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<DATE>2010-11-09</DATE>
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<NAME>Leah Yurasek</NAME>
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<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>ENGLANDS, Sole Remedy:</P>
<P>OR, A VVhol&s;ome Directory, for the reco|ry of our langui&s;hing Kingdome: <HI>Drawn from the Law of God, and the Land.</HI></P>
<P>CONTAINING Some nece&s;&s;ary and pertinent Queries, with their Re&s;olutions, by Scriptures, Law, and Rea&s;on: very fit and convenient to be thought upon by all Engli&s;hmen, for the be|getting of a &s;ure, &s;afe, and well-grounded Peace.</P>
<P>Collected and intended for the good of all.</P>
<P><HI>By a Lover of Peace and Truth.</HI></P>
<P>Printed in the Yeere 1648.</P>
</DIV1>
<DIV1 TYPE="to the English subjects">
<PB REF="2">
<HEAD>To all Engli&s;h Subjects.</HEAD>
<P>REader, whoever thou art, Peace is that we all cry out for, and that we all &s;eek after; but few there are which in a right way endeavour thereafter: where|fore in this <HI>juncture</HI> of time, to help for|ward &s;o good and ble&s;&s;ed a worke, it may be very &s;ea&s;onably advantagious, for all Engli&s;h Subjects, &s;eriou&s;ly to con&s;ider of &s;ome Queries, and their Re&s;olutions, con|cerning the Politicall frame and con&s;titu|tion of this our Kingdome; which being well and con&s;cientiou&s;ly thought upon, and dige&s;ted into act, doubtle&s;ly would beget a &s;ure, &s;ound, and well grounded peace, which out of a reall and &s;incere affection, and indeavour thereafter, I have compo&s;ed and contrived as followeth; wherein thou &s;halt finde me,</P>
<CLOSER><SIGNED>Thine in Chri&s;t Je&s;us, <HI>Chri&s;tianus Philopater.</HI></SIGNED></CLOSER>
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<DIV1 TYPE="text">
<PB N="1" REF="2">
<HEAD>Englands &s;ole Remedy.</HEAD>
<P>Quaerie 1.</P>
<P><NOTE PLACE="marg"><HI>Monarchicall,</HI> that is govern|ment <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> one which is a King. <HI>Ari&s;tocraticall,</HI> that is govern|ment by a few of the be&s;t, No|bles. <HI>Origarchicall,</HI> that is, govern|ment by a few of the mo&s;t wealthy and powerfull.</NOTE><HI>VVHether the government of this Kingdome,</HI> (<HI>which hath ever been</HI> Monarchicall) <HI>&s;ince His Maje&s;ties departure from the two Hou&s;es, hath been</HI> Ari&s;tocraticall, <HI>or</HI> Oligarchicall?</P>
<P><HI>Re&s;ol.</HI> In the re&s;olving of this Quaerie it is ob&s;erva|ble, that the matter doubted, is the ordering, and man|nagement of the affairs of this Kingdome, by the two Hou&s;es at We&s;tmin&s;ter, within a certain time, which is, from His Maje&s;ties departure from them, unto this pre|&s;ent; wherein the &s;haken and tottered condition of our di&s;tre&s;&s;ed Nation, hath wre&s;ted out a &s;traine, very im|proper, thereby &s;eeming to take it for granted, that the exerci&s;e of the two Hou&s;es, over this Kingdome, &s;ince His <HI>Graces</HI> departure from them, hath beene a govern|ment, which will not beare water for the&s;e rea&s;ons.</P>
<P N="1"><NOTE PLACE="marg">Rea&s;ons why the u&s;urpation of the <GAP DESC="illegible" RESP="UOM" EXTENT="1 span"> cannot <GAP DESC="illegible" RESP="UOM" EXTENT="1 span"> be a Government.</NOTE>1 No Common-wealth may be &s;aid to be governed, but by lawfull Authority, which lawfull Authority, where there are e&s;tabli&s;hed Lawes and Sanctions, doe uphold and maintaine the rule, and power of that Go|vernment; which the Laws and Sanctions of this King|dom, do not uphold and maintain in the two Hou&s;es; wherefore mu&s;t it needs be mo&s;t certaine, that they have no authority for their <HI>over-&s;waying</HI> of this King|dome &s;ince his Maje&s;ties departure.</P>
<P N="2">2 In this Kingdome, where there are e&s;tabli&s;hed Lowes and Sanction; that cannot be &s;aid to be go|vernment, but what is in conformity and obedience
<PB N="2" REF="3">unto the &s;aid e&s;tabli&s;hed Lawes, and Sanctions; there|fore their managing of the affaires of this Kingdome, contrary and in oppo&s;ition unto the Lawes of our Na|tion, by <HI>an arbitrary and tyrannicall power,</HI> mu&s;t needs conclude their u&s;urpation to be no Government.</P>
<P N="3">3. Becau&s;e the end of Government, is the good and perfect &s;tate of the Common-wealth, which cannot be kept but by an union of the whole, whereas they have made the greate&s;t di&s;union that can be imagined, by disjoynting and rending this Kingdome in negle|cting the Lawes thereof, and begetting &s;everall fa|ctions, divi&s;ions, and parties therein, wherefore their undertaking the rule and command of this Realme is an <HI>ab&s;olute u&s;urpation, and no Government,</HI> which phra&s;e in this Quaerie is to be under&s;tood, as they pretend them&s;elves to be <HI>Governours,</HI> and others doe confe&s;&s;e them&s;elves to be <HI>governed</HI> by them; which taken in their owne &s;en&s;e cannot be &s;aid to be <HI>Government Monarchicall,</HI> (which is the &s;tate and con&s;titution of this Kingdome) &s;eeing they have ever &s;ince acted, not onely be&s;ides, but again&s;t his Maje&s;ty, contrary unto both <HI>the Law of God and the Land;</HI> therefore if their u&s;urpation mu&s;t be accounted for a <HI>Government,</HI> it mu&s;t either be <HI>Ari&s;tocraticall,</HI> or <HI>Oligarchicall,</HI> whereof it cannot be the former, that is <HI>Dominium Optimatum,</HI> Go|vernment by the be&s;t Nobles, for this hath been in that &s;en&s;e, <HI>Regimen Communium,</HI> the government of Com|mons, by a few, or a party of the lower Hou&s;e of Commons, therefore mu&s;t it needs be <HI>Oligarchicall,</HI> be|cau&s;e it is an u&s;urpation of a few of the &s;aid Hou&s;e, who contrary to Law have exploded the grave&s;t, wi&s;e&s;t, be&s;t learned, and mo&s;t con&s;cientious men from among&s;t them, not &s;uffering them to performe that tru&s;t, which
<PB N="3" REF="3">their Countrey had committed to them: wherefore the Re&s;olution of this fir&s;t Quaerie mu&s;t be thus, <HI>that &s;ince His Maje&s;ties departure from the two Hou&s;es, this Kingdome hath been tyrannized over by an Oligarchy.</HI></P>
<P>Quaere 2. <HI>Whether or no it may be accounted a &s;inne a|gain&s;t the Word of God in the mo&s;t moderate Subjects of England, to believe the con&s;tituted Government thereof to be</HI> <GAP DESC="foreign">, <HI>and not</HI> <GAP DESC="foreign">?</P>
<P><NOTE PLACE="marg"><GAP DESC="foreign">, i. e <HI>Rignum Regale,</HI> when a people are go|verned by a King&punc; accor|ding to the Law of the Land. <GAP DESC="foreign">, that is, where a King reigns &s;o ab&s;olute that, his word is a Law.</NOTE><HI>Re&s;ol.</HI> This Quaerie &s;ets the people of England in three ranks, whereof two are in extremes, and one in a meane, the one extreme are they who would attribute all that power and authority which is attributed and given unto a King in the Word of God, unto the King of England, and &s;o make him the mo&s;t ab&s;olute King in the highe&s;t degree: the other extreme are the Secta|ries, who will not put any difference betwixt a King and other inferiour Magi&s;trates, which is directly a|gain&s;t the Word of God, and the Law of the Land: but the be&s;t are the middle and moderate men, who hold our Kingdome to be ruled by a King according to Law, concerning whom this &s;cruple is rai&s;ed, <HI>whe|ther or no they &s;in again&s;t the Word of God, in &s;o holding?</HI> To which it is an&s;wered, the King of England in him|&s;elfe being as ab&s;olute as any in the world, it mu&s;t needs be mo&s;t certaine, that at fir&s;t he had all that ab&s;olute power, and then to have holden this had been a &s;in again&s;t the Word of God, but as the King of England hath freely of his owne accord by the great Charter of England made the &s;ame <GAP DESC="foreign">, that is, a Kingdome wherein the King is to rule according to Law, and thus to hold cannot be a &s;inne again&s;t the Word of God, becau&s;e holding otherwi&s;e we hold contrary to the Kings Law, which is a &s;in again&s;t the
<PB N="4" REF="4">Word of God, be&s;ides the King of England having made this perpetuall pact, and agreement with his peo|ple, this therein is mo&s;t certain, that <HI>volenti non fit in|juria; Therefore it can be no &s;in again&s;t the Word of God, in the mo&s;t moderate Subjects of England to believe, the con|&s;tituted Government thereof, to be</HI> <GAP DESC="foreign">, <HI>and not</HI> <GAP DESC="foreign">.</P>
<P>Quaerie 3. <HI>Whether or no at the time of the Reformation, that good which was done, by ca&s;ting the Popes Authority out of mens con&s;ciences was overballanced, by therewith ca&s;ting out the authority of Scriptures concerning</HI> Regall Au|thority?</P>
<P><HI>Re&s;ol.</HI> The full &s;olution of this Quaerie requires a larger Tract, and a more able pen, then for pre&s;ent is alloted unto me, wherefore herein to move greater judgements. I will but therein deliver mine owne o|pinion, which is this, that heretofore the Pope over|ruling mens con&s;ciences, did not onely u&s;urp that au|thority, but thereby did al&s;o greatly injoyne gro&s;&s;e <HI>Idolatry,</HI> and <HI>Super&s;tition:</HI> directly again&s;t the Word of God: wherefore our exemption and freedome there|from, mu&s;t needs be un&s;peakable good unto this King|dome, but on the contrary, the ca&s;ting out or at lea&s;t neglecting the authority of Scriptures, concerning <HI>Re|gall Authority,</HI> hath brought an un&s;peakable hurt unto this Kingdome, by begetting and cau&s;ing bla&s;phemy and prophanation, &s;acriledge and impiety again&s;t God, trea&s;on, and rebellion again&s;t his &s;acred Maje&s;ty, ruine and de&s;truction to the Church, faction and divi&s;ion in the Kingdome, which though at fir&s;t they were not di&s;cerned, this our age hath had thereof too deare and deep experience; but whether or no the&s;e evills, do coun|terpoize or overballance, that good which was done, by
<PB N="5" REF="4">exploding the Popes Authority out of this Kingdome, I leave to be determined by greater abilities.</P>
<P>Quaerie 4. <HI>Whether or no, a right and lawfull King, hath power from God, to ble&s;&s;e, or cur&s;e his People?</HI></P>
<P><HI>Re&s;ol.</HI> This que&s;tion is to be holden in the Affirma|tive; for who&s;oever hath any (much more this) power, hath it from God, becau&s;e every good and per|fect gift comes from him, who hath given this power unto all that call upon him, thus giving, unto the poor, <HI>is a ca&s;ting our bread upon the waters, which we &s;hall find, after many daies,</HI> and alme&s;deeds do prevaile, as far as heaven, God heares the cries, and &s;ighs of the afflicted, and the cries of the poor fatherle&s;&s;e, and widdowes, all which are as the power of ble&s;&s;ing, and cur&s;ing from God; and if God have granted this unto all, and ordi|nary people, how much more unto Kings, who are &s;aid to be <HI>Gods, who&s;e hearts are un&s;earchable, Prov.</HI> 25.3. <HI>A divine &s;entence is in the lips of the King, Prov.</HI> 16.10. <HI>and the honour of Kings is to &s;earch out a matter, Pro.</HI> 25.2. They &s;it at the &s;tern to di&s;tribute ju&s;tice, &amp; mercy, which is ble&s;&s;ing and cur&s;ing <HI>eminenter,</HI> thus <HI>Mo&s;es yet both a ble&s;&s;ing and a cur&s;e before the People, Deut.</HI> 11.26. The exerci&s;e of both which we find in particular.</P>
<P N="1">1. That of ble&s;&s;ing, thus <HI>Mo&s;es ble&s;&s;ed the children of I&s;rael before his death, Deut.</HI> 33.1. <HI>And Jo&s;hua &s;ent away the two Tribes and halfe with a ble&s;sing, Jo&s;h.</HI> 22.6.7. <HI>and Da|vid ble&s;&s;ed his people in the name of the Lord,</HI> 1 <HI>Chron.</HI> 16.2. 2 <HI>Sam.</HI> 6.18. <HI>and Solomon &s;tood and ble&s;&s;ed all the Con|gregation of I&s;rael with a loud voice,</HI> 1 <HI>Kings</HI> 8.55. <HI>And David ki&s;&s;ed <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> and ble&s;&s;ed him,</HI> 2 <HI>Sam.</HI> 19.39.</P>
<P N="2">2. That of cur&s;ing, <HI><GAP DESC="illegible" RESP="UOM" EXTENT="1 word"></HI> cur&s;ed the rebuilder of Jeri|cho, <HI>Jo&s;.</HI> 6.26. which was executed above 520 years af|ter, upon <HI>Hiel</HI> the <HI>Bethe<GAP DESC="illegible" RESP="UOM" EXTENT="3 letters">,</HI> 1 King. 16.24. And <HI>David
<PB N="6" REF="5">layd a very heavie cur&s;e upon Joah,</HI> 2 <HI>Sam.</HI> 3.24. there|fore unto &s;ome purpo&s;e, hath Solomon &s;aid, <HI>the wrath of a King is as the roaring of a Lion, Prov.</HI> 14.12. which God having given unto all Kings, it mu&s;t needs al&s;o be given unto the King of England, which God hath made manife&s;t and apparent unto all the world, and that in an extraordinary manner, in that his touch doth heal that di&s;ea&s;e, which hath received name from him, which is a great &amp; certain ble&s;&s;ing; and having the one he hath the other, (as well as the Kings of I&s;rael) for it is a maxime in Logick, <HI>Contrarioru~ eadem e&s;t ratio.</HI> It is true, I have heard &s;ome &s;ay (how truly I know not) that his Maje&s;ties touch in this la&s;t age hath not pro|ved unto all &s;o effectuall as in former, the an&s;wer whereunto (if it may be granted,) is very cleare and obvious: was there ever age more traiterous, trecherous, &amp; rebellious again&s;t their Soveraigne then this? which are the effects of incredulity, which were &s;o praevalent a|mong&s;t the Nazarites, our Saviours own country-men, that he did not many works there becau&s;e of their <HI>unbe|lief, Mat.</HI> 13.58 &amp; that abating the power in the giver, we herein may &s;ee Gods great mercy, that it is not quite ob&s;tructed in the gifted, though a King. <HI>Therefore it is to be believed, that a right and lawfull King hath power from God, to ble&s;&s;e or cur&s;e his People.</HI></P>
<P>Quaerie 5. <HI>Whether or no that forme of Government Ec|cle&s;ia&s;ticall and civill pretended or intended by the two Hou|&s;es may &s;tand with the nature of this Age and People?</HI></P>
<P><HI>Re&s;ol.</HI> This Quaerie con&s;i&s;ts of two parts concerning goverment:
<LIST>
<ITEM>1 <HI>Eccle&s;ia&s;ticall,</HI></ITEM>
<ITEM>2 <HI>Civill:</HI></ITEM>
</LIST>
in both which I will but deliver mine opinion, which I conceive to be truth: and in the latter I will but only give a word or two, (referring it unto the learned in the Lawes of the
<PB N="7" REF="5">Land, unto whom it is mo&s;t proper) which &s;hall be this, that the <HI>Civill Government</HI> of this Kingdome, by the Ordinances of the two Hou&s;es, mu&s;t needs prove de|&s;tructive unto this Nation; becau&s;e,</P>
<P N="1">1. They are de&s;tructive unto the e&s;tabli&s;ht Law of the Land, which is the pre&s;ervation of the people.</P>
<P N="2">2. The good and peace of no Kingdome, can &s;tand in continuall change and mutability, full whereof are their Ordinances, which have been ordered, unordered, and counter-ordered, at plea&s;ure for their plea&s;ures; without re&s;pect unto the good of the Common|wealth.</P>
<P N="3">3. This kind of Government (if it may be &s;o called) is ab&s;olutely the mo&s;t <HI>Arbitrary, Tyrannicall, and Licen|tious,</HI> that can be imagined, and therefore can &s;tand with no age nor People.</P>
<P N="2">2. <HI>Eccle&s;ia&s;ticall Government,</HI> that as the former, no man can tell what is, but &s;omething they would &s;eem to put upon us, by the name of <HI>Presbytery,</HI> which cannot &s;tand with this age nor people, for the&s;e rea&s;ons; in re|&s;pect unto
<LIST>
<ITEM>1. <HI>The People of the Land.</HI></ITEM>
<ITEM>2. <HI>The Law of the Land.</HI></ITEM>
<ITEM>3. <HI>The Law of God.</HI></ITEM>
</LIST></P>
<P N="1">1. <HI>In re&s;pect of the people of the Land,</HI> becau&s;e all the Kingdome which are noble, wealthy, wi&s;e, knowing, hone&s;t, and con&s;cientious, (which are numerous) and mo&s;t fit to &s;it at the &s;tern of the State, are of a contrary judgement: be&s;ides the greate&s;t part, the mo&s;t &s;ober minded, and moderate men, have ever been educated and brought up in &s;o contrary a way, that they will never &s;ubmit thereunto, but with murmuring, heart|burning, and repining, which at lea&s;t will bring di&s;tur|bance, if not ruine unto this Kingdome.</P>
<PB N="8" REF="6">
<P N="2">2. <HI>In re&s;pect unto the Law of the Land,</HI> this imaginary Eccle&s;ia&s;ticall <HI>Eutopia,</HI> would &s;o cut, cla&s;h, thwart, cro&s;&s;e, and interfere all the old Law of the Kingdom, that it mu&s;t be de&s;troyed, and either a new made, which what it may prove, no wi&s;e man would put unto venture, <HI>or it would give us over unto all liberty and licence, or beget arbitrary and tyrannicall Government.</HI></P>
<P N="3">3. <HI>In re&s;pect unto the Law of God,</HI> this kind of Govern|ment is plainely, and directly again&s;t the Word of God, and never dreamed of untill <HI>Calvins</HI> time; and there|fore if it be &s;et up, we mu&s;t expect Gods &s;evere cur&s;e, upon and for the &s;ame: &s;o that what hath been &s;aid in this Quaerie may make it cleare unto all that are not wil|fully blind, <HI>that their pretended or intended Government, neither Civill nor Eccle&s;ia&s;ticall may &s;tand with the nature of this pre&s;ent age and people.</HI></P>
<P>Quaerie. 6. <HI>Whether or no the Lords now &s;itting in the upper Hou&s;e of Parliament, having &s;o much failed in their tru&s;t, may not more ju&s;tly be deprived of &s;itting there, then Lords formerly for decayed E&s;tates?</HI></P>
<P><HI>Re&s;ol.</HI> How the Law of the Land will preci&s;ely re|&s;olve this Quaerie, I leave unto the learned in that pro|fe&s;&s;ion, but to them ignorant in the con&s;titution of any Common-wealth, halfe-eyed rea&s;on will make it good in the Affirmative, con&s;idering the end wherefore Parliament-men &s;it in the two Hou&s;es, is to con&s;ult, and advi&s;e with their Prince, concerning making Lawes for the good of the Kingdome, whereunto <HI>bona fortunae,</HI> the riches of fortune, whereof are wealth, Revenues, honour, and the like, are nothing e&s;&s;entiall, but onely additionall thereunto, for honour, credit and &s;upply|ing of outward nece&s;&s;ities &s;ake, but <HI>bona animi,</HI> the goods of the mind, as are learning, e&s;pecially in the
<PB N="9" REF="6">Law of God and the Land, tenderne&s;&s;e of affection for the glory of God, and the good of their Country, for the execution whereof it is requi&s;ite they be quali|fied with fidelity, re&s;olution, di&s;cretion, judgement, and ju&s;tice, without which they can never attaine un|to that end for which they &s;it; as the one therefore is of more u&s;e for the attaining of that end, at which they are to aime, then the other, it is in an an&s;werable proportion, more nece&s;&s;ary then the other, and the want thereof mu&s;t nece&s;&s;arily the more di&s;able the parties &s;o wanting from the charge and tru&s;t of &s;o great an imployment. <HI>The Lords therefore now &s;itting in the upper Parliament-Hou&s;e, having failed in their tru&s;t and fidelity, doe more ju&s;tly de&s;erve to be debarred from &s;it|ting in the Hou&s;e, then Lords formerly for decayed E&s;tates.</HI></P>
<P>Quaerie. 7. <HI>Whether or no by the Lawes of this King|dome the two Hou&s;es their rai&s;ing of Armies without his Maje&s;ties con&s;ent, is a rebellious riot, (be&s;ides the Statute Law of the Land) con&s;idering they neither have, nor could knight their mo&s;t de&s;erving Souldiers for their Martiall &s;er|vice?</HI></P>
<P><HI>Re&s;ol.</HI> The Law of the Land re&s;olves this doubt clearly in the Affirmative, St. 30. Die Octobris, An. 7. Ed. 1. the words are the&s;e: <HI>Now in our Parliament at We&s;tmin&s;ter, the Prelates, Earles, Barons, and the Commo|nalty of the Realme, there a&s;&s;embled to take advi&s;e, have &s;aid that to us it belongeth, and our part is through our royall Seignory, &s;traightly to defend force of Armes, and all other force again&s;t our peace, at all times when it &s;hall plea&s;e us, and to puni&s;h them which &s;hall doe contrary, according to the Lawes and u&s;ages of this Realme, and hereunto they are bound to aid us as their Soveraigne Lord at all &s;ea&s;ons, when need &s;hall be:</HI> but thus to rai&s;e Armies, again&s;t their Soveraigne Lord the King is downeright
<PB N="10" REF="7">Trea&s;on, St. 25. Ed. 3.2. <HI>If a man doe levy warre again&s;t their Soveraigne Lord the King in this Realme, or be ad|herent unto the Kings enemies in his Realme, giving to them aid and comfort in the Realme or el&s;where, and thereof be provably attainted of open deed by people of their condition. And if a man counterfeit the Kings great or Privy Seale, and if a man &s;lay the Chancellour, it is to be under&s;tood in the ca&s;es rehear&s;ed, that ought to be judged Trea&s;on, which extends to our Lord the King and his royall Maje&s;ty,</HI> which Act concerning Trea&s;on is re-e|&s;tabli&s;hed, 1 Edw. 6.12. therefore <HI>their taking up of Armes without his Maje&s;ties con&s;ent, is again&s;t the Law of the Land, and high Trea&s;on again&s;t our Soveraigne Lord the King.</HI></P>
<P>Quaerie. 8. <HI>Whether or no the two Hou&s;es</HI> in &s;tatu quo nunc, <HI>wanting the head, heart, and integrall parts of a Parliament; may ju&s;tly be accounted as the repre&s;entative Body of this Kingdome?</HI></P>
<P><HI>Re&s;ol.</HI> They do no more repre&s;ent the body of this Kingdome, then a <HI>&s;tatua</HI> or <HI>picture</HI> without head, heart; and many other members throughout, and tho&s;e which it hath being mangled, and abu&s;ed, do repre&s;ent a man: for al men know this, that in the&s;e two Hou&s;es are wan|ting, the King, which is the Head of the Kingdome, the Judges of the Law, which are the heart thereof, and the Bi&s;hops, which are the brea&s;ts, and the mo&s;t of the temporall Nobility, which &s;hould be as the back unto that Body Politike. They know likewi&s;e how it is mangled, in the lower Hou&s;e; wanting the head, heart, and integrall parts of a Parliament: It cannot therefore be gain&s;aid, but <HI>the&s;e two Hou&s;es</HI> in &s;tatu quo nunc, <HI>are no repre&s;entative Body of this Kingdome.</HI></P>
<P>Quaerie 9. <HI>Whether or no the Kingdome of England, by
<PB N="11" REF="7">the Judges of the Land, the Ma&s;ter of the Rolls, and the Secretaries of E&s;tate, being put from the Wool&s;acks, is thereby deprived of one of their greate&s;t intere&s;ts and con|cernments?</HI></P>
<P><HI>Re&s;ol.</HI> For the &s;olution of this, let the Kingdomes own experience &s;peak, and we &s;hall find it in the Affir|mative; for <HI>The Judges of the Land, the Ma&s;ter of the Rolls, &amp;c.</HI> ought to &s;it upon Wool&s;acks in the middle of the upper Hou&s;e, becau&s;e wooll being the chiefe&s;t commodity and benefit of this Kingdome, they might thereby be put in minde thereof, to cau&s;e them to think and &s;tudy for the &s;ame good of the &s;aid Kingdome, and there ever upon all occa&s;ions, to be ready to acquaint the Lords of the upper Hou&s;e, with what is Law, the grea|te&s;t Intere&s;ts and concernments of the Kingdome, whereof without them there can be no wi&s;e, prudent, whol&s;ome care taken: <HI>They therefore being put from the VVool&s;acks,</HI> the Kingdome thereby is deprived of their <HI>greate&s;t intere&s;ts and concernments.</HI></P>
<P>Quaerie 10. <HI>VVhether or no the two Hou&s;es, wanting the con&s;titutive part of a Parliament, may ju&s;tly be called a Par|liament?</HI></P>
<P><HI>Re&s;ol.</HI> No more then a Body without a Soule may ju&s;tly be &s;aid to be a man: for as a rea&s;onable &s;oule is that con&s;titutive part, which makes a man; thus the King is the &s;oule and life of the Law and Parliament, as is &s;uf|ficiently maintained by all Orthodox Divines, &amp; &s;ound Lawyers. <HI>The two Hou&s;es therefore without the King, which is the con&s;titutive part of Parliaments, cannot ju&s;tly be called a Parliament?</HI></P>
<P>Quaerie 11. <HI>Whether or no the Speaker of the lower Hou&s;e, having the fir&s;t day of this la&s;t Parliament, promi&s;ed in the name of the Commons, that they &s;hould not abu&s;e, but
<PB N="12" REF="8">have &s;uch regard, as mo&s;t faithfull Subjects ought to have, to their Prince, con&s;idering their cariage towards him for the&s;e &s;everall yeares, have thereby forfeited their honour, tru&s;t, right, and intere&s;t in the Commonwealth?</HI></P>
<P>Re&s;ol. What every rationall man, if but poized with meane moderation, will conclude of this, is ea|&s;ily to be conjectured; and what the Law of the Land may determine herein, I leave unto them &s;tudi|ed in that Profe&s;&s;ion; onely heare what the Civill Law &s;aith in &s;uch a ca&s;e, concerning Councellours failing in their tru&s;t, <HI>Si quid praeter &s;pem acce&s;&s;erit, &amp; non in|veneris eum cu&s;todientem tibi fidem ju&s;tam, illum quidem expelles; alio ver&ograve; uter is con&s;iliario, legem &amp; ju&s;titiam c&ugrave;m puris &s;ervante manibus, Par. Vol. Col.</HI> 3. <HI>de Mand. Princip. Titul.</HI> 4. If any thing &s;hall fall out be&s;ides hope, and thou &s;halt not find him keeping right faith with thee, thou &s;halt expell him, but thou &s;halt u&s;e another Coun|cellour, which keepeth the Law and Ju&s;tice with pure hands, and if this &s;entence was ju&s;tice upon one pri|vate Coun&s;ellour, how much more upon publike Par|liament-men, which have failed in all tru&s;t and fidelity. But herein I will but onely hint what may be the judgement of the Holy Gho&s;t, whereunto all other Rea&s;on, Law and Authority, ought to vaile and &s;ub|mit, and it &s;hall be thus: among&s;t many conditions requi&s;ite to make a man a fit inhabiter of heaven, the P&s;almi&s;t, P&s;. 15.4. gives this for one, <HI>that he that &s;weareth to his own hurt and changeth not;</HI> he then that &s;weareth to his owne good, and the good of the weale publike, and changeth, &s;hall never (abiding in that condition) come in heaven: but lea&s;t they &s;hould take a &s;tar|ting hole at the Old Te&s;tament, let them undergo the &s;entence of the New, wich is this, that Covenant-breakers
<PB N="13" REF="8">are in number of them, who knowing the judg|ment of God, &amp; that they who commit &s;uch things, are worthy of death, not only to do the &s;ame, but to have plea&s;ure in them that do them, Rom. 1.31, &amp; 32.</P>
<P>Thus you &s;ee it is an invincible truth, <HI>that the Speaker of the lower Hou&s;e having the first day of this la&s;t</HI> PARLIA|MENT <HI>promi&s;ed in the name of the Commons, that they &s;hould not abu&s;e, but have &s;uch regard, as mo&s;t faithfull Subjects ought to have to their Prince, con&s;idering their ca|riage towards him for the&s;e &s;everall yeares, have thereby forfeited their honour, tru&s;t, right, and intere&s;t, in the Com|mon-wealth.</HI></P>
<P>Quaere. 12. <HI>Whether or no, the two Hou&s;es, by di&s;&s;olving the privy Coun&s;ell, did not di&s;&s;olve a greater and more ho|nourable authority then them&s;elves?</HI></P>
<P><HI>Re&s;ol.</HI> The very termes of this Quearie lay down the &s;tate thereof, for it is whether the <HI>two Hou&s;es,</HI> not the <HI>Parliament,</HI> by di&s;&s;olving &amp;c. And thus it falls clearely into the Affirmative, for the Kings power lies habitually and originally in him&s;elfe, but more actually and effe|ctually in his Privy Coun&s;ell, which makes a King in the exerci&s;e of his Regall Power, and his Privy Coun|&s;ell in&s;eparable, and the Law of this Land makes the Privy Coun&s;ell of greater honour, and authority, then the remaining part of a full and lawfull Parliament. My rea&s;ons are the&s;e.</P>
<LIST>
<ITEM>1. It appeares &s;o by their place and order, confirmed by Act of Parliament, St. 31. Hen. 8 10.</ITEM>
<ITEM>2. It is an order in well regulated Parliaments, if any &s;peak unreverently, or &s;editiou&s;ly again&s;t the Prince, or the Privy Coun&s;ell, to &s;end them to the Tower, <HI>Sir Thom. Smith Common-weal of Engl. Book</HI> 2. <HI>Chap.</HI> 3.</ITEM>
<ITEM>3. The Parliament Law of the Land makes it good St. 28. Ed. 2. the words are the&s;e. <HI>Neverthele&s;&s;e, the
<PB N="14" REF="9">King and his Coun&s;ell, do not intend by rea&s;on of this Statute to dimini&s;h the Kings right, &amp;c.</HI> Where you &s;ee the Sta|tute there &s;ets both the King and his Coun&s;el above the Parliament, as it is confirmed again, St. 33. Ed. 1.20. The King and his Coun&s;ell, and they that were pre&s;ent, at the making of this Ordinance, will and intend, that the right and Prerogative of his Crown &s;hall be &s;aved, to him in all things, where the King and his Coun&s;ell are preferred, before all that were pre&s;ent in Parliament: <HI>The two Hou&s;es therefore by di&s;&s;olving the Privy Coun&s;ell, did di&s;&s;olve a greater and more honourable Authority then them&s;elves.</HI></ITEM>
</LIST>
<P>Quaere. 13. <HI>Whether or no, the u&s;age of the two Hou&s;es, in their mannaging of affaires for the&s;e late yeares, being ap|proved, may not become pre&s;ident unto other inferior Courts, to all in their &s;everall limits, and jurisdictions without. Law, Statute, Ordinance, or other lawfull Edict.</HI></P>
<P><HI>Re&s;ol.</HI> What is to be &s;aid of this, the late and pre&s;ent <HI>Practi&s;e of the Army, the &s;everall Committees, Seque&s;tra|tors, and Excize men,</HI> do give a &s;ad and deare experience, in all of them, by their acting not only contrary unto Law and Con&s;cience, but even contrary to their own Ordinances, whence it followes, <HI>that the u&s;age of the two Hou&s;es, in their mannaging of Affaires for the&s;e late yeares, being approved, may become a pre&s;ident unto every other inferiour Court, to act in their &s;everall Iurisdictions, without Law, Statute, Ordinance, or other lawfull Edict.</HI></P>
<TRAILER>FINIS.</TRAILER>
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<DIV1 TYPE="publisher's advertisement">
<HEAD>POSTSCRIPT.</HEAD>
<P>COurteous Reader, &s;ince the Authors compo&s;ing of this, he hath made another piece, called a <HI>Commi&s;&s;ion or Po&s;ition,</HI> wherein it is proved to be lawfull, to labour and endeavour, for the Re&s;titution of his Maje&s;ty, though without Commi&s;&s;ion for the &s;ame.</P>
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