The present state of New-England impartially considered in a letter to the clergy.
         Palmer, John, 1650-1700?
      
       
         
           1689
        
      
       Approx. 130 KB of XML-encoded text transcribed from 24 1-bit group-IV TIFF page images.
       
         Text Creation Partnership,
         Ann Arbor, MI ; Oxford (UK) :
         2007-10 (EEBO-TCP Phase 1).
         A55056
         Wing P247
         ESTC W19307
         99829136
         99829136
         33572
         
           
            This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of
             Creative Commons 0 1.0 Universal
            . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.
          
        
      
       
         Early English books online.
      
       
         (EEBO-TCP ; phase 1, no. A55056)
         Transcribed from: (Early English Books Online ; image set 33572)
         Images scanned from microfilm: (Early English books, 1641-1700 ; 1974:10)
      
       
         
           
             The present state of New-England impartially considered in a letter to the clergy.
             Palmer, John, 1650-1700?
             F. L.
          
           44 p.
           
             printed for Samuel Green,
             [Boston, Mass. :
             1689]
          
           
             By John Palmer.
             Imprint from Evans.
             Caption title.
             Signed on p.44: F.L.
             Reproduction of the original in the British Library.
          
        
      
    
     
       
         Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.
         Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors.
      
       
         EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.
         EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).
         The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.
         Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.
         Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.
         Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.
         The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.
         Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).
         
          Keying and markup guidelines are available at the
           Text Creation Partnership web site
          .
        
      
       
         
         
      
    
     
       
         eng
      
       
         
           Massachusetts -- History -- Colonial period, ca. 1600-1775 -- Early works to 1800.
           Massachusetts -- Politics and government -- Colonial period, ca. 1600-1775 -- Early works to 1800.
        
      
    
     
        2006-11 TCP
        Assigned for keying and markup
      
        2006-11 Apex CoVantage
        Keyed and coded from ProQuest page images
      
        2007-01 John Latta
        Sampled and proofread
      
        2007-01 John Latta
        Text and markup reviewed and edited
      
        2007-02 pfs
        Batch review (QC) and XML conversion
      
    
  
   
     
       
         
         
           THE
           PRESENT
           STATE
           of
           NEVV-ENGLAND
           
             Impartially
             Considered
          
           ,
           In
           a
           LETTER
           to
           the
           CLERGY
           .
        
         
           
             Reverend
             Sirs
             .
          
        
         
           TWo
           Moneths
           have
           already
           past
           away
           ,
           since
           with
           Astonishment
           I
           have
           beheld
           the
           most
           deplorable
           Condition
           of
           our
           Countrey
           ;
           Into
           what
           a
           Chaos
           of
           Confusion
           and
           Distraction
           have
           we
           run
           our selves
           ?
           And
           in
           what
           a
           Labrinth
           of
           Miseries
           and
           Perplexityes
           are
           we
           involved
           ?
           'T
           is
           High
           Time
           now
           to
           make
           some
           serious
           Reflections
           on
           the
           state
           of
           our
           Affairs
           .
        
         
           In
           the
           First
           place
           therefore
           ,
           'T
           will
           be
           Necessary
           to
           Examine
           our selves
           ,
           and
           to
           Consider
           ,
        
         
           1.
           
           For
           what
           Reasons
           ,
           and
           to
           what
           End
           did
           we
           take
           up
           Arms
           ?
        
         
           2.
           
           Whether
           those
           Reasons
           be
           Substantial
           ,
           and
           such
           as
           carry
           with
           them
           Weight
           enough
           to
           justifie
           the
           Act
           ;
           And
           whether
           the
           proposed
           End
           can
           be
           obtained
           by
           such
           Methods
           ?
        
         
           3.
           
           If
           not
           ,
           What
           will
           be
           the
           Event
           ,
           and
           whether
           any
           way
           be
           left
           open
           to
           us
           for
           a
           peaceable
           and
           friendly
           Settlement
           ?
        
         
           Although
           there
           be
           some
           (
           not
           of
           the
           meanest
           Capacities
           )
           among
           us
           ,
           who
           are
           of
           Opinion
           ,
           that
           a
           few
           persons
           to
           gratisie
           their
           Malice
           ,
           Ambition
           or
           Revenge
           have
           been
           the
           
             plotters
             &
             contrivers
          
           of
           our
           unhappy
           Troubles
           ,
           and
           the
           better
           to
           carry
           it
           on
           have
           made
           use
           of
           the
           deluded
           Countrey
           men
           ,
           as
           the
           
             Monkey
             did
             the
             Cat
             's
             foot
             to
             pluck
             the
             Chesnut
             out
             of
             the
             fire
             ▪
          
           Yet
           I
           shall
           not
           lightly
           be
           over
           credulous
           in
           that
           matter
           ,
           nor
           give
           Entertainment
           to
           such
           Suggestions
           ;
           I
           shall
           onely
           therefore
           instance
           such
           things
           as
           Conversation
           &
           Report
           have
           brought
           to
           my
           Knowledge
           ,
           or
           as
           I
           shall
           find
           obvious
           in
           the
           Declaration
           ;
           the
           summe
           of
           which
           is
           ,
        
         
           
             That
             above
             ten
             years
             since
             ,
             there
             was
             an
             horrid
             Popish
             Plot
             in
             the
             Kingdome
             of
             England
             ,
             in
             which
             the
             Extirpation
             of
             the
             Protestant
             Religion
             was
             designed
             .
          
        
         
         
         
         
         
           
             That
             there
             was
             great
             Reason
             to
             Apprehend
             the
             Reformed
             Churches
             of
             New-England
             ,
             were
             to
             be
             overwhelmed
             in
             the
             same
             pit
             of
             Ruine
             and
             Destruction
             .
          
        
         
           
             That
             the
             better
             to
             effect
             it
             ,
             our
             Charter
             (
             the
             onely
             hedge
             which
             kept
             us
             from
             the
             Wild
             Beasts
             of
             the
             field
             )
             was
             both
             injuriously
             and
             illegally
             Condemned
             ,
             before
             it
             was
             possible
             for
             us
             to
             appear
             at
             Westminster
             in
             the
             legall
             Defence
             of
             it
             ,
             and
             without
             a
             faire
             Leave
             to
             Answer
             for
             our selves
          
        
         
           
             That
             by
             an
             illegall
             Commission
             we
             were
             put
             under
             a
             President
             and
             Councill
             ,
             which
             was
             soon
             superseded
             by
             another
             more
             Arbitrary
             and
             Absolute
             to
             Sr.
             
               Edmond
               Andros
            
             ,
             giving
             him
             Power
             ,
             by
             the
             Advice
             of
             his
             Councill
             ,
             to
             make
             Lawes
             and
             levy
             Taxes
             as
             he
             pleased
             ,
             to
             muster
             and
             imploy
             all
             persons
             resident
             in
             the
             Territory
             ,
             as
             Occasion
             should
             require
             ,
             and
             them
             to
             transfer
             to
             any
             English
             plantation
             .
          
        
         
           
             That
             severall
             Red-Coats
             were
             brought
             over
             ,
             to
             support
             what
             should
             be
             imposed
             upon
             us
             ,
             and
             more
             threatned
             .
          
        
         
           
             That
             Preferments
             were
             principally
             loaden
             on
             Strangers
             and
             Haters
             of
             the
             people
             .
          
        
         
           
             That
             we
             were
             Squeez'd
             and
             Oppress'd
             by
             a
             Crew
             of
             abject
             persons
             from
             New-York
             ,
             who
             took
             and
             extorted
             extraordinary
             and
             intolerable
             Fees.
             
          
        
         
           
             That
             it
             was
             impossible
             to
             know
             the
             Lawes
             that
             were
             made
             ,
             and
             yet
             dangerous
             to
             break
             them
             .
          
        
         
           
             That
             by
             some
             in
             open
             Councill
             ,
             and
             by
             the
             same
             in
             private
             Converse
             ,
             it
             was
             affirmed
             ,
             that
             the
             People
             in
             New-England
             were
             all
             Slaves
             ,
             and
             the
             onely
             Difference
             between
             them
             and
             Slaves
             ,
             was
             their
             not
             being
             bought
             and
             sould
             ;
             and
             that
             it
             was
             a
             Maxim
             delivered
             in
             Open
             Court
             ,
             by
             one
             of
             the
             Councill
             ,
             That
             we
             must
             not
             think
             the
             Priviledge
             of
             English
             men
             would
             follow
             us
             to
             the
             End
             of
             the
             World.
             
          
        
         
           
             That
             we
             were
             denied
             the
             priviledge
             of
             
               Magna
               Charta
            
             ,
             and
             that
             Persons
             who
             did
             but
             peaceably
             object
             against
             raising
             Taxes
             without
             an
             Assembly
             ,
             were
             for
             it
             severely
             fined
             .
          
        
         
           
             That
             Juries
             have
             been
             picked
             and
             pack'd
             ,
             and
             that
             some
             people
             have
             been
             fined
             without
             a
             Verdict
             ,
             yea
             without
             a
             Jury
             .
          
        
         
           
             That
             some
             People
             have
             been
             kept
             long
             in
             Prison
             ,
             without
             any
             Information
             against
             them
             ,
             or
             being
             Charged
             with
             any
             Misdemeanour
             ,
             or
             
               Habeas
               Corpus
            
             allowed
             .
          
        
         
           
             That
             Jury-men
             were
             fined
             and
             imprisoned
             ,
             for
             Refusing
             to
             lay
             their
             hand
             on
             the
             Booke
             ,
             as
             they
             came
             to
             be
             Sworn
             ,
             contrary
             to
             the
             Common
             
             Law
             of
             New-England
             .
          
        
         
           
             That
             there
             was
             a
             Discovery
             made
             of
             Flaws
             in
             the
             Titles
             of
             our
             Lands
             :
             and
             that
             the
             Governour
             denied
             that
             there
             was
             any
             such
             thing
             as
             a
             Towne
             among
             us
             .
          
        
         
           
             That
             
               Writts
               of
               Intrusion
            
             were
             issued
             out
             .
          
        
         
           
             That
             the
             Governour
             caused
             our
             Lands
             to
             be
             measur'd
             out
             for
             his
             Creatures
             ,
             and
             that
             the
             Right
             Owners
             for
             Pulling
             up
             the
             stakes
             have
             been
             grievously
             molested
             .
          
        
         
           
             That
             more
             than
             a
             few
             were
             by
             Terrours
             drawne
             to
             take
             Patents
             at
             excessive
             Rates
             .
          
        
         
           
             That
             the
             Forceing
             of
             the
             people
             at
             the
             East-ward
             thereto
             ,
             gave
             a
             Rise
             to
             the
             late
             unhappy
             Invasion
             by
             the
             Indians
             .
          
        
         
           
             That
             Blanke
             Patents
             were
             got
             ready
             ,
             to
             be
             sold
             at
             great
             prices
             ,
             and
             severall
             persons
             had
             their
             Commons
             begg'd
             .
          
        
         
           
             That
             the
             Governour
             and
             five
             or
             six
             of
             the
             Councill
             ,
             did
             what
             they
             would
             ,
             and
             that
             all
             such
             who
             were
             Lovers
             of
             their
             Countrey
             were
             seldome
             admitted
             .
          
        
         
           
             That
             all
             manner
             of
             Craft
             and
             Rage
             was
             used
             to
             hinder
             Mr.
             
             Mather's
             Voyage
             to
             England
             ,
             and
             to
             ruine
             his
             person
             .
          
        
         
           
             That
             allthough
             the
             King
             promised
             Mr.
             Mather
             a
             
               Magna
               Charta
            
             for
             Redresse
             of
             Grievances
             ,
             and
             that
             the
             Governour
             should
             be
             writ
             unto
             ,
             to
             forbeare
             those
             Measures
             that
             he
             was
             upon
             ;
             yet
             we
             were
             still
             injured
             in
             those
             very
             things
             which
             were
             Complained
             of
             .
          
        
         
           
             That
             our
             Ministers
             and
             Churches
             have
             been
             discountenanced
             .
          
        
         
           
             That
             we
             were
             imbriared
             in
             an
             Indian-Warre
             ,
             and
             that
             the
             Officers
             and
             Souldiers
             in
             the
             Army
             were
             under
             popish
             Commanders
             .
          
        
         
           
             That
             the
             rest
             of
             the
             English
             plantations
             ,
             being
             alarm'd
             with
             just
             Fears
             of
             the
             French
             ,
             who
             have
             treated
             the
             English
             with
             more
             than
             Turkish
             Cruelty
             ,
             could
             not
             but
             stirr
             us
             up
             to
             take
             care
             for
             our
             owne
             Preservation
             ,
             lest
             we
             should
             be
             delivered
             to
             the
             French
             ,
             before
             Orders
             could
             come
             from
             His
             Higness
             the
             Prince
             of
             Orange
             ,
             and
             the
             Parliament
             of
             England
             .
          
        
         
           
             That
             we
             have
             for
             our
             Example
             the
             Nobility
             ,
             Gentry
             and
             Commons
             of
             England
             ,
             and
             above
             all
             we
             esteeme
             it
             our
             Duty
             to
             God
             so
             to
             have
             done
             .
          
        
         
           Thus
           far
           have
           I
           traced
           the
           Declaration
           ,
           and
           do
           not
           know
           that
           any
           one
           thing
           materiall
           is
           omitted
           ,
           I
           shall
           now
           mention
           some
           other
           things
           which
           have
           occurr'd
           .
        
         
         
           'T
           was
           credibly
           reported
           ,
        
         
           
             That
             Boston
             and
             all
             the
             Inhabitants
             were
             to
             be
             destroyed
             ,
             and
             to
             that
             end
             the
             Mahawks
             were
             to
             be
             brought
             down
             .
          
        
         
           
             That
             there
             were
             severall
             Fire-workes
             prepared
             in
             the
             Fort
             ,
             and
             Vaults
             dugg
             under
             ground
             to
             blow
             up
             the
             Towne
             .
          
        
         
           
             That
             the
             Souldiers
             at
             the
             East-ward
             were
             all
             poisoned
             with
             Rumm
             .
          
        
         
           
             That
             there
             were
             Thirty
             sail
             of
             French
             Frigots
             upon
             the
             Coast
             .
             With
             severall
             other
             things
             which
             I
             cannot
             recollect
             .
          
        
         
           These
           are
           the
           principall
           Reasons
           alledged
           for
           our
           takeing
           up
           Arms
           :
           now
           the
           End
           can
           be
           no
           other
           than
           the
           Redresse
           of
           those
           evills
           complained
           of
           .
        
         
           
             The
             next
             thing
             then
             to
             be
             considered
             of
             is
             ,
          
           Whether
           all
           or
           any
           of
           the
           Reasons
           aforesaid
           ,
           are
           sufficient
           to
           justifie
           our
           Proceedings
           ,
           and
           Whether
           the
           proposed
           End
           can
           be
           attained
           by
           such
           Measures
           .
        
         
           First
           then
           ,
           That
           there
           was
           an
           horrid
           popish
           Plott
           ,
           is
           without
           doubt
           ,
           and
           if
           England
           at
           that
           time
           had
           fallen
           under
           the
           Yoak
           of
           Roman
           Tyranny
           and
           Thraldome
           ,
           t
           is
           as
           certainly
           true
           New-England
           must
           have
           undergone
           the
           same
           Fate
           :
           but
           that
           this
           should
           be
           used
           or
           introduced
           as
           a
           Reason
           or
           Argument
           for
           Vacating
           our
           Charter
           is
           beyond
           my
           conception
           ;
           for
           Fire
           and
           Sword
           were
           the
           designed
           instruments
           and
           ministers
           of
           their
           barbarous
           and
           hellish
           Contrivance
           :
           and
           if
           they
           had
           once
           prevailed
           ,
           how
           weak
           a
           Rampart
           would
           our
           Charter
           have
           been
           against
           so
           cruell
           and
           powerfull
           an
           Enemy
           ?
           Would
           a
           blood
           thirsty
           and
           conquering
           Papist
           have
           made
           Westminster-Hall
           the
           Arbiter
           ?
           Certainly
           ,
           No
           ;
           we
           must
           have
           received
           our
           Law
           from
           the
           mouth
           of
           the
           Cannon
           ,
           and
           our
           Hedge
           would
           have
           been
           
             broke
             downe
          
           with
           a
           great
           deal
           of
           ease
           .
           Is
           it
           reasonable
           to
           imagine
           ,
           that
           after
           they
           had
           waded
           through
           the
           blood
           of
           King
           and
           Nobles
           to
           their
           wished-for
           End
           in
           
             Old
             England
          
           ,
           they
           would
           make
           use
           of
           Politicks
           in
           
             New
             -
          
           ?
           And
           as
           preposterous
           and
           unreasonable
           to
           fancy
           ,
           That
           for
           that
           end
           our
           Charter
           was
           called
           in
           question
           ,
           especially
           when
           we
           consider
           that
           more
           than
           four
           Decads
           of
           years
           have
           allready
           past
           since
           the
           
             Crowne
             of
             England
          
           first
           thought
           it
           not
           fit
           for
           us
           to
           hold
           any
           longer
           ,
           and
           severall
           years
           after
           the
           
             popish
             Plot
          
           was
           discovered
           before
           the
           
             Scire
             facias
          
           issued
           out
           .
        
         
           2.
           
           That
           the
           Charter
           was
           injuriously
           and
           illegally
           Condemned
           ,
           without
           giveing
           us
           timely
           notice
           of
           it
           ,
           or
           allowing
           us
           to
           Answer
           for
           our selves
           ,
           might
           bear
           some
           weight
           with
           it
           ,
           if
           true
           :
           but
           it
           will
           appeare
           quite
           other
           wise
           ,
           and
           that
           we
           had
           opportunity
           enough
           to
           have
           made
           defence
           on
           behalfe
           of
           our
           Charter
           ,
           if
           we
           had
           so
           thought
           fit
           ,
           for
           severall
           years
           before
           the
           proceedings
           to
           the
           Condemnation
           thereof
           .
           Our
           late
           Soveraigne
           
           King
           Charles
           
             the
             Second
          
           ,
           by
           His
           Letters
           signified
           to
           us
           the
           many
           Complaints
           that
           were
           made
           to
           him
           of
           our
           Encroachments
           ,
           and
           ill-Administration
           of
           the
           Government
           ,
           and
           commanded
           that
           we
           should
           send
           over
           Agents
           sufficiently
           Authorized
           ,
           to
           Answer
           the
           same
           ,
           which
           we
           at
           length
           so
           far
           complyed
           with
           ,
           as
           to
           send
           Agents
           ,
           who
           when
           they
           were
           called
           to
           hear
           and
           Answer
           the
           said
           Complaints
           ,
           alwaies
           excused
           and
           avoided
           the
           principall
           parts
           thereof
           pretending
           they
           were
           not
           sufficiently
           impowered
           for
           that
           purpose
           ;
           and
           after
           ,
           other
           Agents
           fully
           impowered
           to
           Answer
           ,
           but
           not
           to
           submit
           or
           Conclude
           any
           thing
           :
           And
           when
           His
           Majesty
           was
           pleased
           to
           cause
           a
           Writt
           of
           
             Quo
             Warranto
          
           to
           be
           sued
           forth
           ,
           against
           our
           Charter
           ,
           and
           sent
           over
           with
           his
           Gracious
           Declaration
           ,
           and
           Proposals
           of
           such
           Regulations
           to
           be
           made
           therein
           ,
           as
           might
           be
           agreeable
           with
           His
           Majesties
           Service
           &
           the
           good
           &
           well-fare
           of
           his
           subjects
           here
           ,
           and
           required
           an
           entire
           Submission
           from
           us
           therein
           ;
           our
           
             Generall
             Court
          
           would
           not
           submit
           to
           ,
           or
           comply
           therewith
           ;
           onely
           a
           Letter
           was
           sent
           to
           the
           
             Right
             Honourable
          
           Sr.
           
             Lionell
             Jenkins
          
           ,
           then
           Secretary
           of
           State
           ,
           dated
           the
           10.
           of
           December
           1683
           ,
           Subscribed
           by
           the
           Governour
           &
           Eight
           of
           the
           Assistants
           onely
           ;
           wherein
           after
           the
           acknowledgement
           of
           their
           haveing
           had
           a
           Copy
           of
           the
           
             Quo
             Warranto
          
           and
           His
           Majesties
           Declaration
           ,
           they
           say
           that
           the
           major
           part
           of
           the
           Magistrates
           have
           for
           severall
           Weeks
           declared
           their
           Opinion
           ,
           and
           voted
           to
           lay
           themselves
           at
           His
           Majesties
           feet
           ,
           by
           an
           humble
           Submission
           and
           Resignation
           of
           themselves
           to
           His
           Majesties
           pleasure
           ;
           not
           being
           willing
           to
           Contend
           with
           His
           Majestie
           in
           a
           Course
           of
           Law
           ,
           but
           by
           the
           next
           Opportunity
           to
           dispatch
           their
           Agents
           fully
           impowered
           to
           make
           their
           submission
           according
           to
           His
           Majesties
           said
           Declaration
           ,
           but
           by
           no
           means
           can
           at
           present
           obtain
           the
           Consent
           of
           the
           Deputyes
           whereby
           to
           make
           it
           an
           Act
           of
           the
           Corporation
           ,
           and
           therefore
           have
           agreed
           with
           them
           to
           a
           power
           of
           Attourney-ship
           ,
           to
           save
           a
           Default
           ,
           in
           hopes
           that
           further
           time
           will
           prevail
           to
           dispatch
           their
           Agents
           accordingly
           ,
           and
           shall
           earnestly
           endeavour
           to
           give
           the
           people
           a
           better
           Understanding
           before
           the
           next
           Ships
           saile
           from
           hence
           :
        
         
           His
           Majesty
           by
           this
           finding
           that
           all
           the
           easie
           meanes
           He
           had
           used
           could
           not
           bring
           us
           to
           any
           Answer
           ,
           for
           the
           Crimes
           and
           Misdemeanours
           laid
           to
           our
           Charge
           ,
           nor
           produce
           any
           thing
           else
           but
           Bassles
           and
           Delayes
           ,
           gave
           Order
           to
           His
           Attourney
           Generall
           to
           sue
           out
           a
           Writ
           of
           
             Scire
             facias
          
           out
           of
           the
           High
           Court
           of
           Chancery
           ,
           against
           our
           Governour
           and
           Company
           ,
           which
           was
           accordingly
           done
           ,
           directed
           to
           the
           Sheriffs
           of
           London
           &c.
           and
           made
           returnable
           in
           
             Easter
             Terme
          
           ,
           in
           the
           36
           yeare
           of
           His
           Majesties
           Reigne
           ,
           wherein
           they
           were
           Required
           to
           make
           knowne
           to
           the
           said
           Governour
           &
           
           Company
           at
           London
           ,
           that
           they
           may
           appeare
           in
           His
           Majesties
           High
           Court
           of
           Chancery
           at
           Westminster
           ,
           on
           the
           day
           of
           the
           Returne
           thereof
           ,
           to
           shew
           cause
           wherefore
           the
           said
           Charter
           for
           the
           Reasons
           in
           the
           said
           Writt
           of
           
             Scire
             facias
          
           mentioned
           and
           contained
           ,
           should
           not
           be
           made
           void
           ,
           null
           ,
           and
           cancelled
           ,
           and
           the
           Liberties
           and
           priviledges
           thereby
           granted
           to
           the
           said
           
             Governour
             and
             Company
          
           be
           seized
           into
           the
           King's
           hands
           ;
           upon
           which
           Writt
           the
           said
           Governour
           and
           Company
           not
           appearing
           ,
           another
           Writt
           of
           
             Scire
             facias
          
           of
           the
           same
           Tenour
           issued
           forth
           ,
           Returnable
           in
           
             Trinity
             Terme
          
           then
           next
           following
           ,
           when
           the
           said
           Governour
           and
           Company
           appeared
           by
           their
           constituted
           Attourney
           and
           Councill
           ,
           but
           refused
           to
           plead
           to
           the
           said
           Writt
           ,
           onely
           moved
           for
           time
           to
           send
           hither
           ,
           which
           not
           being
           agreeable
           with
           the
           Rules
           and
           Practice
           of
           the
           Court
           in
           such
           Cases
           ,
           could
           not
           be
           allowed
           :
           But
           in
           favour
           to
           them
           a
           Rule
           was
           made
           ,
           that
           unless
           they
           pleaded
           by
           the
           first
           day
           of
           the
           then
           next
           Michaelmas-Terme
           ,
           Judgement
           should
           be
           entered
           by
           Default
           .
           And
           in
           that
           Terme
           for
           Default
           of
           pleading
           ,
           Judgement
           was
           enterd
           on
           His
           Majesties
           Behalfe
           ,
           and
           the
           said
           Charter
           adjudged
           to
           be
           void
           ,
           Null
           ,
           and
           Cancelled
           ,
           and
           that
           the
           Liberties
           and
           Priviledges
           of
           the
           said
           Governour
           and
           Company
           be
           Seized
           into
           the
           Kings
           hands
           ,
           which
           was
           accordingly
           done
           ,
           by
           the
           Exemplification
           of
           the
           said
           Judgement
           in
           the
           Reigne
           of
           King
           James
           the
           Second
           ,
           and
           by
           His
           Majesties
           Commission
           to
           a
           
             President
             and
             Councill
          
           to
           take
           the
           Government
           of
           this
           Countrey
           :
           All
           which
           proceedings
           are
           most
           just
           and
           and
           Legall
           ,
           according
           to
           the
           Rules
           and
           practice
           of
           the
           Law
           of
           England
           ,
           and
           agreeable
           with
           many
           Precedents
           of
           the
           like
           nature
           ,
           both
           Ancient
           and
           Moderne
           .
        
         
           Besides
           :
           All
           Companies
           ,
           Corporations
           ,
           or
           Bodies
           politick
           ,
           made
           or
           granted
           by
           Letters
           Patents
           or
           Charter
           from
           His
           Majesty
           ,
           for
           any
           parts
           or
           places
           beyond
           the
           Seas
           ,
           are
           by
           themselves
           or
           Agents
           ,
           to
           be
           
             always
             ready
          
           to
           answer
           
             His
             Majesty
          
           in
           any
           of
           his
           Courts
           at
           Westminster
           ,
           when
           He
           shall
           think
           sit
           to
           Order
           any
           Suite
           ,
           or
           Writt
           to
           be
           sued
           and
           prosecuted
           against
           them
           ;
           and
           are
           supposed
           to
           be
           Resident
           in
           or
           about
           London
           or
           Westminster
           for
           that
           purpose
           ,
           as
           the
           
             East-India
             ,
             Royall-Affrican
             ,
             Bermudas
          
           ,
           and
           
             Hudson-bay
             Companies
          
           are
           ,
           who
           have
           their
           Trade
           ,
           Factories
           ,
           Colonies
           and
           Plantations
           abroad
           in
           
             Asia
             ,
             Affrica
          
           ,
           and
           America
           :
           and
           in
           the
           like
           state
           and
           Condition
           ought
           the
           Company
           and
           Corporation
           of
           the
           
             Massathusetts
             Bay
          
           in
           New-England
           to
           be
           ,
           According
           to
           the
           Capacities
           given
           them
           by
           their
           Incorporation
           of
           
             Sueing
             and
             being
             sued
             ,
             Pleading
             &
             being
             Impleaded
          
           ;
           wherein
           if
           we
           have
           neglected
           our
           Duty
           ,
           as
           well
           as
           exceeded
           our
           Powers
           and
           Priviledges
           granted
           ,
           and
           would
           not
           put
           our selves
           
           into
           a
           Condition
           to
           be
           heard
           when
           we
           ought
           and
           might
           ,
           it
           is
           not
           His
           Majesty
           nor
           the
           Proceedings
           of
           His
           Courts
           that
           are
           to
           be
           blamed
           but
           our selves
           .
        
         
           3.
           
           That
           there
           was
           a
           Commission
           sent
           to
           the
           President
           ,
           and
           the
           successive
           one
           to
           Sr.
           
             Edmond
             Andross
          
           ,
           are
           both
           true
           ,
           but
           that
           they
           were
           illegall
           ,
           is
           a
           position
           a
           little
           too
           confidently
           asserted
           by
           the
           Penman
           ,
           who
           seems
           to
           be
           more
           a
           Clergy-man
           than
           a
           Lawyer
           ;
           but
           because
           the
           well
           clearing
           up
           of
           this
           point
           will
           be
           of
           great
           Service
           to
           the
           subsequent
           Discourse
           ,
           't
           will
           not
           be
           amiss
           that
           it
           be
           throughly
           considered
           .
           I
           shall
           therefore
           lay
           downe
           this
           as
           a
           certaine
           Maxime
           ,
           both
           consonant
           to
           Reason
           &
           the
           Lawes
           of
           the
           Land
           :
           That
           
             Those
             Kingdomes
             ,
             Principalities
             ,
             and
             Colonies
             which
             are
             of
             the
             Dominion
             of
             the
          
           Crowne
           of
           England
           ,
           
             and
             not
             of
             the
          
           Empire
           
             of
             the
          
           King
           of
           England
           ,
           
             are
             subject
             to
             such
             Lawes
             ,
             Ordinances
             and
             Forms
             of
             Government
             as
             the
          
           Crowne
           
             shall
             think
             fit
             to
             establish
          
           .
           That
           
             New-England
             and
             all
             the
             Plantations
             are
             subject
             to
             the
             Dominion
             of
             the
          
           Crowne
           of
           England
           ,
           
             and
             not
             to
             the
          
           Empire
           
             of
             the
          
           King
           of
           England
           :
           Therefore
           ,
           The
           Crowne
           of
           England
           
             may
             Rule
             and
             Governe
             them
             in
             such
             manner
             as
             it
             shall
             thinke
             most
             fit
             .
          
           For
           the
           proofe
           of
           which
           I
           shall
           instance
           Wales
           ,
           which
           was
           once
           a
           Kingdome
           or
           Territory
           governed
           by
           its
           owne
           Lawes
           ,
           but
           when
           it
           became
           of
           the
           Dominion
           of
           the
           Crowne
           of
           England
           ,
           either
           by
           Submission
           or
           Conquest
           ,
           it
           became
           subject
           also
           to
           such
           Lawes
           as
           King
           Edward
           the
           first
           (
           to
           whome
           they
           submitted
           )
           thought
           fit
           to
           impose
           :
           as
           may
           plainly
           appeare
           in
           the
           Preamble
           of
           the
           Statute
           of
           
             Rutland
             .
             Leges
             et
             Consuetudines
             ,
             partium
             illarum
             hactenus
             usitatas
             ,
             coram
             nobis
             et
             proceribus
             Regni
             Nostri
             fecimus
             recitari
             ,
             quibus
             diligenter
             auditis
             ,
             et
             plenius
             intellectis
             ,
             quasdam
             illarum
             de
             Consilio
             Procerum
             predictorum
             delevimus
             ,
             quasdam
             permissimus
             ,
             et
             quasdam
             correximus
             ,
             et
             etiam
             quasdam
             alias
             adjiciendas
             et
             faciendas
             decrevimus
             ,
             et
             eas
             de
             caetero
             in
             terris
             Nostris
             in
             partibus
             illis
             perpetua
             Firmitate
             ,
             teneri
             et
             observari
             volumus
             ,
             in
             forma
             subscripta
             .
          
           In
           English
           thus
           ,
           
             We
             have
             caused
             the
             Lawes
             and
             Customs
             of
             those
             parts
             hitherto
             used
             ,
             to
             be
             recited
             before
             Us
             and
             the
             Peers
             of
             Our
             Realme
             ,
             which
             being
             diligently
             heard
             &
             more
             fully
             understood
             ,
             some
             of
             them
             ,
             by
             the
             Advice
             of
             Our
             Peers
             aforesaid
             ,
             We
             have
             obliterated
             ,
             some
             We
             have
             allowed
             ,
             and
             some
             We
             have
             corrected
             ,
             and
             have
             also
             decreed
             that
             some
             others
             shall
             be
             made
             and
             added
             to
             them
             ;
             and
             We
             will
             ,
             that
             for
             the
             future
             they
             be
             holden
             &
             observed
             in
             Our
             Lands
             in
             those
             parts
             with
             perpetual
             firmnesse
             ,
             in
             manner
             herein
             after
             expressed
             .
             —
          
        
         
           Then
           follow
           the
           Ordinances
           appointing
           Writts
           originall
           and
           judiciall
           in
           many
           things
           varying
           from
           those
           of
           England
           ,
           and
           a
           particular
           
           manner
           of
           proceeding
           .
        
         
           And
           againe
           in
           the
           Close
           of
           the
           said
           Statute
           ,
           
             et
             ideo
             vobis
             mandamus
             quod
             permissa
             de
             caetero
             in
             omnibus
             observaetis
             ,
             ita
             tantum
             ,
             quod
             quotiescunque
             et
             quandocunque
             et
             ●bicunque
             Nobis
             placuerit
             ,
             possimus
             praedicta
             Statuta
             et
             eorum
             partes
             singulas
             declarare
             ,
             interpretari
             ,
             addere
             sive
             diminuere
             pro
             Nostrae
             Libi●o
             voluntatis
             prout
             securitati
             Nostrae
             ,
             et
             Terrae
             Nostrae
             viderimus
             expediri
             :
          
           
             And
             therefore
             We
             Command
             you
             that
             from
             hence
             foreward
             you
             observe
             the
             premises
             in
             all
             things
             so
             onely
             ,
             that
             as
             often
             ,
             whensoever
             and
             wheresoever
             We
             please
             ,
             we
             may
             declare
             ,
             interpret
             ,
             add
             to
             and
             diminish
             from
             the
             said
             Statutes
             and
             every
             part
             of
             them
             according
             to
             Our
             will
             and
             pleasure
             ,
             so
             as
             We
             shall
             see
             it
             expedient
             for
             the
             safety
             of
             Us
             and
             Our
             Land
             aforesaid
             .
          
        
         
           In
           the
           Next
           place
           I
           shall
           instance
           Ireland
           :
           That
           it
           is
           a
           Conquered
           Kingdome
           is
           not
           doubted
           ,
           
             [
             Co.
             Rep.
             fol.
          
           18.
           a.
           ]
           but
           admitted
           in
           Calvins
           Case
           ,
           and
           by
           an
           Act
           of
           the
           11
           th
           ,
           12
           th
           ,
           and
           13
           th
           ,
           of
           King
           James
           ,
           acknowledged
           in
           expresse
           words
           ,
           Viz.
           
             Whereas
             in
             former
             times
             the
          
           Conquest
           
             of
             this
             Realme
             by
             His
             Majesties
             most
             Royal
             Progenitors
             Kings
             of
          
           England
           ,
           &c.
           
        
         
           That
           by
           Virtue
           of
           the
           Conquest
           it
           became
           of
           the
           Dominion
           of
           the
           Crowne
           of
           England
           ,
           and
           subject
           to
           such
           Lawes
           as
           the
           Conquerour
           thought
           fit
           to
           impose
           ,
           untill
           afterwards
           by
           the
           Charters
           and
           Commands
           of
           H.
           the
           Second
           ,
           King
           John
           ,
           and
           H.
           the
           3.
           they
           were
           entituled
           to
           the
           Lawes
           &
           Franchises
           of
           England
           ;
           as
           by
           the
           said
           Charters
           ,
           Reference
           being
           thereunto
           had
           ,
           may
           more
           fully
           appeare
           .
           I
           shall
           onely
           instance
           two
           .
        
         
           The
           first
           is
           out
           of
           the
           close
           Rolls
           of
           
             H.
             the
          
           3.
           
           Wherein
           the
           King
           ,
           after
           Thanks
           given
           to
           
             G.
             de
             Mariscis
             ▪
          
           Justice
           of
           Ireland
           ,
           signifies
           ,
           That
           
             Himself
             and
             all
             other
             his
             Leiges
             of
          
           Ireland
           
             should
             enjoy
             the
             Liberties
             which
             he
             had
             granted
             to
             his
             Leiges
             of
          
           England
           ,
           
             and
             that
             he
             will
             grant
             &
             confirm
             the
             same
             unto
             them
             :
          
           [
           Claus
           .
           1.
           
           H.
           3.
           dorso
           14
           ]
           Which
           afterwards
           in
           the
           12
           th
           yeare
           of
           his
           Reigne
           he
           did
           :
           as
           followeth
           ,
           
             Rex
             dilecto
             et
             sideli
             suo
          
           Richardo
           de
           Burgo
           
             Justiciar●
             ;
             suo
          
           Hibern
           ▪
           ,
           
             Salutem
             :
             Mandavimus
             vobis
             firmiter
             precipientes
             ,
             quatenus
             certo
             die
             &
             loco
             faciatis
             venire
             coram
             vobis
             ,
             Archiepiscopos
             ,
             Episcopos
             ,
             Abbates
             ,
             Priores
             ,
             Cometes
             &
             Barones
             ,
             Milites
             &
             libere
             Tenentes
             ,
             et
             Balivos
             singulorum
             Comitatuum
             ,
             et
             coram
             eis
             publice
             legi
             faciatis
             Chartam
             Domini
          
           Johannis
           
             Regis
             ,
             Patris
             nostri
             ,
             cui
             Sigillum
             suum
             appensum
             est
             ,
             quam
             fieri
             fecit
             ,
             et
             jurari
             a
             Magnatibus
          
           Hiberniae
           
             de
             Legibus
             et
             Consuetudinibus
          
           Angliae
           
             observandis
             in
          
           Hibernia
           .
           
             Et
             precipiatis
             eis
             ex
             parte
             Nostra
             ,
             quod
             Leges
             illas
             &
             Consuetudines
             in
             Charta
             praedicta
             contentas
             ,
             de
             caetero
             firmiter
             teneant
             et
             observent
             .
          
           
             The
             King
             to
             His
             
             faithfull
             and
             beloved
             
               Richard
               de
               Burg
            
             Justice
             of
             Ireland
             Greeting
             ;
             We
             have
             Commanded
             you
             ,
             firmly
             injoining
             you
             ,
             that
             on
             a
             certain
             day
             and
             place
             ,
             you
             make
             to
             come
             before
             you
             ,
             the
             Archbishops
             ,
             Bishops
             ,
             Abbots
             ,
             Priors
             ,
             Earles
             ,
             Barons
             ,
             Knights
             ,
             &
             Free-Holders
             ,
             and
             the
             Baylifs
             of
             every
             County
             ,
             and
             before
             them
             you
             cause
             to
             be
             publickly
             read
             ,
             the
             Charter
             of
             the
             Lord
             King
             John
             our
             Father
             to
             which
             His
             Seal
             is
             affixed
             ,
             and
             which
             He
             caused
             to
             be
             made
             and
             sworne
             to
             by
             the
             Nobility
             of
             Ireland
             ,
             concerning
             the
             Lawes
             and
             Customs
             of
             England
             ,
             to
             be
             observed
             in
             Ireland
             .
             And
             command
             them
             on
             Our
             behalfe
             ,
             that
             for
             the
             future
             they
             firmly
             keep
             and
             observe
             those
             Laws
             and
             Customs
             conteined
             in
             the
             Charter
             aforesaid
             ,
          
        
         
           By
           all
           which
           it
           is
           evident
           that
           after
           the
           Conquest
           ,
           and
           before
           the
           recited
           Charters
           ,
           the
           Inhabitants
           there
           ,
           altho'
           composed
           of
           
             many
             free-borne
             English
             Subjects
             who
             settled
             themselves
             among
             them
             ,
          
           were
           neither
           govern'd
           by
           theire
           owne
           Laws
           ,
           nor
           the
           Laws
           of
           England
           ,
           but
           according
           to
           the
           good
           pleasure
           of
           the
           Conqueror
           :
           and
           if
           you
           will
           take
           the
           opinion
           of
           Sr.
           
             Edward
             Cooke
          
           in
           his
           Annotations
           on
           the
           
             Great
             Charter
          
           ,
           he
           tells
           you
           plainly
           That
           
             at
             the
             makeing
             thereof
             it
             did
             not
             extend
             to
          
           Ireland
           ,
           
             or
             any
             of
             the
             King
             's
          
           forreigne
           Dominions
           ,
           but
           after
           the
           making
           of
           Poynings
           Law
           ,
           which
           was
           in
           the
           11
           th
           yeare
           of
           H.
           the
           7
           th
           (
           long
           after
           the
           
             Great
             Charter
          
           )
           it
           did
           Extend
           to
           Ireland
           .
        
         
           
             I
             have
             onely
             one
             Instance
             more
             ,
             and
             that
             is
          
           the
           Vsage
           of
           forreigne
           Nations
           in
           theire
           Plantations
           and
           Settlements
           abroad
           .
        
         
           The
           Government
           of
           the
           
             Vnited
             Provinces
             &
             Denmarke
          
           are
           well
           knowne
           in
           Europe
           ,
           and
           yet
           in
           all
           theire
           Plantations
           ,
           their
           Governments
           are
           despoticall
           and
           absolute
           ;
           all
           the
           power
           is
           in
           the
           hands
           of
           a
           Governour
           &
           Councill
           ,
           and
           every
           thing
           is
           ordered
           and
           appointed
           by
           them
           ;
           as
           is
           well
           knowne
           to
           those
           that
           are
           acquainted
           with
           
             Batavia
             ,
             Surinam
             ,
             Curasao
             ,
             New-Yorke
          
           (
           when
           formerly
           in
           their
           hands
           )
           and
           the
           Island
           of
           St.
           Thomas
           .
        
         
           
             By
             which
             it
             is
             it
             evident
             that
          
           Those
           Kingdoms
           and
           Principalities
           which
           are
           of
           the
           Dominion
           of
           the
           Crowne
           of
           England
           ,
           are
           subject
           to
           such
           Laws
           ,
           Ordinances
           ,
           and
           Methods
           of
           Government
           ,
           as
           that
           Crowne
           shall
           think
           sit
           to
           establish
           .
        
         
           
             The
             next
             thing
             then
             to
             be
             proved
             is
             ,
          
           That
           New-England
           ,
           and
           all
           the
           English
           Colonies
           are
           subject
           to
           the
           Dominion
           of
           the
           Crowne
           of
           England
           ,
           as
           Wales
           and
           Ireland
           
             are
             ,
             and
             not
             to
             the
          
           Empire
           of
           the
           King
           of
           England
           ,
           as
           Scotland
           is
           ,
        
         
           'T
           is
           a
           Fundamentall
           Point
           consented
           unto
           by
           all
           Christian
           Nations
           ,
           that
           the
           First
           Discovery
           of
           a
           Countrey
           inhabited
           by
           Insidells
           ,
           gives
           a
           Right
           and
           Dominion
           of
           that
           Countrey
           to
           the
           Prince
           in
           whose
           Service
           and
           Employment
           
           the
           Discoverers
           were
           sent
           .
           Thus
           the
           Spaniard
           claimes
           the
           West-Indies
           ,
           the
           
             Portungals
             ,
             Brasile
          
           ,
           and
           thus
           the
           English
           these
           Northern
           parts
           of
           America
           ;
           for
           
             Sebastian
             Cabott
          
           imployed
           by
           King
           H.
           the
           7
           th
           .
           was
           the
           first
           Discoverer
           of
           these
           parts
           ,
           and
           in
           his
           name
           took
           possession
           ,
           which
           his
           Royall
           Successours
           have
           held
           and
           continued
           ever
           since
           ,
           therefore
           they
           are
           of
           the
           Dominion
           of
           the
           Crowne
           of
           England
           ,
           and
           as
           such
           they
           are
           accounted
           by
           that
           excellent
           Lawyer
           Sr.
           
             John
             Vaughan
          
           ,
           in
           his
           Reports
           
             [
             Vaugh.
             Rep.
             Craw
          
           versus
           
             Ramsey
             .
          
           ]
           which
           being
           granted
           ,
           the
           Conclusion
           must
           necessarily
           be
           good
           ,
           and
           it
           will
           follow
           ,
           That
           
             Englishmen
             permitted
             to
             be
             transported
             into
             the
             Plantations
             ,
          
           (
           for
           thither
           without
           the
           
             Kings
             Licence
          
           we
           cannot
           come
           )
           
             can
             pretend
             to
             no
             other
             Liberties
             ,
             Priviledes
          
           or
           Immunities
           there
           ,
           
             than
             anciently
             the
             subejcts
             of
          
           England
           
             who
             removed
             themselves
             into
          
           Ireland
           
             could
             have
             done
          
           :
           For
           't
           is
           from
           the
           Grace
           and
           Favour
           of
           the
           Crowne
           alone
           that
           all
           these
           flow
           and
           are
           dispensed
           at
           the
           pleasure
           of
           him
           that
           sits
           on
           the
           Throne
           :
           which
           is
           plaine
           in
           the
           
             Great
             Charter
          
           it-selfe
           ;
           where
           after
           the
           Liberties
           therein
           granted
           by
           the
           King
           it
           concludes
           thus
           ,
           —
           
             tenendas
             &
             habendas
             de
             Nobis
             &
             Haeredibus
             Nostris
             in
             perpetuum
             ,
          
           
             To
             HAVE
             and
             to
             HOLD
             of
             Us
             and
             Our
             Heires
             for
             ever
             ,
          
           which
           by
           the
           learned
           Sr.
           
             Edward
             Cooke
          
           is
           thus
           explained
           :
           
             These
             Words
          
           (
           saith
           he
           )
           
             are
             not
             inserted
             to
             make
             a
             legall
             Tenure
             of
             the
          
           King
           ,
           
             but
             to
             intimate
             that
             all
             Liberties
             at
             first
             were
             derived
             from
             the
          
           Crowne
           .
           
             [
             Instit
             .
             Pag.
          
           2.
           
           Fol.
           4.
           ]
           
             Barbadoes
             ,
             Jamaica
          
           ,
           the
           
             Leeward-Islands
             &
             Virginia
          
           have
           their
           Assemblies
           ,
           but
           ,
           it
           is
           not
           
             sui
             Juris
          
           ,
           't
           is
           from
           the
           Grace
           &
           Favour
           of
           the
           Crowne
           signified
           by
           
             Letters
             Patents
          
           under
           the
           broad
           Seale
           .
           But
           these
           Assemblies
           have
           not
           power
           to
           enforce
           any
           Act
           by
           them
           made
           above
           one
           year
           ;
           the
           King
           haveing
           in
           all
           the
           Consessions
           granted
           them
           ,
           reserved
           unto
           Himselfe
           ,
           the
           Annulling
           or
           Continuance
           of
           what
           Laws
           they
           make
           ,
           according
           to
           His
           pleasure
           .
        
         
           New-England
           had
           a
           Charter
           ,
           but
           no
           one
           will
           be
           so
           stupid
           to
           imagine
           that
           the
           King
           was
           bound
           to
           grant
           it
           us
           :
           Neither
           can
           we
           without
           impeaching
           the
           prudent
           Conduct
           and
           discretion
           of
           our
           Fore-Fathers
           ,
           so
           much
           as
           think
           ,
           they
           would
           put
           themselves
           to
           so
           vast
           an
           expence
           ,
           and
           unnecessary
           Trouble
           to
           Obtain
           that
           which
           as
           Englishmen
           ,
           they
           thought
           themselves
           to
           have
           a
           sufficient
           right
           to
           before
           :
           We
           owe
           it
           onely
           to
           the
           Grace
           and
           Favour
           of
           our
           Soveraigne
           ,
           and
           if
           we
           had
           made
           beter
           use
           of
           it
           to
           promote
           the
           Ends
           for
           which
           it
           was
           granted
           ,
           the
           weight
           of
           those
           Afflictions
           under
           which
           we
           now
           groan
           would
           not
           have
           laine
           so
           heavy
           upon
           us
           ,
           at
           least
           we
           should
           have
           less
           deserved
           them
           .
        
         
           Besides
           ,
           The
           
             Parliament
             of
             England
          
           have
           never
           by
           any
           Act
           of
           theirs
           
           favoured
           the
           Plantations
           ,
           or
           declared
           or
           enlarged
           their
           Priviledges
           ;
           but
           have
           all
           along
           plainly
           demonstrated
           that
           they
           were
           much
           differenced
           from
           England
           ,
           and
           not
           to
           have
           those
           Priviledges
           and
           Liberties
           which
           England
           enjoyed
           ;
           being
           in
           all
           Acts
           relateing
           to
           the
           Plantations
           ,
           Restrained
           and
           burthened
           beyond
           any
           in
           England
           ,
           as
           appears
           by
           the
           several
           Acts
           made
           for
           the
           Encreasing
           of
           Navigation
           and
           for
           Regulating
           and
           securing
           the
           Plantation
           Trade
           .
        
         
           I
           think
           I
           have
           both
           by
           good
           Authority
           ,
           Practice
           &
           Precedent
           ,
           made
           it
           plaine
           ,
           that
           the
           Plantations
           are
           of
           the
           Dominion
           of
           the
           Crown
           of
           England
           ,
           and
           without
           any
           Regard
           to
           
             Magna
             Charta
          
           ,
           may
           be
           Ruled
           and
           Governed
           ,
           by
           such
           wayes
           and
           methods
           ,
           as
           the
           Person
           who
           wears
           that
           Crowne
           ,
           for
           the
           good
           and
           advancement
           of
           those
           Settlements
           ,
           shall
           think
           most
           proper
           and
           convenient
           .
           Therefore
           ▪
           Neither
           the
           Commission
           to
           the
           President
           ,
           nor
           that
           to
           Sr.
           
             Edmond
             A●dros
          
           can
           be
           said
           to
           be
           illegall
           .
        
         
           Since
           then
           such
           an
           one
           might
           lawfully
           be
           granted
           ,
           we
           have
           grea●
           reason
           to
           commend
           the
           Moderation
           of
           the
           Gentleman
           ,
           who
           was
           entrusted
           with
           it
           ,
           and
           so
           returne
           thanks
           to
           Almighty
           God
           for
           placeing
           over
           us
           a
           person
           endued
           with
           that
           prudence
           &
           Integrity
           ,
           that
           he
           was
           so
           for
           from
           exceeding
           his
           Commission
           ,
           that
           he
           never
           put
           in
           execution
           the
           powers
           therein
           granted
           him
           .
           Have
           there
           been
           any
           Taxes
           laid
           upon
           us
           ,
           but
           such
           as
           were
           settled
           by
           Laws
           of
           our
           owne
           makeing
           ,
           any
           part
           whereof
           might
           be
           retained
           &
           in
           force
           after
           the
           Condemnation
           of
           our
           Charter
           that
           the
           King
           thought
           ●it
           .
           Who
           hath
           been
           Transferr'd
           out
           of
           this
           Territory
           ?
           Or
           did
           we
           ever
           pay
           fewer
           Rates
           than
           we
           have
           done
           under
           him
           ?
        
         
           And
           whereas
           it
           is
           also
           Alledged
           in
           the
           Declaration
           ,
           that
           
             there
             were
             Courses
             ▪
             taken
             to
             damp
             and
             spoile
             the
             Trade
             ,
          
           &c.
           the
           same
           is
           altogether
           Mistaken
           ,
           (
           unlesse
           by
           that
           is
           meant
           the
           irregular
           Trade
           ,
           used
           heretofore
           with
           Forreigners
           and
           Privateers
           ,
           contrary
           to
           the
           Acts
           of
           Navigation
           &
           the
           Laws
           of
           the
           Land
           )
           For
           the
           very
           considerable
           Advance
           of
           His
           Majesties
           Revenue
           ariseing
           by
           Customs
           ,
           doth
           sufficiently
           demonstrate
           that
           the
           lawfull
           Trade
           of
           this
           Territory
           ,
           was
           very
           much
           encreased
           under
           the
           Government
           of
           Sr.
           
             Edmond
             Andros
          
           .
        
         
           4.
           
           'T
           will
           be
           but
           time
           lost
           to
           say
           any
           thing
           of
           the
           Red-Coats
           ,
           for
           no
           man
           can
           be
           so
           void
           of
           Sence
           and
           Reason
           to
           think
           that
           so
           many
           Thousand
           men
           ,
           which
           at
           this
           day
           inhabit
           this
           Colony
           ,
           could
           be
           imposed
           upon
           by
           one
           hundred
           Red-Goats
           ,
           and
           if
           any
           body
           hath
           been
           so
           vain
           as
           to
           threaten
           us
           with
           more
           ,
           I
           look
           upon
           it
           an
           effect
           of
           Passion
           or
           Folly
           ;
           for
           Experience
           ,
           which
           certainly
           is
           the
           most
           convinceing
           Argument
           in
           the
           world
           ,
           tells
           us
           there
           is
           no
           such
           thing
           .
        
         
         
           and
           Haters
           of
           the
           People
           ,
           I
           must
           confesse
           ,
           I
           cannot
           easily
           comprehend
           ▪
           unless
           to
           inhabit
           fourteen
           or
           fifteen
           years
           within
           the
           Territory
           will
           make
           a
           man
           such
           .
           Is
           their
           any
           one
           Gentleman
           of
           the
           Councill
           ,
           that
           hath
           either
           been
           displaced
           or
           put
           into
           that
           station
           by
           the
           Authority
           here
           ?
           Which
           of
           our
           Judges
           are
           strangers
           ?
           Were
           not
           Three
           of
           them
           brought
           up
           amongst
           us
           and
           of
           our
           owne
           Communion
           ?
           and
           was
           not
           the
           other
           in
           the
           same
           Imployment
           in
           some
           part
           of
           this
           Territority
           at
           the
           time
           of
           the
           Annexation
           ?
           From
           whome
           had
           the
           Secretary
           and
           Collector
           his
           Commission
           ?
           certainly
           from
           no
           body
           here
           .
           Did
           the
           Alteration
           of
           the
           Government
           change
           our
           Treasurer
           ?
           Is
           it
           not
           the
           same
           Sr.
           Edmond
           found
           here
           ?
           Is
           he
           not
           a
           man
           of
           estate
           ,
           good
           Credit
           and
           Reputation
           ,
           and
           one
           of
           our
           owne
           Countrey
           men
           ?
           Were
           not
           all
           Officers
           in
           the
           Government
           ,
           as
           well
           Magisteriall
           as
           Ministeriall
           ,
           naturall
           borne
           English-men
           ,
           &
           Subjects
           to
           the
           Crowne
           of
           England
           ?
           How
           then
           are
           Strangers
           &
           Haters
           of
           the
           people
           preferr'd
           ,
           when
           there
           is
           not
           one
           that
           can
           reasonably
           and
           justly
           be
           so
           term'd
           in
           any
           place
           of
           Trust
           or
           Office
           throughout
           the
           Dominion
           ?
        
         
           6.
           
           Who
           are
           mean't
           by
           abject
           persons
           from
           New-Yorke
           ,
           wants
           an
           Explanation
           :
           for
           none
           of
           the
           Gentlemen
           that
           came
           from
           thence
           now
           in
           any
           Authority
           ,
           but
           are
           well
           knowne
           to
           have
           liv'd
           there
           for
           a
           long
           time
           in
           esteem
           and
           Reputation
           enough
           to
           merit
           a
           better
           Epethite
           of
           all
           good
           and
           honest
           men
           ;
           and
           I
           believe
           it
           will
           one
           day
           appear
           ,
           that
           their
           faithfull
           Discharge
           of
           their
           Dutyes
           ,
           their
           Constancy
           and
           Steadiness
           to
           the
           
             Church
             of
             England
          
           ,
           and
           unshaken
           Loyalty
           &
           Fidelity
           to
           the
           Crowne
           was
           their
           greatest
           Crime
           .
        
         
           I
           am
           not
           well
           acquainted
           what
           Fees
           were
           taken
           ,
           but
           this
           I
           knowe
           ,
           that
           a
           Committee
           of
           the
           Councill
           were
           appointed
           to
           make
           a
           Settlement
           of
           Fees
           ,
           for
           all
           Officers
           throughout
           the
           Government
           ,
           which
           was
           effected
           ,
           approved
           of
           ,
           and
           sent
           to
           England
           ,
           and
           if
           any
           one
           have
           exceeded
           those
           Limits
           they
           deserve
           to
           be
           called
           to
           Account
           :
           but
           it
           ought
           to
           be
           in
           a
           due
           Course
           of
           Law.
           For
           the
           personal
           Miscarriages
           of
           a
           ministeriall
           Officer
           ,
           are
           no
           sufficient
           Warrant
           for
           an
           Insurrection
           ;
           neither
           ought
           the
           Whole
           Government
           to
           be
           subverted
           because
           Tom
           ,
           or
           Harry
           are
           ill
           men
           .
           The
           Authority
           can
           but
           provide
           good
           and
           wholsome
           Lawes
           ,
           for
           the
           Punishment
           of
           evill
           Doers
           ,
           and
           cause
           those
           Lawes
           to
           be
           put
           in
           Execution
           against
           Offenders
           ;
           but
           if
           any
           one
           doth
           me
           a
           personall
           Wrong
           ,
           for
           which
           ▪
           I
           have
           a
           Remedy
           by
           Law
           ,
           and
           I
           will
           not
           take
           it
           ,
           I
           ought
           not
           to
           quarrell
           with
           the
           Government
           ,
           for
           t
           is
           my
           own
           ▪
           Fault
           ,
           and
           I
           might
           have
           Redresse
           if
           I
           would
           .
           Personall
           Orimes
           must
           be
           censured
           personally
           :
           
           and
           a
           Government
           ought
           no
           more
           to
           be
           scandalized
           and
           aspersed
           ,
           because
           an
           Extortioner
           is
           in
           it
           ,
           than
           because
           there
           is
           a
           Felon
           or
           a
           Traitor
           .
        
         
           7.
           
           I
           need
           not
           tell
           you
           that
           the
           Statute
           Lawes
           of
           England
           are
           printed
           at
           large
           ,
           and
           that
           many
           Abridgements
           of
           them
           are
           so
           Likewise
           ,
           and
           easie
           enough
           to
           be
           procured
           ,
           neither
           can
           it
           be
           but
           very
           well
           knowne
           that
           all
           the
           Acts
           of
           the
           Governour
           and
           Councill
           were
           solemnly
           publish'd
           with
           Sound
           of
           Trumpet
           as
           soon
           as
           made
           ,
           and
           authentic
           Copies
           afterwards
           transmitted
           to
           the
           Clerks
           of
           each
           respective
           county
           throughout
           the
           Territory
           :
           why
           then
           it
           should
           be
           said
           ,
           that
           
             It
             was
             impossible
             to
             know
             the
             Laws
             ,
          
           I
           see
           no
           reason
           ,
           unless
           by
           it
           is
           meant
           the
           
             Common
             Law
          
           ,
           and
           if
           so
           ,
           we
           may
           as
           well
           quarrell
           because
           we
           do
           not
           understand
           Euclide
           ,
           or
           Aristotle
           ;
           For
           the
           Knowledge
           of
           the
           Law
           cannot
           be
           attained
           without
           great
           Industry
           Study
           and
           Experience
           ,
           and
           every
           capacity
           is
           not
           fitted
           for
           such
           an
           Undertaking
           .
           
             Ex
             quovis
             Ligno
             non
             fit
             Mercurius
             .
          
           If
           this
           was
           a
           Grievance
           ,
           what
           a
           miserable
           Condition
           are
           we
           in
           now
           ,
           that
           instead
           of
           not
           knowing
           the
           Law
           ,
           there
           is
           no
           Law
           for
           us
           to
           know
           .
        
         
           8.
           
           What
           rash
           or
           indiscreet
           Expressions
           may
           fall
           from
           any
           single
           person
           of
           the
           Councill
           ,
           either
           in
           his
           private
           or
           politick
           Capacity
           ,
           I
           will
           not
           undertake
           to
           justifie
           ;
           all
           men
           are
           not
           endued
           with
           Qualifications
           alike
           ,
           every
           one
           in
           that
           station
           ought
           to
           give
           his
           Opinion
           ,
           as
           he
           himselfe
           understands
           the
           matter
           ;
           and
           if
           any
           one
           have
           unadvisedly
           uttered
           words
           so
           disagreeable
           ,
           I
           know
           no
           body
           injured
           by
           it
           ,
           neither
           can
           the
           Government
           be
           justly
           censured
           for
           it
           .
        
         
           9.
           
           That
           the
           Priviledges
           of
           
             Magna
             Charta
          
           ,
           &
           other
           
             liberties
             of
             English
             men
          
           were
           denied
           us
           ,
           is
           a
           thing
           which
           can
           never
           be
           made
           appear
           ,
           however
           admitting
           it
           ,
           I
           have
           sufficiently
           discussed
           that
           point
           in
           the
           third
           Article
           .
        
         
           10.
           
           By
           the
           persons
           said
           to
           be
           severely
           sined
           ,
           for
           peaceble
           objecting
           against
           raising
           of
           Taxes
           ,
           without
           an
           Assembly
           ,
           I
           conjecture
           are
           meant
           the
           Ipswich
           men
           ,
           who
           were
           so
           far
           from
           a
           peaceable
           objecting
           ,
           that
           they
           assembled
           themselves
           in
           a
           
             riotous
             manner
          
           ,
           and
           by
           an
           Instrument
           conceived
           in
           Writing
           ,
           did
           associate
           and
           oblige
           themselves
           to
           stand
           by
           each
           other
           in
           opposition
           to
           the
           Laws
           of
           the
           Government
           ,
           and
           by
           their
           Example
           influenced
           their
           Neighbours
           to
           do
           the
           like
           .
           And
           this
           by
           the
           Law
           is
           esteem'd
           an
           offence
           of
           that
           Nature
           ,
           That
           it
           is
           next
           door
           to
           Rebellion
           ,
           for
           which
           they
           were
           Indicted
           ,
           Tryed
           ,
           and
           Convicted
           ,
           either
           by
           Verdict
           or
           their
           owne
           Confession
           ▪
        
         
           11.
           
           I
           cannot
           justifie
           that
           Sheriffe
           who
           doth
           either
           pick
           or
           pack
           a
           Jury
           ,
           t
           is
           both
           repugnant
           to
           the
           Law
           and
           his
           Oath
           ,
           and
           he
           deserves
           no
           Favour
           that
           can
           be
           guilty
           of
           such
           a
           Crime
           ,
           but
           let
           him
           first
           be
           known
           ,
           &
           
           the
           thing
           proved
           ,
           for
           I
           do
           not
           Remember
           any
           one
           that
           hath
           been
           Convicted
           ,
           nor
           so
           much
           as
           accused
           for
           such
           an
           Offence
           .
        
         
           12.
           
           Judgement
           upon
           Deumrrers
           and
           Defaults
           are
           so
           practicable
           and
           warrantable
           by
           the
           Law
           ,
           that
           nothing
           can
           excuse
           the
           Enumerating
           them
           amongst
           the
           Grieviances
           in
           the
           Declaration
           but
           the
           Penman's
           want
           of
           Knowledge
           in
           that
           Profession
           .
           T
           is
           a
           Maxim
           ,
           
             Volenti
             non
             fit
             Injuria
          
           ,
           and
           when
           both
           Plaintiffe
           and
           Defendant
           do
           by
           a
           joint
           Consent
           submit
           to
           the
           Determination
           of
           the
           Court
           ,
           or
           by
           their
           owne
           Negligence
           make
           Default
           ;
           who
           hath
           the
           Wrong
           ?
           Where
           is
           the
           injury
           ?
           This
           hath
           been
           a
           Practice
           so
           frequently
           used
           in
           our
           
             former
             Government
          
           ,
           that
           no
           body
           can
           be
           ignorant
           of
           it
           .
        
         
           13
           That
           any
           one
           hath
           been
           long
           imprisoned
           ,
           without
           being
           charged
           with
           Crime
           or
           Misdemeanour
           ,
           is
           an
           Allegation
           which
           I
           dare
           be
           bold
           to
           say
           can
           never
           be
           proved
           .
           I
           have
           heard
           an
           
             Habeas
             Corpus
          
           was
           in
           one
           particular
           case
           denied
           ,
           I
           will
           not
           enquire
           into
           the
           reasons
           of
           it
           ,
           nor
           pretend
           to
           justifie
           it
           ,
           although
           much
           may
           be
           said
           in
           that
           matter
           ;
           Admitting
           the
           Fact
           ,
           't
           was
           but
           a
           personall
           injury
           ,
           for
           which
           the
           Law
           gave
           an
           effectuall
           Remedy
           ,
           and
           if
           the
           party
           grieved
           would
           not
           make
           use
           of
           such
           ,
           must
           the
           Government
           be
           in
           fault
           ?
           If
           we
           do
           but
           consider
           well
           
             how
             many
             persons
             are
             now
             under
             farr
             worse
             Circumstances
             ,
          
           I
           am
           sure
           we
           cannot
           but
           blush
           when
           we
           read
           that
           part
           of
           the
           Declaration
           .
        
         
           14.
           
           That
           Jury
           men
           were
           fined
           and
           imprisoned
           for
           Refuseing
           to
           lay
           their
           hands
           on
           the
           Book
           ,
           I
           presume
           is
           a
           mistake
           ,
           probably
           they
           may
           have
           been
           fined
           for
           their
           Contempt
           ,
           and
           sent
           to
           Prison
           for
           not
           paying
           that
           fine
           ,
           which
           by
           the
           Law
           may
           be
           justified
           ;
           for
           every
           Court
           may
           fine
           any
           man
           for
           a
           Contempt
           in
           open
           Court
           ,
           and
           they
           themselves
           are
           Judges
           of
           the
           Contempt
           .
        
         
           Whether
           it
           be
           a
           forceing
           of
           Conscience
           or
           not
           ,
           I
           shall
           leave
           to
           the
           Casuists
           ,
           but
           I
           am
           very
           well-satisfied
           
             it
             is
             not
             comprehended
             within
             the
             late
             Indulgence
             ,
          
        
         
           Yet
           admit
           it
           were
           ,
           the
           Judges
           are
           sworn
           to
           do
           their
           duties
           in
           their
           office
           according
           to
           the
           Lawes
           of
           the
           Land
           ,
           
             Prescription
             is
             a
             good
             &
             sufficient
             Law
             ,
          
           the
           form
           of
           Laying
           the
           hand
           on
           the
           Booke
           hath
           been
           the
           onely
           modus
           of
           Swearing
           ,
           Time
           out
           of
           mind
           ;
           Therefore
           the
           Laying
           the
           hand
           on
           the
           Booke
           in
           Swearing
           is
           a
           good
           Law
           ,
           and
           the
           Judges
           cannot
           dispense
           with
           it
           
             salvo
             Sacramento
          
           ,
           if
           they
           did
           ,
           a
           Judgement
           in
           such
           a
           Case
           would
           be
           erroneous
           &
           reversable
           :
           and
           
             'T
             is
             dangerous
             to
             admit
             of
             Innovations
             ,
          
        
         
           The
           Common
           Law
           of
           New-England
           is
           brought
           in
           to
           warrant
           the
           
             Lifting
             up
          
           the
           hand
           ;
           but
           I
           take
           that
           to
           be
           the
           
             Rara
             avis
             in
             terris
          
           ,
           for
           I
           
           challenge
           the
           whole
           Territory
           to
           produce
           one
           Precedent
           of
           such
           a
           resolved
           Case
           :
           but
           perhaps
           by
           it
           Prescription
           is
           intended
           ,
           if
           it
           be
           ,
           that
           will
           as
           illy
           serve
           the
           turn
           as
           the
           other
           ;
           for
           the
           Colony
           hath
           not
           been
           long
           enough
           settled
           to
           claim
           any
           Advantage
           by
           that
           Right
           ,
           or
           if
           it
           had
           ,
           could
           it
           be
           admitted
           without
           apparent
           Violation
           of
           our
           Charter
           ,
           being
           absolutely
           repugnant
           to
           the
           Lawes
           of
           England
           .
        
         
           15.
           
           Fully
           to
           discuss
           the
           question
           concerning
           the
           Titles
           of
           our
           Lands
           ,
           would
           be
           a
           Subject
           to
           copious
           for
           this
           present
           designe
           ,
           Therefore
           I
           shall
           onely
           glance
           at
           it
           as
           I
           pass
           by
           ,
           being
           Resolved
           ,
           when
           time
           shall
           serve
           to
           declare
           my
           opinion
           more
           amply
           on
           that
           Subject
           ;
           in
           the
           mean
           time
           let
           every
           considering
           man
           examine
           well
           our
           Charter
           ,
           which
           is
           the
           very
           Basis
           of
           all
           our
           Rights
           ,
           (
           unless
           we
           will
           set
           up
           a
           power
           above
           the
           Kings
           )
           and
           then
           let
           him
           tell
           me
           in
           whome
           the
           Fee
           Simple
           of
           that
           Tract
           of
           Land
           betwixt
           
             Charles
             River
             &
             Mirrimack
          
           remaines
           :
           if
           in
           the
           Grantees
           or
           
             their
             Heires
          
           ,
           how
           do
           we
           derive
           our
           Titles
           from
           them
           ?
           If
           in
           the
           
             Governour
             and
             Company
             of
             the
             Massathusets
             Bay
             ,
          
           we
           must
           enquire
           whether
           pursuant
           to
           the
           Directions
           and
           powers
           to
           them
           granted
           ,
           it
           is
           by
           good
           &
           sufficient
           Conveyances
           in
           the
           Law
           derived
           unto
           us
           ,
           if
           we
           find
           it
           so
           ,
           we
           must
           not
           be
           disturbed
           with
           Fears
           and
           Jealousies
           ,
           for
           nothing
           can
           hurt
           us
           :
           if
           not
           ,
           we
           are
           infinitely
           obliged
           to
           those
           persons
           who
           have
           made
           us
           sensible
           of
           our
           Weakenesses
           ,
           in
           a
           time
           when
           by
           
             His
             Majesties
             Letters
             Patents
          
           the
           Governour
           was
           impowered
           to
           supply
           all
           such
           defects
           ,
           and
           not
           upon
           Terms
           either
           excessive
           or
           unreasonable
           ,
           but
           upon
           such
           as
           were
           both
           easie
           &
           moderate
           ,
           which
           will
           plainly
           appear
           to
           any
           man
           who
           will
           but
           give
           himself
           the
           trouble
           to
           peruse
           the
           Table
           of
           Fees
           ,
           settled
           and
           allowed
           by
           the
           Councill
           .
           Yet
           still
           every
           man
           was
           at
           his
           own
           Liberty
           to
           take
           a
           
             Patent
             of
             Confirmation
          
           or
           to
           let
           it
           alone
           ,
           which
           is
           Apparent
           enough
           by
           the
           many
           Petitions
           now
           lying
           in
           the
           Secretaries
           Office
           ,
           which
           although
           his
           Excellency
           was
           alwayes
           ready
           (
           so
           far
           as
           in
           him
           lay
           )
           to
           Grant
           ,
           yet
           the
           more
           necessitous
           Affairs
           of
           the
           Government
           ,
           which
           both
           he
           and
           all
           about
           him
           ever
           preferr'd
           to
           theire
           private
           Advantage
           ,
           took
           up
           so
           much
           of
           his
           time
           ,
           that
           not
           above
           Twenty
           ever
           past
           the
           seale
           ,
           and
           I
           am
           very
           well
           assured
           ,
           that
           not
           one
           Example
           can
           be
           produced
           that
           the
           least
           compulsion
           was
           ever
           used
           in
           this
           Case
           to
           any
           man
           living
           within
           this
           Dominion
           .
        
         
           16.
           
           That
           
             Writts
             of
             Intrusion
          
           were
           issued
           out
           ,
           is
           doubtlesse
           true
           ,
           and
           the
           Government
           would
           have
           justly
           merited
           a
           severe
           Censure
           ,
           if
           all
           Waies
           should
           have
           been
           free
           &
           open
           for
           the
           Subject
           to
           attaine
           his
           Right
           ,
           and
           none
           left
           for
           the
           King.
           We
           should
           think
           our selves
           highly
           injured
           to
           
           be
           refused
           a
           Capias
           or
           any
           other
           Common
           Writt
           ,
           and
           I
           'm
           sure
           the
           other
           is
           as
           peremptory
           a
           one
           in
           the
           Kings
           Case
           ,
           and
           had
           the
           Pen
           ▪
           man
           been
           never
           so
           little
           acquainted
           with
           the
           
             Natura
             Brevium
          
           ,
           or
           the
           Register
           ,
           he
           would
           have
           been
           ashamed
           to
           have
           stuffed
           up
           the
           Declaration
           with
           such
           matter
           which
           can
           be
           of
           no
           other
           service
           ,
           than
           to
           amuse
           &
           deceive
           ignorant
           people
           ▪
           have
           their
           been
           any
           Writts
           of
           this
           kind
           dureing
           Sr.
           Edmond
           ▪
           s
           Administration
           ,
           taken
           out
           against
           either
           poor
           or
           ignorant
           persons
           that
           had
           neither
           purses
           nor
           brains
           to
           defend
           themselves
           :
           hath
           it
           not
           been
           against
           such
           as
           both
           for
           their
           Estates
           and
           Capacities
           ,
           are
           sufficiently
           known
           to
           be
           eminent
           ?
           And
           the
           business
           of
           Deer-island
           was
           brought
           on
           for
           no
           other
           Intent
           than
           that
           Right
           might
           be
           done
           to
           the
           King
           here
           ,
           and
           that
           the
           party
           ,
           if
           agrieved
           ,
           might
           in
           a
           Regular
           way
           have
           brought
           it
           to
           the
           Councill
           board
           in
           England
           ,
           for
           their
           determination
           :
           and
           I
           think
           if
           this
           matter
           were
           rightly
           understood
           ,
           it
           would
           be
           of
           excellent
           Service
           to
           the
           Countrey
           ,
           for
           such
           a
           Judgement
           would
           sufficiently
           instruct
           us
           what
           we
           have
           to
           trust
           to
           ;
        
         
           17.
           
           If
           the
           Governour
           did
           say
           ,
           there
           was
           no
           such
           thing
           amongst
           us
           as
           a
           Towne
           ,
           what
           can
           be
           inferred
           from
           thence
           ?
           T
           is
           not
           to
           be
           presumed
           but
           his
           discourse
           tended
           onely
           to
           a
           Body
           Corporate
           and
           politick
           ,
           for
           we
           generally
           call
           that
           a
           Towne
           in
           America
           ,
           where
           a
           number
           of
           people
           have
           seated
           themselves
           together
           :
           yet
           it
           s
           very
           well
           known
           ,
           t
           is
           so
           in
           name
           onely
           not
           in
           fact
           :
           I
           take
           that
           Body
           of
           People
           to
           be
           a
           Towne
           ,
           properly
           so
           called
           ,
           who
           by
           some
           Act
           of
           Law
           have
           been
           Incorporated
           ,
           and
           in
           that
           sence
           there
           is
           no
           such
           thing
           as
           a
           Towne
           in
           the
           Massachusetts
           ,
           neither
           was
           there
           a
           power
           to
           make
           such
           before
           his
           Excellencies
           Arrivall
           .
           For
           
             One
             Corporation
             cannot
             make
             another
          
           .
           [
           the
           case
           of
           
             Suttons
             Hospital
          
           .
           Co
           Rep.
           ]
        
         
           18.
           
           I
           am
           totally
           ignorant
           what
           is
           meant
           by
           
             Blank
             Patents
          
           ,
           for
           t
           is
           the
           first
           time
           I
           ever
           heard
           of
           such
           a
           thing
           ;
           neither
           indeed
           can
           such
           a
           thing
           be
           .
           For
           he
           that
           takes
           a
           Patent
           for
           his
           Land
           ,
           doth
           it
           in
           such
           a
           Form
           as
           best
           pleaseth
           himself
           ,
           or
           as
           he
           shall
           be
           advised
           to
           by
           his
           Councill
           ,
           and
           how
           any
           man
           living
           can
           so
           far
           know
           my
           mind
           ,
           to
           prepare
           such
           an
           Instrument
           for
           me
           ,
           I
           leave
           the
           world
           to
           judge
           .
        
         
           This
           Notion
           did
           arise
           from
           one
           Roll
           of
           Parchment
           onely
           ,
           brought
           over
           by
           Capt.
           Tanner
           ,
           and
           if
           we
           do
           but
           consider
           ,
           that
           all
           Law
           process
           was
           then
           in
           Parchment
           ,
           it
           would
           serve
           but
           a
           little
           while
           for
           that
           use
           ;
           for
           it
           contains
           not
           above
           sixty
           sheets
           .
        
         
           I
           am
           likewise
           gropeing
           in
           the
           darke
           ,
           to
           finde
           out
           how
           the
           Forceing
           of
           the
           people
           at
           the
           Eastward
           to
           take
           Patents
           (
           although
           I
           know
           of
           no
           such
           thing
           done
           )
           gave
           a
           Rise
           to
           the
           late
           unhappy
           Invasion
           by
           the
           Indians
           ,
           
           unless
           by
           that
           meames
           ,
           they
           were
           deprived
           of
           those
           Quit-Rents
           and
           and
           Acknowledgements
           ,
           which
           by
           a
           base
           &
           dishonourable
           Agreement
           the
           people
           of
           those
           parts
           some
           time
           since
           submitted
           to
           pay
           them
           ,
           as
           their
           
             Lords
             and
             Masters
          
           .
        
         
           19.
           
           That
           our
           Commons
           might
           be
           begg'd
           ,
           is
           not
           very
           strange
           ,
           but
           that
           the
           Governour
           must
           be
           criminall
           because
           such
           a
           thing
           is
           asked
           of
           him
           ,
           is
           the
           most
           wonderfull
           thing
           in
           the
           world
           .
           To
           whome
           have
           they
           been
           granted
           ,
           or
           for
           which
           of
           his
           creatures
           have
           they
           been
           measured
           out
           ?
           If
           Lieut
           '
           Col
           '
           Lidge●
           be
           instanced
           ,
           how
           came
           he
           to
           be
           the
           Governour
           's
           Creature
           ,
           that
           hath
           so
           long
           liv'd
           among
           us
           in
           Reputation
           equall
           to
           the
           best
           of
           us
           ,
           and
           whose
           Fortunes
           were
           not
           so
           narrow
           that
           he
           needed
           a
           dependancy
           upon
           any
           body
           ,
           and
           estate
           &
           interest
           in
           
             Charles-town
             Lands
          
           equalled
           if
           not
           exceeded
           any
           man's
           there
           ,
           so
           his
           Right
           to
           the
           Grant
           ought
           to
           be
           preferr'd
           .
        
         
           If
           Clarks-Island
           ,
           (
           granted
           to
           Mr.
           Clarke
           of
           Plimouth
           )
           I
           must
           tell
           you
           't
           is
           not
           within
           the
           
             Plimouth
             Patent
          
           ,
           and
           therefore
           grantable
           at
           the
           pleasure
           of
           the
           King
           ,
           which
           was
           the
           Opinion
           of
           the
           Councill
           in
           that
           Case
           ,
           and
           neither
           of
           the
           before-mentioned
           Grants
           ,
           nor
           indeed
           any
           other
           ,
           did
           ever
           pass
           without
           
             their
             Approbation
             and
             consent
          
           ;
           and
           this
           is
           all
           that
           I
           know
           of
           that
           can
           be
           objected
           .
        
         
           20.
           
           What
           an
           Age
           do
           we
           live
           in
           now
           ,
           and
           how
           wonderful
           a
           thing
           is
           it
           ,
           that
           it
           should
           be
           counted
           a
           Crime
           in
           a
           land
           
             so
             well
             govern'd
             as
             once
          
           New-England
           was
           after
           a
           legall
           Tryal
           &
           Conviction
           ,
           to
           punish
           &
           fine
           men
           for
           a
           Riot
           and
           the
           Contempt
           of
           Authority
           ,
           in
           the
           highest
           Nature
           imaginable
           ?
           For
           what
           less
           was
           it
           for
           the
           Number
           of
           three
           or
           more
           to
           meet
           together
           ,
           throw
           downe
           &
           remove
           the
           Land
           ▪
           marks
           sett
           up
           by
           the
           Surveyor
           Generall
           thereunto
           Authorized
           by
           the
           Governours
           Warrant
           ?
           And
           thus
           is
           the
           Case
           and
           no
           otherwise
           .
        
         
           21.
           
           That
           any
           of
           the
           Councill
           were
           ever
           denied
           Admittance
           to
           that
           Board
           ▪
           is
           a
           thing
           so
           appar●●tly
           false
           ,
           that
           I
           'm
           sure
           not
           a
           man
           amongst
           them
           but
           must
           justify
           the
           Governour
           in
           that
           point
           ;
           who
           was
           alwaies
           so
           far
           from
           such
           a
           method
           ,
           that
           altho
           there
           was
           a
           certain
           day
           appointed
           ed
           for
           their
           Meeting
           every
           week
           ,
           
             well
             k●●w●e
             to
             them
             all
          
           ,
           yet
           it
           was
           a
           frequent
           thing
           for
           him
           ,
           to
           send
           on
           purpose
           to
           Salem
           ,
           and
           other
           Neighbouring
           parts
           ,
           for
           the
           Gentlemen
           that
           lived
           there
           :
           and
           I
           have
           seen
           the
           Messengers
           Account
           ,
           wherein
           he
           Chargeth
           a
           considerable
           summe
           of
           money
           for
           Horse
           hire
           on
           those
           Errands
           .
           'T
           is
           very
           well
           knowne
           ,
           his
           Excellency
           hath
           waited
           many
           houres
           for
           several
           of
           the
           Gentlemen
           that
           live
           in
           Towne
           ,
           and
           would
           never
           sit
           ,
           untill
           
           they
           came
           .
           And
           as
           he
           hath
           never
           done
           ,
           nor
           ordered
           the
           least
           matter
           relateing
           to
           the
           Government
           ,
           without
           their
           Advice
           and
           Consent
           ,
           so
           he
           never
           did
           it
           without
           a
           sufficient
           Number
           to
           make
           a
           Quorum
           ,
           which
           was
           Seven
           .
        
         
           22.
           
           There
           was
           never
           any
           other
           course
           taken
           ,
           to
           hinder
           Mr.
           
           Mather's
           Voyage
           to
           England
           ,
           than
           what
           the
           Law
           allowes
           ,
           neither
           can
           the
           Government
           ,
           without
           a
           great
           deal
           of
           Injustice
           ,
           be
           charged
           with
           any
           thing
           relating
           to
           that
           matter
           ,
           for
           
             none
             in
             place
             knew
             his
             errand
             .
          
        
         
           There
           was
           a
           particular
           difference
           between
           Mr.
           Randoph
           &
           him
           ,
           and
           I
           never
           heard
           of
           any
           other
           course
           taken
           by
           Mr.
           Randolph
           than
           the
           
             ordinary
             Writt
          
           in
           such
           Cases
           usual
           ,
           which
           was
           so
           far
           from
           Retarding
           his
           Voyage
           ,
           that
           an
           
             Attourny's
             entring
             a
             common
             Appearance
          
           in
           that
           Case
           ,
           would
           have
           been
           sufficient
           to
           have
           discharged
           him
           if
           the
           Writt
           had
           been
           served
           .
        
         
           23.
           
           Suppose
           his
           Majestie
           promised
           Mr.
           Mather
           a
           
             Magna
             Charta
          
           ,
           for
           redress
           of
           Grievances
           ,
           and
           that
           his
           Excellency
           should
           be
           wrote
           unto
           ,
           to
           forbear
           the
           measures
           he
           was
           upon
           ,
           yet
           no
           such
           thing
           being
           done
           ,
           he
           was
           Obliged
           to
           the
           Observance
           of
           his
           Majesties
           Commands
           ,
           before
           Signified
           to
           him
           in
           his
           Letters
           Patents
           ,
           which
           was
           a
           sufficient
           warrant
           to
           him
           ,
           untill
           he
           should
           receive
           something
           subsequent
           to
           contradict
           it
           .
        
         
           24.
           
           That
           our
           Churches
           and
           and
           Ministers
           have
           been
           discouraged
           ,
           is
           so
           generall
           an
           head
           ,
           and
           the
           rest
           of
           the
           Declaration
           so
           particular
           ,
           that
           it
           gives
           me
           cause
           to
           suspect
           the
           Truth
           of
           it
           ,
           and
           I
           shall
           hardly
           alter
           my
           Opinion
           ,
           until
           any
           one
           of
           you
           be
           instanced
           who
           kept
           himself
           within
           his
           Province
           ,
           and
           onely
           meddled
           with
           that
           which
           belonged
           to
           him
           .
        
         
           T
           is
           the
           Church
           of
           England
           ,
           that
           have
           most
           reason
           to
           Complain
           ,
           onley
           we
           
             cry
             whore
             first
          
           .
           Has
           not
           their
           Minister
           been
           publiquely
           Affronted
           ,
           &
           hindred
           from
           doing
           his
           Duty
           ?
           What
           scandalous
           Pamphlets
           have
           been
           printed
           to
           vilify
           the
           Liturgy
           ?
           And
           are
           not
           all
           of
           that
           Communion
           daily
           called
           
             Papist
             dogs
             &
             Rogues
          
           to
           their
           Faces
           ?
           How
           often
           has
           the
           plucking
           down
           the
           Church
           been
           threatned
           ?
           One
           while
           ,
           it
           was
           to
           be
           converted
           to
           a
           Schoole
           ,
           &
           anon
           it
           was
           to
           be
           given
           to
           the
           
             French
             Protestants
          
           ;
           and
           whoso
           will
           but
           take
           the
           pains
           to
           survey
           the
           Glass
           Windows
           ,
           will
           easily
           discover
           the
           marks
           of
           a
           malice
           not
           common
           .
           I
           believe
           t
           is
           the
           First
           National
           Church
           that
           ever
           lay
           under
           such
           great
           disadvantages
           ,
           in
           a
           place
           where
           those
           that
           dissent
           from
           her
           must
           expect
           all
           things
           from
           her
           grace
           and
           favour
           .
        
         
           25.
           
           Should
           I
           undertake
           to
           recount
           all
           the
           particulars
           of
           the
           late
           
             Indian
             Rebellion
          
           ,
           this
           would
           swell
           to
           a
           bulk
           bigger
           than
           ever
           I
           designed
           it
           ,
           I
           shall
           onely
           tell
           you
           ,
           we
           must
           look
           at
           home
           for
           the
           Reasons
           of
           those
           troubles
           ,
           
           which
           is
           well
           knowne
           began
           when
           his
           Excellency
           was
           at
           
             New-York
             ▪
          
           and
           that
           the
           Folly
           and
           Rashness
           of
           the
           people
           ,
           drew
           it
           on
           their
           owne
           heads
           .
           The
           Governours
           Conduct
           in
           that
           affair
           has
           been
           so
           prudent
           and
           discreet
           ,
           that
           I
           have
           no
           Reason
           to
           doubt
           but
           the
           Councill
           ,
           into
           whose
           hands
           all
           the
           Papers
           relating
           to
           that
           business
           did
           fall
           ,
           are
           very
           well
           satisfyed
           with
           it
           .
           Things
           were
           brought
           to
           that
           pass
           ,
           that
           if
           our
           unhappy
           domestic
           Troubles
           had
           not
           intervened
           ,
           the
           War
           before
           this
           time
           would
           have
           been
           advantageously
           finished
           ,
           without
           any
           Rates
           or
           Taxes
           on
           the
           Countrey
           ,
           for
           by
           His
           Excellencies
           good
           husbandry
           ,
           the
           standing
           Revenue
           would
           have
           desrayed
           the
           Charge
           .
           T
           is
           true
           ,
           We
           have
           lost
           some
           of
           our
           friends
           and
           Relations
           ,
           in
           that
           Expedition
           ,
           but
           could
           the
           Governour
           keep
           them
           alive
           ?
           Are
           not
           Diseases
           in
           Armies
           ,
           as
           fatall
           to
           men
           as
           the
           Sword
           ?
           When
           Death
           comes
           ,
           t
           is
           not
           to
           be
           avoided
           ;
           and
           we
           see
           that
           all
           our
           art
           &
           care
           hath
           not
           been
           sufficient
           to
           preserve
           our
           dearest
           friends
           at
           home
           ,
           from
           the
           greater
           Mortality
           which
           hath
           run
           thro'
           the
           Countrey
           .
           Did
           any
           of
           them
           dye
           Neglected
           ?
           Which
           of
           them
           wanted
           any
           thing
           to
           be
           had
           in
           these
           parts
           ?
           Did
           his
           Excellency
           lye
           upon
           Beds
           of
           downe
           ,
           and
           fare
           deliciously
           every
           day
           ?
           No
           ,
           the
           same
           Meat
           ,
           the
           same
           Drink
           ,
           the
           same
           Lodging
           in
           their
           Quarters
           &
           Marches
           ,
           were
           common
           to
           all
           ,
           only
           He
           was
           generally
           the
           last
           taken
           care
           for
           .
           To
           what
           a
           degree
           of
           Madness
           &
           impiety
           are
           we
           then
           grown
           ,
           so
           
             falesly
             &
             maliciously
          
           to
           recriminate
           a
           person
           who
           hath
           so
           generously
           exposed
           himself
           to
           the
           hardships
           of
           that
           cold
           &
           uncomfortable
           Climate
           ,
           &
           the
           Fatigues
           of
           War
           ,
           against
           a
           barbarous
           and
           savage
           people
           ?
           And
           certainly
           if
           God
           Almighty
           hath
           not
           
             given
             us
             over
             to
             believe
             lies
             ,
          
           our
           eyes
           must
           be
           by
           this
           time
           open
           ,
           &
           we
           cannot
           but
           knowe
           ,
           we
           have
           been
           put-upon
           ,
           shamm'd
           and
           abused
           ▪
           who
           are
           
             Popish
             Commanders
          
           in
           the
           Army
           ?
           Will
           any
           man
           bare-fac'd
           averr
           so
           great
           an
           Untruth
           ?
           It
           must
           be
           confess'd
           ,
           there
           was
           one
           Commander
           &
           no
           more
           under
           that
           Circumstance
           ;
           but
           what
           had
           he
           to
           do
           with
           the
           Forces
           ?
           His
           Post
           was
           the
           Command
           of
           the
           
           King's
           Souldiers
           &
           Fort
           at
           Pemaquid
           ,
           and
           was
           not
           Commissionated
           for
           the
           Army
           ;
           besides
           if
           he
           had
           ,
           hath
           he
           not
           lived
           long
           amongst
           us
           ?
           Did
           any
           one
           ever
           question
           his
           ability
           ,
           Courage
           ,
           Fidelity
           or
           Conduct
           ,
           and
           ought
           not
           that
           Liberty
           of
           Conscience
           ,
           which
           has
           been
           so
           hotly
           preached
           up
           ,
           even
           to
           the
           Encouragement
           of
           immoral
           Acts
           amongst
           us
           ▪
           to
           be
           equally
           beneficiall
           to
           him
           with
           other
           men
           ?
           Especially
           when
           the
           Gentlemen
           in
           the
           Countrey
           were
           so
           far
           from
           offering
           their
           Service
           in
           the
           Expedition
           ,
           that
           some
           of
           the
           most
           eminent
           amongst
           them
           have
           absolutely
           refused
           the
           service
           .
           And
           I
           have
           been
           told
           ,
           the
           Governour
           's
           proposalls
           to
           the
           Councill
           ,
           about
           his
           
           going
           to
           the
           Eastward
           met
           with
           no
           Opposition
           ,
           lest
           some
           of
           the
           Millitary
           men
           there
           ,
           should
           have
           been
           bound
           in
           Honour
           to
           have
           taken
           that
           Employment
           upon
           themselves
           .
        
         
           26.
           
           That
           some
           of
           the
           
             English
             Plantations
          
           in
           the
           West-Indies
           ,
           which
           are
           contiguous
           to
           the
           French
           ,
           should
           be
           Alarm'd
           ,
           is
           no
           wonder
           ,
           for
           they
           were
           ever
           jealous
           of
           their
           Neighbourhood
           ,
           and
           always
           stood
           upon
           their
           Guard
           ;
           But
           that
           We
           should
           be
           afraid
           of
           being
           delivered
           up
           to
           the
           French
           ;
           when
           there
           is
           neither
           War
           betwixt
           the
           two
           Crownes
           ,
           nor
           any
           Fre●chmen
           that
           we
           can
           yet
           heare
           of
           ,
           to
           receive
           us
           ,
           is
           one
           of
           the
           most
           unaccountable
           things
           in
           the
           world
           .
           From
           what
           parts
           must
           they
           come
           ?
           from
           Canada
           we
           know
           they
           cannot
           ;
           they
           have
           Reason
           enough
           to
           look
           to
           themselves
           ,
           for
           they
           are
           more
           afraid
           than
           we
           :
           France
           have
           their
           hands
           full
           at
           home
           ,
           and
           it
           s
           well
           knowne
           they
           cannot
           spare
           any
           from
           the
           West-Indies
           ;
           they
           made
           their
           utmost
           effort
           against
           Estatia
           ,
           and
           by
           the
           best
           intelligence
           we
           can
           get
           in
           that
           Service
           or
           War
           ,
           there
           was
           not
           one
           Friggat
           .
           Must
           they
           then
           
             drop
             out
             of
             the
             Clouds
          
           ,
           or
           do
           we
           expect
           a
           Fleet
           from
           Vtopia
           ?
           Certainly
           this
           must
           needs
           convince
           any
           considering
           man
           that
           we
           have
           been
           extreamly
           abused
           ;
           and
           we
           must
           be
           stupid
           and
           sencelesse
           to
           think
           that
           Sr.
           
             Edmond
             Andros
          
           ,
           and
           
             ten
             or
             twelve
          
           men
           more
           (
           for
           that
           is
           all
           the
           number
           said
           to
           be
           concerned
           in
           this
           wonderfull
           plott
           )
           could
           they
           be
           guilty
           of
           so
           horrid
           a
           wickednesse
           &
           impiety
           )
           were
           able
           to
           deliver
           so
           many
           Thousand
           men
           well
           appointed
           ,
           into
           the
           hands
           of
           a
           few
           
             French
             men
          
           ,
           who
           from
           
             God
             knows
             whence
          
           ,
           were
           to
           come
           the
           
             Lord
             knows
             when
          
           .
        
         
           27.
           
           That
           it
           was
           either
           our
           Duty
           to
           God
           ,
           or
           that
           we
           had
           either
           the
           Nobility
           ,
           Gentry
           or
           Commons
           of
           England
           ,
           for
           our
           President
           ,
           I
           cannot
           by
           any
           means
           allow
           ,
           and
           I
           am
           amaz'd
           to
           see
           Christians
           call
           that
           a
           Duty
           ,
           which
           God
           has
           so
           remarkably
           shewed
           his
           displeasure
           against
           in
           all
           Countries
           and
           Ages
           .
           Is
           not
           
             Rebellion
             as
             the
             sin
             of
             Witcheraft
             ?
          
           Numb
           .
           11.
           12
           ,
           16.
           
           Who
           was
           it
           that
           sent
           the
           
             Leprosie
             amongst
             the
             children
             of
             Israel
             for
             their
          
           Murmurring
           ?
           Psal
           .
           78.
           
           Or
           how
           came
           the
           
             Sudden
             fire
             with
             which
             they
             were
             burnt
             up
             ?
          
           How
           many
           Thousands
           perished
           ▪
           by
           the
           Pestilence
           ?
           Or
           were
           they
           a
           few
           that
           were
           
             stung
             to
             death
             with
             the
             fiery
             Serpents
             ?
          
           Do
           we
           not
           read
           ,
           that
           
             The
             earth
             opened
             and
             swallowed
             up
             some
             of
             their
             Captaines
             ,
             with
             their
             wives
             and
             Children
             quick
             ,
          
           which
           horrible
           destruction
           fell
           upon
           the
           Israelites
           for
           their
           murmurring
           against
           Moses
           ,
           whome
           God
           had
           appointed
           their
           
             Head
             &
             Chiefe
             Magistrate
          
           ?
           What
           shall
           I
           say
           of
           Absalom
           ?
           What
           of
           Achitophel
           ?
           Or
           what
           of
           Sheba
           ?
           Holy
           Writt
           is
           so
           full
           of
           Examples
           of
           the
           like
           nature
           ,
           that
           no
           body
           can
           esteem
           that
           a
           Duty
           which
           is
           so
           often
           testifyed
           against
           .
           And
           as
           it
           is
           far
           from
           being
           our
           duty
           to
           God
           ,
           
           so
           there
           is
           no
           parallel
           between
           the
           proceedings
           of
           the
           
             Lords
             Spirituall
             &
             Temporall
             in
             England
          
           and
           ours
           here
           ;
           for
           the
           Designe
           of
           establishing
           
             Popery
             &
             Arbitrary
             Government
          
           there
           ,
           was
           so
           evident
           ,
           that
           no
           room
           was
           left
           for
           the
           least
           doubt
           of
           it
           .
           That
           there
           could
           be
           a
           Contrivance
           to
           introduce
           Popery
           here
           ,
           is
           altogether
           ridiculous
           ,
           &
           incredible
           :
           For
           ,
           who
           was
           to
           have
           effected
           it
           ?
           Could
           these
           few
           of
           the
           
             Church
             of
             England
          
           ,
           who
           with
           the
           hazzard
           of
           their
           lives
           and
           fortunes
           so
           lately
           opposed
           it
           in
           Europe
           ,
           and
           that
           in
           all
           Ages
           have
           been
           the
           onely
           Bulwark
           against
           it
           ?
           Or
           were
           the
           
             〈◊〉
             Independents
          
           ,
           or
           Annabaptists
           to
           have
           brought
           this
           about
           ?
           It
           must
           have
           been
           one
           of
           these
           ,
           for
           I
           dare
           be
           bold
           to
           say
           ,
           there
           are
           not
           two
           Roman
           Catholicks
           betwixt
           this
           and
           New-Yorke
           ;
           and
           I
           think
           the
           others
           are
           not
           likely
           to
           accomplish
           it
           ;
           which
           makes
           it
           plaine
           to
           me
           there
           could
           not
           be
           any
           such
           designe
           .
        
         
           I
           have
           sufficiently
           demonstrated
           in
           the
           third
           Article
           ,
           the
           little
           Right
           we
           have
           to
           any
           other
           Government
           in
           the
           Plantations
           ,
           and
           that
           we
           cannot
           justly
           call
           that
           Arbitrary
           ,
           which
           by
           the
           Law
           we
           are
           obliged
           to
           submit
           to
           :
           so
           that
           betwixt
           theire
           Condition
           and
           ours
           ,
           there
           can
           be
           no
           Parity
           .
        
         
           As
           their
           Reasons
           and
           ours
           were
           different
           ,
           so
           are
           the
           Measures
           which
           have
           been
           taken
           :
           for
           His
           late
           Hignesse
           the
           
             Prince
             of
             Orange
          
           ,
           haveing
           well
           weighed
           and
           considered
           the
           tottering
           Condition
           of
           the
           
             Protestant
             Religion
          
           all
           over
           Europe
           ,
           thought
           it
           was
           high
           time
           for
           Him
           to
           take
           up
           Arms
           ,
           as
           well
           for
           His
           owne
           Preservation
           ;
           as
           that
           of
           his
           Neighbours
           and
           Allies
           .
           We
           do
           not
           finde
           ,
           that
           ,
           notwithstanding
           the
           danger
           that
           hung
           over
           their
           Heads
           ,
           the
           people
           of
           England
           took
           up
           armes
           to
           right
           themselves
           ,
           but
           instead
           thereof
           ,
           they
           became
           humble
           suppliants
           to
           His
           Highness
           for
           his
           Favour
           and
           Protection
           ,
           which
           He
           was
           pleased
           to
           grant
           them
           .
           Neither
           do
           we
           finde
           ,
           that
           the
           Lords
           Spirituall
           &
           Temporall
           assumed
           any
           Authority
           ,
           for
           which
           they
           had
           no
           colour
           of
           Law
           :
           as
           they
           are
           Peers
           ,
           they
           are
           invested
           with
           the
           highest
           Authority
           ,
           are
           the
           Grand
           Conservators
           of
           the
           Peace
           of
           the
           Nation
           :
           they
           never
           left
           their
           Duty
           and
           Allegiance
           to
           his
           late
           Majesty
           ,
           untill
           he
           first
           left
           the
           Kingdome
           ,
           and
           all
           things
           were
           transacted
           in
           his
           Name
           ,
           and
           by
           his
           Authority
           untill
           the
           very
           minute
           the
           Prince
           was
           proclaimed
           ,
           who
           came
           ,
           not
           by
           Force
           to
           Conquer
           and
           Subject
           the
           Nation
           to
           a
           forreigne
           power
           ,
           nor
           to
           subvert
           and
           destroy
           the
           Lawfull
           Government
           ;
           but
           to
           maintaine
           &
           support
           the
           same
           in
           a
           peaceable
           manner
           ,
           by
           a
           
             Free
             Parliament
          
           ,
           for
           which
           his
           Majestie
           issued
           forth
           his
           Writts
           ,
           and
           had
           he
           thought
           fit
           to
           have
           stayd
           untill
           their
           sitting
           ,
           all
           Griveances
           might
           have
           been
           redressed
           :
           the
           Prince
           or
           Peers
           never
           abrogated
           nor
           
           altered
           any
           of
           the
           lawful
           powers
           of
           the
           Nation
           ,
           but
           strengthened
           &
           confirmed
           all
           that
           were
           capable
           of
           bearing
           Office
           ,
           by
           which
           there
           was
           alwaies
           a
           due
           Administration
           of
           Justice
           :
           The
           Sword
           was
           never
           said
           to
           
             rule
             &
             s●ay
          
           ,
           and
           by
           consequence
           that
           Confusion
           and
           Disorder
           avoided
           which
           our
           
             Il●●gall
             &
             Arburary
          
           Proceedings
           have
           precipitated
           us
           into
           .
        
         
           As
           to
           the
           Fancifull
           Stories
           of
           
             Macquaes
             ,
             Subterranean
             Vaults
             ,
             Fire-works
             ,
             French
             Friggots
             ,
             Poisoning
             the
             Souldiers
             to
             the
          
           Eastward
           &c.
           they
           are
           so
           apparently
           
             false
             &
             strangely
             ridiculous
          
           ,
           that
           by
           this
           time
           no
           man
           in
           his
           wits
           can
           believe
           them
           ,
           and
           I
           need
           no
           Argument
           to
           confute
           the
           Credit
           of
           those
           monstrous
           follies
           ,
           since
           time
           and
           Experience
           have
           sufficiently
           demonstrated
           them
           to
           be
           meer
           
             Lyes
             &
             Inventions
          
           .
        
         
           And
           now
           I
           hope
           all
           sober
           thinking
           men
           are
           convinced
           ,
           That
           the
           before
           alledged
           Reasons
           ,
           are
           in
           themselves
           either
           absolutely
           false
           ,
           or
           of
           little
           moment
           ,
           and
           consequently
           
             no
             sufficient
             grounds
             for
             us
             to
             take
             up
             Arms.
          
           All
           that
           remains
           on
           this
           head
           therefore
           ,
           will
           be
           to
           shew
           ,
        
         
           
           1st
           .
           That
           If
           all
           the
           Reasons
           had
           been
           true
           ,
           yet
           it
           could
           not
           justifie
           our
           Proceedings
           .
           And
           ,
        
         
           2.
           
           If
           our
           Condition
           had
           been
           as
           bad
           ,
           and
           our
           Grievances
           really
           as
           great
           as
           we
           were
           made
           believe
           ,
           these
           measures
           could
           never
           Mend
           the
           one
           nor
           Redres●e
           the
           other
           .
        
         
           The
           most
           excellent
           Grotius
           hath
           so
           learnedly
           wrote
           upon
           the
           first
           of
           these
           ,
           that
           I
           shall
           presume
           to
           use
           no
           other
           Argument
           than
           his
           own
           upon
           that
           head
           ,
           which
           pray
           consider
           .
        
         
           
             Private
             men
             may
             without
             doubt
             (
             saith
             he
             )
             
               [
               Grot.
               de
               jure
               Belli
               &
               Pacis
               lib.
            
             1.
             cap.
             4.
             
             Quaest
             .
             1.
             ]
             make
             War
             against
             private
             men
             ,
             as
             the
             Traveller
             against
             the
             Theife
             or
             Robber
             :
             So
             may
             Soveraigne
             Princes
             &
             States
             ,
             against
             Soveraign
             Princes
             ,
             as
             David
             against
             the
             King
             of
             the
             Ammonites
             .
             Private
             men
             may
             make
             war
             against
             Princes
             ,
             if
             not
             theire
             owne
             ,
             as
             Abraham
             against
             the
             King
             of
             Babylon
             and
             his
             Neighbours
             .
             So
             may
             Soveraign
             Princes
             against
             private
             men
             ,
             whether
             they
             be
             their
             owne
             subjects
             ,
             as
             David
             against
             Ishbosheth
             and
             his
             party
             ;
             or
             Strangers
             ,
             as
             the
             Romans
             against
             Pirates
             .
             The
             onely
             doubt
             is
             whether
             any
             person
             or
             persons
             ,
             publique
             or
             private
             ,
             can
             make
             a
             lawful
             War
             against
             those
             that
             are
             set
             over
             them
             ,
             whether
             supream
             or
             subordinate
             unto
             them
             :
          
           And
           in
           the
           First
           place
           ,
        
         
           
             It
             is
             on
             all
             hands
             granted
             ,
             That
             they
             that
             are
             Commissionated
             by
             the
             highest
             powers
             ,
             may
             make
             War
             against
             theire
             Inferiors
             ,
             as
             Nehemiah
             against
             
               ●obi●
               &
               Sanballat
            
             ,
             by
             the
             Authority
             of
             Artaxtrxes
             .
          
           But
           whether
           
           it
           be
           lawful
           for
           Subjects
           to
           make
           warre
           against
           those
           who
           have
           the
           supream
           power
           over
           them
           ,
           or
           against
           such
           as
           act
           by
           ,
           &
           according
           to
           their
           Authority
           is
           the
           thing
           in
           question
           .
           It
           is
           also
           by
           all
           good
           men
           acknowledged
           ,
           That
           if
           the
           Commands
           of
           a
           Prince
           shall
           manifestly
           contradict
           ,
           either
           the
           Law
           of
           Nature
           ,
           or
           the
           Divine
           precepts
           ,
           they
           are
           not
           to
           be
           obeyed
           :
           for
           the
           Apostles
           when
           they
           urged
           that
           Maxim
           ,
           
             (
             Act.
          
           4.
           )
           
             Deo
             magis
             quam
             hominibus
             obediendum
          
           ,
           That
           
             God
             is
             rather
             to
             be
             obeyed
             than
             man
             ,
          
           unto
           such
           as
           forbad
           them
           to
           preach
           in
           the
           Name
           of
           Jesus
           ,
           did
           but
           appeal
           to
           a
           principle
           of
           right
           Reason
           ,
           which
           Nature
           had
           insculp't
           in
           every
           mans
           breast
           :
           and
           which
           Plato
           expresseth
           in
           almost
           the
           very
           same
           words
           .
           But
           yet
           ,
           if
           either
           for
           this
           or
           any
           other
           cause
           ,
           any
           Injury
           be
           offered
           unto
           us
           ,
           because
           it
           so
           please
           him
           that
           hath
           the
           Soveraigne
           power
           ,
           it
           ought
           rather
           to
           be
           patiently
           tolerated
           than
           by
           Force
           resisted
           :
           
             For
             although
             we
             do
             not
             owe
             an
             active
             Obedience
             to
             such
             commands
             of
             Princes
             ,
             yet
             we
             do
             owe
             a
             passive
             ;
             though
             we
             ought
             not
             to
             violate
             the
             laws
             of
             God
             or
             of
             Nature
             to
             fulfill
             the
             Will
             of
             the
             greatest
             Monarch
             ,
             yet
             ought
             we
             rather
             patiently
             to
             submit
             to
             whatsoever
             he
             shall
             inflict
             upon
             us
             for
             not
             Obeying
             ,
             than
             by
             Resistance
             to
             violate
             our
             Countryes
             Peact
             .
             The
             best
             and
             safest
             Course
             we
             can
             steer
             in
             such
             a
             case
             ,
             is
             ,
          
           Either
           by
           Flight
           to
           preserve
           our selves
           ,
           or
           resolvedly
           to
           undergo
           whatsoever
           shall
           be
           imposed
           upon
           us
           .
        
         
           2.
           
           
             War
             against
          
           Superiors
           as
           such
           ,
           
             is
             unlawful
          
           .
           And
           naturally
           all
           men
           have
           a
           Right
           to
           repell
           Injuries
           from
           themselves
           by
           Resisting
           them
           (
           as
           we
           have
           already
           said
           )
           but
           Civil
           Societies
           being
           once
           Instituted
           for
           the
           Preservation
           of
           the
           Peace
           ,
           there
           presently
           succeeded
           unto
           that
           Common-Wealth
           ,
           a
           certain
           greater
           Right
           over
           us
           &
           ours
           ,
           so
           far
           forth
           as
           was
           necessary
           for
           that
           end
           .
           And
           therefore
           that
           promiscuous
           Right
           that
           Nature
           gave
           us
           to
           r●ssst
           ,
           the
           Common-Wealth
           ,
           for
           the
           maintaining
           of
           good
           Order
           and
           publick
           Peace
           ,
           hath
           a
           Right
           to
           prohibit
           ,
           which
           without
           all
           doubt
           it
           doth
           ;
           seeing
           that
           otherwise
           it
           cannot
           obtein
           the
           end
           it
           proposeth
           to
           it self
           .
           For
           in
           case
           that
           Promiscuous
           Right
           of
           forcible
           Resistance
           should
           be
           tolerated
           ,
           it
           would
           be
           no
           longer
           a
           Common-Wealth
           that
           is
           a
           Sanctuary
           against
           Oppression
           ,
           but
           a
           confused
           Rabble
           ,
           such
           as
           that
           of
           the
           Cyclops
           ,
           whereof
           the
           Poet
           thus
           ,
           
             
               —
               Where
               every
               Ass
            
             
               May
               on
               his
               wife
               &
               children
               judgement
               pass
               .
            
          
        
         
           A
           dissolute
           Company
           ,
           where
           
             All
             are
             speakers
             and
             none
             hearers
             :
          
           like
           to
           unto
           that
           which
           Valerius
           records
           of
           the
           Bebri●ii
           ,
           
             
               —
               Who
               all
               Leagues
               and
               Laws
               disdain
            
             
               And
               Justice
               ,
               which
               men's
               minds
               in
               peace
               retain
               .
            
          
        
         
           Salust
           makes
           mention
           of
           a
           wild
           and
           savage
           people
           living
           like
           Beasts
           in
           
           Woods
           and
           mountains
           ,
           without
           Lawes
           and
           without
           Government
           ,
           whom
           he
           calls
           Aborigixes
           :
           and
           in
           another
           place
           of
           the
           Getuli
           ,
           who
           had
           neither
           Lawes
           ,
           good
           Customs
           ,
           nor
           any
           Princes
           to
           govern
           them
           .
           But
           Cities
           cannot
           subsist
           without
           these
           ,
           
             Generale
             pactum
             est
             societatis
             humanae
             Regibus
             ob●ai●●
             ;
             All
             humane
             societies
          
           (
           saith
           St.
           Augustine
           )
           
             unanimously
             agree
             in
             this
             ,
             to
             obey
             Kings
          
           ;
           So
           Aeschylus
           ,
           
             
               Kings
               live
               by
               their
               owne
               Lawes
               ,
               Subject
               to
               none
               .
            
          
        
         
           And
           Sophocles
           ,
           
             
               They
               Princes
               are
               ,
               obey
               we
               must
               ,
               what
               not
               ?
            
          
        
         
           To
           the
           same
           Tune
           sings
           Euripides
           ,
           
             
               Folly
               in
               Kings
               must
               be
               with
               patience
               born
               .
            
          
        
         
           
             Whereunto
             agrees
             that
             of
          
           Tacitus
           ,
           Principi
           summum
           rerum
           arbitrium
           Dii
           dederunt
           ,
           &c.
           
           Subditis
           obsequii
           gloria
           relicta
           est
           ;
           God
           hath
           invested
           a
           Prince
           with
           Soveraign
           power
           ,
           leaving
           nothing
           to
           Subjects
           but
           the
           Glory
           of
           Obedience
           .
           
             And
             here
             also
          
           ,
           
             
               Base
               things
               seem
               noble
               when
               by
               Princes
               done
               ;
            
             
               What
               they
               Impes●
               ,
               bear
               thou
               ,
               be
               't
               right
               or
               wrong
               .
            
             
               [
               Sen.
               ]
            
          
           
             Wherewith
             agrees
             that
             of
          
           Salust
           ,
           Impune
           quid
           vis
           facere
           ,
           hoc
           est
           Regem
           esse
           ;
           To
           do
           any
           thing
           without
           fear
           of
           punishment
           ,
           is
           peculiar
           to
           Kings
           :
           
             for
             as
          
           Mark
           Anthony
           
             urged
             in
          
           Herod
           
             's
             Case
          
           ,
           If
           he
           were
           accountable
           for
           what
           he
           hath
           done
           as
           a
           King
           ,
           he
           could
           not
           be
           a
           King.
           
             Hence
             it
             is
             ,
             that
             the
             Majesty
             of
             such
             as
             have
          
           Soveraign
           
             power
             ,
             whether
             in
             one
             or
             more
             ,
             is
             fenced
             with
             so
             many
             and
             so
             severe
             Lawes
             ,
             and
             the
             Licentiousnesse
             of
             Subjects
             restrained
             with
             such
             sharp
             and
             exquisite
             Torments
             ;
             which
             were
             unreasonable
             ,
             if
             to
             resist
             them
             were
             lawfull
             .
             If
             a
             Souldier
             resist
             his
             Captain
             that
             strikes
             him
             ,
             and
             but
             lay
             hold
             on
             his
             Pa●tizan
             ,
             he
             shall
             be
             cashiered
             ;
             but
             if
             he
             either
             breake
             it
             ,
             or
             offer
             to
             strike
             againe
             ▪
             he
             shall
             be
             put
             to
             Death
             :
             For
             as
          
           Aristotle
           observes
           If
           he
           that
           is
           an
           Officer
           strike
           ,
           he
           shall
           not
           be
           struck
           againe
           .
        
         
           3.
           
           The
           Vnlawfulness
           of
           making
           War
           against
           our
           Superiours
           ,
           
             is
             proved
             by
             the
          
           Jewish
           Law.
           [
           Jos
           .
           
             1.
             18.
             1.
          
           
           Sam.
           
             8.
             11.
          
           
           Dent.
           
             17.
             14.
          
           ]
        
         
           By
           the
           Hebrew
           Law
           ,
           He
           that
           behaved
           himself
           contumaciously
           against
           either
           the
           ▪
           High
           Priest
           ,
           or
           against
           him
           who
           was
           extraordinarily
           by
           God
           ordained
           to
           govern
           his
           people
           ,
           was
           to
           be
           put
           to
           death
           ;
           and
           that
           which
           in
           the
           eighth
           Chapter
           of
           the
           first
           Booke
           of
           Samuel
           ,
           is
           spoken
           of
           the
           Right
           of
           Kings
           ,
           to
           him
           that
           throughly
           inspects
           it
           ,
           is
           neither
           to
           be
           understood
           of
           their
           true
           and
           just
           Rights
           ,
           that
           is
           ,
           of
           what
           they
           may
           do
           ●ustly
           and
           honestly
           (
           for
           the
           Duty
           of
           Kings
           is
           much
           otherwise
           described
           Deut
           8
           11.
           )
           nor
           is
           it
           to
           be
           understood
           barely
           ,
           of
           what
           he
           will
           do
           :
           for
           
           then
           it
           had
           signified
           nothing
           that
           was
           singular
           or
           extraordinary
           ,
           for
           private
           men
           do
           the
           same
           to
           private
           men
           :
           But
           it
           is
           to
           be
           understood
           of
           such
           a
           Fact
           as
           usurps
           or
           carries
           with
           it
           the
           priviledge
           of
           what
           is
           right
           ,
           that
           is
           ,
           that
           it
           must
           not
           be
           restisted
           although
           it
           be
           not
           right
           ;
           for
           Kings
           have
           a
           Right
           peculiar
           to
           themselves
           ,
           and
           what
           in
           others
           is
           punishable
           in
           them
           is
           not
           .
           That
           old
           saying
           ,
           
             Summ●m
             jus
             ,
             summa
             injuria
          
           ,
           Extreme
           right
           is
           extreme
           Wrong
           ,
           is
           best
           sitted
           to
           the
           Case
           of
           Kings
           ,
           whose
           absolute
           power
           makes
           that
           seem
           right
           ,
           which
           strictly
           taken
           is
           not
           so
           .
           There
           is
           a
           main
           difference
           between
           Right
           in
           this
           sense
           taken
           ,
           and
           Just
           ;
           for
           in
           the
           former
           sence
           ,
           it
           comprehends
           whatsoever
           may
           be
           done
           without
           fear
           of
           Punishment
           :
           but
           Just
           ,
           respect
           only
           things
           lawful
           and
           honest
           .
           And
           though
           some
           Kings
           there
           be
           ,
           who
           are
           (
           what
           Servius
           in
           
           Cicero's
           Philippicks
           is
           commanded
           to
           be
           )
           
             Magis
             justitiae
             quam
             Juris
             consulti
          
           ;
           more
           regardful
           of
           their
           honour
           and
           duty
           than
           of
           their
           power
           and
           prerogatives
           :
           yet
           this
           doth
           not
           diminish
           their
           Soveraign
           Right
           ;
           because
           if
           they
           will
           they
           may
           do
           otherwise
           without
           the
           danger
           of
           being
           resisted
           .
           And
           therefore
           it
           is
           added
           in
           that
           place
           of
           Samuel
           before
           cited
           ,
           That
           when
           the
           people
           should
           at
           any
           time
           be
           thus
           oppressed
           by
           their
           Kings
           ,
           as
           if
           there
           were
           no
           Remedy
           to
           be
           expected
           from
           men
           ,
           they
           should
           invoke
           His
           help
           who
           is
           the
           Supream
           Judge
           of
           the
           whole
           Earth
           .
           So
           that
           whatsoever
           a
           King
           doth
           ,
           tho'
           the
           same
           done
           by
           an
           inferior
           person
           would
           be
           an
           Injury
           ,
           yet
           being
           done
           by
           him
           is
           Right
           .
           As
           a
           Judge
           is
           said
           
             Jus
             reddere
          
           ,
           to
           do
           Right
           ,
           though
           the
           〈◊〉
           he
           gives
           be
           unrighteous
           .
        
         
           4.
           
           
             By
             the
             G●s
             〈◊〉
          
           When
           Christ
           in
           the
           New-Testament
           Commanded
           to
           give
           Caes●r
           his
           due
           ,
           doubtless
           he
           intended
           that
           his
           Disciples
           should
           yield
           ●s
           great
           ,
           if
           not
           a
           greater
           Obedience
           ,
           as
           well
           active
           a●
           passive
           unto
           the
           higher
           power
           ,
           than
           what
           was
           due
           from
           the
           Jews
           to
           their
           Kings
           :
           which
           St.
           Paul
           ,
           (
           who
           was
           be●●
           able
           to
           interpret
           his
           Masters
           Words
           )
           expounding
           Romans
           13.
           doth
           at
           large
           describe
           theduty
           of
           Subjects
           ;
           Charging
           those
           that
           resist
           the
           power
           of
           Kings
           ,
           with
           no
           less
           Crime
           than
           Rebellion
           against
           God's
           Ordinance
           ,
           and
           with
           a
           Judgment
           as
           great
           as
           their
           Sin
           :
           For
           ,
           saith
           he
           ,
           
             They
             that
             do
             so
             resist
             shall
             receive
             unto
             themsel●●s
             damnation
             .
          
           And
           a
           little
           aser
           he
           urgeth
           the
           Necessity
           of
           our
           Subjection
           ,
           
             Not
             altogether
             for
             fear
             but
             for
             conscience
             ,
             as
             knowing
             ,
             that
             he
             is
             the
             〈◊〉
             of
             God
             for
             our
             Good.
          
           Now
           if
           there
           be
           a
           necessity
           of
           our
           Subjection
           ,
           then
           there
           is
           the
           same
           necessity
           for
           our
           
             not
             resisting
          
           ,
           because
           
             he
             that
             resists
             is
             not
             subject
             .
          
           Neither
           did
           the
           Apostle
           mean
           
             such
             a
             necessity
             of
             subjection
             as
             ●ris●th
             from
             an
             apprehension
             of
             same
             worse
             inconvenience
             that
             might
             follow
             upon
             our
             resistance
             ,
          
           but
           such
           as
           proceeds
           from
           the
           sense
           of
           some
           benefit
           that
           we
           receive
           by
           it
           ,
           
           whereby
           we
           stand
           obliged
           in
           duty
           ,
           not
           unto
           man
           onely
           ,
           but
           unto
           God
           ;
           So
           that
           ;
           
             He
             that
             Resists
             the
             power
             of
             the
             sapream
             Magistrate
             ,
             incurrs
             a
             double
             Punishment
          
           (
           saith
           
             Plato
             )
             First
             from
             God
             ,
             for
             breaking
             that
             good
             Order
             which
             he
             hath
             constituted
             amongst
             men
             .
             And
             Secondly
             ,
             From
             the
             Common
             Wealth
             ,
             whose
             righteous
             Laws
             ,
             made
             for
             the
             preservation
             of
             the
             publick
             peace
             ,
             are
             by
             Resistance
             Weakned
             ,
             and
             the
             Common-Wealth
             thereby
             〈◊〉
             For
             canst
             thou
             believe
             (
             saith
          
           Plato
           )
           
             that
             any
             City
             or
             Kingdom
             can
             long
             stand
             ,
             when
             the
             publick
             Decrees
             of
             the
             Senate
             shall
             be
             wi●fully
             〈◊〉
             and
             trampled
             upon
             by
             the
             over-swelling
             power
             of
             some
             private
             men
             ,
             who
             i●
             〈◊〉
             against
             the
             Execution
             of
             the
             Laws
             ,
             do
             ,
             as
             much
             as
             in
             them
             lies
             ,
             d
             ssolve
             〈◊〉
             Common-wealth
             ,
             &
             consequntly
             bring
             all
             into
             confusion
             .
          
           The
           Apostle
           therefore
           sortisies
           this
           Necessity
           of
           
             publick
             Subjection
          
           to
           Princes
           with
           2
           main
           Reasons
           :
           First
           because
           God
           had
           constituted
           and
           approved
           of
           this
           order
           of
           Commanding
           and
           Obeying
           ;
           and
           that
           not
           only
           under
           the
           Jewish
           ,
           but
           under
           the
           Christian
           Law
           :
           Wherefore
           the
           powers
           that
           are
           set
           over
           us
           are
           to
           be
           Observed
           (
           not
           servilely
           ,
           superstitiously
           ,
           or
           out
           of
           Fear
           ,
           but
           with
           free
           ,
           rational
           ,
           &
           generous
           Spirits
           )
           
             tanquam
             a
             Diis
             aa●ae
          
           ,
           as
           being
           given
           by
           the
           Gods
           ,
           saith
           Plato
           :
           or
           as
           St.
           
             Paul
             ,
             tanquam
             a
             Deo
             ordina●ae
             ,
          
           as
           if
           ordained
           by
           God
           himself
           .
           Which
           Order
           as
           it
           is
           Originally
           God's
           ,
           so
           by
           giving
           it
           a
           Civil
           Sanction
           ,
           it
           becoms
           ours
           also
           :
           For
           thereby
           we
           add
           as
           much
           Authority
           to
           it
           as
           we
           can
           give
           .
           The
           other
           Reason
           is
           drawn
           
             ab
             utsli
          
           ,
           from
           Profit
           :
           because
           this
           Order
           is
           constituted
           for
           our
           good
           ,
           and
           therefore
           in
           Conscience
           is
           to
           be
           obeyed
           and
           not
           resisted
           .
        
         
           But
           here
           some
           men
           may
           say
           ,
           That
           to
           bear
           injuries
           is
           not
           at
           all
           profitable
           unto
           us
           ,
           whereunto
           some
           men
           (
           haply
           more
           truly
           than
           aposi●ely
           to
           the
           meaning
           of
           the
           Apostle
           )
           give
           this
           Answer
           ,
           That
           patiently
           to
           bear
           Injuries
           ,
           conduceth
           much
           to
           our
           Benefit
           ,
           because
           it
           entitles
           us
           to
           a
           Reward
           ,
           far
           transcending
           our
           Sufferings
           ,
           as
           St.
           Paul
           testisies
           .
           But
           though
           this
           also
           be
           true
           ,
           yet
           it
           is
           not
           (
           as
           I
           conceive
           )
           the
           proper
           and
           genuine
           sense
           of
           the
           Apostles
           words
           ,
           which
           doubtless
           have
           Respect
           to
           that
           Universal
           Good
           ,
           whereunto
           this
           Order
           was
           first
           instituted
           ,
           as
           to
           its
           proper
           end
           ;
           which
           was
           the
           publick
           peace
           ,
           wherein
           every
           particular
           man
           ,
           is
           as
           much
           concerned
           ,
           if
           not
           much
           more
           than
           in
           his
           Private
           .
           (
           for
           what
           Protection
           can
           good
           Laws
           give
           ,
           if
           Subjects
           may
           refuse
           to
           yield
           their
           obedience
           to
           them
           ;
           whereas
           ,
           by
           the
           Constant
           observance
           of
           good
           Laws
           ,
           all
           Estates
           ,
           both
           publick
           and
           private
           ,
           do
           grow
           up
           and
           flourish
           together
           )
           
             [
             Plato
             .
          
           ]
           And
           certainly
           these
           are
           the
           good
           Fruits
           that
           we
           receive
           from
           the
           supream
           Powers
           ,
           for
           which
           in
           Conscience
           we
           owe
           them
           Obedience
           .
           For
           no
           man
           did
           ever
           yet
           wish
           ill
           to
           himself
           .
           (
           But
           he
           that
           
           resists
           the
           power
           of
           the
           Magistrate
           ,
           and
           willfully
           violates
           the
           Laws
           established
           ,
           doth
           in
           effect
           (
           as
           far
           as
           in
           him
           is
           )
           dissolve
           his
           Countrey
           's
           peace
           .
           and
           will
           in
           the
           end
           bury
           himself
           also
           in
           the
           ruins
           of
           it
           .
           )
           
             [
             Plato
             .
          
           ]
           Besides
           ,
           the
           Glory
           of
           Kings
           consists
           in
           the
           prosperity
           of
           their
           Subjects
           ,
           When
           Sylla
           had
           by
           his
           Cruelty
           ,
           almost
           depopulated
           ,
           not
           Rome
           only
           ,
           but
           all
           Italy
           ,
           one
           seasonably
           admonisht
           him
           ,
           
             Sinendos
             esse
             aliquos
             vivere
             ,
             ut
             essent
             ,
             quibus
             imperet
          
           ;
           That
           some
           should
           be
           permitted
           to
           live
           ,
           over
           whom
           he
           might
           rule
           as
           a
           King.
           
             [
             Floras
             .
             Aug.
             de
             .
             civ
             .
             Dei.
             Lib.
          
           3.
           cap.
           28.
           ]
           It
           was
           a
           common
           Proverb
           among
           the
           Hebrews
           ,
           Nisi
           Potestas
           publica
           esset
           ,
           alter
           alterum
           vivum
           deglutiret
           ;
           
             Were
             it
             not
             for
             the
             Soveraign
             Powers
             ,
             every
             Kingdom
             would
             be
             like
             a
             great
             Pond
             ,
             wherein
             the
             greater
             Fish
             would
             alwaies
             devour
             the
             Lesser
             .
          
           Agreeable
           whereunto
           is
           that
           of
           
             Chrysostome
             ,
             Vnless
             there
             were
             a
             power
             over
             us
             to
             restrain
             our
             inordinate
             Lusts
             ,
             Men
             would
             be
             more
             sierce
             &
             cruel
             than
             Lions
             &
             Tygers
             ,
             not
             only
             biting
             ,
             but
             eating
             &
             devouring
             one
             another
             .
             Take
             away
             Tribunals
             of
             Justice
             ,
             and
             you
             take
             away
             all
             Right
             ,
             Property
             and
             Dominion
             :
             No
             man
             can
             say
             ,
             this
             is
             mine
             House
             ,
             this
             my
             Land
             ,
             these
             my
             Goods
             or
             my
             Servants
             :
             but
          
           Omnia
           erunt
           Fortiorum
           ,
           
             the
             longest
          
           Sword
           
             would
             take
             all
          
           .
           [
           Chrys
           
             de
             statuis
          
           6.
           
             ad
             Eph.
          
           ]
           The
           mighty
           man
           could
           be
           no
           longer
           secure
           of
           his
           estate
           than
           until
           a
           mightier
           than
           he
           came
           to
           dispossess
           him
           ;
           The
           weaker
           must
           alwaies
           give
           place
           to
           the
           Stronger
           :
           and
           where
           the
           strength
           was
           equal
           the
           loss
           would
           be
           so
           too
           ;
           and
           this
           would
           at
           length
           introduce
           a
           general
           Ataxy
           ,
           which
           would
           be
           far
           more
           perilous
           than
           a
           perfect
           Slavery
           .
           Wherefore
           seeing
           that
           God
           hath
           Established
           (
           and
           humane
           Reason
           upon
           Tryal
           approved
           of
           )
           Soveveraign
           Empire
           as
           the
           best
           Preservative
           of
           humane
           Societies
           ,
           that
           every
           m●n
           should
           yield
           Obedience
           thereunto
           is
           most
           rational
           :
           For
           without
           Subje●
           ion
           there
           can
           be
           no
           Proctection
           .
        
         
           Obj●ct
           .
           
             But
             here
             it
             will
             he
             objected
             ,
             That
          
           The
           Commands
           of
           P●irces
           do
           not
           〈…〉
           to
           the
           Publique
           Good
           ,
           and
           therefore
           when
           they
           〈◊〉
           from
           that
           ●nd
           for
           which
           they
           were
           ordained
           ,
           they
           ought
           not
           to
           be
           obeyed
           .
           
             To
             which
             I
             answer
          
           .
        
         
           That
           though
           the
           Supream
           Magistrate
           doth
           sometimes
           ,
           either
           through
           Fear
           ,
           Anger
           ,
           ●●st
           ,
           Coveteousness
           ,
           or
           such
           like
           inordinate
           〈…〉
           the
           ordinary
           p●●h
           of
           Justice
           and
           Equity
           ,
           yet
           are
           these
           〈…〉
           but
           seldome
           ●
           to
           be
           passed
           over
           as
           personal
           blemishes
           ,
           which
           (
           a●
           Tacitus
           rightly
           observes
           )
           are
           abundantly
           recompensed
           by
           the
           more
           frequent
           examples
           of
           better
           Princes
           .
           (
           Besides
           the
           Lives
           of
           Princes
           are
           to
           be
           considered
           with
           some
           grains
           of
           allowance
           ,
           in
           respect
           of
           those
           many
           provocations
           and
           opportunities
           they
           have
           to
           offend
           ,
           which
           private
           men
           have
           
           not
           ;
           All
           men
           have
           their
           Failings
           ,
           we
           our selves
           have
           ours
           ;
           and
           in
           case
           we
           will
           admit
           of
           none
           in
           Kings
           ,
           we
           must
           not
           rank
           them
           amongst
           men
           but
           Gods.
           The
           Moon
           hath
           her
           spots
           ;
           Venus
           her
           Mole
           ;
           and
           if
           we
           can
           find
           nothing
           under
           the
           Sun
           without
           blemish
           ,
           why
           should
           we
           expect
           perfection
           in
           Kings
           ?
           He
           is
           very
           uncharitable
           that
           judges
           of
           Rulers
           by
           some
           few
           of
           their
           evil
           Deeds
           ,
           passing
           over
           many
           of
           their
           good
           ones
           .
           Seeing
           therefore
           that
           there
           is
           in
           all
           men's
           lives
           ,
           as
           in
           our
           best
           Coin
           ,
           an
           intermixture
           of
           good
           and
           evil
           ;
           it
           is
           sufficient
           to
           denominate
           a
           Prince
           good
           ,
           if
           his
           Vertues
           excel
           his
           Errors
           .
           Besides
           ,
           to
           charge
           the
           Vices
           of
           Kings
           upon
           the
           Government
           ,
           as
           they
           usually
           do
           who
           affect
           Innovation
           ,
           is
           but
           a
           Cheat
           :
           For
           what
           is
           this
           ,
           but
           to
           condemn
           the
           Law
           for
           the
           Corruption
           of
           some
           Lawyers
           :
           Or
           Agriculture
           ,
           because
           some
           men
           do
           curse
           God
           for
           a
           Storm
           ?
           
             Si
             mentiar
             ,
             Ego
             mentior
             ,
             non
             Negotium
             ;
             If
             I
             do
             lye
             ,
          
           (
           saith
           the
           Merchant
           in
           St.
           
             Augustine
             )
             it
             is
             I
             that
             am
             to
             be
             be
             blamed
             not
             my
             Calling
             .
          
           And
           if
           some
           Princes
           do
           prevaricate
           in
           some
           things
           ,
           they
           and
           not
           their
           Function
           are
           ●o
           be
           blamed
           .
           But
           as
           to
           Laws
           ,
           tho
           they
           cannot
           be
           so
           made
           as
           to
           fit
           every
           m●n
           Case
           ,
           yet
           it
           sufficeth
           to
           denominate
           them
           good
           ,
           if
           they
           obviate
           such
           〈…〉
           as
           are
           frequently
           practised
           ,
           and
           so
           do
           good
           to
           the
           generality
           of
           the
           People
           .
           But
           as
           to
           such
           cases
           which
           because
           they
           rarely
           happen
           cannot
           so
           easily
           be
           provided
           against
           by
           particular
           Laws
           ,
           even
           these
           a●so
           are
           understood
           to
           be
           restrained
           by
           general
           Rules
           .
           For
           though
           the
           Reason
           of
           the
           Law
           being
           particularly
           applyed
           to
           that
           special
           Case
           hold
           not
           ;
           yet
           in
           the
           General
           ,
           under
           which
           special
           Cases
           may
           lawfully
           be
           Comprehended
           ,
           it
           may
           .
           And
           much
           better
           is
           it
           so
           to
           do
           ,
           than
           to
           live
           without
           Law
           ,
           or
           to
           permit
           every
           man
           to
           be
           a
           law
           to
           himself
           .
           Very
           apposite
           to
           this
           purpose
           is
           that
           of
           
             Seneca
             ,
             [
             Lib.
          
           7.
           
             de
             Benef
          
           cap
           16.
           ]
           
             Better
             is
             it
             not
             to
             admit
             of
             some
             excuses
             ,
             though
             just
             from
             a
             few
             ,
             than
             that
             All
             should
             be
             permitted
             to
             make
             whatsoever
             they
             please
             .
          
           Memorable
           is
           that
           of
           Pericles
           in
           Thucydides
           ,
           [
           Lib.
           2.
           ]
           
             Better
             it
             is
             for
             private
             men
             ,
             that
             the
             Common-Wealth
             flourish
             ,
             though
             they
             thrive
             not
             in
             it
             ,
             than
             that
             they
             should
             abound
             &
             grow
             rich
             in
             their
             own
             private
             estates
             ,
             and
             the
             Common-Wealth
             pine
             and
             Wither
             :
             For
             if
             the
             whole
             be
             ruined
             ,
             every
             private
             mans
             Fortunes
             must
             needs
             be
             ruined
             with
             it
             :
             but
             if
             the
             Common-Wealth
             flourish
             ,
             every
             private
             mans
             estate
             ,
             though
             in
             it self
             weake
             ,
             may
             in
             time
             be
             repaired
             .
             Wherefore
             ,
             since
             the
             state
             if
             well
             ordered
             ,
             can
             easily
             support
             any
             private
             mans
             fortunes
             ,
             but
             a
             private
             mans
             estate
             ,
             though
             never
             so
             well
             ordered
             ,
             cannot
             repair
             the
             loss
             of
             the
             publique
             state
             :
             why
             do
             ye
             not
             rather
             contribute
             your
             utmost
             care
             to
             advance
             the
             Publique
             ,
             than
             (
             as
             ye
             now
             do
             )
             seek
             to
             build
             your
             own
             private
             Fortunes
             upon
             the
             publique
             Ruines
             ?
          
           Wherewith
           agrees
           that
           of
           
           Ambrose
           ,
           
             [
             de
             Off.
             Lib.
          
           3.
           ]
           Eadem
           est
           singulorum
           utilitas
           ,
           quae
           Universorum
           ;
           
             The
             Profit
             which
             the
             Common-Wealth
             receives
             ,
             redounds
             to
             every
             private
             man.
          
           And
           that
           also
           in
           the
           Law
           ,
           
             Semper
             non
             quod
             privatim
             interest
             ex
             sociis
             ;
             sed
             quod
             communi
             societate
             expedit
             ,
             servari
             debet
          
           ;
           Evermore
           ,
           not
           that
           which
           particularly
           availeth
           any
           one
           party
           ,
           but
           that
           which
           conduceth
           to
           the
           Benefit
           of
           the
           Common
           Society
           is
           to
           be
           observed
           .
           (
           When
           the
           Common
           people
           in
           ●ome
           began
           to
           Mutinee
           by
           reason
           of
           some
           Taxes
           extraordinarily
           imposed
           on
           them
           ,
           Laevinus
           the
           Consul
           exhorted
           the
           Senate
           ,
           to
           encourage
           the
           people
           by
           their
           own
           example
           ;
           and
           to
           that
           very
           end
           advised
           every
           Senator
           to
           bring
           into
           the
           Senate-house
           ,
           all
           the
           Gold
           ,
           Silver
           and
           Brass
           Money
           he
           had
           ▪
           that
           it
           might
           be
           delivered
           to
           the
           ●r●umo●ri
           for
           the
           publ
           ck
           service
           :
           adding
           this
           reason
           ,
           If
           our
           City
           overcome
           ,
           no
           man
           needs
           to
           fear
           his
           own
           〈◊〉
           but
           if
           it
           fall
           ,
           let
           no
           man
           think
           to
           preserve
           his
           own
           
             [
             Liv.
          
           l.
           26.
           ]
           )
           For
           as
           Plato
           rightly
           observes
           ,
           
             What
             is
             common
             strengthens
             a
             city
             ,
             but
             what
             enricheth
             private
             families
             only
             ,
             weakens
             and
             diss
             lves
             it
             :
             And
             therefore
             it
             concerns
             both
             Princes
             and
             subjects
             to
             prefer
             the
             Affairs
             of
             the
             Common-Wealth
             ,
             before
             their
             own
             either
             pleasure
             or
             Profit
             )
          
           It
           is
           a
           very
           true
           Observation
           of
           
           Xenophon's
           ,
           
             He
             that
             in
             an
             Army
             behaves
             himself
             sedi●ion
             sly
             against
             his
             ▪
             General
             ,
             sins
             against
             his
             own
             Life
             .
          
           And
           no
           less
           true
           is
           that
           of
           
             Jamblicus
             ,
             No
             man
             should
             think
             himself
             a
             Loser
             by
             what
             the
             Common-wealth
             gains
             ,
             for
             every
             private
             mans
             loss
             is
             sufficiently
             recompensed
             in
             the
             publick
             profit
             :
             For
             as
             in
             the
             natural
             body
             ,
             so
             doubtless
             in
             the
             Civil
             ,
          
           In
           totius
           Salute
           ,
           Salus
           est
           partium
           ;
           
             the
             well
             being
             of
             every
             part
             ,
             consists
             in
             the
             safety
             of
             the
             whole
             .
          
           But
           without
           doubt
           ,
           among
           those
           th
           ngs
           that
           are
           publick
           ,
           the
           chief
           &
           principal
           is
           that
           aforesaid
           Order
           of
           we●●
           Commanding
           and
           well-Obeying
           :
           which
           cannot
           consist
           where
           private
           Subjects
           assume
           that
           Licence
           of
           resisting
           the
           publick
           Magistrate
           :
           which
           is
           excellently
           described
           by
           
             Dion
             Cassius
          
           ,
           whose
           words
           sound
           much
           to
           this
           s●●se
           ,
           
             I
             cannot
             concei●e
             it
             seemly
             for
             a
             Prince
             to
             submit
             to
             his
             subjects
             ,
             for
             there
             can
             be
             no
             safety
             ,
             wh●●e
             the
             free
             are
             advanced
             above
             the
             Head
             ,
             or
             wher
             they
             undertake
             to
             govern
             ,
             whose
             Duty
             it
             is
             to
             be
             governed
             .
             What
             a
             dismal
             Confusion
             would
             it
             introduce
             in
             a
             Family
             if
             Children
             should
             be
             permitted
             to
             despise
             their
             Parents
             or
             Servants
             to
             dispute
             the
             Commands
             of
             their
             Masters
             ?
             In
             what
             a
             d●sperate
             Condition
             is
             that
             Patient
             ,
             that
             will
             not
             be
             ruled
             in
             all
             things
             by
             his
             Physitian
             ?
             And
             what
             hopes
             can
             there
             be
             of
             that
             Ship
             ,
             where
             the
             Marriners
             refuse
             to
             obey
             their
             Pilot
             ?
             Surely
             God
             hath
             ordained
             ,
             and
             humane
             Reason
             upon
             tryal
             hath
             found
             it
             necessary
             ,
             that
             for
             the
             preservation
             of
             〈◊〉
             me
             Society
             ,
             some
             should
             Command
             ,
             and
             some
             Obey
             .
          
           To
           the
           Testimony
           of
           St.
           Paul
           ,
           we
           shall
           add
           that
           of
           St.
           Peter
           ,
           whose
           words
           are
           these
           ,
           
             Honour
             the
             King
             ,
             
             Servants
             ,
             be
             ye
             subjects
             to
             your
             Masters
             with
             all
             fear
             ,
             and
             not
             only
             to
             the
             good
             &
             gentle
             ,
             but
             also
             to
             the
             froward
             :
             For
             this
             is
             thank-worthy
             ,
             if
             a
             man
             for
             conscience
             sake
             ●●●ourd
             God
             endure
             Grief
             ,
             suffering
             wrongfully
             ,
             for
             what
             glory
             is
             it
             ,
             if
             when
             ye
             be
             buffeted
             for
             your
             faults
             ye
             take
             it
             patiently
             ?
             But
             if
             when
             ye
             do
             well
             ,
             &
             suffer
             for
             it
             ,
             ye
             take
             it
             patiently
             ,
             this
             is
             acceptable
             with
             God.
          
           1.
           
           Fet.
           2.
           17
           ,
           18
           ,
           19.
           
           And
           this
           he
           by
           and
           by
           confirms
           by
           Christ's
           own
           Example
           ,
           which
           Clemens
           also
           in
           his
           Constitutions
           thus
           expresseth
           ,
           
             The
             servant
             that
             seareth
             God
          
           ,
           saith
           he
           ,
           
             will
             serve
             his
             Master
             also
             with
             all
             faithfulness
             ,
             yea
             ,
             though
             he
             be
             impious
             and
             unjust
             .
          
           Whence
           we
           may
           observe
           two
           things
           :
           First
           ,
           That
           under
           the
           subjection
           that
           servants
           are
           in
           even
           to
           hard
           Masters
           ,
           is
           also
           couched
           that
           of
           Subjects
           unto
           Kings
           ,
           though
           Tyrannical
           .
           And
           therefore
           ,
           as
           a
           little
           before
           he
           commanded
           Subjection
           to
           every
           humane
           Ordinance
           ;
           that
           is
           ,
           to
           the
           Laws
           and
           Constitutions
           of
           Princes
           without
           distinction
           ,
           (
           for
           when
           that
           Epistle
           was
           written
           ,
           there
           were
           very
           few
           Princes
           that
           were
           not
           Idolaters
           )
           yet
           submit
           we
           must
           ,
           saith
           St.
           Peter
           ,
           for
           all
           that
           ;
           and
           that
           ,
           
             p●opter
             Dominum
             ,
             for
             the
             Lord's
             sake
             .
          
           So
           what
           follows
           in
           the
           same
           Chapter
           being
           built
           upon
           the
           same
           foundation
           ,
           respects
           the
           Duty
           as
           well
           of
           subjects
           as
           of
           Servants
           .
           And
           so
           requires
           the
           same
           Obedience
           ,
           as
           well
           passive
           as
           Active
           ;
           Such
           as
           we
           usually
           pay
           to
           our
           Parents
           ,
           according
           to
           that
           of
           the
           Poet
           ,
           
             
               Thy
               Parents
               love
               if
               good
               ,
               if
               bad
               yet
               bear
               .
            
          
           And
           also
           that
           of
           Terence
           ,
           
             
               To
               bear
               with
               parents
               ,
               piety
               Commands
               .
            
          
           And
           that
           likewise
           of
           Ciccro
           in
           his
           Oration
           for
           
             Claentius
             ,
             Men
             ought
             not
             only
             to
             c●nce●l
             the
             injuryes
             done
             unto
             them
             by
             their
             parents
             ,
             but
             to
             bear
             them
             with
             〈◊〉
          
           A
           young
           man
           of
           Erc●ria
           that
           had
           been
           long
           educated
           under
           〈◊〉
           being
           demanded
           ,
           What
           he
           had
           learned
           ?
           Answered
           ,
           
             Meekly
             to
             bear
             ●is
             ●rath
          
           .
           So
           Justin
           relates
           of
           〈◊〉
           That
           he
           endured
           the
           Reproaches
           of
           the
           King
           ,
           with
           the
           same
           calmness
           of
           Spirit
           ,
           as
           if
           he
           had
           ●een
           his
           Father
           .
           
             [
             I●b
          
           .
           15.
           ]
           
             ●●renda
             sum
             〈◊〉
             ingeria
          
           ,
           The
           Humours
           of
           Kings
           most
           be
           endured
           :
           saith
           
             Tacitus
             :
             [
             Ann.
          
           16.
           
           Hist
           .
           6.
           ]
           And
           in
           another
           place
           he
           tells
           us
           ,
           That
           Good
           Emperours
           are
           to
           be
           wished
           for
           ,
           but
           whensoever
           they
           are
           ,
           they
           must
           be
           obeyed
           .
           So
           also
           Livy
           ,
           As
           the
           R●ge
           of
           our
           Parents
           ,
           so
           the
           Cruelty
           of
           our
           Countrey
           are
           no
           ways
           to
           be
           〈◊〉
           but
           by
           patience
           and
           Sufferance
           .
           For
           which
           Claudius
           highly
           ext●ls
           the
           Persians
           ,
           who
           obeyed
           all
           their
           Kings
           equally
           tho
           never
           so
           cruel
           .
        
         
         
           5.
           
           Neither
           did
           the
           
             Practice
             of
             the
             primitive
             Christians
          
           swerve
           from
           this
           Law
           of
           God
           ,
           which
           is
           an
           undeniable
           Argument
           that
           they
           so
           understood
           it
           .
           For
           though
           the
           Roman
           Emperours
           were
           sometimes
           the
           very
           worst
           of
           men
           ,
           and
           deadly
           Enemies
           to
           the
           Christian
           Faith
           ;
           yea
           ,
           though
           there
           wanted
           not
           such
           under
           their
           Government
           ,
           who
           under
           the
           specious
           pretence
           of
           freeing
           the
           Common-Wealth
           from
           Tyranny
           and
           Oppre●●●on
           ,
           took
           Arms
           against
           them
           ,
           you
           could
           the●
           never
           perswade
           the
           Christians
           to
           join
           with
           them
           .
           In
           the
           Constitutions
           of
           Clemens
           we
           read
           ,
           
             ●●giae
             potestati
             resistere
             Nefas
          
           ,
           To
           〈◊〉
           the
           power
           of
           a
           King
           is
           impious
           .
           ●e●tullian
           in
           his
           Apology
           writes
           thus
           ,
           
             W●at
             was
             that
          
           Cassius
           
             that
             ●●nspi●●d
             against
             the
             life
             of
          
           Julius
           Caesar
           ?
           
             What
             was
             that
          
           Polcennius
           N
           g●r
           
             that
             in
             love
             to
             his
             own
             countrey
             ,
             took
             Arms
             in
          
           Syria
           ,
           as
           Clodius
           Albinus
           
             did
             in
          
           France
           &
           Britain
           ,
           
             against
             that
             bloody
             Emperour
          
           Septimius
           Severus
           ?
           
             Or
             What
             was
             that
          
           Plautianus
           ,
           
             who
             to
             set
             the
             Common-Wealth
             free
             from
             Tyranny
             ,
             attempted
             the
             Life
             of
             the
             same
             Emperour
             in
             his
             own
             pallace
             ?
             What
             was
             that
          
           Aelius
           Laetus
           ,
           
             who
             having
             s●st
             po●sened
             that
             infamous
             Emperour
          
           Commodus
           ,
           
             fearing
             it
             should
             not
             take
             that
             effect
             which
             he
             desired
             ,
             did
             afterwards
             hir●
          
           Narcissus
           
             a
             strong
          
           Wrestler
           
             to
             strangle
             him
             ?
             Or
             What
             was
             that
          
           Parthenius
           ,
           (
           whose
           fact
           Tertullian
           doth
           so
           much
           detest
           )
           
             who
             being
          
           Chamberlain
           
             to
             that
             execrable
             Tyrant
          
           Domitian
           ,
           
             yet
             killed
             him
             in
             his
             own
             Chamber
             ?
             What
          
           (
           saith
           Ter●ilian
           )
           
             were
             all
             these
             ?
             Surely
             not
          
           Christians
           ,
           but
           Romans
           .
           Nay
           ,
           So
           abominated
           they
           were
           by
           Christians
           ,
           that
           Tertullian
           seems
           to
           glory
           in
           this
           ,
           that
           though
           Christians
           were
           every
           where
           reproached
           as
           Enemies
           ,
           nay
           Traitors
           to
           the
           Imperial
           Crown
           ,
           yet
           could
           they
           never
           find
           any
           of
           them
           ,
           either
           stained
           with
           that
           Crime
           ,
           or
           so
           much
           as
           favouring
           those
           Treasonable
           Practices
           of
           either
           Cassias
           ,
           Niger
           .
           or
           Albinus
           .
           When
           St.
           Ambrose
           was
           commanded
           by
           the
           Emperour
           Valentinus
           to
           give
           up
           his
           Church
           to
           be
           Garrisun'd
           by
           Souldiers
           ,
           though
           he
           took
           it
           to
           be
           an
           injury
           done
           ,
           not
           only
           to
           himself
           and
           his
           Congregation
           ,
           but
           even
           unto
           Christ
           himself
           ;
           yet
           would
           he
           not
           take
           any
           advantage
           of
           the
           commo●●●s
           it
           made
           among
           the
           People
           ,
           to
           make
           Resistance
           .
           [
           S●●
           Gratian
           c.
           23.
           q.
           8.
           ]
           If
           the
           Emperour
           (
           saith
           he
           )
           had
           commanded
           what
           was
           in
           my
           power
           to
           give
           ,
           were
           it
           mine
           House
           ,
           Land
           ,
           Goods
           ▪
           Go●d
           or
           Si
           ver
           ,
           how
           readily
           should
           I
           obey
           ;
           Whatsoever
           is
           mine
           I
           would
           wi●ingly
           offer
           :
           hat
           the
           
             Temple
             of
             God
          
           ,
           I
           cannot
           give
           away
           ,
           〈…〉
           to
           any
           man
           :
           
             Cum
             ad
             cust●di●ndum
             ,
             n●n
             〈…〉
          
           〈◊〉
           it
           was
           commit●ed
           to
           m●e
           to
           defend
           and
           to
           〈…〉
           And
           where●s
           the
           people
           being
           ●●raged
           thereby
           ,
           〈…〉
           to
           repel
           the
           Souldiers
           ,
           he
           re●used
           it
           saying
           ,
           〈…〉
           
           Though
           provoked
           and
           compelled
           thereunto
           ,
           yet
           withstand
           or
           resist
           I
           cannot
           ;
           grieve
           and
           weep
           ,
           and
           mourn
           I
           can
           ,
           against
           Arms
           ,
           Souldiers
           and
           Coths
           :
           I
           have
           no
           other
           weapons
           but
           Tears
           :
           for
           these
           are
           the
           only
           Forts
           and
           Mu●ments
           of
           a
           Priest
           :
           
             Aliter
             nec
             debeo
             n●c
             possum
             resistere
             ,
          
           Otherwise
           I
           neither
           ought
           nor
           can
           resist
           .
           
             [
             Lib.
          
           5.
           
           
             Orat.
             in
             A●xen
             .
          
           ]
           And
           presently
           after
           ,
           being
           commanded
           to
           appease
           the
           Tumult
           ,
           he
           replied
           ,
           That
           not
           to
           excite
           them
           was
           in
           his
           power
           ,
           but
           being
           exasperated
           and
           enraged
           ,
           to
           appease
           them
           was
           in
           the
           sole
           power
           of
           Him
           ,
           who
           when
           He
           pleased
           ,
           
             could
             ●●●ll
             the
             ragings
             of
             the
             Seas
             &
             the
             madness
             of
             the
             people
             .
             [
             Epist
             .
          
           33.
           ]
           And
           in
           another
           place
           he
           writes
           thus
           ,
           Will
           ye
           hale
           me
           to
           prison
           ,
           or
           cast
           me
           into
           chains
           ?
           I
           am
           willing
           to
           suffer
           ,
           neither
           shall
           I
           guard
           my self
           with
           multitudes
           of
           people
           who
           offer
           themselves
           to
           defend
           me
           .
           Neither
           would
           he
           make
           use
           of
           the
           Forces
           of
           Maximus
           ,
           when
           offered
           against
           the
           Emperor
           ,
           though
           an
           Artan
           ,
           and
           a
           grievous
           Persecutor
           of
           the
           Church
           .
           In
           imitation
           of
           whom
           ,
           Gregory
           the
           Great
           ,
           in
           one
           of
           his
           epistles
           confesseth
           ,
           That
           if
           he
           would
           have
           engaged
           himself
           in
           the
           Death
           of
           the
           Lombards
           ,
           that
           Nation
           had
           at
           that
           day
           ,
           had
           neither
           
             King
             ,
             Dukes
          
           ,
           nor
           Earls
           ,
           but
           had
           been
           reduced
           into
           extreme
           Confusion
           .
           
             [
             Greg.
          
           l.
           6.
           
           Ep.
           1.
           ]
           Nazianzen
           informs
           us
           ,
           That
           Julian
           the
           Apostate
           was
           diverted
           from
           some
           bloody
           designs
           he
           intended
           against
           the
           Church
           ,
           by
           the
           Tears
           of
           Christians
           :
           Adding
           withal
           ,
           That
           
             These
             are
             our
             best
             Preservatives
             against
             Persecutions
             .
          
           [
           Naz
           ▪
           Orat.
           1.
           
             in
             Julian
             .
          
           ]
           And
           because
           a
           great
           part
           of
           his
           Army
           were
           Christians
           ,
           therefore
           his
           cruelty
           towards
           them
           ,
           would
           have
           been
           not
           injurious
           to
           the
           Church
           of
           Christ
           only
           ,
           but
           would
           at
           that
           time
           have
           much
           endagerd
           the
           Common-Wealth
           .
           Unto
           all
           which
           we
           may
           also
           add
           that
           of
           St.
           Augustine
           ,
           where
           expounding
           those
           places
           of
           St.
           Paul
           ,
           he
           saith
           ,
           Even
           for
           the
           preservation
           of
           our
           own
           Lives
           ,
           we
           ought
           to
           submit
           to
           the
           supreme
           Power
           ,
           &
           not
           to
           resist
           them
           in
           whatsoever
           they
           shall
           take
           away
           from
           us
           .
        
         
           6.
           
           
             〈◊〉
             Magistrates
             ought
             not
             to
             resist
             the
             Supream
             .
          
           Some
           very
           learned
           men
           there
           are
           even
           this
           age
           ,
           who
           accommodating
           themselves
           t●o
           servil●l●
           to
           the
           times
           and
           places
           wherein
           they
           live
           ,
           do
           perswade
           themselves
           l●st
           ,
           and
           then
           others
           ,
           That
           though
           this
           licence
           of
           Resisting
           the
           Supream
           power
           be
           inconsistent
           with
           the
           Condition
           of
           private
           men
           ,
           yet
           it
           ag●ee
           with
           the
           Rights
           of
           inserior
           Magistrates
           ;
           nay
           ,
           further
           ,
           that
           the●
           sin
           in
           case
           they
           do
           it
           not
           :
           which
           Opinion
           is
           to
           be
           exploded
           ,
           us
           For
           as
           in
           Logick
           there
           is
           a
           Genus
           which
           is
           called
           〈◊〉
           which
           though
           it
           be
           comprehensive
           of
           all
           that
           is
           under
           it
           ,
           as
           a
           living
           Creature
           comprehends
           both
           man
           and
           Beast
           ;
           yet
           hath
           it
           a
           Cenus
           above
           
           it
           ,
           in
           respect
           whereof
           it
           is
           but
           a
           Species
           :
           As
           a
           living
           Creature
           is
           to
           a
           body
           ,
           which
           comprehends
           all
           sorts
           of
           bodies
           ,
           both
           animate
           and
           inanimate
           .
           The
           like
           we
           may
           say
           of
           Magistrates
           ,
           some
           are
           Supream
           ,
           who
           rule
           all
           ,
           and
           are
           ruled
           by
           none
           ;
           others
           are
           Subordinate
           ,
           who
           in
           respect
           of
           private
           men
           ,
           are
           publick
           Persons
           ,
           governing
           like
           Princes
           ;
           But
           in
           respect
           of
           the
           Supream
           Magistrate
           are
           but
           private
           men
           ,
           and
           are
           command●d
           as
           Subjects
           .
           For
           the
           power
           or
           faculty
           of
           Governing
           ,
           as
           it
           is
           derived
           from
           the
           Supream
           power
           ,
           so
           it
           is
           subject
           unto
           it
           ,
           And
           whatsoever
           is
           done
           by
           the
           inferior
           Magistrate
           ,
           contrary
           to
           the
           Will
           of
           the
           Supream
           ,
           is
           nu●●
           ,
           and
           reputed
           but
           as
           a
           private
           Act
           ,
           for
           want
           of
           the
           Stamp
           of
           publick
           Authority
           .
           All
           Order
           (
           say
           Philosophers
           )
           doth
           necessarily
           relate
           to
           somewhat
           that
           is
           first
           and
           highest
           ,
           from
           whence
           it
           takes
           its
           Rise
           and
           Beginning
           .
           Now
           they
           that
           are
           of
           this
           Opinion
           ,
           that
           inseriour
           Magistrates
           may
           resist
           the
           Supream
           ,
           seem
           to
           introduce
           such
           a
           state
           of
           things
           ,
           as
           the
           Poets
           fansied
           to
           have
           been
           in
           Heaven
           before
           Majesty
           was
           thought
           on
           ,
           when
           the
           lesser
           gods
           denied
           the
           prerogative
           of
           Jupiter
           .
           But
           this
           Order
           or
           Subordination
           of
           one
           to
           another
           ,
           is
           not
           only
           approved
           of
           by
           Common
           Experience
           ,
           as
           in
           every
           Family
           the
           Father
           is
           the
           head
           ,
           next
           unto
           him
           the
           Mother
           ,
           then
           the
           Children
           ,
           and
           after
           them
           the
           Servants
           ,
           and
           such
           as
           are
           under
           them
           :
           So
           in
           every
           Kingdom
           ,
           
             Each
             power
             under
             Higher
             powers
             are
          
           —
           And
           ,
           
             All
             Governours
             are
             under
             Government
          
           —
           To
           which
           purpose
           is
           that
           notable
           saying
           of
           St.
           Augustine
           ,
           Observe
           (
           saith
           he
           )
           the
           degrees
           of
           all
           humane
           things
           :
           If
           thy
           Tutor
           enjoin
           thee
           any
           thing
           ,
           thou
           must
           do
           it
           ;
           yet
           not
           ,
           in
           case
           the
           Proconsul
           command
           the
           contray
           :
           neither
           must
           thou
           obey
           the
           Consul
           ,
           if
           thy
           Prince
           command
           othertherwise
           :
           for
           in
           so
           doing
           thou
           canst
           not
           be
           said
           to
           contemn
           Authority
           ,
           but
           thou
           chusest
           to
           obey
           that
           which
           is
           highest
           :
           Neither
           ought
           the
           lesser
           powers
           to
           be
           effended
           ,
           that
           the
           greater
           is
           preferred
           before
           them
           ,
           for
           
             〈…〉
             .
             [
             Grat.
             c.
          
           11.
           q.
           3
           ,
           
             Qui●
             〈◊〉
          
           And
           that
           also
           of
           the
           s●me
           Father
           concerning
           Pilate
           ,
           Because
           〈◊〉
           he
           )
           God
           h●d
           invessed
           〈◊〉
           such
           a
           power
           as
           was
           it self
           subordinate
           〈◊〉
           of
           〈◊〉
           But
           〈…〉
           approved
           of
           by
           Divine
           Authority
           ,
           For
           〈◊〉
           enjoyns
           us
           〈…〉
           unto
           Kings
           otherwise
           than
           unto
           Magistrates
           :
           To
           
             ●ings
             as
             〈◊〉
          
           that
           is
           ,
           absolutely
           ,
           without
           Exceptions
           to
           any
           other
           Commands
           than
           those
           directly
           from
           God
           :
           who
           is
           so
           far
           from
           justifying
           our
           Resistance
           ,
           that
           He
           commands
           our
           passive
           Obedience
           :
           But
           unto
           Magistrates
           ,
           as
           they
           are
           deputed
           by
           Kings
           ,
           and
           as
           they
           derive
           their
           Authority
           form
           them
           .
           And
           when
           St.
           Paul
           subjects
           every
           soul
           to
           the
           higher
           powers
           ,
           
             (
             Rom.
          
           13.
           )
           doubtless
           he
           exempts
           not
           inferiour
           Magistrates
           .
           
           Neither
           do
           we
           find
           among
           the
           Hebrews
           (
           where
           there
           were
           so
           many
           Kings
           utterly
           regardless
           of
           the
           Laws
           both
           of
           
             God
             &
             Men
          
           )
           any
           inferior
           Magistrates
           ,
           among
           whom
           ,
           some
           without
           all
           question
           ,
           there
           were
           both
           pious
           and
           valiant
           ,
           that
           ever
           arrogated
           unto
           themselves
           this
           Right
           of
           Resisting
           by
           force
           ,
           the
           power
           of
           their
           Kings
           ,
           without
           an
           express
           command
           from
           God
           ,
           who
           alone
           ha●●
           an
           unlimited
           power
           and
           Jurisdiction
           over
           them
           .
           But
           on
           the
           Contrary
           ,
           What
           duties
           inferior
           Magistrates
           owe
           unto
           their
           Kings
           ,
           though
           wicked
           ,
           Samuel
           will
           instruct
           us
           by
           his
           own
           Example
           ,
           who
           though
           he
           knew
           that
           Saul
           had
           corrupted
           himself
           ,
           and
           that
           God
           also
           had
           rejected
           him
           from
           being
           King
           ,
           yet
           before
           the
           people
           ,
           and
           before
           the
           Elders
           of
           Israel
           ,
           he
           gives
           him
           that
           Reverence
           and
           Respect
           that
           was
           due
           unto
           him
           ,
           (
           1.
           
           Sam.
           15.
           30.
           )
           And
           so
           likewise
           the
           state
           of
           Religion
           publickly
           professed
           ,
           did
           never
           depend
           upon
           any
           other
           humane
           Authority
           ,
           but
           on
           that
           of
           the
           King
           ,
           and
           Sanhedrim
           .
           For
           in
           that
           after
           the
           King
           ,
           the
           Magistrates
           with
           the
           People
           ,
           engaged
           themselves
           to
           the
           true
           Worship
           and
           Service
           of
           God
           ,
           it
           ought
           to
           be
           understood
           ,
           so
           far
           forth
           as
           it
           should
           be
           in
           the
           power
           of
           every
           one
           of
           them
           .
           Nay
           ,
           the
           very
           Images
           of
           their
           false
           gods
           which
           were
           publickly
           erected
           ,
           (
           and
           therefore
           could
           not
           but
           be
           scandalous
           to
           such
           as
           were
           truly
           religious
           )
           yet
           were
           they
           never
           demolished
           ,
           so
           far
           as
           we
           can
           read
           of
           ,
           but
           at
           the
           special
           Command
           either
           of
           the
           people
           when
           the
           Government
           was
           popular
           ,
           or
           of
           Kings
           ,
           when
           the
           Government
           was
           kingly
           .
           And
           if
           the
           Scriptures
           do
           make
           mention
           of
           any
           Violence
           sometimes
           offered
           unto
           Kings
           ,
           it
           is
           not
           to
           justifie
           the
           fact
           ,
           but
           to
           shew
           the
           Equity
           of
           the
           Divine
           providence
           in
           permitting
           it
           .
           And
           whereas
           they
           of
           the
           contrary
           perswasion
           do
           frequently
           urge
           that
           excellent
           Saying
           of
           Trajan
           the
           Emperour
           ,
           who
           delivering
           a
           Sword
           to
           a
           Captain
           of
           the
           
             Praetorian
             Band
          
           ,
           said
           ,
           
             Hoc
             pro
             me
             u●ere
             ,
             si
             recte
             impero
             ;
             si
             male
             ,
             contra
             na
             :
          
           Use
           this
           Sword
           for
           me
           if
           I
           Govern
           well
           ,
           but
           if
           otherwise
           ,
           against
           me
           .
           We
           must
           know
           ,
           that
           Trajan
           (
           as
           appears
           by
           
           Pliny's
           Panegyrick
           )
           was
           not
           willing
           to
           assume
           unto
           himself
           Regal
           power
           ,
           but
           rather
           to
           behave
           himself
           as
           a
           good
           Prince
           ,
           who
           was
           willing
           to
           submit
           to
           the
           Judgment
           of
           the
           Senate
           and
           people
           ;
           whose
           Decrees
           he
           would
           have
           that
           Captain
           to
           execute
           ,
           though
           it
           were
           against
           himself
           .
           Whose
           Example
           both
           Pertinax
           and
           Macrinus
           did
           afterwards
           follow
           ▪
           whose
           excellent
           Speeches
           to
           this
           purpose
           are
           Recorded
           by
           Herodian
           .
           The
           like
           we
           read
           of
           
             M.
             Anthony
          
           ,
           who
           refused
           to
           touch
           the
           publick
           sure
           without
           the
           consent
           of
           the
           Roman
           Senate
           .
        
         
           7.
           
           
             Of
             Resistance
             in
             case
             of
             inevitable
             Necessity
             .
             ]
          
           But
           the
           Case
           will
           yet
           be
           more
           Difficult
           ,
           Whether
           this
           Law
           of
           not-Resisting
           do
           oblige
           us
           ,
           
           when
           the
           Dangers
           that
           threaten
           us
           be
           extream
           ,
           and
           otherwise
           inevitable
           .
           For
           some
           of
           the
           Laws
           of
           God
           Himself
           ,
           though
           they
           sound
           absolutely
           ,
           yet
           seem
           to
           admit
           of
           some
           tacite
           Exceptions
           in
           cases
           of
           Extream
           Necessity
           :
           For
           so
           it
           was
           ,
           by
           the
           wisest
           of
           the
           Jewish
           Doctors
           ,
           expresly
           determined
           concerning
           the
           Law
           of
           their
           Sabbath
           ,
           in
           the
           times
           of
           the
           Hasamonaeans
           ,
           whence
           rose
           that
           famous
           Saying
           among
           them
           ,
           
             Periculum
             animae
             impellit
             Sabbatum
          
           ;
           The
           danger
           of
           a
           man's
           Life
           drives
           away
           the
           Sabbath
           .
           When
           the
           Jew
           in
           Synesius
           ,
           was
           accused
           for
           the
           breach
           of
           the
           Sabbath
           ,
           he
           excuseth
           himself
           by
           another
           Law
           ,
           and
           that
           more
           forcible
           ,
           saying
           ,
           
             We
             were
             in
             manifest
             jeopardy
             of
             our
             lives
             .
          
           When
           Bacchides
           had
           brought
           the
           Army
           of
           the
           Jews
           into
           a
           great
           Strait
           on
           their
           Sabbath
           day
           ,
           placing
           cing
           his
           Army
           before
           them
           and
           behind
           them
           ,
           the
           River
           Jordan
           being
           on
           both
           sides
           ;
           Jonathan
           thus
           bespake
           his
           Souldiers
           ,
           
             Let
             us
             go
             up
             now
             &
             fight
             for
             our
             lives
             ,
             for
             it
             standeth
             not
             with
             us
             to
             day
             ,
             as
             in
             times
             past
             .
          
           (
           1.
           
           Mac.
           9.
           43
           ,
           44
           ,
           45.
           )
           Which
           case
           of
           Necessity
           is
           approved
           of
           ,
           even
           by
           Christ
           Himself
           ,
           as
           well
           in
           this
           Law
           of
           the
           Sabbath
           ,
           as
           in
           that
           of
           not
           eating
           the
           Shew-bread
           .
           And
           the
           Hebrew
           Doctors
           pretending
           the
           Authority
           of
           an
           ancient
           Tradition
           ,
           do
           rightly
           interpret
           their
           Laws
           made
           against
           the
           eating
           of
           meats
           forbidden
           ,
           with
           this
           tacite
           Exception
           :
           Not
           that
           it
           was
           not
           just
           with
           God
           to
           have
           obliged
           us
           even
           unto
           death
           ,
           but
           that
           some
           Laws
           of
           His
           are
           conversant
           about
           such
           matters
           as
           it
           cannot
           easily
           be
           believed
           that
           they
           were
           intended
           to
           have
           been
           prosecuted
           with
           so
           much
           Rigour
           as
           to
           reduce
           us
           to
           such
           an
           Extremity
           ,
           as
           to
           dy
           rather
           than
           to
           disobey
           them
           ,
           which
           in
           humane
           laws
           doth
           yet
           further
           proceed
           .
           I
           deny
           not
           ,
           but
           that
           some
           Acts
           of
           Vertue
           are
           so
           strictly
           enjoyned
           ,
           that
           if
           we
           perform
           them
           not
           ,
           we
           may
           justly
           be
           put
           to
           Death
           :
           As
           for
           a
           Centinel
           ,
           to
           forsake
           his
           Station
           .
           But
           neither
           is
           this
           rashly
           to
           be
           understood
           to
           be
           the
           Will
           of
           the
           Law-giver
           .
           Nor
           do
           men
           assume
           so
           much
           Right
           over
           either
           themselves
           or
           others
           ,
           unless
           it
           be
           when
           ,
           &
           so
           far
           forth
           as
           extreme
           Necessity
           requires
           it
           .
           For
           all
           humane
           laws
           are
           so
           constituted
           ,
           or
           so
           to
           be
           understood
           as
           that
           there
           should
           be
           some
           allowance
           for
           humane
           Frailty
           .
           The
           right
           understanding
           of
           this
           Law
           of
           
             Resisting
             or
             not-Resisting
          
           the
           Highest
           powers
           in
           cases
           of
           inevitable
           Necessity
           ,
           seems
           much
           to
           depend
           upon
           the
           Intention
           of
           those
           who
           first
           entered
           into
           Civil
           Society
           ,
           from
           whom
           the
           Right
           of
           Government
           is
           devolved
           upon
           the
           persons
           governing
           :
           who
           had
           they
           been
           demanded
           ,
           Whether
           they
           would
           have
           imposed
           such
           a
           yoke
           upon
           all
           Mankind
           as
           death
           it self
           ,
           rather
           than
           in
           any
           case
           by
           force
           to
           repel
           the
           Insolencies
           of
           their
           Superiours
           ;
           I
           much
           question
           whether
           they
           would
           have
           granted
           it
           ,
           unless
           it
           had
           been
           in
           such
           a
           case
           ,
           where
           such
           
           Resistance
           could
           not
           be
           made
           without
           great
           Commotions
           in
           the
           Common-Wealth
           ,
           or
           the
           certain
           Destruction
           of
           many
           Innocents
           ,
           for
           what
           Charity
           commends
           in
           such
           a
           case
           to
           be
           done
           ,
           may
           ,
           I
           doubt
           not
           ,
           pass
           for
           an
           humane
           Law.
           But
           some
           may
           say
           ,
           that
           this
           rigid
           Obligation
           ,
           ●o
           dye
           rather
           than
           at
           any
           time
           to
           Resist
           Injuries
           done
           by
           our
           Superiours
           ,
           is
           not
           imposed
           on
           us
           by
           any
           Humane
           ,
           but
           by
           the
           Divine
           Law.
           But
           we
           must
           observe
           ,
           That
           men
           did
           not
           
             at
             first
          
           unite
           themselves
           in
           Civil
           Society
           ,
           by
           any
           special
           Command
           from
           God
           ,
           but
           voluntarily
           ,
           out
           of
           a
           sence
           they
           had
           of
           their
           own
           impotency
           to
           repel
           force
           and
           Violence
           wh
           lst
           they
           lived
           solitarily
           ,
           and
           in
           Families
           appart
           ;
           whence
           the
           civil
           power
           takes
           it
           Rise
           :
           For
           which
           cause
           it
           is
           that
           St.
           Peter
           calls
           it
           an
           humane
           Ordinance
           ,
           although
           it
           be
           else-where
           called
           a
           Divine
           Ordinance
           ,
           because
           this
           wholesome
           Constitution
           of
           men
           was
           approved
           of
           by
           God
           Himsef
           .
           But
           God
           in
           approving
           an
           humane
           Law
           ,
           may
           be
           thought
           to
           approve
           of
           it
           as
           an
           humane
           law
           ,
           &
           after
           an
           humane
           manner
           .
           Barkly
           (
           who
           was
           the
           stoutest
           Champion
           in
           defending
           Kingly
           Power
           )
           doth
           notwithstanding
           thus
           far
           allow
           ,
           That
           the
           People
           or
           the
           Nobler
           part
           of
           them
           ,
           have
           a
           Right
           to
           defend
           themselves
           against
           cruel
           Tyranny
           ,
           and
           yet
           he
           confesseth
           ,
           that
           the
           whole
           Body
           of
           the
           people
           is
           subject
           unto
           the
           King.
           
             [
             Barkley
             .
             Lib.
          
           3.
           
             contra
             Monarchomach
             .
             c.
          
           8.
           ]
           Now
           this
           I
           shall
           easily
           admit
           ,
           That
           the
           more
           we
           desire
           to
           secure
           any
           thing
           by
           Law
           ,
           the
           more
           express
           and
           peremptory
           should
           that
           Law
           be
           ,
           and
           the
           fewer
           exceptions
           there
           should
           be
           from
           it
           ;
           (
           for
           they
           that
           have
           a
           mind
           to
           violate
           that
           Law
           ,
           will
           presently
           seek
           shelter
           ,
           and
           think
           themselves
           priviledged
           by
           those
           Exceptions
           ,
           though
           their
           Cases
           be
           far
           different
           ;
           )
           yet
           dare
           I
           not
           condemn
           indifferently
           either
           every
           private
           man
           ,
           or
           every
           ,
           though
           lesser
           part
           of
           the
           people
           ,
           who
           as
           their
           last
           Refuge
           ,
           in
           cases
           of
           extream
           Necessity
           ,
           have
           anciently
           made
           use
           of
           their
           Arms
           to
           defend
           themselves
           ,
           yet
           with
           respect
           had
           to
           the
           Common
           Good.
           For
           David
           ,
           who
           (
           saving
           in
           some
           particular
           Facts
           )
           was
           so
           celebrated
           for
           his
           integrity
           ,
           did
           yet
           entertain
           first
           four
           hundred
           ,
           and
           afterwards
           more
           armed
           men
           ;
           to
           what
           end
           ,
           unless
           for
           the
           safegaurd
           of
           his
           own
           person
           ,
           against
           any
           violence
           that
           should
           be
           offered
           him
           ?
           But
           this
           also
           we
           must
           note
           ,
           That
           David
           did
           not
           this
           until
           he
           had
           been
           assured
           ,
           both
           by
           Jonathan
           ,
           and
           by
           many
           other
           infallible
           Arguments
           ,
           that
           Saul
           sought
           his
           life
           ;
           and
           that
           even
           then
           ,
           he
           never
           invaded
           any
           City
           ,
           nor
           made
           an
           offensive
           Warr
           against
           any
           ▪
           but
           lurked
           only
           for
           his
           own
           security
           ,
           sometimes
           in
           Mountains
           ,
           sometimes
           in
           Caves
           ,
           and
           such
           like
           devious
           places
           ,
           and
           sometimes
           in
           forreign
           Nations
           ,
           with
           this
           Resolution
           ,
           to
           decline
           all
           occasions
           of
           annoying
           his
           own
           Countrey-men
           .
           
           A
           Fact
           parallel
           to
           this
           of
           
           David's
           ,
           we
           may
           read
           in
           the
           Maccabees
           :
           For
           whereas
           some
           seek
           to
           defend
           the
           Wars
           of
           the
           Maccabees
           upon
           this
           ground
           ,
           That
           Antiochus
           was
           not
           a
           King
           ,
           but
           an
           Usurper
           ;
           this
           I
           account
           but
           frivolous
           :
           for
           in
           the
           whole
           Story
           of
           the
           Macabees
           ,
           we
           shall
           never
           find
           Antiochus
           mentioned
           by
           any
           of
           their
           own
           party
           ,
           by
           any
           other
           Title
           than
           by
           that
           of
           King
           ;
           and
           deservedly
           :
           For
           the
           Hebrews
           had
           long
           before
           submitted
           to
           the
           〈◊〉
           Empire
           ,
           in
           whose
           Right
           Antiochus
           succeeded
           .
           And
           whereas
           the
           Hebrew
           Laws
           forbad
           a
           Stranger
           to
           be
           set
           over
           them
           ,
           this
           was
           to
           be
           understood
           by
           a
           voluntary
           Election
           ,
           and
           not
           by
           an
           involuntary
           Compulsion
           ,
           through
           the
           Necessity
           of
           the
           times
           .
           And
           whereas
           others
           say
           ,
           That
           the
           Maccabees
           did
           act
           by
           the
           peoples
           Right
           ,
           to
           whom
           belonged
           the
           Right
           of
           Governing
           themselves
           by
           their
           own
           Laws
           ,
           neither
           is
           this
           probable
           :
           For
           the
           Jews
           being
           first
           conquered
           by
           
             Nebuchad●osor
             ▪
          
           were
           by
           the
           Right
           of
           War
           subject
           unto
           him
           ,
           and
           afterwards
           became
           by
           the
           ●ame
           Law
           subject
           to
           the
           Medes
           and
           Persians
           ,
           as
           successours
           to
           the
           Chaldeans
           ,
           whose
           whole
           Empire
           did
           at
           last
           devolve
           upon
           the
           Macedonians
           And
           hence
           it
           is
           ,
           That
           the
           Jews
           ,
           in
           Tactius
           are
           termed
           
             The
             most
             servile
             of
             all
             the
             Eastern
             Nations
          
           ;
           neither
           did
           they
           require
           any
           Covenants
           or
           Conditions
           from
           Alexander
           or
           his
           successours
           ,
           but
           yielded
           themselves
           freely
           ,
           without
           any
           Limitations
           or
           Exceptions
           ,
           as
           before
           they
           had
           done
           unto
           Darius
           .
           And
           though
           they
           were
           permitted
           sometimes
           to
           use
           their
           own
           Rites
           ,
           and
           publickly
           to
           exercise
           their
           own
           Laws
           ,
           yet
           was
           not
           this
           due
           unto
           them
           by
           any
           Law
           that
           was
           added
           unto
           the
           Empire
           ,
           but
           only
           by
           a
           precarious
           Right
           that
           was
           indulged
           unto
           them
           by
           the
           Favour
           of
           their
           Kings
           .
           There
           was
           nothing
           then
           that
           could
           justifie
           the
           Maccabees
           in
           their
           taking
           of
           Arms
           ,
           but
           that
           invincible
           Law
           of
           
             Extream
             Necessity
          
           which
           might
           do
           it
           so
           long
           as
           they
           contained
           themselves
           within
           the
           bounds
           of
           Self-Preservation
           ,
           and
           in
           imitation
           of
           David
           ,
           betook
           themselves
           to
           secret
           places
           ,
           in
           order
           to
           their
           own
           security
           ;
           never
           offering
           to
           make
           use
           of
           their
           Armes
           unless
           violently
           assaulted
           .
           In
           the
           mean
           time
           ,
           great
           Care
           is
           to
           be
           taken
           ,
           that
           even
           when
           we
           are
           thus
           enforced
           to
           defend
           our selves
           in
           cases
           of
           certain
           and
           extream
           danger
           ,
           we
           spare
           the
           person
           of
           the
           King
           ;
           for
           they
           that
           conceive
           the
           carriage
           of
           David
           towards
           Saul
           ,
           to
           proceed
           not
           so
           much
           from
           the
           Necessity
           of
           Duty
           ,
           as
           out
           of
           some
           deeper
           consideration
           ,
           are
           mistaken
           :
           for
           David
           himself
           declares
           ,
           that
           no
           man
           can
           be
           innocent
           that
           stretcheth
           forth
           his
           hand
           against
           the
           Lord
           's
           Annointed
           :
           (
           1.
           
           Sam.
           26.
           9.
           )
           Because
           he
           very
           well
           knew
           that
           it
           was
           written
           in
           the
           Law
           ,
           
             Thou
             shal●
             not
             ●●e
             Gods
          
           ,
           that
           is
           the
           Supream
           Judges
           :
           
             Thou
             shalt
             not
             curse
             the
             Rulers
             of
             thy
             people
             .
             
             (
             Exod.
          
           22.
           28.
           )
           In
           which
           Law
           ,
           special
           mention
           being
           made
           of
           the
           Supream
           power
           ;
           it
           evidently
           shews
           That
           some
           special
           Duty
           towards
           them
           is
           required
           of
           us
           .
           Wherefore
           
             Optatus
             Melevitanus
          
           speaking
           of
           this
           Fact
           of
           David
           ,
           saith
           ,
           
             That
             God's
             special
             Command
             coming
             fresh
             into
             his
             memory
             ,
             did
             so
             restrain
             him
             ,
             that
             he
             could
             not
             hurt
          
           Saul
           ,
           
             though
             his
             mortal
             enemy
          
           .
           Wherefore
           he
           brings
           in
           David
           thus
           reasoning
           with
           himself
           ,
           
             Volebam
             hostem
             vincere
             ,
             sed
             prius
             est
             Divina
             praecepta
             observare
             ,
          
           Willingly
           I
           would
           overcome
           mine
           Enemy
           ,
           but
           I
           dare
           not
           transgress
           the
           Commands
           of
           God.
           
             [
             Lib.
          
           2.
           ]
           And
           Josephus
           speaking
           of
           David
           after
           he
           had
           cut
           off
           Sauls
           Garment
           ,
           saith
           ,
           
             That
             his
             heart
             smote
             him
          
           :
           So
           that
           he
           confessed
           ,
           
             Injustu●
             ▪
             facinus
             crat
             Regem
             suum
             occidere
             ,
          
           It
           was
           a
           a
           wicked
           act
           to
           kill
           his
           Soveraign
           .
           And
           presently
           after
           ,
           
             Horrendum
             Regem
             quamvis
             malum
             occid●re
             ,
             poenam
             enim
             id
             factenti
             imminere
             constat
             ,
             ab
             eo
             qui
             Regem
             dedit
             ,
          
           It
           is
           an
           horrid
           act
           to
           kill
           a
           King
           ,
           though
           wicked
           ,
           for
           certainly
           He
           ,
           by
           whose
           providence
           all
           Kings
           reign
           ,
           will
           pursue
           the
           Regicide
           with
           vengeance
           inevitably
           .
           To
           reproach
           any
           private
           man
           falsely
           is
           forbidden
           by
           the
           Law
           ,
           but
           of
           a
           King
           we
           must
           not
           speak
           evil
           ,
           though
           he
           deserve
           it
           ;
           because
           as
           he
           that
           wrote
           the
           Problems
           (
           fathered
           upon
           Aristotle
           )
           saith
           ,
           He
           that
           speaketh
           evil
           of
           the
           Governour
           ,
           scandalizeth
           the
           whole
           City
           .
           So
           Joab
           concludes
           concerning
           Shimei
           ,
           as
           Josephus
           testifies
           ,
           
             Shalt
             thou
             not
             dye
             ,
             who
             presumest
             to
             curse
             him
             whom
             God
             hath
             placed
             in
             the
             Throne
             of
             the
             Kingdom
             ?
          
           The
           Laws
           (
           saith
           Julian
           )
           are
           very
           severe
           on
           the
           behalf
           of
           Princes
           ,
           for
           he
           that
           is
           injurious
           unto
           them
           ,
           doth
           wilfully
           trample
           upon
           the
           Laws
           themselves
           .
           
             [
             Misopogoris
          
           ]
           Now
           if
           we
           must
           not
           speak
           evil
           of
           Kings
           ,
           much
           less
           must
           we
           do
           evil
           against
           them
           .
           David
           repented
           but
           for
           offering
           violence
           to
           
           Saul's
           Garments
           ,
           so
           great
           was
           the
           Reverence
           that
           he
           bare
           to
           his
           person
           ,
           and
           deservedly
           :
           For
           since
           their
           Soveraign
           power
           cannot
           but
           expose
           them
           to
           the
           General
           Hatred
           ,
           therefore
           it
           is
           sit
           ,
           that
           their
           security
           should
           especially
           be
           provided
           for
           .
           This
           ,
           saith
           
             Quintilian
             ,
             to
             the
             fate
             of
             such
             as
             sit
             at
             the
             Stern
             of
             Government
             ,
             that
             they
             cannot
             discharge
             their
             Duty
             faithfully
             ,
             nor
             provide
             for
             the
             publick
             safety
             ,
             without
             the
             envy
             of
             many
             .
          
           (
           And
           for
           this
           cause
           are
           the
           persons
           of
           Kings
           guarded
           with
           such
           severe
           Laws
           ,
           which
           seeem
           ,
           like
           
           Draco's
           ,
           to
           be
           wrote
           in
           blood
           ,
           )
           as
           may
           appear
           by
           those
           enacted
           by
           the
           Romans
           ,
           for
           the
           security
           of
           their
           Tribunes
           ,
           whereby
           their
           persons
           became
           inviolable
           .
           Amongst
           other
           wise
           Sayings
           of
           the
           Esseni
           ,
           this
           was
           one
           ,
           That
           the
           persons
           of
           Kings
           should
           be
           held
           as
           sacred
           .
           And
           that
           of
           Homer
           was
           ast
           noable
           ,
           
             
               His
               chiefest
               care
               was
               for
               the
               King
               ,
            
             
               That
               nothing
               should
               endanger
               him
               .
            
          
           
           And
           no
           marvel
           :
           For
           as
           St.
           Chrysostome
           well
           observes
           .
           
             If
             any
             man
             kill
             a
             sheep
             ,
             he
             but
             lessens
             the
             number
             of
             them
             ,
             but
             if
             he
             kill
             the
             Shepherd
             ,
             he
             dissipates
             the
             whole
             fl●ck
             .
          
           The
           very
           Name
           of
           a
           King
           ,
           as
           Curtius
           tel's
           us
           ,
           among
           such
           nations
           as
           were
           governed
           by
           Kings
           ,
           was
           as
           venerable
           as
           that
           of
           God.
           So
           Artabanus
           the
           Persian
           ,
           
             Amongst
             many
             and
             ●●●se
             most
             excellent
             Laws
             we
             have
             ,
             this
             seems
             to
             be
             the
             best
             ,
             which
             commands
             us
             to
             a●ore
             our
             Kings
             as
             the
             very
             image
             of
             God
             who
             is
             the
             Saviour
             of
             all
             .
          
           And
           therefore
           as
           Plutarch
           speakes
           ,
           
             Nec
             ●as
             ,
             nec
             l●i●um
             est
             Regis
             corpori
             manus
             inferre
             ,
          
           It
           is
           not
           permitted
           by
           the
           Laws
           of
           God
           or
           man
           ,
           to
           offer
           violence
           to
           the
           person
           of
           a
           King.
           But
           as
           the
           same
           Plutarch
           in
           another
           place
           tells
           us
           ,
           
             The
             principal
             part
             of
             〈◊〉
             is
             ▪
             to
             save
             him
             that
             saves
             all
             .
             If
             the
             eye
             observe
             a
             blow
             threatning
             the
             head
             ,
             the
             hand
             ,
             being
             instructed
             by
             nature
             ,
             interposeth
             it self
             ,
             as
             preferring
             the
             safety
             of
             the
             head
             (
             whereupon
             all
             other
             members
             depend
             )
             before
             their
             own
             .
          
           Wherefore
           ,
           as
           Cassiod●●e
           notes
           ,
           He
           that
           with
           the
           loss
           of
           his
           own
           life
           ,
           Redeems
           the
           Life
           of
           his
           Prince
           ,
           doth
           well
           ;
           if
           in
           so
           doing
           he
           propose
           to
           himself
           the
           freeing
           of
           his
           own
           soul
           ,
           rather
           than
           that
           of
           another
           mans
           body
           ,
           for
           as
           conscience
           teacheth
           him
           to
           express
           his
           sidelity
           to
           his
           Soveraign
           ;
           so
           doth
           right
           Reason
           instruct
           him
           to
           prefer
           the
           life
           of
           his
           Prince
           ,
           before
           the
           safety
           of
           his
           own
           body
           .
           But
           here
           a
           more
           difficult
           question
           ariseth
           ;
           as
           namely
           ,
           Whether
           what
           was
           lawful
           for
           David
           and
           the
           Maccabees
           ,
           be
           likewise
           lawful
           for
           us
           Christians
           :
           Or
           whether
           Christ
           who
           so
           often
           enjoins
           us
           to
           take
           up
           our
           Cross
           ,
           do
           not
           require
           from
           us
           a
           greater
           measure
           of
           patience
           ?
           Surely
           ,
           where
           our
           Superiours
           threaten
           us
           with
           Death
           upon
           the
           account
           of
           Religion
           ,
           our
           Saviour
           advised
           such
           as
           are
           not
           obliged
           by
           the
           necessary
           Duties
           of
           their
           Calling
           to
           reside
           in
           any
           one
           place
           ,
           to
           flee
           ,
           but
           beyond
           this
           ,
           nothing
           .
           St.
           Peter
           tells
           us
           ,
           That
           
             Christ
             in
             his
             suffering
             left
             us
             an
             ensample
             ,
             who
             tho'
             he
             knew
             no
             sin
             ,
             nor
             had
             any
             guile
             found
             in
             his
             mouth
             ,
             yet
             being
             reviled
             ,
             reviled
             not
             again
             ,
             when
             he
             suffered
             ,
             he
             threatned
             not
             ,
             but
             remmitted
             his
             cause
             to
             him
             that
             judgeth
             righteously
          
           (
           1.
           
           Pet.
           4.
           12
           ,
           13
           ,
           14
           ,
           15
           ,
           16.
           )
           ▪
           Nay
           he
           adviseth
           us
           to
           give
           thanks
           unto
           God
           ,
           and
           to
           rejoice
           when
           we
           suffer
           persecution
           for
           our
           Religion
           :
           and
           we
           may
           read
           how
           mightily
           Christian
           Religion
           hath
           grown
           and
           been
           advanced
           by
           this
           admirable
           gift
           of
           patience
           ,
           wherefore
           how
           injurious
           to
           those
           anc
           ent
           Christians
           (
           who
           (
           living
           in
           or
           near
           the
           times
           of
           either
           the
           Apostles
           themselves
           or
           men
           truly
           Apostolical
           )
           must
           needs
           be
           well
           instructed
           in
           their
           Discipline
           ,
           and
           consequently
           walked
           more
           exactly
           according
           to
           their
           Rules
           ,
           yet
           suffered
           death
           for
           their
           saith
           )
           how
           injurious
           I
           say
           ,
           to
           these
           men
           ,
           are
           they
           ,
           who
           hold
           that
           they
           wanted
           not
           a
           Will
           to
           resist
           ,
           but
           rather
           a
           power
           to
           defend
           themselves
           at
           the
           approach
           of
           death
           ?
           
           Surety
           Tertullian
           had
           never
           been
           so
           imprudent
           ,
           nay
           ,
           so
           impudent
           as
           so
           considently
           to
           have
           affirmed
           such
           an
           untruth
           ,
           whereof
           he
           knew
           the
           Emperor
           could
           not
           be
           ignorant
           ,
           when
           he
           wrote
           thus
           unto
           him
           ,
           
             If
             we
             had
             a
             will
             to
             take
             our
             private
             Revenge
             ,
             or
             to
             act
             as
             publick
             Enemies
             ,
             could
             we
             want
             either
             num●●rs
             of
             men
             ,
             or
             stores
             of
             warlike
             Previsions
             ?
             Are
             the
          
           Moors
           ,
           Germans
           ,
           Partisians
           ,
           
             or
             the
             people
             of
             any
             one
             Nation
             ,
             more
             than
             those
             of
             the
             whole
             Worl●
             ?
             We
             ,
             though
             strangers
             ,
             yet
             d●
             fill
             all
             places
             in
             your
             Dominions
             ;
             your
             Cities
             ,
             Islands
             ,
             Castles
             ,
             Forts
             ,
             Assemblies
             ,
             your
             very
             Camps
             ,
             Tribes
             ,
             Cour●s
             ,
             Palaces
             ,
             Se●●
             es
             ;
             only
             your
             Temples
             we
             leave
             to
             your selves
             :
             For
             what
             war
             have
             we
             not
             alwaies
             declared
             our selves
             sit
             and
             ready
             ,
             though
             in
             Numbers
             of
             men
             we
             have
             sometimes
             been
             very
             unequal
             ?
             How
             cometh
             it
             then
             to
             p
             ss
             ,
             that
             we
             suffer
          
           Death
           
             so
             meekly
             ,
             so
             patiently
             ,
             but
             that
             we
             are
             instructed
             by
             our
          
           Religion
           ,
           
             that
             it
             is
             much
             better
             to
             be
             killed
             than
             to
          
           kill
           ?
           Cyprian
           also
           treading
           in
           his
           Masters
           steps
           ,
           openly
           declares
           ,
           
             That
             it
             was
             from
             the
             principles
             of
             their
             Religion
             ,
             that
             Christians
             being
             apprehended
             ,
             made
             no
             Resistance
             ,
             nor
             attempted
             any
             revenge
             for
             injuries
             unjustly
             done
             them
             ,
             though
             they
             wanted
             neither
             numbers
             of
             men
             ,
             nor
             other
             means
             to
             have
             resisted
             ,
             but
             it
             was
             their
             confidence
             of
             some
             divi●e
             Vengeance
             that
             would
             fall
             upon
             their
             persecutors
             ,
             that
             made
             them
             thus
             patient
             ,
             &
             that
             perswaded
             the
             innocent
             to
             give
             way
             to
             the
             nocent
             .
          
           [
           Lib.
           5.
           ]
           So
           Lactantius
           ,
           
             We
             are
             willing
             to
             conside
             in
             the
             Majesty
             of
             God
             ,
             who
             is
             able
             ,
             as
             well
             to
             revenge
             the
             contempt
             done
             to
             Himself
             ,
             as
             the
             injuries
             and
             hardships
             done
             unto
             us
             :
             Wherefore
             ,
             though
             our
             sufferings
             be
             such
             as
             cannot
             be
             expressed
             ,
             yet
             we
             do
             not
             mutter
             a
             word
             of
             discontent
             ,
             but
             refer
             our selves
             wholly
             to
             him
             who
             judgeth
             righteously
             .
          
           And
           to
           the
           same
           tune
           sings
           St
           Augustine
           ,
           
             When
             Princes
             err
             ,
             they
             presently
             make
             Laws
             to
             legitimate
             their
             errors
             ,
             and
             by
             those
             very
             laws
             they
             judge
             the
             innocent
             ,
             who
             are
             at
             length
             crowned
             with
             Martyrd●m
             .
          
           [
           Ep
           166.
           ]
           And
           in
           another
           place
           ,
           
             Tyran's
             are
             so
             to
             be
             endured
             by
             their
             subjects
             ,
             &
             hard
             Masters
             by
             their
             servants
             ,
             that
             both
             their
             temporal
             lives
             (
             if
             possible
             〈◊〉
             may
             be
             preserved
             ,
             and
             yet
             their
             eternal
             safety
             carefully
             provided
             for
             :
          
           Which
           he
           illustrates
           by
           the
           examples
           of
           the
           primitive
           Christians
           ,
           
             Who
             though
             they
             then
             s●
             journed
             upon
             earth
             as
             〈…〉
             numbers
             of
             〈…〉
             them
             ,
             yet
             ●h●se
             rather
             patiently
             to
             s●ffer
             all
             manner
             of
             torments
             ,
             than
             forcibly
             to
             resist
             th●●e
             persecutors
             :
             Neither
             would
             they
             sight
             to
             preserve
             their
             〈◊〉
             lives
             ,
             but
             chose
             rather
             not
             to
             sight
             ,
             th●t
             so
             they
             might
             ensure
             unto
             themselves
             an
             eternal
             .
             For
             they
             endured
             Bonds
             ,
             S●●ipes
             ,
             imprisonment
             the
             〈◊〉
             the
             Fire
             ,
             the
             Cross
             ;
             they
             were
             ●lead
             alive
             ,
             killed
             ,
             and
             quartered
             ,
             and
             ,
             ye●
             they
             multiplied
             ;
             they
             esteemed
             this
             life
             not
             worth
             the
             sighting
             for
             ,
             so
             that
             with
             the
             loss
             of
             it
             they
             ●ight
             purchase
             what
             so
             eagerly
             they
             panted
             after
             ,
             a
             better
             .
          
           Of
           the
           same
           opinion
           was
           Cyril
           ,
           as
           may
           appear
           by
           many
           notable
           
           Sayings
           of
           his
           upon
           that
           place
           of
           St.
           John
           ,
           where
           he
           treats
           of
           
           Peter's
           Sword.
           The
           Thebean
           Legion
           ,
           we
           read
           ,
           consisted
           of
           6666.
           
           Souldiers
           ,
           and
           all
           Christians
           ,
           who
           when
           the
           Emperour
           Maximianus
           would
           have
           compelled
           the
           whole
           Army
           to
           sacrifice
           to
           Idols
           ,
           first
           removed
           their
           Station
           to
           Agaunus
           ,
           and
           when
           upon
           fresh
           orders
           sent
           after
           them
           ,
           they
           refused
           to
           come
           ,
           Maxin●tanus
           commanded
           his
           officers
           to
           put
           every
           tenth
           man
           to
           Death
           ,
           which
           was
           easily
           done
           ,
           no
           man
           offering
           to
           resist
           :
           At
           which
           time
           Mauritius
           (
           who
           had
           the
           chief
           Command
           in
           that
           Legion
           ,
           and
           from
           whom
           the
           Town
           Agaunus
           in
           Switzer-land
           was
           afterwards
           called
           St.
           Mauritz
           ,
           as
           Encherius
           ,
           Bishop
           of
           Lyons
           ,
           records
           )
           thus
           bespake
           his
           fellow
           souldiers
           ,
           
             How
             fearful
             was
             I
             lest
             any
             of
             you
             under
             the
             pretence
             of
             defending
             your selves
             (
             as
             was
             easie
             for
             men
             armed
             as
             ye
             are
             to
             have
             done
             )
             should
             have
             attempted
             by
             force
             to
             have
             rescued
             from
             death
             those
             blessed
             Martyrs
             ?
             which
             had
             you
             done
             ,
             I
             was
             sufficiently
             instructed
             by
             Christs
             own
             example
             to
             have
             forbidden
             it
             ,
             who
             expresly
             remanded
             that
             Sword
             into
             its
             sheath
             ,
             that
             was
             but
             drawn
             in
             his
             own
             defence
             ;
             thereby
             teaching
             us
             that
             our
             Christian
             Faith
             is
             much
             more
             prevalent
             than
             all
             other
             arms
             .
          
           This
           tragick
           Act
           being
           past
           ,
           the
           Emperor
           commanding
           the
           same
           thing
           to
           the
           survivours
           ,
           as
           he
           had
           done
           before
           to
           the
           whole
           Legion
           ,
           they
           unanimously
           returned
           him
           this
           answer
           ,
           
             I
             ●i
             quidem
          
           ,
           Caesar
           ,
           
             milites
             sumus
             ,
             &c.
             
             We
             are
             thy
             Soldiers
             ,
             O
          
           Caesar
           ,
           
             we
             took
             arms
             for
             the
             defence
             of
             the
          
           Roman
           Empire
           ;
           
             we
             never
             yet
             deserted
             the
             war
             ,
             nor
             betrayed
             the
             trust
             reposed
             in
             us
             ;
             we
             were
             never
             yet
             branded
             with
             fear
             or
             cowardise
             ,
             but
             have
             alwaies
             observed
             thy
             commands
             ,
             until
             being
             otherwise
             instructed
             by
             our
             Christian
             Laws
             ,
             we
             refuse
             to
             worship
             the
             devil
             ,
             or
             to
             aproach
             those
             altars
             that
             are
             polluted
             with
             blood
             .
             We
             find
             by
             thy
             commands
             ,
             that
             thou
             resolvest
             either
             to
             draw
             us
             into
             Idolatry
             ,
             or
             to
             offright
             us
             by
             putting
             every
             tenth
             man
             of
             us
             to
             death
             :
             make
             no
             further
             search
             after
             those
             that
             are
             willing
             to
             lye
             concealed
             ;
             but
             know
             that
             we
             are
             all
             of
             us
             Christians
             ,
             all
             our
             bodies
             thou
             hast
             indeed
             under
             thy
             power
             ,
             but
             our
             souls
             are
             subject
             only
             to
             Christ
             our
             redeemer
             .
          
           Then
           Enuperius
           being
           the
           Standard-bearer
           to
           that
           Legion
           thus
           bespeak
           them
           ,
           
             Hukerto
             ,
             Fellow-Sol●i●●s
             ,
             I
             have
             carried
             the
             Standard
             before
             you
             in
             this
             secular
             war
             ,
             but
             it
             is
             not
             unto
             these
             arms
             that
             I
             am
             now
             to
             invite
             you
             ,
             it
             is
             not
             unto
             these
             wars
             that
             I
             now
             excite
             your
             valour
             ,
             for
             now
             we
             are
             to
             practise
             another
             kind
             of
             waarfare
             ;
             for
             with
             these
             weapons
             ye
             can
             never
             enforce
             your
             way
             into
             the
             kingdom
             of
             heaven
             .
          
           And
           by
           &
           by
           he
           sends
           this
           Message
           to
           the
           Emperor
           ,
           
             Against
             thee
             ,
             O
          
           Caesar
           ,
           
             Desperation
             it self
             (
             which
             usually
             makes
             even
             Cowards
             valiant
             )
             cannot
             prevail
             with
             us
             to
             take
             arms
             .
             Behold
             ,
             we
             have
             our
             weapons
             sixt
             ,
             yet
             will
             we
             not
             resist
             ;
             because
             we
             chuse
             rather
             to
             be
             killed
             by
             thee
             than
             to
             overcome
             thee
             ,
             and
             to
             dye
             innocents
             ,
             than
             to
             live
             rebels
             to
             either
             God
             or
             thee
             .
          
           And
           a
           little
           after
           he
           adds
           ,
           
             Tela
             projicimus
          
           ,
           
           &c.
           
           
             We
             abandon
             our
             arms
             ,
             O
             Emperour
             ,
             &
             will
             meet
             thy
             messengers
             of
             death
             with
             naked
             breasts
             ,
             yet
             with
             hearts
             strongly
             munited
             with
             Christian
             Faith.
          
           And
           presently
           after
           followed
           that
           general
           Massacre
           of
           the
           Thebean
           Band
           ,
           whereof
           Eutherius
           gives
           this
           Narrative
           ,
           
             It
             was
             neither
             their
             Innocence
             nor
             their
             Numbers
             ,
             that
             could
             exempt
             them
             from
             death
             ,
             whereas
             in
             other
             more
             dangerous
             tumults
             ,
             a
             multitude
             though
             offending
             ,
             are
             rarely
             punished
             .
          
           The
           same
           story
           in
           the
           old
           Martyrology
           we
           find
           thus
           recorded
           ,
           
             They
             were
             every
             where
             wounded
             with
             swords
             ,
             yet
             they
             cryed
             not
             out
             ,
             but
             disdaining
             the
             use
             of
             their
             Arms
             ,
             they
             exposed
             their
             breasts
             naked
             to
             their
             persecutors
             :
             It
             was
             neither
             their
             numbers
             nor
             their
             experience
             in
             war
             ,
             that
             could
             perswade
             them
             to
             assert
             the
             equity
             of
             their
             cause
             by
             their
             swords
             ,
             but
             placing
             His
             example
             alwaies
             before
             them
             ,
             who
             was
             led
             to
             the
             slaughter
             dumb
             ,
             and
             like
             a
             Lamb
             to
             be
             sacrificed
             ,
             opened
             not
             his
             mouth
             ;
             they
             also
             in
             imitation
             of
             Him
             ;
             like
             the
             innocent
             slock
             of
             Christ
             ,
             suffered
             themselves
             to
             be
             worried
             and
             torn
             in
             peices
             by
             an
             herd
             of
             persecuting
             wolves
             .
          
           Thus
           also
           do
           the
           Jews
           of
           Alexandria
           ,
           testifie
           their
           innocency
           before
           
             Flaccus
             ,
             We
             are
             ,
             as
             thou
             seest
             ,
             unarmed
             ,
             and
             yet
             we
             are
             accused
             unto
             thee
             as
             publick
             enemies
             to
             the
             state
             :
             these
             hands
             which
             nature
             hath
             given
             us
             for
             our
             defence
             ,
             we
             have
             caused
             to
             be
             pinnacled
             behind
             us
             ,
             where
             they
             are
             of
             little
             use
             ,
             &
             our
             breasts
             we
             expose
             naked
             to
             every
             man
             that
             hath
             a
             mind
             to
             kill
             us
             .
          
           And
           when
           the
           Emperor
           Valens
           cruelly
           persecuted
           those
           Christians
           ,
           which
           according
           to
           the
           Holy
           Scriptures
           ,
           &
           the
           Traditions
           of
           the
           Ancient
           Fathers
           ,
           profest
           Christ
           to
           be
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           ,
           that
           is
           ,
           
             Co-essential
             with
             the
             Father
          
           ;
           though
           there
           were
           every
           where
           great
           Multitudes
           of
           them
           ,
           yet
           did
           they
           never
           attempt
           by
           arms
           to
           secure
           themselves
           .
           Surely
           ,
           wheresoever
           Patience
           in
           times
           of
           persecution
           is
           commended
           unto
           us
           ,
           there
           we
           find
           Christ's
           own
           example
           held
           out
           unto
           us
           (
           as
           we
           read
           it
           was
           to
           the
           Thebean
           Legion
           )
           for
           our
           imitation
           .
           As
           therefore
           His
           patience
           ,
           so
           ours
           ,
           should
           have
           no
           bounds
           nor
           limits
           but
           death
           it self
           .
           And
           he
           that
           thus
           loseth
           his
           life
           ,
           is
           truly
           said
           by
           Christ
           Himself
           to
           find
           it
           .
        
         
           Secondly
           .
           These
           measures
           could
           never
           
             better
             our
             Condition
          
           ,
           nor
           
             redress
             our
             Grievances
          
           ,
           unless
           we
           should
           be
           so
           vain
           to
           imagine
           our selves
           capable
           of
           waging
           war
           with
           the
           Crown
           of
           England
           ,
           and
           all
           its
           Allies
           .
           Is
           the
           KING
           so
           petty
           and
           inconsiderable
           a
           Prince
           that
           He
           should
           be
           forced
           ?
           Or
           can
           we
           think
           that
           the
           noise
           of
           our
           
             Thousands
             and
             Ten
             Thousands
          
           will
           frighten
           Him
           into
           a
           Compliance
           ?
           Without
           doubt
           if
           we
           do
           ,
           we
           shall
           too
           too
           late
           find
           our
           mistake
           ,
           and
           a
           woful
           experience
           will
           quickly
           teach
           us
           ,
           that
           the
           sole
           want
           of
           
             Their
             Majesties
          
           Protection
           ,
           will
           in
           a
           very
           short
           time
           reduce
           us
           to
           the
           most
           miserable
           &
           deplorable
           condition
           in
           the
           world
           .
        
         
         
           But
           perhaps
           we
           may
           fancy
           that
           this
           action
           of
           ours
           hath
           exremely
           obliged
           Them
           ,
           and
           that
           all
           things
           now
           are
           become
           justly
           due
           to
           the
           merits
           of
           our
           services
           :
           't
           will
           do
           very
           well
           if
           it
           be
           so
           understood
           ,
           but
           I
           cannot
           see
           the
           least
           probability
           of
           such
           a
           Construction
           ;
           for
           we
           have
           sufficiently
           manifested
           in
           our
           Declaration
           ,
           that
           Self-interest
           was
           the
           first
           and
           principal
           motive
           to
           our
           Undertaking
           ,
           and
           our
           Progress
           doth
           plainly
           demonstrate
           ,
           that
           we
           have
           only
           made
           use
           of
           Their
           Names
           ,
           the
           better
           to
           effect
           our
           own
           Designs
           ;
           whilest
           every
           thing
           that
           hath
           any
           Relation
           to
           Them
           ,
           lies
           neglected
           &
           unregarded
           ,
           without
           any
           recognition
           of
           Their
           Authority
           over
           these
           Dominions
           ,
           or
           the
           least
           Acknowledgment
           of
           our
           Submission
           to
           such
           orders
           as
           should
           come
           from
           Them
           ;
           saving
           what
           particularly
           related
           to
           some
           
             few
             ill
             men
          
           (
           as
           we
           call
           them
           )
           whom
           we
           have
           imprisoned
           &
           detained
           without
           any
           Law
           or
           Reason
           ;
           so
           that
           we
           have
           rashly
           &
           imprudently
           adventur'd
           our
           All
           upon
           a
           chance
           ,
           (
           not
           an
           equal
           one
           )
           whether
           it
           will
           be
           well
           ,
           or
           ill
           taken
           :
           if
           well
           ,
           we
           can
           expect
           nothing
           more
           than
           what
           we
           should
           have
           had
           by
           sitting
           still
           &
           quiet
           ,
           unless
           it
           be
           a
           vast
           Charge
           ,
           Trouble
           &
           Expence
           ,
           which
           we
           have
           inevitably
           brought
           upon
           our selves
           :
           if
           ill
           ,
           what
           will
           be
           the
           Event
           ?
        
         
           In
           the
           first
           place
           our
           Countrey
           ,
           which
           hath
           been
           so
           remarkable
           for
           the
           true
           Profession
           and
           pure
           Exercise
           of
           the
           Protestant
           Religion
           ,
           will
           be
           termed
           a
           Land
           full
           of
           Hypocrisie
           ,
           REBELLION
           ,
           Irreligion
           ,
           and
           what
           not
           ;
           and
           we
           our selves
           a
           degenerate
           ,
           wicked
           people
           ,
           that
           have
           fallen
           from
           the
           practises
           of
           our
           Fore-fathers
           ,
           and
           the
           purity
           of
           our
           first
           principles
           .
        
         
           2.
           
           In
           all
           our
           Pamphlets
           and
           Discourses
           ,
           we
           have
           so
           magnified
           our
           Action
           ,
           and
           boasted
           of
           the
           vast
           numbers
           we
           can
           bring
           into
           the
           Field
           ,
           that
           it
           must
           be
           of
           great
           import
           to
           the
           Crown
           of
           England
           to
           curb
           us
           &
           in
           time
           to
           reduce
           us
           to
           our
           former
           obedience
           ;
           &
           no
           body
           will
           imagine
           it
           consistent
           with
           the
           interest
           of
           that
           Crown
           ,
           any
           more
           to
           trust
           Government
           in
           the
           hands
           of
           a
           people
           ,
           so
           ready
           &
           so
           able
           upon
           all
           occasions
           to
           set
           up
           for
           themselves
           ,
           and
           the
           stronger
           we
           are
           ,
           the
           more
           need
           there
           will
           be
           to
           keep
           us
           under
           .
        
         
           3.
           
           And
           lastly
           ,
           We
           shall
           realy
           endure
           and
           undergo
           all
           those
           Miseries
           &
           Calamities
           which
           we
           sancied
           to
           our selves
           under
           the
           late
           Government
           ;
           and
           become
           the
           Scorn
           and
           By-word
           of
           all
           our
           Neighbours
           .
        
         
           What
           then
           remains
           ,
           but
           that
           
             whilst
             it
             is
             yet
             called
             today
             ,
          
           w●
           should
           endeavour
           to
           settle
           our selves
           in
           such
           a
           Posture
           ,
           as
           may
           at
           least
           mitigate
           ,
           if
           not
           wholly
           prevent
           the
           before-mentioned
           inconveniences
           .
           If
           our
           Charter
           be
           restored
           such
           a
           Condition
           cannot
           burt
           us
           ;
           but
           the
           〈◊〉
           of
           it
           may
           ;
           for
           we
           are
           accountable
           for
           every
           Action
           &
           every
           false
           Step
           we
           make
           after
           the
           date
           of
           it
           ,
           &
           render
           our selves
           lyable
           to
           be
           Questioned
           &
           Quo-Warrant●'d
           for
           
           our
           Male
           ▪
           feazance
           whensoever
           the
           Supream
           Authority
           shall
           think
           it
           meet
           ;
           if
           not
           ,
           it
           must
           be
           of
           great
           service
           to
           us
           to
           be
           found
           in
           a
           submissive
           and
           humb●e
           posture
           ,
           sit
           &
           ready
           to
           receive
           Their
           Majesties
           Commands
           ;
           lest
           while
           we
           〈◊〉
           our selves
           too
           much
           ,
           upon
           our
           own
           merits
           ,
           we
           become
           unwor●
           〈…〉
           Favour
           in
           a
           most
           gracious
           pardon
           ▪
           without
           which
           〈…〉
           we
           will
           )
           we
           never
           can
           be
           safe
           &
           secure
           from
           the
           severity
           of
           〈…〉
           which
           we
           have
           indisputably
           violated
           ,
           in
           matters
           of
           the
           highest
           〈…〉
           consequence
           imaginable
           .
        
         
           〈…〉
           good
           man
           will
           seriously
           &
           impartially
           consider
           the
           foregoing
           〈◊〉
           and
           suffer
           himself
           to
           be
           guided
           by
           the
           Dictates
           of
           Reason
           ,
           and
           not
           of
           Humour
           or
           Prejudice
           ,
           and
           then
           I
           am
           well
           assured
           ,
           it
           will
           be
           evident
           enough
           ,
           that
           we
           have
           mistaken
           our
           Measures
           ,
           and
           that
           a
           timely
           recess
           ,
           willsno●e
           .
           Ad●antage
           us
           than
           an
           obstinate
           and
           wilful
           perseverance
           ,
           &
           that
           nothing
           but
           such
           a
           Remedy
           can
           restore
           our
           almost
           ▪
           perishing
           &
           und●ne
           C●un●rey
           ,
           to
           a
           lasting
           Peace
           and
           happy
           Settlement
           :
           Which
           that
           GOD
           of
           His
           mercy
           would
           grant
           us
           ,
           shall
           ever
           be
           the
           hearty
           prayers
           of
        
         
           
             F.
             L.
             
          
        
         
           
             POSTCRIPT
             .
          
           
             I
             Was
             principally
             induced
             to
             direct
             the
             precedent
             Discourse
             to
             you
             ,
             Gentlemen
             ,
             because
             I
             would
             rightly
             be
             understood
             ,
             which
             I
             'm
             sure
             I
             can
             never
             fail
             of
             by
             persons
             of
             your
             Learning
             and
             Worth
             ,
             and
             I
             hope
             you
             will
             be
             so
             kind
             to
             me
             &
             so
             just
             to
             your
             Countrey
             ,
             to
             let
             me
             know
             in
             the
             most
             
               publick
               manner
            
             you
             can
             ,
             wherein
             I
             have
             mistaken
             the
             matter
             either
             in
             point
             of
             Fact
             or
             Judgment
             ;
             but
             if
             I
             have
             been
             so
             fortunate
             to
             Convince
             you
             ,
             that
             wrong
             measures
             have
             been
             taken
             ,
             and
             that
             the
             people
             had
             no
             reason
             for
             what
             they
             have
             done
             ,
             nor
             no
             bott●●
             for
             what
             they
             are
             yet
             doing
             ;
             let
             me
             tell
             〈…〉
             your
             〈◊〉
             not
             only
             to
             admonish
             them
             〈…〉
             to
             such
             a
             temper
             as
             becomes
             〈◊〉
             men
             &
             good
             Christians
             ,
             for
             which
             you
             will
             have
             the
             praise
             and
             God
             the
             Glory
             .
          
        
         
           FINIS
           .
        
      
    
     
       
         
           Errata
           .
        
         
           PAge
           6.
           line
           1.
           dele
           may
           .
           p.
           10.
           l.
           2
           ▪
           〈◊〉
           Por●●gals
           .
           p.
           12.
           the
           first
           line
           of
           the
           fifth
           Article
           is
           wholly
           omitted
           ,
           which
           read
           thus
           [
           5
           
             thly
             Wh●t
             is
             meant
             by
             I●ferments
             ,
             and
             who
             are
             called
             strangers
             ▪
             ]
          
           p.
           14.
           l.
           ult
           .
           dele
           the.
           p.
           25.
           l
           6.
           r.
           Summum
           .
           p.
           Ibid.
           l.
           37.
           r.
           ariseth
           .
           p.
           27.
           l.
           27.
           r.
           Protection
           .
           p.
           28
           line
           13
           for
           menttor
           ,
           r.
           mentior
           .
           p
           30.
           l.
           30.
           r.
           Regnum
           .
           p.
           32.
           l.
           25.
           r.
           endangered
           .
           l.
           31.
           r.
           even
           in
           this
           age
           .
           l.
           32.
           r.
           too
           .
           l.
           37
           r.
           Genus
           .
           p.
           30.
           l.
           37.
           r.
           Treasure
           .
           p.
           38.
           l.
           11.
           dele
           a.
           l.
           37.
           r.
           as
           notable
           .