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<DATE>2010-07-09</DATE>
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<NAME>Megan Marion</NAME>
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<P>THE PARLIAMENT JUSTIFIED In their late Proceedings again&s;t Charls Stuart, Or a brief DISCOURSE concerning the Nature and Ri&s;e of GOVERNMENT, Together with the Abu&s;e of it in Tyranny, and the PEOPLES Re&s;erve.</P>
<Q><BIBL>1 Sam. 17.28.</BIBL> <P>And Eliab &s;aid, I know thy pride, and the haughtine&s;s of thy heart.</P></Q>
<P>AS ALSO AN ANSWER To a certain PAPER, entituled, <HI>The humble Advice of the Lecturers of</HI> Banbury <HI>in the county of</HI> Oxon, <HI>and</HI> Brackley <HI>in the County of</HI> Northampton.</P>
<P>By <HI>J: Fidoe, T: Jeanes, W: Shaw,</HI> Students in <HI>Trinity</HI>-Colledge in <HI>Cambridge.</HI></P>
<P><HI>London,</HI> Printed for <HI>Giles Calvert,</HI> at the Black Spread-Eagle at the We&s;t end of <HI>Pauls,</HI> 1648.</P>
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<HEAD>Impartial READER,</HEAD>
<P>_LEt neither the Title nor the matter offend thee; the title is nothing el&s;e but the Books Name, by which you may di&s;tingui&s;h it: Let not the Fronti&s;piece af|fright you, if &s;o, rather throw it by: Christen it by what Name you will; Names or Titles are but tokens of things, and evidences of mens affections. We for our parts cannot (though others do) forfeit our Tru&s;t to tho&s;e, who next unto our Creator, have been the Pre&s;ervers and Re&s;torers of our Rights and Priviledges, which Tyranny had bereaved us almo&s;t of. We cannot &s;uffer our &s;elves to be called unthankful, or to be branded with Inju&s;tice; for if <HI>Cicero</HI> may be credited, there is Inju&s;tice in not turning away an injury, when it is in our power, as well as in doing it. Though we could humbly wi&s;h, That better wits, and riper judgements in the&s;e matters, would have undertaken this task; a task indeed able to break our &s;houl|ders, were there not <HI>Atla&s;&s;es</HI> to bear us up, and who knows not but <HI>Atlas</HI> is able to bear up the whole world: <HI>The Tongue,</HI> &s;aith St. James, <HI>is a little member, but &s;et on fire of Hell, with it we ble&s;s God, and cur&s;e man:</HI> Some men are of <HI>Jobs</HI> wife's temper onely in this different, &s;he advi&s;es her hu&s;band to cur&s;e God, they men, who &s;ees not innumerable <HI>Shimei's,</HI> that when <HI>Saul</HI> is departed, ca&s;t reproaches upon our <HI>Davids</HI> or honorable worthies; how many <HI>Rab&s;hekahs</HI> that reproach, and with uncircumci&s;ed tongues defie our <HI>Bethel,</HI> or Parliament, for God is wont to be in the Congregations of the Gods. We are true Engli&s;hmen, cannot endure to deny, but ingenuou&s;ly to confe&s;s the lea&s;t fa|vors: Who knows not but that this Parliament and Army now on foot, have re&s;tored to us, not onely our well being, but our ve|ry lives (for not to &s;peak of the &s;lavery of Subjects under Tyrants, who cannot call their lives their own, of which more &s;hall be &s;aid) from him that would have en&s;laved us in more then Egyptian
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bondage; for it is probable, that though <HI>Pharaohs</HI> Taskma&s;ters did afflict their bodies, yet their lives were not hazarded; <GAP DESC="illegible" RESP="UOM" EXTENT="2 letters">t who is ignorant of the purpo&s;e and intent of our adver&s;aries, not onely to have en&s;laved our bodies, to have u&s;urped our po&s;&s;e&s;&s;ions, but al&s;o our very lives, &s;hould have been at ones will; who, we &s;ay, can be &s;o unlike a man, as to labor to de&s;troy tho&s;e that gave him life and all, that cannot be content not onely to receive good, but they mu&s;t requite evil: <HI>O perver&s;e Generation, if you &s;hould do good to tho&s;e that do good to you, what more do ye then the Heathens?</HI> But what example can you bring to pa|ralel this ingratitude? A few &s;pare hours wrote this handful; we Schollars have not much time to &s;pend upon the State, onely the&s;e few words may te&s;tifie our hearts, who are not onely willing to word it, but to ju&s;tifie, if need be, &s;ome other way. We know we &s;hall endanger the tongues of many a Zo&iuml;lus; what is it to us? Tongues are but childrens bables: Fools u&s;e their tongues, though not their Rea&s;on; To tho&s;e therefore that are &s;o Eagle-eyed, that they can &s;py any fault but their own, we &s;hall conclude with that of the Comedian, <HI>Ut Maledicere de&s;inant monemas maledicts ne no&s;cant &s;ua.</HI></P>
<CLOSER><SIGNED>Thine as thou art for the Truth,
<LIST>
<ITEM><HI>Iohn Fidoe,</HI></ITEM>
<ITEM><HI>Thomas Ieanes.</HI></ITEM>
<ITEM><HI>VVilliam Shaw.</HI></ITEM>
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<HEAD>THE PARLIAMENT JUSTIFIED In their late Proceedings again&s;t Charls Stuart.</HEAD>
<P>_BEfore we proceed to Treat of Government in the ri&s;e and growth, it will not be needle&s;s to give our definition of it, as we think fit enough to the na|ture of the thing: We define it therefore a volun|tary &s;ubmi&s;&s;ion, when one or more rule, and others willingly obey (by which we di&s;tingui&s;h it from Tyranny, of which more hereafter) for the end of all Government, it <HI>Sa|lus Populi,</HI> there being, as &s;aith <HI>Cicero,</HI> a natural in&s;tinct in all Men and Bea&s;ts to con&s;erve them&s;elves, and to &s;hun tho&s;e things that are de&s;tructive: Now that this may be the ea&s;ier done, Nature &s;eeks Union; for all Union pre&s;erves, but di&s;|cord and disjunction kills: And <HI>Solomon</HI> &s;ays, that two are better then one, for if one fall, the other &s;hall help him up: And <HI>Ari&s;totle</HI> &s;ays in his Book <HI>De Repub.</HI> That man by nature is <HI>Civi|le Animal:</HI> And therefore the &s;ame Author &s;aith, That he that is a Member of no City, is either a notorious Rogue, or better then a Man: To which agrees <HI>Cains</HI> puni&s;hment, to be a wan|derer and a vagabond, which he &s;aid was to heavy for him to bear; and tho&s;e in the <HI>Hebrews,</HI> who wandred about in &s;heep-skins and goat-skins, of whom the world was not worthy. The fir&s;t age we confe&s;s dwelt apart, and lived <HI>vicati<GAP DESC="illegible" RESP="UOM" EXTENT="2 letters">;</HI> as al|&s;o it is &s;aid of the <HI>Athenians,</HI> that they lived like Bea&s;ts in
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holes, till by Government they were civilized: Now for the pre&s;erving of mutual entercour&s;e between man and man; Na|ture, who doth nothing in vain, endued man with a rea&s;onable Soul, and di&s;cur&s;ive faculty or &s;peech, by which he might &s;ig|nifie to his fellow Creatures, both joy and gladne&s;s, and al&s;o bewail his mi&s;ery: He hath made him al&s;o to di&s;tingui&s;h be|twixt good and evil, ju&s;t and unju&s;t, and that not upon con|&s;traint, but by an innate Principle, by a Law written in his heart: But after that God had Created man a living &s;oul, he forget|ting that duty of his Creation, increa&s;ed in wickedne&s;s; &s;o that it was nece&s;&s;ary for the con&s;ervation of the whole, that this va&s;t body might have &s;ome head to rule it, and &s;omething that might be as a rule ju&s;t and right to be governed by. Now this Government admits of &s;everal divi&s;ions, and &s;everal names: For certain it is, that the fir&s;t Image of Government that ever was, hath been betwixt Father and Family: For as much as tho&s;e things that are &s;imple, are before <HI>Aggregates;</HI> and therefore <HI>Ari&s;totle</HI> fir&s;t &s;peaks of a Hou&s;e, as being the part of a City, and then of a City.</P>
<P>A Hou&s;e con&s;i&s;ts of two parts, Servants, and Children; A Servant is nothing el&s;e but a living po&s;&s;e&s;&s;ion, one who hath given up him&s;elf to the di&s;po&s;ing of another, and is as an in|&s;trument in the hand of his Ma&s;ter, who doth with him what he plea&s;eth, &s;ave onely that which the Law of Nature, and the Law of the State wherein we live forbid. How this came a|bout, and whether God at fir&s;t Created men alike, and whe|ther men put them&s;elves fir&s;t into this condition, we will not now di&s;pute; yet its probable by nature all men are alike free, and that either Tyranny made fir&s;t &s;laves, or el&s;e happily &s;ome having &s;pent their Talent, and being a&s;hamed to beg, put them|&s;elves into anothers po&s;&s;e&s;&s;ion, though <HI>Ari&s;totle</HI> &s;aith, Some men are born to &s;erve: Sure it is, that to command, and to be commanded, are not onely nece&s;&s;ary, but al&s;o u&s;eful; for we &s;ee that in our &s;elves, that con&s;i&s;t of &s;oul and body; the &s;oul commands, and the body as Servant obeys, yea, the very Hea|then had this notion; and that as &s;ome think, from the &s;ight of the goodly univer&s;e, or in imitation of the Cele&s;tial Deity: For &s;eeing all things &s;o fitly moved, they knew it could not be
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but by &s;ome kinde of Government; whereupon &s;ome think there was a certain kinde of Government among the gods, <HI>Ju|piter</HI> being &s;o often &s;tiled King, but yet for the favorablene&s;s of his Scepter, &s;tiled by <HI>Homer,</HI> the Father of gods and men. Now as we &s;aid before, it is evident that the &s;tate of a Servant is &s;la|very, becau&s;e that &s;ome that have been of Ingenuous Parents are compelled to it: And that which is natural to men; <HI>viz.</HI> Freedom, is &s;o often fought for. Hence it is that we Read of the <HI>Servile Bellum,</HI> of the <HI>Scythians</HI> and <HI>Romans.</HI> Now Servants are either &s;uch as have voluntarily put them&s;elves on it, or el&s;e are &s;uch by Law, by which it is e&s;tabli&s;hed that tho&s;e that are taken by War, are the &s;poils of the Conquerers; whence &s;ome are called <HI>Mancipia, Qua&s;i Manu Capta:</HI> And &s;uch is the power of the Ma&s;ter over his &s;ervants, that the <HI>Scythians</HI> being gone over the Seas,<NOTE PLACE="marg">Iu&s;tin. Hi&s;t.</NOTE> and their Servants Re|belling, they came to them with no other weapons but whips in their hands, a manife&s;t token of their Servants &s;ubjection. The &s;econd part of a hou&s;e are children, the power of the father over them, is the &s;ame that a King hath over his people; and as a King is to provide for the good of his people, &s;o the fa|ther for his children, till they be able to provide for them&s;elves, which is the very in&s;tinct of Nature in all Creatures to provide for their yong, till they can pick their own meat. Such was the power of the father in <HI>Liberos,</HI> that the Romans had power over their childrens lives; examples hereof are exceed|ing many, and &s;ome think paralel'd in <HI>Abrahams</HI> offering <HI>I&s;aac,</HI> and <HI>Jephtha</HI>'s Vow: To put bounds to this power, it is not our intent, onely this we will &s;ay, which is granted by all (and which &s;hews all power limited) that the Son is not to obey the Father in all things: The grounds of this is in the Jewi&s;h Law, and holds true by the Law of Nature; for if one &s;hould be commanded by his Parents to &s;acrifice to Idols, or the like, he is in no wi&s;e to obey him, it being contrary to an expre&s;s Command: Now though obedience is better then &s;acrifice, yet it bindes not contrary to a Command; for in ca&s;e the Magi&s;trate &s;hould command one thing, Parents another, we demand which is to be obeyed, &s;ince the Scripture is expre&s;s for both: There is reported in the <HI>Rabbines</HI> a pretty conceit;
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A Boy was commanded by his Mother, to take a ne&s;t of Birds with the Dam, the Law forbids it; the Boy a&s;&s;aying to break the Law in the obedience of his Parent, broke his neck; what a King is in his City, that a Father is in his Hou&s;e: And as King|ly Power is continued by the obedince of Subjects, &s;o is an Hou&s;e; <HI>For if a Hou&s;e be divided again&s;t it &s;elf, it cannot &s;tand:</HI> And he that will learn to govern well, and be a Mem|ber profitable to his City, mu&s;t learn fir&s;t to rule his own Hou&s;e, which is a part of it. And now we come to Cities; The ge|neral forms of Government, we &s;hall onely name them; it being our intent onely to &s;peak of Government in its &s;elf, not in this or that, which is onely accidental, and not e&s;&s;ential; though &s;ome States &s;tand be&s;t by one, &s;ome by another: The u&s;ual forms are, fir&s;t, Ari&s;tocratical, where men of the great|e&s;t Parts and Tru&s;t, are &s;ingled out for the good of others: Much like the States in <HI>Holland:</HI> and the&s;e gathered out of every county, and a&s;&s;embled together, &s;eem to us to carry the true notion of a Parliament, the Commons being a repre&s;entative body. The &s;econd is Democratical, when the people have a voyce in all that is done: Not much unlike this, was the <HI>Tribu|nus plebis</HI> among the <HI>Romans,</HI> who &s;uffered the Senate to do nothing without Rogation of the people; and they had power to choo&s;e Con&s;uls, and to Enact Laws, which were therefore called, <HI>Plebi&s;cita.</HI> The third, is Monarchical, when one hath &s;ole command: concerning this, though it be very ancient, and the common opinion be, that in <HI>Nimrod</HI> or <HI>Belus,</HI> Father to <HI>Ninus,</HI> the fir&s;t Monarchy began after the Flood; yet its probable there were Kings before him: For be&s;ides that <HI>Cains</HI> building of a City, and denominating it from his Son <HI>Enoch,</HI> &s;eems to have the Character of a Kingdom in it; yet &s;ome make <HI>Adam</HI> the fir&s;t King, and that <HI>Seth</HI> &s;ucceeded in his Kingdom: And the Letter of <HI>Alexander</HI> to <HI>Ari&s;totle,</HI> in <HI>Jo&s;eph-Ben-Gorion</HI> tells us, that <HI>Kenon</HI> the Son of <HI>Enoch,</HI> Grand-childe to <HI>Seth,</HI> was Emperor over the whole world, and buried in an I&s;land of the <HI>Ea&s;t-Indian</HI> Sea; yea, &s;ome would have <HI>Monarchy</HI> derived from the very Law of Nature, and that Man as a Civil Creature was directed to this form, to which they bring that of <HI>Ju&s;tin.</HI> In the beginning, the com|mand
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was with the Kings, whom no popular Ambition, but <HI>Spectata inter b<GAP DESC="illegible" RESP="UOM" EXTENT="3 letters">s moderatio</HI> exalted to it. And <HI>Homer</HI> &s;aith, that one King is be&s;t; notwith&s;tanding, to &s;peak the truth, for all that can be &s;aid of Monarchy, we think that no one Go|vernment is more &s;uitable to the nature of a man then ano|ther, it being contrary to men to be in &s;ubjection, if they can avoid it; if any, that which is mo&s;t con&s;ervative, which would be di&s;puted: This onely we will &s;ay, That in the multitude of Coun&s;ellors, there is wi&s;dom. And the fir&s;t di&s;order of Go|vernment in Scripture was in <HI>Saul,</HI> a King. The fourth form, concerning which we &s;hall &s;peak a word, becau&s;e that now adays men argue from that to ours, is the Jewi&s;h policy, which <HI>Jo&s;ephus</HI> and all Writers confe&s;s to be a <HI>Theocratia,</HI> or a State mediately governed by God: For we put the ca&s;e thus, and we &s;ay, That they could do nothing but by expre&s;s command from God, whether in Peace or War, (not to &s;peak of the <HI>&V;rim</HI> and <HI>Thummim,</HI> Typical of Gods pre&s;ence, who is both Light and Truth) they, we &s;ay, have their Government immediately from God: For its proper to Nations that are <HI>&s;ui Juris,</HI> to make War and Peace, as we &s;ee in the <HI>Romans,</HI> and all others: But the Jews could not make either War or Peace with any Nation, but by an immediate inquiry, which when they neg|lected, how often did it prove their de&s;truction? And how often do we read in holy Writ, of asking coun&s;el of God, and of doing nothing without him? Secondly, tho&s;e that had their Magi&s;trates and their Laws from God, their Government is of God: But the Jews had their Magi&s;trates, Judges, and Kings from God, yea their Laws, which are &s;o often called The Book of the Law of the Lord. Now the Con&s;titution of a Common-wealth being nothing but Heads, and Laws, it followeth, that they who had tho&s;e two from God, and could not Enact Laws, or E&s;tabli&s;h Governors by a Power &s;eated in them&s;elves, had the Fundamental Con&s;titution of their Republique from God. Although it be otherwi&s;e in other Nations,<NOTE PLACE="marg">A digre&s;sion concerning the end of Magi&s;tracy.</NOTE> in which we &s;uppo&s;e the Power is fundamentally &s;eated in the People (as will be &s;aid) for who&s;e good it was fir&s;t in&s;tituted: For when <HI>Res Publica</HI> comes to be <HI>Res Privata,</HI> it cea&s;es to be a Commonwealth, and is then Tyranny: The judg|ment
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of the I&s;raelites was to be without Magi&s;trates, or el&s;e to have fooli&s;h Magi&s;trates who knew no good but their own, whereas they &s;hould be common Parents, con&s;ulting not for them&s;elves but for their People, wherefore they are com|pared to Shepherds: And tho&s;e that feed <HI>I&s;rael</HI> in Scripture, are as well Magi&s;trates, as Mini&s;ters: <HI>Plato</HI> in his <HI>Repub:</HI> in di|vers places keeps this &s;imilitude: A Shepherd, he &s;aith, (&s;peaking of Governors) cares for nothing, but that he may keep what is committed to his care; the &s;ame &s;aith, all Government (<HI>quatenus</HI> Government) commands us to take care for no other thing, but what is committed to our charge: And therefore <HI>Plu|tarch</HI> &s;aith, That it behoveth a Prince fir&s;t to govern him&s;elf, and then to govern his Subjects; for he that knows no order, cannot order others; the &s;ame would have them to con&s;ider, that they them&s;elves are &s;ubject to Command: Not like the King of <HI>Per&s;ia,</HI> who made all Slaves but his Wife, and there|fore the Law is to be his rule, the King of men and gods, &s;aith <HI>Pindar:</HI> Not &s;o much that written in Books or Tables, but <HI>viva in corderatio,</HI> always dwelling, always watching with him; and therefore the King was to have the Law continually read to him: And it may be the cau&s;e why &s;o much &s;in in <HI>I&s;rael,</HI> was, becau&s;e the Law was lo&s;t and not found, or at lea&s;t not u&s;ed till <HI>Jo&s;iah,</HI> at which time there was great joy for the finding of it, and the King read in it from Morn|ing until Evening: Not much unlike this is that of the <HI>Per|&s;ian</HI> King, who had one to come to him every Morning with the&s;e words, <HI>Ri&s;e O King, Care for tho&s;e things which</HI> Oro|ma&s;des <HI>would have you care for:</HI> They are called Mini&s;ters of God (yea gods) to pre&s;erve mens E&s;tate, and what nature hath be&s;towed upon them, to di&s;tribute it and pre&s;erve it: And there|fore at fir&s;t, the <HI>Romans</HI> had onely their Senatus which con|&s;i&s;ted of old men, be&s;t able to judge of things, being experi|enced in the affairs of this world: Concerning this, <HI>Plutarch</HI> hath wrote a Book, in which is elegantly di&s;cu&s;&s;ed who are fitter for the Commonwealth, youths, or old men; for we know that <HI>Rehoboams</HI> yong men made the Tribes fall off: The yoke of Tyranny being in&s;ufferable, and therefore upon due con&s;ideration and power to be ca&s;t off; for who is ignorant
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that the fir&s;t Power entru&s;ted was but &s;mall, and no more, then if a blinde man &s;hould entru&s;t a &s;eeing friend with his leading, and he contrary to his Tru&s;t, &s;hould either attempt a murther, or el&s;e a throw from &s;ome <HI>preoipice:</HI> we &s;ay, that if this man &s;hould receive his &s;ight; he may then ca&s;t him off, for that he de&s;ired him to lead him, not to throw him down. Now having &s;aid &s;omething of Government in general, as al&s;o of the de|clination of it, we &s;hall proceed to that which indeed is no|thing el&s;e but the abu&s;e of it, and that is Tyranny, or an unli|mited and u&s;urped Power, by which one man, or more, without an Appeal to the Law of Nature, written in the heart of every man, or to that Divine written Law of God, entrench upon (by freely exerci&s;ing) the Natural or Political Rights of others, according to their own plea&s;ure: It is a Power meerly Arbi|trary, which is &s;o far from coming under the notion of <HI>Jus Divinum,</HI> as it is altogether Repugnant to the Law of Rea&s;on and Nature; neither of them allowing the private Intere&s;t of a part, to exalt it &s;elf above the common good of the whole; whence comes the ruine of a body Natural? but from the &s;u|perabounding, unlimited and Tyrannical Power, of &s;ome one of the Malignant humors: As <HI>Samp&s;ons</HI> &s;trength lay in his Locks, &s;o that of a State lies in the Complication of an univer&s;al Intere&s;t, common unto all; we &s;hall &s;peak of Tyran|ny under a twofold account: 1. There may be Tyranny by Con|que&s;t, as tho&s;e that know any thing in Hi&s;tory, know that the foundation upon which the fir&s;t four Monarchies was built, was an u&s;urped Power, got by the Sword: For indeed, the world being enlarged, and the e&s;tate of the people confu&s;ed, it was then a fit time for Tyranny to take its original; every one being a Law to him&s;elf, and Interpreter of his own Actions, no marvel that the &s;tronge&s;t governed all the re&s;t at his own will: If this principle of Tyranny be good, other men may not onely free them&s;elves from &s;lavery as &s;oon as they can, but al&s;o exerci&s;e power (when its put into their hands) again&s;t Ty|rants, their former oppre&s;&s;ors; it will amount but to <HI>Lex tali|onis,</HI> to pay them home in their own Coyn, from their own Principles. 2. Tyranny may be by Male-Admini&s;tration, or by abu&s;ing and going beyond the Tru&s;t repo&s;ed in a man, by a
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Kingdom or State: The pre&s;ent age in which we live, pre&s;ents before our eyes an example mo&s;t fre&s;h and lively; That our late King, <HI>Charls Stuart,</HI> was not a Tyrant in the fir&s;t &s;ence, is confe&s;&s;ed by all, witne&s;s his Oath at his Coronation, as al&s;o his claiming Intere&s;t in the Crown, by a lineal de&s;cent from <HI>William</HI> the Conquerer, who thought the choice or Election of the People, a better and &s;urer Title then Conque&s;t: But to free him from Tyranny in the latter &s;ence, who can? unle&s;s &s;pi|rits wilfully prejudiced again&s;t the Honorable Parliament, and the High and Supreme Court of Ju&s;tice; for that he was en|tru&s;ted by the People with his power, is clear, it being irra|tional to think that our Ance&s;tors gave any &s;uch ab&s;olute unlimitted Power unto our late Kings Predece&s;&s;ors, as that they might u&s;e them how they plea&s;ed; and notwith&s;tanding, that no re&s;erve left in people, when as the exerci&s;e of Govern|ment, the be&s;towing it upon one or many, is founded in the con&s;ent and mutual agreement of the whole body, or &s;ociety of men in a State-Government or Magi&s;tracy, is indeed a power ordained of God, and upon no pretence to be re&s;i&s;ted: but when a man through depraved Principles of Tyranny and Oppre&s;|&s;ion, u&s;urps over the Con&s;cience in things Spiritual and Divine, above the reach or determination of the Spirit of a man, by propo&s;ing his will and fancy to them for a Law, or when he entrenches upon Natural or Civil Right, then he lo&s;eth the no|tion of a Magi&s;trate, becau&s;e he goes contrary to the end of the Government of that Fundamental Law, which is <HI>Salus Populi:</HI> But &s;uppo&s;e our Forefathers had given away to any one man without a remedy or appeal, that power originally in them by way of di&s;pen&s;ation, it will not follow, &s;eeing nature makes us free, and this freedom never given away by us, we &s;hould be bound to embrace any &s;lavery our Forefathers &s;hould &s;eemingly ca&s;t us in, they could only engage for them&s;elvs, they had nothing to do with their Po&s;terity, as to take from us what Nature gives: Now that <HI>Charls Stuart</HI> broke this Tru&s;t, which we have &s;hewed he mu&s;t nece&s;&s;arily be intru&s;ted with, we &s;hall not need to &s;pend time in the probation of, it being abundantly proved by many learned Pens, we &s;hall proceed to &s;hew the lawfulne&s;s, for Free-born men in a State, according to
<PB N="13" REF="7">
that Fundamental Law of Rea&s;on, to execute Ju&s;tice upon a man degenerated into Tyranny: In doing this, we &s;hall not &s;pend time to Treat of the &s;everal names and kindes of Go|vernment, we having &s;poken &s;omewhat of them before, yet this we would put you in minde of, That <HI>Theocracy</HI> was onely of Divine in&s;titution, and that this was onely proper to the Jews: As for the re&s;t, they are of humane in&s;titution, and are derived from the People; and the people have power to put down, or to alter the&s;e or any of the&s;e as they finde occa&s;ion; &s;eeing it is confe&s;&s;ed by all, that <HI>Salus Populi e&s;t Suprema Lex,</HI> All Governors are but Tru&s;tees unto the People: And there|fore when the people finde them acting contrary to the Tru&s;t repo&s;ed in them, they may ju&s;tly take it from them, and com|mit to others; or in ca&s;e they cannot finde others that they can entru&s;t, or in ca&s;e they finde that Government inconve|nient for the State, they may alter it, and keep the Tru&s;t in their own hands: But we know that there are many, who deny the Supreme Power to be in the people; and tho&s;e men make it Haereditary to Kings and their Succe&s;&s;ors, and that by vertue of the Laws of this Nation. But concerning the fir&s;t, we would have them &s;ee from whence this Succe&s;&s;ion did proceed; There could not be a Succe&s;&s;ion before there was an Election; and if &s;o, then either the fir&s;t King mu&s;t have this power in him&s;elf, or receive it from the people: Now we &s;uppo&s;e that no men are &s;o ab&s;urd, as to affirm it was in the fir&s;t King, before he re|ceived the Crown and Power from the people; and if &s;o, then the prime and chief Power mu&s;t nece&s;&s;arily be in the Peo|ple: If Kings obtain Crowns and Kingdoms any other way, it mu&s;t be by Conque&s;t; and if that be a &s;ufficient Title, then if the great Turk &s;hould invade our Kingdom, we mu&s;t ne|ce&s;&s;arily own him as our lawful Soveraign; and if any private man by force can beat another out of his po&s;&s;e&s;&s;ion, he may lawfully enjoy it, and he to whom it did of right belong, mu&s;t acquie&s;ce, and not &s;eek to regain it. But there are &s;ome that &s;ay it is not our ca&s;e for we have had a Succe&s;&s;ion of kings ac|cording to the Laws of this Nation, for divers Generations: But we de&s;ire to know of them, by whom tho&s;e Laws were En|acted; as al&s;o, who the fir&s;t king was, from whence this Suc|ce&s;&s;ion
<PB N="14" REF="8">
did proceed: And as for this fir&s;t king, which was the main Ba&s;is or &s;tock from whence this Succe&s;&s;ion took its ri&s;e, It was <HI>William,</HI> &s;irnamed Ba&s;tard, Duke of <HI>Normandy,</HI> who invaded this Land, and de&s;troyed many of the Free-born Engli&s;h: We &s;hall not &s;pend time to di&s;pute what Title he pre|tended he had to the Crown: But this onely we &s;hall &s;ay, If he had any Intere&s;t, it could be but a weak one, &s;eeing he was an illegitimate: We &s;hall rather &s;peak of the Arbitrary and Tyrannical Government he exerci&s;ed on the Free-born Engli&s;h, as &s;oon as he had invaded this Nation, and obtained the Crown: How he &s;ubverted their Laws, and by force En|acted and put in Execution &s;uch as were mo&s;t &s;uitable to his own Tyrannical Spirit, to the great di&s;like and male-content of the people; Though they were con&s;trained to &s;ubmit unto them, as appears by the &s;everal in&s;urrections of the Engli&s;h, both of the Nobility and Commonalty, who &s;everal times endeavored to throw his &s;ervile yoke off their &s;houlders: Among&s;t whom <HI>Edgar Ethling</HI> was chief leader, who al&s;o is reported to have had the greate&s;t intere&s;t in the Crown, with whom joyned <HI>Edwin</HI> and <HI>Morcar,</HI> who were brethren of the Queen.</P>
<P>We &s;hall not &s;tand to tell you of the multitudes &s;lain in divers places, nor of his unju&s;t acting in particulars; Though Hi&s;tory makes it plainly appear, That in a Bloody and Barba|rous maner, he di&s;membred many, put out the eyes of &s;ome, and &s;low many hundreds which were at his mercy: Onely this we will &s;ay of him in general, He came in a Conquerer, and lived a Tyrant; but it was not our intent to have &s;poken any thing concerning him, onely this we thought good briefly to di&s;cover, the &s;tock from whence this Regal Succe&s;&s;ion did &s;pring. We &s;hall not &s;peak any thing of the Tyranny of his Succe&s;&s;ors, nor how far they walked in his wicked &s;teps, but &s;hall pa&s;s all over in &s;ilence, until the unhappy Reign of <HI>Charls Stuart,</HI> who came unto the Crown after the death of king <HI>James</HI> his Father, his Brother <HI>Henry</HI> being before poy&s;oned: We &s;hall not here &s;tand to reckon up the Capital crimes which were committed by him in the beginning and middle of his Raign; neither &s;hall we undertake to determine how far he
<PB N="15" REF="8">
countenanced the Spani&s;h Faction; neither &s;hall we intermed|dle with the tran&s;actions of <HI>Ree, Rochel,</HI> &amp;c. But we &s;hall ra|ther de&s;cend to the la&s;t &s;even years of his Raign, and here we could declare &s;ufficiently the horrid impieties and bloody &s;laughters committed by him: But &s;eeing the illegality of his proceedings is &s;ufficiently proved, and &s;o fully made manife&s;t to all the world, we &s;hall not &s;pend time to di&s;pute of it, &s;ee|ing all men, unle&s;s wilfully blinde, may read it <GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">n bloody Cha|racters; but we &s;hall rather &s;peak &s;omething concerning the ju&s;tne&s;s of the Parliaments proceedings again&s;t him: It be|ing apparent he degenerated from a king unto a Tyrant, it was not unju&s;t for them to Act again&s;t him, as a Tyrant; now all rational men acknowledge it a ju&s;t act to execute a Tyrant: But the difference among&s;t them is, By whom he &s;hould be ex|ecuted? Whether by a Native? or Stranger? or for any man without Judgement? or el&s;e whether it mu&s;t be done by &s;ome Court of Judicature? and to this la&s;t mo&s;t men agree: We read of <HI>Nero</HI> &amp; <HI>Maximinus,</HI> how they were both executed by the power and command of the <HI>Roman</HI> Senate: And likewi&s;e divers of the kings of <HI>Denmark,</HI> for Tyranny have been Ba|ni&s;hed, Impri&s;oned and Executed; &s;o odious is Tyranny to all men, that the very Heathens, when <HI>Hercules</HI> had &s;ubdued Ty|rants, they numbred him among the gods: And in our Neighbor Nation of <HI>Scotland,</HI> the Lord Pre&s;ident of the High Court of Judicature, hath given a very large example, and therefore we &s;hall pa&s;s that by.</P>
<P>But if we had had no pre&s;ident, either Dome&s;tick or Forraign, yet the very Law of Rea&s;on and Nature, were &s;ufficient to clear them in it: As for the Laws of the Land, they are all &s;ubordinate unto this of Rea&s;on, and mu&s;t give place to it: And &s;eeing kings have always had a Negative Voyce, which they have kept up by u&s;urpation, it is not to be expected the letter of the Law &s;hould &s;o fully &s;peak to their particulars: There|fore we cannot but acknowledge, that we are abundantly &s;ati&s;|fied, in the ju&s;tne&s;s of their proceedings in the Tryal, Con|demnation and Execution of <HI>Charls Stuart.</HI> Now &s;eeing Go|vernment is &s;o nece&s;&s;ary (as we have already declared) and Tyranny taken away by Gods ble&s;&s;ing, and the endeavors of
<PB N="16" REF="9">
our Honorable Parliament, and Renowned Army: Our earne&s;t de&s;ire is, That God would direct and enable them to &s;ettle a Government, that all men, e&s;pecially tho&s;e that are in places of Tru&s;t, as well in Univer&s;ities as el&s;ewhere, may be compelled to acknowledge the Supreme Power of Parliament, which they have received, and are entru&s;ted with by the people of <HI>Eng|land,</HI> that we may have cau&s;e to rejoyce in them, and to ble&s;s God for them, and as long as they &s;hall thus Act according to their Tru&s;t, we &s;hall not cea&s;e to be their faithful and affecti|onate Servants, to the utmo&s;t of our powers.</P>
</DIV1>
<DIV1 TYPE="text">
<PB N="17" REF="9">
<HEAD><HI>AN ANSWER TO A BOOK ENTITULED,</HI> The humble Advice of certain Preachers of <HI>Ban|bury</HI> in the county of <HI>Oxon,</HI> and <HI>Brackley</HI> in Northampton&s;hire.</HEAD>
<P>_WE had thought, that &s;uch had been the Equity of our Parliaments proceedings, and &s;o manife&s;t to all the &s;eeing world, that even Envy her &s;elf would have been &s;ilenced; but we had delivered to us a Paper, Entituled as is mentioned; which Pa|per, though it came to our hands like an old Almanack, bearing date from before the death of him, whom you &s;tiled, <HI>Your Dread Soveraign,</HI> yet we could not pa&s;s it over, without &s;hew|ing you how far you have out &s;tript-your Cla&s;&s;ical bounds. As for the particulars in the Book, having peru&s;ed it, we finde neither good Rea&s;on, nor good Arguing; yet neverthele&s;s, we will &s;ingle out two or three, to which we will briefly An&s;wer.</P>
<P>Whereas you in&s;tance in the prophanation of your Cove|nant and Oathes, we Demand,</P>
<P N="1">1. How far Oathes and Covenants are obligatory?</P>
<P N="2">2. We ask, what you meant by entring into Oathes and
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<GAP DESC="duplicate" EXTENT="1 page">
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<GAP DESC="duplicate" EXTENT="1 page">
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Covenants, of Re&s;toring <HI>Charls Stauart,</HI> and Reforming Re|ligion? As to the fir&s;t, we &s;ay, That &s;ome Oathes and Cove|nants are not to be made, and if incon&s;ideratey made, con|&s;ideratey broken; for we know, that more then forty of the Jews bound them&s;elves by Oath, <HI>Not to eat nor drink till they had killed Paul.</HI></P>
<P>As to the &s;econd we make &s;ome Quaeres:</P>
<LIST>
<ITEM>1. Whether the Covenant to re&s;tore the King, was with|out any condition? If &s;o, it was unlawful; for to in&s;tance in a Simile, Suppo&s;e a man &s;hould ingage him&s;elf to another, to defend and protect him from all violence; put ca&s;e that per&s;on violate the Laws of the Land, and is therefore condemned to dye, that mans Oath bindes him not (yea cannot) to pro|tect him.</ITEM>
<ITEM>2. If your Covenant had a condition, whether to re&s;tore the King to his Throne, without reference to the peoples Liberty; if &s;o, its all one, as if you &s;hould engage your &s;elves in &s;lavery, and your actions differed nothing from the Cavaliers, who&s;e ultimate end it was, to re&s;tore the King unto his Throne, with|out any &s;atisfaction.</ITEM>
<ITEM>3. What you meant by the Reformation according to the Word of God? whether the impo&s;al of an outward Form, to which all men &s;hould be forced to give an a&s;&s;ent? if &s;o, you drive at nothing el&s;e but the Popi&s;h and Prelatical Confor|mity.</ITEM>
<ITEM>4. Whether all have equal light, or &s;ee with the &s;ame eyes? if not, while &s;hould any be compelled outwardly to profe&s;s that, which inwardly they never knew?</ITEM>
<ITEM>5. Whether the Reformation of Religion be not rather Internal and Spiritual, then the impo&s;ing of any External Form of Government?</ITEM>
<ITEM>6. Whether Chri&s;t is not the alone King of the Common|wealth of I&s;rael? if &s;o, then the Reformation is wholly car|ried on by his Spirit.</ITEM>
<ITEM>7 Whether the Magi&s;trate, as a Subordinate Reformer, hath any thing to do with the Church, but to pre&s;erve them from injuries as men.</ITEM>
<ITEM>8. What is the Toleration which you &s;ay is no way con&s;o|nant
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to the Word of God? if Chri&s;tian liberty, we di&s;&s;ent.</ITEM>
<ITEM>9. We demand, whether you hold perfection in this life? if &s;o, why &s;peak you and write contrary to your principles? if not, why account you all erroneous that di&s;&s;ent from you?</ITEM>
<ITEM>10. Whether the Re&s;ults of any A&s;&s;embly, in matters of Faith and Con&s;cience, are obligatory? if &s;o, they mu&s;t be infallible, and then we demand whence they had their infallibility.</ITEM>
<ITEM>11. Whether the interpretations of Scripture, made by any A&s;&s;embly, hath as much <HI>Jus Divinum</HI> as the Scripture it &s;elf?</ITEM>
</LIST>
<P>To all which Quaeres we &s;hould gladly receive particular &s;atisfaction.</P>
<P>We likewi&s;e finde you in your Paper, urging Statute Law; we thought you had been Di&s;pencers of the Go&s;pel, and not Expounders of the Law; Lecturers, not Barri&s;ters; Countrey Mini&s;ters, not Inns of Court Gentlemen: You &s;ay, you are informed by Law, that the King could do no wrong; &s;urely it was out of &s;ome of Judge <HI>Ienkins</HI> his Papers; as for your reading it in Parliament Declarations, we conceive it was in <HI>Mecurius Aulicus,</HI> whom you took for the <HI>Moderate Intelli|gencer.</HI> We likewi&s;e finde you too much intrenching upon the Authority of the Magi&s;trates, advi&s;ing his Excellency not to meddle, without direction from the A&s;&s;embly. Unle&s;s we are mi&s;taken, this borders upon Popery, which commands no|thing to be done in State, without the A&s;&s;ent of Eccle&s;ia&s;tique per&s;ons. For your better &s;atisfaction, we will give you the Popes own words, as we finde them in a Bull written to <HI>Philip</HI> the fair King of <HI>France,</HI> mentioned in the French Hi&s;tory; the words are the&s;e, <HI>Boniface Bi&s;hop, Servant of the Servants of God, to</HI> Philip <HI>King of Frenchmen, Fear God, ob&s;erve his Com|mandments; we will thee to under&s;tand, That thou art &s;ubject to us both in Spiritual and Temporal things.</HI></P>
<P>We likewi&s;e finde you &s;tiling your &s;elves Watchmen and Seers: If Watchmen, we advi&s;e you to have a care that you give us no more fal&s;e Alarums, for fear of Martial Law; and as you are Seers, we de&s;ire you to keep in minde, That the Seers of I&s;rael have oftentimes been blinde.</P>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
