AFter a shower how glorious is the Sun! The War being ended what endearments should there be between all true-hearted English men? When hands are tyed, the great business is to unite hearts: 'Tis the wisdom of State, when the heart of War is broken, to deal Honorably with the Conquerors, and gently with the Conquered; 'Tis the glory of a State, as wel as a man, to pass by an infirmity; and far more noble to forgive him whom thou mayst kill, then to kill him whom thou mayst forgive: The Title of this Treatise I hope will please every man but such as [Page 2] feed only upon poyson (which creatures soon after break in pieces) that are grown rich in a time of poverty, or fear a Day of Account before the Day of Judgment; some only can fish in troubled wa­ters; the matter of it I hope wil relish wel to wel-tempered pal­lates, that have the salt of reason; for my own particular, it hath ever been my hearty prayer, and what I have prayed for, I have ventured to write for, though I know very few that have gained any thing by the Press, besides their own contentment, but hard censures; but he that is wise when men are fools, is true when they are lyars; I am not in love with my own conceptions, and yet will father them that they be not illegitimate; and the mother con­ceiving them is a single heart, as an English man; the subject is weighty and many ticklish points; but strong affections may be discerned by weak performances, and I hope men are more merci­ful then formerly; those that love, wil excuse, let others bring reason for reason & I am satisfied; to give the Reader rational satisfa­ction I must dig deep for these precious truths, for taking too much upon trust, and that to be reason which only looks like it, hath occa­sioned our late mischiefs: And 'tis as hard to make some men beleeve the Truth, as it is to disswade others from Er­rors.

Wherein as it is said of Errors that to reduce them to their first original is to refute them; bastards love any discourse but to hear of their originals, so in all matters of Reformation by, the Interven-of the Sword the foundation, Root, highest wel-spring, foun­tain, end, and grounds of all government is in the first place to be sounded, fathomed, and discovered, which under favour have been the great defect in many writers in this late Com [...]stion, that speak of obedience to higher powers, of the un [...]awfulness of resisting, and of the Rights and Liberties of the people [...] [...] draw­ing from the Fountain, but following the stream [...] of former Au­thorities, and practises of other times, which have [...]he [...] nance of example, but not the least force of a Law [...] striving to know by the Causes, why such a Government is ap­pointed or Law is made, as by the effects that so they find it to be. Which Impolitiques, is the Reason why there are so many Practi­ses to be reformed in Courts of Justice; the Judges finding the course of the Court, which they say makes the Law to be so, they never look further at the reason why it is so; for if they did but [Page 3] consider the end and primary intention of all Laws, viz. the execu­tion of justice; which consists in giving every man his own, they would rather dispence with 10000, formalities and niceties in Law, then neglect the doing of justice; rather suffer all the courses of the Court to be broken and shivered into attomes, then suffer one poor man to be undone by a mispleading or Error in the procee­dings, for justice is of moral, and of perpetual equity, but the course of a Court is but Ceremonial, & the Ceremonial Law of God al­ways gave place to the moral: when it appears fairly to the Court, that the Debt is due, or that the Plaintiff hath title to the Land; if there be as many Errors and mistakes in the pleadings as there are stars in the Firmament, the Judg must break through all forms to make the Plaintiff master of his right; and to object matters of form and confusion, is but to tyrannize over poor men, that are not able to buy Justice, and to be more careful of the shoo then of the foot that wears it; Resembling herein the stranger that admiring the height of St. Marks-Tower in Venice, thinking the Foundation could not be deep by reason of the water, was very studious to know, whereupon so goodly a Fabrick stood: the people said it was so, but how it came about was for the Senate to know the reason; they troubled not themselves about it, but I must dig deep for this precious truth and go to the ground of the point, which be­ing [...]ound in the groundsels, the building is not to be suspected; and I conceive:

1. That by nature, all men are born alike free, as we hold all by Frankalmoign, so nature is Gavelkind tenure, and there is no power natural but parental, further then every man doth expresly or implicitly impower other men over him, and every Father is a King in his own family; Abraham, Isaac, and Jacob in Cana­an, had no Government but Domestical, Parental, or Proparental. And though I cannot agree with Learned Charron, that the Jews had power of life & death over their Children, which he would prove by Abrahams offering up Isaac, which he supposes Isaac being about 25. would not have suffered his Father to have bound him, if by Law he had not had power to kil him; and that the same Law continued amongst the Romans, which no Parents would a­buse or exercise only to keep their Children in obedience, yet this is clear that by the Law of nature, the child is to be obedient to the Father, and when the child is set to School or an Apprentice; [Page 4] it is the fathers power which he puts into the Masters hands to correct the child; which commission the Master may not ex­ceed; and therefore that moderate correction which the Law allows to be given to Scholars and Apprentices, is to be inten­ded by the Fathers consent, for if the Father shal indent with the Master not to correct his child; if he strike him I conceive an Action of Trespass wil lie against him, and this power con­tinues till the child be able to provide for it self, for by the civil Law the Father is bound to provide for his bastard till it be 25. at which time it is presumed able to help it self, grounded upon Natures Law, that beasts and birds feed their young ones till they can cater for themselves and no longer, and so it ought to be with us where the child is natural and not legal.

2. This Nature, which makes all alike free, apts and fits some with gifts to command, others to obey; 'tis a ground in Nature that wise men should govern the Ignorant, the Patriarchs were never impowered, but carried things so sweetly that men freely obeyed them; for when people shal perceive that wise and honest men aim at nothing so much as the publick good, every man thinks himself happy to be under such Governors, and indeed to prefer such men into places of Judicature is rather a preferment to the people then to them; for as by wisdom the world was made, and as it is enlightned by the Sun, so by Reason the Lord wil have it governed; and as in Nature he that is born blind must be guided by those that can see, so must ignorant and ill-disposed people be ordered and commanded by those that have the gifts and Spirit of Government and such as are vertuously disposed. But all Government is to be ascribed to necessity and reason: For the world becoming populous, vitious and licentious, a Government was necessary; and though the primary Laws of Nature, as obe­dience to Parents, to hurt no body, and to do as we would be done unto, be imprinted in the heart of every man, and sufficient to condemn the Gentiles; yet they are so defaced and corrupted by the fall of Adam and original sin, that God and Nature, for the good of mankind, not only commended but comman­ded a Government, for man is a sociable creature, and society is natural; for in Hermites Nature is not changed but transgressed.

3. All just power and authority is either from God immediately who is Lord of all and may appoint one to be sole Monarch over [Page 5] all the world, if it please him, as formerly he appointed Kings; or in the people who impower one or more over them. Saul and David had extraordinary Callings, but all just power is now de­rived from the people,1 Sam. [...]. yet in the case of Saul it is observable that the people out of pride, to be like other Nations, desired a King, and such a King as the Heathens had, which were all Tyrants; for they that know any thing in History know that the first four Monarchs were all Tyrants at first till they gained the peoples consent. Nim­rod the great hunter was Ninus that built Ninivy the first Tyrant and Conqueror that had no title,Gen. 10.9. and so were all Kingdoms which are not Elective till the peoples subsequent consent, and though it be by discent, yet 'tis a continuation of a Conquest till the people consent and voluntarily submit to a Government, they are but slaves and in reason they may free themselves if they can; for conquest gains a title amongst beasts, not amongst men. In France the King begins his Reign from the day of his Coronation, the Archbishop asks the people if he shal be King, the twelve Peers or some that personate them say Yes, they girt the sword about him, then he swears to defend the Laws: and is any thing more natural then to keep an Oath? And though vertuous Kings have prevailed with the people to make their Crowns hereditary, yet the Coronation shews the shel that the kernel hath been in▪ Samuel was a good Iudg, and there was nothing could be objected against him, therefore God was displeased at their inordinate desire of a King, and it seems to me that the Lord declares his dislike of all such Kings as the Hea­thens were, that is, Kings with an unlimited power, that are not tied to any Laws; for he gave them a King in his wrath, therein dealing with them as the wise Physitian with his d [...]stempered & im­patient Patient, who desiring to drink wine, tels him the danger of inflamation, yet wine he wil have, and the Physitian considering a little wine wil do but a little hurt, rather then his Patient by fret­ting should take greater hurt, prescribes a little white wine where­in the Physitian doth not approve his drinking of wine, but of two evils chooseth the least: The Jews would have a King for Maie­sty and splendor like the Heathens, God permits this, he approves it not, it seems to me that the Lord renounces the very Genus of such Kings that have no Laws to govern by but their own wils:Gen. 10.49 for if it be obiected that God had promised them a King and a Scepter in Israel: I answer that when God cals any man to such high honor [Page 6] he gives him answerable abilities: when he places any man upon the bench of justice he never sets himself besides the cushion; besides he told those Kings whom he anointed what their duty was, not to exalt themselves overmuch above their brethren,Deut. 17. to delight themselves in the Law of God; out of which I infer that the Turks, Tartars and all people that live at the beck and nod of Tyrannical men may and ought to free themselves from that Tyranny, if, and when they can; to desire too great a King is to have a River too impe­tuous; for such Tyrants that so domineer with a rod of Iron do not govern by Gods permissive hand of approbation or benediction, but by the permissive hand of his providence, suffering them to scourge the people, for ends best known to himself until he open a way for the people to work out their own infranchisements.

4. That no Government is divine, I mean, by Gods approba­tion, (for extraordinary callings I know none in these days) but that which is just and rational, for there can be no such con­veyance of power as is destructive of humanity; therefore for millions to be at the Command of one man, to obey him univer­sally in all things, is irrational; for wise men are but men, and the best men are but men at the best, subject to the faults of the iras­cible and concupiscible faculties.

5. That to assume a Government without a title and to act be­yond Commission, to the destruction of those whom they should preserve, is all one in reason; and so King James (that Phoenix of his age for solid learning) agrees that there may be a Tyrant as wel by male-Administration as he that comes in by Conquest: To speak of the several Conquests that have been made in this Kindom by the Romans, Saxons, Danes and Normans, as also whether William the Conqueror came in upon his Remittor by ancient title I judg impertinent, but this is clear as Chrystal that our An­cestors did voluntarily submit to Kingly politick Government; that if the Conqueror were a Tyrant for want of title, the subsequent consent of the people made him or his Successors lawful Kings be­ing equivalent to an election; as Leah by an after-consent became Jacobs lawful wife though he was mistaken in the marriage; and an error in the person nullifies the Matrimony. And the act of our Predecessors is as strong and binding to us as if it had been our own personal consent: A Law being the act and deed of the body po­litick in Parliament, voted by the whole Kingdom as the whole men [Page 7] sees & hears, instrumentally performed by the eyes and ears;Pan. angli­um. Pan Ae [...]o­lium. Pan-Sicili­um. The first Pa [...]lia­ment. wherein by intendment every man, woman, and child, is vertually present by representation, or else a statute could not bind them; and a Law binds not only their makers but their successors, for Corpora­tions never die; as the River of Thames keeps thought name the new waters perpetually succeed: And though it be not so clear when this consent was given, yet we find that King H. the 1. Beau­cleark youngest son to William the Conqueror, in the 16. year of his Reign called a Parliament at Salisbury; which I do not conceive so much to be derived from the French word signifying Freedom of debate, as Parliamentum quasi pariam Lamentum, the Com­plaint of the People▪ when there is any difference between the King and his Subjects, his Majesty gives them leave to choose out of themselves whom they please as Arbitrators, or Ʋmpiers to de­termine the matter, wherein the Subject thought himself secure that he might choose his own Judges; and this was but equal be­cause the King chose the Judges of the Law; and though it doth not appear that this agreement between the King and people, was reduced into writing (because that easy co [...]servatory of printing was not then invented) yet who knows but that it was written and since defaced, or Imbeziled; for my part I cannot imagine our Ancestors to be so [...]rrational, that they would ever agree that any man should raign over them as their lawful King, by their ful consents, but upon this condition, that when they found them­selves oppressed and burthened, his Majesty should be obliged to call a Parliament, and to agree to such Laws (quas vulgus eligerit) as the Parliament should present unto him for their happy Govern­ment, and not to dissolve them till they had done the business they were intrusted to do for the good of the Kingdom; for Parlia­ments never dye intentionally; and why may not such an Agree­ment be lost? As we know the Records of many Statutes are not to be found; yet it is written in the heart of every understanding man that so it was; for how irrational is it to imagine that the King was not bound to call Parliaments,36. E. 3. &c. which by Statutes ought to be every year or oftner, as need shal require: and if the King might disolve them when he pleased what fickle things were Kings, what vain things were Parliaments; and though it have been strongly obje [...]ed, that when things have been wel setled, the King is to have the negative voice in making new Laws, [Page 8] though not in expounding the old; because a Kingdom may sub­sist without making new Laws, but not without executing the present Laws: I say that the objector is defective in stated Policy; for the alteration or enacting of new Laws, is as absolutely neces­sary as to execute those which are made; a Kingdom may be as wel undone for want of the Kings negative voice, as for not execu­ting the Laws already establish't, for the wisest Parliament can­not foresee what wil be best for the Common good the next year; Such Exigencies of State may happen, and I observe that what hath been objected by the Kings late par­ty to the contrary, hath been that the Law is otherwise, but words are the least part of Reason; that which Mr. Jenkins writes is most true according to the Authorities which he vou­ches; but what Authority is it; some of the Judges of the Com­mon Law; very good, by whom were they made Judges? By the King. How came they by their places? The Eccho is, buy them, for until the statute of 5. E. 6. All judicial places were ge­nerally bought and sold, as Horses in Smith-feild; for a cheif Iu­stices place, it may be 10000. hath been given, and how long to continue? during the Kings pleasure; was it safe for them to argue for the Liberty of the Subject against the Kings Prerogative? the Temptation was very great to be for the Kings side in all Argu­ments; besides, Parliaments have been discontinued and short­lived: for my own part I do not much value his judgment, In a question of prerogative, who holds his place at the Princes plea­sure; for to stand to my own judgment or the judgment of him whom I elect is much alike; yet as there have been in all ages some that have stood for the Honor of Christ, and resisted unto the death; so there have been some that have argued for the Peoples Liberties. Bracton saies, Rex non habet parem in regno suo nisi Comites, Fortes [...]ue. Barones, et communes in Parliamento, et hanc potestatem a populo effluxam Rex habet. Another, that Rex est singulis ma­jor, universis minor, that the King hath no Peers in his Kingdom but the Lords and Commons in Parliament, that the King is grea­ter then any Subject, but less then all his Subjects, and that he de­rives all his power from the people. Fits Herbert and Shelley, that the King is servant to all his Subjects; set over them for their good; and this is the voice of right reason, 'tis impossible to ima­gine, that ever any man should have the consent of the people, to [Page 9] be their King upon other conditions, without which no man hath right to wear the Diadem: for when the first Agreement was concerning the power of Parliaments, if the King should have said, Gentlemen, are you content to allow Me my Negative voyce, that if you vote the Kingdom to be in danger unless such an Act pass, if I refuse to assent, shal nothing be done in that case? Surely no rational man but would have answered: May it please Your Majesty, we shal use all dutiful means to pro­cure Your Royal Assent, but if You still refuse, we mst not sit still and see our selves ruined, we must save the Kingdom without Your Consent, though we hope not against it: But then saith the Obiector, where is the Kings power? I answer, nothing at all diminished: his Maiesty hath more power then he can ima­gine for the preservation and happiness of the Kingdom, which is the end of all Superiority, but nothing for the destruction and desolation of the people: we say God is omnipotent, and yet he cannot sin nor do any iniustice: shal we say that the Kings power is diminished, because he may not hurt the people, or that a man is less in health becaus he hath many Physitians to attend him? nothing less: for 'tis impotence and weakness to do hurt and iniury: but the King is impowred for the good of the people: true, but he may not say that is for the Kingdoms good, which they say is for their hurt: what I do for my own good I may undo. Methinks this should satisfie every noble Prince; let my Subjects in Parliament pro­pound what Laws they please for their own security, 'tis a great ease to me: if the Laws be not good they may thank themselves, if they be good the honor is mine, my consent being as the Ma­ster-builder that gives the form and life to the Architecture; and if the Subiect suffers I cannot be blamed; but if the contrary should be Law what miserable things were Subiects; who wil trust his own father with his life? And who can be merry if a King or Governor may divide his head from his body, or him from his dearest relations by imprisonment, or otherwise, when he pleaseth; but here lies the root of all our misery; we take all for gold that glisters, every thing to be reason that looks like it, and e­very case to be Law which we find written in our Law books; whereas Law is reason adiudged in a Court of Record, where rea­son is the Genus, & the Court makes the difference from extraiuditi­al discours w^ch may be rationally, yet is not legally iust, if it be not [Page 10] reason the pronunciation of 10000. Judges cannot make it Law no more then the Venetian Madonnas can by their huge high heels in reality add one Cubit to their stature; as for example 'tis a Max me in Law that the King can do no wrong, therefore if he kill or ravish 'tis neither Murder nor Felony; I say 'tis against reason, therefore against Law; for if the King may kill one man he may kill one hundred, and what Courtier dare give any faithful advice when the King may without controul kill him or strangle him, and so not be guilty of blood; as the grand Turk that ha­ving promised to spare a mans blood, caused him to be strangled, and so shed no blood: or something like the case of the Duke of Glocester by King H. 7. this was acknowledged by the Tyrant, who having a mind to kill his brother, his Chancellor told him he might not by Law commit Fratricide, but, saith he, is there not a Law that I may do what I please? and let but Mr Jenkins answer, whether those Judges, whose Authorities he vouches were not of opinion that whatsoever the King did, it is in Law no offence, and then all that he hath written or can write against the Parl [...]ament wil not bear the weight of a feather: and I humbly intreat all indifferent men that read books more for satisfaction then a desire to contend for any party, but to answer me this question: Why should there be any more credit given to the opinion and authorities of the Judges, specially such as payd dear for their places, in matters of difference between the King and his Subjects in point of property, then there was to the Bishops for matter of Divinity: were they not both the Kings creatures alike? Was it the way of preferment by standing for the liberty of the Subject to get great estates? Have not the Iudges in many Countries been the raisers and first founders of great and noble Families? And were those estates got by pleading for the liberty of the subject a­gainst the Prerogative? We know who it was, not long since, that got a vast estate, and thinking to ingratiate himself with his Prince, said, he was seldom or never of counsel in passing any Pattent but he reserved some starting hole to make it voyd in Law if need were, which was as good as an act of Re­sumption. This is the grand Error, that subordinate officers are accountable only to the King, and the King to God, whereas all Judges and Magistrates are intrusted by the people: if the people give power to the King to chose them, 'tis out of a [Page 11] confidence that his Majesty wil nominate such as shal most faith­fully serve the peoples good, and when Arbitrators are impow­red to choose an Ʋmpire, he may be truly said to be chosen by the parties litigant: this ruines Justice, when men in places of Authority more esteem him that gives them their Commission, then the business that they are imployed about; when their eyes are more intentively fix't upon the stars of their inclinations who preferred them, then upon the publick good of the Kingdom, for whose sake they were preferred: for when a Magistrate is made great, the principal intent and meaning of the Law is not his great­ness and honor, but to advance publick justice: I, but says one, he is such a mans creature, raised by him E vilissimo pulvere, must not he requite his love, and pleasure his Father? No, justice is blind and knows neither father nor mother; the Judg looks not at the manner of the conveyance of his power, how he comes by his Authority, but at the matter of his Commission, and the true end of Judicature: the right understanding of one Scripture, 1 Pet. 2.13, 14. makes a good Judg, the words are plain, and being learned (for learning is a special gift sanctified for matters of policy and government) observes, that Kings are a humane Ordi­nance as wel as Corporations and Societies, and concludes that all those Scholastical discourses of Kings, being Jure Divino, are but tryals of Wit; and by Supream he intends that the King is su­pream to administer the Law, not to make Laws, much less break them, and Governors sent by him are for the punishment of evil doers, and for the praise of them that do wel, the want of this consideration ruined the Judges in point of ship-money, the grea­test part whereof were very very learned men.

I know this Error in judgment undid the Lord Keepers, Finch and Littleton, men of brave spirits, had they been for publick li­berties: Lord Chief Iustice. Banks a man profoundly studied: And Mr Jenkins being made a Iudg thinks himself bound in honor, Junare in verba: English men have ever been most thankful to those whose favor hath been their quickning spirit: 'tis pity any man should be undone for his ingenuity, and though the Law be [Page 12] rather politick then moral, yet I wish repentance may be expiatory so far as Salus be not indangered: O but, says one, all the great Lawyers followed the King! Not so neither, I am sure the poli­tick Lawyer stayd behind: Ambition and Avarice make many a man argue against their own liberties how many men in the world are content to be slaves to some few, that millions may be in ser­vility to them: it being demanded in a Counsel why so many there present should be of opinion that the Pope was above the Counsel, it being against themselves: Honest Verideus said, the answer was easie, because the Pope had so many Cardinals caps, fat Bishopricks and rich Offices to bestow, and the Counsel had none at their disposing. The Bishops preached at Court to ad­vance Prerogative above Law: saying, my Lord the King is like an Angel of light: now Angels all accountable to God only: that the King is Iure Divino, and are subordinate Officers Iure humano: whereas the Apostle calls Kings a humane Ordinance, and there is not a man in the Army from the most noble General to the lowest Officer, but is as much Iure Divino as the Kings Maiesty or the so much desired Presbytery: That David never offended against Ʋriah, for he saith, against thee, thee only, O Lord, have I offended: giving the reason that Bathsheba was his subiect, and that a man may do what he wil with his own: and that his Majesty was to repent of any oath that he had made for doing Iustice, for being intrusted by God, the oaths are voyd: Poe­nitenda presumptio, non perficienda promissio: The Iudges in like manner say that the King is a speaking Law, and carries all the Laws in his breast and might call Parliaments and dissolve them at his own pleasure: which if it were so, what a foolish thing was it to send for Writs and trouble the Counties with such Iudibrious Elections, like him that in the beginning of his Will devised 20000 l. to his wife, but in the latter end for divers good causes and considerations him thereunto moving, revoked the said Legacy, and left her nothing: When Iezabel had a mind to Naboths Vine­yard it was no hard matter to get Iudges to declare the right against the subiect: In dark times of Popery how easie was it for Princes to prefer such men to great places that would be Instruments to execute what ever they would have to be [Page 13] done; but I have better thoughts of the present times for now ju­dicial places are wel got, and by consequence wel used. I dare say there are not more honest men (the number considered) the of any profession in the world, then are toward Law in this Kingdom, and the Subjects would quickly find their usefulness to the state, were there but one good statute to cut off at one blow all unnecessary delays in matters of Justice, Root and Branch [which are far more hurtful to the Kingdom, then ever Bishops were] which God and the Parliament grant. The Em­peror having a mind to a Subiects horse, said all is mine, therefore this horse is mine: the 2 great Civilians, Bartolus, and Baldus were retained: one for the King said, the property of all goods belongs to the Emperor; for he that may command the lives may command the goods of his Subiects, and the usufruict and posses­sion only is the Subiects: the other Lawyer said for the Subiects, that the property is in the Subiect, and dominion only in the King according to Law: the Chancellor being Judg said, all is the Em­perors: who gave the horse to his Counsel, and told the Sub­iects Councel he should never be a Iudg so long as he continued of that opinion: but let no man obiect that I seem to asperse those learned Iudges which are at rest: I honor the memory of all good Common-wealths-men: and my opinion of them is that accor­ding to the Delatory forms of proceedings, they were good Iusti­ces between party and party, but when the Kings Prerogative and the Subiects liberty came in Competition, I affirm it confidently that all Iudgments have not been according to right reason: witness the case of the Shipmony, Knight-hood money, Tunage, Poun­dage, and Monopolies of all sorts, which they did not declare ille­gal: And how many Gallant worthys have they suffered to live or dye in Prison, whom they ought to have set at liberty by Ha­beas corpus? And he that looks into matters with a single eye, may easily discern that the Fountains from whence these late streams of blood have issued, were no other but the pride of the Bishops (a Generation who hated to be reformed therefore justly abolish­ed) and the pusillanimity and cowardice of the Iudges; for if the Bishops had been indulgent to honest people, and not Lorded it o­ver the Lords inheritance, (poor souls they would have been content to have suffered much for quietness sake, might they have but had the freedom of their Consciences in a [Page 14] peaceable manner) and the Judges been couragious to have exe­cuted impartial Justice between the King, and Courtiers and the Subiect: and in doubtful matter to have inclined to Liberty, the sword had never been unsheathed.

And for these present Reverend Judges, I have Honorable thoughts of them, but this I must say (else I should be a Traytor to my Country) that they tye themselves too much to old forms, and in Courting the shadow of formalities, and conserving the course of their Court, they neglect the substance of morall Justice, in not helping speedily every man to his due when the matter comes fairly before them, for I must live and dye upon it, that he doth not deserve the name of a good Judg that when the right appears to the Court; doth not help the party to it: beleeve it there is not so great an enemy to the Liberty of the Subject, as this over-doting upon old forms, as if the Cere­monial Law of the Jews were to be revived in the Common Laws of England; If a Judg or Chancellor, 300 years ago, delivered an Erronious opinion, this must bind us because he said so; and so if one Judg once err, this Kingdom must be undone perpetually be­cause the Law is so; Right reason is the wise mans president: where Judges are learned and solid what need they search for Pre­sidents? And why may not we make Presidents for others as wel as they for us? I never yet knew a politique Judg in England that, considering the end of the Law is to speedy justice, would dispence with writs to do right; lose formalities to find essentials: twelve Such politique Judges would quickly make the Kingdom happy for moral justice: Taxes we see are multiplied in all Countries, but what way is there to make the Kingdom amends for all the precious blood and treasure that hath been spilt and expended? Truly one Ordinance for quick and cheap justice would do it abundantly, that the poor may have justice for Gods sake, and the rich for rea­sonable Considerations: The favorites of state have always magni­fied the happiness of English men above all other nations in regard of the Assizes that twice a year Queen justice rides her Progress, and Justice is sent them home to thier doors; but I profess the Kingdom is a great looser by it, 'tis a meer spunge to suck away their moneys for little or no Consideration, matters of the Crown only excepted, and why more hast to hang a man for stealing a sheep then to help a poor man to his just Debt? for what a charge [Page 15] is it to try a Nisi prius? and when the matter of fact is tryed the par­ty is never the neerer; judgment is far of, the Defendent may dye, or elss writs of Error brought: that a man is not behold­ing so much to the Law as to a good purse to obtain his right; therefore this I would humbly beg of the Parliament for the pre­sent (because to settle a Court of Judicature in every County wil require time and much wisdom to foresee and prevent subsequent inconveniences) that the Reverent Judges may every Circuit, if possibly to begin this Summer circuit, be enabled by Commission to hear and determine, besides the Nisi prises, all private differences between party and party throughout the whole Kingdom, the matter to be brought before them by Petition the Defendent to have timely notice in person, or at his dwelling house by Affidavit of two witnesses, in case he appear not; both parties, to bring their wit­nesses and evidences, and the matter being heard to be speedily en­ded, and execution by the Sherif accordingly, unless it be very weighty, and then to be adjourned to Westminster; whereby a difference may be ended in a moneths time, for 5. l. charge at the most, which now costs 50, or 100. l. and is 3 years at the least in deciding, and ends most commonly with the ruin of one party; and the other gets such a blow that is long in recovering. I know this wil be counted a dangerous design tending to overthrow the Law, but it is only by such as fear rather the overthrow of their own profit more then they value the Law and the Prophets; for I am sure they cry out for quick and cheap justice: and I wil burn my books, nay venture my life upon it, that no man can render a reason nor frame an objection against this, but that I can easily re­fute it, if this be granted as a maxime of state, that the Publique good and quiet of many is to be preserved before the private profit of a few, say not that I shal hereby wrong my own profession: 'tis all one if I did in reference to the Publique good: but this is a great mistake, Lawyers would get more by speedy Justice, for who had not rather give his Councel 40. s. to end his business in a day, then attend many moneths, and give him 10. s. a time for motion upon motion, references and references: besides no wise man wil go to Law for: as matters are carryed, the worst end by Arbitriments is better then the best can be expected by the Law, all things compu­ted, unless in special cases; and so what is lost in the hundred is found in the Shire: pray do not say this wil prejudice the City, and [Page 16] keep away Termers: suppose it were so, why should all the blood in the body be drawn into one veine? When one member swels too much the body pines: but that's another mistake: for men would bestow that in Cloaths and Commodities which they now spend in Law-suits: but I hope time wil make us wise: but then comes the old objection, wil you have all things arbitrary and uncertain? Nothing less, but every Controversie to be ended ac­cording to reason and every former President, and Judgment to be authentical and binding so far as there is reason for it, and not o­therwise: the contrary practise is as dangerous to the state as im­plicite faith in matters of salvation: for I would but ask this que­stion: If a Judg beleives in his Conscience that former Presidents were against reason, whether if he observe them he doth not there­in condemn himself, but if he see reason for the Judgment, then it is his own Judgment that leads him, and not the bare Authority of his Predecessors; but it wil be alledged that reason is malleable, and one reason may be brought against another: truly in matters of moral Justice tis hard to imagine any great difficulty: that cause, which at first is a bul-rush, comes to be a Gyant: differences for the most part are plain and very easie at the first beginning of the suit; but when by motion upon motion, the cause is put out of its course, the matter grows so intricate that a poor Clyent can scarce get out of the Labyrinth: but my meaning is not that every rational man should be able to understand the reason of a Law-case: but that, that cannot be given Law when there is a good reason to be given against it: as put the case there is a verdict for a Just debt, now whatsoever can be alleadged that such a process did not issue regularly, yet reason says that the Debt ought to be presently paid; and this can be no more called confusion, then Mithridate deserves the name of Poyson.

And now if I should proceed Methodically, I should argue whe­ther the Parliament have sufficient grounds to raise Armies as they did, but that is but to argue whether the Protestants or the Papists be of the true Religion: and next I should lay down what those just grounds and Arguments were: but that would savor of Presump­tion, having been so fully and ungainsayingly declared by both Hou­ses, and might be unsafe if I should omit any: and at the best prove tedious to the reader, my desire being not to build upon any mans foun­dation, nor to bring Arguments which have been exposed to Pub­lique [Page 17] view already, though I judg them better then my own, yet 'tis but a kind of cosenage to the reader, to invite him to make seve­ral purchases of the same matter, a trick more Common then Com­mendable in this Printing age: yet something I must say concer­ning those matters; which is this, that the Arguments and motives which swayed me, to adhere so cordially and constantly to the Parliament against the late Oxford party, were rather Scripture grounds and reasons of state, and self preservation, then Law-cases and Printed authorities; for I always conceived that the King was obliged, to call Parliaments, as often as the generallity of the peo­ple besought him, and to disolve them til the Parliament said, om­nia bene was against his oath, and that he was to consent to all such Laws as should humbly be presented to his Majesty by both Houses; and when I find in our Law books, that the King is a God upon earth, as God is a King in heaven (alas Mr. Jenkins speak­eth too meanly and lowly of the Kings prerogative) both in those Incommunicable Excellencies of Infinitness and divine perfection; as also his Majesties power and perpetuity, that by a non obstante, he may dispence with a statute Law: a pure invention to set the King above the Law: I thought thus, that seldom did any man re­fuse to be a Bishop or a Judg, and when I read those cases that it hath been often adiudged that the King could do wrong, I con­ceive the meaning is that the King should do no wrong; a letter wil much alter the case: for I find that when smal offences and trespasses are not punish't, a reason rendred that the Law regards not smal things; the book to warrant it carrys the sense, that the Law reckons not the minuts and the odd hours, which make the Leap year; and I find Mr. J [...]nkins (though certainly a man deeply learned in Law Cases, and in the Histo [...]ical part of the laws; I wish he had so wel studied the end of Government, which is the welfare of the people) vouching Authorities by the halfs, for where he says that Bracton says, the King hath no superior or e­qual but God, he omits what the book adds, unless it be the Lords and Commons in Parliament: and so a man might as wel argue, that our blessed Savior said, hang all the Law and the Prophets; because he said upon these two Commandments, hang all the Law and the Prophets. When I read that the King may pardon murder, specially if the word murder, be not in the pardon, I find it con­trary to Scripture, and therefore take it to be no Law: and when [Page 18] I read that the King by his Prerogative may make a 20. s. piece by Proclamation to go currant for 40. s. or to be worth but 6. d. I conceive this to be against reason, and so against Law, worse then that abominable project of brass money, as the Honorable Com­mons were pleased to call it; for if I have 20. s. in my pocket and the King may proclaim this to be worth but 6. d. then may he take 19. s. and 6. d. from me, and then where is the liberty of the Sub­jects? Therefore I conceive that the Kings Prerogative in moneys is for the wel ballancing of trade, and equallity of exchanges be­tween us and other Nations: in case that other Forraign King­doms or states should inhanse or debase their moneys, the King may do the like for the good of this Kingdom: that our moneys be not exhausted and drawn out of the Kingdom, if it should be much dearer here then there; but the purest fallacy that I have met with, is that, how can the Parliament grant a pardon to others, when themselves sent to the King to New-castle for a pardon: as if a General pardon which is usually granted at the end of every Parli­ament, should prove the Parliament men guilty of all the offences thereby pardoned: A general pardon which is in effect as an act of Oblivion, supposes no particular man guilty, but tollit reatum quoad mundum: but a special pardon pre-supposes the offence: and must be pleaded: and so reason speaks it out that the King hath no Prerogative, whereby to hurt the people, but wholly for their good, save only in matters of honor and pleasure, and in a favourable construction of his Grants to be construed according to his intention, and not deception: which Priviledg every Subject in reason ought to enjoy, and I wish heartily that his Majesty may enjoy all his ancient and undoubted Royalties, and Prerogatives, that are according to Scripture and right reason: besides which there is nothing that can judg between a Prince and his people but the sword: and let his Majesties Honor be superior by many stories, then it was for the preservation of the Kingdom, in all things not injurious to the Subject, which his Majestie saies is all that he de­sires: and God forbid he should have any less, but let him not have power to hurt his Subjects, for he that by Law may do so, though he were the best man living, yet he is a Potential Tyrant, and his Subiects may fear him, but they can never love him: and the con­ceit of such a power, is enough to spoyl the best Prince living: I know some Hispanialized Courtiers and Common Lawyers that [Page 19] having rested in the Letter of the Law, not looking into the true meaning of it, have made his Maiesty beleeve that the Parliament have done him wrong, and taken away his Forts and Castles from him. What reason can Mr Jenkins, or any man give why the King may not as wel command all the money in the Kingdom as all the strength in the Kingdom, or all the horses in the Kingdom in order to the Militia? As the Pope commands temporals in order to spiri­tuals, for money is the sinew of War: Whereas his Maiesty was never intrusted by the people against themselvs, but against forraign forces, and that I take to be the meaning of the Oath of Suprea­macy, which was intended against the Pope, that the Pope is in no sort head of the Church, other meaning I know none in a spiri­tual way but civilly, and so it was declared by that gracious Queen Elizabeth about the 13. year of her raign, which is or ought to be printed: For did ever any rational people put the sword into the hands of any man to have the point of it turned against themselves? that 1 Sam. 8. proves that Kings are to fight the peoples battels, not the people to fight their quarrels: and if it be obiected that the King never intended to hurt the subiect with their own sword; I answer that that is all one, if the people say otherwise, for they must iudg, & because al the people cannot meet together, therfore the Parliament must judg, for not to argue the point concerning the power of the Militia, w^ch is but to argue whether a man be bound to kil himself. Put the case there were 20. men travelling together in a dangerous wilderness, they intrust one as a Captain to carry the sword, to de­fend them against all assaults, & cōmand them in order to their best safety, and make him Governor: at last they are of opinion that this Cap. intends to betray them, they intreat him to redeliver the sword, he promises to be faithful to them: now in this case if there were no apparent ground of jealousie and distrust, the 19. are to be blamed for their levity & disloyalty, but yet this Governor is bound in justice and common honesty to restore the sword and not to make a war a­gainst the 19. to reduce them to obedience; for if they wil be destroy­ed, who can help it? God doth not save any man against his wil, but of unwilling makes him willing: nor must a Kingdom be saved a­gainst their wils: a Prince is not to lead his people by their noses, but to open their eyes to see their own welfare and imbrace it: which if they wil not, their destruction is of themselves, they do ill, but the Lord wil not have them cudgelled into obedience, for this we find an example in Scripture of the 10. Tribes which revolted [Page 20] from Rehoboam their lawful King who had 180000. chosen war­riours to fight against them,2 Chro. 11 but the Lord forbad; and though that be called a rebellion, in the last verse of the former Chapter, the reason of that is, because Rehoboam was King by Gods institution and immediate appointment, and in such a case m [...]ght Rehoboam have said, ye have not rejected me but the Lord; but now all lawful power is originally in the people, and all lawful Governors chosen by them;A Con­queror hath Jus in re, not ad rem. (for a Conquest is but a great [...]obbery) good Kings raign by Gods approbation, Tyrants by his permission til the people can free themselves; Kingdoms at first were Elective till good Kings prevailed to have their children succeed them, and certainly hereditary Kingdoms are best to prevent Factions: and therefore the 19. wil have their Captain command them no longer; he may not fight against them, if he could procure any to take his part: nor wil it avail to say that the 19. are Ignorant or distracted; for he must not question the judgment of his E­lectors: if the people know not how to choose a King, then the Election is voyd, and so a defective title, but they that have judg­ment to consent, for reasons best known to themselves, may alter and dis-assent, for this ease stands upon a special reason, differing from all cases of bargains and contracts, that rights vested cannot be devested, and what pleased at first may not displease at last: the King is born for the good of his subjects, not they for his good, further then to give him honor, reverence and recompence: this is the wil of God to prevent Wars, which must otherwise follow inevitably: and 'tis a principle of right reason that as things are creat [...]d, so by the same power they are d [...]ssolved; they which may institute may destitute; it strengthens our faith in the resurrection, that the same power which made us of nothing can raise us out of the dust. Mistake me not, I say if all the 19. should so agree, if but 3. or 4. should adhere to the Captain, I d [...]liver no opinion in that case: but I am against that opinion that if any County or burrough. Town shal send for their Knights and Bur­gesses to return home and vote no longer, that in this case they ought to come back, because no man can be represented longer then he pleases; this erew to destroy the frame of the Government: For though every several Shire and Burrough make their several Elections, yet they are sent not only to vote for the good of their own County or Town, but for the general good of the Kingdom; [Page 21] and they make not several distinct representative bodies, but one intire representative body in the nature of a joyntenancy: as the Soul is in every part of the body, so every Member sits in the House for the good of the whole Kingdom, as if chosen by all the people: the several Elections being by agreement for the more conveni­ency. But when B [...]rgesses are chosen for one Town, all the rest give their consents to such an Election, and so in Law it may be called the Election of them all, as between partners in a Drade, one brings 1000 l. the other as much, this is layd out in Commo­dities as a common stock, now none of them alone hath power over any part of the goods, though it may be purchased with his money, but all things is to be done by a joynt consent, no disso­lution to be by parts, that is to dismember the body, otherwise this would follow, that if two Burgesses voted only for that Town which sent them, if one voted in the Affirmative and the other in the Negative nothing should be done in that particular: but that which I chiefly intend in this discourse is not only that there may be a right understanding but endeared affections between the King and Parliament: and truly I know no way like this, to be perswaded of each others sincerity, that they acted according to their judgments & that light which they had revealed to them: that his Majesty would beleeve, as the truth is, that the Right Honorable Lords and the Honorable Commons did nothing but what they conceived themselves in Honor and Iustice obliged to do for the safety of the Kingdom, and that otherwise they could not have answered it to those whom they represented: and that the Par­liament would be perswaded that his Majesty did nothing but what he conceived himself in Honor bound to do, without which he could not have given an Account to God nor his people with comfort; for possibly there may be an invincible Ignorance of one anothers right. The Cananites were in possession of a lawful title, the Lord commands Ioshua to dispossess them; who having a Command from God may lawfully fight, and they not knowing of Gods Command might lawfully defend themselves: now in this case if the Lord had not intended a National Church & the destru­ction of the Cananites, why might not an Israelite and a Cananite have been good friends, and said thus one to another, truly what you did you had some colour of reason for it, at lest you thought you did for the best, it may be I should have done so, had I been [Page 22] in your case: therefore let us do as we would be done by, as there have been Arguments framed against each others proceedings, so I wish heartily that the Kings Majesty and those evil Counsellors who were about him (hee's now guarded with Angels in compa­rison) would argue thus for the Parliament; the Kingdom petitio­ned both Houses to raise Arms for their preservation; what could the Parliament do in such a case, having voted that there was an apparent design to inslave the people? had it been sufficient for the Members to have told the people; Truly we gave his Majesty faithful advice, besought him to reform what was amiss, but he heark­ned to his Courtiers and would not; and so we left him to do what he pleased. What would the Kingdom have said in such a case? would they not have exclaimed against their Knights and Burgesses, as the French do against their twelve Peers which being intrusted to oppose Tyranny prevaricated. Oh ye unfaithful men I was there ever so great a breach of Trust in the world heard of? Did we Elect you to infranchise us, and do you suffer us to be inslaved? Would you not put us into a Posture of war to defend our selves, but suffer us to be destroyd insensibly, since you wil not deliver us, our freedom must come some other way; what can be said in reason against this? And so that the Parliament would argue for his Majesty, amongst others to use but this: What? must his Majesty give his Royal Assent to all such Laws that both Houses shal present unto him? Put the case then, that the Lords and Commons in England present an Act for the free exercise of the Protestant Religion in this Kingdom, and the Lords and Commons in Ireland present an Act to his Majesty for the establishing of Popery in that Kingdom; what should his Majesty do in such a case? Must not his Maiesty see by his own eys and make use of his own Iudgment and discreti­on what is fittest to be done therein? Are not the sinews of the Leviathan perplexed, as Iob speaks, is not this a ground to scruple the verity of that doctrine, that his Maiesty ought by his oath to ratifie such Laws as shal by both Houses be agreed upon? I have known many Clyents reconciled after tedious suites, and long en­deavoring the ruine of one another; but it hath been upon this ground, that they have verily beleeved that nothing was done by either of them maliciously, but in order to the obtaining of their several rights; and that by Gods blessing hath been an expedient, not only to tye their hands, but to unite their hearts, that it may be [Page 23] so between the King and Parliament, is my dayly prayer: til it be so, this Kingdom wil not be setled in peace and tranquillity. The very truth is, that by the Letter of Scripture and some Law cases, the King had a Colour to do what he did, as Gods Ordinance, ha­ving an undoubted right to the Crown by descent, as his proper in­heritance which no other Court in the Kingdom could have the least shadow of reason to do if they should break trust with the people.

I have but one stair more to mount before I come to the Army, and that is, how far the Kingdom is to be obedient to the King and Parliament in all cases? And herein I desire to be carefully observed; because the Kingdom cannot be convened in it's diffusive body, therefore it is formed into an artificial body in the high Court of Parliament, which without all question is the Supream Court, from which there is no appeal to any other, concerning positive Laws, for the deciding, and determining of the arduous and most difficult affairs of the Kingdom, both for titles of land when they please, and all the great turnings and windings of state, it being most proper to determine the greatest matters in the highest Court; in which cases though the judgment of Parliament be not unerrable, because the members not impeccable: yet it is Inevitable; for the Publique judgment of state resides there; and it is the wil of God that for the preventing of wars and bloodshed that there should in every nation be some supream Court to whose determinations every private man is to submit, as it is in Deut. Deut. 17.11. possibly many of the Iews might conceive that the ju [...]gment of the Iudg [...]s & Levites was not always right, yet it must stand to prevent a greater evil; I am not of opini­on with learned M Jenkins, that acts of Parliament, which carry a seem [...]ng repugnancy are voyd, or that the Judges have power to controle acts of Parliament, and construe them to be void, for this is to erect a higher tri­bunal; the Judges are obliged to expound the Statute according to the in­tent of the makers, otherwise they that are at the Oars should row against them that sit at the stern. The intent of the Legislators is the Empress and Qeen Regent, which the Judges are strictly to observe, and the [...]efore that objection of a repugnancy in the countenance of this Pa [...]liament (for how can ther [...] be a Parliament every 3 year, if this continue 7 years) is but a flourish, for in all acts, grants, and wils, such an Exposition is to be made that every word may have its weight and be of force the meaning is pla [...]n, that after this Parliament the [...]e shal be a Triennial Parliament, & some incongruity, no more then when a man makes a Lease for 7 years & after from year to year, and no ac [...] shal be construed to be voyd when by any reasonable intendments it may be made good; the Judges being Assistants in the upper House, cannot but know the mea­ning [Page 24] of the statute if it should be penned obscurely, and by the same reason they ought as wel to take notice of every private act as those which are general, and not to hazard the right of the Sub­iect upon a nicity of Pleading which is so fatal to many mens rights: but it behoves Mr. Jenkins to hold that Iudges may expound acts of Parliament to be void: when himself being a Iudg in Wales, nullified Ordinances of Parliament, made for the liberty of the Sub­iect, which he ought to look upon as an Ordinance of God, not to be disputed but obeyed: but this is the fruit of his studying Law upon the Sabbath days: whereof he was wont so much to glory, that he gained one year in 7, in his study: but all the hurt I wish him, is, that he would now study the Law of God, which is the only touchstone of all humane Actions, and the Archetype of all Governments: and what is against it, is pure innovation. But this I agree, that a statute against the law of God or nature is void, for man having no hand in making the laws of God or nature, they may not intermeddle in the Changing or repealing of them: but any positive law made by man, may be altered by the same Au­thority: and therefore the meaning of that in Dan. like the Laws of the Medes and Persians, which are unchangeable, is to be in­tended, either that those Laws were only a ratification of the Law of God or nature: a [...] the Counsel of Trent, that gave Authority to the holy Scripture, or else that they might not be altered by the Em­peror without the peoples consent. In the next place I conceive that no fundamental law of this Kingdom can be altered by the King and Parliament: but my meaning is, that nothing is fundamental but what is for the safety and happyness of the people: that which was no Law before it was written, that may be altered; but the hap­piness of the people was a Law before all written Laws. Magna Charta was Law before it was written, and collected but for ea­sier Conservation, being for the peoples happyness: and that sta­tute in 42. E. 3. that every Law made against Magna Charta, shal be void, is no more then the voice of Reason: for the Foun­dation cannot be removed, so long as the building stands. It trou­bles me to hear, when I am saying that Lawyers ought not to make the trouble and disquiet of poor men, the Basis of their Grandor; And that it were happy for the Kingdom, if the Parliament would device some expedient for summary justice: what saies one, wil you destroy all, and change the fundamental Constitutions of the [Page 25] Kingdom? As if the ease and welfare of the people should be their destruction; I look upon it as one of the most necessary works to be done in this Kingdom, and that wherein there wil appear much opposition, and if it be not suddainly done, it wil not be done in this Generation; our Laws are actually or potentially the best in the world, for if any thing be amiss, the Parliament may reform it ac­cording to right reason, which is the soul of al humane Laws without exception, & no Law ought to live longer then the reason of it con­tinues: away with all bugbear objections, and after Naseby fight lets never distrust God for any thing: I mean let us have such Laws as are not directly against Scripture: and for which some reason may be given besides the course of the Court: for that, for which probable reason may be rendred on both sides, is not fundamental; as the eldest son to inherite the whole estate: certainly there ought in all reason some provision to be made for the young Children, if the Father make none for them in his live time: but true it is, that many positive Laws are fundamental secundarily, to alter which would be ful of danger and inconveniences, unless it were most evident, that great utility would thereby arise and accrue to the Kingdom: but that is not my present work, something I intend concerning Go­vernment in general rules by which no man can conceive himself preju­diced: as by general rules of Physick, no wise man can expect to be cured.

1. That the people girt the sword about the King, the King says our Law books, is the fountain of honor, and it is true for the peo­ples good, therefore doth the King make Judges and Magistrates great, that they may not be afraid to do right and justice to their brethren, so that indeed the state confers honors by the King, as the King gives the Alms by his Almoner: they presume that the King wil make no Lords but such as shal be an honor to the Kingdom, in whom the Kingdom shal be preferred: the Judges Robes are for the Kingdoms good, to strick a terror into offenders; if the Kingdom or the Parliament which is the state contract, can justly except against those which are honored, that is, if they by their greatness oppress the people, and Lord it over poor men, the honor ought not to continue, for all Priviledges and Preeminences are forfeited by abu­sers: no Priviledg which is a private Law must oppose Publique welfare: Indeed nothing done without the states allowance is al­lowable, that is nothing against the fundamental good of the people; [Page 26] and truly the main end of Parliaments is, to supervise the Publique Magistrates, to see that Ministers of justice be just and execute ju­stice impartially: If Kings did always prefer good men and conferr the great offices of trust and judicial places upon the most idone­ous and best men in the Kingdom, which are Infra Causam meriti, that best deserve them, there would be the less need of Parliaments; I mean officers of the Kingdom, for there are officers of the Em­pire for the Administration of Publique justice, and officers of the Emperors as his Domestical servants; answerable to our distin­ction of the Kings natural Capacity, and his politique Capacity, art is always the perfection and never the destruction of nature. Let me but humbly observe a little defectiveness in state policy concer­ning the Kings Councel: That the Regal heires have not in their princely education, Tutors to instruct them in that which most concerns the good of the Kingdom, which is, Councellors to ac­quaint them in the fundamental laws of the land: how improper is it, that the Kings Counsel should be least of Counsel with his Majesty: but by per-audience to gain other Clyents, and be in­gaged in other mens business, when they should be attending his Majesty, stil presenting the law before him, which is the golden rule of justice. Judg Fortescue holds it necessary for the peopl [...]s happiness, that the King see with his own eys, what is for his peo­ples good, that so he may reward the most vertuous, the Fr [...]nch King is enioyned to pray so much every day, to be exemplary to the people, how happy would it be if the nobles and Grandees of state would study that fundamental and true end of Government, which is the w [...]lfare of the people! The young Prince of Persia hath 4, Tu­tors for Religion, as many for the Law, but 2, for Martial Ex­ploits (for they said for the King to know how to ride the Great horse is but half as good for the Subiects, as to know the law by which he wears his Crown) and one Tutor for every moral vertue, patience, courtesy, temperance, chastity &c.

2. Not to argue whether we live under a Government mixt and co-ordinate, or simple and subordinate; 'tis a common Tenent that the Empire France and Spain are merum Emperium, England, Sweden, Denmark and Poland a mixt Empire, the Venetians a pure Aristocracy, Holland, Geneva, &c. Jurisdictio sine Imperio: that, of the 6. Kings that be in Christendom, Fran [...]e and Spain have too much power, Sweden and Poland too little for their title, England [Page 27] and Denmark just enough to make themselves splendid and their people happy. All agree that the King cannot make a Law without a Parliament, and I cannot but exceedingly magnifie the mixture of the 3. estates; the superlative trust by Law is in the King, Lords and Commons; ('tis but loss of time to look back into the power of the Bishops, for 'tis not much above 100. years since there were Sta­tutes enforced for the Popes supreamacy) yet so as if the Lords and Commons perceive that the King by evil advice undermines the sub­jects liberties to the manifest indangering of Salus, they must then necessarily suspend the operation of that mixture; as when 3. men are to cary a weight, if one plucks back his hād, the other 2. must bear it: for the consideration of publick utility is always equivalent to a necessity, Causae necessitatis & util tatis aequiparantur in Jure: and therefore it is an error to say the people do not trust the right honorable Lords because they do not choose them: Their Nobility was acquired and is continued by noble actions; those noble Peers that have not deserted the Parliament, but continued faithful and adventured their lives and honors for the publick safety deserve e­ternal praises, and in the multitude of such Counsellors there is much safety to this Kingdom; for all true Honor consists in vertuous en­dowments and their improvements, the principal whereof is faith­fulness to the Kingdom, expressing their honorable endeavors after that in works of m [...]rcy, justice, peace and love. The King is ever present by his power; the Lords present in their persons, and the Kingdom represented by their choycest members, who are impow­red for themselv [...]s and the whole Kingdom, so the whole Kingdom is figuratively present by a part taken for the whole (therefore the words Comm [...]ssioners or Arbitrators, or Feoffees in trust, of excee­ding their power and such instances used by many, are in my opi­nion very improper); now the honorable House of Commons being best acquainted with the Kingdoms Condition, all good laws do move primarily from them, which being transmitted to the Lords for their Lordships concurrence, it is no smal security to this Kingdom in peaceable times, to have the reasons of the Law so­lemnly debated & perpended in the presence of the reverend Iudges; for ever, amongst Eagles eyes, two eyes may see more then one, and after their Lordships Concurrence, the Kings Majesty desires to be satisfied of the reason and equity of the Law before he gives his Royal Assent; by such wise and great deliberations Counsels prove [Page 28] most mature and happy, as Corn that is long in ripening. I conceive that the noble Peers were originally intrusted by the people as Guardians of the Contract which the King made with them, and these noble Lords follow the King as the Planets the Sun in the Zodiack, from whom they receive their light and splendor for the publick good; and the prevarication of some which have given his Majesty pernicious Counsel, as Eve tempted Adam (that had been sufficient to have undone himself and his posterity, but that the Law of England lays the blame upon the evil Counsellors) makes the fidelity and gallantry of the rest more glorious and illustrious: I would but humbly beg from that noble body, those great lumina­ries of State, that as their Lordships and their noble Families are exempted from the Presbyterian Di [...]cipline, so they would be nobly pleased to dispense with such who with any quiet of consci­ence cannot conform thereunto; that no coactive violence may be offered to such as be religious and peaceable in their differences, for that no rational doubt can be destructive of State-policy, as that noble Pe [...]r saith,Lo. Brooks. who went to heaven in a fiery Charriot. And be­ing upon my knees I would humbly beg of our most honorable Worthies 3. things:

1. An Ordinance for the Redemption of our poor brethren in Argiers and Tunis, which are Captives and Galley-slaves to the Turks: If money be wanting, oh, why is there not more general Collect [...]ons for that blessed purpose, far better then to give to free-schools, and because they are far of;

2. That in the interim the many poor slaves and hunger-bitten Prisoners, in and about this great City and other places of the King­dom, which are ready to starve, and no more able to pay those moneys which they lie in for, then to flie; and certainly to clap a man in prison til he can flie or pluck down Pauls, would be a great blemish to the Government of this Nation: Reason commands no impossible things, and a good Ordinance to be made for the sale of mens estates for the paym [...]nt of their just Debts.

3. That some effectual cours maybe thought upon to abate the price of Corn, specially barley, that the poor might not starve, which might easily be done by allowing fewer ale-houses, and the statutes for selling a quart of beer or ale for a peny, speedily put in execution. What a sad thing is it, that in a plentiful Kingdom many poor people should be ready to starve: oh, where are the bowels of English Magi­strates? [Page 29] why should rich men have superfluities til poor men have necessaries? Let the King and great ones feast and the poor many times fast, but let no man starve; truly the [...]ery Essence of a Parli­ament is freedom; a new Pope kept a Gawdy day to reioyce, be­cause all his sins were forgiven, and that he was now free from the censure of all men: and being a Gentleman, ask't a Cardinal, what shal I do now to shew my love to the Romans? said he, pray Sr. forgive us all our si [...]s, and make us as free as your Holines. The Ho­nor shal be the Parliaments, the happiness, the peoples. And here I would humbly pray those excellent Justiciaries to receive all com­plaints, Petitions, and Informations from whomsoever they come: I have thought sometimes attending some clients business, and hea­ring poor suitors complain of their long attendances, but if a man had some Information to give of a new Spanish-Fleet, or some dangerous [...]nvasion to be made against this Kingdom, he could scarcely be heard: in Holland when the general states are in Councel at the Hague, there are always some appointed to come forth to receive any information that can be given for the Publique good, and if any man says he hath business of Importance to Communicate, he go [...]s into the Counsel house: if it be frivolous he is wel laughed at for his pains, and it may be fined: but to what purpose should there be a freedom of debate in a Counsel▪ if there be not freedom of In­formation to the Counsel?

In the last great frost the River near Anwerp (that beautiful town in Flanders, which Charl [...]s the 5. said, was fit to be seen only up­on Holidays) was all frozen over as the Thames was: and about 2. a clock in a fair Sunshine afternoon, there being at the least 1000. people upon the River, the Councel being sate, there comes an old fisherman running and sweating to the Common-Counc [...]l door, and said, he must be admitted instantly about extraordinary business, who went in and told the Councel, that if they did not use some po­licie to get the p [...]ople of from the River, they would instantly be drowned: for he perceived by the clouds, or some skil that he had, that the Thaw would be so suddain, that the ice would break within a quarter of an hour. The Councel without any further dis­pute (for the matter had not been great if he had been mistaken) Commanded instantly the bells to be rung backwards, and the drums to be beat up, which the people upon the River hearing, thought it was a fire in the City, or that the enemy was approach­ing [Page 30] or some other extraordinary matter, made all possible speed From the river; yet not so fast but that there were at the least 50 drowned, for it grew dark of a sudden; there was a great shower the Ice broke, and the Thaw so unexpected that in probability had not this poor mans information been received, the most of them had lost their lives. How hard a thing is it for Clients and Counsel too to get into many places of Justice? The Door-keepers are so hasty and angry if a man do but ask them any question in the most sub­missive language, and many of the Clerks so teasty and brinish, as if they were composed of that pillar of salt that Lots wife was turned into, and so unaccostable that I profess a man may far easier have success to a noble Lord, or a worthy Member then to them: 'tis a shame to see how they make poor Clients dance attendance after their pipes; I profess if they do not reform their currishness they shal be known to all the Kingdom for their inhumanity; I confess the ingenuity, and readiness to give content with all civility, of those which attend the right honorable the Lords and Commons, and some others, is much to be commended: O but how difficult a matter is it to get a motion in some places of Justice? if a man could be dispatcht after four or five attendances it were brave, and that which is most lamentable, 'tis all one if a mans Client be a prisoner: whereas a politick Judg would ask at his first sitting, Is there any motions concerning life or liberty or dower for Widows or Or­phans, and dispatch poor men first; & them that can spare most Fees let them tarry; I know one that hath been assigned Councel for 26. Paupers & could never be heard or above four or five of them; 'tis a po nt of great [...]ngenuity in Lawyers to m [...]ve first for hi [...] poor C [...]nt without his Fee; I have heard many of my lea [...]ned Masters that they would freely move for any poor man as often as, he should desire, if it m [...]ght not hinder them f [...]r their other Clients; 'tis a gallant spirit trul [...], though it be t [...] commend our selves, yet 'tis a truth, and a man may commend him­self to be co [...]manded and imployed as David did; but some are l [...]ke Rocks and wil not be moved. What do you to me with your Paupers at the latter end of the day? When God knows he came two or three hours before the Cou [...]t was sate. What! do you think all to be heard? As if we came n [...]t to be h [...]a d bu [...] to hear others.

3. That free people in their right wits never covenanted against the Law of God o Nature, nor meant to inslave themselves to the lusts of one or more whom they elected or consented to be their Governors; for the end of Govern [...]ent is the welfare, peace, liberty, safety, propriety, and all kind of ha [...]piness of the people; were it n [...]t for which there would be no end of Governors nor Laws, nor can a Kingd [...]m be bound to any condition destructive to any of her own Members. Law is but the rule, safety is the and of Government; now the end as it is first in intention, so it is always [Page 31] more noble then the means, for the means, as means, is always inferour to the end, as he for whole sake a garment is made, is more honorable then the rayment; so health an [...] strength are the chief principal ends of dyet, food and physick being the means, therefore are inferior, so are all Governors subservient to the peoples welfare, as it is declared in that most excellent Declaration of the 17. of May, 1646. wh [...]ch deserves to be ingraven in marble Pillars, that the welfare of the people, is the su­prem Law; salus pop [...]li, is the end of all ends, for whose sake all positive Laws may be ended, and must expire like dead men; for the Law is but Lord of particular persons, th [...] C [...]munity is Lord over it, nay, the [...]e is no Law of G [...]d that stands in competition against the safety of the people; sacr [...]fic [...] must do homage to mercy, the morality of the Subjects must be suspended to save the life of a sheep, how much more for the welfare of the shep [...]erd; if it be lawful to br [...]k the 4. C [...]mmandment, in the Lett [...]r of it, to save a mans life; how much m [...]re lawful is it to dispence with the fifth Commandment to save the lives of mil [...]ons? all must stay and Lady Salus must first be secured▪ the Letter of the Law must not be killing to the people a whole Kingdom can no more be [...]u [...]ject to a dead letter then the Romans to their own slaves; and as the Romans being a people full of generosity and courtesie never more exprest [...]heir gentle disposition then by easie con­descending to let their bond men at liberty; so our Worthies in Parliament can never do a work more glorious then to infranchise this Kingdom in their souls, bodies and estates; for which they shal deserve immortal praises.

Q But hath not the Parliament an unlimited power and Authority?

Resp. What agreement was between the Counties and the Knights of the Shire, and the Corporations and Burgesses when Parliaments were first called, no man can direct [...]y say; for my own part I do beleeve that there was some fo [...]mal agreement reduced into writings, what power the Kings and Burgesses should have, and specified in the Indentures of return made betwe [...]n the Sheriff and Electors, and the Knights and Bu [...]g [...]sses; which trust the Parliam [...]nt men from t [...]me to time, faithfully discharging and Contribu [...]ing to all Taxes and Charges out of their o [...]n estates; the peo­ple at last were conten [...] to le [...]ve all matters indefinitely to their Knights, and Bu gesses, and in many Burrough towns, there was scarce a man that could write in those days; but the matter is not great, for th [...]t which li­mits all Kings and Councels is the end of Government, which is the pros­per [...]ty of the people; and all agreem [...]nts are presumed to be made for the welfare of the people; No unnatural thing can be presumed, Autho [...]ity is a challenge of obedience, legally by such as are impowred by any peo­ple Power (to speak properly) is an ability to put that Authority in exe­cution; now all power in the people; which they wel knowing, were not so careful as they might have been, to set limits and boundaries to Au [...]hority, becau [...]e the strength remaining in themselves, they could never imagine that any Governors would Command them to destroy them [...]elves, and therefore these Arguments about seizing upon the Mil [...]t [...]a, and forts of the Kingdom are weak and invalid; if the meaning be any other ways th [...]n this, that it is Rebellion for any or many private men to resist the King, and contemptuously to oppose the supream Court of the Kingdom, because they are less then his Majesty, [Page 32] but that both Houses of Parliament can commit Treason, acting for the good and by the power of the Kingdom, is to argue that a man may com­mit Treason against himself, and that a man is bound with his right hand to cut off his left hand; things which nature abhors.

Q. But what if a free people should make a general Letter of Attorney to some Governors to make what Laws they please against nature and hu­manity? May not a man tye himself to a post as the old Usurer that would bind the young heir to a Table?

Resp. I answer, the authority is voyd and revocable, for no power can be given that is destructive of humanity.

Q. But what if the Governors wil not let it go, but act accordinly? for Domination is a sweet morsel, not easie to be parted with.

R. I answer, that in such a case the pe [...]ple are bound by the Law of God and Nature, by force to redeem their liberties, they which be impowred must be overpowred, for free men can give away their freedom no further then as it conduceth to justice universal and paticular. Pha [...]aohs Law to de­stroy all the Israelitish males, or Herods cruelty, or Lycurgus Law to kill all weak or old people, or a Law to eat but twice a week, doth any man que­stion, but these may be resisted?

Q. But is not this contrary to Rom. 13?

R. Truly 't [...]s very observable that that Chapter should be sent to that people which are the only opposers of Civil Magistrates, but the mean [...]g is that none may resist Gods Ordinance; a people may resist all but the O [...]dinance; now no Tyranny is Gods Ordinance, there is no such autho­rity; if I be bound not to resist authority, 'tis a good plea to say there is no such authority; therefore all Tyranny is resistable, and that is but to resist the violation of the Ordinance; if a King would kill any man against Law, there is no question but he may resist to save his life, for self-preservation is by the Law of Nature; for when I can have no Justice, the Law makes me a Judg in my own case, as if a thief set upon me to rob me, I may kill him because there is no justice neer to help me; so if the highest Court in any Kingdom would kil the Kingdom, they may kil and dissolve that Court because otherwise they can have no justice upon it; for no man can give away the right of defending his life until he hath forfeited it. I assure you if Kings and Governors be cast at the Bar of Reason, the Scripture wil never relieve them; for God and Reason never differ but in metaphysicks; Did ever God impower any man to do injustice, or to erect a Court to inslave their brethren? Shal not the Judg of all the earth do right? God f [...]rbid, the end of Governors is justice, safety and protection, which must not be lost to preserve forms or private priviledges, which must never stand in competition with Salus. Substances must not be lost for formalities, Justice must be done, God commands it, if the Commanders wil not do it the people must, have a care of the main is a good Proverb; the main of all is to prefer the main; I speak all this while when Governors act apparently against their Commssiions and the safety of the people; he is a Tyrant whom all the people shal call so; and that supream Court is Tyrannical, of whom all the people shal say so, which is hard to imagine of any general convention; for it is not possible to vassalize the people but themselves must likewise be inslaved.

Quest. But if in such cases blood be shed, who shall be said to be guilty of it?

Resp. The neglective Magistrate is guilty of all following ex­orbitances and extravagancies; he breaks the peace that constrains me to break it for my own preservation; nothing is more law­lesse then that Law that would endanger the Publique welfare; not the Actor but the En [...]orcer rebels against right reason, and ought to suffer for double enforcing and accusing.

Quest. But which is better of an Anarchy or a Tyranny?

Resp. I have read much for satisfaction in that particular, and truly I conceive it farre better to have no Government at all then a Tyrannicall one, as being better to have no Governours then to misse of the end of Government, which is the peo­ples good; I agree it better to have continuall sore eyes then to be stark blind, and that is no good cure for the tooth-ach to pluck out all the teeth; but the principals of common Ju­stice and honesty are still remaining in every man, though much defaced, yet not quite obliterated: and that which is sufficient to condemn the Gentiles, would be a better light to the people then to give absolute obedience to the will of a Tyrant; for what difference is there between being gover­ned by the Devill, and a man that is possessed with the De­vill? if there were no Governours in a Kingdome, but every one stood upon his guard, if a man were foiled at one time he might get the better at another, if to day he were grieved, to morrow he may be relieved, and no man durst kill for fear of being killed; for who is so strong but may meet with his match? therefore lesse mischiefe certainly to have it so then a perpetuall slavery.

Obj. But it will be objected that Magistrates are but in a dangerous condition, if the people upon every discontent shall be mutinous and quarellous, and upon a supposition of injustice done, presently take armes to destroy Governours and Go­vernment.

Resp. Indeed this is diligently to be pondered, and this I take clearly to be the minde of God, that in Kingdomes and States well setled, many Acts of Injustice are to be suffered without resistance, and to bee past by insensibly: In a great building a stone that is ill placed must not be removed; certainly [Page 34] when God commanded obedience to Kings, he considered that they were passionate men, with like affections, and would have Favourites, as others.

As sufferance is counted by the Papists the highest point of merit; so certainly sufferance is the greatest wisdome to prevent a greater sufferance in matters which are sufferable; and I could be content to loose any thing, but my Conscie [...]ce and Liberty, and specially for Christians to suffer in matters of common Iustice, and the things of this world; truly, I should highly commend it, because their Kingdome is not of this world, the losse of a Christians outward estate is not the losse of his inward comforts; nor is every cruell Government Ty­rannicall, it is much better to suffer much under the gracious influence of Iupiter and Venus, then to live as Vulturs and Cormorants under malignant Saturn and Mars, like Canni­bals feeding upon one anothers bloud: If I knew that my Father would come into my chamber and beat me for nothing, I would not resist him, but if I were perswaded that he were resolved to kill me, then I should defend my selfe, and if it should come to that sad strait, that I must be killed or kill, though possibly my affection might chuse rather to lose my own life, then to be the death of him that gave it me; yet my judgement would prompt that it is sel [...]e murder in me to betray my own life when I may preserve it, and though I should esteem my selfe most unhappy, and rather wish that hand that did it had been cut off; yet not dispaire, because it was against my in­tention and my will: If I were asked, who was the most un­feigned lover of his Countrey, and the Kingdoms best friend? I should answer in two things, He that is most forward to go wayes which are dangerous to himselfe, and safe to his Coun­trey, whereby I exclude Neuters that will be sure to sleep in a whole skin: 'tis not the Innocent Sheeps skin, but the Foxes skins; (when the King of Sweden approached Frankford, the Citizens sent to him, that they might be Neutrall till their Faire was past, what sayes he, Are your Faires dearer to you then your Consciences?) by Solons Law Neuters were to be hanged.

2. He that is content to suffer, when his private sufferings may conduce to the Publike good; for every English man is a [Page 35] member of the body Politick, and what is good for the whole, he must conclude to be good for him; 'tis true, those that will not execute justice, deserve to be executed themselves; but consider whether sufferance or resistance conduce most to the common good; There are some Scriptures which seem I con­fesse, to be contradictory, We reade in the Book of Ioshua and Iudges, how a suspition of Idolatry causes Israel to assemble to warres against Reuben, and Mana [...]seth, and against Benjamin, for the Levites Concub [...]nes, all rising as one man, saying, Deliver us the children of Beliall; and Jonah was cast out of the ship, that would have been the wrack of them all; David took up armes against Saul in his own Kingdome, his King, his Master, as in his house and of his Table and Family, fled to Sauls Enemy to Akish, and offered to second him against Saul, fortifyed Ketlah one of his Towns against him; and if Saul had stopt the Cave to have pined him, doubtlesse he wou [...]d have used means to get out; and yet God was his Counsellor by discovering the Princes of Keilah their intentions; and the people cryed all with one voyce, Jonathan shall not die for the good he hath done to our Countrey: and the Scripture speaks plainly, that tribute is to be paid so farre as the subjects may pay tribute to God, for this cause pay we tribute; I give such reverence to the holy Scriptures, that when I finde a president, for which I doe not understand the reason, I conceive there was a reason for it in those times, which is now absolete; things were done by speciall inspi ation, which are not exemplary to us, nor may we judge where the Scripture is silent whether it was well or ill done; but I am clearly of opinion, that in a Kingdome well composed, if one man or 100 men should suffer in the Kingdome, that the subjects ought not to take up armes suddenly to right themselves, but expect with patience till the Authors and procurors of injustice be brought to condign pu­nishment; for when an evill in State Policy cannot be removed without the manifest danger of a greater to succeed, wisedome must give place to necessity, (which all Kingdomes must make use of ordinarily) and people must studdy when the best man­ner of Government is not possible without great danger to be obtained, to make the best of the pre [...]ent; when the best things are not possible, to make the best o those that are; as we say, [Page 36] to make the best of an ill game, and not to throw it up, and say they will play no more, 'tis not the part of a faire Gamster so to doe; when all things are quiet in a Kingdome, then consi­der how that which must be endured may be mitigated, and the inconveniences countervailed; but if the State collective in the whole body of it, or the State contract in a Parliament or Senate, shall upon good grounds conceive that the point of that sword, which they put into the hands of their Governours to protect them, is by evill advise turned against themselves, in this case clearly the sword must be wrested out of the Trustees hands; if the Master and the Mate be drunk, all the Passengers must save themselves; if the Dogs will not bark, the Geese will cry when the Gaules are scaling the Capitoll: for no in­convenience can be greater; and this was the Parliaments case for raising Forces; they wisely considered before they Voted any Army, that in that condition the Kingdome stood, the remedy could not possibly be worse then the disease, for the disease was the utter subversion of Lawes and Liberties, and the destruction of the Protestant Religion, at least in the power of it; for truly to speak my thoughts freely, I doe not think that the difference between the late Oxford Party and the Parliament, was whether we should be Protestants or Papists, but whether we should be formall Protestants at large or Pro­fessors in the power of Religion: and God grant that this may no longer be the Controversy in this Nation.

But because tediousnesse and delay has ever been an enemy to this Kingdome, I shall say no more in a subject that has been so much controverted concerning the late unhappy differences, but shall apply my selfe to the present juncture, and first con­cerning the Army.

1 Pet. 3.15.BLessed Peter bids Christians to be ready to make an Apo­logy for their faith; but truly there needs no Apology for the Army, unlesse it be for their too much patience, in suffe­ring the Kingdome and themselves to be so long abused by­some Incendaries of State, who care not to set all on fire to warm themselves; For had they come to the Houses the next day after they were declared Enemies, and demanded Iustice against the cheife Promoters and Contrivers thereof, it had [Page 37] been most just, by the Lawes of God and man; and I am confident, that there was never any former Army in the world, but would have done it. That such Gallant men which have kept some of the cheife Contrivers heads upon their shoulders, for an humble Petition presented to their Noble Generall, (which all Souldiers by the Law of Armes may doe,) should be voted enemies and disturbers for that which since hath been acknowledged to be but just, was the most monstrous ingra­titude that ever was heard of under the Sun since the first moment of its Creation; and sure they durst not so justly have provoked them but that they knew they were acted by more noble principalls, that though they had the sword in their hand, yet they durst not offend God, Religion being to them the strongest bridle. But whom God will destroy for their great Provocations, he first dementates; they have rejected the Counsell of God, and what wisedome is there in them? Policy is a branch of wisedome, and all wisedome is from God: but this I must premise, that that Declaration was not in judge­ment of Law any Act of the Honourable House; for the most Honourable Houses being the Protectors of our Lawes, the Preserve [...]s, Surveyers, and Defenders of all our lawfull Liberties, and the Haven and Refuge of all that are oppressed, it cannot possibly bee imagined that they in their great wisedomes should (unlesse misinfo [...]med) vote them enemies to the State, and disturbers of the Peace thereof, which with the adventure of their lives have saved the Kingdome, and preserved the Peace thereof. I say, under favour, we can no more imagine it, then wee can the Sea to be poysoned; but it was in Law a Decla­ration of their malevolent intentions, who exceedingly mis-in­formed and seduced, and did what in them lay to poyson the very fountain of Iustice who suddenly contrived it in an illegall way against expresse order, at an unparliamentary hour, and so a meer nullity, rather a Nocturnall surprise then a solemn act of Consultation: Livery and Seisin made in the night is void; if a man be rob'd in the night, there is no reliefe for him, it being no time for travell; no distresse can be taken for rent in the night time, but a distresse for dammage Feasant may, for the necessity that else the beasts will be gone; and so by a gene­rall consent our Noble Senators have broken their sleepes, and [Page 38] sate upon the Lords day in cases of great importance; but was there any such pregnant necessity to vote that night against the Army? I know that the supreame Court can never ty it selfe to any times or houres; yet if forty Members shall goe into the House at twelve at night, when it was adjourned till the next day, and vote any thing to the indangering of the Kingdome in a second and more bloudy warre, is not this a pure nullity? but I shall say no more concerning that which hath been sower hearbes to Gods people, that the walls and bulwarks of the Kingdome should be lookt upon by any as thornes and bryars: becau [...]e I consider that things extinguisht may not by Law be revived, but this I am confident that our Noble Worthies and the Army are very great gainers by it; certainly no vote this Parliament has more endeared the Honourable Houses to all ingenuous men then the revocation and expunging of it; For though it be easie for the highest earthly Tribunall to be mistaken by mis-information, it is the rarest thing in the world not to justify an errour. Every Court is more stiffe to maintaine what they have done, then carefull to do nothing but what in right reason may be maintained; the magnitude of negotiations and multiplicity of votes, many times like apples may hinder the maturity of one amongst 10000. which is not the least dishonour to the great tree of life in our English Paradice the Parliament, whereupon growes and which is as the very tree of life of all our temporall liberties. Who but a David, a Iob, a Peter, or a Paul, will testify such a sweete Spirit of Christian Ingenuity? And St. Austin got himselfe more love and honour by his book of recantations then all his other works besides, and the Army undoubtedly ha's acquired much honour by that Noble retractation and obliteration, being an actuall and effectuall justification, and lost none by the publi­cation of it, for no dust can stick upon pure marble: yet let not the cheife promoters of it pretend innocency, nothing but repen [...]ance can be their vindication; Indeed our Saviour saies that they shall think to do God good service by killing his ser­vants, this is their case who are the reall disturbers and troublers o [...] the peace of this Kingdome; they thought to promerrit by Sacrificeing the Children in the sight of the Father; There was a great King that was resolved to pardon all the Treasons, and [Page 39] Rebellions committed against him, till at last he espies the blood of his son sprinkled upon the Traytors garments, and then no further condonation; The Lord will beare with tyrants and oppressors long, as in Turkey, Russia &c. against that rule Nul­lum violentum est perpetuum, because the times of their Igno­rance God regardeth not, and they meddle not with the apple of his eyes which is conscience: but that pretenders or professors of Religion, which had scarce time to blesse God for their own deliverance from Arbitrary power, and the Bishops domination, should presently become oppressors themselves and persecutors of their Brethren; as it is to me one of the greatest miracles in the world, so it clearly prognosticates their ruine, for pride is the Harbinger of destruction, as Thundering and Lightning are not far asunder, and ingratitude is seldome punisht in another world, What an high esteeme and good opinion had this Army of the Parliament and City? what abundance of love did they expresse to them? deare souls! what needed they to have adventured their lives so freely more then o [...]her men? their ingagement was not mercinary as Auxiliaries in France or Spaine, who look not at the justice of the cause, but the best salary, and pro­long the warre as coveteous Surgeons keep the wound raw for their own advantage, and so drink the blood of poore in­nocents; but it was an honorary service as lovers of their Coun­try that were resolved mori pro Patria, rather to dy an Honou­rable death then to live a servile life, and therefore did not make a truce when they had taken one Garrison, and give the Enemy time to reinforce, like day labourers that care not how long the harvest continues, but as if they had contracted by the great to save the Kingdome for so much; surmounted all difficulties, run upon the mouthes of the Thundering Canons (which were in­vented to deterre men from going to warr) as if they had been spirits and not bodyes tangeable, or as if they had coveted no­thing more then active Martyrdome, and what wonders were wrought by them in the revolution of one yeare requires a better memory and an exacter pen then mine to record, that the generations to come may call them blessed; for by this Army the Lord of Hosts hath rescued and redeemed the liberties and properties of this Nation, out of the jawes of all oppressors; to the end I trust that being so delivered, we [Page 40] may serve him without feare in holinesse and righteousnesse all the dayes of our lives; so that I may truly say, that this Army (whom the Lord maugre all opposition will make glorious In­struments of his prayse) hath been the breath of many of their nostrils both in Parliament, Assembly, and City; they had not long breathed but had been strangled or lost their heads, had not the Army stood in the gap for them, and yet by these mens good or rather wicked wills, the Army should not have liberty to breathe in the Land of their Nativity; was there ever such a masse of inhumanity and ingratitute heard of? What a blemish lies upon the State of Rome to this day, for their unthankfulnesse in the case of one Scipio, and upon the Lacedemonians, for not erecting Monuments of honour for Al­cibiad [...]s, and Socrates? Has not England sins enough to answer for, but it must be guilty of ingratitude? How would not only Romans but Pagans have erected Statues for the perpetuall Ho­nour of the Noble Generall, Lieutenant Generall, and the rest of those Joshua's and Worthies which have been as the second saviours of this Kingdome? and that which Crowns all, is their self-denyall and humility; willingly do they talk of their errours, but what is well done the Lord hath done it, and it would have beene better but for them; as the Master that guides the Schollars hand to make a letter, the straightnesse is from the Master, the obliquity from the Schollar, without whom it had b [...]en better; yet they, and the people of God in this Kingdome, cannot but rejoyce, that the Lord made use of their hands, in this great work of Reformation; But that I may not only shew my own affection to the Army, and take the Readers affection, but convince his judgement and informe the understanding in point of rationall satisfaction, I shall endeavour, I hope not with­out successe, to make it very cleare, that the proceedings of the Army in not suffering themselves to be disbanded till the Ho­nour, and the Liberties of the King, and people, be setled and vin­dicated; Is clearly justifiable by such demonstrative Arguments, that the impartiall Reader cannot but in his judgment inwardly assent thereunto. It cannot be denyed, but that this Army was rai­sed to defend the just Liberties of the Subject from all Tyranni­ca [...]l U [...]urpation, Arbytrary exorbitances and Irregularities, and all [...]ppressive wayes of Government, to which end they have bin [Page 41] honest, faithfull, and true, as the Turtle to his Mate; for if all the malice in the world were infused into one eye, it could not discern the least spot of injustice, or violation of trust in this Army, for he that is true to his end, can never be said to break a trust; let but every man consider whose actions have been most suteable, and agreeable to the solemn League and Covenant, whether the Armies or theirs that oppose them; and then tell me whether it be better to take the Covenant and to break it, or not take it, and yet to observe it; whether is better to endeavour the extirpation and weeding out of the precious corn under the notion of tares and weeds, or to en­deavour by all just means to hinder and prevent the slavery of this Kingdome under the notion of Order and Uniformity. Read but the Preface to the Covenant, which is as it were the key to open the minde of the makers [that having in our eyes the advancement of the Kingdome of Jesus Christ] sure that can be no other then to set up Christ in his Kingly Office as Head of his Church, for temporall Kingdome he hath none; and if man must raign over the Conscience, where must Jesus Christ raigne? and calling to minde the practices against the Professors of the true Religion, what were those practises, but to imprison and persecute the best Christi­ans for their Consciences? and the power of the Hierarchy was principally erected in the Consciences of men, therefore all Domi­neering over mens Consciences is to be rooted out, and certainly the greatest errour and heresy in this Kingdome is to assume a power over the Consciences of Gods people; and an unfained endeavour to amend our lives, there's a personall reformation; and to go one before another in the example of a reall Reformation, that must be intended a publike Reformation; not to wait upon Autho­rity whether we shall serve God or no; but the Cobler to go before the Doctor, the Sculler to out-row the greatest Schollar if he can, and not to hamstring them that would go foremost in the power of godlinesse, for a mans generall calling of being a Christian does not depend upon the Magistrate. But why should not such a Di­scipline be setled universally as the greatest number of wise and Learned men shall agree upon? The answer is easie, because in very many Counsels Jesus Christ hath been out-voted by Anti­christ, and the Assembly doe not say that they are priviledged with the priviledge of Infallibility: let the rigid Presbyterians in the Assembly but answer me this Question, whether two parts at the least in three of all the Ministers in this Kingdome, be not for a mo­derated [Page 42] Episcopacy, and the Common-Prayer-Book? if ever it come to a Nationall Assembly, differences must be ended by the major vote; that which they answer, that few or none will be cho­sen, but of the Presbyterian judgement, I cannot believe it, for 'tis a violent presumption that men will nominate those of their own opinions; if it bee replyed, that we see in many places where the Electors have not been very religious, they have chosen the most religious Professors for the Parliament, that was not for the love of their Religion, but they knew they were the best Common-Wealths men that stood for the peoples Liberty; nor would that serve the turn if it were so, for the elected ought in Conscience to vote according to the generall meaning and judgement of the E­lectors; wee see in the Noble Ho [...]se of Peeres, a Lord that has a Proxy may vote for himself in the Affirmative, and for the absent Lord in the Negative, if he send to his Lordship so to doe: if four or more Ministers were chosen by all the Ministers of a County, and sent to a Nationall Assembly, these men ought not to vote any thing against that which they know to be the generall intent, meaning, and desire of those that sent them; but whether the generall comportment of the Army in all matters universally, and their late Actions, Remonstrances, and Declarations, be not more pursuant and prosecuting to the true meaning of the Covenant, the firme setlement of this distracted Kingdome in a substantiall and compleat manner, then any thing that has been published by the contrary-minded, let all the world judge. But when will heresie cease if there should be such an indulgence as you desire? This question is answered by B [...]ccalino, Ragvagli di Parn [...]sso. and tis worthy the read­ing; All the great ones came to the Oracle of Apollo to enquire concerning themselves, at last came the Bishops exclaiming won­derfully against errors and heresies, that the Romane Catholike A­postolike Church was quite destroyed by them, and the Iesuites la­mented the want of love and charity, and said all was for want of order and uniformity; the Bishops desiring to know when their errors and heresies would cease, and the Iesuites desiring to know when there would be love and charity; great expectance there was to know the Answers, at last the Oracle said that errors and here­sies would instantly cease if the Bishops and their Successors were abolished; and that love and charity would abound when the Ie­suites and their Accomplices were extirpated: Observe two things, first, that persecution for Conscience sake is the only brand of [Page 43] the Antichristian Church; secondly, that those that complaine so much of errours, are the greatest occasioners of them; and he that bids look to your purse, is the most dangerous fellow in the crowd. I am sure, if Gods glory were aimed at, no difference of opinion amongst Protestants could possibly break the bond of love; may we meet in Heaven together to praise God eternally, and shall not we live lovingly together under one King? Is there any man in London but sayes he hopes to be saved by faith in Iesus Christ? or if not, shall we send him to Hell unlesse he disturb the publick peace? (which no man must doe, for a Kingdome must preserve it selfe,) as that precious King E. 6. said, when the Bishops would have had him burnt a Heretick; whither will his soul goe sayes that young, truly young S. Edward; to Hell said those bloody Bishops; but he shal not if I can help it, sayes he; do you endeavour to convince him; however, I will not send him thither before his time; tis presumed Theeves & Mur­therers repent, he does not: Those are bloudy butchers, sons of that scarlet Whore, that would have many men (as free from errors per­adventure as themselves) in their dayes burnt for Hereticks upon the Stat. of 5. H 4. made against Protestants. Was not that H. 4. a Usur­per? Who was it that murthered, R. 2? Who but purpurated Persecutors and bloudy wolves will deliver poore Christians to death or to cruell jaylors, which is all one; for there is no magis and minus in persecution. Matters of wrong and offence are punishable, but not matters of Conscience, unlesse they bee proditorious positions. If Protestants had been guilty of a Powder Plot in France, I believe they would never have been tolerated longer: hath not England paid deare enough for innocent bloud? God hath been reckoning with Us for the bloud of Barrow, Green­wood, Tisdale, Ʋdall, Cappinger, and Oyers: doe but reade that ex­cellent Treatise of that Worthy Author Sir Simon Dewes concer­ning this Subject, which is sufficient in reason to end the great controversie of the Kingdome, and to cast water upon, and ex­tinguish all the flames of our present differences in matter of errour.

2. There is no other expedient left to settle the subjects liberties, but by the continuance of this Army, for he that knowes any thing of the temperature and constitution of our Governours and Go­vernment must acknowledge that in probability, a Reformation in Courts of Iustice, and a meet liberty for tender Consciences, two things of the highest concernment, cannot without the interven­tion and assistance of this Army be expected, for who will consent [Page 34] to prejudice himselfe, or derogate from his own profit for the pub­lique good: put case the Bishops were sitting in the House of Lords and the greater part, what hopes were there to passe an Act for the abolishing of Episcopacy? Let all Histories be inspected and it will clearely appeare that the heart of oppression in any Kingdome or State, was never broken but by the mediation of some strength, and therefore we should love those truths which cost so deare: and this not only in matters of Religion (which was introduced by blood in Germany, France, Scotland, Poland, Sweden, Holland, and all places where it is establisht, save only in this Kingdome; yet the Prophecy was,By Grosted Bishop to H. 3. Populum Dei in Anglia non liberari à Papatu, nisi in ore gladii cruenti) but in matters of Civill Right, and Common Iustice. And now that God has prospered our Worthies in Parlia­ment and made this Army so succesfull, shall the Kingdome be con­tent with halfe their liberties? or remove the Court of Wards only, and let the poore Client be plagued and perplexed in other Courts as he is, and no hopes of redresse? oh happy Indians that have no Law Suits, or suddenly ended. Concerning both, I trust this Kingdome will ever magnifie and reverence them as the supreame Court; and as all the members of the body have a care of the head, and venture all to save that; so must all the people of the Land, venture their lives to maintaine the Honour and just priviledges of the King and Parliament; my meaning is, that wee ought to have this esteeme, not only of this supreame Court, and the constitution of the Government, but of every particular member, untill it plainely appeares that the Acts and Votes against the liberty of the Subject, and mindes his own profit, gaine, and the preferment of himselfe and his friends, driving on furiously like Iehu amicable and peculiar interest, and neglecting the publique welfare of the people; that being priviledged himselfe from all suites, is not sensible of the Clyents sufferings. I have often thought that it were to be wisht that Magistrates had suffered in their own private conditions, that so they might learn to pitty others; cer­tainly for a Parliament man that is elected to guide the Ship of State, to looke after the Cockboate of his own private fortunes, and cares not whether the Kingdome bee Shipwrackt so as he may with the broken plankes build himselfe a habitation; as it is the highest Treason that possibly can be committed, as being a breach of greatest trust; so certainly such a man, to say no more, deserves expulsion from the Honourable society. And if by the long continu­ance [Page 45] of Patliaments (which I take to bee the present case) some members shall joyn confederate together to advance themselvs and their own party, and d [...]presse all others that shall oppose their am­bitious designes; and by their active vigilance and studied premedi­tations present matters so plausible in the House, and having the moon and starre-light of naturall parts and other politique advan­tages, shall so prevayl to carry a Vote to the infringing of the peo­ples Liberties; if such an extraordinary case happen, it will require an extraordinary remedy. I confesse when a Vote of great con­cernment is carried but by 3 or 4, the lesser number is included in the greater, as 4 in 5; and when there is 203 vote for it, and 200 against it, the Vote is not past by 3, but by 203: and as Solo­mon sayd, two are better then one, therefore no better way hath been devised; yet it cannot bee imagined that a fourth part in the Honourable House should ever vote against the Liberty of the sub­ject, if the design be rightly apprehended, unlesse it be in a matter wherein they are exceedingly concerned in point of profit, in which case they are to be intreated to be absent: but must a kingdom be undone in such a case? his Majesty agrees that there is a power in both Houses more then sufficient to restrain Tyranny, and that his Prerogative is but to defend his peoples Liberties; sure then the Parliament will give mee leave to inferre without any offence to that supream Court (which is the honour and glory of the English Nation) that there is in the people a sufficient power reserved to preserve themselves from slavery and oppression, if those whom they have chosen to infranchise them, should be the infringers of their liberties: But here I shall be demanded, why should not the Army beleeve that the Parliament will, as they declare, settle the just rights of the King, and his subjects? Truly not to beleeve a Par­liament, is morall Infidelity, specially such a Parliament which hath done such wonderfull things for the good of the subject as this hath done; for our forces had not been so victorious abroad, had not our Councels beene most wise at home; but yet reason against sence is sophisticall. Nor can I beleeve what some of the Assembly pretend, that hee which is imprisoned for his conscience, has the liberty of his conscience; and now I have named that which is the great Apple of contention in this kingdome; for to speak my thoughts freely, though I beleeve most of the Assembly are men regenerate, and good Christians, and therefore I love them; yet had they never met, I am as confident as confidence it selfe can [Page 46] make me, that this kingdome had long since been setled in a peace­able posture; for we may thank them for their learned distinction of Presbyter and Independent, between whom lovers of peace desire to make the difference very small, but contentious spirits study to make it a wound incurable. For my own part, I confesse it is very improper for me, and unwilling am I to meddle with differences out of my proper element; yet there being a great work to be done in this generation, and the only playster that is large enough to cure all the distempers in this kingdom; I conceive after twelve yeares study, being inevitably put upon the study of it by a speciall providence, and scarce knowing any other controversall point in Divinity worth studying, the Priestly and Propheticall office of our blessed Saviour being in good measure (blessed be God) vindicated and redeemed out of the hands of those Romish Hucksters; and whether the Inven­tions of men ought any more to bee mingled with the Institutions of Christ in his kingly office then their good works in his priestly office, is now the great dispute. That the difference between them is not essentiall but graduall (for I look upon Presbytery as a step to Independency) not in the body, but in the gar­ment; and therefore undoubtedly time and wisedome may temper a Reconciliation; only through pride and covetousnesse comes this contention concerning liberty for tender Consciences. Truly, whether the sword can be any better imployed then for the defence of the true Religion, and whether it be not as lawfull to fight for Christs Kingly Office against the opposers of it, as for his Priestly Office against the Papists, it is not my intention to cleare any particular, but to give some generall hints, hoping that all Gods people though of different judgments in this particular, desire a sound and durable peace accompanied with truth and piety.

What my opinion concerning a universall Tolleration of all Re­ligions; whether it be tollerable or insufferable I will not deliver any opinion of it, because it is not the thing in question; I know none but Protestants that desire this liberty, and that not so much in Doctrine as in Discipline. I think there is scarce a Papist in the Kingdome but either actually or vertually in their desires at least, hath been in Armes against the Parliament; 'tis clear that Anti­christ fought for the late Oxford party, whether they fought for him or not: 'tis much that Christ and Antichrist should pitch their tents in the same field; and therefore certainly, 'tis a fond Argu­ment that men make; If you suffer Independents, then why not [Page 47] Papists? because those that have been faithfull to the Parliament, and are of the same Religion, may in justice and equity have the liberty of their Consciences, not disturbing the peace of the King­dome; does it therefore follow that Enemies to the Parliament, of a different Religion, whose Religion in the power and practise of it is flat Rebellion, their Head Antichrist, their Doctrine Heresie, and worship Idolatry, holding pernitious principles, destructive of State Policy, that theirs ought to be suffered? If any Papist bee better principled and will take an Oath to bee true to King and Kingdome where they live, in all points, and will not make it their work to seduce others, and the number so small, that the State need not probably fear any danger by them, as in Holland; I say nothing with it nor against it: but I would faine break the neck of that absurd Argument, If you suffer a Protestant you must suffer a Papist; does every diversity of opinion presently make a different Religion? I will assure you there are more differences between the Papists about those five little words, Hoc est enim corpus meum, this is my body, then there is between all the men in this Kingdome, and yet who more loving then they; before the Councell of Lateran, it was good Divinity to say at the Masse (which gets a masse of money) adoro te si tu es Christus, I adore thee if thou be Christ; but since Transubstantiation is setled by their Law, they are so fallen out a­mongst themselves, how to make the body of our Saviour to bee there as it was when he Instituted the Sacrament; that 'tis most ad­mirable; and I think it better beseeming us that are Protestants to laugh at those Antichristian fopperies, and to pity one another; the strong not to dispise th [...] weak, nor the weak to oppose the strong: let me instance in some of their differences concerning their Transubstantiation: Some Papists hold that Christ is not in Hea­ven, because he is in the Host, others that there are two Christs, others are much troubled about the time that Christ continues with them; some hold that his body goes not into the stomack being full of humors, but then thinking there would be little fruit of it, they say he stayes till digestion, therefore they use not to eat for three or foure houres after; others hold the body never parts, but then no man needed to Communicate but once, and they could sell their God but once, and the party sinnes after, which could not be; then because this body cannot annihilate, being as impossible here, as 'tis in the heavens, they differ what is be­come of the body; some hold that it was gone to heaven, but that [Page 48] cannot bee say others, because it was there before, then the doubt is, how can accidents nourish the body? some hold that so soon as the stomack ha's changed the form of the Wafer cake, that God Creates a new substance of nothing; but against that some Priests finde that the wine does presently comfort them, and Priests have been drunk with much wine; then they are much troubled where our Saviours head and his feet are, least the Priest through ignorance should hold him with his heeles upwards, and some hold that the head is alwayes upppermost, hold it how you please; another Priest was very angry with mee for asking him such a question that he knew not how to answer, but sayes the face is alwayes towards the Priest for reverence; I know not how tis possible not to believe, but to imagine such a confused Chymaera. Then they dispute how the Organicall Body of Christ can be in a thing so little, therefore they say, the more wine the better; But the Priest does not see the wine in the Flaggon, yet say some the vertue of the words penetrates into it, others say tis Idolatry to attribute vertue to words, and others hold that the Pope took away all the vertue from the Greek words, and put it into the Latin; then they differ exceedingly whether the body of Christ came at the first word hoc, or at the second word est; some hold that there is much vertue in the word enim by vertue of the Popes Vnction, and that when the word enim is pronounced, if the Priest stop there, then it is 3 parts flesh and 2 parts Bread, because the Lutherans that hold Consubstantiation, say they are wiser then the Papists, for they eate bread with their flesh, the Papists raw flesh without bread; some Priests would pronounce the words with a very loud voice, thinking thereby to bring Christ the sooner from Heaven; The people are angry with the Priest, and say it is an incivility to invite a man to a Dinner and not make him drink, others hold that no Article of faith can be contrary to a mans senses. The Lord knowes that I write not this out of any Irre­verence to the blessed Sacrament,Dominicani, Daem nic [...]ni, Franciscani, Fraudiscani, Carmelitani, Carnalitani, Mendicantes, Manducantes, Cervi, Servi. but to shew that the Papists have more differences among themselves then the Protestants, for he that will but read Mounseiur St. Aldegonds Table of d ffe­rences between the Papists, shall finde that there are above 500. differences between them about the point of Transubstantiation, which Trent makes an Article of their faith; and they differ in above 20. severall points among themselves, the Iesuites conten­ding for the Immaculate Conception of the Virgin Mary; The [Page 49] Dominicans tooth and naile opposing it, every order of Monkes and Fryars studying to advance themselves and commend their own Saint and Patron, and debase others in comparison: so as if there should bee as many subdivisions in every point wherein they are divided, as about Transubstantiation; which I think is no hard matter to make good: I might conclude that there are 10000. differences among the Papists, and yet they all agree cordially against the Protestants, and live as lovingly as if they were universally of one opinion; and in Luthers time haveing a generall meeting for the reconciliation of all these differences, one of their Bishops, subtile and politique, fearing that Luthers Arguments would take w th the People, to make the Masse an arrant strumpit, desires to make one ob­jection for his satisfaction against it, the which was that either Christ held in his hand bread, or his body, or the accidents of bread, or something else, or nothing; if bread then the word, this must be taken for this bread, and that would be repugnant, if his body, it had been absurd to say my body is my body, and they say it is no body, till after the prolation of the words, if the accidents, then the Transubstantiation was before the words, and to break accidents is not to break bread, if any thing else, what was it? if nothing, the Scripture is false, for hee took, and to say that the word this demon­strates nothing as present, but what shall be; this is to make our Saviour a Iugler to deceive their senses; concerning the Virgins conception without sin, he was likewise pusled because the Scripture saies all have sinned but only Christ, and how then do they keep a Holyday for the Virgins Conception? for no day may be kept holy for an unholy thing: Others said it was but tolerated not approved, but saies the Bishop, brethren you see these are rationall doubts, and your jarring will be the Lutherans uniting: therefore Pray, since wee can­not all agree in opinion, least our differences should advantage the common Enemy, let us live in love, and banish all strife and contention: and I doe here by Authority from the A­postolique See, decree an Amnestia and Oblivion of all diffe­rences that have sprung up amongst any Papists concerning [Page 50] variety and d [...]fferences in judgement, the hearkning to which advice as some Polititians observe,An Act that all that differ in opinion shall li [...]e lovingly non obstante. was a meanes to continue the greatest part of Germany in the Romish Religion; I re­member that at Paris going to see the Cardinalls Library which was kept by Doctor Smith our Countryman, a subtile man, and a great Schollar Bishop of Chalcedon (alias terra incognita) he was very earnest with me to reconcile my selfe into the bosome of the Roman Church; abusing that Scripture that the Nation which did not serve her should bee destroyed, and so must England. I told him that mysticall Babylon must bee destroy­ed: and he speaking something uncivily of England, saying he was persecuted for his service done to his honoured Mistris and deare Mother the Church of Rome: I made bold to tell his Lordship that he Courted a foule Mistris, not because shee was foule, but because shee was in the darke: and in the dark Pope Ioane is as good as my Lady. Amongst other discourse, he told mee, that the Protestants in England would destroy themselves, and intreating his reason, said he, do not you see how they persecute the Puritans in England, and Scotland, and at Geneva? And in the French Church, Master Melletier A­marant, for smal differences in opinion? who being men more singular for zeale then the rest are disgraced; whereas in our Church those which are most zealous are most honoured, and the humility and austerity of the Capuchines and Cordeliers helpe to make amends for the luxuriance of other orders. I wish every understanding man would but ponder this Ar­gument: can that Religion subsist and flourish, where the most strict and powerfull professors of it are the objects of malice, and opprest for their Consciences? Wee allow saies he, a grea­ter latitude of opinions in the Church of Rome notwithstand­ing the inquisition, then your Bishops will do in England; I told his Titulary Lordship that is was the interest of England to bee as zealous for the Protestant Religion, as the Spaniard was for the Pop [...]sh; The purity of the Gospell and the free exercise and practice in the power of it, is now the interest of this Kingdom, and there is no such way under Heaven to make this Kingdom suddenly happy as for all godly men though of diffe­rent [Page 51] judgments to unite cordially together against the com­mon Enemy. I think no man will say but that the Indepen­dants are as great Adversaries to Popery as any others are in this Kingdome. But now sayes the Reader, I perceive you are for Liberty of Conscience, that Babell of confusion, and monstrous Chymera, as men call it. Stay good friend, if you be a spirituall man and a new creature, that hast found any mercy from hea­ven to thy poore soule, I shall speak a few words with you about this businesse, for spirituall arguments to a dead heart are but as warm water to a dead man; for a carnall man to ar­gue of spirituall priviledges, is for a man to take out a hot Iron with his fingers. Conscience is a Diamond, and only wrought upon by the dust of a Diamond; men that have no Conscience know not what it is. The best argument that hath bin brought against the Congregationall way, is that which the Papists urge against Christs Priestly office in point of satisfaction, that it is more lyable to Abuses and Heresies, then the way of Classes; so sayes Aquinas, if good works do not merit, who wil do any good works? the prudentiall way certainly to move men to doe good works, is to tell them that they merit by so doing; but look at the Institution, what is the will of Christ? I doe not intend to argue it, but to the former question, can the sword be better imployed then to defend good Christians? what injury hath the Gospel of grace done to this Kingdom, this 100 years, that all men should not venture their lives to maintaine it, if any should unjustly goe about to deprive us of it? but did not the Christians in primitive times suffer Martyrdome? Tis true, Christ Jesus had newly suffered, and [...]od would have the first seeds of Religion watered with bloud, and Religion then was but a novelty, and in its infancy; children are subject to be abused by every one, which being of age will defend themselves; but for a considerable number of men to fly or suffer death, is rather to be sheep then men: does Religion overthrow na­ture? That example of the Theban Leaguer under Maximi­lian was mistaken by Tertullian, for the Christians were dispersed and knew not their own strength; and that Saint Maurice [Page 52] had 5000 in Armes, and would not fight against the King of Thebans, is not reported by any credible Author, but that 20000 Christians were martyred on Christmas Day under Diocletian, possibly it may be so; and so it was in Paris at the S. Bartholomew 1575. ten thousand Protestants massa­cred. But all these Arrowes fall short of the mark where­at they are shot. 'Tis certainly more valour and Religion to fight for the maintenance of the true Religion establisht by a Law, then to suffer patiently; active Martyrdome in such a case is better then passive, and this is no Hostility; they be­gin no warre, they provoke not, the persecutors may have peace when they please, let them not strike, and give assurance of it to those which are in Armes for their Religion, and they will lay down Armes presently, as the French Protestants told their Kings. Will the Cardinalls suffer an hereticall Pope, as they call heresy? no; will the Bishops suffer hereticall Car­dinalls? no; will the Priests suffer hereticall Priests? no; will the common Papists suffer hereticall Bishops? no; do wee not defend against God himself by physick, and by food against sicknesse? If a man have a sword in his hand, 'tis absurd to tell a Theife of Law and Iustice, but fall upon him: Constantine fought against Licinius in Palestine, and made him give Liber­ty to the Christians; to stand by and suffer a brother to bee killed is worse then the Murtherer, for the one may be through choler and the violence of a temptation, but not to help my brother argues a base spirit: and is it not fratricide in me not to seek for justice upon him that hath kil'd my brother? I fear the death of Barrow and Greenwood, &c. lay heavie upon some who might have opposed the Bishops. What must the pillars of justice and truth be shaken for Uniformity? must rights be invaded and violated for Formes and Ceremonies? tell mee thou Beleeving soule, does thy Religion consist in an ocular beauty and out-side uniformity, or in a reall love and inward conformity to the Lawes of Christ? is thy soule at rest, in the enjoyment of thy God, in the face of Christ? and dost thou vex and disquiet thy selfe at Formes and shadowes? dost thou [Page 53] persecute thy poore brethren, partakers of the like precious faith with thy selfe? imprison his body and vex his righteous soule, because his eye-sight possibly is not so clear as thine, and yet pretend that Conscience is not enforced, but only the outward man, and so mock and jeere at the calamity of thy brother? who possibly hath greater enjoyments of God, and lives more by faith and lesse by sence then thy selfe? but sayes one, may not God sanctifie this way to reclaime him from his errour? must it bee an errour because thou sayst so? and if it be so, wilt thou bee unjust because I am erronious? I pray thee, which is the greatest sinne? the manner of Gods worship is no matter of justice; many Christians doe not meet in the publick places, having been consecrated to Ido­latrous uses, and there was no naturall use for them; and are not satisfied when I tell them that by the same reason they may not worship in this Kingdom because dedicated to S. George, nor upon any day in the week, every day having been dedicated to some Saint or other; it satisfies them not, for of the dayes and times there is a naturall necessity, but none for the places and grounds, which by speciall command were to be abolished; for my one part I conceive this to be an errour; but may any man therefore violate justice, the queen of morall vertues; the supporter of Thrones and States, and commit palpable injustice, the quean of vices, and supplanter of States and Kingdomes, by invading these mens houses which are by law their Castles, and offer violence to their persons who are praying for the Magistrate, that under him they may live godly and quiet lives, and destroy all civill and naturall rela­tions; haling the poore husband from his wife to a prison, and punishing the innocent wife and children, who are not er­roneous for the husbands errour. if this bee not injustice there was never any done under the cope of Heaven. Can it be for the publick good to imprison a man because he will not sin? therefore, can this Kingdome be happy without such a Liberty of Conscience? and is it likely to bee obtained if this Army were disbanded? speak plainly, did not persecuti­on [Page 54] come on like an armed man? would not cruell persecutors and Oppressors have had, if they might, the same power over Gods people as the Romans had over their slaves, if they spared, it was a courtesie; had not every man in the Army the next day after their disbanding been in the same condition for his Conscience as the Papists are, if these men might have had their wils upon them? And are not some which have ventured their lives against Popery and Tyranny in­dited upon the Statutes of Recusants? which were made to distinguish betweene the Iesuited practising Papist and the peaceable Recusant? who till the eleventh yeare of the Queene repaired constantly to our Churches, and after fearing least the Papists should bee too rich, the wise­dome of State, imposed a penalty upon them of twenty pound a Moneth for their absenting from Church: and what comminations have there lately beene to pro­ceed against poore Christians upon the Statutes of Heresy made in time of Popery against the Lollards, which were Pro­testants, and Wickliffes followers, one of our protomartyrs of England? truly Superstition is an unreasonable thing; such bloody opinions prove the Authors to bee rather beasts then men. Honest faithfull men because they cannot in all things come up and conform to the opinion of some Prelaticall spirits, must be denyed the liberty to breathe, and civill cohabitation; or if that favour be obtayned, they must be made hewers of wood, and drawers of water, as if the ten Tribes should have been slaves to the Gibeonites, nay worse then slaves, their very Oxen to plough for them, and reap for them; the honey by those men was not intended for the Bees; sic vos non vobis, &c. Tell me now, is it not more mercy to kill the wolfe, then to let him go? is it not better to be nourished by a Theefe, then kild by a Shepheard? is it not better to be healed by an Em­perick, then to be poysoned by a Physitian? But in the former Case that I put, where twenty chose a Captain to command them (for he is as truly a King, though not so great and glori­ous a King, that reignes over twenty, as hee that reignes over [Page 55] twenty millions. Many of the Kings mentioned in Scripture, of Sychem, Iericho, Sodom and Gomorrah, never had so large a command as the Lord Mayor of London. No King in Israel was Conductor of the people. Governour is the generall word, and to bee a King is but one kinde of Government: Florence and Muscovy, but Dukes in name, have the greatest power of any Kings in Christendome) if the seventeen desire to serve God contrary to the Captains judgement, with the Common Prayer Book for the purpose; the Captain with the other two comes to the house where the seventeen are worshiping, in­terrupts them, and will hale them to a prison; they alleadge for themselves, that they doe not any way disturb the present Go­vernment of State, but desire freedome in their Consciences; the question is, Whether in this case it be against the word of God, for these seventeen to defend their owne profession, and to destroy the Captain and the other two for the liberty of their consciences, if otherwise they cannot preserve it? my mean­ing is, after all meanes of entreaty used to the Captain, to bee indulgent to them in so pretious a thing as Gods Service is, and flying b [...]ck to a wall, as we say, as farre as a man can when he is pursued, and so to make it but a pure se defendendo. For my own part, I think that it is not only lawfull, but a thing most necessary, that if these seventeen men should suffer themselves to bee imprisoned for their consciences by their Captain and two others, that God would be angry with them for being so unnaturall and unjust to themselves. But then the question will be, If the Captain and seventeen should be of one opinion, and the other two contrary minded, and the eighteen make it capitall, and condemn the other two for Heretiques; whether may the other two resist in this case? I answer, they may save themselves by flight if they can, but for two to take up Arms against the eighteen, I am doubtfull whether it bee lawfull, at least convenient, because there is no probable hopes of successe; and it is the minde of God, that these two should suffer pati­ently what they cannot help; and this will fall within that ex­cellent Rule, Of two evils the least is to be chosen; the two are sure to lose their lives, therefore they must suffer patiently ra­ther [Page 56] then to endanger the lives of others with them; for the God of peace does not delight in warres: and then an evill is judged to bee inevitable when there is no apparent ordinary way to avoyd it, because without an extraordinary warrant wee may not presume of Gods extraordinary power and assistance; as if an honest man with a sword bee set upon by two theeves with pistols; now in this case I hold it wisdome to deliver his purse to save his life, because two are stronger then one. Nature is Gods Lievtenant and efficient, by a power from God received, continued, & permitted; and in humane affaires we are to look what the course of Nature may probably effect, if not checked: when God sayes this shall be because I will not hinder it, then Nature of its own nature produces such effects. What King with a thousand will fight against him that comes with ten thousand? and as the use of lawfull means for safety, does not argue a confidence in the creature, but a subordination of the meanes, that God without meanes can do it, but meanes with­out God cannot doe it; yet somtimes God puts more strength then ordinary into the creature, and acts more immediatly, by ten sometimes chasing a thousand, therefore I passe it over: But my meaning is, that a warre for desence of Religion is un­questionable, but the manner is alwayes to bee pondered; and that in any Kingdome or State where such a considerable num­ber of people which are the stronger part, shall upon good grounds bee convinced in their judgements that they cannot by reason of the prevalency of some proud, domineering, co­vetous, or malicious spirited men, that had rather lose a Kingdome then that some men should enjoy too much of heaven upon earth; and would set the Kingdome together by the eares to get their Eare-rings; who while they ex­claym against Conventicles, and private meetings of honest people, are themselves the most dangerous, and only Con­venticlers that I know in the Kingdom; having their constant meetings how to oppresse and degrade all that stand in their way, both in soules and bodies; it being such clandestine and factious Ends onely, that in judgement of Law makes a Conventicle; for a hundred men to assemble to carry a Tree, is no offence; [Page 57] and will not let honest and peaceable men have freedome and liberty to serue God, according to that light they have received from the Father of lights, and to receive common justice, submitting for conscience sake to every ordinance of man: in such a case it is not onely permitted but commanded that these men manfully defend themselves and their liberties, or else they are in effect selfe-murtherers, and in such a case, the truth of God is of that value, that his meekest servants will fight for it, rather then it shall be indangered: what Doctor Ferne obj [...]cts against it is but stubble and combustible, and will not beare the weight of a feather in the ballance of the Sanctuary, for will any man that is sound in his intellectuals, (unlesse he desire to be a Bishop) Ima­gine that ever Saint Paul commanded the poore Saints in Neroes household to be subject to Nero in Church matters, that was an ene­my to them, or to Caligula, that wished that all Christians had but one naturall head, as they had but one mysticall; I wish there were no Caligulaes amongst us, that would be cutting off many heads at one blow. Indeed if any Court might enforce mens consciences, what miserable things were Christians? Truth shall be sure to be shut out of doors, for the most are seldome the best; Paul speaks of legall, civill authority, the Saints in Rome are but a handfull, and had no law for their Religion. That there should be some government is Gods institution, as in the fifth Commandement, which bindes the consci­ence in positive Laws, though hard and rigorous, but the manner of it is mans appointment and constitution, of whose power and au­thority, good and evill actions are the proper and adaequate objects. I willingly grant that the Magistrate who is a good Christian stands upon the advantage ground, and ought to com­mand the people for Gods sake, to yeild obedience to the Laws of God, and to be exemplary in his conversation, and to protect Gods people by declaring against errours, and that no man ought to beare with an errour in his dearest consort; but perswasion is the Gospel­lary way without all dispute in matters not fundamentall. My Lord Bacon was of that opinion, he that is not against us is with us. Spiri­tuall maladies must have spirituall remedies; in matter of opinion I wrong no man; if he be offended at me, it is his weakness, I intend it not, I speake of errours in Religion, not errours against Religion, with a toleration whereof no State or Kingdom can subsist. 'Tis a fruit of the Turks Religion, not to couzen nor steale, and to make con­science [Page 58] of an Oath, to doe no murther nor adultery: 'Tis against In­trinsicall rules of all government, to permit any of these, nor must any errour be permitted, that is a sworne enemy to peace and policy. Man can give no power but what God gives, therefore it is no re­sisting of authority when there can be no such authority given; mat­ters of conscience are not giveable nor takeable. If I bid any man kill me, and tye my hands, yet I may breake the cords; I cannot give power to enslave my selfe, nor ought any man take it. If there should be any Covenant made to enforce conscience, it is an unjust Oath, and to keepe it is to adde a greater sinne to a less, as if the first were too little, whereas the least is too great, and should be lesned not enlar­ged,; and though I am bound to lose by my Covenant, yet not to be undone by it. When the Lord visits us with sicknesse, doe not we de­fend our selves against his blessed Majesty by Physick, by food and rayment? And nothing more lawfull and naturall then selfe defence, a­gainst which no Canon can be of force, as it was resolved at Con­stance, that a Canon made in favour of an angry Pope, that he might strike any man, and no man strike him, was void by the Law of nature: for what is it but to arme sin against the Law? did not Swe­den, Holland, France, Germany, Poland, and Scotland, introduce Re­ligion by the sword? Calvin, Beza, Bellarmine, Carrerius, Junius, Turquet, Bucanus, maintained the lawfulnesse of it, and Bilson in the Queens time wrote a book in defence of it; not to invade the Turke because he is not a Chr [...]stian, but for the freedome of their own con­sciences. King James in his Epistle to Perron, justifies the French Pro­testants fighting for their Religion, calling it a defensive Warre, that he which offers the wrong is alwayes on the offensive part, as he that denies the debt begins the suit, and such a wrong doer cannot be wronged. Geneva in 1536 cast off the Bishop their Prince, and Calvin s [...]yes, Populars may restrain all kinde of tyranny, as the Ephori did the Lacedemonian Kings, and the Tribunes curbed the Consuls; and if for bodies much more for souls: the reason is because every people in the conferring of power, reserve so much to themselves to attaine that end whereunto they are ordained, which is the glory of God and their own freedoms and welfare. Certainly God never commanded any Magistrates to lay any clogs or Fetters upon the consciences of his own people, that's the apple of his own eye; yet so, as if by force his people be destroyed, they must take it patiently, dye like lambs [Page 59] for the Lambs sake that dyed for them, but they may not suffer if they can oppose it, that's to be guilty of selfe murther. The sufferings of Jesus Christ were voluntary, and when wee resigne our wills to a thing enforced, we make it willing and so the Martyrs were said to lay down their lives willingly, and yet they could not help it. This fighting for Religion is not to fight to promote it in others, not to kill any tyrants that oppose it, but to preserve Religion and the pro­fessors of it.

All Magistrates are tyed to the Laws of God and nature, and 'tis a lesse sinne for a private man to breake those Laws then the Magi­strate who is intrusted to keepe them. For a Commissioner to breake a trust is the highest prevarication; against which illegalities self-defence is lawfull, if the party can help it; men may free themselves from tyrants, if they can; if not, what remedy but patience? the rea­son is perspicuous because no man can impower another over him to command against both, or either of those Laws, and therefore the meaning of those commands of honouring the King, our parents and governours, is to observe all such lawfull commands as are not con­trary to God and nature, for God is the God of order, which he should not be, if Governours were to be obeyed disorderly.

If a King or Governour be mad, must all the Kingdom be fools to obey such a Devill as that Duke D' Alva was, that made the Hang­mans place in Flanders better then the Chancellours. If such a Ma­gistrate be drunke, and resolved to kill whomsoever he meets, may not the people shot him up all night from doing mischiefe? to take away a madmans sword from him, is not to take away the property but to prevent the mischiefe. Many of H. 7. freinds had sworne fealty to R. 3. yet H. 7. did well to kill him, and we never read of my pardon obtained from the Pope; the Royall race of H. 7. inherits still in our Soveraigne Lord King CHARLES, to whom God im­part as many graces as to all his Ancestors, that as he hath made the heart of Gods people sad, so he may now make it his royall study to set Jesus Christ upon his Throne, by whose gain his Majesty can be no loser; and long may that Royall race continue to administer and exe­cute good and wholsome Laws for the prosperity of these Nations, by which it is more honourable to command 10 free men, then to ty­rannize over 10000 Gally-slaves. If the Magistrate in a Protestant Kingdom should introduce Popery, as in Queen Maries time, a par­ticular [Page 60] man may not oppose; but the Parliament might and by the Law of God ought to have opposed it: But if the Lord had put a sword into the hands of the Smithfield Martyrs, able in probability to have defended themselves, these could not have dyed with com­fort for their Religion; for I cannot judge him a good Christian that is not a morall man, and he that will not doe right to himselfe to de­fend his own life will hardly doe right to his neighbour, he that hath but a little minde can be but a little vertuous.

I affirme, that the Army may not disband in point of honour, till this Kingdome be in a better way of settlement, for I ever thought that there was more to be done for the happinesse thereof, then the humiliating and geniculating of the late Oxford party, whose s [...]e ra­ther then out reformation might be the cause thereof, for doe not their adversaries brag before the victory? if many cruell men might have their wils, what could the Army expect when disbanded? There­fore if they should hereafter suffer, they would undoubtedly make themselves a Ludibri [...] and derision to all the world; what? 20000 armed men victorious and veteran Commanders and Souldiers, (not flesh but bone) that feare nothing but to offend God, neither the sons of Anak not the sons of Cain, that speake big like Gyants, and perse­cute their brethren [...]an Army that hath the justice of heaven on their sides the prayers of Gods people the good will of the whole Kingdom, that have been the Joshuahs that have led Gods people into the spi­rituall Canaan, that are plainly told, that if they were disbanded, they must not have a mouthfull of ayre in this Kingdome, but in a prison; unlesse they will put out their own eyes, to see by the spectacles of other men in point of Gods service and worship▪ that are called trou­blers of the State, Heretikes and Sectaries, that had been better, the liberties of the Kingdom had been lost then saved by them, and all this to their faces with their swords in their hands. For such an Ar­my as this, I say, to thinke upon disbanding as the [...]ase stands, I must make bold to tell them, that if they should, Jesus Christ would take it unkindly from them, and they would make themselves culpaple of all the precious bloud that should be spilt in a way of persecution, and all the reproaches mockings, scornes, scourging [...] banishments, imprison­ments, contempts, ignominies, disgraced and affronts, that shall be cast upon any Christian, and the Gospel of Christ, which any of Gods people shall hereafter in any wise suffer in this Kingdeme for their [Page 61] consciences and sincerity in Gods service would be laid upon their score; and I solemnly professe with words of sobriety, upon the Altar of truth, that Gods people and this whole Kingdome would have cause to blame them as the greatest prevaricators of all others; for to be treacherous for honours is dishonourable: for a great Office to betray a trust is sordid and mercenary; to betray a trust for feare is cowardly and servile; for flattery or insinuation is weake, effeminate, and childish; for love or relation is not so great an offence, because more humane (howbeit, all treason committed against a mans Coun­trey is inhumane and unworthy:) but for one Christian to betray another, is of all treacheryes the most abominable: and here let me make this argument for the Army, will it be sufficient for them to say if persecution should arise after their disbanding deare friends we can­not help you, the Parliament are all for the Presbytery, many of the Assembly and City Ministers were so importunate with many of the honourable Members to settle their Presbytery, that we have left all things to them, would it not be answered; what, Hath the Lord that gave you courage taken away [...]cir wisdome? did you begin in the s [...]irit and end in the flesh? Is this the requit all we must expect for all our [...]es for you, who have prayed and beleeved you into all your victo­rior? You say it had been most noble, and so indeed it had, for the Parliament before you engaged, to have told you plainly, Gentlemen, We suspect many of you to be Independents, be advised what you doe, if you give us the victory we intend to settle a Presbytery, and to suffer none to live in the Kingdome, but such as shall conforme to the present government; if you will fight to settle Presbytery, well and good; but your victory will be your ruine for the King promiseth a liberty and indulgence to tender consciences. Might not your friends in the City and King­dome, as well have expected as much from you, that you should have told them, provide for your own indemnity, the Bishops being by our means put down and abolished, and the Presbytery setled, wee intended no more, as for the freedome of our consciences and yours, and finding out an expedient for cheap and quick justice to be ad­ministred in all places which might make the poore Kingdome some good amends for all the charges they have been at, if the Parliament please to doe it well and good, we have that which we fought for, Et gaudeant possidentes. 'Tis therefore but a taking of Gods providence in vain by many, that looking only at the outside of things say, that [Page 62] this Army loses much of their Honour they had gained by not Dis­banding, 'tis quite contrary, they had endangered the losse of their Honour indeed, if they had disbanded before Laws and Liberties be setled; perseverance is the Crown of Action, to fight for Laws and Liberties, and then to suffer an inconsiderable number of Intendiaries to trample upon the Priviledges of the Subject; this had been a stain of a deep dye; the truth is, that the bellows are blown by some of the Clergy themselves. Who knows not but that Divines (as they call themselves) have by their Divinations almost infatuated all Christen­dome? but there is no Enchantment against Israel, nor Divination against Jacob; says Luther, If Popery had lasted but two years longer in Saxony the Priests would have made the papists to have eaten straw with the Oxen; were not most Kingdomes in Europe, governed by Cardinals, Bishops, Priests and the Clergy? who did not easily fore­see in England, but that it was an impossible thing to abolish Bishops without a War, the Hierarchy had such a deep rooting, that without a great Earthquake it could never have been shaken. I have heard when the Parliament began, some worthy Members being in discourse about the putting down of Bishops, Master Pym, and other gal­lant men sayd, It was not possible to be done; and when the Assembly first met, they thought it impossible to take away the Common Prayer Book, but we see what the Lord hath done, for his people by his blessing upon the Parliament and our Armies; mistake me not, I doe not rejoyce that the COMMON PRAYER BOOK; is suppressed; for my part if the PARLIAMENT shall so please, let those that are so earnest for it, keepe [...] it still; much good it may do them, though I think little good will it do to them: it never did hurt to Papists, nor good to Protestants; unlesse it be to shew them their dangerous condition: for they pray that their lives may be more pure and holy, and yet many of them scoff and jecreat purity and holiness; but though we be not all one in judgement and o­pinion, yet let us be all one in affection and live lovingly together as Brethren, for he that loves another onely because he is of his opinion, loves himself in that man.

A friend of mine too violent for the Classicall way, seemed to be ve­ry angry because his Majesty was permitted the use of the Common Prayer Book, I asked him whether in case his Majesty would be gra­ciously pleased to allow him the use of the Directory, hee would not [Page 63] think it fit that his MAJESTY should have the liberty of his Conscience? he sayd, wee had Covenanted against it, to take it away as a branch of Popery; I told him the speciall point of popery to be rooted out, is all domineering and tyrannizing over the conscience. Are wee not all the servants of God? why should wee Lord it one over another in matters of conscience? but hee replyed, that we were to bring all to the neerest Uniformity; I answered, that neerest was not the same. Many ships sayl neer a Rock that come not to it, the Common Prayer Book and Directory are very neer of kin; I know no reason, why they may not bear with one another, if his Majesty and the Parliament please. I remember, being at Sedan, a passage not unworty to be inserted; the Duke of Bullun Prince of Se­dan, whose Ancestors and himselfe had been speciall friends to the French Protestants, for the love of a beautifull Romish Lady, changed his Religion and turned papist. The Town being all Protestants, as good reason they had accordingly opposed it; He entreated them that he might be married by a priest in the Towne, they refused it: The Duke left his Mother, the good old Madam in the Castle, went away and was married, & return'd with his Lady, but the Inhabitants shut the gates against him, and so hee went to one of his Summer houses, two leagues from the Town, and there were severall Treaties between him and his Subjects about his Re-admittance. He alledging, that since he and his Ancestors had been the procurers of their Liber­ties, why should they envy him the liberty of his conscience? they sayd, He was a Star faln from Heaven, and it would be dangerous for them to be under his command. An Englishman discoursing with Moli­naus and Rambursius, two learned Ministers about it, assumed by way of argument, that as that case stood with all its circumstances, for them to deny him the exercise of his conscience, who had purchased their Liberties, was most unjust in it selfe, and would be prejudiciall to other Protestants by incouraging Catholike Princes against them, and might bring mischief upon their own heads; at last he had liberty to come into the Town; & the Lady Duchess his wife, and Masse was sayd in the Castle, allowing her two priests and no more: but not long since the French King made advantage of it against them, that they de­nyed liberty to their naturall Prince, and they are now, I feare as the Rochilers are, and no freer. But this I drive at, Rigid Presbytery is but yet a Probationer, if it should be setled in this Kingdom [...] in the height and power of it, it would undoubtedly cost ten times more [Page 64] bloud to remove it, then ever it hath done to abolish Episcopacy; I speak of a Rigid strict Presbytery, that make their judgement as the Kings Royall Standard, to weigh and measure all opinions by them▪ to walk by their rule, which will admit of no Exceptions; if you would know what such a Presbyter is; you may take it thus; A Rigid Presbyter is he that is against every man, and every man against him; he will endure no man in the Kingdom but those that are of his opinion in omnibus; and therefore no man in the Kingdome hath rea­son to endure him; I assure you that that grievous Disease called the Sudor Anglicus, the Sweating Sicknesse, which lasted about forty years in this Kingdome, that swept away so many, that Harvest could not be Inned in many places, was not so dangerous to this Kingdome, as this Rigid Presbytery, if it should grow inveterate; there is a Pro­phesie in Scotland, It began with Knoxs, and must end with knocks, my prayer is, that the Rulers in that Kingdom would have a more favou­rable regard to tender Consciences, and give free liberty to Gods peo­ple in their Native Kingdome. There are many Scots banished into Holland and other places for matter of Conscience, whom I verily believe to be precious Christians: some of them told mee that their parents had been principall Instruments in the Reformation of Reli­gion in that Kingdom, and therefore took it unkindly that they should be exiled for some differences in opinions, no way fundamentall or de­structive of State-policy; for why, in the name of God; should it any more disturbe the peace of the Kingdom, to permit Christians to pray together in a private Chamber, then for others to meet there a­bout their ordinary businesse?

I desire deerly to be conceived when I use the word Presbytery; the Lord knows my heart, I use it onely for distinction sake, not for re­proach, I do not oppose nor speak against a moderate Presbyter; but look upon it as an excellent way to restrain vice; and for my own part I like it, for that which many fear it. Namely, it will be a means to prevent many frivolous quarrels and contentious Law-suits: Cer­tainly, there is an externall beauty in that Government in Scotland, Geneva, & the French Congregations, but truly the power of Godliness is seen but little amongst them; I have known in a Presbyterian Mini­sters house, that there hath bin no prayer nor Family dutyes performed twice in a yeare, and Examination before the Sacrament counted su­perfluous, and if any thing have been questioned, no other answer; but the Puritans in England will be under no Order nor Government. [Page 65] Is it not fit that Gods people for whose sake the World continues should have a being in the World if they can mayntain it? nor do I say any thing against moderate Presbyters; I believe there are many godly men of the Presbyterian judgment, though not as they are Presbyters; Saint Peter opposed Christ in the worke of re­demption, for which our Saviour sayd unto him, Get thee behind me Satan, and the devout women opposed the Apostles in the planting of the Gospel: Amaziah and Jehosaphat good Kings of Judah, yet took not away the high places; Hezekiah did, and Josiah yet more and more; all godly men are not equally enlightned: Were there not some godly Conformists (think you) in the Bishops time that op­posed Nonconformists? He that is the strictest Presbyter now, pos­sibly seven yeares since was for Bishops, and seven yeares hence, if God give repentance for keeping his Son Christ out of his throne, may be an Independent. But this is the misery, that those men which are the most zealous promoters of the Rigid Presbyterian way are Politicians (whose greatest Religion is to be of no Religion at all) that play their game so cunningly, that the godly Presbyterians not discerning their ambitious aymes, which is to make themselves Grandees in Church and State, joyne and concur with them; as I have told you what the Rigid Presbyter is, so I shall expresse whom I mean by the godly Presbyter; I am well acquainted with many of them, and I verily believe, in my conscience, that hee is such a one who really intends the glory of God and the welfare of this King­dom, and fearing nothing so much as Errours and Heresies, concludes upon the whole matter, having read all arguments pro and con, that it is better to suffer a mischief then an inconvenience, better that many good Christians should be imprisoned for their consciences, then that under the Notion of Independency the peace of the Church should be indangered by Errours and Heresies, and gives his vote though with some reluctancy, that those that cannot submit to a Government, let them go beyond sea, where they may enjoy their liberty, and not having faith enough to beleeve that truth will at the length get ground of errour, nor cleerly understanding that the sword of the Spirit must cut down Errours, takes the materiall sword which was never sanctified to that purpose: whereby it will appeare how vain that objection is, that the Army hereby loses all their honour in not disbanding upon vote, being commissionated [Page 66] by the Parliament, as if a man that takes a Commission to fight for Laws and Liberties, that concerns himselfe and others, hath any reason to sheath his sword till he hath obteined what he fought for, since by Gods infinite blessing upon, and gracious presence with our Noble Worthies in Parliament, and victorious Armie, the ship of this Kingdome, after many Herricanes is safely arrived full fraught with those precious commodities of the Subjects Liberties and properties, whereof Liberty of Conscience is the maine, so as no man pretend a conscience to disturb the peace of the Kingdome, which every Student of the Law knows when the peace is broken. Those men that by the Oars of their pestilent Counsels shal be work­ing to row this ship back again into the sea of a second and more bloudy warre, are unworthy of their generation, unworthy to breath in English ayre, be they reckoned the great Catoes for coun­sell, or any other incendiaries in the Kingdome, who thinke they cannot stand fast and permanent, but by the ruine of others more faithfull then themselves: there is no necessity for a man to be of this judgement or that, but there is an absolute necessity of peace and preventing new troubles; 'tis absolutely necessary to maintain the royall law of love; all Laws and Orders for uniformity must doe homage to the law of unity and brotherly love, we must not cut mens toes and fingers to make them all of a length: if uniformi­ty were so absolutely necessary; then ought they to conforme to those wh [...]ch out of conscience cannot come to them, rather then the King­dome should be destroyed; for they may safely come to them, and what would not an honest man doe to save a Kingdom, that may be done with a good conscience?

4 They ar [...] bound by the Law of God to deliver Gods people and this whole Ki [...]gdome from all oppressions both in soules and bo­dies. A man may be damned for not doing his duty, as well as committing a great sinn [...]: Moses sayes, that they that forsake their brethren, shall never come into Canaan: so Mat. 25. In prison and previsited me no [...]; his Army ought by the equity of that Scripture to keepe all honest conscientious men that offend no just Laws out of priso [...]s: you may read in that Chapter that Jesus Christ is that great Travailer who [...] this Ascention tooke his journey into a far Coun­trey, and delivered his goods to his servants, as it is in the parable of the Talents, and in a time of Reformation every Christian must help [Page 67] to facilitate the worke; for Christ appoints no Lord Treasurers to impropriate his gifts but all steward [...] o [...]y out what God b [...]th gi­ven to every man for the good of the Kingdom of heaven; that I take to be the meaning of Mat. 6. To set the Crown upon the head of Christ; every man ought to serve God by serving his Countrey in his lawfull calling, the end whereof is not to multiply riches, but to doe good in his generation: men abuse their callings,Called Contra formam Colla­tionis. and an action will be brought another day against many rich men in this King­dom. Take another Scripture Thou sh [...]lt love the Lord thy God with all thy soule, toto corde anima & mente. with all thy heart coura­giously; for courage belongs to the heart; the soule of religion is to be valiant for Religion, and to fight against those that would rob us of it; not to kill them, but to preserve it with all thy soule affectio­nately; for Anima is the source of all the affections; what a man loves he will defend: Religion is a mistresse well worth fighting for her defence with all thy minde; the minde is the superiour part of the soul, spiritually & discreetly with zeal according to knowledge. The thing I intend is that Christ must be honoured with strength and power, as well as with other naturall parts, and abilities, and riches, or any other gifts: some have written (which yet is so weake an errour that I wonder it should deceive any man) that the sword ought not to be employed for Religion, that though I may fight to defend my clothes or my cattell, I may not fight to defend my Re­ligion; like some Indians that will fight for a pin but not for gold. Possibly a mans pen and his heart may differ in opinion: I know there were some in Germany pretended that no man ought to fight in Gods cause, but to contend lachrimis & precibus; (as King H. 8. was wont to say, merrily: If it be a good Religion it will defend it selfe, if a bad one, it is not worth defending let God alone with Religion) but these very men did afterwards fight for Religi­on in pretence at least, and said their former opinion was good unlesse God puts the Sword into their hands: It seems to me that the Revelation holds forth cleerely, that the Saints must have the honour to destroy Antichrist, whose spirit reigns in all those that will domineere imperiously over the consciences of their brethren, for therefore is he called THE Antichrist. It would be an ex­cellent worke for some judicious Minister to explain that in the Re­velations, how the holy, faithfull, and chosen, shall make a warre [Page 68] for the Lambe against the Beast, and prevaile, and whether any of the ten Kings shall hate the Whore; it might be very satisfactory.

5 This worke of the Army is Gods own handy-worke, their not disbanding had its immediate rise from heaven, the Lord would not have them lose the glory of all their victories: the very truth is, that it is meerely and purely for the love of this Kingdome that they keepe the Sword a little longer, and not for any pecuniary re­spects, or self-ends: I am credibly informed, and I verily beleeve it, that notwithstanding, any thing said or done against them, they were fully resolved and concluded to disband, and to commend their righteous cause to their heavenly Father, with the rest of their brethren in this Kingdome: but as the hearts of Kings so the hearts of Armies are in Gods hands, as clay in the hands of the Potter, the new moulding of this Army was visibly from heaven, and the Lord hath carried them all over this Kingdome as his belo­ved darlings, with much love in his brest towards them, and he that suffered no man to doe them wrong, would not have them to wrong themselves, because he moulded them for vessels of honour, and now being at rest in God, and thinking to rest from their labours, the blessed Spirit begins to witnesse to their spirits, that all is not yet as it should be, and their souls being troubled within them, how they might glorifie God, and [...]e intercessors to the Parliament for the liberties of this Kingdome, the Lord said unto them, Seeke yee my face, and they answered, thy face Lord will we seeke, and sequestred two daye at Saffron Walden to seeke the Lord by fasting and prayer, a thing unheard of in the Germane Wars; to see a Noble Generall and valiant Commanders that had encountred with Lyons and walls of brasse, to lye groveling upon their knees, and pouring forth fervent prayers (the breath and voice of God in them) asking counsell from heaven, begging light and direction from the Father of lights, praying for wisdome from above; what a rare example is it? how admirable is God in all his workings? And when they rose up to eate, and their countenance was no more sad, the Lord had, by the powerfull influence of his good Spirit, given in a sweet return of Prayer for their continuation together; and thereupon the souldery desiring a generall Rendevouze, the horse and foot met with such a generall re [...]oycing, and such an unanimous resolution to live and die together, for the just rights of King and people, that it [Page 69] is most admirable to consider, such a wonderfull conjunction of mindes, and such noble Principles, that money, which is the Load­stone that draws the iron hearts of most Souldiers, is no more reckoned by them then dirt in comparison of just liberties; who can say but that this is altogether of a divine off-spring; which to oppose, what is it but to despise the spirit of grace? I am confident that they which kick their heels against this Army, will in the end break their necks.

N [...]xt, I shall onely ask the question, whether out of those quivers of arguments used by the Parliament, to justifie their raising forces, I might not draw many, even take them all out one after another to justifie the Armies not disbanding; all was done by the Parliament for the publike good. The Parliaments Motto is pro salute p [...]puli, and the Armies, pro salute populi Dei, & totius Angliae; no lesse can be presumed from the Army; for they who have adventured their lives for the good of the Kingdom, will never do any thing to endanger it. Certainly, hee that saved my life, I owe it to him; I will never distrust him: they have the character of God upon them, and of his Consecration; the Parliament hath lately voted them their Army, the whole Kingdom favours them, and all good Chri­stians have cause to love and honour them, and yet there are some calumnious spirits that would rob Christall of its brightnesse, but the Sun of the Armies innocence will quickly melt the ice of all these Calumnies.

It is not my designe to improve those popular arguments formerly used, that for Papists to maintain the Protestant Religion was a pernicicus contradiction. What is it to hold, that to imprison men for their Consciences that break no Law, is for the Liberty of the Subject; as some Kindle-coals affirme; that honest Justices were weeded out of the Commission; has there been no honest men, grand instruments of Liberty, displaced and divested of their trust, to the grief of Gods people, for no other reason, but because they were not Presbyterians? That many as bad as Arminians are pre­ferred, and faithfull men disgraced and displaced; and all this by the cunning artifice of malevolent spirits; nor what the Parliament said that his Majesty by his many Declarations and Protestations, for the maintenance of our Laws and Liberties, intended no more but that we should have such a Religion, and such Laws as his Ma­jesties [Page 70] Bishops and Judges would afford us, and should conceive to be best for us; judge whether that be not a blinde implicite obe­dience to trust the Bishops with our souls; what is the Law but e­very mans birth-right and the rule of life, and therefore fhould be plain and easie, that every man may know [...]? For a guide to be blinde, how unreasonable is it; if some men may have their desires, shall we be in any better condition? I shall humbly crave leave, to vindicate the high Court of Parliament and the Army from some Objecti­ons lately darted against them. The lightnesse of some mens follies exceeds the weight of their malice, they are content to be fools rather then to acknowledge the worthy labours of that su­preame Court; they are such ignorants, that they know not any good the Parliament hath done thi [...] many years, saying, that they have made our Religion worse, and they do not intend to make our Laws the better. No, let all honest men ever blesse God for this Parliament; how gladly would this Kingdome have made themselves slaves for ever, had not this Parliament stood mightily for their Liberties? I but (say some) the Parliament by imprisoning such as have been faithfull Labourers in the Vineyard for diffe­rence in opinions, are undoing all that they have done, and we fear things will be as bad as in the Bishops times: judge not rashly, there is no Ordinance yet to restrain Gods people from private meetings, nor for suppressing of seperate Congregations; Compare what is past with present times, and 'tis very much that things are no worse for former kindnesses, which Parliament and City have shewed to honest people: I trust the blessings of Heaven shall be upon them forever; however, do not for the abortion of the twentieth childe, kill the nineteenth: believe it, this Parliament is the spring and conservatory of all our Liberties and Properties, having removed old Grievances, and laid the foundation for innumerable benefits and advantages to the Kingdome. There are in both Houses most excellent Moses's, Nehemiahs, Jeremiahs, and Pauls, that have ad­ventured for the people; ô, the infinite love of many of our finite Moses's, and Worthies. What had become of Israel i [...] he had for­saken his charge upon every tumult and queremony of the people? What innumerable difficulties have our Worthies in Parli [...]ment surmounted? Able to have daunted and stinted the most noble re­solutions, though the command of God lay heavy upon them [...]o [Page 71] deliver this Kingdome, and let the oppressed go free; as the Disco­very of America by Columbus a Genoa Merchant; though a ratio­nall man, skilfull in Mathematicks, might have concluded that there was a Western part of the World not discovered, yet the En­terprize was so transcendent, that few men would have had the courage to have attempted it, though sure to succeed. And though there are sufficient reasons publikely known to the Kingdom to de­sire the Army not to disband by any means, till publike Liberties be setled and secured: yet there is not the least ground for the people in the least measure to withdraw their affections and due respects from the Parliament; some Taxes indeed still, but for a short war a long peace; 'tis not a years purchase now, I hope, for the absolute inheritance. Now, hearken ye prudent Wise-men, and lovers of your Countrie; that which is every Englishmans interest and bu­sinesse in this juncture of time is, that the whole Kingdome as one man presently declare against a second war, which is a sicknesse easily prevented, but hardly cared; not to suffer any forces directly or indirectly to be raised against this Army, under any pretence what­soever; and in the name of God, let those whom the Army shall ac­cuse, come to a fair triall and receive justice with mercy, because we professe Christianity. Let all Treasurers and Committee-men give a faire accompt, and so receive an Euge, Well done thou faithfull steward, or an Apage, Depart unfaithfull man: and let those that have swallowed the Kingdoms treasure vomit it up again.

There are many that have got greatestates in the late Wars up­on the ruines and spoyls of the people, but as wee say proverbially, They that have stolne the Kingdomes Goose, the feathers will stick in their stomacks. If a Town or City be on fire, and every man is intreated to help; now for any man to carry away his neighbours goods, and to enrich himself by a generall conflagration; what is this but to add affliction to the afflicted, and little better then Felo­ny? Nor is it to the purpose to say, I got it honestly; the law of God and reason says that no man ought to get a great estate in a time of publike calamity, by any profession or trade whatsoever; I say, under favour, no man ought to increase his estate in a time of a Civill War (unlesse he be a souldier) if he get more then to mayntain himselfe and family, the overplus must go to the State for the mayntenance of the War: to get 1000 lib. per annum, and to lend 500 lib. to the Parl. [Page 72] is but Sophisticall. I know it was a high point of State policie, for the greater encouragement of covetous men, to allow them extraor­dinary gains for such moneys as should passe their hands, and that some men should have offices and other places sufficient for foure or five men: but I hope these men make account that they are the Kingdoms purs-bearers, in the former case that I put, 'tis a neigh­bourly part to preserve his goods, whose house is on fire, but he ought in conscience to restore them, that many poor country men that were inforced for the safety of their lives, being indebted, should now be undone by use money; that old Usurers should thrive in a time of Warre, and honest men that have ventured their lives for the Kingdome, should now be made slaves to a company of greedy Usurers: what a horrible shame is it? A friend of mine having borrowed 100 lib. which he layd out in cattell, was constreined to forsake his house and goods for the safety of his person, his house plundered and his cattell driven away, yet being returned home, procures the 100 lib. and intreats the Creditor to remit the Interest, the Usurer stormes at the motion, and puts the bond in suit for the Interest: meeting with him, I told him he should doe very well to shew himselfe a Christian, and to take his principall; what tell you me of a Christian said he? I have nothing to live upon but my In­terest; but said I, your Debtor lost the Principall, will not you abate the Interest, or rather then fail, half of it; not he. The Lord deliver this Kingdom from such Jews, in whom there is no more mercie then milke in a male Tyger: for my part I thinke their goods are to be confiscated, and they ought in reason to be banished, as Jews, by the equity of the Statute;De Iudaismo. for the Jews did but lawfully rob the Kingdome in time of peace. I am not against all taking of usury when the borrower gains by it. But can any man imagine that if the late Oxford party had prevailed, they would have suffered any of their friends to have been imprisoned for use money? The bloudy Rebels in Ireland had so much mercie and wit to ordaine that no interest should be paid in time of warre, the Law of God is plain for it in Nehemiah, and our Historians tell us, that after Civill Wars there were alwayes commissions granted to enquire who had in­creased their estates in a publike calamity, and out of their super­fluities they were enforced to relieve the necessities of poore men: I am perswaded that there are 100 men about the City of London, [Page 73] that have got enough since the Wars began, to provide comfortably for all the poor people in and about London. B [...]e Law of Armes some professions are more specially priviledged [...] a time of Warre then others, as Priests, Surgeons, Husbandmen, and those that keepe Vineyards, and these ought not to be taken prisoners on either side, because there is a necessary use for them, which party soever prevailed: Yet in the Civill Law I finde it adjudged that those men must not make an immoderate gain of their professions, because eve­ry man is bound to regard the publike welfare more then his owne private ends; & therefore after the war ended, the Magistrates that govern by the Civill Law in Italy, and other places, call these men to account and order them to restore whatever they got during the war, maintenance for their Families being onely allowed them. What a gallant course might there be taken for the relief of poore people in this Kingdome, that there might not be a beggar amongst us? But pardon this digression, the thing I intend is, that there are thousands and thousands that will be undone by this cruell Usury, if the wisdome of Parliament do not prevent it: but let us not have so much as one hard thought of the Parliament, for that Court is the Liberty of the Subject wrapt up and conserved. How happy are Englishmen that cannot be made miserable but by such whom they choose and elect to vote for them; If they be enslaved, they may thank themselves. What a precious priviledge is it for this King­dom that the Legislative power is in the Parliament, and what an excellent Constitution of Government is it, that the King should take an Oath at his Coronation to keep the Laws, when the people make their own Laws, and the King swears to keep them? How free is that people, and yet (under co [...]rection be it spoken) there are two things considerable in the Constitution of the Honourable House of Commons.

That every Member is not as well sworne to Vote nothing but 1 what he believes is for the Common good, and to enact good Laws, as the King to mayntain them: peradventure, an Oath in such a Case might do no hurt. For, though Father that swears to educate his Childe in good nurture and literature, be no more obliged to do it then he was before; yet the obligation of an Oath whet's the re­membrance of that duty upon him to do it with more alacrity and [Page 74] resolution for his Oaths sake; I know there is a strong reason to be given why it is [...]dless; because in true policy Interests are, and better State security then oaths. The Lords and Commons Vote for themselves, for their own goods as well as the Kingdomes. If the Kingdome suffer they suffer in their private Estates, and therefore the highest point of policy that humane prudence can reach unto, is this, when a man cannot hurt mee, but hee must hurt himselfe, when he cannot pluck out one of my eyes, but hee must pluck out both his own: for our Parliament Worthies are Elder Brothers, and have a double portion in this Kingdome. In such a case I may safely trust them; for which reason the King and Judges have been ever sworn, but the Commons not.

2 It is much objected that they cannot administer an Oath, and why so? Because they do it not? that's no good Consequence; they that may lawfully put the Kingdome into a martiall posture to de­fend their own Liberties may certainly administer an Oath, if they please. But there are two Reasons why it hath not been accustomed.

1 A violent presumption in Law, that nothing can be done in the Kingdome but the House must have notice of it, for so the Law says, that every private man must be presumed to take notice of e­very thing done in his own Hundred or County.

2 For the great reverence every man is presumed to beare to that great Assembly, that no man dares affirme an untruth before that Honourable Presence. I am sure, that Legem dare, est summitas Imperii: They that have the greater power, must have them lesse in­cluded. Nor do I l [...]ke those expressions, that the Commons are the Kingdoms servants, and receive wages for their service by Law. Magistrates doe not so much serve the people, as the good of the people, and so are superiour: the Members Vote as well for their own Interests; they are the most considerable men of parts and qualities in the Kingdom; the reason of the Kingdom resides in both Houses of Parliament, to them I must submit my Interest, though my judgement is not enthralled; the ultimate resolution of all things not against the Laws of God and Nature (which only nter­pret themselves) is in Parliament. This principall of ultimate reso­lution [Page 75] which in setled times is joynt in the King, Lords, and Com­mons, may (under favour) be divided in a Case of necessity with­out any change or destruction of the Government, and without any prejudice to the mixture of the severall estates, when that necessity is removed.

Nor do I like severall other expressions to the same purpose, as that of the Potter and the Vessell, that the Counties are the Fathers begetting, and the Boroughs the Mothers that conceive and bring forth the Burgesses; and that if Absalon rise against David, it is high Treason. These are truths, but little to the purpose for which they are produced; but many honest people are much troubled at the burning of a Petition which was lately presented to the Ho­nourable House; & what greater mischief can befall a people in time of Parliament, then that those which have ventured their lives for the Petition of Right, should be denyed the liberty to petition? truly I dare not presently censure every thing for which I do not ap­prehend a sufficient reason. Many grains must be allowed to reasons of State, so long as Governours have a generall Care, and ayme to the publike good; and do not of Common-wealths men become private-Wealths men, nor turn the edge of that power against the people w^ch they put into their hands; certainly, there is no Counsel in the world but may erre: let the chiefe Incendiaries, who undoubtedly mis-informed the House, answer it. Our Honorable Worthyes which like the heavenly bodies have been in continuall motion for the good of this Kingdome, so many yeares, deserve all possible vene­ration; and he that runs all day, and trips, it, may be, once or twice, being wearied with multiplicity of businesse, 'tis no imputation a­mongst wise and judicious men. For as God does not judge a man by every action but the whole tenour of his life, so must the people judge of great Counsels: What hath the generall bent and endea­vour of the Parliament been since their first convention, but the safety and liberty of the people? Had this Kingdom been in a way to happinesse but for this Parliament? 'tis true the Army hath been principall Instruments of our deliverance, but who raysed this Ar­my, and put the sword into their hands? If Timotheus had not been, we had not had much sweet Musique; instead of singing Ho­sannaes [Page 76] to the most High, we might have hanged up our Harps, and sung Lachrimae; but if Timotheus his Master had not been, we had not had Timotheus. The Parliaments chiefest care hath been the safety of the Kingdom, and if in the carrying on of that, some of their own private good hath been too much involved, and many of themselves enriched in this time of Calamity, and some Votes not authentick in the Court of Heaven; It is not well done in right reason, it ought not so to be; but this does not dissolve the Contract, nor so much as loosen the knot between the Parliament and King­dom; it should only put those Worthyes upon a Rectification of what hath been irregular. The husband promises faith to his wife, one unkind word or action towards her, does not violate his pro­mise for civill matters of property; many Errours and great Taxa­tions are to be cheerfully tolerated and endured, so long as it appears that the highest Court in any Kingdome hath a care to make good their promise to the people; the greatest wisdome is to chuse the least evils, which is ever to mayntain the Honours of Parliament, as being the glory of this Nation, the Fountain of all lawfull Liber­ties, and the Defender of all Civill Enjoyments: if the Ship be in danger, throw out part of the goods to prevent a totall ruine; let the Jonahs be cast out and the storm will cease; when Sheba the son of Bichri was disprotected, Joab and the Army made an Honoura­ble Retreat. 2 Sam. 20.

I cannot but smile at some printed Pamphlets, that to ingratiate themselves with some that are not the Kingdoms best friends, say that the Army hath some dangerous designe; just as bloudy Bonner sayd, that the way to destroy the Kingdome, is [...] have the Bible in English. Doth the Army demand any thing but what they first adventured for? and was there any radicall errour in the begin­ning? surely none; if they should, unlawfull demands may be law­fully denyed; so far as the Army hath the Justice of heaven on their sides; so far they will prevail against all the world of oppo­sers, and no further: what, will any rationall man be afraid of him that draws his sword in his defence? Put the case that I. S. and his followers travelling through a dangerous Forrest, meeting with I. D. and his servants, should intreat I. D. to draw his sword for [Page 77] all their defences, who does so, and meeting with such as would rob them, I. D. and his friends, most manfully and valiantly make good every passage, by killing many, till they are past the most dangerous place; then sayes I. S. now pray thee I. D. put up thy sword; nay, says he, there may be more wolves yet [...]uickly start out of the wood, let's stand upon our guard till we be past all dan­ger; and discoursing, they differ by the way in matters of opinion, and some of I. S. party tels him that he is not fit to live in a Com­mon wealth, let him change that opinion or he must be opposed: pray sayes I. D. since our way lies together let us journey lovingly, let us live and blesse God that hath preserved us all; sayes one of I. D. friends, better our lives had not been preserved, then to be sa­ved by such dangerous fellows as you are. I intend this Treatise wholy for the Readers brain in point of explication, little to his affection in point of application: but let no man be so grosely er­roneous as to say, that the Army is Anti-magistraticall, and Anti-parliamentary: what ayme can a House of Commons have but the common good? The Parliament being intent to the true ends and noble grounds of their raising Forces, and the Army wholy minding the reasons of their ingaging, and both sincerely, really, and con­stantly the Parliament, as the supreame Councell of the Kingdom, and their Army as the servants of Justice, endeavouring a speedy accomplishing of the most honourable and glorious ends, viz. the just rights of the King, just priviledges of the Parliament, and just liberties of the subjects common safety, just liberty, and equitable propriety, to which the Armies proceedings have a naturall tenden­cie and proclivity, as the stone to fall downwards; 'tis impossible any differenc should arise: Counsell is the right hand of Policy, and the sword is the left, which may assist and promote without any face of opposition: the truth is, that there are some whose pri­vate interests are contrary to the publique interest of this Kingdom, they are the troublers of the pure waters, that the people should not drinke, they trouble and disquiet the fountain, and then the streams must needs run muddy; they are men of the same spirits from whence the miseries of this Kingdom did at the first flow, that is, obstructers of the free course of Religion and Justice, and consequent­ly the obstructers of poore Irelands reliefe: But who must be [Page 78] Judges of the matters in agitation? Truly the Parliament, in all matters judiciall, we must have no Judge of Scripture but it selfe; that point of Popery hath cost us deare; we must not light a candle to see whether it be day; who knowes not that every man ought to have his own without vexatious attendance? and that it is injustice to make a man spend 10 lib. to recover 5 lib. who shall judge whe­ther those that have saved the Kingdom ought to have the liberty of subjects? who knows not but that Petitioning is a way of peace and submission, and that for Christians to meet in private to serve God, is no breach of the peace? The Lord grant that this Parlia­ment, by the help of the Army, may be the setlers and the restorers of this divided Kingdome, the neck-breakers of all oppressions in soules, bodies, and estates, the repairers and relievers of poor Ireland, which was formerly called the Island of Saints.

Another Objection is, that the Armies not disbanding obstructs the reliefe and indangers the losse of dying Ireland: Ah, poore Ireland, my soule is much troubled for thee; I knew thee, not long since, Englands younger sister, but thou art now the land of Ire: but he that runs out to quench the fire in his neighbours house, when his own is almost burnt, I shall rather admire his zeale then commend his discretion. I confesse poore Ireland is on such a flame, that no­thing but Gods infinite blessing upon the wisdome and endeavour of this Parliament can be able to quench it; but English liberties, which have been bought at so deere a rate, must first be setled and secured. The Army declared their resolutions, to have ingaged in that service, in one entire body, which was not thought conveni­ent; if then the Army were hindered by any plot or contrivement from going thither, not they, but the hinderers are culpable of Irelands continued miseries; but as the Army hath ever been ob­servant to all the just commands and orders of Parliament; so I hope that if hereafter they shall ingage in that service, they will be well satisfied in point of conscience, what it is that they fight for: It is possible that Antichrist with his left hand, may fight against his right. To fight against Popery further then it is destructive of State policie, to introduce a uniformity in the Protestant Religion, is, in my opinion, little better; but if it be to bring those bloud-thirsty [Page 79] Rebels to condigne punishment, and not to spare a man that hath had his hand in bloud, so far it is of God, and he will own it, but for those expressions which some pulpits ring of, of rooting out that Nation, and dashing the little childrens bones against the stones; I confesse it makes my heart to tremble to thinke of it, but those that will not submit to a generall Government must be de­stroyed.

Object. But we feare the Army will over-awe the Parliament; and Counsels not free stand but for Cyphers, and that Justice it self may not be forced, but timely hastned.

Sol. 1. The Parliament hath answered this Objection in his Ma­jesties Case. The King sayes they refuse to treat, unlesse wee deliver the Sword into his hands, which is to yield the question; when any differences arise, all things must rest as they are, untill all be deter­mined and concluded.

2 Inforcements are just, when just things are inforced, the sword is a servant of Justice, and is never better employed. That which the Hollanders alledge for themselves is universally true: if a Magistrate will not do justice, the Laws mayn intention for justice must not be lost; and King Philip not doing them justice, was the Authour of all the mischiefs that hapned. Rebellion is, not to obey a law­full Magistrate in a lawfull Act, not contrary to the Laws of God or Nature, besides which all Laws are Arbitrary by the Supreame Court of every Kingdome; If the Army shall entreat any unjust things (as the Sun may be in an Eclipse) Never were any just Ru­lers destroyed by force; there was a rising against David, and great stirs in Edward the sixth's and Queen Elisabeths time, but quickly husht and subdued: I think no History can be produced, that ever any good Magistrates were subdued by force, for God sits upon the Bench with them; but many times Kings and Governours have re­fused to do justice, till the people have enforced them. Hitherto the Army hath had the justice of Heaven, and so long as they intreat in the Kingdoms behalf things Honourable and safe for the Parliament to grant, their Continuance is the best assurance that our Wor­thyes [Page 80] in Parliament can desire: For what great King or Court but receives honour by a faithfull and victorious Army; who will ex­ceedingly facilitate the work, and prepare the way for our Parlia­mentary Worthyes? as John the Baptist did for our blessed Sa­viour. I hope I have satisfied every rationall man, that it is not possible in a prudentiall consideration; that without the in­tervention and intercession of this Army, this Parliament, as things stand, can never be able to settle the publike Liberties, and happi­nesse of this Kingdom; for who sees not what a spirit of malignity there is st [...]ll working in this Kingdom? Is all the malignant bloud drawn out or dryed up? Did never Serpents re-assume their poyson upon occasion? Are not the Jesuites negotiating a reconc [...]lement be­tween the Catholike Princes hoping to eat up Holland at a break­fast, England and Scotland for their dinner, and all other Prote­stants at supper; and all to erect a universall monarchy, and what's their pretence? Mark it I beseech you, to avoyd disorder and con­fusion, for it can never be well s [...]y they, till one man have the sole power over souls, and another over bodies and estates, I am confi­dent that before Rome's fall, there will be a generall Warre between Protestants and Papists, without any other ground of the quarrell. Is it not the extremity of madnesse, for Protestants to fall out to maintain Antichrists cause who is our sworne enemy? How lo­vingly doe Protestants and Papists associate in France, Poland, &c? The French Ministers preach that the French King, Queen, and all are damned, unlesse they forsake their Idolatry; the Priests quite contrary, that not a Hugonet can be saved: in the name of God what ails us? cannot we like bees hive into one body poli­tique because we differ in opinion, yet are of the same Religion? shall small matters disjoyne them whom one God, one Lord, one Faith, one Spirit, and one common cause, bonds of such great strength and force have linked together?

Oh yee learned Presbyterians, such of you as are like dead flies in the ointment of our good names, to make us unsavoury to our No [...]le Parliament (which yet I trust yee shall never be able to doe) Will yee not take warning by the Bishops? Did not they tell the King that the w [...]y to prev [...]nt errours was to suppresse the Puritans? The Rams of the flock are demolished, will not you tremble? I tell you, [Page 81] that the way to make us all of one minde in the things of God, is to grant liberty to all; in things not fundamentall: possibly there are some by whom the way of truth is scandalized; wee may thank the Bishops and their Successours for it, let the waters a­lone and they passe away quietly, but stop the Current, and throw in stones, and the waters rage. An Englishman scorns to have his Religion cudgelled out of him, but deale with him in the spirit of Christ, shew him where his feet slide, you take his judgement, and affections prisoners. If the Bishops had not prest Subscriptions and Conformity to the Statute of 13 Eliz. they might have been longer lived, for any thing I know. It grieves me that you should take such pains to destroy your selves, but come, there is no falling from grace: true repentance is half innocent: tell our Parliament Worthyes, that onely a liberty to tender consciences can break the heart-strings of popery; t [...]at never any but Antichrist denyed a freedome of conscience to people of our quality and profession, who desire it no longer then we are Protestants, and live in all dutifull Conformity to the Civill Government; tell them that Jesus Christ will never prosper those that persecute such as are humble suitors in the behalf of his Kingdom; Doe yee think he will? tell them that the free exercise of the Gospel for Doctrine & Discipline is of so harmlesse and peaceable a nature, and carriage so far from wrong­ing any Magistrate in Sovereignty and Power, that the Persi [...]ns and the Turks admit it. The Roman Emperours in policy gave leave to build Temples. Politike Charles the fifth sayd, There was no other way to peace, but by a liberty for all Protestants; so Maximilian that succeeded him: & H. 3. of France. Ah saith Philip the second, when he was dying, If I were to live again, my first thing should be to grant liberty to Protestants: Ah sayes the Emperour, How gladly would I grant a liberty of conscience if that would now serve the turn, and that would have served at first. I beseech you marke me, when the King of Sweden en­tered Germany, he propounded nothing but what was most just, liberty for Protestants, banishment of Jesuites, restitution to the Palatinate; his cosen Mechelburg, and some other oppres­sed Princes, with the Emperour would not grant, but being [Page 82] victorious, nothing would content him then, but to be declared King of the Romans, and so heire apparent of the Empire. Be wise in time. A moderate, meet liberty will not satisfie every man, and you may proceed in your own way; if hereafter you suffer in point of Tithes, you may thank your selves: you know whose pride and covetousness hath brought their honour into the dust. Your ridged Presbytery is no more Jure Divino then Episcopacy was; you may as well call Divinity damnati­on. Doe not think that this Kingdom will suffer you to be Judges in your own Cases. Your Ipse Dixit will not do it, your Votes cannot make Hereticks nor Schismaticks; men are wiser in the South then far North: the Sun cleers the judgement; to that Son of Righteousness I commend you, desiring to walke with you in love and peace.

I shall conclude with a request to the Army: you precious souls, as ye have been presidents to others for honesty and ju­stice, so be a president to your selves what to continue; con­tinue just, be content with what you can get, and take not the value of a pin from any man, but in case of necessity; 'tis fit that you who have saved the Kingdome should not starve; injustice is a very great sin, the want of morality excludes from Heaven. His Majesty was wont to say, that there were none in arms, but Independents, Anabaptists, and Brownists, who would destroy all Laws and Religion; the eyes of all the World are upon you: you know best why you tooke up arms, was it not for Laws and Liberties; stand fast in the Lord and in the power of his might; be true to your first principles, as ye are Englishmen, as ye are Souldiers, and as ye are Christians; treason is the betray­ing of the greatest trust, hee that is true to his end, cannot be a Traytor. The War first undertaken for the defence of Laws and Liberties, hath had a great influence upon Religion; and pray answer me this Question, if the Parliament had told you at the first, that you should not expect any Liberty of Conscience in case of prevayling; but that you must serve God according to the precepts of men, whether you see reason for it or no, would you have engaged so cordially upon a promise of freedom for [Page 83] your temporall estates? What is all the World worth if a man enjoy not the freedom of his soul? peradventure you will say that the world cannot deprive you of the liberty of your Consciences, for the Saints are as free in prison to enjoy God as if they were abroad, as sweet experience can testifie, and the more we glorifie him by suffering for him here, the more conformable are wee made to our Head, and shall be glorified with him; and Jesus Christ is eminently all Ordinances in himself; most true; but in the dark the best eyes have need of Candles. We are not yet as we shall be, we live upon the beams here, and not the body; and it derogates much from the wisdome and the love of Christ, to reckon that as a shadow which he hath appointed for a stan­ding Ordinance; Religion teacheth nothing against nature: pi­ety doth not ruinate humanity, but makes one man worth twenty. I assure you, Gods people hope that you will deliver them from the Bishops successors, as well as themselves, by what title soever they be called. I doubt not but you have both naturall and spirituall affection to this poore Kingdom; the poore Saints that are rich in faith, act faith in Christ for deliverance by you: they say they care not what becomes of them, so as the Crown may be set upon the head of Christ, and fealty and alleagance sworne unto him, who is no enemy to any just governours; they are perswaded that the Parliament of themselves intend no lesse, and that there are very many in both Houses, most cordiall servants to Jesus Christ, who are even sick for the love of him, that dyed for the love of them: but here is the case, there is a potent faction within this Kingdom, men that have enriched themselves in these times of danger and calamity, (a base thing so to build upon the ruines of our brethren) that count gain god­linesse; and these consist of subtill, Atheisticall, and depraved Polititians, on the one hand; and devout, superstitious, rigid Zealots on the other hand: who by specious pretences, and plausible insinuation, worke upon the candor and devotion of many honest men; whose mindes are vertuously disposed, to en­slave this Kingdom for their own ends, and this under a pre­tence of Gods honour, service, worship, and uniformity; and [Page 84] this designe so politikely carried on, that the wisest men may be mistaken, for he that thinks no hurt himselfe is seldome suspi­tious of others. The chiefe Religion of these Polititians is to have no Religion in the power of it, but such a forme established as is most sutable to his Grandor, and they thinke it a sin to let any man live in this Kingdome, who will not eat up, as su­gar, all their Orders and Sanctions: our noble Worthies in Par­liament, would quickly be as wholsom, medicinable, restora­tives to heale the wounds of this Kingdom, but that they like byting corrosives study to make them greater and more dange­rous, setting up all sails to sail withall, and rowing with all manner of Oares, but being discovered, will, I hope, be ab­horred by all honest men. Now to restrain the malice of these ambitious men, the Lord hath preserved you to this houre, and me thinks I heare Iesus Christ be-speaking you in this man­ner: Hearken yee noble Army of Martyrs, in affection and re­solution, who carryed your lives in your hands for my sake, and for morall justice, wherewith I am delighted, I take it as kindly from you, as if you had given me your lives, but keepe them, I am pre­paring mansions for you, but your worke is not yet done, you must stand up for the liberties of your brethren, you must stand up in the gap for me, who alone trod the wine-presse of my Fathers wrath for you? why have I impowred you, but to purchase liberty for my people? Did I preserve you from active martyrdome, that you should bring your selves to passive? Would not I have taken your lives as kindly from you at Nas [...]bey▪ Bristol, &c. as if after dis­banding you should be imprisoned, and put to death for Heretiques, or Schismatiques? Is not my kingly government as precious to you, and as well worthy fighting for as my Priestly office? But if you should be disbanded before Gods people have their liberties se­cured I should have covered my face, and onely thought that you did not so well understand the Doctrine of Christs government, and dom [...]nion in his Churches and amongst his Saints, as the Do­ctrine of satisfaction by faith in him.

Is it not most apparent that the day of your disbanding is in probabi [...]ity, the Eye of the Kingdoms ruine? for does not this po­tent [Page 85] faction say, they will not suffer an Independent, that they cannot live but by the death of the Independent party?

Hath God preserved you hitherto in times of War to be in­sensibly destroyed in times of peace? Was not your Commission to fight for Laws and Liberties, whereof Conscience is the great­est; hath not the Kingdom sufficiently dishonoured Religion for­merly in the Bishops times, but must they now under a pretence of uniformity seek the life of her Children, and of Religion it self; do they not ayme at the life of Religion which is the heart of God, and the lives of his children, which are the apple of his eye? The Me [...]curialists at Court did but strike at the letter of the law in some things, but these Phaetons would set all on fire, and ayme at the power of Religion, the very life of our Laws, whose humours are so corrupt, that the least scratch turns into a Gan­green.

For I am confident, that these cruell men cannot bring one argument for themselves, but what I may improve for the Popes Supremacy, which was pretended to be for orders sake, to avoid confusion, but in reality hath been the occasion of all Tyranny. But many words are not proper to an Army, you have won the heart of Gods people, in you is fulfilled that prophesie, Esay 49. That Kings shall be your nursing Fathers, Commanders, persons of Eminency: for what the watchfull Constable, worthy Justi­cer, reverend Judge, and all other Officers of Justice do in pu­nishing Traitors in times of peace, the same in effect is done by Armies in time of War: every Souldier hath been a judge to do justice and execution upon the enemy.

I have but this request to make to you, that you hearken not to any Syren songs, but be ever true to your first principles; let the Honour of Parliament always be of most high account and precious esteem with you; your jarring with that Supreame Court would be a pleasant melody to many that will pretend faire to you, speak you fair to borrow your hands to take out the Chestnut for them, that would have you crack the shell for them to eat the kernell.

It is reported of the Lioness or the Bear, that if a whelpe dye she will roar in the Den exceedingly over the carkass, or else ha­ving got some gobbets of flesh, hopes by continuall clamour to put life into it; some such there are, that by daily exclamation against the Supream Court, think to vivifie their dead Cause, and to put life into a carkass; that will not acquit our renowned Worthyes from the highest Crimination; and yet will justifie your station by the Law of the Land. I beseech you, if the Par­liament had no power to Commissionate you to redeem out Li­berties; what are you, that have acted by their authority? I hate dissimulation; the happiness of this Kingdom will rest prin­cipally in this, that all the godly, though of different opinions, favour and assist one another, and that all honest peaceable men joyn together as one man to break the neck of all oppression and injustice. Let every man contend for the Honour and Priviled­ges of the King and Parliament, in the preservation of the Li­berties and Birth-rights of the people. And when the Kingdome is happily setled, let us say, that God hath done all, yet honour them whom he hath honour'd.