THOUGH the Face be Resolved, yet the Body is a Law: For it consists of those two parts which constitute it such; Precept and Penalty. The Precept of it is three fold; the Penalty One and the same. This Piece labours to enervate the power of the Precepts, by discovering the groundlesse foundation of the Law, and pro­ving it invalid, not binding. This performed, I will not, none need to be afraid of their Bug-beare, Penalty.

That Law is not binding, which is not Constituted by a lawfull-Authority.

The Commons (assembled in Parliament) alo [...]e, are no lawfull-Authority.

Therefore this Law (called Resolves) Constituted by the Commons (assem­bled in Parliament) alone, is not binding.

That the House of Commons, alone, (though as they are at present wee may deny them to be any House at all, but a Ezech. 2, [...] Rebellious-House, is no law­full Authority, may appeare cleerely unto all unbiased Judgements, if they take notice of these Reasons.

The Commons, alone, are no Parliament; and therfore no lawfull Au­thority without the King and Lords.

For First, by, and in the very primitive Constitution of our English Parliaments, it was most unanimously agreed by the kingdoms [Page 2]and Peoples generall and uncompelled consent, that our Parliament should be constituted and made up, not of Knights and Burgesses only, e­lected by Free-holders H. 6. c. 7. [...]0. H. 6. c. 2. [...]. H. 6. c. 15 [...]romp [...]on Ja­ [...]isdict. p. 1.2. [...]. cooke 4. In­ [...]t. c. 1. and Burgesses (not by the generalite of the vul­gar People, who doe now claim and usurpe this right of Election, as these Resolvers doe of Law-giving) but likewise of the King, theCooke In­ [...]it. c. 1. u. 1. [...]. [...]dus tenendi Parliamentum [...]ompton Ju­ [...]isdict. of [...]ourts Tit. [...]arliament. At. Seldens [...]it honour par. [...].6.5. Supreme Member (for by his Writs the Parliament were to bee summoned) and of the Lords, Peeres, Barons and great Officers of the Realme; who also ought of right, and for the perfect Constitution and making up of a Parlia­ment, to Sit, Vote, make Lawes, and give Judgement. And all our Law-bookes33. H. 6.6.9. E. 3.7. [...]. Parl. 4. [...]. H. 7.18. [...]. H. 7.14. [...]remptons Ju­ [...]sdict. p. 9. [...]udge Huttons [...]gument of [...]. Hembdens [...]se p. 32.33. doe Resolve, that without this three-fold concurrent assent, there is not, neither can there be any binding Law made.

Therefore this Law made by the Commons, alone, without the concur­rent assent of the other two Members, is not binding.

2. That the Commons, alone, are no Parliament; but that the King and Lords with them, make up a compleat Parliament, is apparent by Hut­ton's Argument of Mr. Hampden's Case, pa. 32. 33. Judge by the practice in all Empires and Kingdomes of the World, as is cleere by these Texts of Scripture. 1 Chro. 1.2. Ch. 28.1.2. &c. Ch. 29 6.24. 2 Ch. 5.3.5. 2 Ch. 23.2.3.20.21. Ch. 30.2.3.6.12. Ch. 34.29. Ch. 25.7.8. Nehe. 9.38. Ch. 10, 29. Esther 1.13, 22. Dan. 3.2.3. 2 Ch. 29.30. Ch. 32.3. Ezra. 9.1. C. 10.8. 1 Sa. 5.8. Ch. 29, 3.10. Psa. 68.27. Pro. 8, 15.16. Isa. 19.11.12.13. J [...]r. 17.25. Ch. 26.11.16. Ch. 36.12.14. C. 37.14.15. C. 38.4.25.27. Dan. 6.1.6.7. Jonah 3.7. Psal 2.2. Isa. 1.23.26.

That in all Empires and Kingdomes in the World, their Princes, Nobles, Lords and great Officers of State have been accounted necessary for the Constituting their compleat Parliaments, and Generall Councells of State is cleere (I say) by these texts of Scripture, compared together; and by all Historians and Politicians testimonies; and in this Kingdome many hun­dred yeers before the Conquest, as modus tenendi Parliamentum, Epos. To his Report. In­ [...]es on Lit­ [...]ton. p. 110. [...] Instud [...]es. c. [...]. Sir Ed. Cooke, andMr. Seldens [...]cles of honor [...]er 2 c 5. [...]ere this is a­ [...]ndantly ma­ [...]fested. [...]el [...]anni Con­ [...]. [...]om. 1. [...] [...]ruth trium [...]ng over fals [...]nd, Antiqui­ [...] over Novel­ [...] p. 36 &c. [...]e Free-hol­ [...]rs grand In­ [...]est. P. [...] 20. others write, and our Historians Record. Therfore whatsoever the one doe, without the assent of the other two, is not bin­ding; because, without the Presence of all three, one alone is not a com­pleat Parliament, neither is the Authority of one alone Lawfull, This Law then, made by the Commons, alone, is not Binding.

3. The Commons, alone, are no Parliament, and therefore no lawfull Authority, without the King and Lords; because they cannot prove them­selves to be a Parliament, alone, and so to have lawfull Authority to im­pose binding-Lawes, by any Law of God, either in the old or new Testa­ment, for they both contradict it. By no Law or Statute of this Kingdom or Nation, which absolutely disclaim it, and enact the contrary. By no Pr [...]scription, Custome or Usage; which are all against it: No, nor by the originall Law of Nature: For the Law of Nature (asAristo [...]. pol. l. 1. Bodin▪ de Rep. l [...]. c 2.3.4.5. Dr. Field of the Church, l. 1 c. 1.2. Bolititi­ans [Page 3]an [...] Divines assert, and the Scripture manifests) gives every Father a Magisteriall and Legislative power over his Children, Progeny, Family; now the Steward cannot have any lawfull Authority, without him, to im­pose Lawes on the rest of the Family, without his consent, as is generally acknowledged. Therefore the Commons (being but the Stewards of this great Family of England, of which the King is the Father: Hee that hath but common sense will conclude) can be no Parliament, alone, without him; nor can they have any lawfull Authority to impose any binding-Law upon the rest of the Family, that is, the rest of their fellow Subjects with­out his assent.

This Law then of the Commons, alone, is not Binding.

4 That the Commons, alone, are no Parliament, and therefore no law­full-Authority; but that the King and Lords are requisite to make up a compleat Parliament, is confirmed by Prescription and Custome, from the very first beginning of Parliaments in this Kingdome, till this present, there being no one president to bee found in History, or Record of any Parliament held in this Island without a King Personally present (or repre­sentatively by a Protector, Custos Regni or Commissioners) and Lords or Peeres: as Ingulph, Beda, Hecter Boetius, and Speed among our Hi­storians; Anti [...]uitates Ecclesiae Britanicae, Spelmanni Concilia Tom. 1. Sir Edward Cooke in his Preface to the 9. Report, and Institut. 4. c. 1. Mr. Seldens titles of honuours, part 2. c. 5. Truth triumphing over Fals­hood, Antiquity over Noveltie, p. 56.90. and Mr Lambert in his Ar­ohaion, doe all beare witnesse.

SixCom. of England. [...]. 61 Thomas Smith, Ho [...]shed Vol. 1. c 6. p. 173. Ralph Hollinshed, Cambden B [...]ta. p. 177. Mr. Cambden; Powel in his Attorneys Academy, and divers others unanimously conclude: That the Parliament consists of the King, Lords, and Cominons; which three represent the Body of all England, which make but one Assembly or Court called the Parliament; and is of all other, the highest and greatest Autho­rity, and hath the most high and absolute power of the Realme. Mr. Crompton in his Jurisdicton of Cou [...]ts, fol. 1. affirms; That it neither is nor can bee any Parliament without the King and Lords. This Court (saith he) is the highest Court of England, which the King, Lords and Commons doe all joyntly make up: and then Resolves against these desperate Re­solvers; That no Law can bee made to binde the Subjects without all their concurrent Assent.

The Commons alone therefore, are no Parliament; and consequently have no Lawfull Authority: This Law then of the present Commons, is not binding. Thus have wee proved by the knowne Lawes of the Land; That the Commons alone have no Lawfull Authority, to Constitute any Law; and that therefore, this Law is not binding.

This promised; Next (because it concernes Ministers) let us see, whether [Page 2] [...] [Page 3] [...] [Page 4]it bee binding by the Law of God, or according to the Rule of his Word.

That Law which doth Command any thing which the Word of God doth Forbid; or Forbid any thing which the Word of God doth Com­mand, is not binding: But this Law doth both Command that which is Forbiden, and Forbid that which is Commanded in the Word of God: Therefore this Law doth not bind.

That this Law, termed the Resolves, doth Forbid that which is Com­manded in the Word of God, and Command that which is Forbidden. Thus I Prove.

The first Precept is this. If any Minister [that is no Minister] shall &c. This Precept Forbids Ministers to Preach or Pray against their Proceedings. Now the Ministers Consciences are fully satisfied; that some of their Pro­ceedings [they being as is proved, no Lawfull Authority] are against the Law of the Land, and consequently against the Law of God [for the knowne Lawes of this Land, are all grounded upon the Law of God:] As the cutting off the late King's Head, the abolishing Monarchy and erecting a populer Government of themselves and creatures; with divers other in­fringements of the Fundamentall Lawes of this Kingdome, just rights of the Crowne, and Liberty and Propriety of the Subjects; those severall Orders, and Ordinances, Protestations, Covenants and Oathes which they have first thrust upon and forst the People unto, and then not only broken them themselves, but also compelled or corrupted others to commit the same impiety, for which the Land mournes; yea all their courses is evill, and their foote is not right;Jer 23.10. and therefore to bee both Prayed and Preached against by the Ministers, or dispensers of the Word of God, which Commands them so to doe.Ezech. 33.7.8. Isai. 18 1.2. Ezeck. 2.3.4 &c. 2. Tim. 4.2.

And Gods Word doth Command this; because God would have it knowne; that, though the Power of Law-makers were unquestionable (which of these Resolvers is not;) yet, that the consideration and de­termination, whether such Lawes as they prescribe, bee agreeable to or against Gods Law, belongs to the Minister, as is evident.Deut. 17.8.9.10. If there arise a matter too hard for thee in Judgment &c. And thou shalt come unto the Priests of the Levites, and unto the Judge who shall give Sentence [...] the Priests shall Counsell him by the law of God. that shall bee in those daies and aske, and they shall shew thee the sentence of Judgement. And thou shalt doe according to all that they informe thee. According to the Law which they shall teach thee &c. Compare their Resolves with this part of Scripture, and tell me whe­ther they doe not in the first Precept Forbid that which this Commands.

So likewise in the Prophet Malachy, the word of God saith thus, And ye shall know that I have sent this Commandement unto you, Mal [...]. 1.4.8 That my Cove­nant which I made with Levi might stand, to put the Law of Truth in his Mouth, That his Lips should preserve Knowledg, and that the People should seeke the Law at his Mouth; for he is the messenger of the Lord of Isai. 58.1.2 Host, [Page 5]These Lips, God's word commands them to open; and to speake with this Mouth. That Law then, which Forbids these lips to open, and this Mouth to speake; doth Forbid that which the Word of God Commande.

But this first Precept, doth seale up the one and stop the other, Silenceing the Ministers. [a Crime so inexpiable in the Bishops.]

Therefore this Law, in respect of this first Precept, is not binding.

Which I shall prove not binding also, in respect of their second Precept; for, that both forbid, that which St. Paul commands,1. Tim. 2. [...].2. and commands in these words [otherwise then as the Enemies to this Common-Wealth] that which God himselfe forbids.Exod 21.28. & Eccles. 10.20.

Therefore this Law, in respect of this second Precept, also is not binding.

Now to prove that it is not binding, in respect of the last; I desire you to read;Isaiah 58. & Zechariah [...] and compare them with their proceedings, and daies of Pub­lique Humiliation, or Fasts. Now God expressly forbids the keeping, or observing such a Fast. Isai. 58.4.5. But this third Precept commands the keeping and observing their Fasts though it bee apparent they are the same. Judge therefore, whether this Law bee binding or no, in respect of this third and last Precept.

The Angell of God commandedActs 5.20. the Apostles to Preach; which they did.vers. 21. The Councell and the Elders of Israel sent a Captaine with Officers, who apprehended them and set them before the Councell.vers. 26. [...]. They by their Speaker said: Did not wee straightly command you, that yee should not Teach in this Name: and yet behold yee have filled Jerusalem with your Doctrine; and yea would bring this man's blood upon vers. 2 [...]. us.

Here were Resolves, of a grand Councell, forbidding that which God had Commanded; Therefore the Apostles look't upon their commands as not binding [though a Lawfull Authority:] And therefore returne this short Answer; Wee ought rather to obey God then vers. 29. Man.

That Primitive-Christian-Persecuting-Councell, hath our Orthodox-Protestant-Tormenting house of Commons imitated in their proceedings with the Ministers of this Age; Therefore their answer to these their Re­solves, may bee the same with theirs; Wee ought to obey God rather then Men; though they should with that Councell, a [...] the hearing thereof, burst with anger and Consult to slay vers. 53. them.

I should in Charity advise them to take Gamaliels Councell in that Chapter;Act. 5. of which I make this transition.

Yee men of England, who call your selves the Commons Assembled in Parliament, take heede to your selves what yee intend to doe touching these men, the Ministers of Godsvers. 35. word. Refraine your selves from them and let them alone, least you bee found fighters against God. vers. 39. For though you should beate them, and command their silence; yet you shall find, that they will depart from your Councell, rejoycing that they are counted worthy to suffer from you, [Page 6] for declaring their Consciences; yea mauger all your proud threats, they will preach daily in the Temple, Psal. 141.6. without ceasing, against your ungodly procedings and in opposition to your Resolver putting on the Resolution of holy David, pray against your wicked and Rebellious practizes. Nay [...] by God himselfe in the person of Ezechiel they will not feare you, nor be afraid of [...] [...]ugh Rebells and Thrones Ezek. 2. [...]. [...].6. be among them, and they remaine with Scorpions: They will not feare your words, nor bee afaid of your lookes for they know you are a Rebellious House and you shall know there hath beene Prophets amongst you.

But whatsoever the Ministers say: as for these desperate Resolvers, wee may truely say of them what God said there of that stiffe hearted and Rebellious Nation: Surely they will not heare, Ezek. 2.5. neither indeed will they cease for they are a Rebellious House; which appeares by these their Anti-Mona [...]chy Resolves.

In all ages it hath beene the treasonable and destructive designe of those who by po­pular insinuation, tre [...]cherous Policy, bloody practizes, or powerfull Ambition, have post [...]sled themselves of anothers Right, to cut off all meanes and hinder all discourse by which their unjust usurpation may be detected, or it may bee knowne whose the Right of succession is.

Thus Jer [...]am having by Rebellion got the Kingdome of Israell into his possession by an irreligious policy prevents their returne to their former allegiance, and subjection to their lawfull1 Kings. 1.172 28. King.

Thus also Athaliah 2 Kings 11. [...]. after the Death of the King, having got possession of th [...] Throne, to confirme that her usurped raigne, shee destroyes as many of the seed Roy­all as shee could get into her power, that so the Kingdome might not returne to any of them, to whom did pertaine the Right of Succession. And a [...]ther her v. 4. 7 yeares is usurped Reigne, when the H [...]lie of the slaine King was by Jehoiada crowned and proclaimed v. 11. King, shee cries out Treason, Treason [...] Kings 11.14.: As it because by shedding Royall blood shee had got the power into her hand, it must therefore be treason in all that did promote the Title and Interest of the Heire apparent.

No doubt she had made such a Law, as our present bloody usurpers have to secure her owne Established Government and prevent the Sucession of the Rightfull King. (The treasonable designe of these King murthering Resolvers.)

But Jehoiada the Preist or Minister, notwithstanding that command published by her owne Authority, (knowing her Government had it's foundation in blood [as th [...] Established by our Resolvers also hath] and that such command did oppose the com­mand of the word of God), promotes the Ti [...]tle and Interest of the slaine Kings [...], takes an oath of Allegiance to him,v. 4. and sets a guard about him for his v. 9. security.

By which le [...] i [...] apparent that the forbidding Ministers to make mention of the son [...] of our late murdered King, and the promoving his Title and Interest [although declared against and taken away by their Authority] doth not [...]ind; and therefore I will not feare to disobey it.

Nay further since I read that, after Jehoiada by the aid of his loyall subjects had made him King, crownd him and given him the Testimomy, both hee and they [...] their hands for joy and prai'd GOD SAVE THE KING; I will not feare for all their second Resolve, to pray for the same successe of our King▪ Not doubting [...] that God will shortly send us such a joyfull time also where, in the Church and streets, wee may openly say. God save CHARLES the second Of England &c. King, Defen­der of the Faith &c.

Vivet, Vincat, floreat CAROLUS Secundus.