A BRIEFE-ANSWERE, TO THE LATE-RESOLVES Of the Commons Assembled in Parliament, Concerning Ministers, their Preaching and Praying. AMOS. 2.12.14.15. Ye Commanded the Prophets, saying; Prophecy not. Therefore the strong shall not strengthen his force, neither shall the mighty save his Life. He that handleth the Bow shall not stand, neither shall he that rideth the Horse escape. AMOS. 3.8. The Lord hath spoken who can but Prophecy? 2 TIM. 4.2.3. Preach the Word, Improve, Rebuke. For the time will come when they will not suffer wholesome Doctrine, but having their ears itching, shall after their own Lusts, get them an heap of Teachers. LONDON, Printed 1649. The preface. THOUGH the wildness of th●se three Resolves (which 〈◊〉 their own dr●sse do● sufficiently discover the distempered humours of the resolver's, and the distracted stains of the Person or Persons that propounded the Questions; or [to speak: the proper language of the ●east Rev. 13.1.4.] put them to the Vo●●) be apparent to th●se ingen●ous Spirits who are able to discern or estimate the weight of sound or solid Demonstrations, and so might have saved me, or any other the labour, to obovate them for ●s, and discover their Diametricall-Opposition i● the Law of God, and the practice of his Servants 〈◊〉 Yet because the iniquity of our degenerated Age, & the Frenzy of the inter●●●ed ignorant Vulgar is such, as makes them apt to grant all for Lawful and Just, which they Resolve and Publish, because of their present Height and Greatness: Therefore I concluded that I was bound in Conscience to give Testimony to the Tr●th [from which 〈◊〉 Authority whatsoever, much less that which is usurped, should make ●s swerve] which encouraged me to undertake the Task; so to un-deceive the deceived; bring into the way of Truth those that have erred or been seduced, and stay all others from entering those dangerous paths, into which by these Resolves, they may else [in the simplicity of their hearts] ●e misled; which if it effect; I have gained the end of my Desires, and the Purchaser of this short Answer will be no lo●ser by the Bargain. The Resolves of the Commons, etc. THOUGH the Face be Resolved, yet the Body is a Law: For it consists of those two parts which constitute it such; Precept and Penalty. The Precept of it is three fold; the Penalty One and the same. This Piece labours to enervate the power of the Precepts, by discovering the groundless foundation of the Law, and proving it invalid, not binding. This performed, I will not, none need to be afraid of their Bugbear, Penalty. That Law is not binding, which is not Constituted by a lawfull-Authority. The Commons (assembled in Parliament) alo●e, are no lawfull-Authority. Therefore this Law (called Resolves) Constituted by the Commons (assembled in Parliament) alone, is not binding. That the House of Commons, alone, (though as they are at present we may deny them to be any House at all, but a * Ezech. 2, ● Rebellious-House, is no lawful Authority, may appear clearly unto all unbiased Judgements, if they take notice of these Reasons. The Commons, alone, are no Parliament; and therefore no lawful Authority without the King and Lords. For First, by, and in the very primitive Constitution of our English Parliaments, it was most unanimously agreed by the kingdoms and People's general and uncompelled consent, that our Parliament should be constituted and made up, not of Knights and Burgesses only, elected by Freeholders' [a] H. 6. c. 7. ●0. H. 6. c. 2. ●. H. 6. c. 15 ●romp●on Ja●isdict. p. 1.2. ●. cook 4. In●●t. c. 1. and Burgesses (not by the generalite of the vulgar People, who do now claim and usurp this right of Election, as these resolver's do of Law-giving) but likewise of the King, the [b] Cook In●it. c. 1. u. 1. ●. ●●dus tenendi Parliamentum ●●ompton Ju●isdict. of court's Tit. parliament. At. Seldens ●it honour par. ●. 6.5. Supreme Member (for by his Writs the Parliament were to be summoned) and of the Lords, Peers, Barons and great Officers of the Realm; who also ought of right, and for the perfect Constitution and making up of a Parliament, to Sat, Vote, make Laws, and give Judgement. And all our Law-bookes [c] 33. H. 6.6.9. E. 3.7. 〈◊〉. Parl. 4. ●. H. 7.18. ●. H. 7. 14. ●remptons Ju●●sdict. p. 9. ●udge Huttons ●●gument of 〈◊〉. Hembdens' ●●se p. 32.33. do Resolve, that without this threefold concurrent assent, there is not, neither can there be any binding Law made. Therefore this Law made by the Commons, alone, without the concurrent assent of the other two Members, is not binding. 2. That the Commons, alone, are no Parliament; but that the King and Lords with them, make up a complete Parliament, is apparent by Hutton's Argument of Mr. Hampden's Case, pa. 32. 33. Judge by the practice in all Empires and Kingdoms of the World, as is clear by these Texts of Scripture. 1 Chro. 1.2. Ch. 28.1.2. etc. Ch. 29 6.24. 2 Ch. 5.3.5. 2 Ch. 23.2.3.20.21. Ch. 30.2.3.6.12. Ch. 34.29. Ch. 25.7.8. Nehe. 9.38. Ch. 10, 29. Esther 1.13, 22. Dan. 3.2.3. 2 Ch. 29.30. Ch. 32.3. Ezra. 9.1. C. 10.8. 1 Sa. 5.8. Ch. 29, 3.10. Psa. 68.27. Pro. 8, 15.16. Isa. 19.11.12.13. J●r. 17.25. Ch. 26.11.16. Ch. 36.12.14. C. 37.14.15. C. 38.4.25.27. Dan. 6.1.6.7. Jonah 3.7. Psal 2.2. Isa. 1.23.26. That in all Empires and Kingdoms in the World, their Princes, Nobles, Lords and great Officers of State have been accounted necessary for the Constituting their complete Parliaments, and General Counsels of State is clear (I say) by these texts of Scripture, compared together; and by all Historians and Politicians testimonies; and in this Kingdom many hundred years before the Conquest, as modus tenendi Parliamentum, [d] Epos. To his Report. In●●●●es on Lit●●ton. p. 110. 〈◊〉 Instud●es. c. ●. Sir Ed. Cook, and [e] Mr. selden's ●●cles of honour ●er 2 c 5. ●ere this is abundantly ma●●fested. ●el●●anni Con●●. ●om. 1. ●●ruth trium ●●●ng over falls ●nd, Antiqui●● over Novel●●● p. 36 etc. ●●e Freeholders' grand In●●est. P. ● 20. others writ, and our Historians Record. Therefore whatsoever the one do, without the assent of the other two, is not binding; because, without the Presence of all three, one alone is not a complete Parliament, neither is the Authority of one alone Lawful, This Law then, made by the Commons, alone, is not Binding. 3. The Commons, alone, are no Parliament, and therefore no lawful Authority, without the King and Lords; because they cannot prove themselves to be a Parliament, alone, and so to have lawful Authority to impose binding-Lawes, by any Law of God, either in the old or new Testament, for they both contradict it. By no Law or Statute of this Kingdom or Nation, which absolutely disclaim it, and enact the contrary. By no Pr●scription, Custom or Usage; which are all against it: No, nor by the original Law of Nature: For the Law of Nature (as f] Aristo●. pol. l. 1. Bodin▪ de Rep. l ●. c 2.3.4.5. Dr. Field of the Church, l. 1 c. 1.2. Bolititians' an● Divines assert, and the Scripture manifests) gives every Father a Magisteriall and Legislative power over his Children, Progeny, Family; now the Steward cannot have any lawful Authority, without him, to impose Laws on the rest of the Family, without his consent, as is generally acknowledged. Therefore the Commons (being but the Stewards of this great Family of England, of which the King is the Father: He that hath but common sense will conclude) can be no Parliament, alone, without him; nor can they have any lawful Authority to impose any binding-Law upon the rest of the Family, that is, the rest of their fellow Subjects without his assent. This Law then of the Commons, alone, is not Binding. 4 That the Commons, alone, are no Parliament, and therefore no lawfull-Authority; but that the King and Lords are requisite to make up a complete Parliament, is confirmed by Prescription and Custom, from the very first beginning of Parliaments in this Kingdom, till this present, there being no one precedent to be found in History, or Record of any Parliament held in this Island without a King Personally present (or representatively by a Protector, Custos Regni or Commissioners) and Lords or Peers: as Ingulph, Beda, Hector Boetius, and Speed among our Historians; Anti●●uitates Ecclesiae Britanicae, Spelmanni Concilia Tom. 1. Sir Edward Cook in his Preface to the 9 Report, and Institut. 4. c. 1. Mr. Seldens titles of honuours, part 2. c. 5. Truth triumphing over Falsehood, Antiquity over Novelty, p. 56.90. and Mr Lambert in his Arohaion, do all bear witness. Six (g) Com. of England. 〈◊〉. 61 Thomas Smith, (h) Nourished Vol. 1. c 6. p. 173. Ralph Hollinshed, (i) Cambden B●●ta. p. 177. Mr. Cambden; Powel in his Attorneys Academy, and divers others unanimously conclude: That the Parliament consists of the King, Lords, and Cominons; which three represent the Body of all England, which make but one Assembly or Court called the Parliament; and is of all other, the highest and greatest Authority, and hath the most high and absolute power of the Realm. Mr. Crompton in his Jurisdicton of Cou●ts, fol. 1. affirms; That it neither is nor can be any Parliament without the King and Lords. This Court (saith he) is the highest Court of England, which the King, Lords and Commons do all jointly make up: and then Resolves against these desperate resolver's; That no Law can be made to bind the Subjects without all their concurrent Assent. The Commons alone therefore, are no Parliament; and consequently have no Lawful Authority: This Law then of the present Commons, is not binding. Thus have we proved by the known Laws of the Land; That the Commons alone have no Lawful Authority, to Constitute any Law; and that therefore, this Law is not binding. This promised; Next (because it concerns Ministers) let us see, whether it be binding by the Law of God, or according to the Rule of his Word. That Law which doth Command any thing which the Word of God doth Forbid; or Forbidden any thing which the Word of God doth Command, is not binding: But this Law doth both Command that which is Forbidden, and Forbidden that which is Commanded in the Word of God: Therefore this Law doth not bind. That this Law, termed the Resolves, doth Forbid that which is Commanded in the Word of God, and Command that which is Forbidden. Thus I Prove. The first Precept is this. If any Minister [that is no Minister] shall etc. This Precept Forbids Ministers to Preach or Pray against their Proceed. Now the Ministers Consciences are fully satisfied; that some of their Proceed [they being as is proved, no Lawful Authority] are against the Law of the Land, and consequently against the Law of God [for the known Laws of this Land, are all grounded upon the Law of God:] As the cutting off the late King's Head, the abolishing Monarchy and erecting a popular Government of themselves and creatures; with divers other infringements of the Fundamental Laws of this Kingdom, just rights of the Crown, and Liberty and Propriety of the Subjects; those several Orders, and Ordinances, Protestations, Covenants and Oaths which they have first thrust upon and forced the People unto, and then not only broken them themselves, but also compelled or corrupted others to commit the same impiety, for which the Land mourns; yea all their courses is evil, and their foot is not right; * Jer 23.10. and therefore to be both Prayed and Preached against by the Ministers, or dispensers of the Word of God, which Commands them so to do. * Ezech. 33.7.8. Isai. 18 1.2. Ezeck. 2.3.4 etc. 2. Tim. 4.2. And God's Word doth Command this; because God would have it known; that, though the Power of Lawmakers were unquestionable (which of these resolver's is not;) yet, that the consideration and determination, whether such Laws as they prescribe, be agreeable to or against God's Law, belongs to the Minister, as is evident. * Deut. 17.8.9.10. If there arise a matter too hard for thee in Judgement etc. And thou shalt come unto the Priests of the Levites, and unto the Judge * who shall give Sentence 〈◊〉 the Priests shall Counsel him by the law of God. that shall be in those days and ask, and they shall show thee the sentence of Judgement. And thou shalt do according to all that they inform thee. According to the Law which they shall teach thee etc. Compare their Resolves with this part of Scripture, and tell me whether they do not in the first Precept Forbidden that which this Commands. So likewise in the Prophet Malachy, the word of God saith thus, And ye shall know that I have sent this Commandment unto you, Mal●. 1.4.8 That my Covenant which I made with Levi might stand, to put the Law of Truth in his Mouth, That his Lips should preserve Knowledge, and that the People should seek the Law at his Mouth; for he is the messenger of the Lord of * Isai. 58.1.2 Host, These Lips, God's word commands them to open; and to speak with this Mouth. That Law then, which Forbids these lips to open, and this Mouth to speak; doth Forbid that which the Word of God Command. But this first Precept, doth seal up the one and stop the other, Silenceing the Ministers. [a Crime so inexpiable in the Bishops.] Therefore this Law, in respect of this first Precept, is not binding. Which I shall prove not binding also, in respect of their second Precept; for, that both forbidden, that which St. Paul commands, * 1. Tim. 2. ●. 2. and commands in these words [otherwise then as the Enemies to this Commonwealth] that which God himself forbids. * Exod 21.28. & Eccles. 10.20. Therefore this Law, in respect of this second Precept, also is not binding. Now to prove that it is not binding, in respect of the last; I desire you to read; * Isaiah 58. & Zechariah ● and compare them with their proceed, and days of Public Humiliation, or Fasts. Now God expressly forbids the keeping, or observing such a Fast. * Isai. 58.4.5. But this third Precept commands the keeping and observing their Fasts though it be apparent they are the same. Judge therefore, whether this Law be binding or not, in respect of this third and last Precept. The Angel of God commanded * Acts 5.20. the Apostles to Preach; which they did. * vers. 21. The Council and the Elders of Israel sent a Captain with Officers, who apprehended them and set them before the Council. * vers. 26. 〈◊〉. They by their Speaker said: Did not we straightly command you, that ye should not Teach in this Name: and yet behold ye have filled Jerusalem with your Doctrine; and yea would bring this man's blood upon * vers. 2●. us. Here were Resolves, of a grand Council, forbidding that which God had Commanded; Therefore the Apostles looked upon their commands as not binding [though a Lawful Authority:] And therefore return this short Answer; We ought rather to obey God then * vers. 29. Man. That Primitive-Christian-Persecuting-Councell, hath our Orthodox-Protestant-Tormenting house of Commons imitated in their proceed with the Ministers of this Age; Therefore their answer to these their Resolves, may be the same with theirs; We ought to obey God rather than Men; though they should with that Council, a● the hearing thereof, burst with anger and Consult to slay * vers. 53. them. I should in Charity advise them to take Gamaliels Council in that Chapter; * Act. 5. of which I make this transition. Ye men of England, who call yourselves the Commons Assembled in Parliament, take heed to yourselves what ye intent to do touching these men, the Ministers of God's * vers. 35. word. Refrain yourselves from them and let them alone, lest you be found fighters against God. vers. 39 For though you should beat them, and command their silence; yet you shall find, that they will departed from your Council, rejoicing that they are counted worthy to suffer from you, for declaring their Consciences; yea maugre all your proud threats, they will preach daily in the Temple, [*] Psal. 141.6. without ceasing, against your ungodly proceedings and in opposition to your Resolver putting on the Resolution of holy David, pray against your wicked and Rebellious practices. Nay 〈…〉 by God himself in the person of Ezechiel they will not fear you, nor be afraid of 〈…〉 ●●●●ugh Rebels and Thrones [*] Ezek. 2. ●. ●. 6. be among them, and they remain with Scorpions: They will not fear your words, nor be afaid of your looks for they know you are a Rebellious House and you shall know there hath been Prophets amongst you. But whatsoever the Ministers say: as for these desperate resolver's, we may truly say of them what God said there of that stiff hearted and Rebellious Nation: Surely they will not hear, Ezek. 2.5. neither indeed will they cease for they are a Rebellious House; which appears by these their Anti- Monarchy Resolves. In all ages it hath been the treasonable and destructive design of those who by popular insinuation, treacherous Policy, bloody practices, or powerful Ambition, have post●sled themselves of another's Right, to cut off all means and hinder all discourse by which their unjust usurpation may be detected, or it may be known whose the Right of succession is. Thus Jer●●●am having by Rebellion got the Kingdom of Israel into his possession by an irreligious policy prevents their return to their former allegiance, and subjection to their lawful * 1 Kings. 1.172 28. King. Thus also Athaliah [*] 2 Kings 11. ●. after the Death of the King, having got possession of th● Throne, to confirm that her usurped reign, she destroys as many of the seed Royal as she could get into her power, that so the Kingdom might not return to any of them, to whom did pertain the Right of Succession. And a●ther her v. 4. 7 years is usurped Reign, when the H●lie of the slain King was by Jehoiada crowned and proclaimed v. 11. King, she cries out Treason, Treason [*] ● King's 11.14. : As it because by shedding Royal blood she had got the power into her hand, it must therefore be treason in all that did promote the Title and Interest of the Heir apparent. No doubt she had made such a Law, as our present bloody usurpers have to secure her own Established Government and prevent the Sucession of the Rightful King. (The treasonable design of these King murdering resolver's.) But Jehoiada the Priest or Minister, notwithstanding that command published by her own Authority, (knowing her Government had its foundation in blood [as th●● Established by our resolver's also hath] and that such command did oppose the command of the word of God), promotes the Ti●tle and Interest of the slain King's 〈◊〉, takes an oath of Allegiance to him, v. 4. and sets a guard about him for his v. 9 security. By which le● i● apparent that the forbidding Ministers to make mention of the son●● of our late murdered King, and the promoving his Title and Interest [although declared against and taken away by their Authority] doth not ●ind; and therefore I will not fear to disobey it. Nay further since I read that, after Jehoiada by the aid of his loyal subjects had made him King, crowned him and given him the Testimomy, both he and they 〈◊〉 their hands for joy and prayed GOD SAVE THE KING; I will not fear for all their second Resolve, to pray for the same success of our King▪ Not doubting 〈◊〉 that God will shortly send us such a joyful time also where, in the Church and streets, we may openly say. God save CHARLES the second Of England etc. King, Defender of the Faith etc. Vivet, Vincat, floreat CAROLUS Secundus. FINIS.