AT your return into the Countrey, I received yours of the 10th instant, which signified your serious Debates, and Union in Parliament, in the matters which concern this Church and State. For this I thank you, and in this I re­joyce with you.

In your Letter you are pleased to put on me a task which you (know­ing me so wel) cannot but know, must needs be unpleasant to me, viz. To consider the Case of the Condemned Traitors now in the Tower, waiting for Execution; and impartially to communicate to you my thoughts, concerning the Security as to their Lives, which they chal­lenge, & some on their behalfs plead; the Question you have thus stated.

Whether the Condemned Traitors, who rendred themselves according to the Proclamation of his Majesty, and on trial stand Condemned, may with Justice and Honour to the King and Kingdom, be Executed upon a Bill or Act of Parliament to be past for that purpose.

Sir, I do not a little wonder you should charge this work on me, who indeed am yours to my power, but at such enmity with all Agents in that Barbarous Murther of our late King of glorious Memory, that I could with Tertullus accuse them, better then with Gamaliel make the least Apollogie (though never so Rational) for the Security of any one of them; How often have I imprecated God's vengeance on them? and attended the healths drunk to their confusion; triumph­ed in their Conviction and Condemnation; and fretted at the Re­prieves of their Execution? Must I now by your Command be constrained to appear Advocate for their Blood, which spilt many years since might have prevented the spilling much Gallant, Noble, English Blood? yea (and what is ten thousand times more pretious) the Royal Blood of the only Protestant King and Prince.

And really Sir, I should adventure a denial of your Demands (your desire deing so contrary to my Judgement) were I not awed into a compliance, by the transcendent splendor of his Majesties Clemency, conjuring down the spirit of revenge, and all vindictive thoughts, raised by the late Rebellion; but (presuming your enqui­ry to spring from the same Principle) I dare not but endeavour your Resolution.

Sir, I must in this undertaking enquire, in what sence, you under­stand [Page 4] the tearm Justice? If strictly and propperly as opposed to Wrong Who knows not that a Parliament (which may dispose of all our Lives at pleasure) may justly Execute those, whom the Law, by a ju­dicial and regular process, hath condemned? But forasmuch as sum­mum jus, warranted by our Laws, may seem (Jure Civili) to be sum­ma injuria; (as it was in the Case of the renouned Tho. Cromwel, con­cerning whose attainder by Parliament, a judicious Lawyer hath ad­vised, [...] Cooke. auserat oblivio si potest, si non ut cunque silentium tegat) I must conceive by Justice you mean Equity, the Bridle of summum, jus, or Truth opposed unto breach of Faith; Your concomitant Honour is my Conduit to this interpretation, and then your Querie is,

Whether the Condemned Prisoners, who rendred themselves upon the Pro­clamation of his Majesty, published by the Advice of his Parliament, being on Trial Convict, and Condemned, may with Equity, Truth, and Honour in King and Parliament, be Executed, on a Bill passed for that purpose.

Sir, the Resolve (my Judgement on deliberate thoughts doth com­pel me to give) to this Querie, is Negative, so repugnant to my for­mer fervor, and expressed desire, that I am reduced to the strait of the Lord Digbie in the Case of the late unhappy Earl of Strafford, and must express it in his words, I am still the same in mine opinions and af­fections [...] Dig­ [...] Speech [...]e House. [...] Com­ [...]s, 21. [...]l, 1641 to the Earl; I confidently believe him (them) the most dangerous Minister of State, the most unsupportable to free subjects that can be Cha­ractered; I believe his (their) Practices in themselves as high as ever Sub­ject ventured on; I believe him (them) the grand Apostate to the Common-wealth, who must not expect to be pardoned it, in this, till dispatched into ano­ther World; And yet let me tell you Sir, my hand must not be to that dis­patch; I protest as my Conscience stands informed, I had rather it were off.

Verily Sir, though these mens Crime is more obvious and notori­ous, (I humbly conceive) the reasons which supercede their Exe­cution, are more weighty then were or could be by any pleaded in the Case of that Honourable Person, whose quallity and singularity, with the Popular out-cry, might (had his Conviction been just and clear) have necessitated his Execution, who had no security for his Life save his Princes favour; whilst our condemned Prisoners cling close to the Faith and Honour of their Soveraign, to keep them from the Gallowes; which Sir, I must (in sobriety and plainness) tell you (if right reason must direct their Execution) will prevent their being turned off the Ladder, though they were tied up to the tree; and cause [Page 5] them to be led back to Prison, to be otherwise disposed at his Ma­jestis pleasure. But to come to the pinch of the Case, and Crisis of the Querie.

I read Sir in Justins History, the Medes (the Empire not yet ob­tained) Lib. 4. [...] made certain Cities tributary, and conceded to them Im­munities and Liberties, larger than the Empire would allow; which once possessed, it was disputed, Whether in Justice and Honour the for­mer indulged Priviledges must be maintained? to resolve which, this rule was dictated, Spectandum est, an in Conventione fidem Medorum elegissent. It is to be considered, Whether they chose, confided in the Faith of the Medes.

Sir, the Publick Faith of any People and Nation is the most sacred and inviolable Security that can be given; as the onely Bond of hu­mane Society, in so much that the Chosen, confided in sence thereof, beyond the intent of the persons plighting, or the strict constructions of the Words, must be maintained and oblige; as is evident in the case of the Gibeonites, on which a late Prelate of our Church doth Com­ment; Joshua might have taken advantage of their own words, & have said, Bishop [...] Contemplations, Page 91 [...] Grotius [...] jure Bell [...] Paeis. L [...] 2. Cap. 1 [...] Page 22▪ you are come from a far Country, these Cities are near, these are not there­fore the People to whom we are engaged; Israel had put in a direct Caveat against Vicinity; Joshuah's heart was far from making a League with a Canaanite: Yet were these Gibeonites (condemned in the directions given by God concerning the Canaanites) secured as to their Lives; though not other Concernments and their Execution 300 years after by the authority of King Saul, judged a perfideous murther, avenged by the Lord, and only expiated by the blood of the Executioners po­sterity.

If Sir, these have on any probable ground Chosen, confided in the Faith and Honour of our King and Kingdome; yet (whatsoever I have said in the heat of revenge) I cannot but (in cool blood) commend the deliberation of his Majesty and the Parliament, in the weighty matters of mens Lives, and confess, Secundae cogitationes sunt meliores.

For Sir, being put (by your Command) to consider these Tray­tors claim, I am constrained to conclude for, and not against their Lives; of which they must needs be judged unworthy.

The ground of these mens claim as to the security of their Lives, is the Proclamation of his Majesty the sixth of June, 1660. by ad­vice of the Lords and Commons then in Parliament assembled, the tenor whereof is thus.

To this Proclamation these men have Conformed, and within the time limited, according to the directions given, they rendred them­selves to Tryal; Confiding in the Faith and Honour of the King on the advice of his Lords and Commons assembled in Parliament, as their security to escape the penalty, so as not to be excepted from all Pardon; but that their Estates being taken, their Lives (being the all left them, and liable to Execution) they doubt not, the Grace of this Proclamation intended to preserve, to run out their course in Nature.

It must Sir, be granted, this Proclamation containeth no positive express terms, which might fully speak the intention of his Majesty, and his Parliament, toward the Lives of these Miscreants, and give an absolute indisputable security for them; nor indeed is this the Question; for this granted, voideth not their claim; which is only this, Fidem Anglorum in conventione Elegimus, we chose, confided in Englands Faith, in the Proclamation of the King on advice of Parliament. [...]tius de [...]e belli & [...]s lib. 2. [...] 13. pag. [...]. cap. 16. [...]. 251.

Sir, all Civilians determine, the words of any Covenant to bind in that sence which they understand and believe who are in them con­cerned, and to whom the security is by them engaged; otherwise ambiguous terms would fallaciously void all Covenants; and truly all human security, this (as I have before noted) was the case of the Gibeonites, beyond the intention and seeming expressions of Joshua and his Princes.

Sir, resolving my self into their Condition, to give a faithful and impartial Judgement (without passion or prejudice) on these mens claim; I humbly conceive there are many considerable things, which concurre and constitute this Royal Proclamation a full Moral security for their Lives, viz.

First, the Proclamation is penned in a stile of Clemency, and the words bear to these men a most favourable Aspect, being varied from the expressions usual in a meer summons to Judgement. For

1. It complains they were fled, obscured themselves, whereby they could not be apprehended and brought to a Personal and Legal Tryal; (not that they had escaped from Justice, the proper Plaint of a meer Summons) as if their Conviction and Condemnation were all inten­ded, whereupon they are required to appear and render themselves to Tryal (not to Justice) for this Proclamation can exspect no answer be­yond what it chargeth.

2. The Proclamation is Sub paenâ, under pain of being excepted from Pardon, saith the Title; any Pardon both for Life and Estate, saith the Body of it; with terms of discrimination, implying the one being accep­ted, the other might be avoided on due personal appearance. Seeing to be drawn, hanged, and quartered, was the due pain assigned by the Law for their Offence and Treason, exception from Pardon was a new pain, on the new Offence of their Latency and Escape from Tryal, which if it imply not an immunity on their appearance, I must confess I am to seek what it signifieth, or intended to express; and the Speech of King and Parliament must not be (vox & preterea nihil,) insignificant.

Sir, so rational is this ground of Claim, made by these Condemned persons, that the whole Parliament have on serious and mature de­bates (without once hearing these Delinquents Pleas) in a full formal Act of Parliament declared, That there were some conceived doubtful Act of demnity pag. 32 words in the said Proclamation; upon which the Persons who rendred themselves, and appeared according as was directed, did pretend to some Favour: Now Sir, who knoweth not that the doubtful terms of any Law must be expounded in favour to the Delinquent, Favores sunt ampliandi.

Sir, the terms in this Proclamation propound a new pain, on a new offence, corrigible within 14 dayes; and plainly imply some Favour, and an immunity from, and avoidancy of the pain; but to have their Lives spared, is the least of Favours which can be implyed, expe­cted or pretended unto, by the conceived doubtful words, which bear a favourable sound and Aspect, and so cleerly engage a publick Faith for the security of their miserable Life.

Secondly, Lex currit cum praxi, the Concomitants of this, Proclama­tion make the publick Faith a security for these mens Lives much more legible, by spelling and putting together these several Observations.

1. His Majesties Royal Declaration (in the time of his unjust [Page 8] Exile) ever excepted out of the general Pardon by him graciously offered, only some few (not all) of the chief Authors (not secondary [...]laration [...] Dum­ [...]linge 16 [...]g. 1650. Instruments) of the Murder of his Royal Father; importing grace to be extended to others under the same strict and general Guilt; and to whom if not to these?

2. These few were referred to the Exception of Parliament; yea [...]laration [...] Breda [...] April [...]0. of that adopted Parliament, in respect of which these men are de­nominated the Parliaments Prisoners; concerning whom I have been informed his Majesty would never yet order one particular Circum­stance.

3. The Commons in this Parliament, with His Majesties know­ledge and consent (as it hath been reported) did Vote seven and no more of the men of this capacity, to be wholly excepted from Mer­cy, both to Life and Estate.

4. Considering many did obscure themselves, so as that their Con­viction (desireable as to the Justice and Honour of the Nation) could not be effected, the Lords and Commons advised, and on their advice his Majesty published this Proclamation for their personal appearance to Tryal only, and that on pain of being excepted from any Pardon, (the business then under Consideration of Parliament) they having in their hands such chief Authors of the Kings death, who were most obnoxious to Guilt, and proper Objects for severity of Justice.

5. These persons then Latent, securing their own Lives, hearing of this Proclamation, did, (notwithstanding the sence of the Vul­gar, that appearance would secure their Lives,) demur to their appea­rance; until their Friends, (assured by many Honourable Members of Parliament, who best understood the Proclamation) advised, that Indemnity to Life was intended to such as should appear as was dire­cted; in confidence whereof (waving other means for their preser­vation, within their own power) they appeared, rendered themselves in time and manner advised; putting their Lives under the prote­ction of the publick Faith, the most certain security which could be imagined.

6. John Dixwell, and some others of this Confederacy, uncapa­ble by sicknesse, or late intelligence, of appearing within the time limited, petitioned the Parliament for some few dayes more, in which to appear; but the grace of this Proclamation was denyed to be ex­tended one day longer, which sure was some grace, to such as in time conformed to it.

7. The House of Commons (Principally concerned, Chief and first Advisers of this Gracious Proclamation) having determi­ned the number of Persons to be made Examples of Dread, and undergo the utmost of the Law, Engrossed, Passed, and Transmitted to the Lords, the Bill for Indemnity with a full and Expresse pardon as to these mens Lives; to which the Lords demurred, yet the Commons in three several conferences, as­serted the Publique faith and honour engaged by this Proclamation; which was accutely and solidly argued by Sir Heneag Finch his Majesties Soliciter General, and Sir William Wild Re­corder of London, and other Honourable Members managing that Conference;) and being resolved never to break the same, and thereby suggest to the World, the Proclamation was advi­sed as a plausible (not to say Perfideous) duckoy to flying birds: at last yielded to passe the Act, with a proviso, They not to be Executed when Condemned, without an Act of Parliament or Bill to be passed for that purpose; which they resolved should never be by that Parliament, and it was more then probable, would ne­ver be by another; simple Execution being too odious for their debates, and determinations, and the security by the Procla­mation given, being by these debates made so legible, that all men might Run and Read, These men could not suffer without high scandal, if not open violence, unto the Publique faith of the King­dome.

8. Every of these men well documented (by the Parliaments debates and Declaration in the Act of Indemnity) did on their araignment, Convict themselves, and in open Court plead the Proclamation, (as the benefit of Clergy) which was admitted; and so far declared by Sir Orlando Bridgman Lord Chief Justice in that Commission; that the spectators (most fit and proper Expositors in all Judicial proceedings, which hath ever caused Courts of Judicature to be open) did understand, and conclude, though these men were Condemned, yet their lives were secured unto them.

If Sir, these eight Considerations being put together, do not spel this Octo Sillabon, PUBLIQUE-FAITH-SECURING-THEIR-LIVES, as a thing legible to them and all sober men resolved into their case, to be rational­ly chosen, concluded and confided in, I must go again to School to learn my A. B. C. and will advise Baxter, Goffe, [Page 10] Whaley and others, not trusting to the Proclamation, but se­curing their own lives, to write over every Gate, under every Quarter of these men, when executed, CREDULOUS FOOLS: And Dixwel and his fellow Petitioners to write over the door of the House of Commons, who admitted not their surrendring themselves BLESSED SEVERI­TY: The Condition of these men by confidence of grace, b [...]ing rendred worse then theirs that fled from it.

But some Zealous and Royal hearts, grudging the least grace to such Regicides, will object (that with which I have this long time passionately deceived my self and others) and say, Sir, you discourse of the nature of a Covenant, and plead for these Miscreants lives, as if his Majesty and the Parliament had pas­sed with them a formal and positive contract; whereas the Proclamation is a bare summons for such (who in conscience of their guilt) were fled, and obscured, that they appear and abide the Tryal of the Law, which was their duty, without being directed by this Proclamation. To such I crave leave to answer, I grant the Proclamation is a Summons to what was du­ty without it, nor can they deny it is Sub-paena which must ne­cessarily imply a Condition whereby the Pain may be void­ed, otherwise it is in vain expressed.

Sir, Civilians tell us of a Pactum vetans a Covenant of Prohi­bition Grotius de jure bel. & pa. lib 2. cap. 16. used in humane society, and declare pactum vetans magis vincit jubentem, quam positive jubens; it more strongly obligeth the Superiour, then a positive precept; All Summons is a Co­venant of this nature, and therefore most sacred and inviola­ble; So as that a Cessation from the thing forbidden, must ne­cessarily void the penaltie. Nature teacheth the Mother, with a rod in her hand, to call in the wild wanton child, on pain of being whipt, if overtaken and fetched in; The Child confiding in her words, returneth with speed and escapeth the corrction; the General to summon a Garison to be yielded within 24. hours, on pain of burning to the Town, and slaughter to every man; They yield to the Summons, and are saved: Our Law directs a Proclamation on pain of an Out-law, the defendant appeareth and hath liberty of plea. His late Majesty (as do all Princes in like case) summoned such as followed the Earl of Proclama­tion from York, Aug. 9. 1642. Ess [...]x to lay down their Armes, and repair to their houses with­in six dayes, on pain of being judged Rebells and Traytors; some [Page 11] accordingly returned and avoided the penalty; in these and the like cases the penalty could not be inflicted without bar­barous breach of faith and high dishonour.

The nature, usage, and obligation of A pactum vetans, is commended by many examples in Holy Writ, as Joabs Sum­mons of the City of Abell to render rebellious Sheba to Ju­stice, on pain of being sacked: And Solomons confinement of Abiathar to his City Anathoth, and Shimey to his house on pain of Death; Abell did escape by the head of Sheba, nor had Shimey dyed if he had kept within his bounds as did Abia­thar.

This Proclamation is a summons of duty but sub poena; and so a Covenant though vetans, to the future Latencie of these men; the nature of the pain is their advantage; had it been (what is usual in cases of this nature) a Summons to appear on pain of being concluded guilty, and to suffer without mercy; their appearance had secured to them a due and fair tryal, in which to plead for their lives; but the pain of being excepted from par­don both for life and estate must needs secure them the one; other­wise what is the pain to be avoided by obedience to the prohi­bition?

This pactum vetans is so natural to men, so suitable to Sove­raign Majesty, a security so sacred and inviolably obliging in humane society, that God himself maketh it his first transa­ction with his creature man; In the day thou eatest thereof thou shalt die the death, was the form and tenure of the first Co­venant; Will any man deny the same to assure life on the condition of the prescribed abstinency from the forbidden fruit?

Civilians render three (I shall make them four) reasons why a pactum vetans, a Covenant of prohibition should more firmly oblige the prescriber, than a positive precept, and more ex­press Covenant; every of these reasons concurre in our Tray­tors case, to Corroborate their claim:

1. The matter thereby prohibited is special, not general, Cicero lib. 2. Grotius de jure bel. & pac. pag. 262. [obscure not your selves from a legal Tryal] and their rule is, peculiare & quod ad rem propius accedit, magis obligat quam gene­rale, what is special, and cometh nearest the matter, doth more bind, than what is general and more remote.

2. The time in such Covenants is limited, which being slipt, they may sit down and sing that Cyrene song, Fronte ca­pillata post est occasio calva, Oh that we had known in that our day the things which concerned our peace, but are now hid from our eyes. [appear and render your selves within fourteen dayes] Hence Dixwell and his fellow Petitioners, could not procure one day, to the grace exhibited in the Proclamation; the rule is quod fa­ciendum est certo tempore, magis obligat quam quod quovis tempore fieri potest; what is to be done in a certain time, bindeth more than what is to be done at any time.

3. This kind of Covenant usually passeth sub poena; im­plying immunity and escape; [on pain of being excepted from any pardon both for life and estate] the rule is (quod poe­nam adjunctam habet, magis obligat quam quod poena vacat) a pro­hibition with penalty binds more than that without; they could be but drawn out of their Dens to Tyburn, if they had not appeared according to the Proclamation.

4. The condition of the pactum vetans is prescribed, not ca­pitulated, imposed by Majesty and Authority, condescending to mitigate severity, and release rigour; leaving the liberum arbitrium of the men concerned, to this bare choise, Come and appear within fourteen dayes, or be excepted from any pardon both for life and estate: (more than which cannot befal those that are fled, and refused to appear) and this rule cannot be denied authoritate praescripta, magis obligant quam ca­pitulata; terms imposed by authority do more strictly binde; than terms capitulated upon a fair and equal Treaty.

Sir, on the serious consideration of these mens claim, I see not how it can be denied, they have the publick faith of the Kingdom engaged for their lives; the violation whereof must be greatly dishonourable to the King and Parliament; yea, though by a Bill to be passed for their execution; which I humbly conceive is below a Parliament; who may (with more justice and honour) by their Legislative power, on poli­tique and prudent grounds, take away the life of one whom the Law cannot Convict and Condemn, than direct the exe­cution of them over whom the Law had full power, until barred by the force of publique faith, Rationally claimed to supersede this last Act.

[Page 13] To pretend they were not a Parliament (who gave this se­curity) according to the strictness of our Law, and Nations Constitution, will not make an objection of any strength: For

1. The question is not about an ordinary process in our Law; but a transaction purely determinable by the Civil Law; the rules of Common justice and honour among men.

2. They were a full and free Convention, and Collective body of the Kingdom, capable to represent the Nation, and engage the faith thereof, though convened by a defective er­roneous Writ, through the necessity of the times, and estate of the Kingdom.

3. They were the first free Parliament, the fruit of all the Convultions and Commotions occasioned by our desired li­berty, and we were to be ruled, and in all cases resolved by our own reasons, declared by representatives of our own choice.

4. They were His Majesties Parliament, convened for his sake, to his happy and honourable return; (by which our Land hath been revived) legitimated by his adoption, anni­mated by his presence, and corroborated by his concurrence; pardon being the eminent and undisputable prerogative of his Imperial Crown; whose Royal Faith hereby engaged, in­violably secureth some grace to these poor wretches.

These things do evidence that Parliament to have been sufficiently capacitated to give an assurance by publique faith; which cannot be avoided by defect of a punctilio, or circum­stance peculiar to our Law; but doth so strengthen these Pri­soners Gates and Barrs, that I cannot but profess, I see not how they can ever be drawn to execution, without drawing the guilt and disgrace of cruelty, revenge and perfidie on a Faith-keeping Prince and Parliament, though by a Bill to be passed for that purpose.

Honoured Sir, Did these Traytors want this claim, or their claim want reason, yet common prudence, and the honour of His Majesties Clemency now seemeth to me to be a confide­rable supersedeas to the execution of them: For Sir,

1. The splendor of His Majesties Clemency (the [...]esse say the Graecians, the honour of a Just man say the Romans) [Page 14] being much clouded by the Universality of the Object (many singulars thinking they needed no Act of Grace, and some resolved against an Act of Oblivion) doth sparkle with such Orient brightness, by the superseding the executi­on [...]stum [...]le [...]uia d [...] [...]. of these Defamed, Convicted, Condemned Individuals: it hereby existing in its full proportion and very formality, (which Favorin [...] thus defines [...]. And Grotius doth thus Translateth, [...]ea quae di itur clementia apud homines est [...]e jure l. & pa­ [...], lib [...]. [...] 20 [...]g 307. te [...]pest [...]ca relaxatio summi juris, and I must English, Cle­mency is to save the life of a Malefactor tied up to the Gallows) that I cannot desire to see it darkened by such an Act as revenge may justly provoke, but the vulgar judging by sence will not discern.

2. The quality of these persons, and their present Estate doth abate the fury conceived against them, they seem to be so weak in their Naturals, that their being Parliament men (which lead them into temptation) may be almost judged their greatest Crime; they appear too simple to have been first Imaginers of that Horrid Regicide, or Agita­tors of that High Court (or to use his Majesties phrase) chief A [...]s of that Murther: And then Sir, they are not the intend­ed objects of the declared expectation from his Royal Grace and pardon; I cannot without smiling, remember how the poor mens Consciences were troubled at the Terms, Trayterou­sly maliciously, in their Indictment, (on which the Solicitor did accutely gloss; My Lord, they think they might Sentence the King to Death, Meekly, Innocently, Charitably and Honestly) which certainly did so far bespeak their simplicity; that had our Law allowed Accessaries in Treason, Judge and Jury would have saved them by their Clergy: How tremblingly did they beg to wave their Plea, (as if run into a premunire, by pleading not guilty) that they might confess and be hang'd, without this grace interposed? no doubt the Court was well pleased with their Profound Apologies; one pleading, I was young, in Infancy, eating sower Grapes, not knowing they would set mine much less my Childrens teeth on edge, Another, I withstood, gainsaid that wicked Sentence▪ yet was simply drawn in to Sign and Seal the same; A third, I looked but over the Hedge, I appeared [Page 15] once and again, among, and as a Member of that wicked P [...]k with an intent to prevent their Mischief, against which I got an Assembly man to pray with me. Yet Sir, Are these weak men condemned, attainted in Blood, their estate confiscate, and by spending their miserable lives in Prison, as it were hanged in Chains, as mee [...] loving Monuments, of God and the Kings Justice (which hath already swallowed up the Capital Offenders) and more lasting Spectacles of Dread to future Regicides, then their wither­ing Quarters are capable of; being a lively Comment on Psal. 59. vers. 11. Slay not them, least my people forget it. For my part, I think Justice is not more orient by that restraint of Clemency, sparing to those men that little which is dearest to them; then by the merciful reserve of such dreadful Specta­cles for men to behold and consider; insomuch that I could almost envy their very nature, and death it self, which ere long will remove them from a piece of pitty, so prudently severe.

3. The end of punishment must be Caution, not Revenge; Ex­cellent Sen. de Clemen. chap. 1 [...]. is the saying of Plato, [...]: and again, [...].

Which the serious Seneca thus rendreth, Nemo prudens punit quia peccatum est, sed ne peccatur; revocari enim praeterita non pos­sent, futura prohibentur; and again, ne homini quidem noce [...]im [...] quia peccavit, sed ne peccet, nec unquam ad praeterittum, sed ad futurum referetur poena; non euim ira scitur sed cavet. The God of Justice hath prescribed punishment, that others might hear and fear, and do no more so wickedly; so far as the Execution of the same looketh back, it is revenge, and onely punishment by looking forward, at this end it must be level'd, and accord­ingly squared; poena ad paucos, metus ad omnes, is a rule direct­ing all Executions; Justice is ordinarily satisfied by the Exe­cution of a few chief Offenders; the cutting off the Multitude under the same guilt, is over Sanguinary and revengeful; Martial Law alloweth equal Mutiners in an Army, the chance of a Dice on a Drum Head, for the single Example of their Mutinie. Prudent Princes ever proclaimed their Justice by the Execution of a few of the many Condemned Malefactors; Shebas Head was judged a sufficient Sacrifice for the many Re­bels [Page 16] he had seduced. Our King Henry the seventh made his Justice Triumph more in Lambert Symnels turning his spit; and Speeds Hist. Perkin Warbeck looking through the Iron Grates, then by the turn­ing the one or the other over the Ladder, though both were Counterfeit Pretenders to the Crown, unto bloody and dan­gerous Rebellions: His late Marryred Majesty charged his Son should not Revenge (whilest he could not but punish) his Death; and his Majesty as obedient to the Charge, declared to except from all pardon, some few chief Authors of that Murther, the which the Commons first computed to be seven [...] a sufficient number.

Sir, These things considered, were not the Faith and Ho­nour of this Kingdom engaged to secure the Lives of these Condemned Persons; I could not but adore his Majesties Cle­mency in their thus long reprieve, which I now desire may continue; being convinced that such who shall provoke our David, to cut off these Shimois (most wisely confined to their proper places) will be found Abishas, sons of Zerviah, too hard for him, and Adversaries to him; who hereby maketh all the world to know he is King in England, graciously holding the sword of Justice which justly hangs over, from falling on the neck of these Regicides.

Sir, pardon my plainnesse and prolixity in this rude Dis­course, for which if I be called to the Bar of the House, for intermedling with the A [...]anae Imperii, I must plead your Com­mand as my Commission, and expect your defence of