IT hath been the lot of Gods servants in this Kingdom, for many years past, to walk upon many snares, which hath made their condition very comfortlesse. We were in hope, that God, in the multitude of his mercies, would have taken them off the earth, set our feet upon even ground, and, so smooth'd our pathes, that we might have passed the remainder of our pil­grimage safely and chearfully, making straight steps to his Kingdom, and no more turned out of the way, nor been ob­structed in our course of holinesse and obedience. But such is the measure of our sins, and such his righteous judgements, that he thinks it still requisite to permit us to cast such stumbling blocks in one anothers way, as deprive us of the joy of our being, and of those few remaining comforts, which, in his goodnesse, he is pleased yet to continue, for the support of our languishing spirits and conditions.

There is now a stuctus decumanus come upon us, a snare more perillous, than any we can call to minde.

We sincerely desire, to be preserved from the sins of complaining without a cause, of quarrelling with secondary means, of adding further troubles to this over­troubled State, of denying obedience to lawfull authority, of raising unnecessary scruples in other mens heads and hearts, of stirring up coales of further dissension: we desire nothing but satisfaction to our doubting and distressed consciences; such satisfaction as may render us freely obsequious to Government, and respectively peaceable to the worst of our enemies. Wherein if any of you, godly-wise, Ma­gistrates [Page 2]or Ministers, or other judicious Gentlemen, will please to help us; we shall endeavour to the utmost to pray, that God will give them their due reward, and that we may requite their love with any Christian service lying within the compasse of our power.

Give us leave, we beseech you, with all meeknesse and reverence, to spread our case before you. We are now sundry waies called to submit to the commands of a new authority, where with we and our fore-fathers have not been acquainted, and of whose legality we are not yet sufficiently informed. We have, not a little, la­boured with our weak understandings, nor have we given way to the distempers of our wills, so far as we can discern; we have consulted with some, whom we judge moderate and prudent; and yet we finde our selves left in the dark concerning these two perplexed Questions.

1. Whether this present Authority, taken up and exercised of late among us, be indeed lawfull and authentick, if throughly weighed in the scales of God, or of the State of England?

2. Whether godly men, who desire to order their steps according to the Word, are bound in Conscience to yeeld obedience to such a Government, as in their most peaceable and inquisitive apprehensions, they judge unlawfull, at least very du­bitable?

Concerning the first; we crave leave with all modesty and sobriety, to propound these our ensuing doubts.

That our judgements may be clearly setled, we are necessited to inquire, as inof­fensively as we may, Whether this, which is now termed our Parliament, be in­deed either formally, materially, or effectually a Parliament, such a Parliament as is essentially requisite for this Kingdom, either according to the minde of God, or the necessities of the State?

The grounds of this our inquiry are these.

If we understand either the ancient constitutions of Kingdoms drawn out by God, or those Systems and Comments of Polity, which intelligent and experien­ced Statesmen have left us: All forms of Government are first constituted, by Gods immediate direction, or by the wisdome of supreme Governours, or by the pru­dence of an Homogeneous and In-organized people, fitly ordered to such a work: By People, we understand totus populus, or at least major pars populi, denying no de­gree their due share of Counsel or Vote. Without which, we also conceive, no form of State can be essentially altered: holding it an it efragable Aphorisme, That no frame of State can be formally changed, but by the power of those who first consti­tuted it: unlesse it be by Conquest.

If we should grant, that our State of England was at first framed, or hitherto con­tinued, by the people, viz. the whole people, or the major part; yet this modern model seems not to be so.

This was altered by the Commons only, which, in our account are but one State of the three; yea this was done but by a third part of the Commons, if by so many.

This excludes the Nobility, as an Integrant party, which are the clarior and il­lustrior pars populi, bound jure gentium to be the main pillars of those politicall Theaters where they live. We humoly conceive, that, in a naturall body, the nobler [Page 3]parts have proper powers and principles to perform their vitall offices, now bor­rowed from the inferiour members, yet not denying them their due portions and functions.

We mention not the KING; yet we cannot but observe, that the whole universe is governed by God, Angels and Men: all naturall and subcoelestiall crea­tures, by Sun, Moon and Stars: all humane bodies, by an head, a region of vitalls, and inferiour members. Where a Province is rude and illiterate, a Democracy will do well, ordered by the Optimates: In a State adorned with Gentry and wealthy Mer­chants, an Aristocracy will do better, managed by the Proceres: In a Kingdom flourishing with ancient Nobility and high-bred families, Royalty seems to be best.Prov. 10.16. Eccles. 8.4. Iob 29.25. God hath blessed all three forms, but alwaies when they have been suitable to the people and places. But the last most of all: Which, both in peace and warre, puts most lustre and power upon authority and arms, and most dread upon profligate persons and enemies. There is a saying, Regis ad exemplum—Little do a State consider, what they may gain by the Majestique example of a religious, vertuous and well circumscribed King (neither too powerfull, nor too chargeable; neither yet too despicable,) if such may be had: and we are not hopelesse, that some of our Roy all Stemmes may so prove. Where a true proportion of all three sorts may be had in a Parliament, they are so many sieves and searses to make Laws fine and exact.

This was done without the counsel, and against the consent of two thirds of the people.

This was done by force and faction, if we may so call it; grounds whereon God never builds stable structures.

This excludes two third parts of the Commons chosen by the Realm; so that it is not the elected Parliament of the people, but the selected Parliament of a faction; and may be said, as of old, that it is Senatus Senatùs, and not Senatus Reipublicae.

We also suppose, that this was chiefly contrived and acted by some members of the Parliament, which makes the force the more intestine and sinfull, and the au­thority of the House the more invalid. If fourty men were Commissioners to do an act of publike justice, or any ten of them in absence of the rest: if part of these should by force impede the meeting of the rest, who they thought would not con­cur with their mindes and aimes, and admit only such as they knew would con­join with their counsels and purposes: we apprehend this Commission to be truly void, and the acts of the inforcing party legally null.

We think it a firm Axiome, That when part of any thing is cut off, the whole quâ tale is destroyed, so that it cannot be truly said to be totum or integrum. Dum cessat forma cessat formatum, and dum cessat formatum, cessat forma; both which we suppese were done in the late forcible dissipation of the Parliament.

We are not ignorant, that there is an ancient Order of Parliament; That if four­ty members, with the Speaker, be present, it is an House.

Should we grant it an House of Commons; yet, that such an House, when the rest of the members are forcibly kept away, can, by our constitution, be an intire Parlia­ment (yea or an intire House of Commons) we cannot grant.

It is alwaies to be supposed, That the rest of the members of the House have a vir­tuall power, and legall liberty, to assede if they will.

If a forraign enemy should invade and deter away all but fourty, which were not of their faction; we think that the House may hold as an House by vertue of that Order; and their Votes be reputed valid, at least such of them as are in derogation to those which cause that force; because the rest, it may be rationally presumed, would have assented, if they had been present. But in case, the fourty remaining were of their faction, or confederates with those that thus deterred the rest, and therefore suffered to remain because they are so, when the rest are therefore deterred or detained because they are not so: We conceive, there is no reason why their Votes or Acts should be reputed as Votes or Acts of the whole House, especially such as are in favour of those who cause this force; because those that are absent may justly be presumed to be dissenters.

In case the King, when he came to the House of Commons with a force, intending, as is presumed, to take away five of their members; had actually taken away or de­terred all, but fourty, or perhaps fifty, of such as would concur with some designe of his: and this fourty of fifty had assented to some Act by him propounded, (perhaps, That thenceforth there should be no more any House of Commons, but that either the King alone, or the King and Lords had a fall legislative power, to make, alter, ab­rogate and interpret Laws:) We are very confident, that such an Act could not, in reason, be deemed a valid Act or Vote of the House of Commons, notwithstanding the presence of the Speaker and fourty members; nor would it so have been repu­ted by those men who now plead most for the authority of the present House.

We very well remember, that some Votes pass'd in the presence of the Speaker, and more then fourty members, were (upon far lesse ground then what is suppo­sed, or hath been since acted) adjudged, to be null at the time of the passing, because un­der a force: so that, it seems, somewhat else was then requisite to the making of a valid Vote of the House of Commons, than barely the presence of fourty members. And yet, we beleeve, that the same men who judged those Null, judge the present Acts valid, though under a greater force; of which we can imagin no other reason, but, because these conduce to their designes, the other did not. It seems, that with some men, Veritas non est perpetua, and, Duo cùm faciunt idem, non est idem. Some men may better steal a horse, than others look over the hedge.

Although therefore we may grant, that, in some cases, fourty members (with, or without a Speaker, as in case of his death, sicknesse, captivity, wilfull default, or the like,) promiscuously [...]et (and not culled out upon designe,) may make a House of Commons, by vertue of that Order; (as when the House it self hath imploied some, imprisoned others in a due manner of proceeding, some be absent by reason of sicknesse, or occasions of their own, or perhaps detained by some externall violence of a forraigue enemy or the like:) But in case a faction of subject, or a party of the house it self, should by violence effect it, for the carrying on of their particular de­signes, contrary to the judgements of the rest; the life and strength of that Order seems to be utterly dissolved and destroyed. It's an Axiom in Law, and in Reason, That no man may take advantage of his own wrongfull act.

We also crave leave to say, that That Order, if so urged, seems to be against the order of God, and safety of the State; unlesse limited to meer prudentiall and cir­cumstantiall matters of inferiour moment. It being a solid Politicall rule, That, in [Page 5]things fundamentall, essentiall and morall, nothing ought to be determined positive­ly, without the presence and concurrence of two thirds of a Senate.

A further ground of our doubt is this;

Christ saith, We shall judge the goodnesse of a tree by the goodnesse of its fruits. It is very hard for rationall men to suppose, that that Authority is lawfull, which seems so irrationall in many Acts. We shall crave leave to suggest a few.

1. We marvell, that a Religious Parliament should make so large an intrenchment upon the highest Prerogative of God that he exerciseth upon earth; namely, to dis­pose of Nations, not only locally, in their severall regions and apt climats, but to give every of them their peculiar inheritance Politically. Deut. 32.8, 19. Jer. 18.6, 7. And what an ancient constant heritage he hath given to this Nation in that kinde, is not unknown. We much fear, that God is not well pleased, that the sons of men should peremptorily decree, that this Realm, alwaies governed by Royalty, should from henceforth never be governed by a King. We could wish, that those remark­able passages, Isa. 29.15, 16. were read, and throughly considered. And, while we are mentioning this Scripture, we cannot but observe, what extreme severities and cruelties the Innovators of States put themselves upon, as followeth there, ver. 20, 21. We would be glad if the contrivers of our new Government would conscientiously avoid such rocks.

2. That they should go about to take our State from off so firm a basis, and set it upon a quick-sand, or uncertain soil. We stand now like Nebuchadnezzars Image, upon a mixt footing, part iron, part clay, half sword, half scabbard. It makes us fear that the words of the Angel, that made that strange and bi-soil'd station, setting one foot on the sea, the other on the earth, are now fulfilling; who swore by Him, that liveth for ever, that there should be no more time, Rev. 10.6. at least, no time wherein any man can live; unlesse he be Amphibios, or can hang by his hands, well fastened in Heaven, and teeter till time come again. It may well be accounted no time, that is such a time, wherein men can enjoy no certain Religion, no sound rea­son, no peace, no money, no quiet in their houses, no rest in their beds, nor any hope of seeing an end of their distractions.

3. To meditate such a Toleration, as that no man shall be compelled to attend the publike worship of God, or to adhere to the established confession of faith. We think it a lesse sin, if subjects might have liberty not to submit to the acts and orders of a State. We presume, obedience to God, is full as necessary, as obedience to men.

4. We may adde hereunto, such a wearisome delay of putting forward Church-Government by Imparative Authority, that there will be scarce pure water enough left to drive such heavy moving wheeles with any life or strength.

5. The constituting of State-Commissioners of such persons, whereof some are generally known to be in divers respects very unfit and unacceptable; suiting a par­tiship (we are loth to say, a faction,) rather than the weighty affairs of the Kingdom.

6. That all this, and many other things, should be done at the vast charges of the far greatest and best part or the Kingdom, who are utterly averse to it. Not much unlike that of the Spaniards, who cut off the Indians arms at their shoulders, to beat them about their heads, to make them serve their ends. We cannot but think, that [Page 6]Taxes, and Free-quarter both, is too heavy an oppression for an exhausted people to pay, and an idle Army to receive.

We summe up what we have said in this; We fear that the alterations of a State, by the intestine faction, or force, of any minor part thereof, though, in their own con­coits, the sanior, melior, and fortior part, is utterly unlawfull, whatsoever necessities, providences, and intentions they ptetend. Such Miranda are only to be expected in Gods time, and Gods way.

The third ground of our doubt is;

From our Protestations, Covenants and Oaths: which having been so strongly and frequently argued by others, we shall say no more of it but this; That, when a Religious Nation have pawned their God, their Christ, their Gospel, their souls, their salvation, and their whole prosperity, to do such acts as were then, and still continue lawfull: We cannot comprehend with the utmost dimensions of our Understand­ings, no, not with the purest Chymistry of our Fancies, no, not with the most per­spicacious rayes of light we have, either old, or new, how such a Nation should, not only shake off such sacred chains, but presume diametrically and point-blank to counter-act those engagements, till they had heard God from heaven protest, vow, and swear, that he would both have them do so, and freely pardon them for it. Which how he should do, is many leagues beyond the worlds end out of our intelligence: It being sworn in our Oath of Allegiance, That no power whatsoever should ab­solve or deter us from the performing thereof.

If we slight these Obligations, there seems to us to be an absolute necessity, to have a select Committee, to treat with God, for two or three Universall liberties of Conscience: And, if he will not concede, to intreat the Army (we will not say, to behead, but at least) to dethrone him; and get it Enacted, That neither Father, Sonne, nor holy Ghost should ever raigne more in this Kingdom; and an Order, That all the Ministers in the Land shall publish it in their severall Congregations; with a profession, That all truth and power of Religion is originally in the people.

We come now to the second Question; wherein we shall be brief.

We cordially professe our selves solicitious to yeeld obedience to any Authority, that can bear the name of Lawfull. But the Reasons of our hesitancy concerning this are two.

1. We fear, That by our Submission we shall assert that power for good, which we suspect to be illegall, or at least to us very dubitable.

Would the Army and their party, clearly professe an absolute Conquest, which is a kinde of title, jure gentium, we would observe all their commands in licitis & hone­stis, for fear sake, and to avoid offence: as Christ did, in paying tribute to the Ro­mans. But to a bicipitous and amphidoxous Government, unlesse we have two faces, two tongues, two understandings, two judgements, two consciences, two hearts, two pair of hands, two pair of leggs, two purses, which every honest man hath not, we can­not see how it may be done: especially in such acts of obedience as do necessarily ratifie and establish an unlawfull or dubitable Authority. Should our servants in out houses rise upon us, and command us by threats to perform a lawfull act that were but transient; we would yeeld, to avoid their force; but if they should affirm, that the [Page 7]Government of the family were theirs by right, and that they intended to perpetuate it over us, we should think it a great sin to betray that place and power, wherein God hath naturally and morally placed us.

It is said, That wisdome requires obedience in this present case, because it is the only visible Authority we now have; and, to slight it, were to cut the sinews of all present Government, and to prostrate our selves to the rudenesse and rapine of unrea­sonable men.

We conceive, under favour, There is another, more compleat Authority, visible enough to Religious and Loyall eyes, though for the present it be suspended in point of exercise, and clapt under hatches for a while. We hold it scarce lawfull, for a man to marry another woman, while his wife is in a swound, or in a fit of the falling-sick­nesse; or, for a woman to marry another man, while her husband is in captivity, or in prison, willing to come to her if he might.

We also conceive, That we are bound to trust God, who can support a State in a confusion or deliquium, and rule in a Chaos, and forbids us to do any evil, that any good may come of it: and not to finde out waies of our own, by any evil shifts either to remove his present judgements, or to prevent his future mercy. Truefaith makes no haste, &c.

Others say, That such as withstand these present proceedings, do what in them lies, to withstand those glorious daies of Religion and Government which they think to be now approaching.

We would be as glad as any, if we and our children might have a portion in those glorious times, which vain-glorious men dream of: But if ever God produceth such glorious times out of such ungracious courses, as are now acting, we are resolved, for our parts, to buy no more Bibles of our English translation.

It's quite beyond the Arcticks of our fore-sight, how true Religion, and a generall Toleration, regular Authority, and lawlesse Liberty, strict Magistracy, and rude Popu­larchy, in one and the same State, can bring forth any thing but mules and monsters, storms and tempests, unsetlednesse and madnesse throughout the Kingdom.

2. Our second Reason is the divine bond of our Covenant and Oathes; which chain us, by our Consciences, if we mistake not, to preserve that kinde of Government which was then existent, and to which only our intentions and obligations did then levell; from which, we tremble to think, that any created power should hold them­selves able to discharge us.

We have forborn to trouble you with the Statute, and Common Laws of the Land; which have been better pleaded and pressed by others, than, at present, we can.

We thus conclude; That if any party of the Kingdom shall judge us, by these inqui­ries, to be men of malignant, captious, or rebellious spirit: we hope God will inable us, by our peaceable, and passive submission, and our unfained willingnesse to receive satisfaction in these propounded Questions (wherein we pray God to direct you,) to remove all such censures and prejudices.