The bounds & bonds of publique obedience, or, A vindication of our lawfull submission to the present government, or to a government supposed unlawfull, but commanding lawfull things likewise how such an obedience is consistent with our Solemne League and Covenant : in all which a reply is made to the three answers of the two demurrers, and to the author of The grand case of conscience, who professe themselves impassionate Presbyterians.
         Rous, Francis, 1579-1659.
      
       
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             The bounds & bonds of publique obedience, or, A vindication of our lawfull submission to the present government, or to a government supposed unlawfull, but commanding lawfull things likewise how such an obedience is consistent with our Solemne League and Covenant : in all which a reply is made to the three answers of the two demurrers, and to the author of The grand case of conscience, who professe themselves impassionate Presbyterians.
             Rous, Francis, 1579-1659.
          
           [2], 66 p.
           
             Printed for John Wright ...,
             London :
             1649.
          
           
             In reply to: A religious demurrer, A second part of the religious demurrer, and The grand case of conscience stated.
             Written by Francis Rous. Cf. Halkett & Laing (2nd ed.).
             Errata: p. 66.
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
         eng
      
       
         
           Solemn League and Covenant (1643)
           Grand case of conscience stated.
           Religious demurrer.
           Allegiance -- Early works to 1800.
           Political science -- Early works to 1800.
        
      
    
       A57691  R15008  (Wing R2013).  civilwar no The bounds & bonds of publique obedience. Or, A vindication of our lawfull submission to the present government, or to a government supposed Ascham, Antony 1649    27599 96 0 0 0 0 0 35 C  The  rate of 35 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 
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           THE
           Bounds
           &
           bonds
           OF
           Publique
           Obedience
           OR
           ,
           A
           Vindication
           of
           our
           lawfull
           submission
           to
           the
           present
           Government
           ,
           or
           to
           a
           government
           supposed
           unlawfull
           ,
           but
           commanding
           lawfull
           things
           .
           Likewise
           how
           such
           an
           obedience
           is
           consistent
           with
           our
           solemne
           League
           and
           Covenant
           .
           In
           all
           which
           a
           Reply
           is
           made
           to
           the
           three
           Answers
           of
           the
           two
           Demurrers
           ,
           and
           to
           the
           Author
           of
           the
           grand
           Case
           of
           Conscience
           ,
           who
           professe
           themselves
           impassionate
           Presbyterians
           .
        
         
           London
           printed
           for
           
             Iohn
             Wright
          
           at
           the
           Kings
           Head
           in
           the
           Old-Bayley
           ,
           1649
           ,
        
      
    
     
       
       
       
         
           THE
           Bounds
           and
           Bonds
           OF
           publique
           obedience
           ,
           OR
           A
           vindication
           of
           our
           lawfull
           submission
           to
           the
           present
           Government
           ,
           or
           to
           a
           Government
           supposed
           unlawfull
           ,
           but
           commanding
           lawfull
           things
           .
        
         
           
             I
             know
             not
             by
             what
             fate
             or
             misfortune
             it
             comes
             to
             passe
             ,
          
           
           
             that
             in
             the
             disquisition
             of
             a
             truth
             (
             though
             a
             simple
             uniforme
             thing
             )
             yet
             the
             contests
             about
             it
             ,
             are
             usually
             infinite
             ,
             and
             it
             is
             as
             difficult
             a
             thing
             to
             disincumber
             it
             feom
             errours
             ,
             as
             it
             is
             a
             good
             field
             from
             weeds
             and
             brambles
             ;
             which
             when
             the
             country
             man
             hath
             burnt
             to
             ashes
             ,
             and
             thinks
             he
             hath
             quite
             destroyed
             ,
             the
             next
             yeare
             to
             his
             astonishment
             he
             sees
             them
             return
             more
             numerous
             then
             before
             .
             Surely
             our
             unhappinesse
             in
             the
             E●adication
             
             of
             civill
             errours
             is
             ,
             that
             we
             speake
             more
             to
             the
             affections
             then
             to
             the
             Iudgement
             ,
             and
             therefore
             offer
             passion
             in
             stead
             of
             reason
             ,
             or
             make
             one
             but
             the
             counterfeit
             of
             the
             other
             ,
             or
             else
             not
             affecting
             one
             anothers
             persons
             ,
             we
             fling
             headily
             into
             opposite
             paths
             or
             principles
             ,
             in
             which
             not
             treading
             together
             at
             first
             ,
             we
             cannot
             possibly
             meet
             together
             at
             last
             ,
             and
             in
             this
             aberration
             we
             loose
             both
             truth
             and
             our selves
             .
          
        
         
           
             Thus
             we
             finde
             it
             in
             these
             three
             severall
             answers
             to
             the
             first
             Treatise
             ,
             in
             which
             (
             and
             the
             unhappilier
             ,
             to
             give
             foundation
             to
             practicable
             errors
             )
             they
             at
             the
             very
             entry
             of
             the
             controversie
             mistake
             principles
             ,
          
           in
           jure
           publico
           ,
           in
           the
           riginall
           of
           Magistracy
           and
           Government
           ,
           in
           the
           nature
           of
           possession
           ,
           prescription
           ,
           right
           of
           extream
           necessity
           ,
           of
           assertory
           &
           promissory
           Oaths
           ,
           
             &c.
             things
             which
             were
             otherwaies
             stated
             and
             proved
             in
             that
             discourse
             to
             which
             they
             have
             bin
             referred
             ;
             I
             should
             not
             so
             disertly
             tell
             these
             tripartite
             answerers
             ,
             that
             they
             do
          
           suponere
           quodlibet
           ,
           ut
           Probetur
           quidlibet
           ,
           
             were
             it
             not
             but
             that
             I
             see
             them
             so
             Majesterially
             peremptory
             to
             prescribe
             to
             others
             ,
             and
             to
             necessitate
             us
             into
             action
             of
             the
             greatest
             prejudice
             that
             may
             be
             betwixt
             man
             &
             man
             ;
             that
             I
             finde
             one
             of
             them
             give
             such
             a
             losse
             to
             his
             passion
             ,
             that
             it
             carries
             him
             into
             direct
             Blasphemy
             ,
          
           
           advising
           that
           a
           Committee
           might
           treat
           with
           God
           ,
           yea
           sentence
           the
           blessed
           Trinity
           .
           
             Lastly
             because
             all
             the
             world
             knows
             they
             give
             that
             obedience
             which
             to
             attaine
             publique
             desolation
             they
             will
             not
             allow
             toothers
             ;
             wherefore
             as
             the
             subtilties
             of
             the
             vop●●rs
             are
             so
             fine
             and
             delicate
             ,
             that
             they
             passe
             upwards
             on
             every
             hand
             about
             us
             imperciptibly
             till
             at
             last
             we
             heare
             them
             over
             our
             heads
             formd
             into
             Thunder
             ,
             Lightning
             and
             Tempests
             ,
             even
             so
             the
             fumes
             of
             these
             private
             mens
             Passions
             passe
             so
             subtilly
             through
             their
             soft
             words
             ,
             that
             if
             we
             who
             converse
             with
             them
             ,
             be
             not
             maturely
             advisd
             of
             them
             ,
             their
             insinuation
             will
             draw
             us
             into
             fire
             and
             flame
             ,
             into
             blood
             and
             desolation
             ,
             into
             the
             Calamities
             of
             a
             war
             ,
             which
             perhaps
             may
             end
             as
             distantly
             from
             our
             and
             their
             now
             Covenant
             intentions
             as
             the
             two
             former
             have
             already
             done
             .
          
        
         
           The
           Question
           which
           was
           first
           asserted
           stands
           still
           unshaken
           and
           almost
           untoucht
           ,
           and
           in
           all
           th●se
           answers
           it
           is
           evidently
           granted
           ,
           That
           we
           of
           the
           people
           may
           lawfully
           
           give
           obedience
           to
           an
           unlawfull
           power
           ;
           
           this
           onely
           is
           denied
           ,
           That
           it
           may
           be
           not
           with
           an
           acknowledgement
           of
           their
           authority
           and
           right
           ,
           which
           is
           very
           uncasuistly
           and
           unconscientiously
           inserted
           here
           ,
           because
           that
           is
           not
           the
           Peoples
           present
           case
           ,
           but
           the
           Governours
           ,
           these
           onely
           asserting
           that
           ,
           contenting
           themselves
           with
           simple
           obedience
           from
           us
           .
        
         
           The
           first
           Argument
           of
           the
           first
           Demurrer
           is
           formed
           against
           the
           incapacity
           of
           the
           persons
           governing
           ,
           
           and
           it
           runs
           thus
           :
        
         
           
             Ob.
             That
             which
             is
             now
             termed
             a
             Parliament
             ,
             is
             neither
             formally
             ,
             materially
             ,
             nor
             effectually
             a
             Parliament
             ,
             such
             as
             is
             requisite
             for
             this
             Kingdom
             ,
             either
             according
             to
             the
             mind
             of
             God
             ,
             or
             the
             necessities
             of
             the
             State
             .
             First
             ,
             because
             the
             change
             which
             is
             made
             in
             it
             ,
             is
             not
             made
             by
             those
             who
             first
             constituted
             it
             ,
             unlesse
             it
             be
             by
             conquest
             .
             The
             modern
             modell
             containes
             not
             the
             whole
             ,
             nor
             the
             major
             part
             of
             the
             peoplee
             Secondly
             ,
             the
             alteration
             is
             made
             by
             the
             Commons
             only
             ,
             the
             Nobility
             as
          
           illustrior
           pars
           populi
           ,
           
             appeared
             not
             in
             it
             .
          
        
         
           
             Ans.
          
           Though
           this
           Argument
           (
           with
           the
           rest
           )
           relates
           more
           to
           the
           Commanders
           then
           to
           the
           obeyers
           ,
           
           (
           of
           whom
           our
           controversie
           onely
           is
           )
           and
           that
           we
           of
           the
           People
           have
           a
           right
           to
           do
           lawfull
           things
           ,
           though
           there
           were
           no
           Magistrate
           lawfull
           or
           unlawful
           to
           oversee
           us
           ,
           yet
           I
           shall
           not
           stop
           at
           these
           advantages
           ,
           but
           oppose
           to
           the
           main
           of
           this
           Argument
           ,
           the
           main
           of
           our
           Creation
           and
           conservation
           .
           For
           we
           have
           nothing
           else
           to
           doe
           in
           the
           world
           ,
           but
           to
           praise
           God
           and
           love
           our
           neighbour
           .
           The
           circumstance
           of
           the
           Magistrate
           is
           onely
           to
           be
           an
           encouragement
           of
           this
           ,
           and
           to
           see
           that
           it
           be
           done
           with
           security
           :
           and
           if
           he
           doe
           this
           (
           whatever
           he
           be
           )
           we
           are
           beholding
           to
           him
           ,
           and
           should
           praise
           God
           for
           him
           ,
           and
           then
           why
           not
           obey
           him
           ?
        
         
           Though
           this
           were
           granted
           ,
           That
           one
           Magistrate
           was
           unjustly
           ejected
           by
           another
           ,
           and
           one
           government
           by
           another
           ,
           yet
           that
           relates
           onely
           to
           those
           who
           co-operated
           in
           it
           whilst
           it
           was
           doing
           .
           How
           can
           such
           a
           supposed
           guilt
           in
           them
           ,
           be
           in
           any
           part
           continued
           upon
           ,
           and
           ascribed
           to
           
           us
           of
           the
           low
           ranke
           of
           the
           people
           ?
           or
           now
           especially
           that
           we
           come
           into
           it
           after
           it
           is
           done
           ,
           and
           after
           we
           are
           under
           the
           full
           possession
           of
           a
           present
           Power
           ?
           People
           by
           the
           effects
           of
           it
           ,
           sustaine
           punishment
           enough
           if
           they
           lose
           a
           good
           Magistracy
           ,
           must
           they
           likewise
           be
           punisht
           because
           it
           is
           lost
           ,
           though
           they
           were
           no
           con-cause
           of
           it
           ?
        
         
           The
           Authour
           of
           the
           Grand
           Case
           of
           Conscience
           ,
           p.
           10.
           infers
           
             Yes
             ,
          
           and
           therefore
           makes
           our
           new
           commotions
           necessary
           :
           
             because
             we
             can
             do
             nothing
             just
             in
             a
             State
             ,
             where
             ,
             (
             through
             the
             defect
             of
             a
             legal
             Magistracy
             )
             we
             can
             have
             no
             justice
             ,
             yea
             though
             the
             things
             we
             do
             be
             in
             themselves
             just
             .
             For
             (
             quoth
             he
             )
             judgement
             is
             then
             onely
             just
             ,
             when
             it
             is
             exercised
             by
             the
             higher
             Powers
             ,
             the
             legall
             Magistracy
             of
             that
             Kingdome
             ,
             where
             it
             is
             acted
             .
          
        
         
           I
           answer
           ,
           things
           are
           considerable
           ,
           onely
           so
           far
           as
           they
           may
           reach
           the
           ends
           for
           which
           they
           are
           .
           
           The
           end
           of
           every
           Magistrate
           is
           to
           see
           justice
           executed
           in
           case
           it
           be
           violated
           :
           
             Iusto
             enim
             non
             ponitur
             lex
             .
          
           The
           end
           of
           justice
           is
           to
           be
           a
           measure
           of
           
             equity
             ,
          
           that
           is
           ,
           of
           
             equality
             .
          
           Justice
           or
           the
           proportion
           of
           equality
           is
           either
           comutative
           or
           distributive
           .
           But
           neither
           of
           these
           relate
           so
           essentially
           to
           the
           legall
           Magistrate
           ,
           that
           nothing
           may
           be
           done
           truly
           and
           conscienciously
           just
           ,
           without
           he
           co-operate
           in
           it
           .
           As
           for
           
             commutative
             equality
             ,
          
           if
           
             Titius
          
           lend
           
             Sempronius
          
           ten
           bushels
           of
           such
           a
           quantity
           ,
           which
           bushels
           have
           the
           publique
           mark
           upon
           them
           ,
           and
           
             Sempronius
          
           pay
           him
           ten
           other
           every
           way
           of
           the
           same
           equality
           ,
           
           but
           that
           there
           wants
           the
           former
           mark
           ,
           or
           that
           the
           said
           bushels
           have
           another
           mark
           ,
           will
           you
           say
           
             Sempronius
          
           hath
           not
           intrinsically
           done
           
             Titius
          
           justice
           ,
           or
           hath
           not
           justly
           satisfied
           him
           in
           his
           quantity
           ?
           especially
           if
           in
           the
           mean
           time
           no
           more
           of
           that
           former
           marke
           can
           be
           had
           ?
           As
           for
           
             distributive
             justice
             ,
          
           we
           know
           that
           St.
           
             Paul
          
           advised
           the
           
             Corinthians
          
           to
           avoyd
           the
           Iegall
           Magistracy
           and
           the
           judgement
           of
           the
           higher
           powers
           of
           that
           Countrey
           ,
           
           and
           rather
           to
           end
           things
           by
           arbitrement
           among
           themselves
           ,
           which
           had
           been
           an
           advice
           unjust
           ,
           and
           to
           the
           scandall
           of
           Christianity
           ,
           if
           things
           in
           themselves
           just
           might
           not
           
           be
           done
           but
           by
           the
           justice
           of
           the
           legall
           Magistrate
           .
           This
           therefore
           is
           but
           according
           to
           an
           old
           Axiome
           of
           justice
           ,
           
             Provisio
             hominis
             tollit
             provisionem
             legis
             .
          
        
         
           Thus
           much
           I
           have
           thought
           fit
           to
           answer
           in
           generall
           to
           this
           objection
           ;
           
           but
           now
           more
           particularly
           I
           answer
           to
           its
           terms
           .
           And
           first
           ,
           why
           is
           not
           this
           effectually
           a
           Parliament
           ,
           seeing
           it
           is
           the
           Supream
           present
           power
           of
           the
           whole
           Nation
           ,
           no
           part
           excluded
           ?
           
           which
           in
           this
           controversie
           is
           the
           very
           term
           of
           the
           question
           .
           I
           hope
           he
           means
           no
           Criticisme
           by
           the
           word
           Parliament
           ;
           if
           he
           doth
           ,
           it
           signifies
           onely
           a
           publique
           speaking
           or
           consulting
           together
           for
           the
           Publique
           .
           Moreover
           ,
           the
           Authour
           would
           be
           (
           I
           am
           sure
           )
           much
           perplext
           ,
           if
           I
           should
           aske
           him
           ,
           
             how
             he
             knoweth
             so
             indubitably
             that
             this
             is
             not
             a
             Parliament
             or
             supreame
             Power
             requisite
             for
             this
             Kingdome
             ,
             according
             to
             the
             mind
             of
             God
             ?
          
           He
           must
           pardon
           us
           if
           we
           thinke
           formes
           no
           more
           then
           persons
           are
           to
           last
           here
           alwaies
           ;
           or
           that
           the
           changes
           which
           have
           been
           ,
           and
           still
           are
           to
           be
           of
           both
           ,
           must
           never
           be
           done
           but
           according
           to
           the
           customary
           formalities
           of
           a
           quiet
           people
           ,
           but
           rather
           according
           to
           the
           extreame
           necessity
           of
           a
           State
           .
           For
           if
           he
           aske
           me
           ,
           what
           it
           is
           that
           forms
           in-organizd
           people
           into
           a
           Government
           ,
           
           of
           what
           sort
           soever
           ?
           I
           answer
           ,
           Necessity
           .
           If
           ,
           what
           makes
           or
           takes
           away
           a
           Law
           in
           a
           Government
           established
           ?
           I
           answer
           ,
           Necessity
           .
           If
           ,
           what
           takes
           away
           a
           Government
           it selfe
           ?
           I
           answer
           ,
           according
           to
           himselfe
           .
           
             page
          
           2.
           that
           which
           first
           gave
           it
           being
           ,
           
             viz.
          
           Necessity
           .
           Of
           which
           there
           are
           severall
           degrees
           ;
           for
           in
           a
           peaceable
           State
           a
           word
           may
           take
           away
           that
           which
           in
           a
           disturbd
           State
           must
           be
           taken
           away
           by
           the
           Sword
           :
           after
           which
           it
           is
           but
           equall
           that
           he
           who
           gives
           the
           last
           blow
           ,
           should
           in
           that
           quarrell
           give
           the
           last
           word
           ,
           and
           leave
           us
           to
           a
           peremptory
           obedience
           ,
           unlesse
           we
           would
           have
           no
           quarter
           in
           the
           world
           ,
           or
           be
           like
           the
           old
           
             servati
             in
             bello
             ,
          
           who
           were
           sold
           ,
           confind
           to
           chains
           all
           their
           lives
           ,
           or
           condemnd
           to
           dig
           perpetually
           in
           Mynes
           ;
           All
           which
           it
           seems
           this
           Authour
           would
           have
           the
           conclusion
           of
           this
           argument
           ,
           or
           else
           we
           are
           more
           beholding
           to
           the
           charity
           of
           enemies
           ,
           then
           to
           his
           .
           If
           we
           will
           
           not
           be
           perswaded
           by
           the
           States
           arguments
           ,
           yet
           let
           us
           hear
           what
           
             Grotius
             ,
          
           among
           others
           ,
           determined
           long
           agoe
           ,
           for
           all
           the
           world
           in
           this
           case
           .
           
             If
             a
             King
             have
             but
             part
             of
             a
             supream
             power
             (
             which
             consists
             in
             making
             and
             taking
             away
             Lawes
             ,
             in
             laying
             universall
             Taxes
             )
             and
             the
             People
             or
             Senate
             have
             the
             other
             ,
             the
             King
             may
             be
             forcibly
             opposed
             if
             he
             invade
             that
             part
             which
             is
             not
             his
             ,
             because
             for
             so
             much
             he
             hath
             no
             right
             nor
             power
             .
             This
             is
             to
             hold
             ,
             although
             such
             a
             King
             have
             the
             Militia
             alone
             ;
             for
             that
             (
             in
             his
             hand
             )
             relates
             onely
             to
             forraigne
             warre
             ,
             it
             being
             unconceivable
             how
             they
             who
             share
             in
             supreame
             .
             Rights
             ,
             can
             be
             exempt
             from
             a
             right
             of
             defending
             them
             .
             When
             war
             shall
             happen
             betwixt
             such
             Fundamentall
             and
             Supreame
             parties
             ,
             the
             King
             may
             loose
             all
             his
             share
             by
             the
             right
             of
             War
             .
          
           Lib.
           1.
           c.
           4.
           
           §
           13.
           de
           Jubel
           .
           &
           pa.
           ]
           Which
           Right
           of
           Warre
           betwixt
           those
           who
           divide
           a
           whole
           Kingdome
           ,
           if
           it
           end
           clearly
           to
           the
           Reduction
           of
           one
           party
           ,
           is
           not
           called
           so
           properly
           conquest
           as
           victory
           .
           
           This
           Authour
           uses
           the
           name
           of
           the
           first
           onely
           for
           the
           hatred
           every
           one
           bears
           to
           it
           ,
           because
           it
           swallows
           the
           rights
           and
           persons
           of
           the
           whole
           ;
           Whereas
           victory
           relates
           onely
           to
           a
           part
           of
           either
           ,
           as
           beginning
           and
           ending
           in
           Civill
           Warres
           ,
           where
           disputes
           of
           Right
           arise
           betwixt
           those
           of
           the
           same
           Jurisdiction
           and
           Country
           ,
           and
           of
           the
           same
           Common
           Law
           .
        
         
           But
           we
           have
           Arguments
           more
           Authentique
           then
           these
           ,
           to
           shew
           
             that
             such
             changes
             may
             be
             according
             to
             the
             mind
             of
             God
          
           ;
           and
           the
           Demurrer
           all
           his
           life
           will
           never
           prove
           the
           contrary
           ,
           
             Dan.
          
           4.31
           ,
           32.
           
           
           
             Gods
             power
             is
             an
             everlasting
             power
             ,
             and
             his
             Kingdome
             is
             from
             heneracion
             to
             generation
          
           ;
           All
           the
           inhabitants
           of
           the
           earth
           are
           reputed
           as
           nothing
           ,
           and
           according
           to
           his
           will
           he
           worketh
           in
           the
           army
           of
           Heaven
           ,
           and
           in
           the
           inhabitants
           of
           the
           earth
           ,
           and
           none
           can
           stay
           his
           hand
           ,
           nor
           say
           unto
           him
           what
           dost
           thou
           ?
           That
           is
           ,
           God
           as
           Universall
           Lord
           ,
           and
           King
           of
           Kings
           ,
           governes
           both
           Angels
           ,
           men
           ,
           and
           Divels
           ,
           and
           all
           must
           submit
           to
           him
           ,
           because
           of
           his
           supreame
           
             irresistibility
             .
             Psalm
             .
          
           75.7
           .
           
             God
             is
             the
             Iudge
             ,
             he
             maketh
             low
             ,
             and
             he
             maketh
             high
             .
          
           It
           must
           be
           confest
           that
           by
           him
           Princes
           raigne
           ;
           but
           our
           Authour
           had
           
           rather
           perpetually
           imbroile
           our
           bodies
           and
           soules
           ,
           then
           clearly
           say
           ,
           by
           
             whom
             it
             is
             that
             Princes
             cease
             to
             reign
             .
          
           For
           then
           this
           Controversie
           would
           easily
           he
           reconc●l'd
           ,
           and
           we
           as
           easily
           one
           to
           another
           .
        
         
           
             Wee
             have
             shewn
             how
             the
             reason
             of
             Constituting
             ,
             
             and
             of
             changing
             Governments
             ,
             is
             still
             one
             and
             the
             same
             ,
          
           viz.
           
             Supreame
             Necessity
             :
             But
             the
             Demurrer
             objects
             that
             our
             change
             hath
             not
             beene
             done
             by
             the
             same
             order
             of
             persons
             ,
             who
             were
             in
             the
             old
             ,
          
           viz.
           
             By
             major
             part
             of
             Lords
             ,
             and
             major
             part
             of
             the
             Commons
             .
          
        
         
           Although
           he
           is
           againe
           besides
           the
           state
           of
           the
           Question
           ,
           shewing
           onely
           how
           they
           who
           are
           the
           Supream
           Power
           of
           the
           Land
           ,
           
           ought
           not
           to
           command
           us
           ,
           rather
           then
           that
           we
           may
           not
           obey
           them
           in
           lawfull
           things
           ;
           yet
           I
           shall
           here
           make
           another
           sort
           of
           reply
           ,
           which
           will
           be
           very
           short
           to
           those
           who
           profess
           themselves
           
             Presbyterians
             ,
          
           that
           is
           ,
           originally
           
             Parliamentarians
             .
          
        
         
           Kingdoms
           which
           are
           Supream
           in
           themselves
           ,
           
           and
           communicate
           not
           in
           one
           anothers
           
             Lawes
             ,
          
           are
           all
           of
           them
           
             Iure
             Gentium
             ,
          
           in
           a
           state
           of
           War
           ,
           unless
           they
           be
           mutually
           bound
           by
           Leagues
           to
           the
           contrary
           ;
           which
           Leagues
           if
           they
           come
           to
           be
           broken
           ,
           usually
           have
           the
           conditions
           of
           Invasion
           annexed
           ,
           and
           the
           time
           and
           places
           nominated
           for
           beginning
           it
           ;
           and
           because
           there
           is
           nothing
           any
           longer
           due
           by
           Law
           ,
           or
           League
           from
           the
           party
           injured
           ,
           where
           now
           the
           Sword
           is
           onely
           to
           end
           the
           Controversie
           ,
           therefore
           what
           ever
           shall
           be
           acquired
           in
           this
           state
           of
           things
           from
           the
           party
           injuring
           ,
           rightly
           changes
           all
           Titles
           
             in
             Iure
             publico
             ,
          
           and
           in
           the
           right
           of
           governing
           what
           is
           acquired
           ;
           but
           in
           one
           and
           the
           same
           Kingdome
           ,
           where
           the
           Supremacie
           of
           Power
           and
           Right
           lies
           divided
           (
           as
           
             Grotius
             page
          
           7.
           states
           it
           )
           there
           ,
           
           if
           they
           differ
           fundamentally
           ,
           denying
           one
           anothers
           Rights
           and
           Powers
           ,
           they
           are
           then
           immediately
           in
           the
           same
           state
           of
           War
           with
           those
           other
           separate
           Kingdoms
           ;
           here
           onely
           is
           the
           difference
           ,
           that
           these
           in
           their
           Concurrence
           and
           Constitution
           ,
           making
           but
           one
           ,
           have
           none
           of
           those
           ordinary
           Cautions
           ,
           as
           Leagues
           
           have
           for
           their
           Right
           of
           invading
           one
           another
           by
           the
           way
           of
           war
           :
           a
           circumstance
           no
           more
           necessary
           betwixt
           them
           ,
           then
           that
           in
           the
           marriage
           of
           two
           persons
           ,
           a
           Lawyer
           should
           come
           after
           the
           Minister
           hath
           conjoyn'd
           them
           ,
           and
           tell
           them
           in
           what
           cases
           they
           may
           again
           proceed
           to
           Divorce
           ,
           and
           after
           their
           Divorce
           ,
           what
           kinde
           of
           marriages
           they
           should
           make
           next
           .
           Even
           so
           war
           is
           suppos'd
           in
           that
           case
           ,
           as
           well
           as
           Divorce
           in
           this
           ;
           But
           because
           War
           begins
           there
           where
           Law
           ends
           ,
           and
           reciprocally
           ,
           and
           hath
           nothing
           but
           necessity
           for
           its
           equity
           ,
           and
           that
           all
           the
           degrees
           of
           necessity
           cannot
           at
           first
           be
           foreseen
           ,
           nor
           where
           security
           may
           at
           the
           end
           of
           all
           be
           presum'd
           off
           ,
           therefore
           there
           neither
           is
           ,
           nor
           ever
           was
           any
           fixt
           rule
           in
           any
           Countrey
           ,
           what
           people
           should
           be
           bound
           to
           do
           at
           the
           end
           of
           a
           a
           VVar.
           
           I
           hope
           the
           
             Presbyterians
          
           neither
           of
           
             England
             ,
          
           nor
           
             Scotland
          
           intend
           to
           deny
           what
           all
           the
           world
           knowes
           ,
           that
           they
           concluded
           the
           King
           under
           the
           necessity
           of
           VVar
           ,
           as
           well
           as
           others
           who
           conjoyned
           with
           them
           ,
           and
           having
           stated
           his
           case
           there
           ,
           they
           of
           the
           Kirke
           long
           agoe
           frankly
           declared
           ,
           that
           he
           not
           satisfying
           for
           the
           blood
           of
           three
           Kingdoms
           ,
           was
           not
           to
           touch
           the
           Scepter
           any
           more
           ,
           but
           as
           Mr.
           Hinderson
           
             applyed
             in
             his
          
           Newcastle
           
             Conference
             the
          
           4th
           .
           
             of
          
           Hester
           14.
           
           
           
             That
             if
             his
             Majesty
             reforme
             not
             according
             to
             their
             way
             ,
             he
             and
             no
             lesse
             then
             his
             Fathes
             House
             were
             to
             perish
             :
             by
             which
             what
             could
             hee
             and
             they
             understand
             lesse
             ,
             then
             change
             of
             Government
          
           ?
           a
           thing
           ,
           why
           now
           so
           horrid
           for
           the
           other
           party
           to
           think
           on
           ,
           seeing
           they
           gave
           first
           intimation
           of
           it
           ?
           They
           joyntly
           declared
           ,
           that
           the
           King
           was
           not
           to
           judge
           any
           thing
           for
           himselfe
           ,
           nor
           upon
           what
           tearms
           his
           readmittance
           to
           simple
           liberty
           could
           stand
           with
           their
           security
           ;
           *
           for
           ,
           his
           VVar
           when
           it
           ended
           (
           as
           they
           said
           who
           imprisoned
           him
           )
           continued
           the
           same
           necessity
           upon
           them
           ,
           which
           made
           them
           take
           Armes
           at
           the
           beginning
           .
           Therefore
           they
           themselves
           concluded
           ,
           that
           nothing
           could
           be
           changed
           in
           the
           Kings
           concernment
           ,
           according
           to
           the
           old
           forme
           and
           constitution
           of
           the
           Kingdom
           ,
           which
           relates
           to
           a
           time
           of
           Peace
           ,
           and
           not
           to
           a
           time
           of
           War
           .
        
         
         
           
             But
             the
             Nobility
             whom
             he
             here
             stiles
             ,
          
           illustrior
           pars
           populi
           ,
           
             concurred
             not
             to
             this
             change
             ;
             therefore
             it
             is
             formally
             and
             fundamentally
             unlawfull
             .
          
        
         
           In
           the
           first
           place
           ,
           
           I
           understand
           not
           ,
           and
           I
           beleeve
           the
           Lords
           doe
           as
           little
           ,
           what
           he
           meanes
           by
           putting
           them
           into
           such
           improper
           Latine
           .
           For
           they
           alwaies
           understand
           themselves
           to
           be
           rather
           of
           the
           two
           
             Comites
             Regis
             ,
          
           then
           
             partem
             populi
          
           ;
           and
           therefore
           as
           if
           they
           were
           an
           integrant
           part
           of
           the
           Kingdome
           ,
           form'd
           to
           themselves
           a
           separated
           House
           ,
           a
           Jurisdiction
           over
           the
           people
           ,
           &
           lay
           as
           a
           Barre
           betwixt
           the
           King
           and
           them
           ;
           whether
           that
           power
           of
           their's
           had
           any
           congruity
           with
           the
           other
           supreame
           and
           Legislative
           rights
           of
           the
           people
           or
           no
           ,
           is
           not
           now
           the
           question
           ,
           but
           rather
           this
           ,
           
             Whether
             according
             to
             their
             mutuall
             engagements
             ,
             their
             rights
             of
             a
             separated
             house
             were
             rightly
             lost
             to
             the
             House
             of
             Commons
             ,
             or
             no
             ?
          
        
         
           This
           is
           by
           them
           affirmed
           ,
           and
           the
           state
           of
           Venice
           as
           profound
           Platonists
           deny
           the
           other
           ;
           for
           otherwise
           Noble
           men
           would
           be
           as
           difficulty
           reformed
           as
           Kings
           ,
           and
           therefore
           they
           rarely
           conferre
           illustrious
           Titles
           of
           Nobility
           on
           any
           but
           those
           who
           are
           in
           illustrious
           Offices
           ,
           things
           separable
           from
           persons
           ,
           by
           which
           meanes
           all
           Offices
           with
           them
           are
           questionable
           :
           But
           to
           return
           ,
           that
           which
           according
           to
           themselves
           thus
           excluded
           the
           King
           ,
           by
           the
           same
           Logicke
           excluded
           the
           Lords
           ;
           and
           if
           they
           either
           directly
           or
           indirectly
           concurred
           to
           the
           ruine
           of
           the
           rest
           of
           the
           Kingdome
           ,
           then
           the
           argument
           runs
           strong
           ,
           that
           the
           House
           of
           Commons
           were
           bound
           to
           preserve
           it
           ,
           and
           that
           the
           rest
           rightly
           owe
           their
           whole
           protection
           under
           God
           to
           them
           ▪
           But
           because
           I
           will
           suppose
           nothing
           here
           ,
           the
           argument
           of
           matter
           of
           fact
           must
           judge
           one
           as
           well
           as
           the
           other
           .
        
         
           
             Wherefore
             if
             any
             will
             aske
             whether
             there
             was
             not
             a
             Warre
             undertaken
             last
             yeare
             very
             eminently
             dangerous
             to
             the
             whole
             Parliament
             and
             their
             Party
             ;
             the
             Army
             ,
             and
             Country
             Committees
             ,
             and
             that
             by
             the
             contrivance
             of
             the
             Royall
             Party
             here
             ,
             the
          
           Scots
           
             Nation
             in
             the
             North
             ,
          
           Ormond
           
             in
          
           Ireland
           ,
           
             it
             will
             be
             past
             denying
             ;
             Likewise
             whether
             the
             House
             of
             
             Lords
             in
             that
             extremity
             declared
             with
             the
             Commons
             that
             the
          
           Scots
           
             were
             Enemies
             to
             the
             Kingdome
             ,
             or
             upon
             the
             first
             or
             second
             request
             gave
             their
             Concurrence
             for
             Counties
             to
             arme
             themselves
             for
             their
             defence
          
           ;
           The
           ●oyce
           of
           all
           parties
           must
           needs
           say
           no
           :
           So
           that
           ,
           that
           House
           undertook
           to
           act
           a
           part
           as
           dangerous
           to
           the
           rest
           of
           the
           Parliament
           ,
           as
           they
           did
           ,
           who
           were
           actually
           in
           Armes
           against
           their
           party
           every where
           .
           And
           how
           then
           should
           they
           expect
           to
           bestill
           necessary
           to
           them
           ,
           and
           to
           their
           securities
           ,
           who
           had
           put
           them
           into
           such
           apparent
           extremity
           and
           necessities
           ?
           As
           for
           the
           exclusion
           of
           some
           Members
           of
           the
           house
           of
           Commons
           ,
           
           I
           hope
           the
           sincere
           Presbyterians
           wonder
           not
           at
           that
           act
           ,
           because
           the
           Kirk
           and
           State
           of
           Scotland
           was
           preserved
           by
           such
           an
           act
           last
           year
           ,
           and
           by
           the
           concourrence
           of
           the
           same
           meanes
           which
           did
           this
           here
           .
           Yea
           though
           they
           who
           from
           thence
           invaded
           our
           Nation
           ,
           declared
           as
           much
           for
           the
           Covenant
           and
           Presbytery
           as
           the
           Kirke
           it selfe
           ,
           save
           only
           that
           the
           Kirke
           had
           the
           good
           luck
           to
           speake
           the
           last
           word
           .
        
         
           They
           who
           sit
           at
           top
           in
           the
           State
           are
           
             tanquam
             in
             nubibus
             ,
          
           to
           the
           eyes
           of
           us
           of
           the
           People
           .
           Wee
           know
           not
           how
           they
           manage
           their
           Counsels
           ,
           nor
           contrive
           their
           tran●actions
           ,
           that
           is
           best
           determined
           by
           and
           amongst
           themselves
           .
           It
           is
           enough
           for
           us
           if
           they
           be
           of
           a
           number
           competent
           to
           act
           ;
           and
           be
           persons
           who
           enter
           by
           vertue
           of
           free
           Election
           ,
           and
           s●t
           in
           the
           legall
           place
           .
           For
           in
           a
           case
           where
           five
           are
           chosen
           to
           a
           businesses
           ,
           and
           that
           any
           three
           of
           them
           are
           to
           be
           of
           the
           
             Qu●rum
             ,
          
           though
           two
           of
           them
           be
           never
           so
           accidentally
           or
           violently
           detained
           ,
           yet
           what
           the
           other
           three
           doe
           is
           to
           all
           intents
           and
           purposes
           valid
           ,
           which
           is
           the
           present
           case
           .
           By
           this
           Gentlemans
           favour
           ,
           
           we
           have
           an
           Axiome
           of
           Law
           ,
           which
           saith
           that
           in
           Partner-ship
           or
           Society
           (
           as
           the
           Civill
           Law
           calls
           it
           )
           when
           matter
           
             of
             extreme
             prejudice
          
           is
           agitated
           betwixt
           those
           who
           are
           of
           equall
           contribution
           either
           of
           Art
           or
           Mony
           ,
           then
           
             Potior
             est
             conditio
             negantis
             :
          
           nothing
           ought
           in
           this
           case
           to
           be
           concluded
           against
           the
           negatives
           ,
           though
           fewer
           in
           number
           ,
           which
           was
           the
           Parliaments
           case
           when
           after
           the
           equall
           provocations
           
           of
           a
           Prince
           by
           Warre
           and
           imprisonment
           some
           of
           the
           same
           House
           thought
           he
           might
           have
           been
           securely
           readmitted
           into
           the
           Government
           again
           ,
           and
           others
           thought
           it
           evidently
           dangerous
           .
           In
           this
           case
           the
           difference
           was
           as
           it
           were
           legall
           betwixt
           the
           Members
           ,
           but
           not
           to
           be
           decided
           any
           way
           but
           by
           force
           ,
           there
           being
           no
           other
           Tribunall
           to
           judge
           them
           ,
           and
           their
           house
           might
           not
           judge
           of
           it
           ,
           because
           there
           they
           were
           parties
           and
           judges
           ,
           a
           thing
           allowed
           no where
           ;
           
           and
           if
           otherwise
           ,
           then
           the
           major
           part
           might
           legally
           vote
           the
           other
           out
           of
           the
           house
           at
           pleasure
           .
           But
           what
           was
           at
           last
           determined
           by
           any
           number
           above
           forty
           with
           the
           speaker
           in
           the
           legal
           place
           ,
           seemes
           not
           out
           of
           form
           to
           us
           of
           the
           people
           ;
           which
           was
           the
           case
           of
           the
           House
           of
           Lords
           when
           most
           of
           them
           &
           many
           of
           the
           Commons
           at
           the
           beginning
           of
           the
           first
           War
           ,
           fled
           to
           the
           King
           under
           pretence
           of
           force
           from
           
             Westm.
             
          
           Yea
           when
           the
           five
           members
           were
           forc't
           from
           sitting
           ,
           yet
           the
           rest
           of
           the
           House
           sat
           and
           acted
           without
           them
           ,
           and
           voted
           a
           Committee
           ,
           
             Ian.
          
           5.
           
           To
           sit
           in
           
             London
             ,
          
           and
           there
           to
           take
           into
           consideration
           the
           breach
           of
           Priviledges
           ,
           the
           safety
           of
           the
           King
           and
           Kingdome
           ,
           and
           preservation
           of
           Ireland
           ,
           which
           was
           accordingly
           done
           by
           vertue
           of
           those
           Votes
           ,
           made
           when
           Members
           were
           thus
           forct
           away
           .
           All
           our
           scruples
           therefore
           are
           concerning
           things
           to
           us
           practicably
           lawfull
           or
           unlawfull
           in
           themselves
           ,
           
        
         
           As
           for
           
             the
             will
             of
             the
             Major
             part
             of
             the
             people
             ,
          
           how
           will
           the
           Demurrer
           prove
           that
           they
           had
           not
           rather
           obey
           this
           present
           Power
           ,
           then
           seeke
           to
           be
           rid
           of
           it
           by
           the
           hazards
           and
           calamities
           of
           another
           War
           ?
           They
           usually
           looke
           after
           nothing
           but
           their
           Rents
           ,
           Markets
           ,
           and
           reasonable
           subsistances
           ,
           they
           are
           the
           luxurious
           and
           ambitious
           part
           onely
           which
           pretends
           to
           new
           troubles
           .
           The
           peoples
           question
           thereof
           is
           not
           
             how
          
           the
           change
           was
           made
           ,
           but
           
             an
             sit
          
           whether
           it
           be
           so
           changed
           or
           noe
           ?
           For
           if
           according
           to
           its
           formality
           that
           be
           not
           rightly
           done
           ;
           it
           concerneth
           not
           their
           consciences
           no
           more
           then
           the
           Thunder
           or
           lightning
           over
           their
           heads
           doth
           ,
           which
           are
           things
           totally
           out
           of
           their
           power
           ,
           much
           lesse
           may
           they
           lawfully
           desolate
           Neighbours
           for
           them
           .
        
         
         
           
           
             But
             he
             hath
             found
             one
             firme
             Axiome
             ,
             That
             when
             part
             of
             any
             thing
             is
             cut
             off
             ,
             the
             whole
          
           qua
           tale
           
             is
             destroyed
          
           quià
           dum
           cessat
           forma
           ,
           cessat
           formatum
           ;
           ergo
           
             the
             late
             force
             on
             the
             Parliament
             hath
             made
             this
             no
             Parliament
             .
          
        
         
           
           I
           wish
           he
           had
           taken
           the
           paines
           to
           give
           either
           a
           distinction
           or
           an
           instance
           in
           his
           Axiome
           ,
           or
           have
           drawn
           up
           his
           inference
           into
           a
           Syllogisme
           ;
           for
           I
           feare
           we
           shall
           finde
           wide
           impertinence
           in
           the
           first
           ,
           and
           a
           grosse
           
             non
             sequitur
             ,
          
           in
           the
           last
           as
           he
           hath
           ordered
           it
           .
           
             The
             question
             disputed
             here
             is
             not
             whither
             the
             denominated
             Parliament
             now
             sitting
             at
             Westminster
             be
             a
             Parliament
             according
             to
             the
             old
             forme
             and
             composure
             of
             Parliament
             or
             no
             ,
             but
             whither
             tht
             Parliament
             now
             sitting
             at
             Westminster
             ,
             be
             the
             supreame
             power
             of
             the
             Kingdome
             or
             no
             ,
             and
             to
             be
             obeyed
             in
             lawfull
             things
             .
             His
             Argument
             runs
             thus
             ;
          
        
         
           
             The
             surpeme
             power
             of
             the
             Kingdome
             consists
             in
             a
             Parliament
             of
             King
             ,
             Lords
             and
             Commons
             .
          
        
         
           
             But
             at
             Westminster
             there
             is
             not
             a
             Parliament
             consisting
             of
             King
             ,
             Lords
             and
             Commons
             .
          
        
         
           
             Ergo
          
           at
           Westminster
           ,
           there
           is
           no
           true
           Parliament
           at
           all
           
             nam
             dum
             cessat
             forma
             ,
             cessat
             formatum
             .
          
        
         
           I
           thought
           he
           had
           been
           so
           good
           a
           Logician
           ,
           as
           to
           have
           understood
           that
           the
           conclusion
           of
           his
           Syllogisme
           ought
           to
           have
           been
           contradictory
           to
           the
           question
           ,
           from
           which
           it
           is
           as
           distant
           as
           if
           he
           would
           have
           concluded
           that
           two
           and
           three
           make
           five
           ,
           which
           is
           very
           true
           ,
           but
           how
           is
           it
           any
           thing
           to
           the
           purpose
           ?
        
         
           
           However
           I
           will
           doe
           him
           the
           favour
           to
           deny
           his
           Major
           —
           For
           we
           speake
           of
           powers
           which
           
             now
          
           are
           ,
           and
           he
           himselfe
           hath
           all
           along
           condoled
           the
           e●ection
           of
           the
           King
           ,
           and
           of
           house
           of
           Lords
           ,
           as
           things
           which
           are
           not
           .
           
             Sed
             non
             entium
             nultae
             sunt
             affectiones
          
           ;
           &
           so
           consequently
           they
           who
           are
           now
           nothing
           ,
           make
           nothing
           now
           at
           
             Westminster
             ,
          
           or
           anywhere
           else
           .
           But
           doth
           it
           follow
           however
           ,
           that
           there
           can
           not
           be
           now
           any
           supream
           power
           at
           
             Westminster
          
           ?
           at
           all
           If
           he
           had
           proved
           this
           ,
           
           he
           had
           proved
           something
           .
           But
           pe●●aps
           the
           very
           word
           
             Parliament
          
           poses
           him
           ,
           or
           else
           he
           would
           thereby
           
           impose
           on
           others
           .
           I
           must
           confesse
           words
           are
           dangerous
           ,
           when
           they
           are
           not
           fully
           explained
           :
           and
           possibly
           the
           King
           mistook
           himselfe
           very
           much
           upon
           the
           very
           Alphabet
           and
           word
           of
           his
           Title
           ,
           supposing
           he
           could
           not
           be
           named
           
             King
             ,
          
           unlesse
           he
           were
           ab●olute
           ,
           as
           he
           observed
           other
           Kings
           were
           ;
           whereas
           by
           our
           constitution
           he
           was
           but
           one
           of
           three
           ,
           who
           concurred
           to
           the
           making
           and
           abrogating
           a
           Law
           ,
           and
           it
           belong'd
           to
           the
           Commons
           alone
           ,
           to
           lay
           an
           universall
           taxe
           ;
           so
           that
           he
           was
           in
           most
           things
           rather
           Prince
           by
           office
           ,
           then
           King
           by
           power
           ,
           
             in
             tanto
             ,
             non
             in
             toto
             .
          
           Even
           so
           the
           word
           
             Parliament
             ,
          
           as
           it
           hath
           been
           popularly
           understood
           ,
           signifies
           the
           assembly
           of
           severall
           houses
           ,
           deliberating
           and
           concluding
           what
           was
           judged
           for
           the
           good
           of
           the
           publique
           .
        
         
           But
           it
           is
           a
           contradiction
           to
           say
           a
           Parliament
           cannot
           at
           all
           be
           truly
           so
           called
           ,
           unles
           so
           understood
           ;
           we
           know
           there
           are
           eight
           Parliaments
           in
           
             France
             ,
          
           which
           are
           not
           of
           such
           a
           constitution
           ,
           though
           of
           the
           same
           Denomination
           .
           And
           if
           severall
           persons
           plenipotentiarily
           deputed
           to
           conclude
           for
           the
           publique
           good
           of
           the
           people
           ,
           sit
           now
           at
           
             Westminster
             ,
          
           and
           that
           the
           other
           concurrent
           powers
           be
           civily
           dead
           ;
           why
           may
           not
           we
           congruously
           enough
           still
           call
           them
           a
           Parliament
           ?
           
             His
          
           axiome
           therefore
           serves
           onely
           against
           himselfe
           ,
           and
           the
           true
           English
           of
           
             dum
             cessat
             form●
             cessat
             formatum
          
           ;
           is
           this
           ,
           That
           seeing
           the
           old
           forme
           of
           this
           state
           ,
           as
           it
           was
           in
           the
           supremacy
           of
           Kings
           Lords
           and
           Commons
           ▪
           hath
           in
           that
           relation
           ceased
           to
           be
           ,
           and
           is
           civilly
           dead
           ,
           not
           being
           able
           any
           longer
           to
           act
           any
           thing
           ;
           and
           that
           a
           civill
           body
           as
           well
           a
           naturall
           ,
           cannot
           live
           without
           a
           head
           one
           day
           ;
           it
           followes
           then
           by
           this
           position
           ,
           that
           the
           Regall
           Government
           is
           gone
           ,
           and
           that
           we
           are
           in
           the
           state
           of
           a
           Republique
           ;
           no
           other
           power
           now
           informing
           or
           actuating
           us
           ,
           besides
           that
           which
           pretends
           to
           such
           a
           state
           ;
           and
           where
           I
           pray
           you
           is
           that
           to
           be
           found
           now
           ,
           but
           at
           
             Westminster
             .
          
        
         
           
             In
             the
             next
             place
             he
             offers
             a
             case
             ,
             If
             the
             King
             ,
             when
             hee
             came
             to
             accuse
             the
             five
             Members
             ,
          
           
           
             had
             detained
             all
             
             but
             forty
             and
             the
             Speaker
             ;
             and
             had
             forc't
             them
             to
             Vote
             ,
             that
             the
             whole
             Legislative
             power
             resided
             in
             himselfe
             ;
             would
             we
             have
             deemed
             this
             a
             valid
             Vote
             ?
             Especially
             seeing
             some
             Votes
             since
             this
             Session
             were
             adjudged
             Null
             ,
             because
             the
             House
             was
             under
             a
             force
             .
             By
             which
             it
             seemes
             (
             quoth
             he
             )
             that
             with
             some
             new
          
           veritas
           non
           est
           perpetua
           ;
           
             and
          
           Duo
           dum
           faciunt
           idem
           ,
           non
           estidem
           .
        
         
           
           To
           the
           first
           I
           answer
           positively
           ,
           That
           such
           a
           Vote
           attained
           by
           the
           King
           ,
           had
           beene
           no
           wayes
           duely
           valid
           .
        
         
           
           But
           what
           is
           this
           to
           the
           purpose
           ?
           For
           the
           question
           should
           have
           beene
           
             after
             the
             King
             had
             detained
             such
             a
             Vote
             ,
             and
             had
             got
             us
             all
             into
             his
             full
             possession
             ,
             whether
             we
             of
             the
             people
             might
             have
             obey'd
             him
             ever
             after
             in
             lawfull
             things
             .
          
        
         
           Secondly
           ,
           if
           he
           would
           have
           the
           people
           understand
           this
           case
           to
           be
           parallel
           ,
           to
           the
           late
           exclusion
           of
           the
           Members
           ,
           he
           prevaricates
           grosly
           againe
           ;
           For
           he
           supposes
           the
           very
           forty
           
             in
             the
             House
             ,
          
           with
           the
           King
           ,
           to
           have
           been
           under
           a
           force
           ;
           whereas
           in
           the
           Parliaments
           late
           case
           ,
           none
           but
           those
           
             who
             were
             out
             of
             the
             House
             ,
          
           were
           under
           restraint
           ;
           the
           former
           were
           supposed
           to
           be
           forc't
           to
           a
           particular
           Vote
           ,
           the
           latter
           were
           kept
           from
           Voting
           at
           all
           :
           Besides
           they
           who
           
             de
             facto
          
           Voted
           in
           the
           House
           ,
           have
           publiquely
           declared
           that
           they
           past
           their
           Votes
           ,
           with
           all
           wonted
           freedome
           ,
           and
           were
           rescued
           as
           it
           were
           from
           an
           overawing
           power
           ,
           which
           concludes
           against
           his
           Argument
           abundantly
           .
           As
           in
           this
           Argument
           he
           hath
           done
           truth
           little
           service
           ;
           so
           he
           hath
           (
           by
           his
           mistake
           )
           done
           Kingly
           Government
           lesse
           .
           For
           if
           Princes
           who
           have
           us
           in
           their
           full
           possession
           ,
           may
           be
           obey'd
           in
           no
           lawful
           things
           ,
           after
           they
           acquire
           an
           addition
           of
           some
           other
           powers
           unlawfull
           ;
           then
           he
           would
           dislove
           most
           of
           their
           Governments
           ,
           and
           have
           absolv'd
           us
           from
           Allegiance
           to
           King
           
             Charles
          
           long
           before
           this
           Parliament
           began
           ;
           by
           which
           sort
           of
           arguing
           the
           Royallists
           I
           see
           will
           have
           no
           great
           prise
           this
           Gentleman
           .
        
         
           
             But
             the
             Parliament
             hath
             already
             declared
             the
             Votes
             made
             under
             a
             force
             are
             null
          
           ;
           This
           Vote
           I
           suppose
           he
           meanes
           past
           ,
           
           after
           Boyes
           and
           apprentices
           of
           the
           Towne
           ,
           
           had
           entred
           the
           House
           ,
           and
           made
           the
           Speaker
           propound
           ,
           and
           the
           Members
           Vote
           what
           they
           pleas'd
           .
           Here
           indeed
           there
           were
           forced
           Votes
           ;
           But
           surely
           this
           proves
           not
           ,
           that
           they
           who
           Voted
           ,
           when
           the
           Members
           were
           last
           excluded
           ,
           Voted
           in
           that
           manner
           .
           Besides
           the
           Parliament
           which
           knowes
           better
           then
           we
           of
           the
           people
           ,
           what
           their
           owne
           disorders
           within
           their
           House
           are
           ,
           are
           only
           fit
           to
           Vote
           ,
           what
           Votes
           have
           beene
           forc't
           upon
           them
           ,
           and
           they
           since
           that
           time
           have
           declared
           ,
           they
           never
           transacted
           things
           with
           greater
           freedome
           and
           lesse
           overawing
           .
           From
           whence
           I
           easily
           see
           that
           his
           Axiomes
           will
           serve
           him
           nothing
           at
           all
           .
           For
           we
           acknowledge
           
             Veritatem
             esse
             perpetuam
             ,
          
           
           if
           we
           speake
           of
           naturall
           and
           Mathematicall
           truths
           ,
           where
           there
           is
           no
           
             medium
             proportionis
             ,
          
           to
           varie
           the
           thing
           ;
           as
           ,
           all
           number
           are
           even
           or
           odd
           ;
           because
           there
           is
           no
           middle
           number
           ,
           so
           all
           lines
           are
           either
           crooked
           or
           straight
           :
           But
           morall
           &
           civil
           things
           are
           alwaies
           in
           change
           ,
           because
           humane
           actions
           are
           invested
           with
           such
           an
           infinity
           of
           circumstances
           and
           accidents
           ;
           
           for
           which
           reason
           
             Duo
             dum
             faciunt
             idem
             non
             est
             idem
          
           ;
           For
           no
           two
           men
           in
           the
           world
           can
           act
           the
           same
           thing
           in
           all
           the
           same
           circumstances
           :
           Thus
           we
           heare
           that
           
             Omnis
             des●nitio
             in
             jure
             est
             periculosa
          
           ;
           and
           
             summum
             jus
             aliquando
             sit
             summa
             miuria
             ,
          
           which
           cannot
           be
           but
           in
           regard
           of
           those
           various
           accidents
           which
           perplex
           our
           actions
           ,
           and
           make
           them
           like
           that
           famous
           flower
           the
           Marvell
           of
           
             Peru
             ,
          
           which
           changes
           the
           colour
           of
           it
           's
           Leaves
           every
           day
           .
           His
           last
           axiome
           ,
           
             That
             no
             man
             ought
             to
             take
             advantage
             of
             his
             owne
             wrongfull
             act
             or
             of
             anothers
          
           :
           is
           impertinent
           and
           no
           way
           beloning
           to
           us
           of
           the
           people
           .
           If
           he
           intends
           it
           to
           the
           present
           Governours
           ,
           he
           had
           best
           to
           take
           heed
           againe
           ,
           that
           he
           determine
           not
           against
           severall
           lines
           of
           our
           Kings
           :
           For
           the
           clearing
           of
           whose
           titles
           after
           usurpations
           ,
           the
           Judges
           were
           ancienty
           sore
           put
           to
           it
           ,
           
           to
           make
           this
           one
           Axiome
           for
           all
           .
           That
           the
           imposition
           of
           the
           Crowne
           takes
           away
           all
           defects
           ,
           and
           stops
           in
           blood
           .
           And
           if
           this
           be
           true
           ,
           then
           we
           and
           our
           forefathers
           for
           the
           most
           part
           ,
           have
           live'd
           ●nder
           no
           
           better
           Titles
           then
           
             Plenary
             possession
             ,
          
           to
           which
           they
           submitted
           ,
           either
           because
           they
           knew
           no
           better
           Titles
           ,
           or
           could
           have
           none
           of
           better
           to
           command
           them
           ,
           or
           because
           they
           were
           resolved
           they
           might
           lawfully
           submit
           in
           lawfull
           things
           ,
           which
           therefore
           as
           it
           now
           seemes
           ,
           is
           not
           so
           much
           our
           present
           question
           as
           our
           present
           passion
           .
        
         
           
             Two
             principall
             inconveniences
             hee
             findes
             in
             this
             present
             Government
             ,
             and
             by
             the
             goodnesse
             of
             the
             fruit
             hee
             hopes
             hee
             may
             judge
             of
             the
             Tree
             .
          
           where
           I
           must
           againe
           admonish
           him
           ,
           that
           the
           civill
           fruit
           of
           a
           Government
           is
           alike
           in
           all
           Governments
           ,
           especially
           as
           to
           the
           
             Meum
          
           and
           
             Tuum
          
           of
           a
           people
           besides
           ,
           if
           the
           tree
           and
           the
           fruits
           here
           were
           alike
           ,
           then
           a
           good
           Axiome
           were
           spol'd
           ;
           
             Malus
             homo
             potest
             esse
             bonus
             civis
             ,
             &
             bonus
             magistratus
             ,
          
           A
           man
           bad
           to
           himselfe
           ,
           may
           be
           a
           good
           Magistrate
           and
           a
           good
           Common-wealths
           man
           .
           His
           first
           inconvenience
           is
           ,
        
         
           
           
             That
             wee
             have
             now
             made
             the
             basis
             of
             the
             State
             ,
             a
             quick-sand
             ;
             and
             it
             stands
             like
          
           Nebuchadnezzars
           
             Image
             ,
             upon
             a
             mixt
             footing
             ,
             part
             iron
             ,
             part
             clay
             .
          
        
         
           I
           answer
           ,
           that
           it
           stands
           not
           now
           on
           so
           mixt
           a
           footing
           as
           before
           ;
           For
           the
           concurrence
           of
           King
           ,
           Lords
           ,
           and
           Commons
           ,
           for
           the
           product
           of
           a
           supream
           act
           ,
           was
           a
           mixture
           of
           things
           very
           heterogeneous
           ,
           to
           enter
           into
           one
           and
           the
           same
           composition
           :
           By
           reason
           whereof
           ,
           supremacy
           confin'd
           as
           it
           were
           on
           a
           Battable
           ground
           ;
           and
           if
           we
           will
           believe
           
             Persidents
             ,
          
           King
           sometimes
           gain'd
           upon
           the
           other
           two
           ,
           sometimes
           the
           Lords
           topt
           both
           ,
           and
           now
           all
           is
           more
           united
           then
           ever
           in
           the
           sole
           sufferage
           of
           the
           people
           .
        
         
           
           
             Toleration
             is
             the
             next
             inconvenience
             ,
             it
             being
             but
             equitable
             ,
             That
             if
             wee
             thinke
             it
             lawfull
             to
             force
             people
             to
             submit
             to
             the
             Orders
             of
             the
             State
             ,
             the
             same
             people
             be
             compel'd
             to
             adhere
             to
             an
             established
             confession
             of
             faith
             in
             Religion
             .
             For
             it
             is
             presum'd
             that
             Obedience
             is
             fully
             as
             due
             to
             God
             as
             to
             man
             .
          
        
         
           I
           answer
           ,
           the
           Christian
           Religion
           is
           not
           tolerated
           amongst
           us
           ,
           it
           is
           enjoyn'd
           ,
           as
           much
           as
           one
           man
           can
           passe
           it
           upon
           another
           ;
           
           For
           ,
           the
           finall
           penalty
           of
           neglecting
           it
           
           here
           is
           not
           to
           be
           required
           of
           us
           mutually
           in
           this
           life
           .
        
         
           Secondly
           ,
           The
           confessions
           of
           faith
           ,
           which
           he
           would
           have
           men
           forc't
           too
           ,
           are
           (
           as
           I
           conceive
           he
           meanes
           )
           but
           logicall
           deductions
           out
           of
           Scripture
           ,
           Ergo
           not
           indubitably
           ,
           true
           enough
           to
           be
           by
           force
           obtruded
           on
           mens
           faiths
           ;
           
             It
             is
             not
             enough
             to
             say
             here
             ,
             that
             they
             who
             compile
             them
             verily
             believe
             them
             true
             ,
             and
             intend
             not
             to
             deceive
             ,
          
           which
           is
           all
           that
           can
           be
           said
           .
           For
           then
           they
           doe
           no
           more
           but
           quote
           themselves
           ,
           and
           we
           are
           taught
           that
           it
           is
           a
           Popish
           opinion
           to
           beleeve
           any
           company
           of
           men
           are
           infallible
           ,
           in
           what
           they
           purpose
           :
           wherefore
           the
           Magistrate
           can
           doe
           no
           more
           safely
           ,
           then
           recommend
           not
           force
           ,
           their
           notions
           and
           Logick
           on
           the
           people
           .
           But
           in
           a
           case
           of
           
             meum
          
           and
           
             tuum
             ,
          
           or
           in
           a
           morall
           thing
           he
           may
           be
           more
           peremptory
           then
           in
           a
           divine
           ,
           because
           those
           things
           are
           certainlyer
           knowne
           to
           us
           as
           men
           ,
           then
           what
           is
           of
           divine
           revelation
           and
           inference
           .
        
         
           
             He
             feares
             that
             by
             an
             obedience
             to
             an
             unlawfull
             power
             ,
          
           
           
             he
             may
             assert
             its
             unlawfulnesse
             ;
             and
             should
             our
             servants
             rise
             against
             us
             ,
             and
             command
             us
             by
             threats
             to
             performe
             a
             lawfull
             Act
             ,
             which
             is
             but
             transient
             we
             might
             yeild
             to
             avoid
             their
             force
             :
             But
             if
             they
             should
             affirme
             that
             the
             Government
             of
             the
             family
             were
             theirs
             by
             right
             ,
             and
             that
             they
             intended
             to
             perpetuate
             it
             over
             us
             ;
             we
             should
             thinke
             it
             a
             great
             sinne
             to
             betray
             that
             place
             and
             power
             wherein
             God
             hath
             naturally
             and
             morally
             placed
             us
             .
          
        
         
           This
           indeed
           is
           a
           very
           fine
           subtilty
           to
           end
           in
           nothing
           :
           
           and
           I
           am
           sure
           what
           ever
           the
           basis
           of
           the
           State
           be
           ,
           
           the
           Basis
           of
           his
           Argument
           is
           put
           on
           a
           quick-sand
           .
           For
           if
           he
           intend
           truth
           thereby
           ,
           he
           should
           have
           proved
           this
           maine
           thing
           ;
           That
           the
           former
           Magistrate
           was
           our
           naturall
           parent
           ,
           and
           that
           we
           all
           derive
           from
           him
           ,
           as
           from
           a
           
             Genarcha
             ,
          
           which
           being
           so
           evidently
           false
           ,
           is
           as
           ill
           supposed
           .
           For
           in
           this
           confusion
           of
           Families
           in
           the
           world
           ,
           in
           which
           the
           originall
           Families
           are
           lost
           ;
           we
           owe
           no
           naturall
           duty
           to
           any
           ,
           but
           to
           those
           from
           whose
           blood
           we
           derive
           .
        
         
           Secondly
           ,
           Though
           it
           were
           true
           ,
           that
           the
           chiefe
           Magistrate
           were
           our
           naturall
           Parent
           ,
           yet
           it
           followes
           not
           ,
           but
           
           there
           may
           be
           a
           case
           wherein
           he
           might
           be
           refrained
           from
           Government
           ;
           the
           law
           supposes
           many
           ,
           which
           is
           sufficient
           to
           oppose
           this
           Gentlemans
           single
           judgement
           ;
           And
           if
           he
           be
           indeed
           a
           Presbyterian
           ,
           he
           hath
           already
           concluded
           as
           much
           in
           the
           last
           Kings
           case
           ,
           by
           concurring
           to
           invest
           his
           person
           with
           the
           accidents
           of
           Warre
           ,
           in
           detayning
           him
           prisoner
           at
           
             Holmby
             ,
          
           and
           
             Newcastle
          
           &c.
           
        
         
           Thirdly
           ,
           I
           understand
           not
           what
           he
           meanes
           by
           
             Gods
             placing
             a
             Magistrate
             morally
             over
             us
             .
          
           For
           God
           he
           is
           our
           Divine
           and
           supreame
           Magistrate
           ;
           our
           Parent
           is
           our
           naturall
           and
           domestik
           Magistrate
           ,
           and
           those
           who
           command
           the
           State
           wherein
           we
           are
           ,
           are
           our
           civill
           publique
           subordinate
           Magistrates
           under
           God
           ;
           and
           every
           particular
           man
           who
           is
           arrived
           to
           the
           maturity
           of
           reason
           ,
           is
           ,
           (
           if
           any
           such
           be
           )
           his
           owne
           morall
           or
           private
           Magistrate
           .
           For
           the
           principle
           of
           a
           humane
           or
           morall
           action
           ,
           is
           a
           minde
           acting
           freely
           according
           to
           vertue
           ,
           and
           those
           lawes
           which
           are
           written
           within
           us
           .
           But
           if
           by
           a
           morall
           Magistrate
           ,
           he
           meanes
           such
           a
           one
           only
           ,
           as
           is
           seated
           over
           us
           ,
           and
           hath
           a
           care
           that
           we
           live
           conformably
           to
           vertue
           ,
           and
           honesty
           in
           relation
           to
           others
           ;
           then
           it
           followes
           ,
           that
           whoever
           hath
           the
           capacity
           so
           to
           hold
           inspection
           over
           us
           ,
           is
           a
           sufficient
           Magistrate
           ;
           but
           that
           can
           onely
           be
           he
           under
           whose
           full
           possession
           we
           actually
           are
           .
           Moreover
           he
           is
           to
           know
           againe
           ,
           that
           States
           cannot
           looke
           so
           strictly
           after
           vertue
           ,
           as
           after
           publique
           quiet
           .
           For
           morall
           vertue
           is
           a
           private
           thing
           ,
           and
           by
           reason
           of
           the
           free
           concurrence
           of
           the
           will
           ,
           cannot
           be
           discovered
           certainely
           ,
           but
           by
           those
           who
           are
           able
           to
           look
           within
           a
           man
           :
           
           But
           that
           which
           is
           
             ad
             alterum
             ,
          
           and
           concernes
           rather
           wrong
           ,
           then
           right
           ,
           belongs
           to
           the
           Politicall
           Magistrate
           ,
           as
           a
           thing
           which
           cannot
           without
           confusion
           have
           redresse
           otherwayes
           .
           For
           the
           chiefe
           convenience
           of
           a
           State
           ,
           is
           ,
           that
           people
           might
           be
           kept
           from
           inconvenience
           ,
           or
           incommoding
           one
           another
           ;
           and
           that
           they
           may
           be
           conserv'd
           in
           a
           liberty
           to
           doe
           other
           good
           things
           according
           to
           Piety
           and
           honesty
           :
           So
           that
           he
           who
           doth
           things
           in
           themselves
           good
           ,
           though
           under
           an
           unlawfull
           
           civill
           Magistrate
           ,
           doth
           not
           by
           those
           acts
           assert
           any
           Magistrates
           right
           ;
           but
           his
           only
           who
           originally
           gave
           Law
           and
           Rules
           for
           those
           internall
           acts
           ,
           and
           that
           is
           Gods
           right
           alone
           .
        
         
           Lastly
           ,
           whereas
           in
           this
           argument
           ,
           
             he
             saith
             a
             Father
             of
             a
             family
             so
             abused
             should
             in
             his
             required
             submission
             ,
          
           
           
             sin
             ,
             if
             he
             betrayed
             his
             place
             and
             power
             which
             God
             had
             naturally
             given
             him
             .
          
           I
           answer
           that
           there
           is
           a
           difference
           betwixt
           betraying
           a
           place
           so
           given
           ,
           and
           loosing
           it
           by
           force
           (
           which
           indeed
           is
           his
           first
           supposition
           )
           The
           one
           cannot
           be
           done
           without
           sin
           ,
           because
           it
           is
           done
           voluntarily
           and
           totally
           by
           himselfe
           ,
           but
           it
           is
           not
           our
           sin
           if
           we
           be
           forc't
           out
           of
           a
           place
           ;
           to
           which
           we
           are
           compelled
           by
           a
           principle
           without
           us
           ,
           and
           totally
           besides
           our
           power
           .
        
         
           
             But
             there
             is
             a
             lawfuller
             power
             visible
             enough
             to
             religious
             eyes
             ,
          
           
           
             though
             for
             the
             present
             in
             an
             Ecclipse
             ,
             and
             suspended
             .
             It
             is
             not
             lawfull
             for
             a
             man
             to
             marry
             another
             woman
             whilst
             his
             owne
             wife
             is
             in
             a
             sound
             ,
             or
             for
             a
             woman
             to
             marry
             another
             man
             ,
             whilst
             her
             husband
             is
             in
             captivity
             or
             restraint
             ,
             and
             willing
             to
             come
             to
             her
             if
             he
             might
             .
          
        
         
           To
           this
           I
           answer
           ;
           
           First
           ,
           How
           knowes
           he
           certainely
           that
           the
           other
           power
           is
           onely
           in
           an
           ecclipse
           or
           suspended
           ?
           or
           if
           it
           be
           onely
           in
           an
           Ecclipse
           ,
           doth
           it
           follow
           that
           we
           of
           the
           People
           might
           not
           doe
           lawfull
           Actions
           by
           the
           suppliment
           of
           other
           lights
           ,
           whilst
           we
           cannot
           have
           that
           of
           the
           Sun
           ?
           Must
           we
           all
           that
           while
           cease
           to
           be
           men
           for
           the
           absence
           of
           that
           which
           we
           cannot
           help
           ?
           The
           Presybterian
           party
           would
           not
           have
           that
           understood
           so
           ;
           when
           the
           King
           was
           in
           prison
           at
           
             Holmby
             .
          
           There
           be
           no
           more
           suns
           in
           the
           world
           but
           one
           ,
           but
           there
           are
           many
           Magistrates
           ,
           and
           such
           who
           give
           better
           light
           one
           then
           the
           other
           ,
           for
           which
           reason
           God
           first
           chose
           not
           Monarchy
           for
           the
           Jewes
           ,
           certainly
           in
           an
           Ecclipse
           ,
           the
           Sun
           is
           never
           out
           of
           his
           naturall
           Orbe
           ,
           though
           his
           light
           and
           influence
           may
           be
           suspended
           and
           intercepted
           from
           us
           ,
           but
           when
           a
           Prince
           is
           in
           a
           forraigne
           Country
           ,
           and
           lives
           under
           the
           Lawes
           of
           another
           Magistracy
           ,
           and
           that
           all
           Lawes
           and
           di
           stributions
           
           of
           Justice
           and
           Magistracy
           in
           the
           Country
           he
           pretends
           to
           ,
           are
           made
           without
           him
           and
           against
           him
           ,
           will
           you
           according
           to
           the
           Lawes
           of
           Nature
           ,
           Nations
           ,
           or
           Policy
           ,
           say
           he
           alone
           ,
           and
           in
           that
           condition
           ,
           is
           the
           supreame
           power
           or
           Authority
           of
           that
           Country
           ,
           or
           rather
           that
           we
           of
           the
           People
           do
           nothing
           but
           sinne
           in
           his
           absence
           ,
           though
           we
           do
           things
           in
           themselves
           lawfull
           ?
           If
           you
           will
           aske
           how
           he
           came
           to
           be
           out
           of
           his
           Orbe
           or
           Country
           ,
           ?
           
           I
           am
           sure
           it
           was
           against
           the
           advice
           either
           of
           Presbyterian
           or
           Independent
           .
           It
           is
           easily
           granted
           ,
           
             That
             a
             man
             may
             not
             marry
             another
             woman
             ,
             so
             soone
             as
             his
             wife
             falls
             into
             a
             swound
             .
          
           But
           you
           must
           againe
           be
           reminded
           that
           the
           nature
           of
           Marriage
           and
           of
           Government
           differ
           extreamly
           there
           ,
           where
           you
           suppose
           them
           most
           to
           agree
           .
           For
           Marriage
           is
           not
           alwaies
           necessary
           to
           every
           particular
           man
           .
           But
           the
           publique
           body
           of
           a
           people
           cannot
           be
           without
           Government
           one
           day
           ,
           no
           more
           then
           a
           man
           can
           be
           without
           a
           Head
           ,
           because
           a
           smalltime
           serves
           to
           the
           ruine
           of
           a
           man
           .
           Secondly
           ,
           to
           take
           this
           or
           that
           woman
           to
           wife
           ,
           is
           a
           thing
           of
           free
           choice
           ;
           but
           it
           is
           not
           so
           alwaies
           with
           the
           People
           in
           relation
           to
           Kings
           ,
           who
           have
           many
           of
           them
           committed
           great
           Rapes
           upon
           them
           ,
           as
           I
           beleeve
           this
           Gentleman
           will
           acknowledge
           .
        
         
           
           
             A
             Woman
             may
             not
             marry
             another
             Husband
             ,
             whilst
             her
             first
             is
             in
             Captivity
             ,
             and
             willing
             to
             come
             to
             her
             if
             he
             might
             .
          
        
         
           
           These
           cases
           of
           Marriage
           still
           makes
           a
           very
           bad
           paralell
           with
           our
           present
           case
           .
           For
           first
           ,
           we
           have
           been
           taught
           by
           all
           parties
           in
           this
           Warre
           ,
           that
           a
           King
           of
           England
           is
           not
           as
           a
           Husband
           to
           the
           People
           of
           England
           .
           For
           a
           Husband
           is
           he
           who
           alone
           makes
           and
           abrogates
           the
           Laws
           of
           his
           owne
           Family
           ,
           as
           a
           right
           of
           his
           propriety
           ,
           which
           a
           King
           of
           England
           could
           not
           doe
           alone
           in
           this
           state
           .
           Secondly
           ,
           where
           was
           this
           Prince
           ever
           Crowned
           by
           which
           this
           Author
           meanes
           solemnly
           married
           to
           this
           state
           ?
           where
           was
           the
           
             benedictio
             sacra
             ,
          
           the
           anointing
           or
           the
           Oath
           of
           Contract
           taken
           by
           him
           ?
           I
           am
           sure
           the
           Covenant
           hath
           made
           no
           provision
           for
           him
           .
        
         
         
           To
           this
           purpose
           is
           that
           Argument
           in
           the
           grand
           case
           of
           Conscience
           ,
           
           
             [
             viz.
             ]
             The
             Apostle
             commands
             Wives
             to
             submit
             to
             their
             Husbands
             ,
             surely
          
           quà
           
             Husbands
             ,
             not
          
           quà
           
             men
             But
             sheuld
             a
             stranger
             come
             to
             anothers
             Wife
             and
             ca●l
             himselfe
             Husband
             (
             having
             before
             either
             imprisoned
             or
             slaine
             the
             right
             full
             Husband
             )
             and
             require
             submission
             ,
             surely
             though
             shee
             might
             hee
             forced
             ,
             yet
             it
             were
             a
             sinne
             to
             submit
             to
             him
             thus
             as
             a
             husband
             .
          
        
         
           I
           answer
           ,
           
           to
           submit
           in
           Adultery
           is
           a
           plaine
           sinne
           ;
           but
           for
           a
           Woman
           to
           submit
           in
           lawfull
           things
           to
           the
           power
           of
           a
           stranger
           is
           no
           sinne
           ,
           though
           he
           please
           to
           call
           himselfe
           her
           Husband
           ,
           or
           exercise
           the
           Government
           of
           the
           Family
           .
           There
           is
           the
           same
           mistake
           of
           Husband
           here
           ,
           as
           in
           the
           former
           ,
           so
           that
           the
           Argument
           built
           thereupon
           ,
           of
           it selfe
           fals
           to
           the
           ground
           .
           But
           if
           by
           this
           he
           meanes
           that
           in
           matter
           of
           supreame
           Command
           ,
           we
           of
           the
           People
           may
           not
           obey
           any
           but
           the
           Husband
           or
           the
           King
           ,
           
           why
           then
           did
           the
           Presbyterian
           party
           for
           so
           many
           years
           oppose
           ,
           and
           not
           totally
           submit
           to
           their
           now
           supposed
           Husband
           ?
           Why
           did
           they
           Commissionate
           so
           many
           thousand
           Men
           ,
           who
           by
           accidents
           of
           Warre
           had
           the
           power
           ,
           though
           not
           the
           chance
           to
           kill
           him
           ?
           Nay
           in
           the
           Parliaments
           case
           it
           was
           alwaies
           conjoyntly
           argued
           by
           them
           ,
           that
           it
           was
           he
           the
           Husband
           ,
           that
           would
           have
           killed
           them
           the
           supposed
           Wife
           ,
           for
           which
           reason
           the
           Kirke
           of
           Scotland
           long
           ago
           sent
           him
           a
           bill
           of
           Divorce
           ,
           unlesse
           he
           satisfied
           for
           the
           blood
           of
           three
           Kingdoms
           .
           Which
           of
           the
           two
           parties
           it
           was
           that
           at
           last
           killed
           him
           ,
           belongs
           not
           much
           to
           the
           satisfaction
           of
           us
           the
           people
           ,
           though
           here
           questioned
           because
           those
           parties
           as
           tot
           hat
           act
           differ'd
           no
           more
           (
           if
           he
           will
           further
           argue
           it
           )
           then
           
             dim
             n●tio
          
           and
           
             obtruncatio
             capitis
          
           doe
           ,
           for
           they
           who
           after
           a
           long
           Warre
           ,
           and
           by
           long
           imprisonment
           dispoyl'd
           him
           of
           that
           regall
           power
           (
           here
           so
           much
           argued
           for
           )
           did
           according
           to
           the
           terme
           of
           the
           civill
           Law
           ,
           
             diminuere
             caput
             Regis
             ,
          
           and
           they
           who
           in
           consequence
           of
           his
           civill
           Death
           ,
           tooke
           away
           his
           naturall
           life
           ,
           did
           
             obtrune
             are
             Caput
             Regis
             .
          
           If
           he
           had
           been
           kill'd
           in
           an
           action
           of
           Warre
           before
           ,
           should
           the
           Souldier
           ,
           
           or
           he
           who
           gave
           the
           Souldier
           commission
           have
           answered
           for
           his
           life
           ?
           As
           for
           the
           submission
           of
           a
           Wife
           to
           a
           stranger
           as
           to
           her
           Husband
           ,
           which
           is
           indeed
           a
           sin
           ,
           I
           earnestly
           pray
           the
           Author
           seriously
           to
           consider
           ,
           whether
           he
           can
           excuse
           us
           and
           all
           our
           forefathers
           from
           sin
           ,
           ever
           since
           this
           Kingdome
           long
           agoe
           fell
           under
           the
           power
           of
           an
           usurping
           king
           ,
           if
           this
           his
           way
           of
           arguing
           be
           true
           ?
        
         
           
             As
             for
             the
             second
             Demurrer
             ,
             I
             consider
             he
             hath
             given
             account
             to
             another
             very
             worthy
             Pen
             ,
             which
             hath
             left
             little
             for
             my
             gleaning
             in
             such
             a
             field
             ;
             however
             I
             shall
             see
             what
             hath
             escaped
             his
             hand
             ,
             that
             the
             world
             may
             witnesse
             at
             last
             ,
             that
             truth
             hath
             lovers
             ,
             as
             well
             as
             errour
             and
             passion
             have
             Cham
             ions
             .
          
        
         
           This
           Author
           and
           the
           grand
           case
           of
           Conscience
           begin
           with
           St.
           
             Paul
             Ro.
          
           13.
           
           
           
             That
             wee
          
           must
           
             submit
             to
             higher
             powers
             ,
             not
             that
             wee
          
           may
           
             lawfully
             submit
             ,
             and
             that
             not
             for
             wrath
             onely
             ,
             but
             for
             Conscience
             sake
             ,
             which
             is
             of
             things
          
           necessary
           ,
           
             not
             of
             things
          
           lawfull
           :
           
             Wherefore
             (
             say
             they
             )
             it
             is
             ill
             said
             that
             we
             may
             lawfully
             submit
             in
             lawfull
             things
             ,
             obedience
             as
             a
             matter
             of
             Conscience
             being
             a
             thing
             necessary
             .
          
        
         
           
           I
           grant
           it
           either
           in
           lawfull
           or
           necessary
           things
           ,
           when
           obedience
           is
           required
           from
           those
           who
           actually
           have
           the
           whole
           Sepremacy
           of
           power
           in
           themselves
           .
           If
           I
           hold
           this
           lawfull
           ,
           and
           he
           hold
           it
           necessary
           ,
           we
           are
           not
           contrary
           ;
           He
           onely
           makes
           what
           I
           allow
           more
           allowable
           .
           But
           the
           reason
           wherefore
           the
           
             Apostle
          
           requires
           obedience
           to
           such
           ,
           Not
           onely
           for
           wrath
           (
           which
           is
           onely
           in
           regard
           of
           the
           power
           which
           they
           who
           are
           supreàme
           have
           to
           destroy
           us
           )
           but
           for
           Conscience
           sake
           is
           ,
           
           least
           by
           our
           resisting
           them
           we
           unnecessarily
           disturbe
           and
           draw
           calamity
           on
           others
           ,
           and
           likewise
           in
           regard
           of
           their
           Authority
           from
           God
           ,
           
             Tyrants
             even
             in
             title
          
           not
           arriving
           to
           the
           great
           Dominions
           of
           the
           Earth
           ,
           without
           Gods
           secret
           order
           ,
           God
           having
           clearly
           stated
           the
           Government
           of
           the
           world
           for
           ever
           in
           himselfe
           as
           his
           cheife
           Prerogative
           ,
           he
           not
           being
           known
           or
           feared
           any
           way
           so
           much
           as
           by
           Dominio
           n
           ,
           
           which
           made
           St.
           
             Augus
             .
          
           in
           
             C.
             Dei
             .
          
           rightly
           say
           ,
           
             Potestates
             omnes
             sunt
             a
             Deo
             ,
             non
             omnes
             voluntates
             ,
          
           so
           that
           the
           reason
           wherefore
           God
           permits
           sometimes
           such
           Princes
           to
           attaine
           to
           these
           powers
           ,
           is
           the
           same
           wherefore
           he
           permits
           Devils
           in
           his
           Government
           of
           the
           world
           ,
           a
           
             Nimrod
             ,
          
           or
           a
           
             Pharaoh
             ,
          
           a
           
             Caesar
             ,
          
           or
           a
           
             Herod
             ,
          
           an
           
             Antichrist
          
           or
           a
           
             Turke
             ,
          
           who
           as
           bad
           ,
           and
           as
           usurping
           as
           they
           are
           ,
           and
           seeme
           to
           us
           in
           exercising
           so
           severe
           ,
           though
           so
           secret
           a
           part
           of
           Gods
           Justice
           ,
           yet
           fulfill
           severall
           prophecies
           ,
           which
           shewes
           they
           come
           not
           to
           what
           they
           are
           ,
           meerely
           by
           humane
           contrivance
           by
           chance
           or
           accident
           .
        
         
           
             The
             grand
             case
             of
             Conscience
             .
          
           P.
           3.
           
             distinguisheth
             betwixt
             Authority
             or
             Power
             ,
             and
             Rulers
             deputed
             to
             the
             exercise
             of
             that
             Authority
             .
             The
             first
             is
             by
             Gods
             positive
             Ordinance
             ,
             the
             other
             bu●
             by
             his
             permission
             .
          
        
         
           Here
           he
           grants
           enough
           as
           to
           our
           case
           ,
           
           which
           is
           of
           obedience
           ,
           for
           if
           he
           can
           assure
           me
           that
           it
           is
           consonant
           to
           Gods
           permissive
           will
           that
           such
           persons
           be
           my
           Magistrates
           ,
           I
           am
           well
           satisfied
           then
           ,
           that
           Gods
           will
           is
           ,
           I
           must
           be
           their
           Subject
           ,
           Gods
           free
           admission
           of
           one
           being
           the
           necessary
           exclusion
           of
           all
           the
           rest
           ,
           so
           that
           subjection
           is
           not
           a
           thing
           now
           of
           my
           choice
           ,
           but
           of
           my
           necessity
           .
        
         
           
             But
             the
             Demurrer
             ,
          
           P.
           3
           .
           
             would
             know
             what
             difference
             there
             is
             in
             popular
             obedience
             to
             lawfull
             powers
             ,
             
             and
             unlawfull
             powers
             ,
             if
             obedience
             be
             necessary
             to
             both
             .
          
        
         
           I
           answer
           ,
           
           If
           the
           powers
           here
           supposed
           by
           him
           agree
           equally
           in
           their
           supremacy
           ,
           and
           absolutenesse
           ,
           and
           differ
           onely
           as
           one
           is
           got
           lawfully
           ,
           the
           other
           unlawfully
           ,
           then
           the
           difference
           of
           our
           obedience
           to
           either
           ,
           is
           onely
           in
           the
           difference
           of
           things
           commanded
           ,
           as
           they
           are
           either
           lawfull
           or
           unlawfull
           ;
           neither
           can
           the
           Author
           (
           now
           arguing
           so
           much
           for
           a
           lawfull
           power
           )
           conscienciously
           tell
           us
           ,
           that
           the
           lawfulnesse
           of
           the
           civill
           power
           commanding
           can
           make
           our
           obedience
           necessary
           to
           an
           unlawfull
           thing
           commanded
           ;
           but
           rather
           that
           it
           makes
           that
           power
           then
           become
           to
           us
           in
           some
           manner
           unlawfull
           ,
           and
           worse
           to
           us
           of
           the
           People
           ,
           then
           if
           we
           were
           under
           
           the
           absolute
           command
           of
           an
           unlawfull
           power
           which
           exacts
           nothing
           but
           lawfull
           things
           .
           The
           knot
           of
           this
           point
           lies
           here
           ,
           
             Whither
             a
             civill
             circumstance
          
           (
           such
           as
           is
           the
           Magistrate
           either
           lawfull
           or
           unlawfull
           )
           
             can
             vitiate
             an
             Act
             of
             morall
             duty
             ?
          
           I
           believe
           his
           distinction
           P.
           2
           .
           of
           a
           
             Government
             constituted
             or
             constituting
             ,
          
           
           serves
           nothing
           for
           the
           discovery
           of
           a
           supreame
           lawfull
           power
           in
           it selfe
           .
           For
           I
           hold
           that
           whatever
           was
           once
           a
           sin
           may
           alwaies
           be
           called
           a
           sin
           ,
           though
           with
           rooting
           or
           without
           rooting
           .
           Not
           but
           that
           God
           and
           we
           may
           make
           good
           use
           of
           other
           mens
           bad
           actions
           if
           they
           be
           such
           ,
           for
           which
           reason
           poore
           beggers
           may
           in
           their
           extremities
           receive
           necessary
           Almes
           from
           those
           who
           came
           to
           their
           estates
           by
           wrong
           and
           oppression
           ;
           the
           receipt
           whereof
           they
           do
           not
           justify
           the
           Title
           of
           such
           Estates
           ,
           much
           lesse
           doe
           wee
           justifie
           the
           unlawfull
           Title
           of
           a
           supreame
           Magistrate
           ,
           
           from
           whose
           care
           we
           receive
           necessary
           protection
           .
           I
           say
           
             much
             lesse
             ,
          
           because
           cases
           of
           Estates
           are
           
             juris
             privati
          
           and
           have
           Courts
           to
           judge
           of
           them
           ,
           but
           the
           other
           is
           so
           much
           
             juris
             publici
             ,
          
           that
           there
           is
           no
           mortall
           Court
           to
           judge
           of
           it
           ,
           for
           which
           reason
           how
           will
           these
           Authors
           (
           what
           Governours
           soever
           they
           desire
           )
           evidently
           prove
           that
           they
           originally
           had
           lawfull
           Titles
           ,
           or
           that
           they
           at
           first
           did
           not
           forcibly
           take
           the
           people
           to
           themselves
           ,
           but
           that
           the
           people
           voluntarily
           resigned
           themselves
           to
           them
           which
           was
           not
           in
           
             Nimrods
          
           Case
           .
           
           From
           whence
           this
           may
           be
           inferd
           to
           the
           satisfaction
           of
           the
           grand
           case
           of
           Conscience
           ,
           p.
           3.
           
           That
           ,
           if
           he
           had
           that
           desired
           Governour
           ,
           yet
           according
           to
           himselfe
           he
           would
           not
           owne
           him
           long
           ,
           because
           he
           were
           not
           sure
           to
           have
           in
           him
           a
           supreame
           power
           ,
           such
           as
           the
           Apostle
           ,
           
             Ro.
          
           13.
           in
           his
           sence
           understands
           necessary
           for
           the
           Kingdome
           of
           England
           .
           But
           in
           our
           sence
           of
           plenary
           possession
           ,
           which
           was
           the
           case
           of
           the
           Apostles
           time
           ,
           we
           can
           easily
           see
           first
           ,
           how
           our
           present
           power
           is
           the
           higher
           (
           the
           whole
           Kingdome
           now
           receiving
           all
           law
           protection
           and
           subordinate
           Magistracy
           ,
           from
           them
           )
           and
           how
           they
           may
           be
           in
           lawfull
           things
           obeyed
           according
           to
           the
           
           same
           Apostle
           ;
           and
           to
           the
           duty
           of
           our
           Creation
           and
           being
           in
           this
           world
           .
        
         
           
             The
             case
             of
             conscience
          
           p.
           3.
           
             acknowledgeth
             that
             a
             Government
             may
             be
             altered
             ;
             
             but
             it
             must
             be
             done
             still
             by
             the
             higher
             powers
             ,
             whom
             we
             ought
             equally
             to
             obey
             in
             submitting
             to
             an
             altered
             ,
             as
             to
             a
             continued
             for
             me
             ▪
             But
             it
             is
             a
             sinne
             if
             a
             party
             forcibly
             lay
             the
             higher
             powers
             low
             ,
             and
             exact
             obedience
             as
             to
             the
             legall
             authority
             .
          
        
         
           I
           thought
           that
           he
           who
           in
           his
           sence
           understood
           the
           Covenant
           
             in
             terminis
          
           Eternall
           ,
           
           would
           not
           have
           allowed
           a
           change
           of
           Government
           here
           ;
           no
           more
           then
           he
           might
           allow
           the
           Scots
           (
           though
           upon
           never
           so
           much
           reason
           to
           themselves
           )
           to
           change
           their
           Doctrine
           or
           discipline
           ;
           because
           we
           swore
           during
           all
           our
           lives
           ,
           to
           preserve
           that
           which
           was
           established
           among
           them
           ,
           at
           the
           time
           of
           our
           swearing
           .
           But
           I
           now
           see
           we
           may
           well
           distinguish
           betwixt
           the
           Covenant
           it selfe
           ,
           and
           some
           Covenanters
           ,
           the
           Covenant
           being
           as
           open
           for
           one
           change
           ,
           as
           for
           the
           other
           .
        
         
           Secondly
           ,
           
           If
           a
           Government
           though
           never
           so
           reasonably
           reformed
           or
           altered
           ,
           be
           never
           in
           any
           lawfull
           things
           to
           be
           obeyed
           ,
           (
           termes
           which
           he
           did
           ill
           to
           leave
           out
           of
           his
           Argument
           )
           unlesse
           by
           the
           concurrence
           of
           all
           the
           higher
           powers
           ;
           then
           farewell
           all
           the
           old
           consequences
           of
           
             Solis
             populi
             suprema
             lex
             ,
          
           and
           the
           Presbyterians
           form●
           .
           Armes
           are
           unjustifiable
           .
           How
           corrupt
           and
           Tyrannicall
           are
           most
           of
           the
           Governments
           of
           the
           world
           ,
           and
           yet
           how
           many
           of
           those
           supreame
           powers
           hath
           he
           observed
           to
           reforme
           themselves
           ?
           or
           diminish
           any
           thing
           in
           themselves
           ,
           to
           alter
           for
           the
           better
           ?
           although
           the
           taking
           away
           of
           something
           in
           a
           Government
           ,
           may
           be
           as
           necessary
           ,
           as
           continuing
           any
           old
           or
           new
           thing
           in
           it
           .
           Certainly
           these
           Authors
           have
           read
           but
           few
           of
           
             Ionases
             ,
          
           who
           voluntarily
           renounce
           themselves
           to
           settle
           a
           Tempest
           .
        
         
           Thirdly
           ,
           
           Our
           Alteration
           was
           made
           by
           the
           present
           supreame
           power
           of
           the
           people
           :
           and
           the
           reason
           wherefore
           both
           Houses
           laid
           the
           exercise
           of
           Regall
           power
           aside
           for
           
           some
           yeares
           ,
           made
           the
           Commons
           as
           they
           have
           agrued
           it
           ,
           lay
           it
           aside
           for
           altogether
           .
           
             viz.
             Salus
             populi
             suprema
             lex
          
           ;
           The
           laying
           of
           it
           aside
           for
           some
           yeares
           is
           argument
           enough
           to
           us
           of
           the
           people
           ;
           that
           it
           might
           be
           laid
           aside
           for
           more
           yeares
           ,
           and
           that
           one
           King
           might
           be
           laid
           aside
           as
           well
           as
           another
           .
           For
           to
           us
           it
           seemes
           effectually
           all
           one
           ,
           
             Non
             esse
             &
             non
             operari
             ,
          
           for
           a
           thing
           not
           to
           be
           at
           all
           ,
           and
           in
           this
           world
           to
           doe
           nothing
           at
           all
           .
           If
           they
           sinned
           who
           did
           this
           ,
           is
           that
           any
           thing
           to
           any
           but
           themselves
           ?
           It
           is
           an
           Axiome
           of
           good
           Law
           
             Noxa
             sequitur
             caput
             .
          
           Thus
           whilst
           his
           Argument
           should
           have
           been
           against
           our
           lawfull
           obedience
           ,
           it
           is
           against
           their
           exacting
           it
           ,
           as
           to
           the
           legall
           authority
           ,
           which
           yet
           is
           grosly
           false
           ;
           for
           they
           exact
           it
           not
           as
           to
           the
           old
           legall
           authority
           ,
           but
           as
           to
           the
           present
           supreame
           power
           of
           the
           people
           ,
           
             Non
             nomine
             Regis
             ,
             sed
             nominepopuli
             :
          
           And
           yet
           in
           one
           good
           sence
           it
           may
           be
           still
           called
           the
           same
           legall
           Authority
           ,
           because
           we
           have
           still
           under
           it
           the
           same
           lawes
           for
           our
           properties
           as
           before
           ,
           and
           continued
           in
           life
           by
           them
           ,
           as
           our
           lives
           themselves
           are
           .
        
         
           
           
             Case
             of
          
           Cons.
           p.
           3.
           
             it
             is
             objected
             that
             this
             principle
             of
             obeying
             those
             onely
             who
             are
             in
             plenary
             possession
             of
             all
             supreame
             power
             ,
             is
             fit
             onely
             to
             destroy
             States
             :
             for
             then
             should
             none
             Governe
             any
             longer
             then
             their
             swords
             and
             strengths
             could
             beare
             them
             up
             .
          
        
         
           
           I
           conceive
           (
           according
           to
           what
           is
           already
           proved
           )
           that
           nothing
           can
           befound
           ,
           either
           more
           consonant
           to
           Christian
           charity
           ,
           or
           to
           the
           preservation
           of
           States
           ,
           then
           this
           our
           principle
           of
           obedience
           ;
           besides
           he
           knowes
           no
           Kingdome
           in
           the
           world
           ,
           
           where
           people
           doe
           not
           obey
           upon
           this
           same
           plenary
           possession
           ;
           Allegiance
           alwayes
           relating
           to
           protection
           .
           And
           if
           according
           to
           his
           consequence
           ,
           
           we
           should
           suspend
           all
           obedience
           till
           we
           have
           infallibly
           found
           out
           that
           Per●on
           who
           derives
           a
           knowne
           and
           an
           undubitable
           right
           from
           him
           who
           was
           the
           first
           in
           compact
           (
           because
           according
           to
           these
           Authors
           intermediate
           intrusions
           ,
           are
           violations
           of
           rights
           ,
           and
           may
           not
           be
           obeyed
           even
           in
           things
           lawfull
           )
           then
           I
           pray
           you
           of
           what
           can
           we
           resolve
           lesse
           ,
           then
           certainly
           to
           extirpate
           one
           another
           ?
           which
           
           will
           come
           to
           passe
           ere
           we
           finde
           what
           we
           search
           for
           in
           such
           a
           blind
           scuffle
           ;
           and
           for
           feare
           of
           doing
           a
           lawfull
           thing
           under
           the
           inspection
           of
           one
           ,
           who
           is
           suppos'd
           to
           have
           done
           another
           thing
           unlawfully
           ,
           must
           we
           resolve
           of
           doing
           all
           unlawfull
           things
           by
           warre
           our selves
           ,
           and
           desert
           unnecessarily
           ,
           the
           cares
           of
           Wife
           and
           Children
           ,
           of
           Church
           and
           Neighbour
           ?
           For
           non-obedience
           in
           a
           State
           is
           but
           a
           
             Chimaera
             ,
          
           neutrality
           ,
           a
           State
           without
           relation
           ;
           there
           is
           no
           subsistence
           for
           it
           in
           any
           State
           ,
           and
           unlesse
           you
           will
           allow
           me
           to
           concurre
           with
           others
           ,
           and
           under
           others
           in
           lawfull
           things
           ,
           I
           must
           leave
           the
           world
           ;
           my
           subsistence
           being
           onely
           in
           a
           conjunction
           with
           others
           here
           in
           this
           jurisdiction
           .
        
         
           
             The
             two
             Demurrers
          
           p.
           3.
           &
           p.
           7.
           
           
           
             Except
             against
             this
             our
             present
             obedience
             ,
             beeause
             the
             present
             powers
             is
             yet
             new
             :
             neither
             is
             there
             a
             totall
             cessation
             of
             all
             hopes
             of
             recovery
             .
          
        
         
           Philosophers
           hold
           that
           the
           Definition
           of
           a
           man
           belongs
           to
           an
           infant
           ,
           
           as
           well
           as
           to
           one
           of
           many
           yeares
           .
           Because
           after
           the
           Organization
           of
           the
           parts
           ,
           
           he
           is
           informed
           with
           the
           same
           principle
           of
           life
           and
           reason
           ,
           as
           a
           growne
           man
           is
           ;
           and
           having
           the
           same
           forme
           ,
           is
           the
           same
           thing
           .
           Even
           so
           the
           present
           power
           hath
           possest
           all
           the
           parts
           of
           this
           Kingdome
           gives
           them
           life
           in
           the
           administration
           of
           publique
           justice
           and
           protection
           ,
           which
           are
           the
           soule
           of
           a
           State
           ,
           and
           the
           power
           which
           preceded
           this
           ,
           what
           did
           it
           infuse
           more
           vitall
           then
           this
           ?
           And
           now
           that
           that
           is
           taken
           away
           ,
           if
           this
           other
           did
           not
           presently
           enter
           into
           its
           place
           ;
           the
           Common-wealth
           were
           dead
           ,
           and
           each
           man
           were
           left
           in
           his
           naturals
           ,
           to
           subsist
           of
           himselfe
           ,
           and
           to
           cast
           how
           hee
           could
           in
           such
           a
           state
           of
           warre
           ,
           defend
           himselfe
           from
           all
           the
           rest
           of
           the
           world
           ,
           every
           man
           in
           this
           State
           having
           an
           equall
           right
           to
           every
           thing
           .
        
         
           Wherefore
           let
           every
           man
           ,
           especially
           ,
           they
           who
           would
           informe
           consciences
           ,
           take
           heed
           of
           affecting
           popular
           revenge
           ,
           vvhich
           must
           also
           reach
           themselves
           at
           last
           :
           for
           vvhen
           they
           have
           once
           frighted
           people
           from
           lawfull
           actions
           ,
           vvhat
           can
           they
           th●n
           commit
           but
           the
           un'avvfull
           ?
           
           Into
           what
           an
           unhappy
           transport
           are
           we
           fallen
           ,
           that
           such
           a
           principle
           should
           be
           derived
           from
           our
           Church
           ,
           the
           very
           Papists
           being
           ever
           ready
           to
           obey
           in
           things
           lawfull
           ,
           though
           the
           State
           seemed
           to
           them
           unlawfull
           .
           These
           will
           judge
           better
           of
           the
           State
           now
           then
           of
           the
           Church
           ,
           the
           one
           inviting
           and
           incouraging
           us
           to
           lawfull
           things
           ,
           the
           other
           deterring
           us
           from
           them
           .
           But
           to
           return
           to
           the
           Argument
           ;
           I
           have
           already
           shewed
           ,
           that
           new
           or
           old
           powers
           ,
           never
           can
           signifie
           good
           or
           bad
           powers
           .
           The
           uncertaine
           hopes
           of
           recovering
           in
           the
           future
           ,
           proves
           that
           the
           thing
           is
           certainly
           lost
           for
           the
           present
           ,
           and
           it
           is
           our
           obedience
           at
           this
           time
           which
           this
           Q●estion
           relates
           to
           However
           the
           King
           of
           Portugals
           acquisition
           ,
           or
           Usurpation
           was
           presently
           acknowledged
           by
           our
           King
           and
           others
           ,
           although
           the
           King
           of
           Spaine
           then
           had
           and
           still
           hath
           great
           hopes
           of
           recovering
           it
           ,
           he
           being
           alwaies
           
             Hannibal
             ad
             portas
             ,
          
           and
           never
           removing
           out
           of
           his
           own
           Dominion
           into
           another
           Forreigne
           Magistracy
           .
        
         
           
           
             The
             first
             Demurrer
          
           p.
           7.
           
             conc●ives
             our
             present
             condition
             like
             that
             of
          
           Israel
           ,
           
             betwixt
          
           David
           
             and
          
           Absalom
           ,
           
             at
             which
             time
             (
             quoth
             he
             )
             the
             people
             had
             grievously
             sinned
             ,
             had
             they
             rendrd
             obedience
             to
          
           Absaloms
           
             commands
             and
             substitutes
             ,
             so
             long
             as
          
           David
           
             was
             living
             .
          
           
        
         
           
           This
           is
           very
           true
           ,
           but
           farre
           from
           the
           purpose
           .
           For
           
             Absalom
          
           was
           not
           a
           fundamentall
           legislative
           party
           in
           the
           state
           of
           
             Israel
             ,
          
           as
           the
           House
           of
           Commons
           lately
           was
           ,
           and
           so
           could
           not
           pretend
           such
           a
           right
           of
           Warre
           .
           Secondly
           
             David
          
           had
           his
           Army
           hard
           by
           in
           the
           same
           Kingdome
           with
           
             Absalom
             .
          
           We
           have
           none
           here
           but
           the
           Parliaments
           ,
           all
           the
           Kings
           forces
           and
           adherents
           being
           dissipated
           .
           Thirdly
           the
           
             Israelites
          
           scruples
           are
           supposed
           during
           the
           time
           of
           Warre
           in
           
             Israel
             ,
          
           our
           after
           the
           War
           is
           ended
           .
           But
           if
           he
           mean
           by
           this
           fallacious
           paralell
           ,
           that
           the
           
             Israelites
          
           ought
           not
           to
           have
           opposed
           David
           at
           all
           in
           the
           way
           of
           Warre
           ,
           then
           how
           will
           he
           salue
           the
           scruples
           of
           his
           own
           breast
           ,
           who
           promoted
           the
           course
           of
           War
           as
           well
           as
           others
           against
           the
           King
           ?
        
         
           The
           Author
           of
           the
           grand
           case
           of
           Conscience
           is
           very
           ingenuous
           
           in
           his
           contest
           with
           his
           adversary
           to
           forme
           a
           Syllogisme
           with
           foure
           terms
           ,
           and
           their
           be
           able
           to
           finde
           them
           out
           ,
           and
           to
           answer
           the
           fallacy
           :
           so
           that
           whilst
           he
           wrastles
           thus
           stoutly
           with
           himself
           ,
           he
           can
           have
           but
           a
           faire
           fall
           in
           his
           own
           shaddow
           ,
           to
           prevent
           which
           I
           shall
           take
           the
           pains
           to
           part
           them
           both
           .
           His
           Syllogisme
           (
           as
           he
           imputes
           it
           to
           his
           Adversary
           )
           is
           p.
           4.5
           .
        
         
           
             If
             the
             people
             of
             the
             Roman
             Empire
             did
             submit
             to
             the
             power
             of
          
           Claudius
           
             and
          
           Nero
           ,
           
             who
             by
             force
             were
             put
             upon
             them
             ,
             then
             the
             people
             of
             England
             may
             lawfully
             submit
             to
             a
             change
             of
             Government
             though
             beleeved
             unlawfull
             .
          
        
         
           
             But
             they
             did
             submit
             .
             Ergo
             those
             of
             England
             may
             .
          
        
         
           Here
           he
           excepts
           against
           the
           equality
           of
           inference
           made
           betwixt
           those
           whose
           persons
           were
           without
           due
           Title
           forc't
           upon
           people
           ,
           but
           still
           
             in
             the
             same
          
           Government
           ;
           and
           those
           persons
           who
           without
           right
           of
           Title
           force
           themselves
           upon
           ,
           us
           now
           
             in
             another
             Government
             ,
          
        
         
           But
           what
           if
           the
           Syllogisme
           be
           indeed
           and
           vertually
           onely
           this
           ?
        
         
           
             If
             the
             people
             of
             the
             Roman
             Empire
             were
             required
             by
             the
             Apostle
             to
             continue
             obedience
             to
          
           Claudius
           
             and
          
           Nero
           ,
           
             then
             the
             people
             of
             England
             may
             lawfully
             continue
             obedience
             to
             their
             present
             Governours
             .
          
        
         
           
             But
             those
             might
             ,
             Ergo
             these
             may
             .
          
        
         
           His
           distinction
           of
           persons
           intruding
           wrongfully
           into
           the
           same
           Government
           ,
           
           and
           into
           a
           different
           Government
           according
           to
           his
           former
           position
           satisfies
           not
           conscience
           in
           either
           ,
           because
           both
           are
           supposed
           unlawfull
           and
           differ
           only
           
             secundum
             m●jus
             &
             minus
             quae
             non
             var●ant
             speciem
          
           so
           that
           if
           obedience
           were
           not
           a
           sin
           in
           one
           ,
           it
           is
           not
           a
           sin
           in
           the
           other
           .
           If
           he
           say
           ,
           obedience
           to
           intruders
           into
           the
           same
           Government
           is
           not
           a
           sin
           ,
           then
           he
           hath
           dispatcht
           all
           controversie
           concerning
           the
           exclusion
           of
           the
           Kings
           Line
           ,
           and
           that
           the
           Parliamens
           fault
           as
           to
           him
           was
           that
           they
           rather
           changed
           the
           Government
           then
           the
           Governours
           ,
           which
           he
           acknowledgeth
           more
           plainly
           P.
           5.
           where
           speaking
           concerning
           the
           persons
           comming
           to
           power
           ,
           he
           saith
           it
           is
           not
           
           materiall
           who
           puts
           them
           in
           ,
           nor
           what
           men
           are
           put
           into
           powers
           ordained
           by
           God
           .
           
           But
           to
           come
           nearer
           to
           the
           point
           ,
           he
           cannot
           say
           that
           of
           the
           usurping
           Caesars
           ,
           which
           may
           be
           said
           of
           the
           Parliament
           .
           For
           these
           are
           the
           representers
           of
           the
           people
           of
           England
           ,
           and
           were
           lawfully
           a
           third
           part
           of
           the
           supreame
           power
           before
           the
           change
           of
           Government
           .
           Caesar
           had
           no
           part
           of
           supreame
           right
           ,
           but
           what
           he
           rather
           usurped
           then
           acquired
           by
           any
           dicision
           of
           right
           ,
           or
           fundamentall
           legislative
           controversie
           betwixt
           the
           Senate
           and
           him
           .
           To
           say
           as
           the
           Demurrer
           ,
           p.
           4.
           
           That
           Caesar
           had
           gotten
           the
           consent
           of
           the
           Senate
           ,
           and
           added
           compact
           to
           his
           conquest
           ,
           is
           absurd
           ,
           unlesse
           he
           meanes
           he
           had
           gotten
           the
           Senate
           so
           into
           his
           power
           ,
           that
           he
           had
           them
           in
           a
           condition
           of
           Quarter
           ;
           
           in
           which
           case
           as
           the
           Law
           saith
           
             principum
             rogamina
             sunt
             mandata
             ,
          
           without
           doubt
           if
           the
           peoples
           submission
           to
           Caesar
           were
           lawfull
           upon
           his
           changing
           a
           Republique
           into
           a
           monarchy
           ,
           after
           the
           Senate
           had
           for
           bad
           the
           approach
           of
           his
           Army
           ,
           and
           that
           he
           had
           expelled
           many
           members
           from
           the
           Senate
           ,
           why
           may
           not
           a
           lawfuller
           obedience
           be
           given
           to
           those
           of
           a
           Senate
           it self
           ,
           who
           have
           changed
           Monarchy
           into
           a
           Republique
           ?
           These
           two
           changes
           are
           so
           farre
           alike
           ,
           that
           they
           frustrate
           this
           Authors
           distinction
           of
           persons
           intruding
           unlawfully
           into
           the
           same
           ,
           and
           into
           a
           different
           Government
           .
        
         
           
           
             He
             followes
             his
             objection
             still
             ,
          
           p.
           5.
           
             arguing
             that
             though
             people
             did
          
           de
           facto
           ,
           
             obey
             such
             false
             possessors
             ,
             and
             Vsurpers
             ,
             yet
             that
             proves
             not
             the
             lawfulnesse
             of
             our
             obedience
             ,
          
           nam
           a
           facto
           ad
           jus
           non
           valet
           consequentia
           ;
           
             their
             submission
             should
             have
             been
             proued
             legall
             .
          
        
         
           
           If
           he
           hath
           a
           quarrell
           to
           us
           for
           our
           peaceablenesse
           ,
           yet
           why
           should
           he
           quarrell
           with
           
             St.
          
           Paul
           ?
        
         
           He
           bad
           the
           Romans
           submit
           in
           the
           same
           kinde
           ;
           and
           unlesse
           we
           had
           Prophets
           on
           purpose
           to
           tell
           Governours
           ,
           as
           well
           as
           us
           of
           the
           People
           ,
           who
           must
           alwaies
           succeed
           according
           to
           the
           minde
           of
           God
           ,
           then
           the
           state
           of
           the
           world
           ,
           the
           nature
           of
           politick
           justic●
           of
           society
           and
           Religion
           is
           such
           that
           we
           may
           &
           ought
           to
           submit
           in
           obedience
           to
           those
           who
           plenarily
           possesse
           ,
           protect
           and
           command
           us
           lawfull
           
           things
           .
           Surely
           he
           did
           not
           consider
           his
           Axiome
           well
           ,
           For
           
             a
             facto
             ad
             jus
             valet
             consequentia
             ,
          
           from
           fact
           wee
           inferre
           many
           civill
           rights
           ,
           as
           custome
           and
           prescription
           ,
           &c.
           
        
         
           
             Neither
             is
             it
             necessary
             to
             prove
             their
             submission
             legall
             ,
             is
             it
             be
             prov'd
             absolutely
             necessary
             and
             equitable
             .
          
        
         
           And
           yet
           we
           conceive
           another
           case
           (
           besides
           that
           before
           mentioned
           )
           wherein
           this
           submission
           to
           a
           new
           power
           may
           be
           call'd
           legall
           .
           
           For
           the
           end
           of
           all
           law
           and
           Government
           is
           to
           preserve
           our
           persons
           and
           estates
           ;
           and
           they
           who
           are
           in
           supremacy
           of
           power
           ,
           have
           power
           to
           preserve
           or
           destroy
           both
           if
           they
           please
           ;
           and
           therefore
           have
           as
           great
           a
           power
           over
           our
           lawes
           ,
           which
           are
           lesse
           ,
           then
           our
           lives
           .
           So
           soone
           as
           one
           supreame
           power
           is
           expelled
           by
           another
           ,
           law
           ,
           life
           ,
           and
           estate
           fall
           all
           into
           the
           hands
           of
           the
           succeeding
           power
           ;
           and
           what
           it
           doth
           not
           actually
           take
           away
           ,
           stands
           in
           effect
           as
           deriving
           from
           it
           ;
           and
           if
           that
           supreame
           power
           make
           a
           sanction
           for
           our
           obedience
           to
           it
           (
           as
           alwaies
           is
           immediately
           done
           )
           then
           we
           may
           say
           
             our
             submission
             is
             legall
             ,
          
           or
           else
           the
           supreame
           power
           cannot
           make
           a
           law
           .
        
         
           To
           that
           argument
           where
           we
           assert
           ,
           that
           the
           Authority
           which
           excluds
           all
           other
           Authorities
           must
           be
           obey'd
           ,
           or
           else
           all
           authority
           falls
           to
           the
           ground
           ;
           
             The
             grand
             case
             of
             Cons.
          
           answers
           obliquely
           still
           ,
           
             That
             notwithstaning
             ,
             such
             authority
             can
             never
             illegally
             get
             the
             legall
             p●wer
             ;
             nor
             can
             it
             exclude
             others
             from
             their
             authority
             .
          
           In
           which
           answer
           he
           plainely
           contradicts
           himself
           ,
           p.
           7.
           
           For
           Caesars
           power
           was
           (
           according
           to
           himselfe
           )
           legall
           ,
           and
           yet
           got
           by
           a
           Circumstance
           very
           illegall
           ;
           the
           Senate
           being
           empty
           ,
           and
           intimidated
           ,
           and
           not
           so
           much
           in
           their
           own
           ,
           as
           in
           his
           power
           .
        
         
           This
           argument
           is
           so
           farre
           from
           concerning
           us
           ,
           
           that
           it
           is
           directed
           onely
           against
           those
           Princes
           who
           
             ab
             origin
             ,
          
           drive
           from
           illegall
           acquisitions
           .
           Of
           which
           he
           will
           doe
           well
           to
           speake
           largelyer
           ,
           when
           he
           can
           assure
           my
           conscience
           by
           infallible
           evidence
           of
           right
           ,
           that
           I
           may
           safely
           sweare
           or
           destroy
           men
           upon
           it
           ,
           that
           there
           was
           ever
           such
           
           a
           man
           in
           England
           as
           
             William
          
           the
           Conquerour
           ,
           or
           any
           other
           ancient
           King
           ,
           from
           whom
           Titles
           are
           said
           to
           be
           derived
           ,
           either
           legally
           or
           illegally
           :
           This
           is
           a
           proposition
           ,
           which
           I
           beleeve
           he
           in
           the
           midst
           of
           his
           peremptorines
           was
           not
           aware
           off
           ,
           no
           more
           then
           I
           now
           doubt
           in
           whose
           hands
           the
           present
           possession
           of
           the
           Kingdom
           ;
           is
           for
           which
           reason
           they
           assert
           their
           Authority
           ,
           and
           it
           is
           his
           part
           to
           shew
           how
           infallibly
           it
           appeares
           to
           be
           anothers
           by
           indubitable
           right
           
             ab
             origine
             .
          
           But
           because
           it
           is
           argued
           that
           in
           the
           disquisition
           of
           a
           right
           Title
           ,
           none
           are
           so
           blind
           as
           the
           people
           (
           who
           among
           other
           burthens
           have
           the
           imposition
           of
           other
           mens
           judgements
           cast
           upon
           them
           )
           therefore
           an
           usurped
           Title
           to
           them
           is
           true
           enough
           to
           exact
           obedience
           .
        
         
           
           Hence
           the
           grand
           case
           of
           
             Cons.
          
           answers
           ,
           p.
           10.
           
           
             That
             then
             by
             the
             rule
             of
             contraries
             it
             followes
             ,
             That
             when
             titles
             are
             visibly
             unlawfull
             ,
             people
             are
             disengaged
             from
             obedience
             to
             them
             .
          
        
         
           To
           this
           I
           reply
           ,
           that
           this
           answer
           is
           nothing
           but
           a
           meere
           repetition
           of
           the
           question
           ,
           
           and
           hath
           no
           medium
           of
           proofe
           annexed
           to
           it
           ;
           the
           very
           question
           being
           this
           conclusion
           ,
           
             viz.
          
           Whether
           obedience
           be
           lawfull
           to
           Titles
           visibly
           unlawfull
           ?
        
         
           Secondly
           ,
           It
           hath
           been
           shown
           ,
           that
           non-obedience
           and
           subsistence
           in
           a
           state
           are
           incompatible
           ;
           every
           man
           in
           a
           state
           stands
           in
           a
           Relation
           ,
           and
           must
           either
           command
           or
           obey
           ;
           and
           owes
           something
           to
           him
           ,
           by
           whose
           care
           he●
           sleepes
           quietly
           in
           his
           Bed
           .
        
         
           Thirdly
           ,
           If
           by
           disengagement
           from
           obeying
           a
           lawfull
           Title
           ,
           he
           meanes
           that
           we
           may
           choose
           whither
           we
           will
           obey
           or
           no
           ,
           then
           though
           disengag'd
           ,
           wee
           ma●
           obey
           .
        
         
           These
           answers
           helpe
           us
           halfe
           way
           over
           the
           next
           dificulty
           .
        
         
           
           
             We
             may
             not
             any
             way
             affirme
             the
             right
             of
             the
             Vsurper
             ,
             or
             deny
             interpretatively
             the
             just
             title
             of
             the
             Heire
             ,
             without
             the
             guilt
             of
             treachery
             ,
             lying
             and
             falsenesse
             ,
             if
             not
             of
             vow-breaking
             ,
             In
             suffering
             a
             Theife
             to
             take
             my
             purse
             ,
             I
             cannot
             helpe
             it
             ;
             If
             I
             must
             
             part
             with
             that
             or
             my
             life
             ,
             I
             chuse
             to
             loose
             my
             Purse
             ;
             not
             for
             feare
             least
             I
             breake
             the
             fifth
             or
             eight
             Commandement
             ,
             but
             least
             I
             breake
             the
             sixt
             ,
             in
             being
             guilty
             of
             selfe
             murther
             ;
             yet
             rather
             then
             say
             he
             hath
             authority
             to
             take
             it
             ,
             I
             must
             loose
             my
             life
             .
             In
             point
             of
             protection
             among
             theeves
             ,
             I
             may
             desire
             some
             to
             preserve
             mee
             from
             others
             ,
             yet
             may
             I
             not
             say
             their
             robbery
             is
             just
             ,
             or
             joyne
             or
             ply
             with
             them
             in
             robbing
             others
             .
          
        
         
           To
           say
           no
           more
           of
           the
           certaine
           evidence
           ,
           
           and
           of
           the
           indubitablenesse
           of
           ancient
           originall
           Titles
           (
           which
           is
           here
           the
           maine
           of
           the
           Argument
           )
           I
           answer
           that
           simple
           obedience
           to
           an
           establisht
           Vsurper
           ,
           doth
           not
           alwaies
           interpretatively
           affirme
           his
           right
           ,
           or
           deny
           anothers
           ,
           but
           affirmes
           rather
           the
           irresistibility
           of
           the
           possessors
           present
           power
           .
           God
           is
           the
           supream
           magistrate
           of
           al
           the
           world
           ,
           and
           by
           reason
           of
           his
           Omnipotent
           presence
           every where
           ,
           we
           cannot
           exclude
           him
           from
           the
           cognizance
           of
           ,
           or
           right
           to
           any
           of
           our
           Actions
           ;
           but
           our
           earthly
           Magistrates
           may
           fall
           into
           such
           circumstances
           ,
           that
           they
           may
           have
           neither
           personall
           or
           virtuall
           presence
           with
           us
           ,
           and
           therefore
           may
           be
           said
           to
           be
           civilly
           dead
           ,
           according
           to
           the
           former
           Axiome
           ,
           
             Idem
             est
             non
             esse
             &
             non
             operari
             ,
          
           to
           doe
           nothing
           and
           be
           nothing
           is
           to
           us
           the
           same
           thing
           ,
           motion
           being
           the
           chiefe
           evidence
           of
           life
           .
        
         
           In
           his
           case
           of
           the
           Thiefe
           ,
           I
           desire
           any
           man
           to
           consider
           whether
           (
           as
           he
           hath
           put
           it
           )
           he
           hath
           not
           clearely
           broken
           one
           Commandement
           ,
           besides
           those
           which
           he
           hath
           named
           ,
           
             viz.
          
           the
           third
           ,
           because
           it
           is
           an
           untruth
           to
           say
           the
           Parliament
           requires
           not
           obedience
           from
           any
           of
           us
           ,
           unlesse
           we
           all
           acknowledge
           the
           lawfulnesse
           of
           their
           authority
           ,
           which
           is
           the
           second
           false
           supposition
           here
           .
        
         
           When
           Officers
           gather
           Taxes
           for
           the
           State
           ,
           they
           have
           no
           commission
           to
           demand
           our
           Declarations
           of
           the
           States
           authority
           first
           ,
           but
           onely
           to
           receive
           the
           money
           Taxed
           ,
           which
           this
           Author
           knowes
           is
           a
           truth
           knowne
           to
           every
           one
           .
           
           As
           for
           the
           peoples
           conjoyning
           and
           complying
           with
           the
           State
           to
           Robbe
           another
           ,
           by
           obeying
           to
           the
           prejudice
           of
           another
           ;
           he
           must
           meane
           it
           in
           a
           Robbery
           either
           of
           
           power
           ,
           or
           of
           Riches
           .
           For
           power
           ,
           the
           people
           aime
           not
           at
           it
           ,
           their
           condition
           alwaies
           is
           
             l●rge
          
           who
           ever
           sits
           at
           top
           .
           And
           for
           getting
           by
           the
           warre
           ,
           I
           hope
           the
           Presbyterian
           party
           which
           had
           the
           authorizing
           of
           Taxes
           ,
           as
           well
           as
           others
           ,
           knowes
           as
           well
           as
           the
           people
           themselves
           ,
           that
           this
           is
           a
           grosse
           prevarication
           .
           Last
           of
           all
           there
           is
           difference
           betwixt
           willing
           compliance
           ,
           and
           necessary
           subjectiion
           ,
           which
           is
           the
           peoples
           case
           .
        
         
           
           
             He
             objects
             againe
          
           p.
           6.
           
           
             If
             obedience
             be
             necessary
             then
             a
             title
             once
             wrong'd
             can
             never
             be
             lawfully
             righted
             ,
             it
             will
             be
             sinne
             to
             helpe
             the
             weaker
             party
             ,
             or
             to
             rescue
             our selves
             from
             perpetuall
             slavery
             .
          
        
         
           
           Here
           he
           is
           started
           suddainly
           into
           two
           other
           questions
           .
           First
           ,
           how
           a
           Title
           may
           be
           recovered
           ?
           and
           secondly
           ,
           How
           we
           of
           the
           people
           may
           rescue
           our selves
           from
           the
           slavery
           of
           any
           Titles
           ?
           These
           two
           relate
           to
           the
           future
           ,
           which
           is
           of
           Gods
           secret
           disposing
           ;
           our
           question
           is
           of
           the
           present
           only
           .
        
         
           
           But
           I
           pray
           you
           what
           doe
           people
           get
           when
           warres
           for
           recoveries
           of
           dubious
           rights
           are
           long
           and
           calamitous
           ?
           What
           are
           the
           people
           of
           
             France
          
           or
           the
           people
           of
           
             Spaine
          
           better
           for
           the
           long
           and
           hereditary
           anger
           of
           their
           two
           Kings
           ?
           Or
           what
           was
           the
           world
           better
           for
           
             Alexanders
          
           Conquering
           it
           ?
           The
           Houses
           which
           are
           burnt
           ,
           and
           the
           millions
           of
           bodies
           left
           dead
           in
           the
           field
           ,
           are
           the
           peoples
           ;
           and
           Princes
           scorning
           to
           derive
           from
           them
           ,
           still
           trample
           them
           to
           dung
           .
           We
           talke
           of
           some
           Titles
           wronged
           ,
           as
           if
           their
           rights
           were
           so
           certaine
           ,
           and
           so
           necessary
           to
           live
           under
           ,
           as
           God
           almighties
           is
           ,
           who
           yet
           disposes
           of
           the
           changes
           which
           are
           made
           here
           among
           his
           chiefe
           Officers
           ,
           and
           not
           we
           ;
           Who
           is
           it
           then
           that
           can
           right
           wronged
           Titles
           ,
           but
           he
           alone
           who
           makes
           all
           Titles
           right
           ?
        
         
           
             To
             that
             case
             where
             it
             is
             argued
             ,
             that
             if
             the
             Masters
             mate
             had
             throwne
             him
             over-board
             ,
             and
             by
             power
             would
             suffer
             no
             other
             to
             guide
             the
             Ship
             but
             himselfe
             ,
          
           
           
             if
             the
             mariners
             will
             not
             obey
             him
             commanding
             aright
             for
             the
             safe
             guiding
             of
             the
             Ship
             ,
             the
             Ship
             must
             needs
             perish
             and
             themselves
             with
             it
          
           ;
           It
           is
           answered
           by
           the
           Grand
           Case
           of
           Cons.
           p.
           9
           
             That
             the
             case
             should
             not
             have
             
             been
             of
             a
             Mate
             as
             a
             partner
             (
             which
             is
             false
             )
             but
             of
             a
             party
             of
             the
             Seamen
             ,
             who
             coming
             to
             shore
             should
             bring
             the
             other
             obeying
             party
             to
             punishment
             ,
             especially
             for
             acknowledging
             the
             Vsurping
             Stearesmans
             right
             ,
             which
             is
             still
             falsely
             suppos'd
             in
             our
             case
             .
          
        
         
           Here
           I
           desire
           this
           Casuist
           to
           pull
           off
           his
           maske
           and
           speake
           plainly
           ,
           
           whether
           he
           doth
           not
           plead
           for
           his
           owne
           punishment
           ,
           as
           one
           who
           at
           the
           beginning
           of
           our
           warre
           principally
           incouraged
           us
           not
           to
           be
           guided
           by
           the
           then
           pretending
           Stearesman
           ,
           whom
           they
           of
           his
           party
           said
           aside
           ,
           and
           stear'd
           a
           while
           themselves
           ;
           the
           Scots
           declaring
           that
           he
           was
           not
           fit
           to
           touch
           the
           helme
           againe
           ,
           till
           hee
           had
           satisfied
           ,
           &c.
           
        
         
           Besides
           ,
           this
           is
           true
           ,
           that
           they
           then
           required
           obedience
           from
           compounding
           Royalists
           ,
           although
           to
           them
           they
           seemed
           an
           unlawfull
           power
           and
           Magistracy
           ,
           as
           to
           the
           dispencing
           of
           publique
           and
           private
           justice
           .
        
         
           Secondly
           ,
           the
           reason
           wherefore
           these
           marriners
           might
           not
           acknowledge
           him
           the
           right
           master
           ,
           (
           as
           he
           hath
           varied
           the
           case
           )
           is
           rather
           because
           this
           is
           in
           an
           inferiour
           thing
           
             de
             jure
             privato
             ,
          
           Master
           and
           Marriners
           being
           accountants
           to
           the
           Merchants
           who
           have
           a
           Court
           of
           Justice
           to
           judge
           the
           fact
           ;
           but
           what
           Court
           is
           there
           in
           this
           world
           to
           call
           that
           power
           ,
           which
           here
           is
           the
           supreamest
           to
           any
           account
           ?
        
         
           Thirdly
           ,
           he
           supposes
           the
           usurper
           and
           the
           complyers
           to
           be
           brought
           to
           account
           by
           the
           others
           ,
           
             but
             not
             till
             they
             come
             to
             shore
          
           ;
           whereas
           in
           our
           case
           we
           can
           do
           nothing
           but
           in
           the
           ship
           ,
           that
           is
           in
           the
           common-wealth
           ,
           when
           we
           leave
           that
           ,
           we
           go
           into
           another
           world
           ,
           our
           true
           
             patria
          
           where
           indeed
           we
           doe
           not
           call
           one
           another
           ,
           but
           are
           all
           called
           together
           to
           an
           account
           by
           our
           supreame
           Magistrate
           ,
           whose
           sentence
           we
           would
           faine
           prejudge
           here
           by
           a
           confusion
           of
           the
           ship
           
             in
             via
             .
          
        
         
           
             The
             grand
             case
             of
             Conscience
             ,
             p.
          
           9.
           
           
             Adviseth
             that
             seeing
             we
             are
             so
             unsetled
             ,
          
           
           
             we
             should
             use
             meanes
             for
             a
             settlement
             ,
             though
             by
             its
             procurement
             wee
             were
             more
             unsetled
             :
             If
             a
             man
             be
             at
             the
             rivers
             brinke
             he
             would
             advise
             him
             to
             keepe
             out
             of
             the
             water
             ,
             but
             
             if
             at
             once
             he
             leap
             into
             the
             middle
             of
             the
             river
             ,
             he
             would
             perswade
             him
             to
             come
             to
             the
             bank
             ,
             although
             he
             wade
             through
             much
             water
             to
             come
             thither
             .
          
        
         
           
           I
           see
           according
           to
           this
           horrid
           tenent
           ,
           that
           if
           God
           (
           as
           the
           Scotch
           phrase
           hath
           it
           )
           comes
           not
           to
           the
           whole
           length
           of
           our
           desire
           ,
           
           then
           there
           must
           be
           no
           peace
           betwixt
           man
           and
           man
           in
           this
           world
           .
           Mr.
           
             Ste.
             Marshall
          
           preacht
           lately
           ,
           that
           God
           was
           to
           be
           thankt
           for
           some
           thing
           ,
           that
           Church
           doores
           were
           yet
           open
           to
           those
           who
           had
           a
           zeale
           ,
           and
           a
           will
           to
           congregate
           ,
           that
           they
           were
           not
           under
           their
           enemies
           swords
           ,
           nor
           compounding
           with
           them
           ;
           Hee
           saw
           how
           they
           might
           be
           worse
           if
           God
           should
           through
           their
           peevishnesse
           let
           them
           see
           forraigne
           armies
           at
           their
           doores
           ,
           who
           have
           both
           faces
           tongues
           ,
           religions
           &
           affections
           different
           from
           ours
           ;
           and
           wil
           not
           care
           for
           firing
           our
           houses
           and
           Churches
           ,
           or
           for
           giving
           us
           lawes
           againe
           in
           an
           unknown
           tongue
           ,
           and
           perhaps
           Religion
           too
           .
           Can
           he
           think
           the
           Notion
           of
           our
           Church
           government
           would
           be
           a
           charme
           to
           such
           swords
           and
           consciences
           ?
           Or
           rather
           can
           he
           assure
           us
           of
           his
           prophecy
           here
           ,
           that
           if
           we
           begin
           new
           troubles
           ,
           we
           shall
           certainly
           have
           victory
           ?
           For
           his
           argument
           supposes
           it
           must
           needs
           end
           so
           ,
           and
           that
           by
           his
           perswasion
           
             we
             shall
             wade
             to
             the
             bank
             .
          
           If
           we
           were
           indeed
           in
           the
           midst
           of
           the
           water
           (
           that
           is
           in
           the
           midst
           of
           warre
           and
           confusion
           )
           then
           being
           engaged
           for
           life
           ,
           we
           might
           endeavour
           to
           wade
           through
           ,
           though
           the
           streame
           were
           running
           deepe
           with
           our
           own
           and
           Childrens
           innocent
           bloods
           ,
           for
           after
           all
           Metaphors
           ,
           that
           is
           the
           element
           which
           he
           means
           .
           Thus
           in
           no
           diseases
           but
           those
           which
           are
           supposeddeadly
           ,
           may
           we
           use
           desperate
           remedies
           ,
           such
           as
           may
           endanger
           the
           destruction
           of
           the
           whole
           body
           ;
           
           But
           may
           a
           man
           indanger
           his
           whole
           body
           ,
           when
           it
           is
           not
           for
           the
           cure
           of
           himselfe
           but
           of
           another
           ,
           and
           by
           the
           killing
           also
           of
           others
           besides
           himselfe
           ,
           wife
           and
           children
           ?
           I
           will
           not
           name
           what
           sort
           of
           subtilty
           this
           Gentleman
           hath
           used
           in
           this
           Argument
           ,
           nor
           def●ne
           with
           what
           conscience
           here
           he
           seekes
           to
           satisfie
           anothers
           ;
           For
           ,
           lest
           we
           of
           the
           People
           
           should
           bogle
           at
           comming
           on
           the
           Stage
           to
           Act
           our
           late
           Tragedy
           over
           againe
           ,
           hee
           would
           impose
           it
           on
           our
           beleifes
           ,
           that
           we
           are
           still
           in
           the
           middle
           act
           of
           it
           and
           that
           we
           ought
           to
           finish
           it
           .
           It
           is
           high
           time
           for
           him
           to
           consider
           whither
           if
           we
           run
           along
           with
           him
           in
           this
           we
           should
           not
           shut
           up
           compassion
           from
           our
           Brethren
           ,
           
           and
           shut
           out
           a
           great
           part
           of
           our
           gratitude
           towards
           God
           ;
           although
           I
           confesse
           some
           scars
           and
           haltings
           may
           remaine
           yet
           ,
           after
           the
           warre
           it selfe
           is
           ended
           .
           Methinks
           he
           should
           finde
           every
           thing
           both
           in
           Nature
           and
           Christianity
           more
           favourable
           for
           our
           present
           Peace
           ,
           then
           for
           our
           third
           Warre
           ,
           especially
           seeing
           all
           our
           former
           warres
           have
           ended
           very
           contrary
           to
           the
           expectation
           of
           those
           who
           were
           hottest
           to
           begin
           them
           .
           But
           I
           consider
           that
           passion
           is
           the
           last
           hold
           out
           of
           which
           we
           are
           beaten
           ,
           of
           which
           the
           fuller
           men
           are
           ,
           the
           lesse
           do
           they
           (
           through
           a
           great
           judgement
           on
           their
           spirits
           )
           perceive
           into
           what
           deformities
           they
           doe
           transport
           them
           ,
           it
           being
           the
           nature
           of
           all
           intoxications
           that
           their
           defects
           are
           better
           perceivd
           by
           any
           ,
           then
           by
           those
           who
           are
           opprest
           by
           them
           .
        
      
       
       
         
           THE
           Second
           Part
           ,
           THAT
           This
           obedience
           to
           the
           present
           Government
           ,
           is
           not
           contrary
           to
           ,
           but
           consistent
           with
           our
           Solemn
           League
           and
           Covenant
           .
        
         
           BY
           these
           steps
           we
           are
           come
           at
           last
           
             ad
             sacras
             columnas
             ,
          
           to
           those
           sacred
           Pillars
           on
           which
           the
           holy
           Covenant
           hangs
           almost
           in
           every
           Church
           ,
           as
           a
           
             sanctum
             aeternitati
          
           a
           law
           sacred
           to
           eternity
           .
           The
           hands
           which
           hung
           it
           there
           ,
           have
           not
           (
           they
           say
           )
           power
           to
           take
           it
           downe
           againe
           .
           Who
           therefore
           may
           undertake
           to
           tell
           these
           persons
           ,
           that
           they
           actually
           are
           or
           else
           may
           be
           freed
           from
           it
           ,
           seeing
           they
           finde
           themselves
           obliged
           if
           they
           can
           ,
           to
           tie
           all
           the
           world
           with
           them
           in
           the
           same
           sort
           of
           knot
           ?
        
         
           Here
           is
           certainly
           a
           zeal●
           worthy
           to
           be
           ●ixt
           on
           that
           ,
           
           which
           should
           obliege
           alwayes
           ;
           and
           the
           world
           must
           confesse
           that
           there
           hath
           been
           no
           publique
           oath
           taken
           by
           any
           person
           anywhere
           ;
           who
           have
           been
           more
           scrupulously
           attent
           not
           to
           double
           with
           their
           God
           in
           relation
           to
           his
           part
           in
           contract
           .
           But
           yet
           let
           not
           these
           consciences
           be
           scandalized
           if
           I
           say
           it
           was
           compild
           by
           none
           but
           mortall
           men
           ,
           taken
           onely
           by
           such
           ,
           and
           as
           a
           promissory
           oath
           cannot
           possibly
           be
           free
           from
           those
           exceptions
           ,
           and
           accidents
           wherewith
           time
           changes
           the
           constitution
           of
           all
           those
           things
           ,
           which
           it
           doth
           not
           absolutely
           destroy
           ,
           wherfore
           upon
           a
           sober
           review
           of
           al
           I
           doubt
           not
           ,
           but
           as
           many
           Oaths
           and
           Leagues
           are
           transient
           ,
           
           so
           to
           shew
           that
           this
           according
           to
           its
           nature
           ,
           and
           as
           it
           is
           originally
           a
           League
           or
           Covenant
           ,
           that
           is
           ,
           as
           it
           is
           a
           formall
           compact
           ,
           relating
           to
           the
           publique
           and
           united
           corporation
           of
           severall
           Nations
           and
           Magistracies
           (
           by
           which
           each
           people
           were
           united
           together
           ,
           and
           without
           which
           neither
           people
           were
           respectively
           to
           act
           any
           thing
           separately
           within
           and
           against
           themselves
           )
           I
           say
           I
           doubt
           not
           but
           to
           shew
           that
           such
           a
           Covenant
           ,
           uppon
           what
           hath
           interven'd
           is
           expir'd
           to
           us
           the
           People
           of
           England
           ,
           and
           that
           without
           any
           default
           of
           ours
           ;
           And
           though
           our
           Magistrate
           would
           give
           it
           a
           new
           life
           and
           obligation
           ;
           yet
           to
           many
           principall
           things
           it
           can
           obliege
           no
           longer
           ;
           and
           for
           the
           next
           we
           are
           to
           consider
           that
           though
           something
           of
           our
           first
           end
           in
           reformation
           streame
           through
           the
           Covenant
           ;
           yet
           its
           spring
           head
           rises
           higher
           then
           it
           ;
           which
           end
           we
           are
           in
           all
           formes
           to
           pursue
           still
           ,
           &
           are
           now
           left
           ty'd
           to
           so
           much
           of
           the
           Covenant
           onely
           as
           we
           were
           oblieged
           to
           for
           all
           our
           dayes
           withall
           our
           mights
           and
           soules
           ,
           before
           we
           took
           it
           at
           all
           .
           Lastly
           ,
           if
           it
           were
           granted
           ,
           that
           the
           Covenant
           is
           not
           expired
           ,
           yet
           I
           shall
           here
           shew
           ,
           that
           our
           submission
           to
           this
           present
           government
           is
           no
           way
           inconsistent
           with
           it
           .
        
         
           In
           which
           few
           words
           ,
           though
           I
           have
           stated
           the
           maine
           of
           its
           difficulties
           ,
           yet
           ere
           I
           apply
           my selfe
           to
           answer
           objections
           ,
           I
           shall
           briefly
           premise
           what
           I
           have
           observed
           others
           have
           omitted
           ,
           it
           being
           hard
           to
           finde
           how
           we
           may
           be
           unti'd
           
           
           
           from
           a
           thing
           ,
           till
           we
           have
           found
           how
           the
           knot
           at
           first
           was
           made
           .
        
         
           
           Whatsoever
           we
           can
           say
           ,
           affirme
           or
           deny
           ,
           is
           either
           assertory
           or
           promissory
           The
           first
           relates
           to
           the
           time
           past
           or
           present
           (
           
             is
             if
             I
             affirme
          
           Titius
           
             to
             be
             ,
             or
             have
             been
             at
          
           Rome
           )
           and
           therefore
           upon
           the
           very
           saying
           or
           swearing
           ,
           the
           whole
           truth
           and
           obligation
           is
           fulfilled
           ,
           and
           past
           with
           the
           time
           which
           accompanied
           it
           .
           
           The
           other
           relates
           to
           the
           time
           present
           ,
           as
           it
           is
           then
           sincerely
           said
           or
           sworne
           ;
           and
           to
           the
           future
           for
           the
           sincere
           fulfilling
           them
           ,
           which
           yet
           is
           dubious
           ,
           conditionall
           ,
           and
           not
           in
           our
           powers
           ;
           
             As
             when
          
           Titius
           
             promiseth
          
           Sempronius
           100.l
           .
           
             when
             his
             ship
             returnes
             .
          
        
         
           
           
             For
             this
             reason
             some
             say
             all
             promissory
             Oathes
             ase
             absoutely
             unlawfull
             ,
             because
             Oathes
             must
             be
             true
             and
             certaine
             ;
             but
             all
             future
             effects
             of
             things
             are
             uncertaine
             .
          
        
         
           
           I
           answer
           ,
           that
           for
           so
           much
           as
           concerns
           the
           forme
           of
           my
           Oath
           here
           ,
           it
           is
           true
           and
           certaine
           ,
           that
           
             my
             minde
             and
             words
          
           went
           truly
           together
           in
           the
           act
           of
           swearing
           ,
           and
           that
           I
           will
           make
           
             my
             deed
             and
             words
          
           goe
           truly
           together
           ,
           when
           the
           suppos'd
           condition
           betwixt
           us
           (
           and
           which
           ,
           as
           we
           mutually
           consent
           to
           ,
           is
           in
           neither
           of
           our
           powers
           at
           present
           )
           shall
           absolutely
           come
           to
           passe
           .
           This
           was
           the
           case
           of
           
             Abrams
          
           servant
           ,
           when
           he
           swore
           to
           take
           a
           wife
           for
           
             Isaac
          
           ;
           a
           future
           (
           in
           severall
           circumstances
           )
           very
           uncertaine
           ,
           
           both
           in
           respect
           of
           what
           might
           happen
           to
           the
           servant
           ,
           to
           
             Isaac
          
           and
           to
           the
           Virgin
           we
           know
           what
           hapne'd
           to
           
             Iob's
          
           Children
           and
           Family
           through
           the
           accident
           of
           warre
           ,
           and
           the
           malice
           of
           the
           Devill
           ;
           and
           how
           
             Ioseph
          
           was
           shuffled
           away
           by
           his
           owne
           friends
           and
           kindred
           .
        
         
           It
           is
           not
           enough
           to
           say
           ,
           such
           suppos'd
           tacite
           conditions
           cannot
           be
           in
           Oathes
           ;
           
           For
           first
           ,
           If
           such
           conditions
           be
           in
           promises
           ,
           and
           that
           I
           may
           lawfully
           make
           a
           promise
           to
           another
           ,
           then
           I
           may
           lawfully
           sweare
           a
           promissory
           Oath
           to
           him
           ,
           which
           we
           see
           cannot
           be
           separated
           from
           such
           conditions
           as
           are
           not
           ,
           cannot
           ,
           and
           need
           not
           be
           exprest
           betwixt
           us
           at
           the
           beginning
           .
           For
           (
           to
           take
           away
           the
           supposition
           of
           fraud
           betwixt
           us
           )
           we
           both
           agree
           in
           this
           that
           
           we
           cannot
           foresee
           with
           what
           circumstances
           our
           futures
           may
           be
           perplext
           .
           Therefore
           it
           is
           sufficient
           that
           we
           swore
           
             things
             not
             necessary
             ,
             but
             possible
          
           ;
           such
           as
           might
           happen
           or
           not
           happen
           ,
           because
           depending
           on
           things
           which
           depend
           not
           totally
           on
           us
           ,
           nor
           on
           our
           will
           ,
           but
           rather
           mixtly
           on
           the
           wills
           of
           others
           ,
           and
           on
           that
           which
           to
           us
           is
           change
           or
           fortune
           ,
           For
           which
           reason
           he
           is
           not
           forsworne
           ,
           who
           effects
           not
           alwaies
           what
           he
           by
           Oath
           promiseth
           ,
           no
           more
           then
           he
           sinnes
           ,
           who
           alwaies
           effects
           not
           his
           simple
           promise
           .
        
         
           
             Secondly
             ,
          
           This
           tacite
           condition
           in
           a
           promissory
           Oath
           ,
           and
           in
           things
           
             naturally
             and
             morally
             possible
             ,
          
           is
           proved
           by
           the
           very
           nature
           and
           definition
           of
           the
           Oath
           .
           
             For
             it
             is
             onely
             an
             attestation
             ,
             and
             imprecation
             of
             God
             in
             such
             manner
             ,
             that
             if
             the
             promiser
             faile
             ,
             he
             would
             have
             him
             to
             whom
             he
             promist
             ,
             understand
             ,
             that
             be
             puts
             himselfe
             under
             Gods
             severe
             wrath
             .
          
        
         
           From
           hence
           it
           is
           to
           be
           noted
           ,
           
           that
           the
           bare
           promise
           obliged
           as
           strictly
           before
           he
           swore
           ,
           as
           after
           he
           swore
           ;
           and
           of
           the
           reason
           is
           ,
           because
           he
           was
           obliged
           by
           nothing
           ,
           but
           by
           that
           which
           was
           in
           Pact
           .
           The
           investing
           it
           with
           an
           Oath
           ,
           or
           with
           Gods
           punishment
           ,
           relates
           onely
           to
           the
           
             Penalty
          
           :
           so
           that
           a
           promissory
           Oath
           signifies
           no
           more
           ,
           then
           such
           a
           penalty
           upon
           such
           a
           promise
           :
           But
           a
           penalty
           (
           as
           we
           know
           )
           in
           law
           and
           equity
           relates
           onely
           to
           that
           which
           is
           unlawfull
           ,
           such
           as
           is
           the
           violation
           of
           a
           Pact
           .
        
         
           The
           addition
           of
           never
           so
           many
           penalties
           ,
           to
           a
           thing
           in
           it selfe
           unlawfull
           ,
           can
           never
           fasten
           any
           obligation
           on
           me
           to
           doe
           it
           ;
           Nor
           can
           severall
           Penalties
           to
           an
           obligation
           in
           it selfe
           lawfull
           ,
           adde
           anything
           to
           the
           first
           
             Ius
          
           or
           right
           of
           it
           ,
           but
           onely
           
             to
             my
             future
             feare
             ,
          
           least
           I
           doe
           injustice
           .
        
         
           The
           Capitall
           question
           therefore
           in
           these
           cases
           will
           be
           .
           What
           the
           nature
           of
           the
           things
           are
           to
           which
           we
           obliged
           our selves
           at
           first
           ?
           For
           according
           as
           they
           stand
           or
           fall
           ,
           our
           relations
           or
           obligations
           ,
           to
           them
           stand
           or
           fall
           whither
           we
           will
           or
           no
           .
        
         
           
             Thirdly
             ,
          
           We
           finde
           such
           tacite
           conditions
           ,
           conceal'd
           ,
           
           and
           suppos'd
           in
           the
           Oathes
           of
           
             Solomon
          
           to
           
             Bathsheb●●
          
           ;
           
           of
           
             David
             ,
          
           concerning
           
             Nabals
          
           house
           ;
           of
           God
           concerning
           the
           destruction
           of
           
             Ninevah
             ,
          
           and
           of
           
             Abrams
          
           servant
           concerning
           
             Isaacs
          
           wife
           ,
           &c.
           
        
         
           By
           a
           reflection
           on
           all
           this
           ,
           
             viz.
          
           That
           seeing
           there
           may
           be
           a
           promise
           ,
           and
           consequently
           a
           promissory
           Oath
           ;
           and
           that
           the
           nature
           and
           obligation
           of
           a
           promise
           ,
           and
           of
           such
           an
           Oath
           ,
           is
           one
           and
           the
           same
           ,
           we
           have
           gain'd
           a
           great
           point
           ,
           
             That
             the
             Covenant
             (
             which
             is
             a
             promissory
             Oath
             )
             is
             not
             in
             its
             owne
             nature
             of
             an
             eternall
             obligation
             ,
          
           but
           is
           involved
           in
           tacite
           conditions
           and
           accidents
           of
           the
           world
           ,
           which
           may
           justly
           incumber
           us
           from
           effecting
           it
           ,
           or
           from
           being
           further
           obliged
           to
           it
           ,
           as
           well
           as
           other
           promises
           may
           ,
           which
           yet
           are
           made
           
             bonâfide
          
           at
           the
           beginning
           .
           The
           difficulty
           onely
           is
           to
           see
           ,
           whither
           
             de
             facto
          
           that
           hath
           interven'd
           ,
           which
           hath
           now
           taken
           away
           the
           
             formall
             and
             originall
             obligation
             ,
          
           which
           we
           of
           the
           people
           had
           to
           it
           at
           first
           ,
           by
           authority
           of
           our
           Magistrate
           ;
           and
           so
           taken
           away
           ,
           as
           we
           may
           be
           secure
           and
           out
           of
           feare
           of
           the
           penalty
           ,
           which
           we
           then
           submitted
           to
           in
           it
           .
        
         
           I
           shall
           not
           here
           make
           use
           of
           what
           others
           have
           laboriously
           argued
           ;
           
           That
           the
           matter
           of
           the
           Covenant
           is
           such
           ,
           as
           we
           cannot
           be
           obliged
           to
           ,
           but
           let
           it
           be
           as
           good
           or
           as
           bad
           as
           men
           please
           to
           suppose
           ;
           
           I
           say
           in
           the
           first
           place
           ,
           that
           all
           the
           good
           or
           bad
           ,
           was
           form'd
           into
           a
           
             Politicall
             Oath
             ,
          
           authorized
           upon
           two
           Kingdomes
           ,
           by
           the
           sanction
           of
           two
           publique
           Magistracies
           ;
           who
           as
           collaterals
           obliged
           themselves
           to
           cooperate
           faithfully
           together
           ,
           and
           obliged
           those
           of
           their
           distinct
           Nations
           ,
           to
           cooperate
           respectively
           and
           subordinately
           with
           them
           ,
           for
           attaining
           a
           former
           end
           in
           such
           a
           way
           of
           Reformation
           ,
           as
           is
           therein
           exprest
           ;
           but
           by
           such
           meanes
           ,
           as
           they
           in
           their
           publique
           and
           respective
           capacities
           ,
           not
           we
           in
           our
           particulars
           should
           judge
           most
           consonate
           to
           equity
           and
           true
           to
           religion
           .
           For
           which
           reason
           we
           happily
           are
           pointed
           at
           there
           ,
           
           
             onely
             in
             our
             private
             places
             and
             callings
             .
          
        
         
           Here
           therefore
           there
           is
           a
           relation
           of
           severall
           things
           
           concurrent
           ,
           
             viz.
             Of
             two
             Magistracies
          
           united
           as
           a
           meanes
           for
           the
           easier
           reaching
           the
           end
           of
           those
           respective
           reformations
           ,
           which
           they
           were
           obliged
           to
           make
           before
           they
           entred
           in
           league
           ,
           and
           
             of
             two
             people
             ,
          
           who
           by
           the
           union
           of
           their
           respective
           Magistracies
           ,
           passe
           (
           for
           so
           much
           as
           is
           therein
           exprest
           )
           into
           an
           union
           one
           with
           another
           ,
           and
           are
           to
           have
           their
           private
           capacities
           and
           endeavours
           managed
           by
           them
           ,
           and
           never
           against
           them
           by
           any
           virtue
           of
           this
           league
           .
           Besides
           it
           is
           a
           considerable
           circumstance
           in
           the
           Magistrates
           managing
           the
           whole
           ,
           that
           states
           or
           civill
           constitutions
           by
           reason
           of
           the
           diseases
           of
           ambition
           and
           avarice
           ,
           are
           naturally
           as
           much
           subject
           to
           future
           changes
           ,
           as
           any
           other
           things
           are
           ;
           and
           without
           the
           supposition
           of
           tacite
           conditions
           ,
           we
           may
           as
           little
           sweare
           to
           preserve
           the
           State
           of
           a
           publique
           body
           ,
           as
           we
           may
           sweare
           to
           preserve
           the
           State
           of
           our
           own
           particular
           bodies
           ,
           or
           as
           a
           parent
           may
           to
           preserve
           his
           Childe
           ,
           which
           when
           it
           shall
           be
           taken
           away
           by
           diseases
           ,
           or
           by
           justice
           ,
           he
           may
           be
           sorry
           for
           the
           losse
           ,
           but
           may
           not
           justly
           complaine
           of
           it
           .
           And
           indeed
           so
           it
           is
           come
           to
           passe
           without
           any
           default
           in
           us
           of
           the
           english
           People
           ,
           or
           of
           our
           publique
           Magistrate
           (
           under
           whom
           we
           were
           to
           act
           in
           these
           private
           places
           and
           callings
           )
           that
           neither
           of
           us
           can
           be
           said
           to
           have
           laid
           the
           Covenant
           aside
           ,
           although
           we
           could
           not
           keepe
           it
           from
           expiring
           ;
           because
           the
           failing
           was
           in
           that
           which
           was
           never
           suppos'd
           to
           be
           in
           our
           powers
           
             viz.
          
           in
           many
           conditionall
           things
           which
           camecr
           osse
           ,
           and
           in
           the
           breach
           of
           fidelity
           in
           another
           collaterall
           and
           concurring
           power
           .
        
         
           
             If
             you
             please
             to
             object
             here
             as
             an
             aggravation
             ,
          
           
           
             and
             an
             incitement
             for
             us
             of
             the
             Covenanted
             people
             to
             rise
             kill
             and
             slay
             ,
             that
             the
             Covenant
             is
             buried
             not
             as
             a
             thing
             really
             expired
             and
             dead
             ,
             but
             that
             the
             people
             out
             of
             interest
             must
             be
             told
             so
             ,
             onely
             because
             the
             former
             Magistracy
             is
             really
             laid
             aside
             and
             changed
             ,
             which
             if
             people
             should
             throughly
             consider
             ,
             would
             quickly
             make
             them
             finde
             matter
             enough
             in
             the
             Covenant
             to
             take
             armes
             .
          
        
         
           I
           shall
           not
           in
           the
           way
           of
           answer
           to
           this
           repeate
           any
           thing
           concerning
           the
           cause
           ,
           
           the
           meanes
           ,
           and
           the
           concurrences
           
           to
           this
           our
           present
           change
           ;
           every
           Covenanter
           both
           of
           
             England
          
           and
           
             Scotland
             ,
          
           knowing
           well
           that
           there
           was
           no
           change
           of
           Government
           here
           ,
           
           till
           the
           Covenant
           was
           Nationally
           broke
           (
           and
           so
           many
           here
           were
           insnared
           ,
           both
           Royalists
           and
           Parliamentarians
           )
           by
           the
           Scots
           ,
           who
           thought
           to
           have
           us'd
           it
           for
           a
           change
           of
           Government
           ,
           and
           as
           a
           stratagem
           to
           give
           law
           in
           another
           judicatory
           :
           Neither
           shal
           I
           argue
           in
           this
           place
           ,
           how
           compatible
           any
           change
           may
           be
           with
           a
           Covenant
           so
           conditionall
           ,
           in
           which
           Kings
           as
           Parties
           are
           totally
           excluded
           from
           judging
           either
           for
           themselves
           or
           for
           others
           ,
           which
           point
           shall
           be
           further
           argued
           at
           last
           ;
           But
           I
           shall
           content
           my selfe
           to
           take
           what
           is
           here
           granted
           in
           the
           objection
           ,
           
             viz.
             That
             the
             Government
             is
             really
             changed
          
           ;
           The
           consequence
           then
           to
           us
           of
           the
           people
           will
           be
           ,
           that
           seeing
           by
           the
           fourth
           Article
           of
           the
           Covenant
           ,
           we
           may
           not
           without
           apparent
           breach
           of
           it
           ,
           act
           the
           sence
           of
           the
           Covenant
           ,
           but
           as
           we
           receive
           it
           from
           our
           respective
           and
           supream
           judicatory
           of
           
             England
          
           onely
           ,
           and
           that
           the
           said
           Government
           which
           it
           relates
           to
           ,
           is
           confest
           to
           be
           gone
           ,
           have
           you
           not
           then
           clearely
           confest
           that
           the
           obligation
           to
           act
           any
           thing
           publiquely
           by
           Covenant
           is
           likewise
           gone
           ?
           according
           to
           an
           old
           Axiome
           ,
           
             Sublato
             relat●
             tollitur
             correlatum
             .
          
        
         
           If
           this
           present
           Government
           which
           we
           are
           chang'd
           to
           ,
           
           and
           which
           now
           protects
           us
           ,
           should
           thinke
           fit
           by
           the
           way
           of
           Covenant
           to
           give
           a
           new
           life
           ,
           to
           that
           remaining
           part
           of
           it
           ,
           which
           may
           be
           observed
           ,
           yet
           you
           will
           not
           allow
           any
           obedience
           to
           them
           ,
           though
           in
           things
           never
           so
           lawfull
           ;
           Neither
           will
           that
           fourth
           Article
           allow
           me
           to
           obey
           any
           forreigner
           ,
           nor
           those
           without
           whose
           consent
           the
           Covenant
           was
           made
           ,
           and
           consequently
           without
           whom
           it
           is
           to
           be
           interpreted
           ,
           as
           the
           late
           Proceedings
           of
           the
           
             Scots
          
           at
           the
           
             Hague
          
           plainely
           shew
           :
           So
           that
           after
           all
           this
           ,
           if
           I
           in
           my
           private
           capacity
           be
           as
           you
           say
           still
           indispensibly
           obliged
           by
           it
           ,
           
           to
           begin
           or
           assist
           to
           publique
           troubles
           ,
           do
           you
           not
           fall
           into
           a
           worser
           absurdity
           ,
           and
           maintaine
           an
           Oath
           against
           the
           fifth
           Commandment
           ,
           or
           against
           all
           Magistracy
           ,
           
           which
           is
           an
           impossibility
           ?
           Nothing
           ever
           cautiond
           in
           termes
           more
           expressely
           for
           our
           duty
           
             of
             making
             discoveries
             ,
          
           
           
             of
             bringing
             to
             condigne
             punishment
             ,
             of
             our
             supreame
             respective
             Iudicatories
          
           and
           the
           like
           then
           the
           Covenant
           did
           ,
           which
           are
           things
           relating
           to
           none
           but
           our
           supream
           Magistracy
           ,
           unlesse
           you
           please
           plainly
           to
           assert
           another
           Absurdity
           ,
           that
           every
           single
           man
           who
           hath
           taken
           it
           ,
           is
           thereby
           absolvd
           from
           his
           Magistrate
           ,
           and
           is
           made
           one
           himselfe
           to
           judge
           of
           the
           other
           ,
           and
           thereby
           authorizd
           not
           by
           way
           of
           Toleration
           to
           professe
           but
           to
           establish
           what
           Religion
           he
           would
           ,
           to
           punish
           at
           his
           own
           tribunall
           whom
           he
           would
           ,
           and
           to
           reforme
           the
           state
           as
           he
           would
           .
           For
           he
           to
           whom
           you
           will
           allow
           a
           capacity
           of
           making
           warre
           ,
           hath
           also
           a
           Capacity
           of
           making
           Peace
           ,
           and
           Lawes
           for
           the
           security
           of
           his
           Peace
           .
        
         
           Thus
           we
           see
           how
           the
           Government
           is
           changed
           ,
           and
           the
           formall
           obligation
           of
           the
           Covenant
           at
           an
           end
           ;
           But
           what
           if
           I
           should
           grant
           you
           by
           the
           way
           of
           supposition
           ,
           that
           in
           case
           both
           the
           Covenant
           and
           the
           former
           Government
           were
           standing
           together
           in
           as
           full
           force
           as
           you
           desire
           ,
           and
           as
           it
           was
           when
           the
           Scots
           first
           delivered
           the
           King
           up
           to
           the
           Parliament
           of
           England
           ?
           I
           would
           then
           know
           of
           you
           
             whither
             if
             our
             Parliament
             had
             then
             for
             reasons
             best
             known
             to
             themselves
          
           (
           and
           of
           which
           
             wee
             can
             never
             judge
             competently
             )
             declared
             us
             of
             the
          
           People
           ,
           
             free
             from
             any
             further
             obligation
          
           of
           the
           Covenant
           ,
           
             might
             we
             justly
             have
          
           thought
           our
           solemne
           League
           at
           an
           end
           ,
           
             and
             that
             we
             ought
             to
             act
          
           nothing
           publiquely
           
             any
             longer
          
           by
           it
           ?
        
         
           If
           you
           will
           say
           we
           should
           have
           been
           still
           obliged
           to
           act
           upon
           it
           ,
           then
           I
           aske
           you
           againe
           
             under
             whom
          
           ?
           For
           I
           have
           proved
           it
           must
           be
           alwaies
           under
           a
           Magistrate
           ,
           and
           you
           have
           all
           along
           proved
           that
           it
           must
           onely
           be
           under
           our
           lawfull
           Magistrate
           ,
           how
           lawfull
           soever
           the
           thing
           be
           in
           it self
           which
           is
           commanded
           ,
           you
           would
           not
           allow
           the
           King
           to
           be
           the
           person
           to
           be
           obeyed
           ,
           whom
           you
           thought
           fit
           to
           keepe
           in
           an
           imprisonment
           .
           The
           Parliament
           (
           according
           to
           our
           supposition
           )
           would
           not
           be
           any
           longer
           obliged
           to
           it
           ,
           or
           be
           obeyed
           in
           it
           ,
           and
           the
           Scots
           acknowledge
           themselves
           in
           the
           4
           Article
           to
           be
           the
           supreame
           judicatory
           
           onely
           of
           Scotland
           ,
           and
           I
           cannot
           act
           publiquely
           by
           a
           private
           Capacity
           or
           Magistracy
           .
           
             Ergo
          
           in
           such
           a
           case
           ,
           the
           Covenant
           how
           good
           soever
           ,
           had
           not
           obliged
           any
           longer
           ,
           nor
           is
           it
           in
           it selfe
           eternall
           .
        
         
           
           
             You
             will
             not
             deny
             perhaps
             but
             one
             man
             may
             free
             another
             from
             an
             Oath
             when
             it
             is
             for
             the
             worldly
             profit
             of
             him
             who
             pleases
             to
             release
             it
             ,
             as
             every
             man
             may
             throw
             away
             any
             thing
             of
             his
             owne
             right
             ;
             but
             you
             will
             not
             allow
             it
             in
          
           Sacred
           things
           where
           God
           is
           a
           Party
           .
        
         
           
           I
           answer
           ,
           that
           though
           no
           Parent
           can
           dispence
           his
           wife
           or
           childe
           from
           the
           feare
           of
           God
           and
           the
           duties
           they
           owe
           to
           him
           ,
           
           yet
           he
           allowed
           him
           to
           break
           the
           childs
           vow
           for
           giving
           him
           a
           sacrifice
           ,
           and
           both
           to
           be
           guiltles
           ;
           and
           then
           why
           may
           not
           we
           be
           now
           absolved
           ,
           if
           our
           publique
           Parent
           judges
           it
           not
           fit
           that
           wee
           should
           be
           any
           longer
           tide
           formally
           to
           a
           conditionall
           Oath
           ;
           though
           it
           have
           relation
           to
           some
           sacred
           things
           ?
        
         
           
             You
             will
             say
          
           no
           ,
           
             because
             the
             Parent
             did
             not
             as
             a
             party
             solemnly
             concurre
             to
             the
             Childs
             vow
             ,
             and
             having
             never
             consented
             he
             might
             the
             better
             dissent
             ;
             but
             our
             publique
             Parent
             did
             concurre
             at
             a
             party
             to
             our
             Oath
             .
             The
             Parliament
             and
             People
             tooke
             the
             Covenant
             joyntly
             together
             ,
             and
             it
             is
             said
             that
             if
             the
             Father
             heare
             the
             vowes
             ,
             and
             contradicts
             them
             not
             in
             the
             same
             day
             ,
             then
             he
             confirms
             them
             ,
             and
             cannot
             break
             them
             without
             iniquity
             ,
          
        
         
           To
           this
           I
           reply
           ,
           First
           ,
           that
           v.
           16
           .
           it
           is
           said
           the
           Childe
           is
           free
           after
           the
           dissent
           of
           the
           Parent
           ,
           and
           that
           the
           Parent
           is
           charged
           with
           whatsoever
           was
           amisse
           in
           him
           ,
           which
           is
           excuse
           enough
           for
           us
           of
           the
           people
           .
           Secondly
           ,
           the
           difference
           is
           great
           in
           a
           maine
           point
           of
           the
           paralell
           ;
           because
           after
           the
           concurrence
           of
           the
           Father
           to
           the
           childs
           vow
           for
           sacrificing
           something
           to
           God
           ,
           that
           might
           be
           compleated
           in
           the
           Temple
           without
           his
           further
           helping
           it
           on
           ;
           but
           we
           cannot
           doe
           any
           thing
           in
           our
           case
           without
           the
           cooperation
           of
           our
           publique
           Parent
           all
           along
           ,
           neither
           can
           he
           do
           any
           thing
           without
           the
           concurrences
           of
           many
           other
           possible
           ,
           but
           uncertaine
           conditions
           ,
           and
           if
           he
           in
           effect
           finde
           those
           conditions
           have
           come
           contrary
           to
           
             his
             publique
             endeavours
             ,
          
           
           what
           may
           we
           doe
           ?
           will
           it
           be
           enough
           for
           us
           to
           rest
           in
           having
           attempted
           the
           
             utmost
             of
             our
             private
             endeavours
             with
             him
             ?
          
           or
           will
           you
           authorize
           every
           man
           upon
           private
           judgement
           or
           interpretation
           to
           begin
           a
           warre
           in
           his
           own
           sence
           .
        
         
           A
           League
           or
           Pact
           authorized
           betwixt
           private
           Neighbours
           over
           a
           whole
           Nation
           or
           over
           part
           of
           it
           ,
           
           is
           not
           as
           a
           League
           betwixt
           Prince
           and
           Prince
           :
           because
           these
           have
           conditions
           exprest
           how
           and
           when
           to
           begin
           warre
           upon
           one
           another
           in
           case
           their
           Leagues
           be
           broken
           .
           But
           there
           is
           no
           such
           thing
           exprest
           
             in
             terminis
          
           in
           that
           Covenant
           which
           we
           have
           made
           one
           with
           another
           ,
           and
           which
           we
           made
           subordinately
           to
           our
           Magistrate
           :
           so
           that
           if
           we
           or
           the
           Magistrate
           faile
           ,
           we
           are
           equally
           left
           to
           Gods
           justice
           solely
           and
           to
           the
           forfeiture
           of
           our
           own
           penalties
           due
           to
           him
           ,
           and
           every
           one
           is
           to
           answer
           for
           his
           owne
           deficiency
           in
           his
           own
           Station
           :
           And
           being
           left
           to
           our selves
           againe
           ,
           we
           are
           left
           to
           act
           onely
           so
           much
           of
           our
           Oath
           or
           of
           the
           ancient
           end
           of
           it
           ,
           as
           we
           were
           bound
           to
           before
           we
           swore
           :
           which
           is
           a
           great
           deale
           ;
           because
           we
           were
           bound
           by
           
             precept
          
           before
           wee
           were
           by
           
             promise
          
           all
           the
           dayes
           of
           our
           lives
           to
           do
           our
           utmost
           for
           the
           glory
           of
           God
           ,
           and
           the
           good
           of
           our
           neighbour
           .
        
         
           Secondly
           ,
           
           Princes
           or
           States
           who
           by
           the
           supremacy
           of
           their
           powers
           ,
           are
           able
           to
           make
           Lawes
           for
           their
           separated
           Kingdomes
           ;
           when
           they
           unite
           their
           supream
           Powers
           ,
           they
           are
           able
           to
           make
           a
           common
           Law
           for
           all
           their
           Kingdoms
           together
           ,
           which
           is
           called
           a
           League
           or
           Compact
           ;
           But
           a
           law
           when
           it
           comes
           to
           be
           broken
           (
           which
           is
           a
           publique
           thing
           ,
           and
           therefore
           of
           every
           mans
           interest
           )
           may
           be
           vindicated
           publiquely
           by
           Warre
           ,
           and
           by
           those
           who
           have
           a
           
             posse
             regni
             .
          
           But
           I
           cannot
           say
           the
           same
           may
           be
           done
           for
           the
           Covenant
           ,
           for
           
             quo
             jure
          
           can
           it
           be
           done
           ?
        
         
           The
           Scots
           indeed
           by
           one
           way
           of
           arguing
           make
           it
           greater
           then
           a
           Law
           ,
           and
           by
           another
           make
           it
           lesse
           ;
           which
           is
           when
           they
           one
           while
           affirme
           it
           unalterable
           and
           unreformable
           as
           a
           divine
           text
           ,
           and
           another
           while
           confesse
           it
           was
           not
           made
           by
           the
           joynt
           concurrence
           of
           all
           those
           who
           with
           
           
           
           them
           are
           essentiall
           to
           the
           making
           a
           publique
           Law
           .
           I
           conceive
           we
           may
           safely
           say
           it
           is
           of
           a
           Constitution
           inferriou●
           to
           that
           of
           a
           Law
           ,
           and
           therefore
           its
           obligation
           is
           lesse
           ,
           though
           its
           penalty
           be
           greater
           to
           the
           failers
           in
           it
           .
           It
           was
           made
           use
           of
           ,
           only
           as
           a
           
             convenient
             instrument
             or
             meanes
             ,
          
           for
           the
           better
           attaining
           some
           lawes
           as
           its
           end
           .
           A
           Law
           it
           was
           not
           because
           it
           was
           not
           made
           by
           all
           the
           then
           Legislative
           powers
           of
           the
           Kingdome
           .
           For
           the
           Kings
           concurrence
           in
           England
           if
           not
           in
           Scotland
           ,
           was
           then
           held
           requisite
           for
           passing
           a
           Law
           and
           he
           ever
           dissented
           from
           this
           Covenant
           .
           Halfe
           the
           inferiour
           sort
           of
           the
           People
           have
           not
           any
           Interest
           in
           it
           ,
           
           nor
           have
           taken
           it
           :
           And
           not
           having
           any
           obligation
           to
           it
           ,
           how
           I
           pray
           you
           can
           they
           justly
           be
           drawne
           into
           the
           Penalty
           due
           to
           it
           ?
           as
           they
           must
           all
           be
           ,
           if
           a
           Warre
           (
           which
           is
           effectually
           a
           Penall
           thing
           )
           be
           begun
           though
           by
           a
           part
           of
           the
           Nation
           ;
           for
           the
           nature
           of
           Warre
           is
           such
           ,
           that
           it
           puts
           a
           whole
           Kingdome
           into
           imminent
           danger
           of
           desolation
           ,
           though
           but
           begun
           in
           a
           part
           ,
           and
           by
           a
           party
           of
           it
           .
        
         
           Thus
           far
           I
           have
           endeavoured
           to
           shew
           the
           true
           fast
           and
           loose
           of
           all
           promissory
           Oaths
           ,
           and
           how
           their
           obligations
           cease
           according
           to
           the
           nature
           of
           the
           things
           which
           they
           are
           affixed
           to
           .
        
         
           
           
             The
             Author
             of
             the
             grand
             case
             of
             Conscience
          
           p
           ,
           1.
           
           Objects
           ,
           
             That
             if
             inconvenience
             may
             break
             a
             promise
             or
             disengage
             an
             Oath
             ,
             then
             many
             may
             be
             cheated
             ,
             and
          
           David
           
             was
             much
             mistaken
             ,
          
           Psal.
           15.4
           .
           
             Who
             saith
             he
             shall
             dwell
             in
             Gods
             Tabernacle
             ,
             who
             sweareth
             to
             his
             own
             hinderance
             and
             changeth
             not
             .
          
        
         
           
           I
           answer
           ,
           
             David
          
           speaks
           here
           of
           an
           Oath
           violated
           by
           a
           change
           onely
           in
           the
           Promiser
           ,
           
           who
           by
           his
           Oath
           hath
           past
           a
           right
           to
           another
           :
           and
           therefore
           can
           no
           longer
           dispose
           of
           it
           againe
           ;
           the
           party
           to
           whom
           he
           swore
           may
           dispose
           of
           it
           as
           he
           pleaseth
           and
           may
           dispense
           him
           of
           it
           ;
           because
           no
           man
           hath
           a
           right
           to
           make
           another
           man
           keepe
           his
           owne
           ,
           longer
           then
           he
           please
           himselfe
           .
           It
           is
           a
           duty
           to
           pay
           a
           debt
           ,
           but
           not
           to
           receive
           it
           .
           Finally
           ,
           this
           is
           nothing
           to
           those
           cases
           where
           the
           change
           is
           not
           in
           us
           ,
           but
           in
           other
           
           persons
           ,
           and
           in
           things
           which
           relate
           principally
           and
           conjoyntly
           to
           the
           fulfilling
           of
           the
           Oath
           or
           Promise
           .
           For
           if
           I
           promise
           
             Titius
          
           a
           sword
           at
           such
           a
           time
           ,
           and
           he
           then
           chance
           to
           be
           mad
           ,
           (
           an
           accident
           not
           exprest
           betwixt
           us
           at
           first
           )
           am
           I
           bound
           to
           put
           it
           into
           his
           hands
           in
           this
           change
           because
           I
           was
           the
           first
           promiser
           ?
        
         
           Wheras
           it
           is
           said
           ,
           that
           the
           obligation
           of
           somethings
           end
           ,
           because
           they
           can
           be
           no
           longer
           kept
           ,
           
           
             as
             that
             of
             the
             Kings
             person
             &c.
          
           He
           ans.
           p.
           11.
           
           
             That
             if
             men
             shall
             by
             violence
             put
             an
             end
             to
             the
             thing
             ,
             that
             thereby
             the
             obligation
             may
             end
             too
             ,
             that
             is
             a
             breach
             of
             Covenant
             .
             A
             woman
             promiseth
             to
             be
             faithful
             to
             her
             husband
             so
             long
             as
             he
             lives
             ;
             but
             if
             she
             ,
             to
             marry
             another
             ,
             kills
             him
             ,
             she
             breaks
             her
             promise
             .
          
        
         
           I
           grant
           it
           easily
           that
           they
           who
           use
           violence
           to
           break
           lawfull
           contracts
           ,
           
           sin
           grievously
           ;
           which
           is
           a
           thing
           now
           confest
           in
           every
           Church
           of
           Scotland
           ;
           but
           what
           is
           that
           to
           those
           who
           use
           no
           violence
           to
           breake
           them
           at
           all
           ;
           nor
           can
           helpe
           it
           when
           it
           is
           done
           although
           many
           be
           undone
           by
           it
           ?
           
           One
           thing
           I
           most
           earnestly
           desire
           to
           learne
           in
           this
           question
           propounded
           (
           I
           guesse
           )
           concerning
           the
           Kings
           Death
           ;
           which
           was
           a
           consequence
           of
           the
           others
           breach
           and
           tamperings
           .
           
             If
             by
             the
             Covenant
             we
             were
             indispensably
             obliged
             to
             preserve
             his
             Person
             ,
             How
             came
             it
             to
             passe
             ,
             that
             we
             were
             obliged
             by
             the
             same
             Couenant
             to
             wage
             warre
             against
             him
             ?
          
           I
           have
           heard
           of
           a
           
             distinction
             betwixt
             his
             power
             and
             his
             person
             ,
             but
             never
             of
             any
             betwixt
             his
             person
             and
             himselfe
             .
          
           So
           that
           if
           the
           Covenant
           could
           have
           dispenced
           any
           souldier
           of
           England
           or
           Scotland
           to
           kill
           his
           person
           by
           an
           accident
           of
           Warre
           (
           as
           his
           life
           was
           oft
           in
           danger
           before
           he
           came
           to
           the
           Scaffold
           )
           his
           Death
           had
           beene
           violent
           ,
           and
           the
           obligation
           to
           preserve
           him
           had
           ended
           ,
           and
           yet
           according
           to
           this
           argument
           the
           Covenant
           had
           not
           been
           broken
           .
           Why
           then
           should
           these
           men
           thinke
           the
           world
           so
           dull
           as
           not
           to
           understand
           plainly
           enough
           ,
           that
           the
           Covenant
           provided
           for
           his
           Death
           more
           wayes
           then
           one
           ?
           True
           it
           is
           ,
           that
           the
           Covenant
           held
           out
           a
           faint
           and
           a
           conditionall
           preservation
           of
           him
           ,
           and
           after
           all
           no
           man
           can
           sincerely
           stretch
           it
           further
           :
           From
           whence
           if
           we
           will
           let
           him
           judge
           this
           one
           controversie
           ,
           he
           hath
           left
           it
           
           recorded
           to
           posterity
           ,
           
             in
             his
             suppos'd
             book
             Chap.
          
           9.
           
           In
           vaine
           
             is
             my
             person
             excepted
             by
             a
             parenthesis
             of
             words
             ,
             when
             so
             many
             hands
             are
             armed
             against
             me
             with
             swords
             :
             Moreover
          
           in
           His
           Chap.
           of
           the
           Covenant
           ,
           
             he
             feared
             it
             provided
             for
             him
             in
             a
             Logick
          
           too
           loose
           
             and
             circumstantiall
             .
          
           From
           all
           which
           what
           did
           he
           conclude
           ,
           but
           that
           he
           would
           not
           allow
           of
           a
           Covenant-argument
           for
           his
           life
           ?
        
         
           I
           know
           the
           answer
           here
           is
           obvious
           ,
           that
           bullets
           were
           not
           shot
           directly
           against
           him
           (
           as
           few
           are
           against
           any
           in
           a
           Towne
           or
           in
           a
           Battell
           )
           and
           that
           if
           he
           would
           have
           withdrawne
           his
           person
           ,
           he
           should
           have
           beene
           out
           of
           danger
           ;
           but
           then
           I
           pray
           you
           what
           advantage
           had
           he
           in
           this
           by
           Covenant
           ,
           more
           then
           any
           common
           souldier
           of
           either
           side
           ?
           who
           when
           they
           retire
           ,
           are
           equally
           out
           of
           danger
           ,
           Nay
           he
           had
           lesse
           advantage
           ,
           For
           by
           
             preserving
             him
             ,
          
           they
           meant
           
             keeping
             him
          
           after
           he
           was
           rescued
           from
           others
           ,
           
           and
           by
           keeping
           him
           they
           meant
           
             not
             him
             primarily
             ,
          
           but
           something
           else
           ,
           to
           which
           all
           consideration
           of
           him
           was
           to
           give
           way
           .
           As
           for
           others
           which
           were
           to
           be
           brought
           to
           punishment
           ,
           they
           had
           some
           of
           them
           leave
           to
           go
           beyond
           the
           Seas
           ,
           others
           to
           enjoy
           liberties
           at
           home
           ;
           and
           of
           all
           the
           excepted
           persons
           ,
           there
           was
           never
           any
           of
           them
           who
           was
           here
           deprived
           of
           life
           ,
           but
           as
           our
           troubles
           and
           warres
           increast
           ,
           their
           number
           (
           which
           was
           strange
           )
           lessen'd
           even
           to
           six
           or
           seven
           at
           last
           ,
           and
           most
           of
           those
           out
           of
           the
           Kingdome
           .
           I
           know
           they
           have
           distinctions
           wherefore
           so
           much
           might
           be
           remitted
           to
           those
           ,
           and
           not
           to
           the
           King
           ,
           although
           he
           had
           on
           his
           behalfe
           the
           word
           
             preservation
          
           in
           the
           Covenant
           ;
           but
           these
           distinctions
           are
           but
           their
           strong
           justifications
           for
           that
           which
           is
           the
           bottome
           of
           this
           argument
           ,
           if
           all
           Covenanters
           durst
           speake
           plainly
           alike
           .
        
         
           
           
             He
             objects
             .
          
           p.
           11.
           
           
             That
             if
             according
             to
             Covenant
             we
             should
             preserve
             the
             priviledges
             of
             Parliament
             ,
             against
             a
             Malignant
             party
             that
             would
             have
             taken
             away
             but
             five
             Members
             ;
             why
             not
             against
             an
             Heriticall
             party
             which
             took
             away
             above
             two
             hundred
             ?
          
        
         
           
           I
           answer
           ,
           That
           when
           the
           five
           Membere
           were
           in
           danger
           ,
           
           there
           was
           a
           Session
           of
           neere
           all
           the
           Lords
           ,
           and
           of
           all
           the
           Commons
           to
           authorize
           the
           People
           to
           bring
           others
           before
           them
           to
           condigne
           punishment
           :
           
           But
           where
           is
           there
           now
           any
           Session
           of
           a
           supream
           power
           in
           this
           Land
           ,
           before
           whom
           we
           ought
           to
           bring
           the
           present
           Parliament
           ?
           under
           what
           formall
           supream
           Magistracy
           can
           we
           now
           cooperate
           or
           receive
           publique
           orders
           ,
           but
           from
           them
           ?
           who
           have
           commanded
           no
           such
           thing
           against
           themselves
           .
           Lastly
           the
           Covenant
           makes
           not
           us
           private
           men
           Magistrates
           ,
           neither
           doth
           it
           authorize
           us
           to
           a
           war
           disertly
           ,
           as
           to
           a
           penalty
           .
        
         
           Certainly
           he
           doth
           not
           meane
           that
           the
           remaining
           Members
           make
           no
           house
           ,
           because
           there
           are
           more
           now
           kept
           out
           ,
           then
           are
           admitted
           into
           it
           .
           For
           would
           not
           such
           an
           Argument
           clearly
           determine
           ,
           that
           the
           house
           of
           Lords
           was
           never
           a
           house
           ,
           since
           the
           Major
           part
           followed
           the
           King
           ,
           under
           pretence
           ,
           that
           they
           durst
           not
           sit
           any
           longer
           at
           Westminster
           ?
           Or
           else
           if
           the
           ●itting
           of
           so
           many
           Members
           as
           are
           enough
           for
           a
           legall
           vote
           be
           illegall
           ,
           after
           others
           are
           forc●t
           away
           ;
           How
           shall
           we
           justifie
           that
           Session
           with
           a
           new
           speaker
           ,
           when
           the
           rest
           were
           forc't
           to
           the
           Armies
           protection
           from
           the
           Citizens
           servants
           and
           apprentices
           ,
           who
           forc't
           them
           ,
           and
           Indangerd
           their
           lives
           in
           the
           House
           ?
           Or
           how
           shall
           we
           justifie
           the
           house
           of
           Commons
           for
           sitting
           ,
           when
           the
           five
           Members
           durst
           not
           appear
           ?
           Though
           force
           should
           not
           be
           used
           without
           a
           desperate
           occasion
           be
           given
           (
           in
           which
           case
           the
           preservation
           of
           the
           substance
           ,
           is
           alwaies
           above
           the
           consideration
           of
           a
           formality
           as
           hath
           bin
           argued
           by
           the
           Parliament
           ever
           since
           their
           first
           warres
           yet
           they
           know
           few
           or
           many
           sitters
           in
           the
           House
           ,
           is
           not
           a
           thing
           of
           our
           examination
           ,
           if
           they
           be
           above
           forty
           .
        
         
           
             The
             second
             Demurrer
          
           p.
           6.
           
           
           
             Objects
             that
             we
             have
             sworne
             by
             no
             terrour
             to
             withdraw
             our selves
             from
             this
             blessed
             union
             ,
          
           
           
             but
             to
             continuein
             it
             all
             our
             lives
             against
             all
             opposition
             .
          
           
        
         
           If
           there
           were
           nothing
           else
           in
           the
           world
           yet
           these
           words
           sufficiently
           prove
           that
           we
           are
           now
           absolutely
           absolved
           from
           the
           Covenant
           ;
           for
           first
           ,
           they
           relate
           to
           a
           State
           and
           time
           of
           
             Vnion
             ,
          
           in
           which
           we
           were
           according
           to
           the
           united
           
           strengths
           of
           two
           Nations
           ,
           two
           Magistracies
           ,
           and
           of
           the
           respective
           Magistracies
           and
           People
           here
           enabled
           ,
           yea
           commanded
           to
           make
           great
           opposition
           against
           those
           who
           then
           were
           actually
           united
           in
           armes
           against
           the
           Parliament
           .
           But
           now
           that
           we
           are
           supposed
           by
           these
           Authors
           to
           be
           dis-united
           as
           our
           enemies
           are
           ,
           and
           that
           the
           Magistracy
           is
           changed
           ,
           our
           state
           of
           subordination
           somewhat
           varyed
           ;
           
           that
           the
           Links
           of
           our
           former
           chaine
           are
           broken
           ;
           and
           that
           the
           Commons
           act
           alone
           without
           a
           King
           ,
           as
           the
           Lords
           &
           Commons
           acted
           before
           without
           one
           ,
           and
           that
           the
           Scotish
           Nation
           by
           their
           invasion
           ,
           and
           their
           attempting
           to
           divide
           the
           King
           from
           us
           ,
           and
           us
           one
           from
           another
           ,
           by
           their
           declaration
           made
           preparatorily
           for
           division
           ,
           thereby
           to
           favour
           invasion
           afterward
           ,
           have
           in
           the
           face
           of
           all
           the
           world
           broken
           whatever
           was
           of
           Nationall
           union
           and
           Peace
           ,
           yea
           and
           all
           that
           which
           was
           of
           confidence
           betwixt
           our selves
           at
           home
           ,
           and
           (
           which
           was
           yet
           more
           horrid
           )
           in
           incouraging
           one
           principall
           Army
           in
           
             Ireland
          
           to
           fall
           off
           from
           the
           advantages
           it
           had
           against
           the
           bloody
           Rebells
           ,
           to
           turne
           their
           swords
           against
           the
           Parliament
           it selfe
           ,
           only
           out
           of
           a
           by
           end
           of
           ambition
           ,
           yea
           now
           (
           that
           the
           war
           being
           ended
           )
           we
           are
           to
           enter
           into
           an
           
             Vnion
             of
             cohabitation
          
           or
           in
           cooperation
           (
           as
           they
           have
           done
           in
           Scotland
           it selfe
           )
           with
           those
           who
           during
           their
           united
           hostilities
           occasiond
           our
           Nationall
           Union
           ,
           are
           we
           I
           say
           after
           all
           this
           ,
           in
           the
           selfe
           same
           Union
           which
           they
           at
           first
           hoped
           might
           have
           been
           continued
           to
           them
           &
           us
           for
           all
           our
           lives
           ?
           That
           Union
           suppos'd
           the
           warre
           which
           then
           was
           ,
           with
           the
           rest
           ,
           of
           the
           circumstances
           ,
           and
           if
           we
           wish
           the
           same
           effect
           or
           Union
           now
           ,
           do
           we
           not
           thereby
           wish
           the
           same
           cause
           or
           warre
           againe
           amongst
           us
           ?
           as
           we
           were
           to
           oppose
           armes
           to
           armes
           ,
           so
           union
           to
           union
           ,
           and
           certainly
           that
           Union
           of
           the
           Parliaments
           of
           both
           Kingdoms
           was
           at
           an
           end
           ,
           ever
           since
           the
           Scotch
           Army
           here
           received
           their
           money
           ,
           and
           returned
           ,
           home
           ,
           leaving
           the
           Delinquents
           of
           both
           Nations
           dis-united
           and
           clearly
           reduced
           to
           receive
           condigne
           punishment
           ,
           (
           as
           the
           Covenant
           calls
           it
           )
           at
           the
           respective
           judicatories
           of
           both
           
           Kingdoms
           ;
           and
           if
           it
           ended
           not
           then
           ,
           yet
           it
           could
           not
           bee
           consistent
           with
           their
           Declaration
           and
           divisions
           presently
           after
           ;
           and
           if
           not
           then
           ,
           yet
           I
           am
           sure
           it
           could
           not
           be
           consistent
           with
           their
           Nationall
           invasion
           ,
           and
           tampering
           to
           divide
           all
           in
           England
           and
           Ireland
           ,
           the
           effect
           whereof
           hath
           been
           a
           change
           of
           Government
           here
           ,
           and
           hath
           made
           them
           totally
           distinct
           forrainers
           to
           us
           .
        
         
           The
           Demurrers
           premisses
           in
           this
           Argument
           by
           a
           new
           logick
           ,
           
           relate
           onely
           to
           a
           State
           of
           publique
           Vnion
           ,
           and
           his
           conclusion
           relates
           only
           
             to
             a
             State
             of
             publique
             dis-union
             ,
          
           of
           the
           consequences
           whereof
           the
           Covenant
           saith
           nothing
           at
           all
           in
           any
           Article
           ;
           It
           enjoyn●s
           the
           bringing
           of
           Delinquents
           to
           condigne
           punishment
           ,
           and
           those
           
             private
          
           persons
           likewise
           among
           our selves
           ,
           who
           should
           helpe
           on
           ,
           either
           divisions
           amongst
           us
           ,
           or
           the
           invasion
           of
           either
           Nation
           first
           .
           But
           whether
           should
           they
           be
           brought
           to
           punishment
           ?
           The
           Covenant
           answers
           ,
           Either
           before
           the
           respective
           judicatories
           of
           each
           Kingdome
           (
           who
           onely
           have
           power
           to
           judge
           of
           what
           is
           
             Condigne
          
           )
           or
           before
           no body
           .
        
         
           It
           speakes
           likewise
           how
           we
           should
           unitedly
           venture
           our
           lives
           against
           the
           Enemy
           which
           then
           was
           :
           
           it
           doth
           not
           ,
           or
           at
           least
           ought
           not
           to
           sweare
           us
           to
           get
           the
           better
           of
           them
           for
           ever
           ,
           nor
           that
           we
           should
           in
           a
           rout
           or
           dis-union
           end
           our
           lives
           against
           all
           opposition
           ,
           and
           without
           quarter
           .
           If
           the
           termes
           of
           
             our
             utmost
             endeavours
             ,
          
           and
           
             all
             the
             dayes
             of
             our
             lives
             ,
          
           are
           to
           be
           understood
           litterally
           ,
           and
           that
           we
           must
           not
           survive
           any
           violation
           of
           the
           Covenant
           ,
           then
           why
           do
           these
           Gentlemen
           ,
           (
           who
           conclude
           themselves
           in
           the
           State
           of
           the
           Covenant
           thus
           understood
           )
           thinke
           of
           living
           till
           to
           morow
           ?
           The
           termes
           of
           
             forever
             ,
             or
             for
             all
             the
             dayes
             of
             our
             lives
          
           are
           not
           in
           our
           contracts
           to
           be
           understood
           naturally
           ,
           but
           morally
           ;
           For
           we
           finde
           it
           plainly
           in
           the
           Judicial
           law
           ,
           that
           after
           a
           Jew
           had
           taken
           a
           servant
           ,
           and
           bor'd
           a
           hole
           through
           his
           eare
           
             he
             was
             (
             as
             the
             Text
             saith
             )
             to
             serve
             him
             for
             ever
             ,
          
           although
           one
           of
           them
           might
           poss●bly
           have
           dyed
           the
           next
           day
           ,
           and
           both
           of
           them
           after
           a
           while
           might
           
           have
           beene
           made
           captives
           to
           others
           .
           The
           law
           calls
           the
           league
           of
           Marriage
           
             individua
             vitae
             consue●udo
             ,
             a
             c●habita●ion
             for
             all
             the
             dayes
             of
             our
             lives
             .
          
           For
           so
           it
           should
           be
           
             ex
             voto
             contrahenti●m
             ,
             in
             the
             sincere
             desires
             of
             the
             contractors
          
           ;
           Yet
           we
           know
           ,
           one
           ordinarily
           dyes
           before
           the
           other
           ,
           and
           that
           many
           conditions
           may
           happen
           to
           legitimate
           their
           divorce
           afterwards
           ,
           though
           the
           contract
           was
           never
           so
           religiously
           made
           in
           the
           presence
           of
           almighty
           God
           at
           first
           .
        
         
           The
           Scots
           in
           
             their
             late
             proceedings
             with
             their
             King
             at
             the
          
           Hague
           
             pag.
          
           the
           6.
           interpret
           the
           words
           of
           
             utmost
             endeavour
             ,
          
           as
           morally
           as
           we
           doe
           here
           ?
           For
           the
           Commissioners
           of
           the
           Kirk
           said
           ,
           
             they
             us'd
             their
             utmost
             endeavours
             to
             save
             the
             Kings
             life
             according
             to
             Covenant
             ;
             but
             how
             ?
             They
             answer
             ,
             that
             it
             was
             in
             Papers
             ,
             messages
             ,
             Declarations
             ,
             Testimonies
             ,
             and
             Protestations
             onely
          
           ;
           they
           name
           not
           warre
           ,
           or
           bloodshed
           ,
           for
           they
           protested
           against
           that
           way
           last
           yeare
           ,
           as
           contrary
           to
           Covenant
           ,
           when
           the
           Parliament
           of
           Scotland
           invaded
           us
           ;
           and
           I
           hope
           for
           the
           reputation
           of
           the
           religion
           they
           professe
           ,
           they
           have
           not
           altered
           their
           publique
           commentary
           of
           that
           sacred
           Text
           contradictorily
           so
           soone
           .
        
         
           To
           conclude
           ,
           
             Either
             wee
             are
             still
             in
             the
             Vnion
             of
             the
             end
             of
             the
             Covenant
             ,
             or
             we
             are
             not
          
           :
           If
           we
           be
           in
           it
           ,
           then
           these
           breake
           the
           Covenant
           ,
           by
           seeking
           to
           dis-unite
           us
           :
           If
           we
           be
           not
           in
           it
           ,
           where
           then
           is
           the
           Article
           for
           our
           private
           forming
           a
           warre
           upon
           it
           ?
           and
           under
           whom
           ,
           if
           not
           under
           our
           English
           supreame
           iudicatory
           ?
           
           and
           if
           they
           call
           us
           not
           out
           to
           revenge
           that
           which
           was
           more
           then
           a
           bare
           falling
           off
           from
           the
           Covenant
           last
           yeare
           amongst
           ourselves
           ,
           (
           when
           the
           Scots
           exercis'd
           such
           high
           hostilities
           ,
           and
           were
           the
           first
           shatterers
           of
           all
           our
           frame
           (
           which
           otherwise
           might
           by
           Gods
           blessing
           have
           cemented
           againe
           )
           how
           durst
           these
           private
           trumpets
           sound
           the
           alarum
           ,
           and
           open
           the
           wounds
           of
           the
           Nations
           once
           more
           ?
           Though
           the
           respective
           iudicatory
           of
           that
           Kingdome
           now
           cannot
           make
           that
           which
           was
           once
           done
           ,
           undone
           ;
           Yet
           by
           the
           present
           punishment
           of
           the
           Kirke
           ,
           it
           is
           acknowledged
           that
           
           they
           hold
           the
           Covenant
           to
           have
           been
           more
           then
           nationally
           broken
           ,
           in
           regard
           of
           the
           harme
           and
           damage
           which
           was
           done
           to
           us
           after
           it
           was
           broken
           .
           For
           there
           is
           a
           great
           deale
           of
           difference
           betwixt
           ceasing
           to
           helpe
           according
           to
           a
           league
           ,
           and
           acting
           hostily
           contrary
           to
           it
           ,
           especially
           when
           no
           such
           penalty
           is
           in
           such
           a
           league
           exprest
           betwixt
           the
           parties
           .
        
         
           
             But
             you
             will
             object
             ,
          
           
           
             that
             if
             the
             Covenant
             were
             so
             broken
             in
             one
             or
             two
             points
             by
             them
             ,
             yet
             it
             doth
             not
             follow
             ,
             that
             the
             whole
             Covenant
             is
             broken
             thereby
             ,
             and
             dead
             in
             every
             part
             .
          
        
         
           I
           have
           answered
           before
           that
           we
           are
           no
           longer
           obliged
           to
           any
           thing
           in
           it
           by
           the
           way
           of
           League
           and
           Covenant
           ;
           The
           reason
           here
           is
           ,
           
           because
           here
           in
           leagues
           everything
           is
           to
           be
           observed
           con●unctively
           ,
           otherwise
           all
           is
           broken
           ;
           which
           is
           so
           true
           and
           cleare
           ,
           that
           if
           we
           looke
           upon
           Gods
           league
           and
           Covenant
           with
           Israel
           ,
           we
           shall
           finde
           the
           same
           thing
           pronounc't
           there
           .
           God
           said
           ,
           If
           yee
           keepe
           my
           Commandements
           ,
           I
           will
           be
           your
           God
           ,
           and
           will
           maintaine
           you
           in
           your
           plenty
           ,
           and
           in
           your
           Land
           :
           Yet
           he
           said
           ,
           that
           
             if
             they
             broke
             any
             one
             Commandement
             in
             their
             part
             of
             Covenant
             ,
             they
             were
             guilty
             of
             all
             ,
          
           and
           that
           all
           should
           be
           at
           an
           end
           betwixt
           them
           :
           just
           as
           St.
           
             Iohn
          
           in
           the
           conclusion
           of
           his
           Revelation
           saith
           ,
           
             Who
             ever
             shall
             diminish
             but
             one
             word
             of
             that
          
           Booke
           
             defaceth
             the
             whole
             ,
             and
             looseth
             the
             whole
             benefit
             which
             he
             might
             expect
             thereby
             in
             the
             holy
             City
             ,
             by
             vertue
             of
             the
             second
             Covenant
             .
          
        
         
           
             It
             is
             asserted
             ,
          
           
           
             that
             there
             is
             no
             clause
             in
             any
             Oath
             or
             Covenant
             ,
             which
             in
             a
             common
             sence
             forbids
             obedience
             to
             a
             present
             Government
             :
          
           To
           this
           the
           grand
           case
           of
           Conscience
           answers
           ,
           
             That
             the
             Covenant
             engages
             to
             another
             Government
             ,
             therefore
             it
             forbids
             obedience
             to
             this
             ,
             and
             Oathes
             ought
             to
             bee
             their
             owne
             interpreters
             .
          
        
         
           Here
           he
           at
           first
           begs
           the
           question
           ,
           whether
           the
           Covenant
           can
           now
           engage
           us
           or
           no
           ?
           
           seeing
           it
           hath
           beene
           proved
           ,
           that
           that
           which
           is
           now
           nothing
           ,
           cannot
           now
           engage
           us
           to
           any
           thing
           ;
           and
           conseqently
           our
           submitting
           to
           ,
           and
           acting
           under
           the
           present
           Government
           ,
           cannot
           
           be
           contrary
           to
           Covenant
           ;
           because
           things
           which
           are
           contrary
           one
           to
           the
           other
           ,
           must
           have
           actuall
           being
           together
           at
           the
           same
           time
           .
           But
           the
           very
           being
           of
           this
           Government
           ,
           supposes
           the
           nullity
           of
           the
           Covenant
           ,
           whose
           death
           (
           as
           it
           was
           other
           where
           contrived
           before
           )
           gave
           life
           to
           that
           mutation
           here
           afterwards
           .
        
         
           
           Secondly
           ,
           Though
           the
           Covenant
           were
           still
           valid
           and
           in
           force
           ,
           yet
           when
           we
           were
           sworne
           to
           it
           first
           ,
           it
           found
           us
           actually
           out
           of
           that
           Government
           here
           pointed
           at
           ,
           
             viz.
          
           Of
           King
           Lords
           and
           Commons
           .
           For
           that
           is
           the
           supreame
           Government
           of
           a
           Country
           ,
           which
           makes
           a
           supreame
           law
           there
           :
           But
           at
           that
           time
           the
           supreamest
           humane
           law
           ,
           which
           (
           according
           to
           these
           gentlemens
           opinions
           )
           was
           ever
           made
           in
           England
           or
           Scotland
           ,
           or
           perhaps
           in
           all
           the
           world
           ,
           was
           made
           without
           the
           King
           in
           those
           Kingdomes
           ,
           and
           against
           his
           dissent
           .
           For
           which
           reason
           the
           Covenant
           engages
           not
           so
           positively
           for
           King
           or
           Kingly
           Government
           ,
           as
           for
           the
           Vnion
           of
           the
           Covenanters
           in
           any
           forme
           and
           against
           any
           opposition
           ;
           
           Whereupon
           the
           Presbyterians
           when
           it
           was
           (
           as
           most
           conceiv'd
           )
           in
           their
           power
           ,
           to
           restablish
           King
           or
           Kingly
           Gove●nment
           ,
           they
           omitted
           both
           for
           many
           dayes
           of
           their
           lives
           ,
           without
           question
           ;
           because
           they
           conceiv'd
           it
           not
           a
           Government
           absolutely
           necessary
           by
           Covenant
           .
           When
           
             D.
             Hamilton
          
           entred
           England
           so
           hostilely
           for
           that
           end
           ,
           and
           as
           he
           thought
           by
           vertue
           of
           Covenant
           ,
           yet
           he
           was
           excommunicated
           for
           it
           by
           the
           Oracles
           of
           the
           Covenant
           .
        
         
           Lastly
           ,
           The
           reigne
           of
           the
           Covenant
           since
           the
           first
           day
           of
           its
           birth
           and
           obligation
           ,
           was
           never
           yet
           a
           R●gall
           reigne
           ,
           no
           not
           for
           one
           day
           anywhere
           ;
           so
           that
           the
           change
           which
           is
           ,
           is
           not
           determinatly
           contrary
           to
           that
           principle
           ,
           out
           of
           which
           (
           according
           to
           the
           circumstances
           of
           security
           )
           any
           Government
           may
           be
           moulded
           for
           any
           place
           .
           For
           which
           reason
           if
           I
           should
           grant
           you
           that
           the
           Covenant
           were
           not
           expir'd
           ,
           and
           had
           not
           beene
           so
           palpably
           broken
           ,
           as
           it
           was
           betwixt
           the
           Nations
           ;
           yet
           Scotland
           (
           if
           they
           had
           pleas'd
           )
           might
           have
           beene
           Govern'd
           by
           a
           King
           ,
           and
           England
           by
           
           a
           free
           State
           ,
           &
           yet
           both
           consonantly
           enough
           to
           Covenant
           and
           without
           any
           contrariety
           ,
           because
           the
           circumstances
           of
           securitie
           in
           one
           might
           have
           been
           different
           from
           the
           circumstances
           of
           security
           in
           the
           other
           ;
           which
           though
           different
           ,
           might
           as
           well
           have
           been
           mutually
           maintained
           as
           their
           discipline
           differing
           from
           ours
           might
           have
           beene
           preserv'd
           by
           us
           .
           From
           all
           which
           it
           appears
           ,
           that
           that
           Oath
           is
           Cloudy
           in
           the
           positive
           or
           set
           Government
           which
           we
           ought
           to
           have
           ,
           and
           so
           cannot
           be
           justly
           called
           it's
           
             owne
             interpreter
             ,
          
           besides
           a
           reformation
           according
           to
           the
           word
           of
           God
           ;
           and
           the
           example
           of
           the
           best
           reformed
           Churches
           ,
           supposes
           such
           a
           latitude
           of
           Logick
           as
           would
           (
           if
           all
           sides
           should
           be
           heard
           )
           give
           us
           as
           much
           exercise
           as
           all
           our
           wa●res
           have
           .
        
         
           And
           certainly
           the
           Covenant
           is
           alike
           undefin'd
           in
           Religion
           and
           in
           civill
           Government
           .
           
           For
           we
           swore
           to
           bring
           the
           Church
           Discipline
           in
           the
           three
           Kingdoms
           ,
           to
           as
           neer
           a
           similitude
           as
           the
           constitution
           of
           the
           places
           would
           bear
           ,
           
             not
             into
             the
             very
             same
          
           ;
           and
           as
           for
           the
           civill
           Government
           ,
           it
           was
           to
           receive
           its
           
             forme
          
           in
           the
           security
           of
           that
           ,
           just
           as
           water
           doth
           receive
           not
           onely
           the
           figure
           of
           the
           Pot
           or
           Glasse
           into
           which
           it
           is
           put
           ,
           but
           its
           conservation
           from
           being
           totally
           lost
           and
           spilt
           .
           But
           how
           then
           will
           you
           free
           your selfe
           from
           this
           contradiction
           in
           asserting
           that
           the
           civill
           State
           is
           unalterable
           by
           Covenant
           ,
           when
           that
           of
           the
           Church
           which
           formes
           the
           other
           is
           so
           much
           alterable
           ?
           and
           seeing
           that
           of
           the
           State
           receives
           from
           this
           ,
           not
           only
           its
           form
           and
           being
           ,
           but
           what
           ever
           else
           you
           alone
           please
           to
           attribute
           to
           your
           security
           in
           it
           ?
           From
           whence
           I
           conclude
           again
           ,
           that
           a
           change
           of
           Government
           is
           consistent
           with
           Covenant
           ,
           &
           that
           a
           submission
           to
           it
           in
           lawful
           things
           is
           much
           more
           ,
           and
           consequently
           it
           ingages
           not
           to
           any
           one
           determinate
           Government
           ,
           and
           so
           is
           not
           against
           this
           of
           ours
           .
        
         
           I
           beleeve
           it
           hath
           been
           a
           frequent
           observation
           of
           many
           ,
           who
           have
           calmely
           converst
           with
           our
           Divines
           and
           others
           zealous
           for
           Presbytery
           ,
           That
           they
           have
           found
           them
           little
           satisfied
           with
           that
           sort
           of
           Presbytery
           ,
           which
           
           our
           Parliament
           modelled
           for
           us
           of
           this
           Nation
           ;
           as
           having
           little
           affinity
           with
           the
           Couenant
           .
           My
           beliefe
           is
           ,
           that
           they
           in
           that
           discernd
           not
           the
           consequence
           of
           their
           own
           dissatisfaction
           .
           
           For
           if
           their
           consciences
           regulated
           by
           Covenant
           ,
           can
           admit
           no
           civill
           Government
           ,
           but
           the
           Kingly
           (
           which
           they
           so
           much
           argue
           for
           here
           )
           and
           if
           the
           Covenant
           and
           a
           Scotch
           Presbytery
           (
           whose
           right
           they
           hold
           to
           be
           Divine
           )
           be
           essentially
           linkt
           together
           ,
           Then
           we
           and
           they
           may
           all
           of
           us
           learne
           ,
           not
           onely
           from
           direct
           inferences
           ,
           but
           from
           the
           declar'd
           experience
           of
           the
           Sonne
           ,
           the
           Father
           ,
           the
           Grandfather
           ,
           and
           great
           GrandMother
           ,
           that
           is
           of
           the
           three
           last
           Scotch
           Kings
           and
           one
           Queene
           .
           That
           if
           the
           Scotch
           Presbitery
           come
           out
           of
           the
           Covenant
           then
           Kingly
           government
           cannot
           derive
           from
           it
           ,
           because
           they
           are
           jurisdictions
           incompatible
           and
           inconsistant
           in
           the
           same
           place
           ,
           and
           if
           one
           can
           conserve
           it
           ,
           then
           may
           we
           say
           as
           much
           of
           the
           other
           .
           How
           much
           
             Mary
          
           Queene
           of
           Scotland
           experienced
           of
           this
           ,
           
           let
           the
           world
           judge
           by
           that
           which
           she
           wrote
           both
           with
           inke
           in
           her
           Letters
           ,
           and
           with
           her
           blood
           on
           the
           Scaffold
           .
           For
           how
           came
           she
           to
           be
           Beheaded
           in
           England
           ,
           but
           by
           
             Mr.
          
           Knox
           (
           and
           the
           Kirkes
           having
           done
           little
           better
           than
           )
           put
           her
           into
           the
           hands
           of
           those
           who
           could
           not
           keepe
           her
           long
           alive
           with
           security
           to
           themselves
           ?
           
           King
           
             Iames
          
           hath
           writ
           and
           argued
           largely
           concerning
           his
           dangers
           &
           sufferings
           under
           it
           ,
           &
           it
           is
           yet
           remembred
           in
           what
           Dialect
           they
           of
           the
           Presbytery
           were
           wont
           to
           Preach
           and
           Pray
           against
           him
           to
           his
           face
           ,
           and
           he
           not
           know
           how
           to
           remedy
           it
           ,
           or
           by
           what
           right
           to
           top
           theirs
           .
           When
           he
           came
           into
           England
           he
           profest
           his
           deliverance
           from
           that
           subjection
           not
           of
           small
           satisfaction
           to
           his
           minde
           ,
           and
           therefore
           at
           this
           di●tance
           he
           contrived
           how
           to
           extinguish
           or
           check
           that
           ●ate
           there
           ,
           &
           after
           some
           progresse
           in
           that
           worke
           he
           himselfe
           dyed
           peaceably
           in
           a
           milder
           Country
           ,
           
           But
           K.
           
             Charles
          
           with
           that
           Crown
           inherited
           the
           consequences
           of
           that
           undertaking
           ,
           for
           his
           first
           troubles
           began
           in
           the
           controversie
           of
           that
           Presbytery
           ;
           and
           what
           a
           preservation
           he
           thought
           the
           Covenant
           (
           from
           
           which
           it
           seemes
           their
           Presbytery
           is
           so
           inseparable
           )
           might
           be
           to
           him
           and
           what
           his
           fate
           was
           and
           who
           helpt
           it
           on
           ,
           nay
           who
           diverted
           him
           from
           agreement
           here
           ,
           all
           the
           world
           knowes
           and
           in
           his
           writings
           likewise
           he
           hath
           showne
           to
           the
           world
           that
           he
           himselfe
           was
           not
           ignorant
           of
           it
           ;
           This
           only
           is
           the
           wonder
           ,
           that
           in
           the
           midst
           of
           this
           their
           specious
           zeale
           for
           Kingly
           Government
           ,
           
           the
           Covenant
           should
           be
           so
           silent
           concerning
           Royall
           Posterity
           ,
           or
           for
           their
           succession
           ,
           in
           case
           the
           Scots
           or
           English
           Souldiers
           had
           kill'd
           the
           King
           casually
           before
           he
           had
           given
           them
           the
           satisfaction
           which
           they
           required
           ,
           the
           consideration
           of
           all
           this
           ,
           with
           some
           other
           lately
           offer'd
           to
           the
           young
           Prince
           at
           the
           
             Hague
             ,
          
           by
           the
           Scotch
           Commissioners
           ,
           and
           the
           satisfaction
           which
           they
           in
           their
           late
           Declaration
           require
           from
           him
           ,
           as
           they
           did
           from
           his
           Father
           ,
           have
           questionlesse
           made
           him
           scruple
           ,
           so
           long
           at
           his
           adventure
           into
           that
           Country
           ,
           though
           so
           much
           invited
           .
           For
           they
           told
           him
           p.
           14.15
           .
           
             That
             for
             longer
             then
             these
             eight
             yeares
             ,
          
           
           
             yea
             ever
             since
             that
             Queene
             Mary
             ,
             their
             fundamentall
             priviledge
             hath
             beene
             to
             assemble
             in
             Parliament
             ;
             and
             to
             conclude
             there
             of
             themselves
             ,
             either
             without
             King
             or
             Kings
             Commissioners
             ;
             and
             that
             if
             his
             Majesty
             refuse
             those
             their
             reasonable
             desires
             ,
             they
             shall
             be
             constrained
             in
             so
             great
             an
             extremity
             ,
             to
             doe
             what
             is
             incumbent
             on
             them
             ,
             to
             preserve
             Religion
             ,
          
           
           
             and
             the
             Kingdom
             from
             ruine
             .
          
           Here
           they
           plainly
           acknowledge
           ,
           and
           assume
           that
           supreame
           power
           and
           right
           ,
           which
           shall
           be
           proved
           here
           more
           evidently
           towards
           the
           conclusion
           .
        
         
           But
           because
           I
           intend
           truth
           here
           in
           the
           simplicity
           of
           my
           Heart
           ,
           and
           no
           way
           to
           swell
           this
           Argument
           ,
           either
           with
           passion
           in
           my selfe
           ,
           or
           with
           scandall
           to
           any
           man
           else
           therfore
           I
           shall
           sincerely
           unfold
           what
           hath
           long
           been
           a
           mistery
           to
           my selfe
           ,
           and
           for
           confirmation
           of
           what
           I
           have
           asserted
           here
           so
           positively
           ,
           I
           shall
           give
           the
           reader
           the
           expresse
           word
           of
           our
           great
           English
           Covenant-champion
           ,
           and
           of
           Master
           
             Hinderson
          
           especially
           the
           Scotch
           Champion
           ,
           betwixt
           whose
           fingers
           the
           Covenant
           it selfe
           was
           moulded
           .
        
         
         
           
             O●●t
             ●●ind
             cafe
             of
             Oonscience
             ,
          
           p.
           14
           ,
           
             saith
             ,
             But
             they
             who
             are
             now
             for
             the
             right
             of
             the
             Son
             ,
             and
             continuance
             of
             the
             Government
             ,
             are
             as
             much
             against
             the
             vices
             in
             and
             about
             him
             ,
             as
             about
             the
             Father
             .
             And
             should
             he
             doe
             as
             his
             Father
             hath
             done
             ,
             they
             who
             are
             now
             for
             the
             performance
             of
             this
             Oath
             and
             Covenant
             ,
             would
             as
             truly
             joyne
             against
             him
             as
             against
             the
             Father
             .
          
        
         
           Who
           can
           call
           this
           Regall
           Language
           ?
           which
           yet
           will
           be
           lookt
           on
           as
           the
           English
           Presbyterian-alarum
           ,
           though
           but
           by
           one
           man
           .
           Hee
           had
           done
           well
           in
           speaking
           of
           the
           performance
           of
           Covenant
           by
           us
           all
           if
           he
           had
           offered
           a
           Catalogue
           of
           all
           that
           which
           would
           fulfill
           the
           Covenant
           in
           all
           its
           termes
           without
           any
           further
           interpretation
           ;
           But
           that
           which
           is
           supposed
           eternall
           for
           time
           is
           likewise
           infinite
           as
           to
           the
           matter
           which
           it
           may
           relate
           to
           by
           the
           application
           of
           humane
           Logick
           .
        
         
           
           Mr.
           Hinderson
           
             in
             his
          
           Newcastle
           
             conference
             ,
             with
             the
             King
          
           p.
           24.25
           .
           
             saith
             ,
             That
             the
             reforming
             power
             is
             in
             Kings
             and
             Princes
             ,
          
           Quibus
           deficientibus
           ,
           
             it
             comes
             to
             the
             inferiour
             Magistrates
             ,
          
           Quibus
           deficientibus
           ,
           
             it
             descends
             to
             the
             gr●sse
             of
             the
             people
             ,
             but
             yet
             supposing
             still
             (
             as
             he
             saith
             )
             that
             they
             be
             all
             of
             them
             rightly
             ,
             inform'd
             .
          
           For
           which
           reason
           though
           he
           conceal'd
           it
           from
           the
           King
           ,
           yet
           he
           meant
           ,
           that
           the
           reformation
           of
           any
           of
           those
           three
           powers
           ,
           according
           to
           the
           Covenant
           must
           be
           judged
           &
           reformed
           afterwards
           ,
           by
           some
           other
           body
           of
           men
           here
           not
           named
           .
           For
           I
           conceive
           that
           he
           who
           is
           ultimatly
           to
           judge
           of
           the
           Reformation
           and
           of
           its
           publique
           obligation
           ,
           judgeth
           likewise
           of
           the
           reformers
           themselves
           though
           never
           so
           high
           or
           never
           so
           low
           ;
           and
           to
           this
           strange
           opinion
           he
           would
           faine
           intitle
           two
           English
           Episcopall
           Champions
           
             Bilson
          
           and
           
             Iewell
             .
          
        
         
           Here
           I
           must
           confesse
           I
           was
           at
           a
           stand
           ,
           concerning
           the
           nature
           and
           interest
           of
           the
           Covenant
           ,
           and
           was
           sorry
           to
           see
           that
           I
           was
           no
           plainlyer
           told
           whether
           it
           would
           carry
           me
           (
           laden
           with
           so
           great
           a
           curse
           )
           nor
           where
           it
           would
           set
           me
           downe
           .
           At
           last
           I
           found
           in
           the
           same
           Author
           .
           32.33
           .
           Speaking
           of
           the
           subordination
           of
           powers
           ,
           under
           which
           people
           were
           finally
           to
           obey
           ,
           That
           he
           would
           not
           willingly
           
           tell
           his
           Majesty
           ,
           whether
           the
           Church
           was
           subordinate
           to
           the
           civill
           power
           ,
           either
           to
           King
           or
           to
           Parliament
           ,
           or
           to
           both
           :
           For
           (
           quoth
           he
           )
           
             I
             utterly
             desol●ima
             such
             a
             headship
             as
             the
             Kings
             of
          
           England
           
             have
             claimed
             ,
             or
             such
             a
             supremacy
             as
             the
             Houses
             of
             Parliament
             crave
             ,
             with
             appeales
             from
             Ecclesiastiall
             Iudicature
             to
             themselves
             .
          
        
         
           No
           man
           may
           thinke
           but
           Mr.
           
             Henderson
          
           meant
           this
           for
           the
           jurisdiction
           of
           England
           ,
           
           as
           well
           as
           of
           Scotland
           ,
           for
           hee
           spake
           of
           Houses
           of
           Parliament
           which
           were
           plurall
           in
           England
           onely
           ;
           and
           though
           it
           may
           seeme
           strange
           at
           the
           first
           view
           ,
           to
           heare
           one
           say
           ,
           that
           the
           Scotch
           Nation
           state
           the
           supremacy
           of
           England
           in
           their
           Country
           ,
           or
           that
           they
           endeavour
           a
           direct
           change
           of
           Government
           ,
           here
           ,
           (
           which
           they
           have
           indirectly
           attempted
           for
           a
           long
           while
           .
           )
           let
           every
           man
           judge
           not
           by
           our
           subtilties
           ,
           but
           by
           the
           Kirkes
           Declaration
           ,
           27
           July
           ,
           1649
           ,
           p.
           11.12
           .
           Their
           words
           are
           ,
           
             That
             their
             King
             after
             his
             Oath
             of
             Coronation
             in
          
           Scotland
           ,
           
             shall
             assure
             them
             under
             his
             hand
             and
             seale
             ,
             to
             injoyne
             the
             solmne
             League
             and
             Covenant
             ,
             establish
             and
             practise
             the
             Prerbyteriall
             Government
             ,
             Directory
             ,
             Confession
             and
             Catechisme
             ,
             as
             they
             are
             approved
             by
             the
             severall
             Assemblies
             of
             their
             Kirke
             and
             Parliament
             ,
             in
             ALL
             HIS
             DOMINIONS
             ,
             and
             that
             he
             shall
             never
             endeavour
             any
             change
             thereof
             .
          
        
         
           No
           man
           will
           say
           but
           States
           like
           judges
           ought
           to
           act
           ,
           
           
             ex
             bono
             &
             aequo
          
           conjunctively
           .
           So
           that
           though
           these
           things
           which
           here
           they
           would
           impose
           upon
           us
           perpetually
           ,
           were
           never
           so
           good
           ,
           yet
           they
           being
           unequitably
           deriv'd
           upon
           us
           from
           their
           supreame
           judicatory
           (
           in
           whose
           possession
           we
           are
           not
           so
           fully
           now
           ,
           as
           they
           were
           last
           yeare
           in
           ours
           )
           we
           ought
           to
           abominate
           their
           designe
           ,
           as
           much
           as
           they
           might
           the
           like
           obtrusion
           of
           their
           Presbitery
           from
           hence
           ,
           without
           power
           there
           to
           rectifie
           it
           ever
           after
           .
           For
           these
           Presbiterians
           with
           us
           grant
           ▪
           That
           good
           and
           lawfull
           things
           may
           not
           be
           practiz'd
           under
           a
           power
           unlawfull
           ,
           as
           they
           say
           the
           Scots
           would
           be
           here
           .
        
         
           However
           here
           I
           at
           last
           found
           who
           was
           my
           supream
           right
           Magistrate
           in
           the
           Kirk●
           sence
           ,
           but
           then
           I
           conceiv'd
           I
           was
           in
           
           a
           great
           snare
           ,
           because
           I
           
             saw
             the
          
           jus
           publicum
           
             of
             a
             Kingdome
             totally
             though
             secretly
             changed
             .
          
           I
           saw
           all
           things
           of
           direct
           religion
           ,
           and
           whatsoever
           related
           collaterally
           to
           its
           security
           ,
           lodged
           there
           ,
           and
           by
           the
           Kirke
           prejudged
           from
           the
           judgement
           of
           all
           other
           authorities
           in
           Scotland
           especially
           .
           But
           because
           religion
           and
           its
           security
           draws
           in
           all
           humane
           concernments
           ,
           and
           that
           two
           supreame
           collaterall
           powers
           cannot
           stand
           in
           one
           and
           the
           same
           place
           ,
           in
           the
           same
           time
           ,
           for
           the
           same
           person
           ,
           but
           for
           contrary
           actions
           ,
           therefore
           I
           knew
           not
           whither
           of
           the
           two
           supreame
           powers
           the
           Ecclesiasticall
           or
           the
           Civill
           I
           should
           in
           this
           case
           throw
           away
           ,
           
           for
           they
           could
           not
           in
           this
           contest
           by
           the
           judgement
           of
           any
           be
           both
           obeyed
           together
           ;
           and
           I
           stood
           in
           a
           miserable
           case
           betwixt
           a
           Jaylour
           and
           a
           Devill
           the
           Kirke
           giving
           me
           to
           the
           Devill
           if
           I
           obeyed
           the
           Civill
           power
           and
           the
           Civill
           power
           giving
           me
           to
           the
           Jaylour
           if
           I
           obey'd
           the
           Kirke
           ,
           which
           was
           (
           to
           speake
           the
           truth
           )
           the
           State
           of
           the
           whole
           Kingdome
           of
           Scotland
           last
           yeare
           ,
           betwixt
           the
           the
           Kirkes
           excommunication
           ,
           and
           the
           Parliaments
           Order
           which
           authoriz'd
           Duke
           
             Hamiltons
          
           expedition
           ,
           in
           Vindication
           of
           the
           Covenant
           here
           :
           In
           which
           difference
           we
           have
           no
           reason
           but
           to
           like
           the
           effect
           ,
           however
           we
           may
           dislike
           such
           a
           cause
           here
           .
        
         
           Wherefore
           to
           answer
           this
           ●scruple
           ,
           I
           positively
           say
           ,
           That
           in
           whatsoever
           is
           of
           Pact
           betwixt
           man
           and
           man
           ,
           or
           of
           policy
           in
           the
           Covenant
           ,
           I
           ought
           solely
           to
           follow
           the
           civill
           Magistrate
           ,
           and
           the
           Church
           here
           ought
           to
           follow
           the
           Magistrate
           likewise
           ,
           as
           a
           case
           relating
           to
           the
           disquits
           to
           the
           warres
           ,
           and
           to
           the
           recovering
           the
           peace
           of
           earthly
           Kingdomes
           :
           If
           otherwise
           ,
           then
           the
           civil
           jurisdiction
           ought
           clearely
           to
           be
           managed
           by
           the
           Ecclesiastique
           ;
           which
           is
           stated
           so
           no where
           (
           that
           I
           know
           of
           )
           but
           in
           Romagna
           and
           Dutchy
           of
           Ferrara
           and
           the
           other
           places
           belonging
           to
           the
           Pope
           .
           This
           I
           speak
           not
           as
           desirous
           to
           detract
           any
           thing
           from
           the
           sacred
           function
           of
           the
           Ministery
           as
           it
           containes
           it selfe
           in
           its
           own
           function
           ,
           no
           man
           being
           able
           rationally
           to
           object
           any
           thing
           wherefore
           some
           might
           
           not
           
             ex
             Officio
             ,
          
           be
           deputed
           to
           excite
           others
           to
           vertue
           and
           sanctity
           of
           life
           .
           But
           yet
           who
           can
           say
           they
           are
           not
           subject
           to
           the
           infirmities
           of
           ambition
           ,
           avarice
           ,
           and
           severe
           passions
           as
           well
           as
           other
           men
           ?
           or
           have
           not
           our
           Antagonists
           (
           whether
           they
           would
           or
           no
           )
           observ'd
           them
           in
           these
           cases
           of
           worldly
           rights
           and
           interests
           ,
           to
           have
           as
           oppositly
           ,
           yet
           as
           peremtorily
           differ'd
           one
           from
           another
           ,
           as
           people
           of
           any
           family
           ever
           did
           ?
           The
           Devill
           not
           being
           able
           to
           get
           the
           Text
           on
           his
           side
           ,
           by
           his
           wiles
           oft
           got
           the
           commentary
           ,
           so
           that
           we
           are
           to
           be
           excus'd
           ,
           if
           we
           hold
           many
           things
           in
           Church-men
           ,
           to
           be
           but
           as
           an
           Apohrypha
           at
           best
           ,
           which
           yet
           for
           esteem
           sake
           is
           alloted
           a
           place
           before
           anything
           else
           ,
           next
           after
           the
           genuine
           Text
           ,
        
         
           Having
           thus
           openly
           stated
           the
           scruples
           of
           my
           own
           and
           of
           many
           more
           consciences
           ,
           and
           to
           take
           off
           maskes
           not
           from
           the
           faces
           ,
           but
           from
           the
           consciences
           of
           these
           three
           ,
           and
           the
           multitude
           of
           other
           Scotch
           Casnists
           ,
           who
           have
           talkt
           so
           speciously
           for
           our
           Covenant
           ,
           Vindication
           of
           an
           Heirs
           just
           Title
           ,
           our
           submitting
           to
           it
           ,
           and
           joyning
           with
           others
           immediately
           ,
           
           least
           right
           suffer
           wrong
           one
           day
           ;
           I
           cannot
           (
           I
           say
           )
           but
           aske
           the
           same
           men
           plainly
           ;
           
             What
             difference
             in
             effect
             they
             find●
             ,
             betwixt
             the
             Titles
             and
             right
             of
             the
             Prince
             of
          
           Wales
           ,
           
             and
             of
             the
             n●w
             King
             of
          
           Scotland
           ,
           
             notwithstanding
             all
             their
             obligation
             of
             Covenant
             ,
             to
             submit
             to
             him
             as
             such
             ?
          
        
         
           It
           is
           not
           enough
           by
           Covenant
           to
           preserve
           an
           aery
           Title
           onely
           to
           a
           Prince
           ,
           and
           by
           the
           same
           Covenant
           ,
           to
           suspend
           all
           the
           rest
           of
           his
           solid
           power
           ,
           and
           right
           ?
           certain●ly
           his
           Royall
           commands
           (
           notwithstanding
           all
           this
           talke
           )
           are
           no
           more
           obey'd
           in
           Scotland
           now
           ,
           then
           the
           Episcopall
           commands
           of
           our
           Countryman
           ,
           the
           Bishop
           of
           
             C●alcedon
          
           are
           now
           obey'd
           in
           
             Turkey
             .
          
           
        
         
           But
           what
           hinders
           him
           from
           exercising
           any
           Kingly
           right
           in
           Scotland
           as
           yet
           ?
           The
           Covenant
           which
           is
           not
           yet
           satisfied
           .
           How
           is
           it
           then
           ,
           that
           some
           of
           our
           Presbyterians
           say
           ,
           that
           the
           same
           Covenant
           indispensably
           opens
           the
           doore
           to
           him
           here
           ?
           If
           the
           ●ing
           aske
           the
           Scots
           why
           they
           put
           the
           Law
           of
           the
           Covenant
           so
           to
           his
           obedience
           ,
           〈◊〉
           the
           
           first
           thing
           which
           determines
           all
           his
           other
           rights
           afterwards
           ?
           They
           can
           onely
           say
           ,
           that
           they
           swore
           it
           in
           his
           Fathers
           raigne
           ,
           and
           it
           is
           now
           eternall
           .
           Though
           I
           censure
           nothing
           here
           ,
           yet
           I
           cannot
           but
           conclude-hence
           ;
           That
           they
           of
           themselves
           ,
           as
           well
           as
           our
           Parliament
           ,
           have
           made
           a
           Law
           above
           all
           other
           Lawes
           ,
           (
           and
           more
           then
           a
           reformable
           
             Magna
             Charta
          
           )
           For
           the
           Government
           of
           the
           Kingdome
           which
           may
           be
           exercised
           according
           to
           it
           ,
           without
           Kings
           ,
           and
           against
           Kings
           .
        
         
           
           The
           first
           thing
           which
           was
           ever
           offer'd
           to
           him
           from
           the
           Kingdome
           of
           Scotland
           ,
           was
           an
           authority
           by
           far
           transcending
           his
           own
           ,
           
             viz.
          
           that
           of
           excommunication
           .
           For
           (
           as
           their
           late
           proceedings
           with
           him
           at
           the
           
             Hagu●
          
           shew
           )
           hee
           was
           by
           that
           subtilty
           tryed
           whether
           he
           would
           refuse
           first
           to
           acknowledge
           
             Iames
             Graham
             (
             alias
             Montrosse
             )
          
           or
           that
           great
           power
           of
           the
           Churches
           ,
           
           by
           which
           he
           might
           be
           awed
           to
           greater
           things
           afterwards
           .
           To
           backe
           this
           likewise
           the
           Commissioners
           of
           the
           Synode
           said
           (
           p.
           22
           )
           that
           they
           negotiated
           with
           him
           in
           a
           capacity
           altogether
           ,
           
           distinct
           from
           the
           Commissioners
           of
           Parliament
           ,
           as
           being
           persons
           commissioned
           by
           the
           Kirke
           ,
           which
           is
           commisioned
           with
           a
           
             Iusdivinum
          
           Our
           Bishops
           certainly
           never
           undertook
           such
           a
           jurisdiction
           &
           supremacy
           ,
           and
           unlesse
           these
           had
           witnessed
           so
           much
           of
           themselves
           to
           all
           the
           world
           ,
           no
           one
           would
           believe
           that
           in
           such
           a
           poore
           Country
           ,
           and
           so
           much
           forme
           of
           Religion
           ,
           there
           could
           be
           such
           high
           passions
           of
           ambition
           .
        
         
           Besides
           if
           it
           be
           a
           true
           rule
           ,
           That
           he
           who
           is
           the
           maker
           ,
           ought
           to
           be
           the
           interpreter
           of
           a
           Law
           ,
           then
           let
           all
           the
           world
           observe
           one
           thing
           ,
           That
           the
           Kirk
           having
           made
           the
           Covenant
           (
           as
           the
           principle
           of
           all
           supream
           rights
           both
           of
           State
           and
           Religion
           )
           then
           they
           alone
           ought
           to
           give
           the
           interpretation
           of
           it
           from
           time
           to
           time
           ;
           as
           they
           
             de
             facto
          
           did
           not
           onely
           last
           yeare
           ,
           contrary
           to
           the
           interpretation
           of
           their
           owne
           Parliament
           ,
           but
           also
           for
           many
           yeares
           together
           have
           peremptorily
           prest
           it
           upon
           ours
           :
           So
           that
           it
           makes
           a
           fundamentall
           change
           of
           Government
           there
           ,
           though
           differently
           from
           what
           our
           Parliament
           hath
           made
           
           here
           ,
           the
           
             jus
             publicum
          
           both
           of
           Religion
           and
           security
           of
           State
           with
           them
           ,
           lying
           in
           the
           Covenant
           ,
           and
           that
           lying
           in
           the
           brests
           of
           Churchmen
           ,
           chosen
           by
           one
           another
           :
           and
           our's
           lying
           in
           the
           power
           of
           Laymen
           ,
           chosen
           by
           the
           People
           ,
           and
           judging
           by
           the
           Common
           Lawes
           of
           equity
           and
           necessity
           ,
           and
           of
           the
           word
           of
           God
           .
        
         
           It
           were
           in
           vaine
           to
           say
           
             the
             Kirke
             onely
             recommends
             their
             interpretation
             to
             the
             State
             .
          
           
           For
           last
           yeare
           they
           did
           it
           with
           a
           
             Penalty
          
           upon
           the
           Parliament
           ,
           their
           whole
           Army
           ,
           and
           the
           body
           of
           the
           people
           which
           obey'd
           them
           ;
           if
           it
           be
           a
           penalty
           to
           bee
           given
           to
           the
           Devill
           ,
           and
           to
           bee
           put
           into
           a
           State
           of
           eternall
           death
           .
           Wherefore
           they
           there
           are
           ,
           (
           or
           else
           none
           are
           anywhere
           )
           the
           true
           judges
           of
           right
           ,
           who
           make
           themselves
           judges
           of
           wrong
           and
           of
           punishment
           .
        
         
           
             To
             conclude
             how
             practicable
             soever
             the
             Covenant
             was
             at
             first
             ,
          
           
           
             or
             how
             erroneously
             soever
             we
             may
             now
             conceive
             it
             to
             be
             extinct
             ,
             or
             to
             be
             a
             principle
             fitted
             to
             justify
             a
             change
             of
             Kingly
             Government
             ,
             which
             was
             actually
             made
             first
             of
             all
             by
             it
             and
             their
             Presbytery
             in
             Scotland
             ;
             yet
             it
             being
             originally
             but
             a
             Politicall
             or
             condition
             all
             Oath
             ,
             relating
             to
             our
             former
             Unions
             when
             Warre
             w●
             ,
             and
             to
             our
             cooperation
             under
             our
             respective
             Magistrates
             only
             ,
             not
             in
             a
             way
             contrary
             to
             the
             fifth
             Commandment
             ;
             and
             that
             all
             the
             Magistracy
             which
             we
             enjoy
             ,
             and
             by
             whom
             we
             are
             now
             fully
             possest
             ,
             if
             they
             have
             not
             laid
             it
             aside
             ,
             yet
             call
             us
             not
             out
             to
             act
             the
             remaining
             part
             of
             it
             ;
             and
             that
             it
             interprets
             not
             it selfe
             :
             so
             that
             each
             private
             man
             is
             not
             made
             by
             it
             his
             owne
             Magistrate
             ;
             and
             that
             there
             is
             no
             penal
             Article
             in
             it
             obliging
             us
             private
             men
             to
             pursue
             a
             publique
             Warre
             upon
             the
             Magistrates
             ,
             or
             any
             other
             mens
             bare
             neglect
             or
             misinterpreting
             it
             to
             themselves
             ;
             who
             therefore
             can
             contrary
             to
             all
             this
             ,
             peremptorily
             warrant
             us
             now
             ,
             yea
             necessitate
             us
             to
             begin
             ,
             or
             assist
             to
             the
             desolation
             of
             warre
             and
             bloodshed
             upon
             it
             ?
             especially
             seeing
             it
             is
             made
             very
             dubious
             at
             least
             whither
             we
             be
             now
             tyed
             to
             it
             at
             all
             or
             no
             :
             Further
             more
             how
             good
             so
             ever
             it
             was
             at
             first
             ,
             yea
             though
             that
             other
             Nation
             had
             not
             given
             it
             it
             's
             mortall
             wound
             ,
             when
             they
             attempted
             to
             give
             us
             ours
             ,
             both
             in
             England
             and
             in
             Ireland
             ,
             (
             which
             was
             the
             cause
             of
             this
             effect
             of
             change
             of
             Government
             here
             )
             yet
             if
             when
             it
             was
             in
             force
             ,
             it
             should
             any
             other
             way
             have
             received
             a
             bad
             tincture
             of
             passion
             or
             ambitious
             policy
             among
             
             our selves
             ,
             why
             might
             it
             not
             by
             our
             Magistrates
             order
             ,
             have
             been
             as
             well
             carried
             out
             of
             our
             Churches
             as
             the
             brazen
             Serpent
             was
             out
             of
             the
             Temple
             ,
             after
             it
             was
             unhappily
             perverted
             to
             its
             wrong
             end
             ?
             If
             otherwise
             ,
             and
             that
             it
             must
             at
             all
             hazards
             be
             indirectly
             made
             a
             snare
             to
             peaceable
             consciences
             even
             after
             it
             is
             extinct
             (
             as
             hath
             been
             proved
             )
             I
             shall
             desire
             any
             pious
             spirit
             to
             judge
             ,
             whither
             it
             doth
             not
             in
             such
             a
             case
             deserve
             much
             of
          
           Campanellas
           
             censure
             which
             he
             gave
             upon
             the
             Spanyards
             India
             Treasury
             ,
             that
             it
             was
             gotten
             in
             blood
             ,
             sailes
             home
             in
             a
             sea
             of
             blood
             ,
             and
             never
             rests
             till
             it
             be
             all
             laid
             out
             in
             blood
             .
          
        
         
           The
           Reader
           may
           be
           pleased
           to
           take
           notice
           that
           though
           these
           replyes
           for
           the
           most
           part
           touch
           but
           on
           simple
           obedience
           to
           a
           Government
           supposed
           unlawfull
           ,
           but
           commanding
           lawfull
           things
           ,
           yet
           they
           virtually
           extend
           to
           our
           acting
           under
           such
           a
           Government
           .
           It
           is
           to
           be
           presumed
           that
           our
           adversaries
           not
           contesting
           profestly
           what
           hath
           been
           publiquely
           argued
           in
           that
           point
           ,
           do
           conceive
           the
           difficulties
           of
           acting
           under
           involved
           in
           those
           of
           our
           submission
           to
           such
           a
           power
           .
           The
           distinction
           of
           
             Active
          
           and
           
             Passive
             obedience
             ,
          
           is
           but
           a
           nicety
           ,
           and
           if
           one
           be
           not
           a
           sin
           ,
           the
           other
           is
           not
           .
           They
           are
           in
           a
           manner
           the
           same
           thing
           ,
           derive
           from
           the
           same
           Principle
           ,
           and
           differ
           but
           gradually
           ,
           just
           as
           the
           morning
           and
           the
           noone
           light
           do
           ,
           which
           derive
           both
           from
           the
           same
           planet
           .
           For
           he
           who
           takes
           paines
           to
           furnish
           in
           a
           ●axe
           ,
           and
           he
           who
           tooke
           paines
           to
           execute
           the
           office
           of
           a
           Judge
           or
           of
           a
           Justice
           of
           peace
           in
           honest
           things
           by
           vertue
           of
           Commissions
           and
           Orders
           from
           the
           same
           supreame
           (
           but
           illegall
           )
           Magistracy
           ,
           doe
           both
           of
           them
           what
           they
           doe
           ,
           by
           vertue
           of
           the
           same
           originall
           submission
           which
           is
           a
           passive
           obedience
           .
           If
           this
           be
           otherwise
           ,
           then
           (
           according
           to
           these
           authors
           opinion
           )
           we
           and
           all
           our
           forefathers
           have
           sinned
           ,
           in
           obeying
           those
           actively
           or
           passively
           ,
           who
           by
           unjust
           usurpation
           have
           come
           betwixt
           us
           and
           them
           ,
           who
           derive
           from
           the
           first
           who
           were
           in
           compact
           ,
           unlesse
           the
           Lapse
           of
           time
           can
           justifie
           the
           viciousnesse
           of
           an
           action
           (
           which
           is
           impossible
           )
           or
           that
           we
           may
           lawfully
           obey
           those
           who
           plenarily
           possesse
           and
           protect
           us
           ,
           and
           command
           us
           lawfull
           things
           .
        
         
           FINIS
           .
        
      
    
     
       
         
           ERRATA
           .
           p.
           2.
           losse
           ,
           r.
           loose
           .
           imperciptibly
           r.
           imperceptibly
           .
           insinuation
           r.
           insinuations
           .
           
             p.
          
           2.
           l.
           2.
           may
           be
           not
           r.
           may
           not
           be
           ,
           beholding
           r.
           beholden
           .
           p.
           6.
           heneration
           ,
           r.
           generation
           p.
           7.
           but
           in
           one
           ,
           r
           &
           in
           one
           p.
           9.
           understand
           ,
           r.
           understood
           .
           offices
           r.
           officers
           .
           p.
           10.
           a
           businesses
           ,
           r.
           busines
           ,
           p.
           11.
           pretends
           r.
           pretend
           ,
           thereof
           r.
           therefore
           .
           p.
           13.
           but
           it
           is
           a
           contradiction
           r.
           is
           it
           a
           contradiction
           .
           p.
           14.
           for
           detain'd
           r.
           attain'd
           for
           dislove
           ,
           r.
           disolve
           .
           p.
           15.
           best
           to
           take
           heed
           r.
           best
           take
           heed
           p.
           16.
           
           King
           r.
           Kings
           .
           p.
           17.
           purpose
           r.
           propose
           .
           p.
           19.
           found
           r.
           swound
           .
           p.
           22.
           at
           last
           r.
           at
           least
           .
           p.
           31.
           drive
           r.
           derive
           .
           p.
           33.
           ply
           ,
           r.
           comply
           ,
           for
           or
           ,
           r.
           nor
           p.
           34.
           large
           ,
           r.
           subjection
           .
           p.
           39.
           person
           r.
           persons
           next
           r.
           rest
           .
           p.
           4
           r.
           change
           r.
           chance
           .
           p.
           42.
           true
           to
           religion
           r.
           to
           true
           religion
           .
           p48
           .
           dispence
           him
           of
           it
           ,
           r.
           dispence
           with
           him
           for
           it
           .
        
         
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A57691e-80
           
             whence
             the
             difficulty
             of
             perswading
             civill
             truth
             .
          
           
             ●irst
             Demur
             .
          
           
             Demur
             .
             p
             6.
             case
             of
             Con.
             p.
             3.7
             .
             ●
          
           
             Pag.
             2.
             
          
           
             The
             end
             of
             Magistracy
             ,
             subsevient
             to
             the
             end
             of
             our
             being
             .
          
           
             All
             justice
             or
             just
             things
             relate
             not
             essentially
             to
             the
             legall
             Magistrate
             .
          
           
             Of
             commutative
             justice
             Vid.
             p.
             26.35
             .
          
           
             1
             Cor.
             6.
             of
             distributive
             justice
             .
          
           
             This
             present
             Parliament
             is
             effectually
             a
             Parliament
             .
          
           
             Vid
             p.
             18.
             
          
           
             Necessity
             above
             formes
             of
             ,
             Government
             .
          
           
             The
             difference
             betwixt
             conquest
             &
             victory
             
          
           
             Vid.
             p.
             33.
             
          
           
             Object
             .
          
           
             
               Answer
               .
            
          
           
             The
             State
             of
             Kingdoms
             as
             separated
             ,
             and
             as
             mixt
             in
             themselves
             .
          
           
             Of
             the
             Ri●ht
             of
             War
             betwixt
             Fundamentall
             Parties
             .
          
           
             
               page
            
             9.
             
          
           
             Of
             the
             House
             of
             Lords
             .
          
           
             Of
             Secluded
             Members
             .
          
           
             The
             negative
             when
             prevalent
             in
             equall
             partnarship
             .
          
           
             Whither
             the
             transactions
             of
             the
             legall
             number
             of
             the
             house
             be
             invaled
             ,
             when
             any
             members
             are
             forct
             away
             ?
          
           
             Of
             the
             present
             consent
             of
             the
             Major
             part
             of
             the
             People
             .
          
           
             
               Ob.
               
            
          
           
             
               Answ.
               
            
          
           
             Whither
             the
             present
             power
             be
             the
             suprem
             ?
          
           
             Whither
             it
             be
             a
             Parliament
             ?
          
           
             Object
             .
          
           
             
               Ans.
               
            
          
           
             The
             case
             of
             the
             Kings
             comming
             to
             the
             house
             of
             Commons
             not
             parallel
             .
          
           
             The
             case
             of
             the
             apprentices
             entring
             and
             forcing
             the
             house
             not
             parallel
             .
          
           
             The
             Parl.
             votes
             against
             force
             ,
             still
             observed
             &
             are
             the
             same
             still
             .
          
           
             VVhy
             actions
             of
             Government
             must
             change
             .
          
           
             How
             wrong
             hath
             been
             fitted
             for
             a
             title
             .
             〈…〉
             Bac.
             H.
             7.
             
          
           
             
               Ob.
               
            
          
           
             Object
             .
          
           
             Of
             toleration
             .
          
           
             
               Ob.
               
            
          
           
             
               Ans.
               
            
          
           
             The
             magistrate
             in
             a
             state
             ,
             not
             as
             a
             Father
             of
             a
             Family
             .
          
           
             VVhy
             states
             cannot
             looke
             so
             strictly
             after
             vertue
             ,
             as
             after
             publique
             quiet
             
          
           
             
               O●
               .
            
          
           
             Ob.
             
          
           
             
               Ans.
            
             Of
             the
             Ecclips
             suspention
             and
             extinction
             of
             supream
             powers
             .
          
           
             The
             union
             of
             people
             to
             a
             GoVernment
             not
             like
             a
             marriage
             .
          
           
             
               Obj.
               
            
          
           
             
               Ans.
            
             A
             King
             of
             England
             ,
             why
             not
             as
             a
             husband
             to
             the
             people
             of
             England
             .
          
           
             
               Ob.
               
            
          
           
             
               Answ.
               
            
          
           
             Of
             taking
             away
             the
             Kings
             life
             .
          
           
             
               Ob.
               
            
          
           
             
               Ans.
            
             Of
             obedience
             for
             wrath
             ,
             and
             for
             conscience
             sake
             .
          
           
             Tyrants
             in
             titles
             from
             whom
             .
          
           
             Of
             our
             lawfull
             submission
             to
             a
             Magistrate
             who
             rules
             by
             Gods
             permissive
             will
             
          
           
             
               Ob.
               
            
          
           
             
               Ans.
            
             Obedience
             necessary
             to
             lawfull
             and
             unlawfull
             powers
             how
             different
             .
          
           
             How
             we
             may
             have
             a
             right
             to
             take
             what
             another
             may
             not
             have
             aright
             to
             give
             .
          
           
             The
             difference
             betwixt
             privat
             Title
             and
             publique
             .
          
           
             Of
             possession
             .
          
           
             
               Object
               .
            
          
           
             
               Answer
               .
            
          
           
             Of
             supream
             powers
             altering
             themselves
             by
             joynt
             concurrence
             .
          
           
             How
             seperatly
             
          
           
             
               Ob.
               
            
          
           
             
               Ans.
               
            
          
           
             Demur
             p.
             8.
             
          
           
             Of
             non
             obedience
             .
          
           
             
               Ob.
               
            
          
           
             
               Ans.
               
            
          
           
             What
             time
             makes
             a
             form'd
             Government
             .
          
           
             
               Obj.
               
            
          
           
             
               Ans.
               
            
          
           
             Our
             condition
             different
             from
             Israels
             betwixt
             David
             and
             Absalom
             .
          
           
             Obedience
             to
             false
             Governours
             in
             the
             right
             or
             wrong
             Government
             varies
             not
             the
             sin
             of
             obedience
             .
          
           
             Wherein
             Caesars
             case
             &
             the
             Parl.
             disagree
             
          
           
             Wherein
             Cesars
             case
             &
             the
             Parl.
             agree
             ,
             as
             to
             justifie
             our
             obedience
             .
          
           
             
               Obj.
               
            
          
           
             
               Ans.
               
            
          
           
             In
             what
             sen●●
             the
             present
             submission
             〈◊〉
             legall
             .
          
           
             Of
             the
             〈◊〉
             evidence
             of
             〈◊〉
             ri●●ts
             ,
             to
             as
             to
             satisfie
             con●●●e●ce
             for
             actions
             of
             w●r
             u●on
             them
             .
          
           
             
               Ob.
               
            
          
           
             
               Ans.
               
            
          
           
             Object
             .
             Demn
             .
             p.
             5.
             
          
           
             
               Ans.
            
             Obedience
             some
             times
             asserts
             not
             a
             Title
             but
             power
             .
          
           
             They
             who
             obey
             a
             wrong
             authority
             r●bbe
             not
             the
             ri●h●●
             .
          
           
             
               Obj.
               
            
          
           
             
               Ans.
               
            
          
           
             Of
             the
             recovery
             of
             dubious
             Rights
             ,
             and
             the
             benefit
             which
             people
             get
             by
             most
             warres
             .
          
           
             
               Obj.
               
            
          
           
             
               Answer
               .
            
             The
             case
             of
             the
             Master
             of
             the
             Ship
             thrown
             over
             board
             .
          
           
             
               Ob.
               
            
          
           
             
               Answ.
               
            
          
           
             Whether
             we
             be
             actually
             in
             the
             unsettlement
             &
             deepes
             which
             he
             supposes
             ?
          
           
             When
             the
             whole
             body
             may
             be
             hazarded
             for
             a
             disperate
             remedy
             &
             when
             not
             .
          
           
             1
             Joh.
             3.17
             .
          
        
         
           Notes for div A57691e-4960
           
             we
             are
             still
             obliged
             to
             many
             things
             of
             the
             Covenant
             but
             not
             
               qua
            
             league
             or
             Covenant
             .
          
           
             Of
             promissory
             ●nd
             assertory
             Oathes
             .
          
           
             VVhither
             a
             promissory
             Oath
             ,
             which
             alwaies
             involves
             a
             Tacite
             condition
             ,
             be
             lawfull
             .
          
           
             
               Ob.
               
            
          
           
             
               Ans.
               
            
          
           
             Gen.
             24.2.34
             .
          
           
             Of
             tacite
             conditions
             in
             Oathes
             concerning
             things
             possible
             .
          
           
             The
             obligation
             of
             a
             pact
             ,
             or
             promise
             with
             an
             Oath
             ,
             or
             without
             an
             Oath
             ,
             is
             all
             one
             
          
           
             1
             K●ngs
             2
             20.
             21.22
             .
             1
             Sam.
             25.22
             Jo.
             ●
             .
             10
             .
             Gen.
             24.2.3.4
             
          
           
             
               Argu.
               
            
          
           
             The
             Covenant
             a
             politicall
             or
             State
             Oath
             .
          
           
             The
             subordinate
             conditions
             of
             this
             Oath
             .
          
           
             
               Ob.
               
            
          
           
             
               Ans.
               
            
          
           
             O●
             change
             of
             ●●●●●nment
             ,
             〈◊〉
             the
             〈◊〉
             cause
             ,
             or
             as
             an
             effect
             of
             ●●●hers
             for●●●
             breach
             of
             Covenant
             can
             ●●●her
             way
             authorize
             us
             to
             〈◊〉
             against
             this
             Government
             .
          
           
             The
             Covenant
             obliges
             us
             not
             against
             the
             ●i●th
             Commandement
             .
          
           
             Page
             15.
             
          
           
             The
             Covena●●
             make
             〈◊〉
             eac●
             man
             a
             Magistrate
             .
          
           
             
               Obj.
               
            
          
           
             
               Ans.
               
            
          
           
             Num
             30.
             
             How
             a
             superiour
             may
             free
             an
             inferiour
             from
             ●n
             Oath
             even
             in
             that
             which
             belongs
             to
             God
             .
          
           
             The
             difference
             btewixt
             this
             our
             league
             and
             those
             of
             Prince●
             for
             authorizing
             war
             
          
           
             The
             obligation
             of
             the
             Covenant
             ,
             how
             lesse
             then
             the
             obligation
             of
             a
             ●ra
             
          
           
             War
             how
             an
             unjust
             penalty
             for
             the
             meere
             breach
             of
             Covenant
             .
          
           
             Object
             .
          
           
             
               Ans.
               
            
          
           
             Of
             the
             obligation
             of
             such
             a
             promise
             as
             may
             be
             fulfill'd
             solely
             by
             the
             promiser
             .
          
           
             
               Ob.
               
            
          
           
             
               Answ.
               
            
          
           
             Of
             the
             obligation
             for
             preserving
             the
             Kings
             person
             by
             covenant
             .
          
           
             How
             the
             words
             of
             
               preservation
            
             in
             Covenant
             ,
             provided
             more
             for
             the
             Kings
             suffering
             ,
             then
             the
             words
             of
             punishment
             provided
             for
             Delinquents
             sufferings
             .
          
           
             
               Ob.
               
            
          
           
             
               Ans.
               
            
          
           
             How
             〈◊〉
             that
             the
             excluding
             member
             ,
             ought
             to
             be
             brought
             by
             〈◊〉
             before
             the
             excluded
             .
          
           
             
               Ob.
               
            
          
           
             
               Ans.
               
            
          
           
             The
             Coveant
             relates
             onely
             to
             a
             time
             of
             u●nion
             ,
             with
             and
             under
             the
             magistrate
             .
          
           
             How
             the
             league
             of
             nationall
             union
             came
             to
             be
             ended
             
          
           
             Of
             bringing
             those
             who
             would
             divide
             us
             to
             condigne
             punishment
             .
          
           
             The
             meaning
             of
             our
             
               utmost
               endeavours
               ,
            
             and
             of
             
               all
               the
               dayes
               of
               our
               lives
            
             in
             the
             Covenant
             .
          
           
             The
             Covenant
             how
             more
             then
             broke
             by
             the
             Scots
             hostility
             .
          
           
             
               Obj.
               
            
          
           
             
               Ans.
            
             whither
             the
             nationall
             breaking
             of
             one
             part
             of
             the
             Covenant
             put
             an
             end
             to
             the
             whole
             .
          
           
             
               Ob.
               
            
          
           
             
               Ans.
               
            
          
           
             The
             Covenant
             (
             of
             all
             oathes
             )
             interprets
             itselfe
             least
             ,
             especially
             in
             the
             positive
             Government
             ,
             which
             it
             would
             establish
             ,
             and
             in
             Religion
             .
          
           
             Though
             the
             Covenant
             were
             in
             Force
             ,
             yet
             a
             change
             of
             Government
             might
             be
             consistent
             with
             it
             .
          
           
             How
             the
             Covenant
             necessarily
             points
             at
             some
             change
             of
             Government
             .
          
           
             Scotch
             Presbytery
             fit
             for
             any
             Government
             but
             the
             kingly
             .
          
           
             The
             judgement
             ●●
             experience
             of
             
               Mary
            
             Queen
             of
             Scotland
             .
          
           
             Of
             King
             
               Iames
               .
            
          
           
             Of
             King
             
               Charles
            
             Vid.
             Scotch
             Declaration
             ,
             27
             July
             1649.
             p.
             14.
             
          
           
             Of
             the
             Prince
             .
          
           
             Vid.
             Decla
             .
             p.
             8.10
             .
          
           
             Scotch
             proceed
             ,
             at
             the
             
               Hague
            
             with
             the
             Prince
             ,
             
               p.
            
             14.15
             
          
           
             The
             supream
             power
             in
             Scotland
             in
             whom
             .
          
           
             How
             the
             Scots
             state
             the
             supremacy
             of
             England
             in
             Scotland
             .
          
           
             How
             the
             Scotch
             Presbyterians
             &
             ours
             oppose
             one
             another
             .
          
           
             Two
             supremacies
             in
             the
             same
             place
             ,
             how
             in●●●sistent
             .
          
           
             Whether
             atrue
             Title
             doth
             (
             according
             to
             Covenant
             )
             authorize
             obedience
             
          
           
             The
             King
             of
             ●
             Scotlands
             present
             case
             ,
             &
             the
             actual
             change
             of
             Government
             there
             by
             their
             interpretation
             of
             the
             covenant
             
          
           
             Against
             Kings
             .
          
           
             Page
             18.
             
          
           
             Page
             22.
             
          
           
             The
             interpretation
             of
             the
             Kirke
             is
             not
             recommendatory
             to
             the
             State
             
          
           
             The
             conclusion