Redintegratio Amoris, OR A Union of Hearts, between The King's Most Excellent Majesty, the Right Honourable the LORDS and COMMONS IN PARLIAMENT, His Excellency Sir Thomas Fairfax, and the Army Under his Command; The Assembly, and every honest man that desires a sound and durable Peace, accompanied with speedy Justice and Piety.  
By way of respective Apologies, so far as Scripture and Reason may be Judges.  
By JOHN COOK of Grays-inn, Barrister.  The falling out of lovers is the renewing of love. 
London, Printed for Giles Calvert, and are to be sold at his shop at the black spread-Eagle near the West-end of Paul's.   

The principal matters are,  
That 

1. NAture is of Gavelkind Tenure.  
2. All lawful authority is derived from the people, who cannot by any Covenant enslave themselves.  
3. Good Kings reign by God's approbation, Tyrants by his permission, till the people can free themselves.  
4. What Law is, what Rebellion is.  
5. That Anarchy is better than Tyranny.  
6. That in quiet Kingdoms much Injustice is to be suffered rather than to oppose the Governors till it be insufferable, and then it is ne resistance of authority, because God never did, nor man can give any such authority.  
7. Some Scriptures answered and such reverence to be given to divine authority as to believe that there was a reason for every thing, though we cannot reach it.  
8. That Bishops for Religion and some former Judges, in point of Prerogative, are of equal credit.  
9 What undid Lord Keeper Littleton and others.  
10. Twelve politic Judges to execute quick and cheap Justice, requisite to felicitate this Kingdom, with an Expedient for it.  
11. Essentials not to be lost for Formalities.  
12. The Law and the Prophets to be rather studied than law and profit.  
13. A Cause at first as plain as a bulrush comes to be as hard as an oak.  
14. That Parliamentum is parium lamentum, and that Kings originally agreed to refer the people's complaints to whom soever they would choose, and that Parliaments never die intentionally.  
15. The mixture of the three estates commended, yet if one of three o●ligors fail, the other two must pay the debt, for Justice must be d●n●.  
16. That the Judgement of Parliament is inevitable for all positive Laws by virtue of the fifth Commandment.  
17 Kings are not less free, by reason of Parliaments, no more than men are less safe upon Paul's for the Rails.  
18. To question the Justice of the Parliaments Cause is to doubt whether Protestant or Popish be the true Religion.  
19 Yet so as the King had some colour for what he did in God's Ordinance, which the Parliament, if they should break trust, have not, and his late party adhering to the letter of Scripture and some Law cases, Touch not mine anointed, etc. had the same colour as Papists for transubstantion, by This is my body.  
20. Mr Jenkins easily answered and Dr Fearns matter combustible.  
21. Reasons to induce his Majesty to believe that the Parliament did nothing but in discharge of their great trust, without which they could not have answered it to the Kingdom; and that his Majesty would frame arguments for that purpose.  
22. That the Parliament would conceive that his Majesty acted according to his present light, for the satisfaction of his Royal Conscience, his Royal Allies and many of his people at home, & would frame arguments for his Majesty, besides that the Law lays all the blame upon his evil Counsellors.  
23. That this is a principal expedient to beget a right understanding and endeared and loyal Affection between his Majesty and people.  
24. How his Majesty is head of the Church, and one Argument for his Majesty, when the several Parliaments in England and Ireland present acts for establishing of the Protestant and Popish Religious severally, what his Majesty is to do, and that the King of Poland swears to maintain both those Religions.  
25. That the Lords are entrusted by the people (though not elected) as Guardians of the King's Contract with the people, and that all subordinate Officers are to mind the duty of their places, more than the desires of those that preferred them.  
26. Two things in the House of Commons questioned, the Members not being sworn and their not Administering oaths, and Answered.  
27. The Lords supplicated to be indulgent to tender Consciences, being exempted from the Presbyterian discipline.  
28. Three Ordinances begged. 1. Redemption for our poor brethren, slaves to the Turks. 2. Liberty for poor Prisoners that are ready to starve. 3. Some speedy course to abate the price of corn, least poor people be famished.  
29 An Apology for the Armies not disbanding, who have been true to the Covenant, and seek nothing but for what they first engaged, and have been the breath of many of their nostrils, who would not have their breath in the Kingdom.  
30. The Declaration against them a Nullity, the Revocation of it, a great honour to the Parliament and Army: What spirits the Armies opposers are of.  
31. The two great expedients for a substantial settlement of the Kingdom, Reformations in Courts of Justice, and Liberty for tender Consciences, cannot as men's interests now stand, be effected without the Continuance of the Army.  
32. That the main interest of this Kingdom, is to be as zealous for the Protestant Religion, as Spain is for Popery.  
33. The Interest of all honest men, is speedily to Unite, specially for God's people.  
34. That the difference was not whether the Kingdom should be Protestants or Papists, but Protestants at large, or strict Professors.  
35. That should the Army disband till Liberties are secured, they would be a ludibrium to all the world, and culpable of all the sufferings of God's people.  
36. Some late Arguments against the Parliament answered, and the Honour of that high Court in all things to be maintained, so as the Honour of God do not suffer, nor the people's liberties destroyed.  
37. No man to grow rich in a time of Civil War, Nor usury then to incur; some Usurers within the statute de judaismo, and a provision that there may not be a beggar in Israel.  
38. God will not suffer any good Governors to be destroyed, so long as they Administer Justice, but 'tis dangerous for the supreme Court to deny the people their Just Liberties.  
39, Foreign Negotiations against Protestants, and the private Interests of some which are contrary to Public Liberties are Grounds for the Army's continuance.  
40 Religion introduced by blood every where but in England, a Prophecy concerning the sword to that purpose, therefore truths which cost dear are to be loved.  
41. That war is lawful to defend Religion, not to promote it; that the sword maybe employed for Religion as the servant of justice.  
42. Who are the hinderers of Ireland's Relief, and how Antichrist with his left hand may fight against his right.  
43. That H. 7. did well to kill R. 3. and long may his Royal race inherit in our present Sovereign Lord King Charles and his princely Progeny.  
44. The Author loves the Assembly, yet conceives that Liberty had been long since settled but for them, who make the small differences between the Conformists and Reformists wider.  
45. The absurdity of that Common Argument, that if Independents be permitted, than Papists must: Errors in Religion, to be tolerated, but not against Religion.  
46. That there are more differences between the Papists then are in this Kingdom; therefore we are to spend our wit upon them and our love upon Protestants: Pope Joan, in the dark, as good as my Lady.  
47. A moderate Presbytery commended for restraining vice, and for external beauty, but a rigid Presbytery dangerous to this Kingdom: men wiser in the South then in the North, the danger of Coactive violence in matters not fundamental.  
48. Whether it be as lawful to fight for Christ's Kingly Office as for his Priestly Office, and whether Christians may presume of God's extraordinary power in case of Arms without an extraordinary warrant.  
49. What Liberty of Conscience is desired, and that natural men know not what belongs to spiritual privileges, and what use may be made of the late Common-prayer-book.  
50. A request to the Assembly to become suitors for just Liberties, and to the Army, not to mingle their interests, by any means, with those that shall oppose the High Court of Parliament.     

Redintegratio Amoris, OR A Union of Hearts, between The King's Most Excellent Majesty, the Right Honourable the Lords and Commons in PARLIAMENT, His Excellency Sir Tho. Fairfax, and the ARMY under His Command, The Assembly, and every honest Man, that desires a sound and durable Peace, accompanied with speedy Justice and Piety.  
AFter a shower how glorious is the Sun! The War being ended what endearments should there be between all truehearted English men? When hands are tied, the great business is to unite hearts: 'Tis the wisdom of State, when the heart of War is broken, to deal Honourably with the Conquerors, and gently with the Conquered; 'Tis the glory of a State, as well as a man, to pass by an infirmity; and far more noble to forgive him whom thou mayst kill, then to kill him whom thou mayst forgive: The Title of this Treatise I hope will please every man but such as feed only upon poison (which creatures soon after break in pieces) that are grown rich in a time of poverty, or fear a Day of Account before the Day of Judgement; some only can fish in troubled waters; the matter of it I hope will relish well to weltempered palates, that have the salt of reason; for my own particular, it hath ever been my hearty prayer, and what I have prayed for, I have ventured to write for, though I know very few that have gained any thing by the Press, besides their own contentment, but hard censures; but he that is wise when men are fools, is true when they are liars; I am not in love with my own conceptions, and yet will father them that they be not illegitimate; and the mother conceiving them is a single heart, as an English man; the subject is weighty and many ticklish points; but strong affections may be discerned by weak performances, and I hope men are more merciful then formerly; those that love, will excuse, let others bring reason for reason & I am satisfied; to give the Reader rational satisfaction I must dig deep for these precious truths, for taking too much upon trust, and that to be reason which only looks like it, hath occasioned our late mischiefs: And 'tis as hard to make some men believe the Truth, as it is to dissuade others from Errors.  
Wherein as it is said of Errors that to reduce them to their first original is to refute them; bastards love any discourse but to hear of their originals, so in all matters of Reformation by, the Interven-of the Sword the foundation, Root, highest wellspring, fountain, end, and grounds of all government is in the first place to be sounded, fathomed, and discovered, which under favour have been the great defect in many writers in this late Com●●stion, that speak of obedience to higher powers, of the unlawfulness of resisting, and of the Rights and Liberties of the people● 〈◊〉 drawing from the Fountain, but following the stream● of former Authorities, and practices of other times, which have ●he ●●●●●nance of example, but not the least force of a Law 〈…〉 striving to know by the Causes, why such a Government is appointed or Law is made, as by the effects that so they find it to be. Which Impolitiques, is the Reason why there are so many Practices to be reform in Courts of Justice; the Judges finding the course of the Court, which they say makes the Law to be so, they never look further at the reason why it is so; for if they did but consider the end and primary intention of all Laws, viz. the execution of justice; which consists in giving every man his own, they would rather dispense with 10000, formalities and niceties in Law, then neglect the doing of justice; rather suffer all the courses of the Court to be broken and shivered into atoms, then suffer one poor man to be undone by a mispleading or Error in the proceed, for justice is of moral, and of perpetual equity, but the course of a Court is but Ceremonial, & the Ceremonial Law of God always gave place to the moral: when it appears fairly to the Court, that the Debt is due, or that the Plaintiff hath title to the Land; if there be as many Errors and mistakes in the plead as there are stars in the Firmament, the Judge must break through all forms to make the Plaintiff master of his right; and to object matters of form and confusion, is but to tyrannize over poor men, that are not able to buy Justice, and to be more careful of the  then of the foot that wears it; Resembling herein the stranger that admiring the height of St. Marks-Tower in Venice, thinking the Foundation could not be deep by reason of the water, was very studious to know, whereupon so goodly a Fabric stood: the people said it was so, but how it came about was for the Senate to know the reason; they troubled not themselves about it, but I must dig deep for this precious truth and go to the ground of the point, which being ●ound in the groundsels, the building is not to be suspected; and I conceive:  
1. That by nature, all men are born alike free, as we hold all by Frankalmoign, so nature is Gavelkind tenure, and there is no power natural but parental, further than every man doth expressly or implicitly empower other men over him, and every Father is a King in his own family; Abraham, Isaac, and Jacob in Canaan, had no Government but Domestical, Parental, or Proparental. And though I cannot agree with Learned Charron, that the Jews had power of life & death over their Children, which he would prove by Abraham's offering up Isaac, which he supposes Isaac being about 25. would not have suffered his Father to have bound him, if by Law he had not had power to kill him; and that the same Law continued amongst the Romans, which no Parents would abuse or exercise only to keep their Children in obedience, yet this is clear that by the Law of nature, the child is to be obedient to the Father, and when the child is set to School or an Apprentice; it is the father's power which he puts into the Master's hands to correct the child; which commission the Master may not exceed; and therefore that moderate correction which the Law allows to be given to Scholars and Apprentices, is to be intended by the Father's consent, for if the Father shall indent with the Master not to correct his child; if he strike him I conceive an Action of Trespass will lie against him, and this power continues till the child be able to provide for itself, for by the civil Law the Father is bound to provide for his bastard till it be 25. at which time it is presumed able to help itself, grounded upon Nature's Law, that beasts and birds feed their young ones till they can cater for themselves and no longer, and so it ought to be with us where the child is natural and not legal.  
2. This Nature, which makes all alike free, apts and fits some with gifts to command, others to obey; 'tis a ground in Nature that wise men should govern the Ignorant, the Patriarches were never impowered, but carried things so sweetly that men freely obeyed them; for when people shall perceive that wise and honest men aim at nothing so much as the public good, every man thinks himself happy to be under such Governors, and indeed to prefer such men into places of Judicature is rather a preferment to the people then to them; for as by wisdom the world was made, and as it is enlightened by the Sun, so by Reason the Lord will have it governed; and as in Nature he that is born blind must be guided by those that can see, so must ignorant and ill-disposed people be ordered and commanded by those that have the gifts and Spirit of Government and such as are virtuously disposed. But all Government is to be ascribed to necessity and reason: For the world becoming populous, vicious and licentious, a Government was necessary; and though the primary Laws of Nature, as obedience to Parents, to hurt no body, and to do as we would be done unto, be imprinted in the heart of every man, and sufficient to condemn the Gentiles; yet they are so defaced and corrupted by the fall of Adam and original sin, that God and Nature, for the good of mankind, not only commended but commanded a Government, for man is a sociable creature, and society is natural; for in Hermit's Nature is not changed but transgressed.  
3. All just power and authority is either from God immediately who is Lord of all and may appoint one to be sole Monarch over all the world, if it please him, as formerly he appointed Kings; or in the people who empower one or more over them. Saul and David had extraordinary Callings, but all just power is now derived from the people, 
1 Sam. ●.  yet in the case of Saul it is observable that the people out of pride, to be like other Nations, desired a King, and such a King as the Heathens had, which were all Tyrants; for they that know any thing in History know that the first four Monarches were all Tyrants at first till they gained the people's consent. Nimrod the great hunter was Ninus that built Ninivy the first Tyrant and Conqueror that had no title, 
Gen. 10.9.  and so were all Kingdoms which are not Elective till the people's subsequent consent, and though it be by descent, yet 'tis a continuation of a Conquest till the people consent and voluntarily submit to a Government, they are but slaves and in reason they may free themselves if they can; for conquest gains a title amongst beasts, not amongst men. In France the King gins his Reign from the day of his Coronation, the Archbishop asks the people if he shall be King, the twelve Peers or some that personate them say Yes, they girt the sword about him, than he swears to defend the Laws: and is any thing more natural then to keep an Oath? And though virtuous Kings have prevailed with the people to make their Crowns hereditary, yet the Coronation shows the shell that the kernel hath been in▪ Samuel was a good judge, and there was nothing could be objected against him, therefore God was displeased at their inordinate desire of a King, and it seems to me that the Lord declares his dislike of all such Kings as the Heathens were, that is, Kings with an unlimited power, that are not tied to any Laws; for he gave them a King in his wrath, therein dealing with them as the wise Physician with his distempered & impatient Patient, who desiring to drink wine, tells him the danger of inflammation, yet wine he will have, and the Physician considering a little wine will do but a little hurt, rather than his Patient by fretting should take greater hurt, prescribes a little white wine wherein the Physician doth not approve his drinking of wine, but of two evils chooseth the least: The Jews would have a King for Majesty and splendour like the Heathens, God permits this, he approves it not, it seems to me that the Lord renounces the very Genus of such Kings that have no Laws to govern by but their own wills: 
Gen. 10.49  for if it be objected that God had promised them a King and a Sceptre in Israel: I answer that when God calls any man to such high honour he gives him answerable abilities: when he places any man upon the bench of justice he never sets himself besides the cushion; besides he told those Kings whom he anointed what their duty was, not to exalt themselves overmuch above their brethren, 
Deut. 17.  to delight themselves in the Law of God; out of which I infer that the Turks, Tartars and all people that live at the beck and nod of Tyrannical men may and aught to free themselves from that Tyranny, if, and when they can; to desire too great a King is to have a River too impetuous; for such Tyrants that so domineer with a rod of Iron do not govern by God's permissive hand of approbation or benediction, but by the permissive hand of his providence, suffering them to scourge the people, for ends best known to himself until he open a way for the people to work out their own infranchisements.  
4. That no Government is divine, I mean, by God's approbation, (for extraordinary callings I know none in these days) but that which is just and rational, for there can be no such conveyance of power as is destructive of humanity; therefore for millions to be at the Command of one man, to obey him universally in all things, is irrational; for wise men are but men, and the best men are but men at the best, subject to the faults of the irascible and concupiscible faculties.  
5. That to assume a Government without a title and to act beyond Commission, to the destruction of those whom they should preserve, is all one in reason; and so King James (that Phoenix of his age for solid learning) agrees that there may be a Tyrant as well by maladministration as he that comes in by Conquest: To speak of the several Conquests that have been made in this Kingdom by the Romans, Saxons, Danes and Normans, as also whether William the Conqueror came in upon his Remittor by ancient title I judge impertinent, but this is clear as Crystal that our Ancestors did voluntarily submit to Kingly politic Government; that if the Conqueror were a Tyrant for want of title, the subsequent consent of the people made him or his Successors lawful Kings being equivalent to an election; as Leah by an after-consent became jacob's lawful wife though he was mistaken in the marriage; and an error in the person nullifies the Matrimony. And the act of our Predecessors is as strong and binding to us as if it had been our own personal consent: A Law being the act and deed of the body politic in Parliament, voted by the whole Kingdom as the whole men sees & hears, instrumentally performed by the eyes and ears; 
Pan. anglium. Pan Ae●olium. Pan-Sicilium. The first Pa●liament.  wherein by intendment every man, woman, and child, is virtually present by representation, or else a statute could not bind them; and a Law binds not only their makers but their successors, for Corporations never die; as the River of Thames keeps thought name the new waters perpetually succeed: And though it be not so clear when this consent was given, yet we find that King H. the 1. Beaucleark youngest son to William the Conqueror, in the 16. year of his Reign called a Parliament at Salisbury; which I do not conceive so much to be derived from the French word signifying Freedom of debate, as Parliamentum quasi pariam Lamentum, the Complaint of the People▪ when there is any difference between the King and his Subjects, his Majesty gives them leave to choose out of themselves whom they please as Arbitrators, or Umpires to determine the matter, wherein the Subject thought himself secure that he might choose his own Judges; and this was but equal because the King chose the Judges of the Law; and though it doth not appear that this agreement between the King and people, was reduced into writing (because that easy conservatory of printing was not then invented) yet who knows but that it was written and since defaced, or Imbeziled; for my part I cannot imagine our Ancestors to be so irrational, that they would ever agree that any man should reign over them as their lawful King, by their full consents, but upon this condition, that when they found themselves oppressed and burdened, his Majesty should be obliged to call a Parliament, and to agree to such Laws (quas vulgus eligerit) as the Parliament should present unto him for their happy Government, and not to dissolve them till they had done the business they were entrusted to do for the good of the Kingdom; for Parliaments never die intentionally; and why may not such an Agreement be lost? As we know the Records of many Statutes are not to be found; yet it is written in the heart of every understanding man that so it was; for how irrational is it to imagine that the King was not bound to call Parliaments, 
36. E. 3. etc.  which by Statutes ought to be every year or oftener, as need shall require: and if the King might dissolve them when he pleased what fickle things were Kings, what vain things were Parliaments; and though it have been strongly objected, that when things have been well settled, the King is to have the negative voice in making new Laws, though not in expounding the old; because a Kingdom may subsist without making new Laws, but not without executing the present Laws: I say that the objector is defective in stated Policy; for the alteration or enacting of new Laws, is as absolutely necessary as to execute those which are made; a Kingdom may be as well undone for want of the King's negative voice, as for not executing the Laws already established, for the wisest Parliament cannot foresee what will be best for the Common good the next year; Such Exigencies of State may happen, and I observe that what hath been objected by the King's late party to the contrary, hath been that the Law is otherwise, but words are the least part of Reason; that which Mr. Jenkins writes is most true according to the Authorities which he vouches; but what Authority is it; some of the Judges of the Common Law; very good, by whom were they made Judges? By the King. How came they by their places? The Echo is, buy them, for until the statute of 5. E. 6. All judicial places were generally bought and sold, as Horses in Smithfeild; for a chief justices place, it may be 10000 hath been given, and how long to continue? during the King's pleasure; was it safe for them to argue for the Liberty of the Subject against the King's Prerogative? the Temptation was very great to be for the King's side in all Arguments; besides, Parliaments have been discontinued and short-lived: for my own part I do not much value his judgement, In a question of prerogative, who holds his place at the Prince's pleasure; for to stand to my own judgement or the judgement of him whom I elect is much alike; yet as there have been in all ages some that have stood for the Honour of Christ, and resisted unto the death; so there have been some that have argued for the People's Liberties. Bracton says, Rex non habet parem in regno suo nisi Comites, 
Fortes●ue.  Barones, et communes in Parliamento, et hanc potestatem a populo effluxam Rex habet. Another, that Rex est singulis major, universis minor, that the King hath no Peers in his Kingdom but the Lords and Commons in Parliament, that the King is greater than any Subject, but less than all his Subjects, and that he derives all his power from the people. Fits Herbert and Shelley, that the King is servant to all his Subjects; set over them for their good; and this is the voice of right reason, 'tis impossible to imagine, that ever any man should have the consent of the people, to be their King upon other conditions, without which no man hath right to wear the Diadem: for when the first Agreement was concerning the power of Parliaments, if the King should have said, Gentlemen, are you content to allow Me my Negative voice, that if you vote the Kingdom to be in danger unless such an Act pass, if I refuse to assent, shall nothing be done in that case? Surely no rational man but would have answered: May it please Your Majesty, we shall use all dutiful means to procure Your Royal Assent, but if You still refuse, we mst not sit still and see ourselves ruined, we must save the Kingdom without Your Consent, though we hope not against it: But than saith the Obiector, where is the King's power? I answer, nothing at all diminished: his Majesty hath more power than he can imagine for the preservation and happiness of the Kingdom, which is the end of all Superiority, but nothing for the destruction and desolation of the people: we say God is omnipotent, and yet he cannot sin nor do any injustice: shall we say that the King's power is diminished, because he may not hurt the people, or that a man is less in health because he hath many Physicians to attend him? nothing less: for 'tis impotence and weakness to do hurt and injury: but the King is empowered for the good of the people: true, but he may not say that is for the Kingdoms good, which they say is for their hurt: what I do for my own good I may undo. Methinks this should satisfy every noble Prince; let my Subjects in Parliament propound what Laws they please for their own security, 'tis a great ease to me: if the Laws be not good they may thank themselves, if they be good the honour is mine, my consent being as the Masterbuilder that gives the form and life to the Architecture; and if the Subject suffers I cannot be blamed; but if the contrary should be Law what miserable things were Subjects; who will trust his own father with his life? And who can be merry if a King or Governor may divide his head from his body, or him from his dearest relations by imprisonment, or otherwise, when he pleaseth; but here lies the root of all our misery; we take all for gold that glisters, every thing to be reason that looks like it, and every case to be Law which we find written in our Law books; whereas Law is reason adjudged in a Court of Record, where reason is the Genus, & the Court makes the difference from extraiuditial discourse which may be rationally, yet is not legally just, if it be not reason the pronunciation of 10000 Judge's cannot make it Law no more than the Venetian Madonnas can by their huge high heels in reality add one Cubit to their stature; as for example 'tis a Max me in Law that the King can do no wrong, therefore if he kill or ravish 'tis neither Murder nor Felony; I say 'tis against reason, therefore against Law; for if the King may kill one man he may kill one hundred, and what Courtier dare give any faithful advice when the King may without control kill him or strangle him, and so not be guilty of blood; as the grand Turk that having promised to spare a man's blood, caused him to be strangled, and so shed no blood: or something like the case of the Duke of Gloucester by King H. 7. this was acknowledged by the Tyrant, who having a mind to kill his brother, his Chancellor told him he might not by Law commit Fratricide, but, saith he, is there not a Law that I may do what I please? and let but Mr Jenkins answer, whether those Judges, whose Authorities he vouches were not of opinion that whatsoever the King did, it is in Law no offence, and then all that he hath written or can write against the Parliament will not bear the weight of a feather: and I humbly entreat all indifferent men that read books more for satisfaction then a desire to contend for any party, but to answer me this question: Why should there be any more credit given to the opinion and authorities of the Judges, specially such as paid dear for their places, in matters of difference between the King and his Subjects in point of property, than there was to the Bishops for matter of Divinity: were they not both the King's creatures alike? Was it the way of preferment by standing for the liberty of the Subject to get great estates? Have not the judges in many Countries been the raisers and first founders of great and noble Families? And were those estates got by pleading for the liberty of the subject against the Prerogative? We know who it was, not long since, that got a vast estate, and thinking to ingratiate himself with his Prince, said, he was seldom or never of counsel in passing any Patent but he reserved some starting hole to make it void in Law if need were, which was as good as an act of Resumption. This is the grand Error, that subordinate officers are accountable only to the King, and the King to God, whereas all Judges and Magistrates are entrusted by the people: if the people give power to the King to choose them, 'tis out of a confidence that his Majesty will nominate such as shall most faithfully serve the people's good, and when Arbitrators are empowered to choose an Umpire, he may be truly said to be chosen by the parties litigant: this ruins Justice, when men in places of Authority more esteem him that gives them their Commission, than the business that they are employed about; when their eyes are more intentively fixed upon the stars of their inclinations who preferred them, then upon the public good of the Kingdom, for whose sake they were preferred: for when a Magistrate is made great, the principal intent and meaning of the Law is not his greatness and honour, but to advance public justice: I, but says one, he is such a man's creature, raised by him E vilissimo pulvere, must not he requite his love, and pleasure his Father? No, justice is blind and knows neither father nor mother; the Judge looks not at the manner of the conveyance of his power, how he comes by his Authority, but at the matter of his Commission, and the true end of Judicature: the right understanding of one Scripture, 1 Pet. 2.13, 14. makes a good Judge, the words are plain, and being learned (for learning is a special gift sanctified for matters of policy and government) observes, that Kings are a humane Ordinance as well as Corporations and Societies, and concludes that all those Scholastical discourses of Kings, being Jure Divino, are but trials of Wit; and by Supreme he intends that the King is supreme to administer the Law, not to make Laws, much less break them, and Governors sent by him are for the punishment of evil doers, and for the praise of them that do well, the want of this consideration ruined the Judges in point of ship-money, the greatest part whereof were very very learned men.  
Haec est, crede mihi, cunctorum causa malorum  
Scripturas Domini non didicisse sacras.  
I know this Error in judgement undid the Lord Keepers, Finch and Littleton, men of brave spirits, had they been for public liberties: Lord Chief justice. Banks a man profoundly studied: And Mr Jenkins being made a judge thinks himself bound in honour, Junare in verba: English men have ever been most thankful to those whose favour hath been their quickening spirit: 'tis pity any man should be undone for his ingenuity, and though the Law be rather politic then moral, yet I wish repentance may be expiatory so far as Salus be not endangered: O but, says one, all the great Lawyers followed the King! Not so neither, I am sure the politic Lawyer stayed behind: Ambition and Avarice make many a man argue against their own liberties how many men in the world are content to be slaves to some few, that millions may be in servility to them: it being demanded in a Counsel why so many there present should be of opinion that the Pope was above the Counsel, it being against themselves: Honest Verideus said, the answer was easy, because the Pope had so many Cardinal's caps, fat Bishoprics and rich Offices to bestow, and the Counsel had none at their disposing. The Bishops preached at Court to advance Prerogative above Law: saying, my Lord the King is like an Angel of light: now Angels all accountable to God only: that the King is jure Divino, and are subordinate Officers jure humano: whereas the Apostle calls Kings a humane Ordinance, and there is not a man in the Army from the most noble General to the lowest Officer, but is as much jure Divino as the King's Majesty or the so much desired Presbytery: That David never offended against Vriah, for he saith, against thee, thee only, O Lord, have I offended: giving the reason that Bathsheba was his subject, and that a man may do what he will with his own: and that his Majesty was to repent of any oath that he had made for doing justice, for being entrusted by God, the oaths are void: Poenitenda presumptio, non perficienda promissio: The judges in like manner say that the King is a speaking Law, and carries all the Laws in his breast and might call Parliaments and dissolve them at his own pleasure: which if it were so, what a foolish thing was it to send for Writs and trouble the Counties with such judibrious Elections, like him that in the beginning of his Will devised 20000 l. to his wife, but in the latter end for divers good causes and considerations him thereunto moving, revoked the said Legacy, and left her nothing: When jezabel had a mind to Naboths Vineyard it was no hard matter to get judges to declare the right against the subject: In dark times of Popery how easy was it for Princes to prefer such men to great places that would be Instruments to execute what ever they would have to be done; but I have better thoughts of the present times for now judicial places are well got, and by consequence well used. I dare say there are not more honest men (the number considered) the of any profession in the world, then are toward Law in this Kingdom, and the Subjects would quickly find their usefulness to the state, were there but one good statute to cut off at one blow all unnecessary delays in matters of Justice, Root and Branch [which are far more hurtful to the Kingdom, than ever Bishops were] which God and the Parliament grant. The Emperor having a mind to a Subject's horse, said all is mine, therefore this horse is mine: the 2 great Civilians, Bartolus, and Baldus were retained: one for the King said, the property of all goods belongs to the Emperor; for he that may command the lives may command the goods of his Subjects, and the usufruict and possession only is the Subjects: the other Lawyer said for the Subjects, that the property is in the Subject, and dominion only in the King according to Law: the Chancellor being Judge said, all is the Emperors: who gave the horse to his Counsel, and told the Subject's Council he should never be a judge so long as he continued of that opinion: but let no man object that I seem to asperse those learned judges which are at rest: I honour the memory of all good Commonwealths-men: and my opinion of them is that according to the Delatory forms of proceed, they were good justices between party and party, but when the King's Prerogative and the Subject's liberty came in Competition, I affirm it confidently that all judgements have not been according to right reason: witness the case of the Shipmoney, Knighthood money, Tunage, Poundage, and Monopolies of all sorts, which they did not declare illegal: And how many Gallant worthies have they suffered to live or die in Prison, whom they ought to have set at liberty by Habeas corpus? And he that looks into matters with a single eye, may easily discern that the Fountains from whence these late streams of blood have issued, were no other but the pride of the Bishops (a Generation who hated to be reform therefore justly abolished) and the pusillanimity and cowardice of the judges; for if the Bishops had been indulgent to honest people, and not Lorded it over the Lord's inheritance, (poor souls they would have been content to have suffered much for quietness sake, might they have but had the freedom of their Consciences in a peaceable manner) and the Judges been courageous to have executed impartial Justice between the King, and Courtiers and the Subject: and in doubtful matter to have inclined to Liberty, the sword had never been unsheathed.  
And for these present Reverend Judges, I have Honourable thoughts of them, but this I must say (else I should be a Traitor to my Country) that they tie themselves too much to old forms, and in Courting the shadow of formalities, and conserving the course of their Court, they neglect the substance of moral Justice, in not helping speedily every man to his due when the matter comes fairly before them, for I must live and die upon it, that he doth not deserve the name of a good Judge that when the right appears to the Court; doth not help the party to it: believe it there is not so great an enemy to the Liberty of the Subject, as this overdoting upon old forms, as if the Ceremonial Law of the Jews were to be revived in the Common Laws of England; If a Judge or Chancellor, 300 years ago, delivered an Erroneous opinion, this must bind us because he said so; and so if one Judge once err, this Kingdom must be undone perpetually because the Law is so; Right reason is the wise man's precedent: where Judges are learned and solid what need they search for Precedents? And why may not we make Precedents for others as well as they for us? I never yet knew a politic Judge in England that, considering the end of the Law is to speedy justice, would dispense with writs to do right; lose formalities to find essentials: twelve Such politic Judges would quickly make the Kingdom happy for moral justice: Taxes we see are multiplied in all Countries, but what way is there to make the Kingdom amends for all the precious blood and treasure that hath been spilt and expended? Truly one Ordinance for quick and cheap justice would do it abundantly, that the poor may have justice for God's sake, and the rich for reasonable Considerations: The favourites of state have always magnified the happiness of English men above all other nations in regard of the Assizes that twice a year Queen justice rides her Progress, and Justice is sent them home to their doors; but I profess the Kingdom is a great loser by it, 'tis a mere sponge to suck away their moneys for little or no Consideration, matters of the Crown only excepted, and why more haste to hang a man for stealing a sheep then to help a poor man to his just Debt? for what a charge is it to try a Nisi prius? and when the matter of fact is tried the party is never the nearer; judgement is far of, the Defendant may die, or else writs of Error brought: that a man is not beholding so much to the Law as to a good purse to obtain his right; therefore this I would humbly beg of the Parliament for the present (because to settle a Court of Judicature in every County will require time and much wisdom to foresee and prevent subsequent inconveniences) that the Reverend Judges may every Circuit, if possibly to begin this Summer circuit, be enabled by Commission to hear and determine, besides the Nisi prizes, all private differences between party and party throughout the whole Kingdom, the matter to be brought before them by Petition the Defendant to have timely notice in person, or at his dwelling house by Affidavit of two witnesses, in case he appear not; both parties, to bring their witnesses and evidences, and the matter being heard to be speedily ended, and execution by the Sheriff accordingly, unless it be very weighty, and then to be adjourned to Westminster; whereby a difference may be ended in a month's time, for 5. l. charge at the most, which now costs 50, or 100 l. and is 3 years at the least in deciding, and ends most commonly with the ruin of one party; and the other gets such a blow that is long in recovering. I know this will be counted a dangerous design tending to overthrow the Law, but it is only by such as fear rather the overthrow of their own profit more than they value the Law and the Prophets; for I am sure they cry out for quick and cheap justice: and I will burn my books, nay venture my life upon it, that no man can render a reason nor frame an objection against this, but that I can easily refute it, if this be granted as a maxim of state, that the Public good and quiet of many is to be preserved before the private profit of a few, say not that I shall hereby wrong my own profession: 'tis all one if I did in reference to the Public good: but this is a great mistake, Lawyers would get more by speedy Justice, for who had not rather give his Council 40. s. to end his business in a day, then attend many months, and give him 10. s. a time for motion upon motion, references and references: besides no wise man will go to Law for: as matters are carried, the worst end by Arbitriments is better than the best can be expected by the Law, all things computed, unless in special cases; and so what is lost in the hundred is found in the Shire: pray do not say this will prejudice the City, and keep away Termers: suppose it were so, why should all the blood in the body be drawn into one vein? When one member swells too much the body pines: but that's another mistake: for men would bestow that in  and Commodities which they now spend in Lawsuits: but I hope time will make us wise: but then comes the old objection, will you have all things arbitrary and uncertain? Nothing less, but every Controversy to be ended according to reason and every former Precedent, and Judgement to be authentical and binding so far as there is reason for it, and not otherwise: the contrary practice is as dangerous to the state as implicit faith in matters of salvation: for I would but ask this question: If a Judge believes in his Conscience that former Precedents were against reason, whether if he observe them he doth not therein condemn himself, but if he see reason for the Judgement, than it is his own Judgement that leads him, and not the bare Authority of his Predecessors; but it will be alleged that reason is malleable, and one reason may be brought against another: truly in matters of moral Justice 'tis hard to imagine any great difficulty: that cause, which at first is a bulrush, comes to be a Giant: differences for the most part are plain and very easy at the first beginning of the suit; but when by motion upon motion, the cause is put out of its course, the matter grows so intricate that a poor Client can scarce get out of the Labyrinth: but my meaning is not that every rational man should be able to understand the reason of a Law-case: but that, that cannot be given Law when there is a good reason to be given against it: as put the case there is a verdict for a Just debt, now whatsoever can be alleged that such a process did not issue regularly, yet reason says that the Debt ought to be presently paid; and this can be no more called confusion, than Mithridate deserves the name of Poison.  
And now if I should proceed Methodically, I should argue whether the Parliament have sufficient grounds to raise Armies as they did, but that is but to argue whether the Protestants or the Papists be of the true Religion: and next I should lay down what those just grounds and Arguments were: but that would savour of Presumption, having been so fully and ungainsayingly declared by both Houses, and might be unsafe if I should omit any: and at the best prove tedious to the reader, my desire being not to build upon any man's foundation, nor to bring Arguments which have been exposed to Public view already, though I judge them better than my own, yet 'tis but a kind of cozenage to the reader, to invite him to make several purchases of the same matter, a trick more Common than Commendable in this Printing age: yet something I must say concerning those matters; which is this, that the Arguments and motives which swayed me, to adhere so cordially and constantly to the Parliament against the late Oxford party, were rather Scripture grounds and reasons of state, and self preservation, than Lawcases and Printed authorities; for I always conceived that the King was obliged, to call Parliaments, as often as the generality of the people besought him, and to dissolve them till the Parliament said, omnia bene was against his oath, and that he was to consent to all such Laws as should humbly be presented to his Majesty by both Houses; and when I find in our Law books, that the King is a God upon earth, as God is a King in heaven (alas Mr. Jenkins speaketh too meanly and lowly of the King's prerogative) both in those Incommunicable Excellencies of Infinitness and divine perfection; as also his Majesty's power and perpetuity, that by a non obstante, he may dispense with a statute Law: a pure invention to set the King above the Law: I thought thus, that seldom did any man refuse to be a Bishop or a Judge, and when I read those cases that it hath been often adjudged that the King could do wrong, I conceive the meaning is that the King should do no wrong; a letter will much alter the case: for I find that when small offences and trespasses are not punished, a reason rendered that the Law regards not small things; the book to warrant it carries the sense, that the Law reckons not the minutes and the odd hours, which make the Leap year; and I find Mr. J●nkins (though certainly a man deeply learned in Law Cases, and in the Historical part of the laws; I wish he had so well studied the end of Government, which is the welfare of the people) vouching Authorities by the halfs, for where he says that Bracton says, the King hath no superior or equal but God, he omits what the book adds, unless it be the Lords and Commons in Parliament: and so a man might as well argue, that our blessed Saviour said, hang all the Law and the Prophets; because he said upon these two Commandments, hang all the Law and the Prophets. When I read that the King may pardon murder, specially if the word murder, be not in the pardon, I find it contrary to Scripture, and therefore take it to be no Law: and when I read that the King by his Prerogative may make a 20. s. piece by Proclamation to go currant for 40. s. or to be worth but 6. d. I conceive this to be against reason, and so against Law, worse than that abominable project of brass money, as the Honourable Commons were pleased to call it; for if I have 20. s. in my pocket and the King may proclaim this to be worth but 6. d. then may he take 19 s. and 6. d. from me, and then where is the liberty of the Subjects? Therefore I conceive that the King's Prerogative in moneys is for the well balancing of trade, and equality of exchanges between us and other Nations: in case that other Foreign Kingdoms or states should inhanse or debase their moneys, the King may do the like for the good of this Kingdom: that our moneys be not exhausted and drawn out of the Kingdom, if it should be much dearer here than there; but the purest fallacy that I have met with, is that, how can the Parliament grant a pardon to others, when themselves sent to the King to Newcastle for a pardon: as if a General pardon which is usually granted at the end of every Parliament, should prove the Parliament men guilty of all the offences thereby pardoned: A general pardon which is in effect as an act of Oblivion, supposes no particular man guilty, but tollit reatum quoad mundum: but a special pardon presupposes the offence: and must be pleaded: and so reason speaks it out that the King hath no Prerogative, whereby to hurt the people, but wholly for their good, save only in matters of honour and pleasure, and in a favourable construction of his Grants to be construed according to his intention, and not deception: which Privilege every Subject in reason ought to enjoy, and I wish hearty that his Majesty may enjoy all his ancient and undoubted Royalties, and Prerogatives, that are according to Scripture and right reason: besides which there is nothing that can judge between a Prince and his people but the sword: and let his Majesty's Honour be superior by many stories, than it was for the preservation of the Kingdom, in all things not injurious to the Subject, which his Majesty says is all that he desires: and God forbidden he should have any less, but let him not have power to hurt his Subjects, for he that by Law may do so, though he were the best man living, yet he is a Potential Tyrant, and his Subjects may fear him, but they can never love him: and the conceit of such a power, is enough to spoil the best Prince living: I know some Hispanialized Courtiers and Common Lawyers that having rested in the Letter of the Law, not looking into the true meaning of it, have made his Majesty believe that the Parliament have done him wrong, and taken away his Forts and Castles from him. What reason can Mr Jenkins, or any man give why the King may not as well command all the money in the Kingdom as all the strength in the Kingdom, or all the horses in the Kingdom in order to the Militia? As the Pope commands temporals in order to spirituals, for money is the sinew of War: Whereas his Majesty was never entrusted by the people against themselves, but against foreign forces, and that I take to be the meaning of the Oath of Supreamacy, which was intended against the Pope, that the Pope is in no sort head of the Church, other meaning I know none in a spiritual way but civilly, and so it was declared by that gracious Queen Elizabeth about the 13. year of her reign, which is or aught to be printed: For did ever any rational people put the sword into the hands of any man to have the point of it turned against themselves? that 1 Sam. 8. proves that Kings are to fight the people's battles, not the people to fight their quarrels: and if it be objected that the King never intended to hurt the subject with their own sword; I answer that that is all one, if the people say otherwise, for they must judge, & because all the people cannot meet together, therefore the Parliament must judge, for not to argue the point concerning the power of the Militia, which is but to argue whether a man be bound to kill himself. Put the case there were 20. men travelling together in a dangerous wilderness, they intrust one as a Captain to carry the sword, to defend them against all assaults, & command them in order to their best safety, and make him Governor: at last they are of opinion that this Cap. intends to betray them, they entreat him to redeliver the sword, he promises to be faithful to them: now in this case if there were no apparent ground of jealousy and distrust, the 19 are to be blamed for their levity & disloyalty, but yet this Governor is bound in justice and common honesty to restore the sword and not to make a war against the 19 to reduce them to obedience; for if they will be destroyed, who can help it? God doth not save any man against his will, but of unwilling makes him willing: nor must a Kingdom be saved against their wills: a Prince is not to lead his people by their noses, but to open their eyes to see their own welfare and embrace it: which if they will not, their destruction is of themselves, they do ill, but the Lord will not have them cudgeled into obedience, for this we find an example in Scripture of the 10. Tribes which revolted from Rehoboam their lawful King who had 180000. chosen warriors to fight against them, 
2 Chro. 11  but the Lord forbade; and though that be called a rebellion, in the last verse of the former Chapter, the reason of that is, because Rehoboam was King by God's institution and immediate appointment, and in such a case m●ght Rehoboam have said, ye have not rejected me but the Lord; but now all lawful power is originally in the people, and all lawful Governors chosen by them; 
A Conqueror hath Jus in re, not ad rem.  (for a Conquest is but a great ●obbery) good Kings reign by God's approbation, Tyrants by his permission till the people can free themselves; Kingdoms at first were Elective till good Kings prevailed to have their children succeed them, and certainly hereditary Kingdoms are best to prevent Factions: and therefore the 19 will have their Captain command them no longer; he may not fight against them, if he could procure any to take his part: nor will it avail to say that the 19 are Ignorant or distracted; for he must not question the judgement of his Electors: if the people know not how to choose a King, than the Election is void, and so a defective title, but they that have judgement to consent, for reasons best known to themselves, may alter and disassent, for this ease stands upon a special reason, differing from all cases of bargains and contracts, that rights vested cannot be devested, and what pleased at first may not displease at last: the King is born for the good of his subjects, not they for his good, further than to give him honour, reverence and recompense: this is the will of God to prevent Wars, which must otherwise follow inevitably: and 'tis a principle of right reason that as things are created, so by the same power they are dissolved; they which may institute may destitute; it strengthens our faith in the resurrection, that the same power which made us of nothing can raise us out of the dust. Mistake me not, I say if all the 19 should so agree, if but 3. or 4. should adhere to the Captain, I deliver no opinion in that case: but I am against that opinion that if any County or burrow. Town shall send for their Knights and Burgesses to return home and vote no longer, that in this case they ought to come back, because no man can be represented longer than he pleases; this erew to destroy the frame of the Government: For though every several Shire and Burrow make their several Elections, yet they are sent not only to vote for the good of their own County or Town, but for the general good of the Kingdom; and they make not several distinct representative bodies, but one entire representative body in the nature of a joint-tenancy: as the Soul is in every part of the body, so every Member sits in the House for the good of the whole Kingdom, as if chosen by all the people: the several Elections being by agreement for the more conveniency. But when B●rgesses are chosen for one Town, all the rest give their consents to such an Election, and so in Law it may be called the Election of them all, as between partners in a Drade, one brings 1000 l. the other as much, this is laid out in Commodities as a common stock, now none of them alone hath power over any part of the goods, though it may be purchased with his money, but all things is to be done by a joint consent, no dissolution to be by parts, that is to dismember the body, otherwise this would follow, that if two Burgesses voted only for that Town which sent them, if one voted in the Affirmative and the other in the Negative nothing should be done in that particular: but that which I chief intent in this discourse is not only that there may be a right understanding but endeared affections between the King and Parliament: and truly I know no way like this, to be persuaded of each others sincerity, that they acted according to their judgements & that light which they had revealed to them: that his Majesty would believe, as the truth is, that the Right Honourable Lords and the Honourable Commons did nothing but what they conceived themselves in Honour and justice obliged to do for the safety of the Kingdom, and that otherwise they could not have answered it to those whom they represented: and that the Parliament would be persuaded that his Majesty did nothing but what he conceived himself in Honour bound to do, without which he could not have given an Account to God nor his people with comfort; for possibly there may be an invincible Ignorance of one another's right. The Canaanites were in possession of a lawful title, the Lord commands joshua to dispossess them; who having a Command from God may lawfully fight, and they not knowing of God's Command might lawfully defend themselves: now in this case if the Lord had not intended a National Church & the destruction of the Canaanites, why might not an Israelite and a Cananite have been good friends, and said thus one to another, truly what you did you had some colour of reason for it, at lest you thought you did for the best, it may be I should have done so, had I been in your case: therefore let us do as we would be done by, as there have been Arguments framed against each others proceed, so I wish hearty that the King's Majesty and those evil Counsellors who were about him (he's now guarded with Angels in comparison) would argue thus for the Parliament; the Kingdom petitioned both Houses to raise Arms for their preservation; what could the Parliament do in such a case, having voted that there was an apparent design to enslave the people? had it been sufficient for the Members to have told the people; Truly we gave his Majesty faithful advice, besought him to reform what was amiss, but he harkened to his Courtiers and would not; and so we left him to do what he pleased. What would the Kingdom have said in such a case? would they not have exclaimed against their Knights and Burgesses, as the French do against their twelve Peers which being entrusted to oppose Tyranny prevaricated. Oh ye unfaithful men I was there ever so great a breach of Trust in the world heard of? Did we Elect you to infranchise us, and do you suffer us to be enslaved? Would you not put us into a Posture of war to defend ourselves, but suffer us to be destroyed insensibly, since you will not deliver us, our freedom must come some other way; what can be said in reason against this? And so that the Parliament would argue for his Majesty, amongst others to use but this: What? must his Majesty give his Royal Assent to all such Laws that both Houses shall present unto him? Put the case then, that the Lords and Commons in England present an Act for the free exercise of the Protestant Religion in this Kingdom, and the Lords and Commons in Ireland present an Act to his Majesty for the establishing of Popery in that Kingdom; what should his Majesty do in such a case? Must not his Majesty see by his own eyes and make use of his own judgement and discretion what is fittest to be done therein? Are not the sinews of the Leviathan perplexed, as job speaks, is not this a ground to scruple the verity of that doctrine, that his Majesty ought by his oath to ratify such Laws as shall by both Houses be agreed upon? I have known many Clients reconciled after tedious suits, and long endeavouring the ruin of one another; but it hath been upon this ground, that they have verily believed that nothing was done by either of them maliciously, but in order to the obtaining of their several rights; and that by God's blessing hath been an expedient, not only to tie their hands, but to unite their hearts, that it may be so between the King and Parliament, is my daily prayer: till it be so, this Kingdom will not be settled in peace and tranquillity. The very truth is, that by the Letter of Scripture and some Law cases, the King had a Colour to do what he did, as God's Ordinance, having an undoubted right to the Crown by descent, as his proper inheritance which no other Court in the Kingdom could have the least shadow of reason to do if they should break trust with the people.  
I have but one stair more to mount before I come to the Army, and that is, how far the Kingdom is to be obedient to the King and Parliament in all cases? And herein I desire to be carefully observed; because the Kingdom cannot be convened in its diffusive body, therefore it is form into an artificial body in the high Court of Parliament, which without all question is the Supreme Court, from which there is no appeal to any other, concerning positive Laws, for the deciding, and determining of the arduous and most difficult affairs of the Kingdom, both for titles of land when they please, and all the great turn and wind of state, it being most proper to determine the greatest matters in the highest Court; in which cases though the judgement of Parliament be not unerrable, because the members not impeccable: yet it is Inevitable; for the Public judgement of state resides there; and it is the will of God that for the preventing of wars and bloodshed that there should in every nation be some supreme Court to whose determinations every private man is to submit, as it is in Deut. 
Deut. 17.11.  possibly many of the jews might conceive that the judgement of the judges & Levites was not always right, yet it must stand to prevent a greater evil; I am not of opinion with learned M Jenkins, that acts of Parliament, which carry a seeming repugnancy are void, or that the Judges have power to control acts of Parliament, and construe them to be void, for this is to erect a higher tribunal; the Judges are obliged to expound the Statute according to the intent of the makers, otherwise they that are at the Oars should row against them that sit at the stern. The intent of the Legislators is the Empress and Qeen Regent, which the Judges are strictly to observe, and therefore that objection of a repugnancy in the countenance of this Pa●liament (for how can ther● be a Parliament every 3 year, if this continue 7 years) is but a flourish, for in all acts, grants, and wills, such an Exposition is to be made that every word may have its weight and be of force the meaning is pla●n, that after this Parliament the●e shall be a Triennial Parliament, & some incongruity, no more than when a man makes a Lease for 7 years & after from year to year, and no ac● shall be construed to be void when by any reasonable intendments it may be made good; the Judges being Assistants in the upper House, cannot but know the meaning of the statute if it should be penned obscurely, and by the same reason they ought as well to take notice of every private act as those which are general, and not to hazard the right of the Subject upon a nicety of Pleading which is so fatal to many men's rights: but it behoves Mr. Jenkins to hold that judges may expound acts of Parliament to be void: when himself being a judge in Wales, nullified Ordinances of Parliament, made for the liberty of the Subject, which he ought to look upon as an Ordinance of God, not to be disputed but obeyed: but this is the fruit of his studying Law upon the Sabbath days: whereof he was wont so much to glory, that he gained one year in 7, in his study: but all the hurt I wish him, is, that he would now study the Law of God, which is the only touchstone of all humane Actions, and the Archetype of all Governments: and what is against it, is pure innovation. But this I agree, that a statute against the law of God or nature is void, for man having no hand in making the laws of God or nature, they may not intermeddle in the Changing or repealing of them: but any positive law made by man, may be altered by the same Authority: and therefore the meaning of that in Dan. like the Laws of the Medes and Persians, which are unchangeable, is to be intended, either that those Laws were only a ratification of the Law of God or nature: a● the Counsel of Trent, that gave Authority to the holy Scripture, or else that they might not be altered by the Emperor without the people's consent. In the next place I conceive that no fundamental law of this Kingdom can be altered by the King and Parliament: but my meaning is, that nothing is fundamental but what is for the safety and happiness of the people: that which was no Law before it was written, that may be altered; but the happiness of the people was a Law before all written Laws. Magna Charta was Law before it was written, and collected but for easier Conservation, being for the people's happiness: and that statute in 42. E. 3. that every Law made against Magna Charta, shall be void, is no more than the voice of Reason: for the Foundation cannot be removed, so long as the building stands. It troubles me to hear, when I am saying that Lawyers ought not to make the trouble and disquiet of poor men, the Basis of their Grandor; And that it were happy for the Kingdom, if the Parliament would device some expedient for summary justice: what says one, will you destroy all, and change the fundamental Constitutions of the Kingdom? As if the ease and welfare of the people should be their destruction; I look upon it as one of the most necessary works to be done in this Kingdom, and that wherein there will appear much opposition, and if it be not suddenly done, it will not be done in this Generation; our Laws are actually or potentially the best in the world, for if any thing be amiss, the Parliament may reform it according to right reason, which is the soul of all humane Laws without exception, & no Law ought to live longer than the reason of it continues: away with all bugbear objections, and after Naseby fight lets never distrust God for any thing: I mean let us have such Laws as are not directly against Scripture: and for which some reason may be given besides the course of the Court: for that, for which probable reason may be rendered on both sides, is not fundamental; as the eldest son to inherit the whole estate: certainly there ought in all reason some provision to be made for the young Children, if the Father make none for them in his live time: but true it is, that many positive Laws are fundamental secundarily, to alter which would be full of danger and inconveniences, unless it were most evident, that great utility would thereby arise and accrue to the Kingdom: but that is not my present work, something I intent concerning Government in general rules by which no man can conceive himself prejudiced: as by general rules of Physic, no wise man can expect to be cured.  
1. That the people girt the sword about the King, the King says our Law books, is the fountain of honour, and it is true for the people's good, therefore doth the King make Judges and Magistrates great, that they may not be afraid to do right and justice to their brethren, so that indeed the state confers honours by the King, as the King gives the Alms by his Almoner: they presume that the King will make no Lords but such as shall be an honour to the Kingdom, in whom the Kingdom shall be preferred: the Judge's Robes are for the Kingdoms good, to strike a terror into offenders; if the Kingdom or the Parliament which is the state contract, can justly except against those which are honoured, that is, if they by their greatness oppress the people, and Lord it over poor men, the honour ought not to continue, for all Privileges and Preeminences are forfeited by abusers: no Privilege which is a private Law must oppose Public welfare: Indeed nothing done without the states allowance is allowable, that is nothing against the fundamental good of the people; and truly the main end of Parliaments is, to supervise the Public Magistrates, to see that Ministers of justice be just and execute justice impartially: If Kings did always prefer good men and confer the great offices of trust and judicial places upon the most idoneous and best men in the Kingdom, which are Infra Causam meriti, that best deserve them, there would be the less need of Parliaments; I mean officers of the Kingdom, for there are officers of the Empire for the Administration of Public justice, and officers of the Emperors as his Domestical servants; answerable to our distinction of the King's natural Capacity, and his politic Capacity, art is always the perfection and never the destruction of nature. Let me but humbly observe a little defectiveness in state policy concerning the King's Council: That the Regal heirs have not in their princely education, Tutors to instruct them in that which most concerns the good of the Kingdom, which is, Councillors to acquaint them in the fundamental laws of the land: how improper is it, that the King's Counsel should be least of Counsel with his Majesty: but by per-audience to gain other Clients, and be engaged in other men's business, when they should be attending his Majesty, still presenting the law before him, which is the golden rule of justice. Judge Fortescue holds it necessary for the people's happiness, that the King see with his own eyes, what is for his people's good, that so he may reward the most virtuous, the Fr●nch King is enjoined to pray so much every day, to be exemplary to the people, how happy would it be if the nobles and Grandees of state would study that fundamental and true end of Government, which is the welfare of the people! The young Prince of Persia hath 4, Tutors for Religion, as many for the Law, but 2, for Martial Exploits (for they said for the King to know how to ride the Great horse is but half as good for the Subjects, as to know the law by which he wears his Crown) and one Tutor for every moral virtue, patience, courtesy, temperance, chastity etc.  
2. Not to argue whether we live under a Government mixed and , or simple and subordinate; 'tis a common Tenent that the Empire France and Spain are merum Emperium, England, Sweden, Denmark and Poland a mixed Empire, the Venetians a pure Aristocracy, Holland, Geneva, etc. Jurisdictio sine Imperio: that, of the 6. Kings that be in Christendom, Fran●e and Spain have too much power, Sweden and Poland too little for their title, England and Denmark just enough to make themselves splendid and their people happy. All agree that the King cannot make a Law without a Parliament, and I cannot but exceedingly magnify the mixture of the 3. estates; the superlative trust by Law is in the King, Lords and Commons; ('tis but loss of time to look back into the power of the Bishops, for 'tis not much above 100 years since there were Statutes enforced for the Pope's supreamacy) yet so as if the Lords and Commons perceive that the King by evil advice undermines the subject's liberties to the manifest endangering of Salus, they must then necessarily suspend the operation of that mixture; as when 3. men are to carry a weight, if one plucks back his hand, the other 2. must bear it: for the consideration of public utility is always equivalent to a necessity, Causae necessitatis & util tatis aequiparantur in Jure: and therefore it is an error to say the people do not trust the right honourable Lords because they do not choose them: Their Nobility was acquired and is continued by noble actions; those noble Peers that have not deserted the Parliament, but continued faithful and adventured their lives and honours for the public safety deserve eternal praises, and in the multitude of such Counsellors there is much safety to this Kingdom; for all true Honour consists in virtuous endowments and their improvements, the principal whereof is faithfulness to the Kingdom, expressing their honourable endeavours after that in works of m●rcy, justice, peace and love. The King is ever present by his power; the Lords present in their persons, and the Kingdom represented by their choicest members, who are empowered for themselv●s and the whole Kingdom, so the whole Kingdom is figuratively present by a part taken for the whole (therefore the words Commissioners or Arbitrators, or Feoffees in trust, of exceeding their power and such instances used by many, are in my opinion very improper); now the honourable House of Commons being best acquainted with the Kingdom's Condition, all good laws do move primarily from them, which being transmitted to the Lords for their Lordship's concurrence, it is no small security to this Kingdom in peaceable times, to have the reasons of the Law solemnly debated & prepended in the presence of the reverend judges; for ever, amongst eagle's eyes, two eyes may see more than one, and after their Lordship's Concurrence, the King's Majesty desires to be satisfied of the reason and equity of the Law before he gives his Royal Assent; by such wise and great deliberations Counsels prove most mature and happy, as Corn that is long in ripening. I conceive that the noble Peers were originally entrusted by the people as Guardians of the Contract which the King made with them, and these noble Lords follow the King as the Planets the Sun in the Zodiac, from whom they receive their light and splendour for the public good; and the prevarication of some which have given his Majesty pernicious Counsel, as Eve tempted Adam (that had been sufficient to have undone himself and his posterity, but that the Law of England lays the blame upon the evil Counsellors) makes the fidelity and gallantry of the rest more glorious and illustrious: I would but humbly beg from that noble body, those great luminaries of State, that as their Lordships and their noble Families are exempted from the Presbyterian Discipline, so they would be nobly pleased to dispense with such who with any quiet of conscience cannot conform thereunto; that no coactive violence may be offered to such as be religious and peaceable in their differences, for that no rational doubt can be destructive of State-policy, as that noble Pe●r saith, 
Lo. Brooks.  who went to heaven in a fiery Chariot. And being upon my knees I would humbly beg of our most honourable Worthies 3. things:  
1. An Ordinance for the Redemption of our poor brethren in Algiers and Tunis, which are Captives and Galley-slaves to the Turks: If money be wanting, oh, why is there not more general Collect●ons for that blessed purpose, far better than to give to free-schools, and because they are far of;  
2. That in the interim the many poor slaves and hungerbitten Prisoners, in and about this great City and other places of the Kingdom, which are ready to starve, and no more able to pay those moneys which they lie in for, then to fly; and certainly to clap a man in prison till he can fly or pluck down Paul's, would be a great blemish to the Government of this Nation: Reason commands no impossible things, and a good Ordinance to be made for the sale of men's estates for the payment of their just Debts.  
3. That some effectual course maybe thought upon to abate the price of Corn, specially barley, that the poor might not starve, which might easily be done by allowing fewer alehouses, and the statutes for selling a quart of beer or ale for a penny, speedily put in execution. What a sad thing is it, that in a plentiful Kingdom many poor people should be ready to starve: oh, where are the bowels of English Magistrates? why should rich men have superfluities till poor men have necessaries? Let the King and great ones feast and the poor many times fast, but let no man starve; truly the ●ery Essence of a Parliament is freedom; a new Pope kept a Gaudy day to rejoice, because all his sins were forgiven, and that he was now free from the censure of all men: and being a Gentleman, asked a Cardinal, what shall I do now to show my love to the Romans? said he, pray Sr. forgive us all our si●s, and make us as free as your Holiness. The Honour shall be the Parliaments, the happiness, the people's. And here I would humbly pray those excellent Justiciaries to receive all complaints, Petitions, and Informations from whomsoever they come: I have thought sometimes attending some client's business, and hearing poor suitors complain of their long attendances, but if a man had some Information to give of a new Spanish-Fleet, or some dangerous invasion to be made against this Kingdom, he could scarcely be heard: in Holland when the general states are in Council at the Hague, there are always some appointed to come forth to receive any information that can be given for the Public good, and if any man says he hath business of Importance to Communicate, he go●s into the Counsel house: if it be frivolous he is well laughed at for his pains, and it may be fined: but to what purpose should there be a freedom of debate in a Counsel▪ if there be not freedom of Information to the Counsel?  
In the last great frost the River near Anwerp (that beautiful town in Flanders, which Charl●s the 5. said, was fit to be seen only upon Holidays) was all frozen over as the Thames was: and about 2. a clock in a fair Sunshine afternoon, there being at the least 1000 people upon the River, the Council being sat, there comes an old fisherman running and sweeting to the Common-Counc●l door, and said, he must be admitted instantly about extraordinary business, who went in and told the Council, that if they did not use some policy to get the people of from the River, they would instantly be drowned: for he perceived by the clouds, or some skill that he had, that the Thaw would be so sudden, that the ice would break within a quarter of an hour. The Council without any further dispute (for the matter had not been great if he had been mistaken) Commanded instantly the bells to be rung backwards, and the drums to be beat up, which the people upon the River hearing, thought it was a fire in the City, or that the enemy was approaching or some other extraordinary matter, made all possible speed From the river; yet not so fast but that there were at the least 50 drowned, for it grew dark of a sudden; there was a great shower the Ice broke, and the Thaw so unexpected that in probability had not this poor man's information been received, the most of them had lost their lives. How hard a thing is it for Clients and Counsel too to get into many places of Justice? The Doorkeepers are so hasty and angry if a man do but ask them any question in the most submissive language, and many of the Clerks so tasty and brinish, as if they were composed of that pillar of salt that Lot's wife was turned into, and so unaccostable that I profess a man may far easier have success to a noble Lord, or a worthy Member then to them: 'tis a shame to see how they make poor Clients dance attendance after their pipes; I profess if they do not reform their currishness they shall be known to all the Kingdom for their inhumanity; I confess the ingenuity, and readiness to give content with all civility, of those which attend the right honourable the Lords and Commons, and some others, is much to be commended: O but how difficult a matter is it to get a motion in some places of Justice? if a man could be dispatched after four or five attendances it were brave, and that which is most lamentable, 'tis all one if a man's Client be a prisoner: whereas a politic Judge would ask at his first sitting, Is there any motions concerning life or liberty or dower for Widows or Orphans, and dispatch poor men first; & them that can spare most Fees let them tarry; I know one that hath been assigned Council for 26. Paupers & could never be heard or above four or five of them; 'tis a point of great ingenuity in Lawyers to m●ve first for hi● poor C●●nt without his Fee; I have heard many of my learned Masters that they would freely move for any poor man as often as, he should desire, if it m●ght not hinder them f●r their other Clients; 'tis a gallant spirit trul●, though it be t● commend ourselves, yet 'tis a truth, and a man may commend himself to be commanded and employed as David did; but some are l●ke Rocks and will not be moved. What do you to me with your Paupers at the latter end of the day? When God knows he came two or three hours before the Cou●t was sat. What! do you think all to be heard? As if we came n●t to be h●a d bu● to hear others.  
3. That free people in their right wits never covenanted against the Law of God o Nature, nor meant to enslave themselves to the lusts of one or more whom they elected or consented to be their Governors; for the end of Government is the welfare, peace, liberty, safety, propriety, and all kind of happiness of the people; were it n●t for which there would be no end of Governors nor Laws, nor can a Kingdom be bound to any condition destructive to any of her own Members. Law is but the rule, safety is the and of Government; now the end as it is first in intention, so it is always more noble than the means, for the means, as means, is always inferour to the end, as he for whole sake a garment is made, is more honourable than the raiment; so health an● strength are the chief principal ends of diet, food and physic being the means, therefore are inferior, so are all Governors subservient to the people's welfare, as it is declared in that most excellent Declaration of the 17. of May, 1646. wh●ch deserves to be engraven in marble Pillars, that the welfare of the people, is the suprem Law; salus pop●li, is the end of all ends, for whose sake all positive Laws may be ended, and must expire like dead men; for the Law is but Lord of particular persons, th● Community is Lord over it, nay, the●e is no Law of G●d that stands in competition against the safety of the people; sacr●fic● must do homage to mercy, the morality of the Subjects must be suspended to save the life of a sheep, how much more for the welfare of the shep●erd; if it be lawful to br●●k the 4. Commandment, in the Lett●r of it, to save a man's life; how much more lawful is it to dispense with the fifth Commandment to save the lives of mil●●ons? all must stay and Lady Salus must first be secured▪ the Letter of the Law must not be killing to the people a whole Kingdom can no more be subject to a dead letter then the Romans to their own slaves; and as the Romans being a people full of generosity and courtesy never more expressed ●heir gentle disposition then by easy condescending to let their bond men at liberty; so our Worthies in Parliament can never do a work more glorious then to infranchise this Kingdom in their souls, bodies and estates; for which they shall deserve immortal praises.  
Q But hath not the Parliament an unlimited power and Authority?  
Resp. What agreement was between the Counties and the Knights of the Shire, and the Corporations and Burgesses when Parliaments were first called, no man can directly say; for my own part I do believe that there was some fo●mal agreement reduced into writings, what power the Kings and Burgesses should have, and specified in the Indentures of return made between the Sheriff and Electors, and the Knights and Bu●g●sses; which trust the Parliament men from t●me to time, faithfully discharging and Contributing to all Taxes and Charges out of their o●n estates; the people at last were conten● to le●ve all matters indefinitely to their Knights, and Bu guesses, and in many Burrough towns, there was scarce a man that could write in those days; but the matter is not great, for th●t which limits all Kings and Counsels is the end of Government, which is the prosperity of the people; and all agreem●nts are presumed to be made for the welfare of the people; No unnatural thing can be presumed, Authority is a challenge of obedience, legally by such as are empowered by any people Power (to speak properly) is an ability to put that Authority in execution; now all power in the people; which they well knowing, were not so careful as they might have been, to set limits and boundaries to Authority, because the strength remaining in themselves, they could never imagine that any Governors would Command them to destroy themselves, and therefore these Arguments about seizing upon the Militia, and forts of the Kingdom are weak and invalid; if the meaning be any other ways th●n this, that it is Rebellion for any or many private men to resist the King, and contemptuously to oppose the supreme Court of the Kingdom, because they are less than his Majesty, but that both Houses of Parliament can commit Treason, acting for the good and by the power of the Kingdom, is to argue that a man may commit Treason against himself, and that a man is bound with his right hand to cut off his left hand; things which nature abhors.  
Q. But what if a free people should make a general Letter of Attorney to some Governors to make what Laws they please against nature and humanity? May not a man tie himself to a post as the old Usurer that would bind the young heir to a Table?  
Resp. I answer, the authority is void and revocable, for no power can be given that is destructive of humanity.  
Q. But what if the Governors will not let it go, but act accordinly? for Domination is a sweet morsel, not easy to be parted with.  
R. I answer, that in such a case the pe●ple are bound by the Law of God and Nature, by force to redeem their liberties, they which be empowered must be overpowred, for free men can give away their freedom no further then as it conduceth to justice universal and paticular. Pha●aohs Law to destroy all the Israelitish males, or Herod's cruelty, or Lycurgus' Law to kill all weak or old people, or a Law to eat but twice a week, doth any man question, but these may be resisted?  
Q. But is not this contrary to Rom. 13?  
R. Truly 'tis very observable that that Chapter should be sent to that people which are the only opposers of Civil Magistrates, but the meaning is that none may resist God's Ordinance; a people may resist all but the Ordinance; now no Tyranny is God's Ordinance, there is no such authority; if I be bound not to resist authority, 'tis a good plea to say there is no such authority; therefore all Tyranny is resistable, and that is but to resist the violation of the Ordinance; if a King would kill any man against Law, there is no question but he may resist to save his life, for self-preservation is by the Law of Nature; for when I can have no Justice, the Law makes me a Judge in my own case, as if a thief set upon me to rob me, I may kill him because there is no justice near to help me; so if the highest Court in any Kingdom would kill the Kingdom, they may kill and dissolve that Court because otherwise they can have no justice upon it; for no man can give away the right of defending his life until he hath forfeited it. I assure you if Kings and Governors be cast at the Bar of Reason, the Scripture will never relieve them; for God and Reason never differ but in metaphysics; Did ever God empower any man to do injustice, or to erect a Court to enslave their brethren? Shall not the Judge of all the earth do right? God forbidden, the end of Governors is justice, safety and protection, which must not be lost to preserve forms or private privileges, which must never stand in competition with Salus. Substances must not be lost for formalities, Justice must be done, God commands it, if the Commanders will not do it the people must, have a care of the main is a good Proverb; the main of all is to prefer the main; I speak all this while when Governors act apparently against their Commssiions and the safety of the people; he is a Tyrant whom all the people shall call so; and that supreme Court is Tyrannical, of whom all the people shall say so, which is hard to imagine of any general convention; for it is not possible to vassalize the people but themselves must likewise be enslaved.;  
Quest. But if in such cases blood be shed, who shall be said to be guilty of it?  
Resp. The neglective Magistrate is guilty of all following exorbitances and extravagancies; he breaks the peace that constrains me to break it for my own preservation; nothing is more lawless than that Law that would endanger the Public welfare; not the Actor but the Enforcer rebels against right reason, and aught to suffer for double enforcing and accusing.  
Quest. But which is better of an Anarchy or a Tyranny?  
Resp. I have read much for satisfaction in that particular, and truly I conceive it fare better to have no Government at all then a Tyrannical one, as being better to have no Governors then to miss of the end of Government, which is the people's good; I agree it better to have continual sore eyes then to be stark blind, and that is no good cure for the toothache to pluck out all the teeth; but the principals of common Justice and honesty are still remaining in every man, though much defaced, yet not quite obliterated: and that which is sufficient to condemn the Gentiles, would be a better light to the people then to give absolute obedience to the will of a Tyrant; for what difference is there between being governed by the Devil, and a man that is possessed with the Devil? if there were no Governors in a Kingdom, but every one stood upon his guard, if a man were foiled at one time he might get the better at another, if to day he were grieved, to morrow he may be relieved, and no man durst kill for fear of being killed; for who is so strong but may meet with his match? therefore less mischief certainly to have it so then a perpetual slavery.  
Obj. But it will be objected that Magistrates are but in a dangerous condition, if the people upon every discontent shall be mutinous and quarrelous, and upon a supposition of injustice done, presently take arms to destroy Governors and Government.  
Resp. Indeed this is diligently to be pondered, and this I take clearly to be the mind of God, that in Kingdoms and States well settled, many Acts of Injustice are to be suffered without resistance, and to be passed by insensibly: In a great building a stone that is ill placed must not be removed; certainly when God commanded obedience to Kings, he considered that they were passionate men, with like affections, and would have Favourites, as others.  
As sufferance is counted by the Papists the highest point of merit; so certainly sufferance is the greatest wisdom to prevent a greater sufferance in matters which are sufferable; and I could be content to lose any thing, but my Conscience and Liberty, and specially for Christians to suffer in matters of common justice, and the things of this world; truly, I should highly commend it, because their Kingdom is not of this world, the loss of a Christians outward estate is not the loss of his inward comforts; nor is every cruel Government Tyrannical, it is much better to suffer much under the gracious influence of jupiter and Venus, then to live as Praetors and Cormorants under malignant Saturn and Mars, like Cannibals feeding upon one another's blood: If I knew that my Father would come into my chamber and beat me for nothing, I would not resist him, but if I were persuaded that he were resolved to kill me, than I should defend myself, and if it should come to that sad strait, that I must be killed or kill, though possibly my affection might choose rather to lose my own life, then to be the death of him that gave it me; yet my judgement would prompt that it is sel●e murder in me to betray my own life when I may preserve it, and though I should esteem myself most unhappy, and rather wish that hand that did it had been cut off; yet not despair, because it was against my intention and my will: If I were asked, who was the most unfeigned lover of his Country, and the Kingdoms best friend? I should answer in two things, He that is most forward to go ways which are dangerous to himself, and safe to his Country, whereby I exclude Neuters that will be sure to sleep in a whole skin: 'tis not the Innocent Sheep's skin, but the Fox's skins; (when the King of Sweden approached Frankford, the Citizens sent to him, that they might be Neutral till their Fair was passed, what says he, Are your Fairs dearer to you then your Consciences?) by Solon's Law Neuters were to be hanged.  
2. He that is content to suffer, when his private sufferings may conduce to the Public good; for every English man is a member of the body Politic, and what is good for the whole, he must conclude to be good for him; 'tis true, those that will not execute justice, deserve to be executed themselves; but consider whether sufferance or resistance conduce most to the common good; There are some Scriptures which seem I confess, to be contradictory, We read in the Book of joshua and judges, how a suspicion of Idolatry causes Israel to assemble to wars against Reuben, and Mana●seth, and against Benjamin, for the Levites Concubine's, all rising as one man, saying, Deliver us the children of belial; and Jonah was cast out of the ship, that would have been the wrack of them all; David took up arms against Saul in his own Kingdom, his King, his Master, as in his house and of his Table and Family, fled to saul's Enemy to Akish, and offered to second him against Saul, fortified Ketlah one of his Towns against him; and if Saul had stopped the Cave to have pined him, doubtless he wou●d have used means to get out; and yet God was his Counsellor by discovering the Princes of Keilah their intentions; and the people cried all with one voice, Jonathan shall not die for the good he hath done to our Country: and the Scripture speaks plainly, that tribute is to be paid so fare as the subjects may pay tribute to God, for this cause pay we tribute; I give such reverence to the holy Scriptures, that when I find a precedent, for which I do not understand the reason, I conceive there was a reason for it in those times, which is now absolete; things were done by special inspiration, which are not exemplary to us, nor may we judge where the Scripture is silent whether it was well or ill done; but I am clearly of opinion, that in a Kingdom well composed, if one man or 100 men should suffer in the Kingdom, that the subjects ought not to take up arms suddenly to right themselves, but expect with patience till the Authors and procurors of injustice be brought to condign punishment; for when an evil in State Policy cannot be removed without the manifest danger of a greater to succeed, wisdom must give place to necessity, (which all Kingdoms must make use of ordinarily) and people must study when the best manner of Government is not possible without great danger to be obtained, to make the best of the pre●ent; when the best things are not possible, to make the best o those that are; as we say, to make the best of an ill game, and not to throw it up, and say they will play no more, 'tis not the part of a fair Gamester so to do; when all things are quiet in a Kingdom, then consider how that which must be endured may be mitigated, and the inconveniences countervailed; but if the State collective in the whole body of it, or the State contract in a Parliament or Senate, shall upon good grounds conceive that the point of that sword, which they put into the hands of their Governors to protect them, is by evil advise turned against themselves, in this case clearly the sword must be wrested out of the trusties hands; if the Master and the Mate be drunk, all the Passengers must save themselves; if the Dogs will not bark, the Geese will cry when the Gauls are scaling the Capitol: for no inconvenience can be greater; and this was the Parliaments case for raising Forces; they wisely considered before they Voted any Army, that in that condition the Kingdom stood, the remedy could not possibly be worse than the disease, for the disease was the utter subversion of Laws and Liberties, and the destruction of the Protestant Religion, at least in the power of it; for truly to speak my thoughts freely, I do not think that the difference between the late Oxford Party and the Parliament, was whether we should be Protestants or Papists, but whether we should be formal Protestants at large or Professors in the power of Religion: and God grant that this may no longer be the Controversy in this Nation.  
But because tediousness and delay has ever been an enemy to this Kingdom, I shall say no more in a subject that has been so much controverted concerning the late unhappy differences, but shall apply myself to the present juncture, and first concerning the Army.  

1 Pet. 3.15.  BLessed Peter bids Christians to be ready to make an Apology for their faith; but truly there needs no Apology for the Army, unless it be for their too much patience, in suffering the Kingdom and themselves to be so long abused bysome Incendaries of State, who care not to set all on fire to warm themselves; For had they come to the Houses the next day after they were declared Enemies, and demanded justice against the chief Promoters and Contrivers thereof, it had been most just, by the Laws of God and man; and I am confident, that there was never any former Army in the world, but would have done it. That such Gallant men which have kept some of the chief Contrivers heads upon their shoulders, for an humble Petition presented to their Noble General, (which all Soldiers by the Law of Arms may do,) should be voted enemies and disturbers for that which since hath been acknowledged to be but just, was the most monstrous ingratitude that ever was heard of under the Sun since the first moment of its Creation; and sure they durst not so justly have provoked them but that they knew they were acted by more noble principals, that though they had the sword in their hand, yet they durst not offend God, Religion being to them the strongest bridle. But whom God will destroy for their great Provocations, he first dementates; they have rejected the Counsel of God, and what wisdom is there in them? Policy is a branch of wisdom, and all wisdom is from God: but this I must premise, that that Declaration was not in judgement of Law any Act of the Honourable House; for the most Honourable Houses being the Protectors of our Laws, the Preservers, Surveyors, and Defenders of all our lawful Liberties, and the Haven and Refuge of all that are oppressed, it cannot possibly be imagined that they in their great wisdoms should (unless misinformed) vote them enemies to the State, and disturbers of the Peace thereof, which with the adventure of their lives have saved the Kingdom, and preserved the Peace thereof. I say, under favour, we can no more imagine it, than we can the Sea to be poisoned; but it was in Law a Declaration of their malevolent intentions, who exceedingly misinformed and seduced, and did what in them lay to poison the very fountain of justice who suddenly contrived it in an illegal way against express order, at an unparliamentary hour, and so a mere nullity, rather a Nocturnal surprise then a solemn act of Consultation: Livery and Seisin made in the night is void; if a man be robbed in the night, there is no relief for him, it being no time for travel; no distress can be taken for rent in the night time, but a distress for damage Feasant may, for the necessity that else the beasts will be gone; and so by a general consent our Noble Senators have broken their sleeps, and sat upon the Lord's day in cases of great importance; but was there any such pregnant necessity to vote that night against the Army? I know that the supreme Court can never tie itself to any times or hours; yet if forty Members shall go into the House at twelve at night, when it was adjourned till the next day, and vote any thing to the endangering of the Kingdom in a second and more bloody war, is not this a pure nullity? but I shall say no more concerning that which hath been sour herbs to God's people, that the walls and bulwarks of the Kingdom should be looked upon by any as thorns and briars: because I consider that things extinguished may not by Law be revived, but this I am confident that our Noble Worthies and the Army are very great gainers by it; certainly no vote this Parliament has more endeared the Honourable Houses to all ingenuous men than the revocation and expunging of it; For though it be easy for the highest earthly Tribunal to be mistaken by misinformation, it is the rarest thing in the world not to justify an error. Every Court is more stiff to maintain what they have done, then careful to do nothing but what in right reason may be maintained; the magnitude of negotiations and multiplicity of votes, many times like apples may hinder the maturity of one amongst 10000 which is not the least dishonour to the great tree of life in our English Paradise the Parliament, whereupon grows and which is as the very tree of life of all our temporal liberties. Who but a David, a job, a Peter, or a Paul, will testify such a sweet Spirit of Christian Ingenuity? And St. Austin got himself more love and honour by his book of recantations than all his other works besides, and the Army undoubtedly has acquired much honour by that Noble retractation and obliteration, being an actual and effectual justification, and lost none by the publication of it, for no dust can stick upon pure marble: yet let not the chief promoters of it pretend innocency, nothing but repentance can be their vindication; Indeed our Saviour says that they shall think to do God good service by killing his servants, this is their case who are the real disturbers and troublers o● the peace of this Kingdom; they thought to promerrit by Sacrificeing the Children in the sight of the Father; There was a great King that was resolved to pardon all the Treasons, and Rebellions committed against him, till at last he espies the blood of his son sprinkled upon the Traitor's garments, and then no further condonation; The Lord will bear with tyrants and oppressors long, as in Turkey, Russia etc. against that rule Nullum violentum est perpetuum, because the times of their Ignorance God regardeth not, and they meddle not with the apple of his eyes which is conscience: but that pretenders or professors of Religion, which had scarce time to bless God for their own deliverance from Arbitrary power, and the Bishop's domination, should presently become oppressors themselves and persecutors of their Brethren; as it is to me one of the greatest miracles in the world, so it clearly prognosticates their ruin, for pride is the Harbinger of destruction, as Thundering and Lightning are not far asunder, and ingratitude is seldom punished in another world, What an high esteem and good opinion had this Army of the Parliament and City? what abundance of love did they express to them? dear souls! what needed they to have adventured their lives so freely more than o●her men? their engagement was not mercenary as Auxiliaries in France or Spain, who look not at the justice of the cause, but the best salary, and prolong the war as covetous Surgeons keep the wound raw for their own advantage, and so drink the blood of poor innocents'; but it was an honorary service as lovers of their Country that were resolved mori pro Patria, rather to die an Honourable death then to live a servile life, and therefore did not make a truce when they had taken one Garrison, and give the Enemy time to reinforce, like day labourers that care not how long the harvest continues, but as if they had contracted by the great to save the Kingdom for so much; surmounted all difficulties, run upon the mouths of the Thundering Canons (which were invented to deter men from going to war) as if they had been spirits and not bodies tangeable, or as if they had coveted nothing more than active Martyrdom, and what wonders were wrought by them in the revolution of one year requires a better memory and an exacter pen then mine to record, that the generations to come may call them blessed; for by this Army the Lord of Hosts hath rescued and redeemed the liberties and properties of this Nation, out of the jaws of all oppressors; to the end I trust that being so delivered, we may serve him without fear in holiness and righteousness all the days of our lives; so that I may truly say, that this Army (whom the Lord maugre all opposition will make glorious Instruments of his praise) hath been the breath of many of their nostrils both in Parliament, Assembly, and City; they had not long breathed but had been strangled or lost their heads, had not the Army stood in the gap for them, and yet by these men's good or rather wicked wills, the Army should not have liberty to breathe in the Land of their Nativity; was there ever such a mass of inhumanity and ingratitute heard of? What a blemish lies upon the State of Rome to this day, for their unthankfulness in the case of one Scipio, and upon the Lacedæmonians, for not erecting Monuments of honour for Alcibiad●s, and Socrates? Has not England sins enough to answer for, but it must be guilty of ingratitude? How would not only Romans but Pagans have erected Statues for the perpetual Honour of the Noble General, Lieutenant General, and the rest of those Joshuas and Worthies which have been as the second saviours of this Kingdom? and that which Crowns all, is their self-denial and humility; willingly do they talk of their errors, but what is well done the Lord hath done it, and it would have been better but for them; as the Master that guides the Scholar's hand to make a letter, the straightness is from the Master, the obliquity from the Scholar, without whom it had b●en better; yet they, and the people of God in this Kingdom, cannot but rejoice, that the Lord made use of their hands, in this great work of Reformation; But that I may not only show my own affection to the Army, and take the Readers affection, but convince his judgement and inform the understanding in point of rational satisfaction, I shall endeavour, I hope not without success, to make it very clear, that the proceed of the Army in not suffering themselves to be disbanded till the Honour, and the Liberties of the King, and people, be settled and vindicated; Is clearly justifiable by such demonstrative Arguments, that the impartial Reader cannot but in his judgement inwardly assent thereunto. It cannot be denied, but that this Army was raised to defend the just Liberties of the Subject from all Tyrannical Usurpation, Arbytrary exorbitances and Irregularities, and all oppressive ways of Government, to which end they have been honest, faithful, and true, as the Turtle to his Mate; for if all the malice in the world were infused into one eye, it could not discern the least spot of injustice, or violation of trust in this Army, for he that is true to his end, can never be said to break a trust; let but every man consider whose actions have been most suitable, and agreeable to the solemn League and Covenant, whether the Armies or theirs that oppose them; and then tell me whether it be better to take the Covenant and to break it, or not take it, and yet to observe it; whether is better to endeavour the extirpation and weeding out of the precious corn under the notion of tares and weeds, or to endeavour by all just means to hinder and prevent the slavery of this Kingdom under the notion of Order and Uniformity. Read but the Preface to the Covenant, which is as it were the key to open the mind of the makers [that having in our eyes the advancement of the Kingdom of Jesus Christ] sure that can be no other than to set up Christ in his Kingly Office as Head of his Church, for temporal Kingdom he hath none; and if man must reign over the Conscience, where must Jesus Christ reign? and calling to mind the practices against the Professors of the true Religion, what were those practices, but to imprison and persecute the best Christians for their Consciences? and the power of the Hierarchy was principally erected in the Consciences of men, therefore all Domineering over men's Consciences is to be rooted out, and certainly the greatest error and heresy in this Kingdom is to assume a power over the Consciences of God's people; and an unfeigned endeavour to amend our lives, there's a personal reformation; and to go one before another in the example of a real Reformation, that must be intended a public Reformation; not to wait upon Authority whether we shall serve God or no; but the Cobbler to go before the Doctor, the Sculler to outrow the greatest Scholar if he can, and not to hamstring them that would go foremost in the power of godliness, for a man's general calling of being a Christian does not depend upon the Magistrate. But why should not such a Discipline be settled universally as the greatest number of wise and Learned men shall agree upon? The answer is easy, because in very many Counsels Jesus Christ hath been out-voted by Antichrist, and the Assembly do not say that they are privileged with the privilege of Infallibility: let the rigid Presbyterians in the Assembly but answer me this Question, whether two parts at the least in three of all the Ministers in this Kingdom, be not for a moderated Episcopacy, and the Common-Prayer-Book? if ever it come to a Nationall Assembly, differences must be ended by the major vote; that which they answer, that few or none will be chosen, but of the Presbyterian judgement, I cannot believe it, for 'tis a violent presumption that men will nominate those of their own opinions; if it be replied, that we see in many places where the Electors have not been very religious, they have chosen the most religious Professors for the Parliament, that was not for the love of their Religion, but they knew they were the best Commonwealths men that stood for the people's Liberty; nor would that serve the turn if it were so, for the elected aught in Conscience to vote according to the general meaning and judgement of the Electors; we see in the Noble Ho●se of Peers, a Lord that has a Proxy may vote for himself in the Affirmative, and for the absent Lord in the Negative, if he send to his Lordship so to do: if four or more Ministers were chosen by all the Ministers of a County, and sent to a Nationall Assembly, these men ought not to vote any thing against that which they know to be the general intent, meaning, and desire of those that sent them; but whether the general comportment of the Army in all matters universally, and their late Actions, Remonstrances, and Declarations, be not more pursuant and prosecuting to the true meaning of the Covenant, the firm setlement of this distracted Kingdom in a substantial and complete manner, than any thing that has been published by the contrary-minded, let all the world judge. But when will heresy cease if there should be such an indulgence as you desire? This question is answered by B●ccalino, 
Ragvagli di Parn●sso.  and 'tis worthy the reading; All the great ones came to the Oracle of Apollo to inquire concerning themselves, at last came the Bishops exclaiming wonderfully against errors and heresies, that the Roman Catholic Apostolic Church was quite destroyed by them, and the jesuites lamented the want of love and charity, and said all was for want of order and uniformity; the Bishops desiring to know when their errors and heresies would cease, and the jesuites desiring to know when there would be love and charity; great expectance there was to know the Answers, at last the Oracle said that errors and heresies would instantly cease if the Bishops and their Successors were abolished; and that love and charity would abound when the jesuites and their Accomplices were extirpated: Observe two things, first, that persecution for Conscience sake is the only brand of the Antichristian Church; secondly, that those that complain so much of errors, are the greatest occasioners of them; and he that bids look to your purse, is the most dangerous fellow in the crowd. I am sure, if God's glory were aimed at, no difference of opinion amongst Protestants could possibly break the bond of love; may we meet in Heaven together to praise God eternally, and shall not we live lovingly together under one King? Is there any man in London but says he hopes to be saved by faith in jesus Christ? or if not, shall we send him to Hell unless he disturb the public peace? (which no man must do, for a Kingdom must preserve itself,) as that precious King E. 6. said, when the Bishops would have had him burnt a Heretic; whither will his soul go says that young, truly young S. Edward; to Hell said those bloody Bishops; but he shall not if I can help it, says he; do you endeavour to convince him; however, I will not send him thither before his time; 'tis presumed Thiefs & Murderers repent, he does not: Those are bloody butchers, sons of that scarlet Whore, that would have many men (as free from errors peradventure as themselves) in their days burnt for Heretics upon the Stat. of 5. H 4. made against Protestants. Was not that H. 4. a Usurper? Who was it that murdered, R. 2? Who but purpurated Persecutors and bloody wolves will deliver poor Christians to death or to cruel jailors, which is all one; for there is no magis and minus in persecution. Matters of wrong and offence are punishable, but not matters of Conscience, unless they be proditorious positions. If Protestants had been guilty of a Powder Plot in France, I believe they would never have been tolerated longer: hath not England paid dear enough for innocent blood? God hath been reckoning with Us for the blood of Barrow, Greenwood, Tisdale, Udall, Cappinger, and Oyers: do but read that excellent Treatise of that Worthy Author Sir Simon Dewes concerning this Subject, which is sufficient in reason to end the great controversy of the Kingdom, and to cast water upon, and extinguish all the flames of our present differences in matter of error.  
2. There is no other expedient left to settle the subjects liberties, but by the continuance of this Army, for he that knows any thing of the temperature and constitution of our Governors and Government must acknowledge that in probability, a Reformation in Courts of justice, and a meet liberty for tender Consciences, two things of the highest concernment, cannot without the intervention and assistance of this Army be expected, for who will consent to prejudice himself, or derogate from his own profit for the public good: put case the Bishops were sitting in the House of Lords and the greater part, what hopes were there to pass an Act for the abolishing of Episcopacy? Let all Histories be inspected and it will clearly appear that the heart of oppression in any Kingdom or State, was never broken but by the mediation of some strength, and therefore we should love those truths which cost so dear: and this not only in matters of Religion (which was introduced by blood in Germany, France, Scotland, Poland, Sweden, Holland, and all places where it is established, save only in this Kingdom; yet the Prophecy was, 
By Grosted Bishop to H. 3.  Populum Dei in Anglia non liberari à Papatu, nisi in ore gladii cruenti) but in matters of Civil Right, and Common justice. And now that God has prospered our Worthies in Parliament and made this Army so successful, shall the Kingdom be content with half their liberties? or remove the Court of Wards only, and let the poor Client be plagued and perplexed in other Courts as he is, and no hopes of redress? oh happy Indians that have no Law Suits, or suddenly ended. Concerning both, I trust this Kingdom will ever magnify and reverence them as the supreme Court; and as all the members of the body have a care of the head, and venture all to save that; so must all the people of the Land, venture their lives to maintain the Honour and just privileges of the King and Parliament; my meaning is, that we ought to have this esteem, not only of this supreme Court, and the constitution of the Government, but of every particular member, until it plainly appears that the Acts and Votes against the liberty of the Subject, and minds his own profit, gain, and the preferment of himself and his friends, driving on furiously like jehu amicable and peculiar interest, and neglecting the public welfare of the people; that being privileged himself from all suits, is not sensible of the Clients sufferings. I have often thought that it were to be wished that Magistrates had suffered in their own private conditions, that so they might learn to pity others; certainly for a Parliament man that is elected to guide the Ship of State, to look after the Cockboat of his own private fortunes, and cares not whether the Kingdom be Shipwrackt so as he may with the broken planks build himself a habitation; as it is the highest Treason that possibly can be committed, as being a breach of greatest trust; so certainly such a man, to say no more, deserves expulsion from the Honourable society. And if by the long continuance of Patliaments (which I take to be the present case) some members shall join confederate together to advance themselves and their own party, and depress all others that shall oppose their ambitious designs; and by their active vigilance and studied premeditations present matters so plausible in the House, and having the moon and starlight of natural parts and other politic advantages, shall so prevail to carry a Vote to the infringing of the people's Liberties; if such an extraordinary case happen, it will require an extraordinary remedy. I confess when a Vote of great concernment is carried but by 3 or 4, the lesser number is included in the greater, as 4 in 5; and when there is 203 vote for it, and 200 against it, the Vote is not past by 3, but by 203: and as Solomon said, two are better than one, therefore no better way hath been devised; yet it cannot be imagined that a fourth part in the Honourable House should ever vote against the Liberty of the subject, if the design be rightly apprehended, unless it be in a matter wherein they are exceedingly concerned in point of profit, in which case they are to be entreated to be absent: but must a kingdom be undone in such a case? his Majesty agrees that there is a power in both Houses more than sufficient to restrain Tyranny, and that his Prerogative is but to defend his people's Liberties; sure then the Parliament will give me leave to infer without any offence to that supreme Court (which is the honour and glory of the English Nation) that there is in the people a sufficient power reserved to preserve themselves from slavery and oppression, if those whom they have chosen to infranchise them, should be the infringers of their liberties: But here I shall be demanded, why should not the Army believe that the Parliament will, as they declare, settle the just rights of the King, and his subjects? Truly not to believe a Parliament, is moral Infidelity, specially such a Parliament which hath done such wonderful things for the good of the subject as this hath done; for our forces had not been so victorious abroad, had not our Counsels been most wise at home; but yet reason against sense is sophistical. Nor can I believe what some of the Assembly pretend, that he which is imprisoned for his conscience, has the liberty of his conscience; and now I have named that which is the great Apple of contention in this kingdom; for to speak my thoughts freely, though I believe most of the Assembly are men regenerate, and good Christians, and therefore I love them; yet had they never met, I am as confident as confidence itself can make me, that this kingdom had long since been settled in a peaceable posture; for we may thank them for their learned distinction of Presbyter and Independent, between whom lovers of peace desire to make the difference very small, but contentious spirits study to make it a wound incurable. For my own part, I confess it is very improper for me, and unwilling am I to meddle with differences out of my proper element; yet there being a great work to be done in this generation, and the only plaster that is large enough to cure all the distempers in this kingdom; I conceive after twelve year's study, being inevitably put upon the study of it by a special providence, and scarce knowing any other controversal point in Divinity worth studying, the Priestly and Prophetical office of our blessed Saviour being in good measure (blessed be God) vindicated and redeemed out of the hands of those Romish Hucksters; and whether the Inventions of men ought any more to be mingled with the Institutions of Christ in his kingly office than their good works in his priestly office, is now the great dispute. That the difference between them is not essential but gradual (for I look upon Presbytery as a step to Independency) not in the body, but in the garment; and therefore undoubtedly time and wisdom may temper a Reconciliation; only through pride and covetousness comes this contention concerning liberty for tender Consciences. Truly, whether the sword can be any better employed then for the defence of the true Religion, and whether it be not as lawful to fight for Christ's Kingly Office against the opposers of it, as for his Priestly Office against the Papists, it is not my intention to clear any particular, but to give some general hints, hoping that all God's people though of different judgements in this particular, desire a sound and durable peace accompanied with truth and piety.  
What my opinion concerning a universal Toleration of all Religions; whether it be tolerable or insufferable I will not deliver any opinion of it, because it is not the thing in question; I know none but Protestants that desire this liberty, and that not so much in Doctrine as in Discipline. I think there is scarce a Papist in the Kingdom but either actually or virtually in their desires at least, hath been in Arms against the Parliament; 'tis clear that Antichrist fought for the late Oxford party, whether they fought for him or not: 'tis much that Christ and Antichrist should pitch their tents in the same field; and therefore certainly, 'tis a fond Argument that men make; If you suffer Independents, then why not Papists? because those that have been faithful to the Parliament, and are of the same Religion, may in justice and equity have the liberty of their Consciences, not disturbing the peace of the Kingdom; does it therefore follow that Enemies to the Parliament, of a different Religion, whose Religion in the power and practise of it is flat Rebellion, their Head Antichrist, their Doctrine Heresy, and worship Idolatry, holding pernicious principles, destructive of State Policy, that theirs aught to be suffered? If any Papist be better principled and will take an Oath to be true to King and Kingdom where they live, in all points, and will not make it their work to seduce others, and the number so small, that the State need not probably fear any danger by them, as in Holland; I say nothing with it nor against it: but I would feign break the neck of that absurd Argument, If you suffer a Protestant you must suffer a Papist; does every diversity of opinion presently make a different Religion? I will assure you there are more differences between the Papists about those five little words, Hoc est enim corpus meum, this is my body, than there is between all the men in this Kingdom, and yet who more loving than they; before the Council of Lateran, it was good Divinity to say at the Mass (which gets a mass of money) adoro te si tu es Christus, I adore thee if thou be Christ; but since Transubstantiation is settled by their Law, they are so fallen out amongst themselves, how to make the body of our Saviour to be there as it was when he Instituted the Sacrament; that 'tis most admirable; and I think it better beseeming us that are Protestants to laugh at those Antichristian fopperies, and to pity one another; the strong not to despise th● weak, nor the weak to oppose the strong: let me instance in some of their differences concerning their Transubstantiation: Some Papists hold that Christ is not in Heaven, because he is in the Host, others that there are two Christ's, others are much troubled about the time that Christ continues with them; some hold that his body goes not into the stomach being full of humours, but then thinking there would be little fruit of it, they say he stays till digestion, therefore they use not to eat for three or four hours after; others hold the body never parts, but then no man needed to Communicate but once, and they could sell their God but once, and the party sins after, which could not be; then because this body cannot annihilate, being as impossible here, as 'tis in the heavens, they differ what is become of the body; some hold that it was gone to heaven, but that cannot be say others, because it was there before, than the doubt is, how can accidents nourish the body? some hold that so soon as the stomach has changed the form of the Wafer cake, that God Creates a new substance of nothing; but against that some Priests find that the wine does presently comfort them, and Priests have been drunk with much wine; then they are much troubled where our Saviour's head and his feet are, lest the Priest through ignorance should hold him with his heels upwards, and some hold that the head is always upppermost, hold it how you please; another Priest was very angry with me for ask him such a question that he knew not how to answer, but says the face is always towards the Priest for reverence; I know not how 'tis possible not to believe, but to imagine such a confused Chimaera. Then they dispute how the Organical Body of Christ can be in a thing so little, therefore they say, the more wine the better; But the Priest does not see the wine in the Flagon, yet say some the virtue of the words penetrates into it, others say 'tis Idolatry to attribute virtue to words, and others hold that the Pope took away all the virtue from the Greek words, and put it into the Latin; then they differ exceedingly whether the body of Christ came at the first word hoc, or at the second word est; some hold that there is much virtue in the word enim by virtue of the Pope's Unction, and that when the word enim is pronounced, if the Priest stop there, than it is 3 parts flesh and 2 parts Bread, because the Lutherans that hold Consubstantiation, say they are wiser than the Papists, for they eat bread with their flesh, the Papists raw flesh without bread; some Priests would pronounce the words with a very loud voice, thinking thereby to bring Christ the sooner from Heaven; The people are angry with the Priest, and say it is an incivility to invite a man to a Dinner and not make him drink, others hold that no Article of faith can be contrary to a man's senses. The Lord knows that I writ not this out of any Irreverence to the blessed Sacrament, 
Dominicani, Daem nic●ni, Franciscani, Fraudiscani, Carmelitanis, Carnalitanis, Mendicantes, Manducantes, Cervi, Servi.  but to show that the Papists have more differences among themselves then the Protestants, for he that will but read Mounseiur St. Aldegonds Table of d fferences between the Papists, shall find that there are above 500 differences between them about the point of Transubstantiation, which Trent makes an Article of their faith; and they differ in above 20. several points among themselves, the jesuites contending for the Immaculate Conception of the Virgin Mary; The Dominicans tooth and nail opposing it, every order of Monks and Friars studying to advance themselves and commend their own Saint and Patron, and debase others in comparison: so as if there should be as many subdivisions in every point wherein they are divided, as about Transubstantiation; which I think is no hard matter to make good: I might conclude that there are 10000 differences among the Papists, and yet they all agree cordially against the Protestants, and live as lovingly as if they were universally of one opinion; and in Luther's time having a general meeting for the reconciliation of all these differences, one of their Bishops, subtle and politic, fearing that Luther's Arguments would take w th' the People, to make the Mass an arrant strumpit, desires to make one objection for his satisfaction against it, the which was that either Christ held in his hand bread, or his body, or the accidents of bread, or something else, or nothing; if bread then the word, this must be taken for this bread, and that would be repugnant, if his body, it had been absurd to say my body is my body, and they say it is no body, till after the prolation of the words, if the accidents, than the Transubstantiation was before the words, and to break accidents is not to break bread, if any thing else, what was it? if nothing, the Scripture is false, for he took, and to say that the word this demonstrates nothing as present, but what shall be; this is to make our Saviour a juggler to deceive their senses; concerning the Virgin's conception without sin, he was likewise puzzled because the Scripture says all have sinned but only Christ, and how then do they keep a Holiday for the Virgin's Conception? for no day may be kept holy for an unholy thing: Others said it was but tolerated not approved, but says the Bishop, brethren you see these are rational doubts, and your jarring will be the Lutherans uniting: therefore Pray, since we cannot all agree in opinion, lest our differences should advantage the common Enemy, let us live in love, and banish all strife and contention: and I do here by Authority from the Apostolic See, decree an Amnestia and Oblivion of all differences that have sprung up amongst any Papists concerning variety and differences in judgement, the harkening to which advice as some Politicians observe, 
An Act that all that differ in opinion shall li●e lovingly non obstante.  was a means to continue the greatest part of Germany in the Romish Religion; I remember that at Paris going to see the Cardinal's Library which was kept by Doctor Smith our Countryman, a subtle man, and a great Scholar Bishop of Chalcedon (alias terra incognita) he was very earnest with me to reconcile myself into the bosom of the Roman Church; abusing that Scripture that the Nation which did not serve her should be destroyed, and so must England. I told him that mystical Babylon must be destroyed: and he speaking something uncivilly of England, saying he was persecuted for his service done to his honoured Mistress and dear Mother the Church of Rome: I made bold to tell his Lordship that he Courted a foul Mistress, not because she was foul, but because she was in the dark: and in the dark Pope joane is as good as my Lady. Amongst other discourse, he told me, that the Protestants in England would destroy themselves, and entreating his reason, said he, do not you see how they persecute the Puritans in England, and Scotland, and at Geneva? And in the French Church, Master Melletier Amarant, for small differences in opinion? who being men more singular for zeal then the rest are disgraced; whereas in our Church those which are most zealous are most honoured, and the humility and austerity of the Capuchins and Cordeliers help to make amends for the luxuriance of other orders. I wish every understanding man would but ponder this Argument: can that Religion subsist and flourish, where the most strict and powerful professors of it are the objects of malice, and oppressed for their Consciences? We allow says he, a greater latitude of opinions in the Church of Rome notwithstanding the inquisition, than your Bishops will do in England; I told his Titulary Lordship that is was the interest of England to be as zealous for the Protestant Religion, as the Spaniard was for the Popish; The purity of the Gospel and the free exercise and practice in the power of it, is now the interest of this Kingdom, and there is no such way under Heaven to make this Kingdom suddenly happy as for all godly men though of different judgements to unite cordially together against the common Enemy. I think no man will say but that the Independants are as great Adversaries to Popery as any others are in this Kingdom. But now says the Reader, I perceive you are for Liberty of Conscience, that Babel of confusion, and monstrous Chimaera, as men call it. Stay good friend, if you be a spiritual man and a new creature, that hast found any mercy from heaven to thy poor soul, I shall speak a few words with you about this business, for spiritual arguments to a dead heart are but as warm water to a dead man; for a carnal man to argue of spiritual privileges, is for a man to take out a hot Iron with his fingers. Conscience is a Diamond, and only wrought upon by the dust of a Diamond; men that have no Conscience know not what it is. The best argument that hath been brought against the congregational way, is that which the Papists urge against Christ's Priestly office in point of satisfaction, that it is more liable to Abuses and Heresies, than the way of Classes; so says Aquinas, if good works do not merit, who will do any good works? the prudential way certainly to move men to do good works, is to tell them that they merit by so doing; but look at the Institution, what is the will of Christ? I do not intent to argue it, but to the former question, can the sword be better employed then to defend good Christians? what injury hath the Gospel of grace done to this Kingdom, this 100 years, that all men should not venture their lives to maintain it, if any should unjustly go about to deprive us of it? but did not the Christians in primitive times suffer Martyrdom? 'tis true, Christ Jesus had newly suffered, and ●od would have the first seeds of Religion watered with blood, and Religion than was but a novelty, and in its infancy; children are subject to be abused by every one, which being of age will defend themselves; but for a considerable number of men to fly or suffer death, is rather to be sheep then men: does Religion overthrow nature? That example of the Theban Leaguer under Maximilian was mistaken by Tertullian, for the Christians were dispersed and knew not their own strength; and that Saint Maurice had 5000 in Arms, and would not fight against the King of Thebans, is not reported by any credible Author, but that 20000 Christians were martyred on Christmas Day under Diocletian, possibly it may be so; and so it was in Paris at the S. Bartholomew 1575. ten thousand Protestants massacred. But all these Arrows fall short of the mark whereat they are shot. 'Tis certainly more valour and Religion to fight for the maintenance of the true Religion established by a Law, then to suffer patiently; active Martyrdom in such a case is better than passive, and this is no Hostility; they begin no war, they provoke not, the persecutors may have peace when they please, let them not strike, and give assurance of it to those which are in Arms for their Religion, and they will lay down Arms presently, as the French Protestants told their Kings. Will the Cardinals suffer an heretical Pope, as they call heresy? no; will the Bishops suffer heretical Cardinals? no; will the Priests suffer heretical Priests? no; will the common Papists suffer heretical Bishops? no; do we not defend against God himself by physic, and by food against sickness? If a man have a sword in his hand, 'tis absurd to tell a Thief of Law and justice, but fall upon him: Constantine fought against Licinius in Palestine, and made him give Liberty to the Christians; to stand by and suffer a brother to be killed is worse than the Murderer, for the one may be through choler and the violence of a temptation, but not to help my brother argues a base spirit: and is it not fratricide in me not to seek for justice upon him that hath killed my brother? I fear the death of Barrow and Greenwood, etc. lay heavy upon some who might have opposed the Bishops. What must the pillars of justice and truth be shaken for Uniformity? must rights be invaded and violated for Forms and Ceremonies? tell me thou Believing soul, does thy Religion consist in an ocular beauty and outside uniformity, or in a real love and inward conformity to the Laws of Christ? is thy soul at rest, in the enjoyment of thy God, in the face of Christ? and dost thou vex and disquiet thyself at Forms and shadows? dost thou persecute thy poor brethren, partakers of the like precious faith with thyself? imprison his body and vex his righteous soul, because his eyesight possibly is not so clear as thine, and yet pretend that Conscience is not enforced, but only the outward man, and so mock and jeer at the calamity of thy brother? who possibly hath greater enjoyments of God, and lives more by faith and less by sense then thyself? but says one, may not God sanctify this way to reclaim him from his error? must it be an error because thou sayest so? and if it be so, wilt thou be unjust because I am erroneous? I pray thee, which is the greatest sin? the manner of God's worship is no matter of justice; many Christians do not meet in the public places, having been consecrated to Idolatrous uses, and there was no natural use for them; and are not satisfied when I tell them that by the same reason they may not worship in this Kingdom because dedicated to S. George, nor upon any day in the week, every day having been dedicated to some Saint or other; it satisfies them not, for of the days and times there is a natural necessity, but none for the places and grounds, which by special command were to be abolished; for my one part I conceive this to be an error; but may any man therefore violate justice, the queen of moral virtues; the supporter of Thrones and States, and commit palpable injustice, the quean of vices, and supplanter of States and Kingdoms, by invading these men's houses which are by law their Castles, and offer violence to their persons who are praying for the Magistrate, that under him they may live godly and quiet lives, and destroy all civil and natural relations; haling the poor husband from his wife to a prison, and punishing the innocent wife and children, who are not erroneous for the husband's error. if this be not injustice there was never any done under the cope of Heaven. Can it be for the public good to imprison a man because he will not sin? therefore, can this Kingdom be happy without such a Liberty of Conscience? and is it likely to be obtained if this Army were disbanded? speak plainly, did not persecution come on like an armed man? would not cruel persecutors and Oppressors have had, if they might, the same power over God's people as the Romans had over their slaves, if they spared, it was a courtesy; had not every man in the Army the next day after their disbanding been in the same condition for his Conscience as the Papists are, if these men might have had their wills upon them? And are not some which have ventured their lives against Popery and Tyranny indicted upon the Statutes of Recusants? which were made to distinguish between the jesuited practising Papist and the peaceable Recusant? who till the eleventh year of the Queen repaired constantly to our Churches, and after fearing lest the Papists should be too rich, the wisdom of State, imposed a penalty upon them of twenty pound a Month for their absenting from Church: and what comminations have there lately been to proceed against poor Christians upon the Statutes of Heresy made in time of Popery against the Lollards, which were Protestants, and Wickliff's followers, one of our protomartyrs of England? truly Superstition is an unreasonable thing; such bloody opinions prove the Authors to be rather beasts than men. Honest faithful men because they cannot in all things come up and conform to the opinion of some Prelatical spirits, must be denied the liberty to breathe, and civil cohabitation; or if that favour be obtained, they must be made hewers of wood, and drawers of water, as if the ten Tribes should have been slaves to the Gibeonites, nay worse than slaves, their very Oxen to plough for them, and reap for them; the honey by those men was not intended for the Bees; sic vos non vobis, etc. Tell me now, is it not more mercy to kill the wolf, then to let him go? is it not better to be nourished by a Thief, then killed by a Shepherd? is it not better to be healed by an Empiric, then to be poisoned by a Physician? But in the former Case that I put, where twenty chose a Captain to command them (for he is as truly a King, though not so great and glorious a King, that reigns over twenty, as he that reigns over twenty millions. Many of the Kings mentioned in Scripture, of Sychem, jericho, Sodom and Gomorrah, never had so large a command as the Lord Mayor of London. No King in Israel was Conductor of the people. Governor is the general word, and to be a King is but one kind of Government: Florence and Muscovy, but Dukes in name, have the greatest power of any Kings in Christendom) if the seventeen desire to serve God contrary to the Captain's judgement, with the Common Prayer Book for the purpose; the Captain with the other two comes to the house where the seventeen are worshipping, interrupts them, and will hale them to a prison; they allege for themselves, that they do not any way disturb the present Government of State, but desire freedom in their Consciences; the question is, Whether in this case it be against the word of God, for these seventeen to defend their own profession, and to destroy the Captain and the other two for the liberty of their consciences, if otherwise they cannot preserve it? my meaning is, after all means of entreaty used to the Captain, to be indulgent to them in so precious a thing as God's Service is, and flying b●ck to a wall, as we say, as fare as a man can when he is pursued, and so to make it but a pure se defendendo. For my own part, I think that it is not only lawful, but a thing most necessary, that if these seventeen men should suffer themselves to be imprisoned for their consciences by their Captain and two others, that God would be angry with them for being so unnatural and unjust to themselves. But then the question will be, If the Captain and seventeen should be of one opinion, and the other two contrary minded, and the eighteen make it capital, and condemn the other two for Heretics; whether may the other two resist in this case? I answer, they may save themselves by flight if they can, but for two to take up Arms against the eighteen, I am doubtful whether it be lawful, at least convenient, because there is no probable hopes of success; and it is the mind of God, that these two should suffer patiently what they cannot help; and this will fall within that excellent Rule, Of two evils the least is to be chosen; the two are sure to lose their lives, therefore they must suffer patiently rather than to endanger the lives of others with them; for the God of peace does not delight in wars: and then an evil is judged to be inevitable when there is no apparent ordinary way to avoid it, because without an extraordinary warrant we may not presume of God's extraordinary power and assistance; as if an honest man with a sword be set upon by two thiefs with pistols; now in this case I hold it wisdom to deliver his purse to save his life, because two are stronger than one. Nature is God's Lieutenant and efficient, by a power from God received, continued, & permitted; and in humane affairs we are to look what the course of Nature may probably effect, if not checked: when God says this shall be because I will not hinder it, than Nature of its own nature produces such effects. What King with a thousand will fight against him that comes with ten thousand? and as the use of lawful means for safety, does not argue a confidence in the creature, but a subordination of the means, that God without means can do it, but means without God cannot do it; yet sometimes God puts more strength then ordinary into the creature, and acts more immediately, by ten sometimes chase a thousand, therefore I pass it over: But my meaning is, that a war for defence of Religion is unquestionable, but the manner is always to be pondered; and that in any Kingdom or State where such a considerable number of people which are the stronger part, shall upon good grounds be convinced in their judgements that they cannot by reason of the prevalency of some proud, domineering, covetous, or malicious spirited men, that had rather lose a Kingdom then that some men should enjoy too much of heaven upon earth; and would set the Kingdom together by the ears to get their Earrings; who while they exclaym against Conventicles, and private meetings of honest people, are themselves the most dangerous, and only Conventiclers that I know in the Kingdom; having their constant meetings how to oppress and degrade all that stand in their way, both in souls and bodies; it being such clandestine and factious Ends only, that in judgement of Law makes a Conventicle; for a hundred men to assemble to carry a Tree, is no offence; and will not let honest and peaceable men have freedom and liberty to serve God, according to that light they have received from the Father of lights, and to receive common justice, submitting for conscience sake to every ordinance of man: in such a case it is not only permitted but commanded that these men manfully defend themselves and their liberties, or else they are in effect selfe-murtherers, and in such a case, the truth of God is of that value, that his meekest servants will fight for it, rather than it shall be endangered: what Doctor Ferne objects against it is but stubble and combustible, and will not bear the weight of a feather in the balance of the Sanctuary, for will any man that is sound in his intellectuals, (unless he desire to be a Bishop) Imagine that ever Saint Paul commanded the poor Saints in Nero's household to be subject to Nero in Church matters, that was an enemy to them, or to Caligula, that wished that all Christians had but one natural head, as they had but one mystical; I wish there were no Caligulaes' amongst us, that would be cutting off many heads at one blow. Indeed if any Court might enforce men's consciences, what miserable things were Christians? Truth shall be sure to be shut out of doors, for the most are seldom the best; Paul speaks of legal, civil authority, the Saints in Rome are but a handful, and had no law for their Religion. That there should be some government is God's institution, as in the fifth Commandment, which binds the conscience in positive Laws, though hard and rigorous, but the manner of it is man's appointment and constitution, of whose power and authority, good and evil actions are the proper and adequate objects. I willingly grant that the Magistrate who is a good Christian stands upon the advantage ground, and aught to command the people for God's sake, to yield obedience to the Laws of God, and to be exemplary in his conversation, and to protect God's people by declaring against errors, and that no man ought to bear with an error in his dearest consort; but persuasion is the Gospellary way without all dispute in matters not fundamental. My Lord Bacon was of that opinion, he that is not against us is with us. Spiritual maladies must have spiritual remedies; in matter of opinion I wrong no man; if he be offended at me, it is his weakness, I intent it not, I speak of errors in Religion, not errors against Religion, with a toleration whereof no State or Kingdom can subsist. 'Tis a fruit of the Turks Religion, not to cozen nor steal, and to make conscience of an Oath, to do no murder nor adultery: 'Tis against intrinsical rules of all government, to permit any of these, nor must any error be permitted, that is a sworn enemy to peace and policy. Man can give no power but what God gives, therefore it is no resisting of authority when there can be no such authority given; matters of conscience are not giveable nor takeable. If I bid any man kill me, and tie my hands, yet I may break the cords; I cannot give power to enslave myself, nor ought any man take it. If there should be any Covenant made to enforce conscience, it is an unjust Oath, and to keep it is to add a greater sin to a less, as if the first were too little, whereas the least is too great, and should be lessened not enlarged,; and though I am bound to lose by my Covenant, yet not to be undone by it. When the Lord visits us with sickness, do not we defend ourselves against his blessed Majesty by Physic, by food and raiment? And nothing more lawful and natural than self defence, against which no Canon can be of force, as it was resolved at Constance, that a Canon made in favour of an angry Pope, that he might strike any man, and no man strike him, was void by the Law of nature: for what is it but to arm sin against the Law? did not Sweden, Holland, France, Germany, Poland, and Scotland, introduce Religion by the sword? Calvin, Beza, Bellarmine, Carrerius, Junius, Turquet, Bucanus, maintained the lawfulness of it, and Bilson in the Queen's time wrote a book in defence of it; not to invade the Turk because he is not a Christian, but for the freedom of their own consciences. King James in his Epistle to Perron, justifies the French Protestants fight for their Religion, calling it a defensive War, that he which offers the wrong is always on the offensive part, as he that denies the debt gins the suit, and such a wrong doer cannot be wronged. Geneva in 1536 cast off the Bishop their Prince, and Calvin skies, Populars may restrain all kind of tyranny, as the Ephori did the Lacedaemonian Kings, and the Tribunes kerbed the Consuls; and if for bodies much more for souls: the reason is because every people in the conferring of power, reserve so much to themselves to attain that end whereunto they are ordained, which is the glory of God and their own freedoms and welfare. Certainly God never commanded any Magistrates to lay any clogs or Fetters upon the consciences of his own people, that's the apple of his own eye; yet so, as if by force his people be destroyed, they must take it patiently, die like lambs for the Lamb's sake that died for them, but they may not suffer if they can oppose it, that's to be guilty of self murder. The sufferings of Jesus Christ were voluntary, and when we resign our wills to a thing enforced, we make it willing and so the Martyrs were said to lay down their lives willingly, and yet they could not help it. This fight for Religion is not to fight to promote it in others, not to kill any tyrants that oppose it, but to preserve Religion and the professors of it.  
All Magistrates are tied to the Laws of God and nature, and 'tis a less sin for a private man to break those Laws than the Magistrate who is entrusted to keep them. For a Commissioner to break a trust is the highest prevarication; against which illegalities self-defence is lawful, if the party can help it; men may free themselves from tyrants, if they can; if not, what remedy but patience? the reason is perspicuous because no man can empower another over him to command against both, or either of those Laws, and therefore the meaning of those commands of honouring the King, our parents and governor's, is to observe all such lawful commands as are not contrary to God and nature, for God is the God of order, which he should not be, if Governors were to be obeyed disorderly.  
If a King or Governor be mad, must all the Kingdom be fools to obey such a Devil as that Duke D' Alva was, that made the Hangman's place in Flanders better than the Chancellors. If such a Magistrate be drunk, and resolved to kill whomsoever he meets, may not the people shot him up all night from doing mischief? to take away a madmans' sword from him, is not to take away the property but to prevent the mischief. Many of H. 7. friends had sworn fealty to R. 3. yet H. 7. did well to kill him, and we never read of my pardon obtained from the Pope; the Royal race of H. 7. inherits still in our Sovereign Lord King CHARLES, to whom God impart as many graces as to all his Ancestors, that as he hath made the heart of God's people sad, so he may now make it his royal study to set Jesus Christ upon his Throne, by whose gain his Majesty can be no loser; and long may that Royal race continue to administer and execute good and wholesome Laws for the prosperity of these Nations, by which it is more honourable to command 10 free men, then to tyrannize over 10000 Galleyslaves. If the Magistrate in a Protestant Kingdom should introduce Popery, as in Queen Mary's time, a particular man may not oppose; but the Parliament might and by the Law of God ought to have opposed it: But if the Lord had put a sword into the hands of the Smithfield Martyrs, able in probability to have defended themselves, these could not have died with comfort for their Religion; for I cannot judge him a good Christian that is not a moral man, and he that will not do right to himself to defend his own life will hardly do right to his neighbour, he that hath but a little mind can be but a little virtuous.  
I affirm, that the Army may not disband in point of honour, till this Kingdom be in a better way of settlement, for I ever thought that there was more to be done for the happiness thereof, than the humiliating and geniculating of the late Oxford party, whose s●●e rather then out reformation might be the cause thereof, for do not their adversaries brag before the victory? if many cruel men might have their wills, what could the Army expect when disbanded? Therefore if they should hereafter suffer, they would undoubtedly make themselves a Ludibrious and derision to all the world; what? 20000 armed men victorious and veteran Commanders and Soldiers, (not flesh but bone) that fear nothing but to offend God, neither the sons of Anak not the sons of Cain, that speak big like Giants, and persecute their brethren ●an Army that hath the justice of heaven on their sides the prayers of God's people the good will of the whole Kingdom, that have been the Joshuahs' that have led God's people into the spiritual Canaan, that are plainly told, that if they were disbanded, they must not have a mouthful of air in this Kingdom, but in a prison; unless they will put out their own eyes, to see by the spectacles of other men in point of God's service and worship▪ that are called troublers of the State, Heretics and Sectaries, that had been better, the liberties of the Kingdom had been lost then saved by them, and all this to their faces with their swords in their hands. For such an Army as this, I say, to think upon disbanding as the ●ase stands, I must make bold to tell them, that if they should, Jesus Christ would take it unkindly from them, and they would make themselves culpaple of all the precious blood that should be spilt in a way of persecution, and all the reproaches mockings, scorns, scourging banishments, imprisonments, contempts, ignominies, disgraced and affronts, that shall be cast upon any Christian, and the Gospel of Christ, which any of God's people shall hereafter in any wise suffer in this Kingdeme for their consciences and sincerity in God's service would be laid upon their score; and I solemnly profess with words of sobriety, upon the Altar of truth, that God's people and this whole Kingdom would have cause to blame them as the greatest prevaricators of all others; for to be treacherous for honours is dishonourable: for a great Office to betray a trust is sordid and mercenary; to betray a trust for fear is cowardly and servile; for flattery or insinuation is weak, effeminate, and childish; for love or relation is not so great an offence, because more humane (howbeit, all treason committed against a man's Country is inhuman and unworthy:) but for one Christian to betray another, is of all treacheries the most abominable: and here let me make this argument for the Army, will it be sufficient for them to say if persecution should arise after their disbanding dear friends we cannot help you, the Parliament are all for the Presbytery, many of the Assembly and City Ministers were so importunate with many of the honourable Members to settle their Presbytery, that we have left all things to them, would it not be answered; what, Hath the Lord that gave you courage taken away scir wisdom? did you begin in the spirit and end in the flesh? Is this the requite all we must expect for all our ●●●es for you, who have prayed and believed you into all your victorior? You say it had been most noble, and so indeed it had, for the Parliament before you engaged, to have told you plainly, Gentlemen, We suspect many of you to be Independents, be advised what you do, if you give us the victory we intent to settle a Presbytery, and to suffer none to live in the Kingdom, but such as shall conform to the present government; if you will fight to settle Presbytery, well and good; but your victory will be your ruin for the King promiseth a liberty and indulgence to tender consciences. Might not your friends in the City and Kingdom, as well have expected as much from you, that you should have told them, provide for your own indemnity, the Bishops being by our means put down and abolished, and the Presbytery settled, we intended no more, as for the freedom of our consciences and yours, and finding out an expedient for cheap and quick justice to be administered in all places which might make the poor Kingdom some good amends for all the charges they have been at, if the Parliament please to do it well and good, we have that which we fought for, Et gaudeant possidentes. 'Tis therefore but a taking of God's providence in vain by many, that looking only at the outside of things say, that this Army loses much of their Honour they had gained by not Disbanding, 'tis quite contrary, they had endangered the loss of their Honour indeed, if they had disbanded before Laws and Liberties be settled; perseverance is the Crown of Action, to fight for Laws and Liberties, and then to suffer an inconsiderable number of Intendiaries to trample upon the Privileges of the Subject; this had been a stain of a deep dye; the truth is, that the bellows are blown by some of the Clergy themselves. Who knows not but that Divines (as they call themselves) have by their Divinations almost infatuated all Christendom? but there is no Enchantment against Israel, nor Divination against Jacob; says Luther, If Popery had lasted but two years longer in Saxony the Priests would have made the papists to have eaten straw with the Oxen; were not most Kingdoms in Europe, governed by Cardinals, Bishops, Priests and the Clergy? who did not easily foresee in England, but that it was an impossible thing to abolish Bishops without a War, the Hierarchy had such a deep rooting, that without a great Earthquake it could never have been shaken. I have heard when the Parliament began, some worthy Members being in discourse about the putting down of Bishops, Master Pym, and other gallant men said, It was not possible to be done; and when the Assembly first met, they thought it impossible to take away the Common Prayer Book, but we see what the Lord hath done, for his people by his blessing upon the Parliament and our Armies; mistake me not, I do not rejoice that the COMMON PRAYER BOOK; is suppressed; for my part if the PARLIAMENT shall so please, let those that are so earnest for it, keepe● it still; much good it may do them, though I think little good will it do to them: it never did hurt to Papists, nor good to Protestants; unless it be to show them their dangerous condition: for they pray that their lives may be more pure and holy, and yet many of them scoff and jecreat purity and holiness; but though we be not all one in judgement and opinion, yet let us be all one in affection and live lovingly together as Brethren, for he that loves another only because he is of his opinion, loves himself in that man.  
A friend of mine too violent for the Classical way, seemed to be very angry because his Majesty was permitted the use of the Common Prayer Book, I asked him whether in case his Majesty would be graciously pleased to allow him the use of the Directory, he would not think it fit that his MAJESTY should have the liberty of his Conscience? he said, we had Covenanted against it, to take it away as a branch of Popery; I told him the special point of popery to be rooted out, is all domineering and tyrannising over the conscience. Are we not all the servants of God? why should we Lord it one over another in matters of conscience? but he replied, that we were to bring all to the nearest Uniformity; I answered, that nearest was not the same. Many ships sail near a Rock that come not to it, the Common Prayer Book and Directory are very near of kin; I know no reason, why they may not bear with one another, if his Majesty and the Parliament please. I remember, being at Sedan, a passage not unworty to be inserted; the Duke of Bullun Prince of Sedan, whose Ancestors and himself had been special friends to the French Protestants, for the love of a beautiful Romish Lady, changed his Religion and turned papist. The Town being all Protestants, as good reason they had accordingly opposed it; He entreated them that he might be married by a priest in the Town, they refused it: The Duke left his Mother, the good old Madam in the Castle, went away and was married, & returned with his Lady, but the Inhabitants shut the gates against him, and so he went to one of his Summer houses, two leagues from the Town, and there were several Treaties between him and his Subjects about his Re-admittance. He alleging, that since he and his Ancestors had been the procurers of their Liberties, why should they envy him the liberty of his conscience? they said, He was a Star fallen from Heaven, and it would be dangerous for them to be under his command. An Englishman discoursing with Molinaus and Rambursius, two learned Ministers about it, assumed by way of argument, that as that case stood with all its circumstances, for them to deny him the exercise of his conscience, who had purchased their Liberties, was most unjust in itself, and would be prejudicial to other Protestants by encouraging Catholic Princes against them, and might bring mischief upon their own heads; at last he had liberty to come into the Town; & the Lady Duchess his wife, and Mass was said in the Castle, allowing her two priests and no more: but not long since the French King made advantage of it against them, that they denied liberty to their natural Prince, and they are now, I fear as the Rochilers are, and no freer. But this I drive at, Rigid Presbytery is but yet a Probationer, if it should be settled in this Kingdoms in the height and power of it, it would undoubtedly cost ten times more blood to remove it, than ever it hath done to abolish Episcopacy; I speak of a Rigid strict Presbytery, that make their judgement as the King's Royal Standard, to weigh and measure all opinions by them▪ to walk by their rule, which will admit of no Exceptions; if you would know what such a Presbyter is; you may take it thus; A Rigid Presbyter is he that is against every man, and every man against him; he will endure no man in the Kingdom but those that are of his opinion in omnibus; and therefore no man in the Kingdom hath reason to endure him; I assure you that that grievous Disease called the Sudor Anglicus, the Sweeting Sickness, which lasted about forty years in this Kingdom, that swept away so many, that Harvest could not be Inned in many places, was not so dangerous to this Kingdom, as this Rigid Presbytery, if it should grow inveterate; there is a Prophecy in Scotland, It began with Knoxes, and must end with knocks, my prayer is, that the Rulers in that Kingdom would have a more favourable regard to tender Consciences, and give free liberty to God's people in their Native Kingdom. There are many Scots banished into Holland and other places for matter of Conscience, whom I verily believe to be precious Christians: some of them told me that their parents had been principal Instruments in the Reformation of Religion in that Kingdom, and therefore took it unkindly that they should be exiled for some differences in opinions, no way fundamental or destructive of State-policy; for why, in the name of God; should it any more disturb the peace of the Kingdom, to permit Christians to pray together in a private Chamber, then for others to meet there about their ordinary business?  
I desire dear to be conceived when I use the word Presbytery; the Lord knows my heart, I use it only for distinction sake, not for reproach, I do not oppose nor speak against a moderate Presbyter; but look upon it as an excellent way to restrain vice; and for my own part I like it, for that which many fear it. Namely, it will be a means to prevent many frivolous quarrels and contentious Lawsuits: Certainly, there is an external beauty in that Government in Scotland, Geneva, & the French Congregations, but truly the power of Godliness is seen but little amongst them; I have known in a Presbyterian Minister's house, that there hath been no prayer nor Family duties performed twice in a year, and Examination before the Sacrament counted superfluous, and if any thing have been questioned, no other answer; but the Puritans in England will be under no Order nor Government. Is it not fit that God's people for whose sake the World continues should have a being in the World if they can maintain it? nor do I say any thing against moderate Presbyters; I believe there are many godly men of the Presbyterian judgement, though not as they are Presbyters; Saint Peter opposed Christ in the work of redemption, for which our Saviour said unto him, Get thee behind me Satan, and the devout women opposed the Apostles in the planting of the Gospel: Amaziah and Jehosaphat good Kings of Judah, yet took not away the high places; Hezekiah did, and Josiah yet more and more; all godly men are not equally enlightened: Were there not some godly Conformists (think you) in the Bishop's time that opposed Nonconformists? He that is the strictest Presbyter now, possibly seven years since was for Bishops, and seven years hence, if God give repentance for keeping his Son Christ out of his throne, may be an Independent. But this is the misery, that those men which are the most zealous promoters of the Rigid Presbyterian way are Politicians (whose greatest Religion is to be of no Religion at all) that play their game so cunningly, that the godly Presbyterians not discerning their ambitious aims, which is to make themselves Grandees in Church and State, join and concur with them; as I have told you what the Rigid Presbyter is, so I shall express whom I mean by the godly Presbyter; I am well acquainted with many of them, and I verily believe, in my conscience, that he is such a one who really intends the glory of God and the welfare of this Kingdom, and fearing nothing so much as Errors and Heresies, concludes upon the whole matter, having read all argument's pro and con, that it is better to suffer a mischief then an inconvenience, better that many good Christians should be imprisoned for their consciences, then that under the Notion of Independency the peace of the Church should be endangered by Errors and Heresies, and gives his vote though with some reluctancy, that those that cannot submit to a Government, let them go beyond sea, where they may enjoy their liberty, and not having faith enough to believe that truth will at the length get ground of error, nor clearly understanding that the sword of the Spirit must cut down Errors, takes the material sword which was never sanctified to that purpose: whereby it will appear how vain that objection is, that the Army hereby loses all their honour in not disbanding upon vote, being commissionated by the Parliament, as if a man that takes a Commission to fight for Laws and Liberties, that concerns himself and others, hath any reason to sheathe his sword till he hath obtained what he fought for, since by God's infinite blessing upon, and gracious presence with our Noble Worthies in Parliament, and victorious Army, the ship of this Kingdom, after many Herricanes is safely arrived full fraught with those precious commodities of the Subject's Liberties and properties, whereof Liberty of Conscience is the main, so as no man pretend a conscience to disturb the peace of the Kingdom, which every Student of the Law knows when the peace is broken. Those men that by the Oars of their pestilent Counsels shall be working to row this ship back again into the sea of a second and more bloody war, are unworthy of their generation, unworthy to breath in English air, be they reckoned the great Cato's for counsel, or any other incendiaries in the Kingdom, who think they cannot stand fast and permanent, but by the ruin of others more faithful than themselves: there is no necessity for a man to be of this judgement or that, but there is an absolute necessity of peace and preventing new troubles; 'tis absolutely necessary to maintain the royal law of love; all Laws and Orders for uniformity must do homage to the law of unity and brotherly love, we must not cut men's toes and fingers to make them all of a length: if uniformity were so absolutely necessary; then ought they to conform to those wh●ch out of conscience cannot come to them, rather than the Kingdom should be destroyed; for they may safely come to them, and what would not an honest man do to save a Kingdom, that may be done with a good conscience?  
They ar● bound by the Law of God to deliver God's people and this whole Ki●gdome from all oppressions both in souls and bodies. A man may be damned for not doing his duty, as well as committing a great sinn●: Moses says, that they that forsake their brethren, shall never come into Canaan: so Mat. 25. In prison and previsited me no●; his Army ought by the equity of that Scripture to keep all honest conscientious men that offend no just Laws out of prison's: you may read in that Chapter that Jesus Christ is that great Traveller who ● this Ascention took his journey into a far Country, and delivered his goods to his servants, as it is in the parable of the Talents, and in a time of Reformation every Christian must help to facilitate the work; for Christ appoints no Lord Treasurers to impropriate his gifts but all steward's o●●y out what God b●th given to every man for the good of the Kingdom of heaven; that I take to be the meaning of Mat. 6. To set the Crown upon the head of Christ; every man ought to serve God by serving his Country in his lawful calling, the end whereof is not to multiply riches, but to do good in his generation: men abuse their callings, 
Called Contra formam Collationis.  and an action will be brought another day against many rich men in this Kingdom. Take another Scripture Thou sh●lt love the Lord thy God with all thy soul, toto corde anima & ment. with all thy heart courageously; for courage belongs to the heart; the soul of religion is to be valiant for Religion, and to fight against those that would rob us of it; not to kill them, but to preserve it with all thy soul affectionately; for Anima is the source of all the affections; what a man loves he will defend: Religion is a mistress well worth fight for her defence with all thy mind; the mind is the superior part of the soul, spiritually & discreetly with zeal according to knowledge. The thing I intent is that Christ must be honoured with strength and power, as well as with other natural parts, and abilities, and riches, or any other gifts: some have written (which yet is so weak an error that I wonder it should deceive any man) that the sword ought not to be employed for Religion, that though I may fight to defend my clothes or my cattles, I may not fight to defend my Religion; like some Indians that will fight for a pin but not for gold. Possibly a man's pen and his heart may differ in opinion: I know there were some in Germany pretended that no man ought to fight in God's cause, but to contend lachrimis & precibus; (as King H. 8. was wont to say, merrily: If it be a good Religion it will defend itself, if a bad one, it is not worth defending let God alone with Religion) but these very men did afterwards fight for Religion in pretence at least, and said their former opinion was good unless God puts the Sword into their hands: It seems to me that the Revelation holds forth clearly, that the Saints must have the honour to destroy Antichrist, whose spirit reigns in all those that will domineer imperiously over the consciences of their brethren, for therefore is he called THE Antichrist. It would be an excellent work for some judicious Minister to explain that in the Revelations, how the holy, faithful, and chosen, shall make a war for the Lamb against the Beast, and prevail, and whether any of the ten Kings shall hate the Whore; it might be very satisfactory.  
This work of the Army is Gods own handiwork, their not disbanding had its immediate rise from heaven, the Lord would not have them lose the glory of all their victories: the very truth is, that it is merely and purely for the love of this Kingdom that they keep the Sword a little longer, and not for any pecuniary respects, or self-ends: I am credibly informed, and I verily believe it, that notwithstanding, any thing said or done against them, they were fully resolved and concluded to disband, and to commend their righteous cause to their heavenly Father, with the rest of their brethren in this Kingdom: but as the hearts of Kings so the hearts of Armies are in God's hands, as clay in the hands of the Potter, the new moulding of this Army was visibly from heaven, and the Lord hath carried them all over this Kingdom as his beloved darlings, with much love in his breast towards them, and he that suffered no man to do them wrong, would not have them to wrong themselves, because he moulded them for vessels of honour, and now being at rest in God, and thinking to rest from their labours, the blessed Spirit gins to witness to their spirits, that all is not yet as it should be, and their souls being troubled within them, how they might glorify God, and ●e intercessors to the Parliament for the liberties of this Kingdom, the Lord said unto them, Seek ye my face, and they answered, thy face Lord will we seek, and sequestered two day at Saffron Walden to seek the Lord by fasting and prayer, a thing unheard of in the German Wars; to see a Noble General and valiant Commanders that had encountered with Lions and walls of brass, to lie grovelling upon their knees, and pouring forth fervent prayers (the breath and voice of God in them) ask counsel from heaven, begging light and direction from the Father of lights, praying for wisdom from above; what a rare example is it? how admirable is God in all his workings? And when they risen up to eat, and their countenance was no more sad, the Lord had, by the powerful influence of his good Spirit, given in a sweet return of Prayer for their continuation together; and thereupon the souldery desiring a general Rendezvous, the horse and foot met with such a general re●oycing, and such an unanimous resolution to live and die together, for the just rights of King and people, that it is most admirable to consider, such a wonderful conjunction of minds, and such noble Principles, that money, which is the Loadstone that draws the iron hearts of most Soldiers, is no more reckoned by them then dirt in comparison of just liberties; who can say but that this is altogether of a divine offspring; which to oppose, what is it but to despise the spirit of grace? I am confident that they which kick their heels against this Army, will in the end break their necks.  
N●xt, I shall only ask the question, whether out of those quivers of arguments used by the Parliament, to justify their raising forces, I might not draw many, even take them all out one after another to justify the Armies not disbanding; all was done by the Parliament for the public good. The Parliaments Motto is pro salute p●puli, and the Armies, pro salute populi Dei, & totius Angliae; no less can be presumed from the Army; for they who have adventured their lives for the good of the Kingdom, will never do any thing to endanger it. Certainly, he that saved my life, I own it to him; I will never distrust him: they have the character of God upon them, and of his Consecration; the Parliament hath lately voted them their Army, the whole Kingdom favours them, and all good Christians have cause to love and honour them, and yet there are some calumnious spirits that would rob Crystal of its brightness, but the Sun of the Army's innocence will quickly melt the ice of all these Calumnies.  
It is not my design to improve those popular arguments formerly used, that for Papists to maintain the Protestant Religion was a pernicicus contradiction. What is it to hold, that to imprison men for their Consciences that break no Law, is for the Liberty of the Subject; as some Kindle-coals affirm; that honest Justices were weeded out of the Commission; has there been no honest men, grand instruments of Liberty, displaced and divested of their trust, to the grief of God's people, for no other reason, but because they were not Presbyterians? That many as bad as Arminians are preferred, and faithful men disgraced and displaced; and all this by the cunning artifice of malevolent spirits; nor what the Parliament said that his Majesty by his many Declarations and Protestations, for the maintenance of our Laws and Liberties, intended no more but that we should have such a Religion, and such Laws as his Majesty's Bishops and Judges would afford us, and should conceive to be best for us; judge whether that be not a blind implicit obedience to trust the Bishops with our souls; what is the Law but every man's birthright and the rule of life, and therefore fhould be plain and easy, that every man may know●? For a guide to be blind, how unreasonable is it; if some men may have their desires, shall we be in any better condition? I shall humbly crave leave, to vindicate the high Court of Parliament and the Army from some Objections lately darted against them. The lightness of some men's follies exceeds the weight of their malice, they are content to be fools rather than to acknowledge the worthy labours of that supreme Court; they are such ignorants, that they know not any good the Parliament hath done thi● many years, saying, that they have made our Religion worse, and they do not intent to make our Laws the better. No, let all honest men ever bless God for this Parliament; how gladly would this Kingdom have made themselves slaves for ever, had not this Parliament stood mightily for their Liberties? I but (say some) the Parliament by imprisoning such as have been faithful Labourers in the Vineyard for difference in opinions, are undoing all that they have done, and we fear things will be as bad as in the Bishop's times: judge not rashly, there is no Ordinance yet to restrain God's people from private meetings, nor for suppressing of separate Congregations; Compare what is passed with present times, and 'tis very much that things are no worse for former kindnesses, which Parliament and City have showed to honest people: I trust the blessings of Heaven shall be upon them forever; however, do not for the abortion of the twentieth child, kill the nineteenth: believe it, this Parliament is the spring and conservatory of all our Liberties and Properties, having removed old Grievances, and laid the foundation for innumerable benefits and advantages to the Kingdom. There are in both Houses most excellent Moses', Nehemiahs', jeremiah's, and Paul's, that have adventured for the people; o, the infinite love of many of our finite Moses, and Worthies. What had become of Israel i● he had forsaken his charge upon every tumult and queremony of the people? What innumerable difficulties have our Worthies in Parliament surmounted? Able to have daunted and stinted the most noble resolutions, though the command of God lay heavy upon them ●o deliver this Kingdom, and let the oppressed go free; as the Discovery of America by Columbus a Genoa Merchant; though a rational man, skilful in Mathematics, might have concluded that there was a Western part of the World not discovered, yet the Enterprise was so transcendent, that few men would have had the courage to have attempted it, though sure to succeed. And though there are sufficient reasons publicly known to the Kingdom to desire the Army not to disband by any means, till public Liberties be settled and secured: yet there is not the least ground for the people in the least measure to withdraw their affections and due respects from the Parliament; some Taxes indeed still, but for a short war a long peace; 'tis not a years purchase now, I hope, for the absolute inheritance. Now, harken ye prudent Wisemen, and lovers of your Country; that which is every Englishmans interest and business in this juncture of time is, that the whole Kingdom as one man presently declare against a second war, which is a sickness easily prevented, but hardly cared; not to suffer any forces directly or indirectly to be raised against this Army, under any pretence whatsoever; and in the name of God, let those whom the Army shall accuse, come to a fair trial and receive justice with mercy, because we profess Christianity. Let all Treasurers and Committee-men give a fair account, and so receive an Euge, Well done thou faithful steward, or an Apage, Depart unfaithful man: and let those that have swallowed the Kingdom's treasure vomit it up again.  
There are many that have got greatestates in the late Wars upon the ruins and spoils of the people, but as we say proverbially, They that have stolen the Kingdom's Goose, the feathers will stick in their stomaches. If a Town or City be on fire, and every man is entreated to help; now for any man to carry away his neighbour's goods, and to enrich himself by a general conflagration; what is this but to add affliction to the afflicted, and little better than Felony? Nor is it to the purpose to say, I got it honestly; the law of God and reason says that no man ought to get a great estate in a time of public calamity, by any profession or trade whatsoever; I say, under favour, no man ought to increase his estate in a time of a Civil War (unless he be a soldier) if he get more then to maintain himself and family, the overplus must go to the State for the maintenance of the War: to get 1000 lib. per annum, and to lend 500 lib. to the Parl. is but Sophistical. I know it was a high point of State policy, for the greater encouragement of covetous men, to allow them extraordinary gains for such moneys as should pass their hands, and that some men should have offices and other places sufficient for four or five men: but I hope these men make account that they are the Kingdoms purs-bearers, in the former case that I put, 'tis a neighbourly part to preserve his goods, whose house is on fire, but he ought in conscience to restore them, that many poor country men that were enforced for the safety of their lives, being indebted, should now be undone by use money; that old Usurers should thrive in a time of War, and honest men that have ventured their lives for the Kingdom, should now be made slaves to a company of greedy Usurers: what a horrible shame is it? A friend of mine having borrowed 100 lib. which he laid out in cattles, was constrained to forsake his house and goods for the safety of his person, his house plundered and his cattles driven away, yet being returned home, procures the 100 lib. and entreats the Creditor to remit the Interest, the Usurer storms at the motion, and puts the bond in suit for the Interest: meeting with him, I told him he should do very well to show himself a Christian, and to take his principal; what tell you me of a Christian said he? I have nothing to live upon but my Interest; but said I, your Debtor lost the Principal, will not you abate the Interest, or rather than fail, half of it; not he. The Lord deliver this Kingdom from such Jews, in whom there is no more mercy than milk in a male Tiger: for my part I think their goods are to be confiscated, and they ought in reason to be banished, as Jews, by the equity of the Statute; 
De judaismo.  for the Jews did but lawfully rob the Kingdom in time of peace. I am not against all taking of usury when the borrower gains by it. But can any man imagine that if the late Oxford party had prevailed, they would have suffered any of their friends to have been imprisoned for use money? The bloody Rebels in Ireland had so much mercy and wit to ordain that no interest should be paid in time of war, the Law of God is plain for it in Nehemiah, and our Historians tell us, that after Civil Wars there were always commissions granted to inquire who had increased their estates in a public calamity, and out of their superfluities they were enforced to relieve the necessities of poor men: I am persuaded that there are 100 men about the City of London, that have got enough since the Wars began, to provide comfortably for all the poor people in and about London. B●●e Law of Arms some professions are more specially privileged 〈◊〉 a time of War than others, as Priests, Surgeons, Husbandmen, and those that keep Vineyards, and these ought not to be taken prisoners on either side, because there is a necessary use for them, which party soever prevailed: Yet in the Civil Law I find it adjudged that those men must not make an immoderate gain of their professions, because every man is bound to regard the public welfare more than his own private ends; & therefore after the war ended, the Magistrates that govern by the Civil Law in Italy, and other places, call these men to account and order them to restore whatever they got during the war, maintenance for their Families being only allowed them. What a gallant course might there be taken for the relief of poor people in this Kingdom, that there might not be a beggar amongst us? But pardon this digression, the thing I intent is, that there are thousands and thousands that will be undone by this cruel Usury, if the wisdom of Parliament do not prevent it: but let us not have so much as one hard thought of the Parliament, for that Court is the Liberty of the Subject wrapped up and conserved. How happy are Englishmen that cannot be made miserable but by such whom they choose and elect to vote for them; If they be enslaved, they may thank themselves. What a precious privilege is it for this Kingdom that the Legislative power is in the Parliament, and what an excellent Constitution of Government is it, that the King should take an Oath at his Coronation to keep the Laws, when the people make their own Laws, and the King swears to keep them? How free is that people, and yet (under correction be it spoken) there are two things considerable in the Constitution of the Honourable House of Commons.  
That every Member is not as well sworn to Vote nothing but what he believes is for the Common good, and to enact good Laws, as the King to maintain them: peradventure, an Oath in such a Case might do no hurt. For, though Father that swears to educate his Child in good nurture and literature, be no more obliged to do it then he was before; yet the obligation of an Oath whet's the remembrance of that duty upon him to do it with more alacrity and resolution for his Oaths sake; I know there is a strong reason to be given why it is ●●●dless; because in true policy Interests are, and better State security than oaths. The Lords and Commons Vote for themselves, for their own goods as well as the Kingdoms. If the Kingdom suffer they suffer in their private Estates, and therefore the highest point of policy that humane prudence can reach unto, is this, when a man cannot hurt me, but he must hurt himself, when he cannot pluck out one of my eyes, but he must pluck out both his own: for our Parliament Worthies are Elder Brothers, and have a double portion in this Kingdom. In such a case I may safely trust them; for which reason the King and Judges have been ever sworn, but the Commons not.  
It is much objected that they cannot administer an Oath, and why so? Because they do it not? that's no good Consequence; they that may lawfully put the Kingdom into a martial posture to defend their own Liberties may certainly administer an Oath, if they please. But there are two Reasons why it hath not been accustomed.  
1 A violent presumption in Law, that nothing can be done in the Kingdom but the House must have notice of it, for so the Law says, that every private man must be presumed to take notice of every thing done in his own Hundred or County.  
2 For the great reverence every man is presumed to bear to that great Assembly, that no man dares affirm an untruth before that Honourable Presence. I am sure, that Legem dare, est summitas Imperii: They that have the greater power, must have them less included. Nor do I l●ke those expressions, that the Commons are the Kingdoms servants, and receive wages for their service by Law. Magistrates do not so much serve the people, as the good of the people, and so are superior: the Members Vote as well for their own Interests; they are the most considerable men of parts and qualities in the Kingdom; the reason of the Kingdom resides in both Houses of Parliament, to them I must submit my Interest, though my judgement is not enthralled; the ultimate resolution of all things not against the Laws of God and Nature (which only nterpret themselves) is in Parliament. This principal of ultimate resolution which in settled times is joint in the King, Lords, and Commons, may (under favour) be divided in a Case of necessity without any change or destruction of the Government, and without any prejudice to the mixture of the several estates, when that necessity is removed.  
Nor do I like several other expressions to the same purpose, as that of the Potter and the Vessel, that the Counties are the Father's begetting, and the Boroughs the Mothers that conceive and bring forth the Burgesses; and that if Absalon rise against David, it is high Treason. These are truths, but little to the purpose for which they are produced; but many honest people are much troubled at the burning of a Petition which was lately presented to the Honourable House; & what greater mischief can befall a people in time of Parliament, then that those which have ventured their lives for the Petition of Right, should be denied the liberty to petition? truly I dare not presently censure every thing for which I do not apprehend a sufficient reason. Many grains must be allowed to reasons of State, so long as Governors have a general Care, and aim to the public good; and do not of Commonwealth's men become private-Wealths men, nor turn the edge of that power against the people which they put into their hands; certainly, there is no Counsel in the world but may err: let the chief Incendiaries, who undoubtedly misinformed the House, answer it. Our Honourable Worthies which like the heavenly bodies have been in continual motion for the good of this Kingdom, so many years, deserve all possible veneration; and he that runs all day, and trips, it, may be, once or twice, being wearied with multiplicity of business, 'tis no imputation amongst wise and judicious men. For as God does not judge a man by every action but the whole tenor of his life, so must the people judge of great Counsels: What hath the general bent and endeavour of the Parliament been since their first convention, but the safety and liberty of the people? Had this Kingdom been in a way to happiness but for this Parliament? 'tis true the Army hath been principal Instruments of our deliverance, but who raised this Army, and put the sword into their hands? If Timotheus had not been, we had not had much sweet Music; instead of singing Hosannaes' to the most High, we might have hanged up our Harps, and sung Lachrimae; but if Timotheus his Master had not been, we had not had Timotheus. The Parliaments chiefest care hath been the safety of the Kingdom, and if in the carrying on of that, some of their own private good hath been too much involved, and many of themselves enriched in this time of Calamity, and some Votes not authentic in the Court of Heaven; It is not well done in right reason, it ought not so to be; but this does not dissolve the Contract, nor so much as loosen the knot between the Parliament and Kingdom; it should only put those Worthies upon a Rectification of what hath been irregular. The husband promises faith to his wife, one unkind word or action towards her, does not violate his promise for civil matters of property; many Errors and great Taxations are to be cheerfully tolerated and endured, so long as it appears that the highest Court in any Kingdom hath a care to make good their promise to the people; the greatest wisdom is to choose the least evils, which is ever to maintain the Honours of Parliament, as being the glory of this Nation, the Fountain of all lawful Liberties, and the Defender of all Civil Enjoyments: if the Ship be in danger, throw out part of the goods to prevent a total ruin; let the Jonahs' be cast out and the storm will cease; when Sheba the son of Bichri was disprotected, Joab and the Army made an Honourable Retreat. 2 Sam. 20.  
I cannot but smile at some printed Pamphlets, that to ingratiate themselves with some that are not the Kingdoms best friends, say that the Army hath some dangerous design; just as bloody Bonner said, that the way to destroy the Kingdom, is 〈◊〉 have the Bible in English. Doth the Army demand any thing but what they first adventured for? and was there any radical error in the beginning? surely none; if they should, unlawful demands may be lawfully denied; so far as the Army hath the Justice of heaven on their sides; so far they will prevail against all the world of opposers, and no further: what, will any rational man be afraid of him that draws his sword in his defence? Put the case that I. S. and his followers travelling through a dangerous Forest, meeting with I. D. and his servants, should entreat I. D. to draw his sword for all their defences, who does so, and meeting with such as would rob them, I. D. and his friends, most manfully and valiantly make good every passage, by killing many, till they are passed the most dangerous place; then says I. S. now pray thee I. D. put up thy sword; nay, says he, there may be more wolves yet quickly start out of the wood, let's stand upon our guard till we be passed all danger; and discoursing, they differ by the way in matters of opinion, and some of I. S. party tells him that he is not fit to live in a Common wealth, let him change that opinion or he must be opposed: pray says I D. since our way lies together let us journey lovingly, let us live and bless God that hath preserved us all; says one of I. D. friends, better our lives had not been preserved, then to be saved by such dangerous fellows as you are. I intent this Treatise wholly for the Readers brain in point of explication, little to his affection in point of application: but let no man be so grossly erroneous as to say, that the Army is Antimagistratical, and Anti-parliamentary: what aim can a House of Commons have but the common good? The Parliament being intent to the true ends and noble grounds of their raising Forces, and the Army wholly minding the reasons of their engaging, and both sincerely, really, and constantly the Parliament, as the supreme Council of the Kingdom, and their Army as the servants of Justice, endeavouring a speedy accomplishing of the most honourable and glorious ends, viz. the just rights of the King, just privileges of the Parliament, and just liberties of the subjects common safety, just liberty, and equitable propriety, to which the Armies proceed have a natural tendency and proclivity, as the stone to fall downwards; 'tis impossible any differenc should arise: Counsel is the right hand of Policy, and the sword is the left, which may assist and promote without any face of opposition: the truth is, that there are some whose private interests are contrary to the public interest of this Kingdom, they are the troublers of the pure waters, that the people should not drink, they trouble and disquiet the fountain, and then the streams must needs run muddy; they are men of the same spirits from whence the miseries of this Kingdom did at the first flow, that is, obstructers of the free course of Religion and Justice, and consequently the obstructers of poor Ireland's relief: But who must be Judges of the matters in agitation? Truly the Parliament, in all matters judicial, we must have no Judge of Scripture but itself; that point of Popery hath cost us dear; we must not light a candle to see whether it be day; who knows not that every man ought to have his own without vexatious attendance? and that it is injustice to make a man spend 10 lib. to recover 5 lib. who shall judge whether those that have saved the Kingdom ought to have the liberty of subjects? who knows not but that Petitioning is a way of peace and submission, and that for Christians to meet in private to serve God, is no breach of the peace? The Lord grant that this Parliament, by the help of the Army, may be the setlers and the restorers of this divided Kingdom, the neck-breakers of all oppressions in souls, bodies, and estates, the repairers and relievers of poor Ireland, which was formerly called the Island of Saints.  
Another Objection is, that the Armies not disbanding obstructs the relief and endangers the loss of dying Ireland: Ah, poor Ireland, my soul is much troubled for thee; I knew thee, not long since, England's younger sister, but thou art now the land of Ire: but he that runs out to quench the fire in his neighbour's house, when his own is almost burnt, I shall rather admire his zeal then commend his discretion. I confess poor Ireland is on such a flame, that nothing but Gods infinite blessing upon the wisdom and endeavour of this Parliament can be able to quench it; but English liberties, which have been bought at so dear a rate, must first be settled and secured. The Army declared their resolutions, to have engaged in that service, in one entire body, which was not thought convenient; if then the Army were hindered by any plot or contrivement from going thither, not they, but the hinderers are culpable of Ireland's continued miseries; but as the Army hath ever been observant to all the just commands and orders of Parliament; so I hope that if hereafter they shall engage in that service, they will be well satisfied in point of conscience, what it is that they fight for: It is possible that Antichrist with his left hand, may fight against his right. To fight against Popery further than it is destructive of State policy, to introduce a uniformity in the Protestant Religion, is, in my opinion, little better; but if it be to bring those bloodthirsty Rebels to condign punishment, and not to spare a man that hath had his hand in blood, so far it is of God, and he will own it, but for those expressions which some pulpits ring of, of rooting out that Nation, and dashing the little children's bones against the stones; I confess it makes my heart to tremble to think of it, but those that will not submit to a general Government must be destroyed.  
Object. But we fear the Army will over-awe the Parliament; and Counsels not free stand but for Ciphers, and that Justice itself may not be forced, but timely hastened.  
Sol. 1. The Parliament hath answered this Objection in his Majesty's Case. The King says they refuse to treat, unless we deliver the Sword into his hands, which is to yield the question; when any differences arise, all things must rest as they are, until all be determined and concluded.  
2 Enforcements are just, when just things are enforced, the sword is a servant of Justice, and is never better employed. That which the Hollanders allege for themselves is universally true: if a Magistrate will not do justice, the Laws main intention for justice must not be lost; and King Philip not doing them justice, was the Author of all the mischiefs that happened. Rebellion is, not to obey a lawful Magistrate in a lawful Act, not contrary to the Laws of God or Nature, besides which all Laws are Arbitrary by the Supreme Court of every Kingdom; If the Army shall entreat any unjust things (as the Sun may be in an Eclipse) Never were any just Rulers destroyed by force; there was a rising against David, and great stirs in Edward the sixth's and Queen Elisabeths' time, but quickly hushed and subdued: I think no History can be produced, that ever any good Magistrates were subdued by force, for God sits upon the Bench with them; but many times Kings and Governors have refused to do justice, till the people have enforced them. Hitherto the Army hath had the justice of Heaven, and so long as they entreat in the Kingdom's behalf things Honourable and safe for the Parliament to grant, their Continuance is the best assurance that our Worthies in Parliament can desire: For what great King or Court but receives honour by a faithful and victorious Army; who will exceedingly facilitate the work, and prepare the way for our Parliamentary Worthies? as John the Baptist did for our blessed Saviour. I hope I have satisfied every rational man, that it is not possible in a prudential consideration; that without the intervention and intercession of this Army, this Parliament, as things stand, can never be able to settle the public Liberties, and happiness of this Kingdom; for who sees not what a spirit of malignity there is st●ll working in this Kingdom? Is all the malignant blood drawn out or dried up? Did never Serpents reassume their poison upon occasion? Are not the Jesuits negotiating a reconcilement between the Catholic Princes hoping to eat up Holland at a breakfast, England and Scotland for their dinner, and all other Protestants at supper; and all to erect a universal monarchy, and what's their pretence? Mark it I beseech you, to avoid disorder and confusion, for it can never be well s●y they, till one man have the sole power over souls, and another over bodies and estates, I am confident that before Rome's fall, there will be a general War between Protestants and Papists, without any other ground of the quarrel. Is it not the extremity of madness, for Protestants to fall out to maintain Antichrists cause who is our sworn enemy? How lovingly do Protestants and Papists associate in France, Poland, & c? The French Ministers preach that the French King, Queen, and all are damned, unless they forsake their Idolatry; the Priests quite contrary, that not a Huguenot can be saved: in the name of God what ails us? cannot we like bees hive into one body politic because we differ in opinion, yet are of the same Religion? shall small matters disjoin them whom one God, one Lord, one Faith, one Spirit, and one common cause, bonds of such great strength and force have linked together?  
Oh ye learned Presbyterians, such of you as are like dead flies in the ointment of our good names, to make us unsavoury to our No●le Parliament (which yet I trust ye shall never be able to do) Will ye not take warning by the Bishops? Did not they tell the King that the w●y to prevent errors was to suppress the Puritans? The Rams of the flock are demolished, will not you tremble? I tell you, that the way to make us all of one mind in the things of God, is to grant liberty to all; in things not fundamental: possibly there are some by whom the way of truth is scandalised; we may thank the Bishops and their Successors for it, let the waters alone and they pass away quietly, but stop the Current, and throw in stones, and the waters rage. An Englishman scorns to have his Religion cudgeled out of him, but deal with him in the spirit of Christ, show him where his feet slide, you take his judgement, and affections prisoners. If the Bishops had not pressed Subscriptions and Conformity to the Statute of 13 Eliz. they might have been longer lived, for any thing I know. It grieves me that you should take such pains to destroy yourselves, but come, there is no falling from grace: true repentance is half innocent: tell our Parliament Worthies, that only a liberty to tender consciences can break the heartstrings of popery; t●at never any but Antichrist denied a freedom of conscience to people of our quality and profession, who desire it no longer than we are Protestants, and live in all dutiful Conformity to the Civil Government; tell them that Jesus Christ will never prosper those that persecute such as are humble suitors in the behalf of his Kingdom; Do ye think he will? tell them that the free exercise of the Gospel for Doctrine & Discipline is of so harmless and peaceable a nature, and carriage so far from wronging any Magistrate in Sovereignty and Power, that the Persians' and the Turks admit it. The Roman Emperors in policy gave leave to build Temples. Politic Charles the fifth said, There was no other way to peace, but by a liberty for all Protestants; so Maximilian that succeeded him: & H. 3. of France. Ah saith Philip the second, when he was dying, If I were to live again, my first thing should be to grant liberty to Protestants: Ah says the Emperor, How gladly would I grant a liberty of conscience if that would now serve the turn, and that would have served at first. I beseech you mark me, when the King of Sweden entered Germany, he propounded nothing but what was most just, liberty for Protestants, banishment of Jesuits, restitution to the Palatinate; his cousin Mechelburg, and some other oppressed Princes, with the Emperor would not grant, but being victorious, nothing would content him then, but to be declared King of the Romans, and so heir apparent of the Empire. Be wise in time. A moderate, meet liberty will not satisfy every man, and you may proceed in your own way; if hereafter you suffer in point of Tithes, you may thank yourselves: you know whose pride and covetousness hath brought their honour into the dust. Your ridged Presbytery is no more Jure Divino then Episcopacy was; you may as well call Divinity damnation. Do not think that this Kingdom will suffer you to be Judges in your own Cases. Your Ipse Dixit will not do it, your Votes cannot make Heretics nor Schismatics; men are wiser in the South then far North: the Sun clears the judgement; to that Son of Righteousness I commend you, desiring to walk with you in love and peace.  
I shall conclude with a request to the Army: you precious souls, as ye have been precedents to others for honesty and justice, so be a precedent to yourselves what to continue; continue just, be content with what you can get, and take not the value of a pin from any man, but in case of necessity; 'tis fit that you who have saved the Kingdom should not starve; injustice is a very great sin, the want of morality excludes from Heaven. His Majesty was wont to say, that there were none in arms, but Independents, Anabaptists, and Brownists, who would destroy all Laws and Religion; the eyes of all the World are upon you: you know best why you took up arms, was it not for Laws and Liberties; stand fast in the Lord and in the power of his might; be true to your first principles, as ye are Englishmen, as ye are Soldiers, and as ye are Christians; treason is the betraying of the greatest trust, he that is true to his end, cannot be a Traitor. The War first undertaken for the defence of Laws and Liberties, hath had a great influence upon Religion; and pray answer me this Question, if the Parliament had told you at the first, that you should not expect any Liberty of Conscience in case of prevailing; but that you must serve God according to the precepts of men, whether you see reason for it or no, would you have engaged so cordially upon a promise of freedom for your temporal estates? What is all the World worth if a man enjoy not the freedom of his soul? peradventure you will say that the world cannot deprive you of the liberty of your Consciences, for the Saints are as free in prison to enjoy God as if they were abroad, as sweet experience can testify, and the more we glorify him by suffering for him here, the more conformable are we made to our Head, and shall be glorified with him; and Jesus Christ is eminently all Ordinances in himself; most true; but in the dark the best eyes have need of Candles. We are not yet as we shall be, we live upon the beams here, and not the body; and it derogates much from the wisdom and the love of Christ, to reckon that as a shadow which he hath appointed for a standing Ordinance; Religion teacheth nothing against nature: piety doth not ruinated humanity, but makes one man worth twenty. I assure you, God's people hope that you will deliver them from the Bishop's successors, as well as themselves, by what title soever they be called. I doubt not but you have both natural and spiritual affection to this poor Kingdom; the poor Saints that are rich in faith, act faith in Christ for deliverance by you: they say they care not what becomes of them, so as the Crown may be set upon the head of Christ, and fealty and allegiance sworn unto him, who is no enemy to any just governor's; they are persuaded that the Parliament of themselves intent no less, and that there are very many in both Houses, most cordial servants to Jesus Christ, who are even sick for the love of him, that died for the love of them: but here is the case, there is a potent faction within this Kingdom, men that have enriched themselves in these times of danger and calamity, (a base thing so to build upon the ruins of our brethren) that count gain godliness; and these consist of subtle, Atheistical, and depraved Politicians, on the one hand; and devout, superstitious, rigid Zealots on the other hand: who by specious pretences, and plausible insinuation, work upon the candour and devotion of many honest men; whose minds are virtuously disposed, to enslave this Kingdom for their own ends, and this under a pretence of God's honour, service, worship, and uniformity; and this design so politicly carried on, that the wisest men may be mistaken, for he that thinks no hurt himself is seldom suspicious of others. The chief Religion of these Politicians is to have no Religion in the power of it, but such a form established as is most suitable to his Grandor, and they think it a sin to let any man live in this Kingdom, who will not eat up, as sugar, all their Orders and Sanctions: our noble Worthies in Parliament, would quickly be as wholesome, medicinable, restoratives to heal the wounds of this Kingdom, but that they like biting corrosives study to make them greater and more dangerous, setting up all sails to sail withal, and rowing with all manner of Oars, but being discovered, will, I hope, be abhorred by all honest men. Now to restrain the malice of these ambitious men, the Lord hath preserved you to this hour, and me thinks I hear jesus Christ be-speaking you in this manner: Harken ye noble Army of Martyrs, in affection and resolution, who carried your lives in your hands for my sake, and for moral justice, wherewith I am delighted, I take it as kindly from you, as if you had given me your lives, but keep them, I am preparing mansions for you, but your work is not yet done, you must stand up for the liberties of your brethren, you must stand up in the gap for me, who alone trod the winepress of my Father's wrath for you? why have I empowered you, but to purchase liberty for my people? Did I preserve you from active martyrdom, that you should bring yourselves to passive? Would not I have taken your lives as kindly from you at Nas●bey▪ Bristol, etc. as if after disbanding you should be imprisoned, and put to death for Heretics, or Schismatics? Is not my kingly government as precious to you, and as well worthy fight for as my Priestly office? But if you should be disbanded before God's people have their liberties secured I should have covered my face, and only thought that you did not so well understand the Doctrine of Christ's government, and dominion in his Churches and amongst his Saints, as the Doctrine of satisfaction by faith in him.  
Is it not most apparent that the day of your disbanding is in probability, the Eye of the Kingdom's ruin? for does not this potent faction say, they will not suffer an Independent, that they cannot live but by the death of the Independent party?  
Hath God preserved you hitherto in times of War to be insensibly destroyed in times of peace? Was not your Commission to fight for Laws and Liberties, whereof Conscience is the greatest; hath not the Kingdom sufficiently dishonoured Religion formerly in the Bishop's times, but must they now under a pretence of uniformity seek the life of her Children, and of Religion itself; do they not aim at the life of Religion which is the heart of God, and the lives of his children, which are the apple of his eye? The Me●curialists at Court did but strike at the letter of the law in some things, but these Phaeton's would set all on fire, and aim at the power of Religion, the very life of our Laws, whose humours are so corrupt, that the least scratch turns into a Gangreen.  
For I am confident, that these cruel men cannot bring one argument for themselves, but what I may improve for the Pope's Supremacy, which was pretended to be for order's sake, to avoid confusion, but in reality hath been the occasion of all Tyranny. But many words are not proper to an Army, you have won the heart of God's people, in you is fulfilled that prophecy, Esay 49. That Kings shall be your nursing Fathers, Commanders, persons of Eminency: for what the watchful Constable, worthy Justicer, reverend Judge, and all other Officers of Justice do in punishing Traitors in times of peace, the same in effect is done by Armies in time of War: every Soldier hath been a judge to do justice and execution upon the enemy.  
I have but this request to make to you, that you harken not to any Siren songs, but be ever true to your first principles; let the Honour of Parliament always be of most high account and precious esteem with you; your jarring with that Supreme Court would be a pleasant melody to many that will pretend fair to you, speak you fair to borrow your hands to take out the Chestnut for them, that would have you crack the shell for them to eat the kernel.  
It is reported of the Lioness or the Bear, that if a whelp die she will roar in the Den exceedingly over the carcase, or else having got some gobbets of flesh, hopes by continual clamour to put life into it; some such there are, that by daily exclamation against the Supreme Court, think to vivify their dead Cause, and to put life into a carcase; that will not acquit our renowned Worthies from the highest Crimination; and yet will justify your station by the Law of the Land. I beseech you, if the Parliament had no power to Commissionate you to redeem out Liberties; what are you, that have acted by their authority? I hate dissimulation; the happiness of this Kingdom will rest principally in this, that all the godly, though of different opinions, favour and assist one another, and that all honest peaceable men join together as one man to break the neck of all oppression and injustice. Let every man contend for the Honour and Privileges of the King and Parliament, in the preservation of the Liberties and Birthrights of the people. And when the Kingdom is happily settled, let us say, that God hath done all, yet honour them whom he hath honoured.  
The End.