THE Resolver Continued, OR, SATISFACTION TO SOME SCRUPLES ABOUT The putting of the late King to death.  
IN A Letter from a Minister of the Gospel, To a Friend in London; Together, with a word to the Parliament, the high Court of Justice, Malignants, discontented Friends, and the People of the Nation.  
Ad generem cereris, sine cade & vulnere, pauci  
Descendunt Reges, & sicca morte Tyranni.  Ju. Sat. 10. — Victiona haud ulla amplior, potest, magisve opima mactari Jovi, quam Rex iniquus.— Seneca. Herc. fur. Assemble yourselves and come, gather yourselves on every side to my Sacrifice, that I do sacrifice for you, even a great Sacrifice, upon the Mountains of Israel; that ye may eat flesh, and drink blood, ye shall eat the flesh of the mighty, and drink the blood of Princes, &c,— Ezek. 39.17.10. 
London, Printed by J. Clowes, for Hannah Allen, at the Crown in Popes-head-Alley. 1649.   

THE Resolver Continued, OR. Satisfaction to some Scruples, about the putting of the late King to death.  
Dear Friend,  
TRuth is the Daughter of Time, not but that Truth was before Time, [for it is of an Eternal Nature;] but because Time, that discovereth all things, discovereth it: Therefore Truth is called Times daughter. But in more proper Phrase, Time may be called Truths discoverer. Partiality, and Passion are two great Clouds that do eclipse Truths discovery, and till those are blown over [though that truth be up, yet] it is not seen. The truth of A People's power both to question and punish Tyrannous Princes, is a Truth bearing date, before the Creation of Kings.  
Pure nature, and right reason, were as two great Pillars upon which that Truth was Engraven with great Characters; so he that ra●…ne might read this, that as A people 〈…〉 unto Kings, when not. See it was in their power, for to nullify that being, when it proved nought. 'Tis true, Government is of a divine Original, but the disposal thereof is humane. God made Power, but People made Princes.  
Kings, in regard of Power, they are of God, [and by him they reign] but yet in regard of their Persons, they are but from men. As the Deity would not permit people, to live without a Government; so it would not privilege Governors to rule without control.  
Lex indeed is from heaven, but Rex is mundane. As Kings were after, so they are under Law. The Sceptre of Government is golden, but the hand which holdeth it is clay: when this is broken [because rotten] that remaineth, because 'tis righteous. Albeit people may not cast off just power, yet they may cast off unjust Princes. And as 'tis their Privilege, so it will be their prudence (both pious, and politic) to intrust that Rule, in the hands of many, which hath been abused, and ill managed in the hands of one. When power contracted purifieth (as it doth most commonly, when it is penned up, in a Monarchtick ) the best way to rarify it, is to give it the larger room of an Aristocratick counsel.  
These beams shined bright enough, and were seen clearly in former Ages; until the pride of Princes, made them desire, and the flattery of Parasites made them believe, they were responsible to none, but God: they saw clearly, and convincingly: that as a People made them their Rulers; so they were bound to rule, and to be ruled, by a Law: which if once they did cast off, the people might cast them off. He was not (as we say) a Widgeon, that when he committed the Sword of Justice to an inferior Officer, was wont to say As long as I do Justice, manage this for me, but when I cease to do Justice, use it against me.  
Tyranny invaded all Governments together. The Pope's infallibility, and the unquestionableness of Kings, are both of them Monsters of the same Litter. And as the Pope was cried up to be the sole Head of the Church, and if he carried Millions to hell (said the Jesuits) none may control him: so Princes were Proclaimed sole Sovereigns of States, and that their will were all the Law by which they ruled [said their Flatterers] none might say unto them; what dost thou.  
I cannot tell, what fatal Conjunction hath been, between the two visible Heads (as they were commonly called and accounted) of the State Ecclesiastic, and Politic. But surely, their corruption hath so been alike, as that I am apt to believe (if they were not twins, borne at once, yet) they are Brothers of Iniquity, bred, and brought forth from the same Womb of Wickedness and Pride. If as the Corruption of both did Coutemporize in the birth, it join in its Death; I shall not wonder, They that said, No Bishop, no King; spoke truth, though unawares. And the downfall of Papal Bishops, and Tyrannous Kings, will not differ much in the time.  
I am glad my last was so satisfactory unto you, as that you were pleased to call it a Resolver.  
It is the glory of truth, when it is held forth by any it can reslove; Only, some are so impudent, as to say, that it is not day when the Sun itself doth shine: we have a saying, who so blind, as he that will not see? Surely, wilfulness is the greatest blindness.  
'Tis a Divine truth, men are not only Ignorant, because they cannot, but because they will not know the truth.  
The Schoolmen have well observed, that there is Ignorantia pravae dispositionis, as well as Ignorantia purae negationis, without doubt, in many things, the reason why people see no more, is not for want of light, but for want of will; This maketh me think the scruples of many about the King are rather the brats of wilfulness, than any thing else.  
Yet I shall not deny, but that unto some weak ones, what you mention may have a face of reason, to continue them as Scruples; But that others, whose parts, and intellects, are head and shoulders above mine, that such can stumble, at those Straws, you must pardon me, if I do not believe.  
At your entreaty I shall once more trifle away an hour, to satisfy you in the things you mention; and I hope you will pardon me if I be plain, and I shall rejoice my 〈…〉 may have power to resolve any, that really scruple 〈…〉 receive, or give satisfaction is a beseeming employment.  
The Commander that doth lead your scrupling party, hath a great name, it is called Covenant; and that name you th' … argue.  
Let it be granted, that Charles Stewart was guilty, and 〈◊〉 a Bill of Indictment, may be read against him in Letters of blo … yet did we not in particular Covenant to preserve his Person What if he broke Covenant with us, [turning Tyrant, when he should have ruled as King] and so did deserve to die like a Malefactor, who might have lived as a Monarch.  
What of this [say you] should we break Covenant with God? and should we presume, to put him to death as a Traitor, whom we swear to preserve as a King?  
In answer unto this, I shall offer unto your serious consideration, these things: and because I know you are wife, I will rather speak words, then dilate in sentences.  
First, the Covenant which was made [and you mention] was not an absolute, but a conditional Covenant; It was not a Covenant of free grace [such as God maketh with men] but of his love mixed with Justice [such as an Indulgent people make with a seduced Prince] yet so, as to be just unto the Nation, while merciful unto him.  
Had we sworn hand over head [as we use to say] to preserve the King's Person Perfas & nefas, in all cases whatsoever; this had been a Covenant altogether of Freegrace unto him; but not of Justice unto the Land. And certainly, such a Covenant as this, had it passed the hands of some Minions of Monarchy: could never have entered into the hearts of any that are Lovers of equity. It is above my power to Covenant with my enraged parent, who standeth ready to destroy me, and my brethren, that come what will, I will preserve his life. Suppose it were so, that if I killed not him, he would kill me? Or suppose, he should kill some of my brethren, durst I, or ought I to Covenant [in that case] his preservation? Or if I were so weak as to make rashly; were it not my wisdom to recede repentingly from such a Covenant? Doubtless the civil obligation of a people unto Princes, doth not amount higher, [if so high] as the natural tye of children unto parents.  
Secondly, the condition of the Covenant is clear; for it is expressy provided, that the King's person should be within the pale of the (Rights and Privileges of Parliament, the true Religion and Liberties of the Kingdom) all the while, the Covenant should bind any unto his preservation.  
Though the life of the King were to be preserved as precious, it was because it was bound up in the bundle of Religion, Liberty, and Privileges; if therefore it fell out of that bundle, it lay but as a common thing: It is true, if in the preservation of the true Religion, and Liberty of the people, the King's life could have been preserved: he might have lived until now (for aught I know;) But sigh, his life would procure the danger of those greater things: I see not, why his death may not be called their preservation. Whether the true Religion could be preserved in his preservation, let Mr. Prinnes Royal Favourite inform you; To prepare; And let his Commissions unto Lish Papists for their Rebellion enable you to pass a censure. And for the Privileges of Parliament, and Liberty of the People: how inconsistent their preservation, and his Person, were together, is needless to say, much more needless to argue.  
Thirdly, neither was the Covenant (be it such as you imagine) eternal: the Contents thereof were not for an everlasting Almanac, (or if it were, we might in our old Latin call it Erra Pater) it was a Covenant made in a time of War, in Order unto an open, and then potent enemies, redusing, unto terms of a just peace.  
And (as fare as I can judge) that part which concerneth the King's person: was a summons sent unto a Town, or Castle with Conditions, which (if accepted) have power of a Covenant.  
If the King had either first, or last, (which he was many times entreated unto) accepted of the Covenant, it had been binding.  
Though one party stretch forth his hand, yet if the other do not strike, it is rather a Covenant intended then made; but the King's first, and continued refusal, are, and were our release.  
Nay, had he at all taken it (and by his taking of it, laid that part of the Covenant that concerned him, as an obligation on us) yet his actions were, and have been, so contrary unto the Covenant, and the great things, thereof; As that he did totally nullify and violate it; and surely the violation of any Covenant [so fare as it is conditional] by one party, leaveth the other nnocent, in case he observed it not.  
When my Wife turneth adultress, my Covenant with her is broken, And when my King turneth Tyrant, and continueth so, my Covenant with him also is broken.  
Indeed it is a pretty note of one of the Rabbins [upon the Proverbs 29.4.] that the Holy-Ghost doth not vouchsafe to call him a King who doth oppose his people: But,  
Fourthly, the end of that clause, which concerneth the executed King: it declareth that it was to let the world know, we had no thought, nor intention, to diminish His Majesty's just power and greatness.  
Now clear it is, that it is not the just power, nor the just greatness, of any King that ever was, to be free from the Power and Authority of Justice, and Majesty itself: such a losing of a King, Buckanan rather accounted, the losing of a Monster, than the losing of a man.  
I may rather promise to maintain and preserve that which is the just power, and the just greatness of any Prince, or Person, whatsoever in the world, and yet notwithstanding, I may without breach of promise, judge the unjust actions of the said Person, and bring him unto Justice too.  
It hath ever been the unjust usurpation of Tyrannous Princes, by the unlawful claim of great Tyranny; to plead an exemption from legal Trial, for illegal facts: such an exemption, were not a just greatness, but a great injustice.  
By this you may therefore guess, that all those scruples, pretendedly built upon the Covenant, have more of show, then of strength: And such as in this pretend Religion, do indeed affront reason.  
The Covenant may, and doth remain inviolable, notwithstanding the Trial of Charles Stuart: And humbly confident I am, in the great day of Account, it will never be charged upon either Authors, or Approvers of the late Execution, that they were Covenant-Breakers with the great God. I confess, I dare not entertain such dishonourable thoughts; either of the Composers or Imposers of that Covenant, that it was their aim, thereby so to ensnare both themselves and others, as that the receiving thereof should bind them (in all cases) up to such a prosecution of the King's person, as that the Law, Religion, Privileges, and Liberties should all rather sink and perish, than he should suffer Justice. What a mere mockery had been of the Almighty? to enter into a Covenant, the main and sole end of which, was Reformation; And yet not to Covenant for, but rather to Covenant against the Honourable, just, and necessary trial of exorbitant and Tyrannous Princes, and Governors (by what Title soever.) Certainly the Reformation of the Arbitrary power of Princes (which necessarily includeth a punishment of such as in that way hath deformed the beauty, and almost destroyed the being of State) is as great a piece of Reformation, as ever the English (or any) State could, or should set upon.  
The true and righteous end of the Covenant (so much urged) I never did, nor could ever take to be, other than a holy, righteous, honourable, and lasting Reformation, and settling of all things amongst us, Ecclesiaticall and Political; and this to be endeavoured after by all (jointly and severally) in so vigorous and resolved a manner, as that whatsoever forms or persons in the one, or other, should be found prejudicial thereunto; or inconsistent herewith, should be laid aside: And also, that all such as were, or should appear to be enemies unto this, should be brought unto condign punishment; This I say, I am persuaded was the end of the Covenant: And while this is pursued, the Covenant liveth. It is true (indeed) the preservation of the King when the Covenant was made, did seem to conduce in part unto this great end: But since it appeareth altogether inconsistent therewith: The Justice executed upon him (in my eye) is no more a breach of Covenant; then the throwing of a Log out of the way, is a deviation from that Journey, the Arrival unto the end of which, the log did hinder. Thus may the Captain of the Scruplous party be taken and conquered: And now incold thoughts tell me, hath this Captain any more than the bare Covenant? Is not the scruple built upon it, as the House upon the sands: or is it any better than a specious Sophism, that as an Argument hath only a name that it lives, but is dead. Doth not the Covenant in the full spirit and vigour of it, live, though the King be dead? But I forbear, as remembering; that the scruple taken from the Covenant, is not so much your own as others: therefore I proceed.  
The next Pile of Sand upon which a scruple is built, is this: what power (say you) had that high Court of Justice to try the King? Let it be supposed, the King was a Criminal Offender (guilty of death.) And let it be supposed (say you) the Covenant had not a binding power upon us, to hinder proceed against him, yet Quo Jurê, Qua Potestaté, did that Court so adjudge him? to put a Malefactor to death without Law, is as well unjust, as to punish an Innocent person, under pretence of Law.  
As unto this, you know my Profession is not Law; therefore as unto that querck, I shall be but brief (referring you unto the Speeches both of the Precedent, and the Solicitor of that Court, for ampler satisfaction) therefore only thus.  
First, If Charles Stuart held his Crown by Conquest of Arms (as by his Plea of succession from the Conqueror he did pretend; and as some of his friends (though the people's foes) have urged.) Then, without doubt, by the same Right in which (upon this plea he urged) he ruled by the same he suffered: Himself was conquered and a Prisoner of War. It's true, that he surrendered himself (a fair way of giving up unto mercy, when he could hold out no longer) and that unto the Scots Army (but under English pay) and so a Prisoner unto England's Sword.) An Army of Swissers, serving the King of France for his money, may as well pretend, that such Prisoners, or Towns as they take, are properly their own: as the Scots (under English pay) may pretend that the King was theirs: So, that still I say, he was a Prisoner unto England's State, and the case is no whit altered; but the same: Therefore if he held by Conquest; then as he held, so he was, or might be tried; But,  
Secondly, It was, and is the power of a Parliament, to erect such a Court, as in this case they did. A lawful Court by a lawful power authorized, and by law proceeding, may try any Prince in the world: Therefore the power by which, and the way in which, the King was tried (being so just) why should any presume to question it?  
Object. Objection: But (say you) how could that House be called a Parliament, when the Lords joined not with the Commons? and when most of the Commons were kept out?  
Answ. I Answer I thank Mr. Prione for that light, which in particular I have gaired from his Sovereign power of Parliaments: whereby I understand well enough, that the Commons may act without the Lords; & also that the House of Commons, though under fifty, may act without the rest (supposing them to be absent.) Object. And whereas you me pleased to say, they were under restraint; and kept out, who otherwise would have been in. Answer. To that I reply only (as in my last) that that restraint was lawful. The late Parliament in Scotland, who gave Authority to Hambleton to invade England, was not in part, but in whole forced from Edinburgh: and the present Parliament (that now sitteth there) sitteth by the power of the Sword; And yet I am confident, you are so good a friend to the Scotchman, as that you will not think the driving away of the former, or the settling of this Parliament there, to be unlawful. I told you, and I still tell you, necessity is the Law Royal. It dispenceth with all Laws, 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉  The Rabb●●s have a saying, the merciful God doth not hold the necesstated guilty there was a necessity for what the Army did; as to the taking out of those rotten Members; and that necessity was their Law.  
Object, Objection. But they which sit are not free.  
Answ. Answer. Why should any presume to say so, when they do not; they are of years sufficient (as Christ said in another case) Let them speak for themselves. Nay they have, and they do speak once and again they are free: Did they not before, and do they not now sit free? And unto this day (since more are come in;) Do they either disclaim the Authority of the High Court of Justice; or so much as hint, that they were under a force? Altum Silentium: here is not a word of this: and therefore I pass from it, let this suffice to satisfy, that piece of the scruple, that questioneth the power whereby that honourable piece of Justice was acted.  
As to the next of Precedent; it is so poor a scruple, that a Puff bloweth, it away. Precedents are good inc●…rragements, but bad Rules: It is lawful to act in businesses of this nature, (as in others) without a Precedent. We have been beholding to former Ages, for Precedents in so … things (neither have they left us without foot steps in this.) And why may it not be our glory, to give a brighter and clearer Precedent unto future Ages in this; as it hath been theirs to give us in others; But,  
First of all: though Precedents are not recorded, shall we therefore conclude, the thing was not; many things have been which we know not off, A non dici, ad non esse, is a kind of Argument, hushed at by boys; It is too weak in any thing to say, such a thing was not spoken, therefore it was acted.  
Secondly: Histories both of Foreign, and of our own Nation, abound much with Precedents of this nature; The Jews (who had at first the best Common wealth, and afterwards the best Kingdom that ever was) are presidentall unto us in this business; in trying those who either were Superiors (as the Judges in the time of their Common wealth) (or their Kings in the times of their Kingdoms.) Shickard: 
Helach, Melach, cap. 3, Sect. 4.  (a great Reader and a good Linguist) telleth us, Ordinario judicio Reges, ob transgressionem legis, petuisse convenicio, & ad verbera damnari. Hit meaning is; that it was ordinary amongst the Jews, not only to call unto the Bar, but (as we say) to bring unto the Whipping post their King. Indeed, this seemed unto him a Paradox at first, 
cap. 19  but afterwards he found it confirmed, Consensutotius antiquitatis Hebrae (i. e.) by the consent of the whole Hebrew antiquity: 
Halach: Kelehammikd. cap. 5.  and upon it he doth observe also (out of their writings) that Kings were, and might be brought to whipping; As out of one of their books he doth observe. That in case of multiplying of Wives, Horses, Gold and Silver, if he did exceed in those he was to be whipped; 
His word is. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Masmonid: in Halach. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cor. 3  and so likewise he observeth out of the Sanhedrin the same things: he doth observe also concerning the High Priest, that he was questioned (though not by all, yet) by th' great Synedrion: And Caneus also observeth out of the talmudical writers; that if the High Priests were refractory, and contumatious, refusing to approve of, and to follow that which they did jointly ageee unto, he was adjudged to die. And by the way I would ask this question, what exemption (by virtue of any Scriptures) there can be showed, that the King had from the Law more than the High Priest. Josephus tells us, that when Antipater had divided his Kingdom between his two Sons, 
See Schikard de jure Regio apud Hebraos, Theor: 14 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: joseph. lib. 14. cap. 17. Hutius jud. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In Talmud codex Sanhedrin: cap: 2: Sect. 2. Si Judaerum Reges a civibus puniti non sunt, hoc non magnopere ad nostrum justitutum. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which word Cock observes out of Entropius to signify to command.  and when one of them (Herod by name) was observed to manage all business in his own name, and particularly to put one Hezekiah (though a Thief) unto death (which was contrary unto the Jewish law, which ordained that in that case of death, the King should not proceed of their own head unto death) he was hereupon suspected of Tyranny, and accused hereof, and brought before the Council; where his insolent carriage was such, as that it struck a fear into all, except one Shamea, who took him down for it, and urged Council to consider it, lest (saith he) if we permitting his insolency, and he should be condemned by us (according unto the Law, observe he thought, that according unto the Law, they might condemn him) he by the violation of righteousness should escape, and slay us. Now it is observable, that this was after the Jewish affairs begun to decline; and they were (in a manner) under the Roman power, even then the Synedrian Senators, durst then (as Josephus confessed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉— (i. e.) according unto the Law,) deal with their Princes indeed: there is a passage in Talmud (at which I stumbled) it is this: the King neither judgeth, nor is judged; when I read this, I began to scruple, as concerning their practice: (and yet I remembered well enough what Buckanan saith, that if the Kings of the Jews were not punished by them, yet that did not make much, either for, or against our purpose) but looking into the Gemara Sanhedrin Chapter 2. that is entitled Cohen Gedol: I find an explication of that passage in the Talmud: And there it is said by the Rabbi Joseph, that that Tradition of the Kings, being neither a Judge, nor adjudged, is understood of none, but of the Kings of Israel, for (saith he) the Kings of the House of David, did both judge, and were adjudged; And making there a question, why it was not so amongst the Kings of Israel: he giveth this reason, because of that which happened in the case of a Servant of King Janneas. Now the tradition of that business is there recorded thus; King Janneas his Servant had committed murder; upon which one advertized the Elders thereof, and desired that he might be questioned for it; they thereupon Command the King to give up his Servant to be tried: He doth send him upon that, to the Synedrian. But he was Commanded to come himself, to give testimony in his Servants Case: hereupon he came, and Simeon said unto him, King Janneas stand thou up, neither think thou only, that thou standest up before us; but before him who made the World.  
Upon this the King answered, I stand not up at your Command, but upon the Command of your Colleges &c, upon which Symion (looking about him, and seeing them all looking upon the ground) what (said he unto them) are you now thinking? there is who will be avenged of you? 
Perush trammischanio tl. pag. 115.  and immediately they were struck unto the ground dead; Whereupon (saith the Gemera) passed this Decree, that the King was neither judged nor did judge. etc. Another also of the jewish writings, witness that that Tradition, was only concerning the Kings of Israel, and that the Kings of David's house, they did both judge, and were judged. 
Halach. Melach cap. 9 Sect. 3.  And another writing of the Jews, saith that, the Kings who came of David's loins, were both judged, and did judge, and that it was lawful to deal with them; But the wise men did make that Tradition concerning the Samaritan Kings, because their hearts were proud. etc.  
Out of this talmudical Tradition, I observe thus much,  
First, That the Kings of judah (for they were the Kings of the house of David) were questionable: and therefore they were questioned upon occasion.  
Secondly, the Kings of Israel were so too, de Jure, (and sometimes) de facto: my meaning is, they always lawfully might (though sometimes actually, they were not questioned) that was after the revolt of the ten Tribes; when they had not only cast off the power, and right of the people, but also the Law and Yoke of God himself.  
Thirdly, that if the Kings of Judah actually were, and the Kings of Israel rightfully ought to be brought unto Trial, than the calling of Kings to account, and proceed against, according unto desert; Is not a business of so new, and strange a nature; as sonie would make the world believe to be. And truly, till I find a Scripture forbidding it (I shall not dare to censure the questioning of Kings, as sinful; for as much as sinning is the transgression of the Law (and where no Law is, there no transgression can be.) Bartolus spoke no more, (nor indeed less) then right reason, and an impartial judgement will suggest when he said, that, a King might commit treason, and be a traitor, and Rebel unto his Country and so be may be judged and delbroaned, and otherwise punished, by that Lord against whom he hath offended, who is the peoples and those that represent them.  
I must be ingenious, and confess, that Shickard seems to question, whether the Jews ever did put their Princes to death? He saith, they did not with every kind of punishment, nor (as he thinketh) with Capital punishment, punish any of their Princes.  
But notwithstanding this opinion of Shickard, I am no way moved to think, but that both they might, and did upon occasion put their Kings to death. Surely, he that may be whippped for a lesser, may be hanged for a greater fault; And if so be, the jews might and did (as Shickard himself acknowledgeth) bring their Kings unto whipping, why might they not upon the same reason, bring them unto a greater punishment, when deserved?  
And to put it out of doubt, that instance which I gave in my last, (out of the 2 Chro. 25.27.) maketh it clear, that they did put Amaziah King of Judah unto death.  
Obj. But you will say, that place is not clear: because in some translations, it is rendered, they committed. Treason, in others they made conspiracy; therefore you will say, can either of those be presentable?  
Rep. To this I reply thus much; how ever the Word is translated, we must eye its meaning, not translation; It is not our happiness, that all the words in the Bible are truly translated: 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 From 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ligare  or that where they are, they are rightly understood; The Word therefore in that place which is translated (they made a conspiracy) * properly signifieth, to bind, and to agree together, as under a bond. Now all be it, that it is sometimes used to be taken in a bad sense, it is not therefore to be understood, where ever the Word is used, that it is taken in a bad sense; For the same word is used in the 2 Kings 9 14. concerning Jehu, it is said, he conspired against Joram: Now certainly what he did against Joram, was not unlawful, neither is the word so to be understood; for we know he was annoiuted by God unto that work, and it is probable in that he had, the concurrence of the servants of God, of whom it is mentioned verse the 11. Now there be three Reasons that make me something confident that this act of putting King Amaziah unto death, was lawful and imitable.  
First, because the Holyghost records it, without mentioning any thing that might blemish it; It is not noted there as in other conspiracies, that it was done by any private man, or by his servants; but rather it is recorded, as the act of all the People; for it is said, they conspired against him in Jerusulem.  
Secondly, 
2 Kings 15.10. 2 Kings 21.29.  because the Holy-Ghost, doth not record any public Cognizance, that was taken for the thing as a crime, nor any punishment inflicted upon any for it, as we find in other cases of conspiracy.  
Thirdly, the Holy-Ghost showeth it was done publicly, so as he knew of it, whereupon he fled for it, they send after him, and when he was slain he was openly brought back upon horses, which doth show without doubt, that had it not been done by authority, and allowed of, it would never have been owned so openly.  
2 Obj. But you will say, how cometh it to pass, that Shickard (who professedly seemeth, to enovire after the Jewish people's power over their Kings) had not observed any such things amongst the Rabbins.  
Answ. For that, I conceive the true reason why he did not find any thing among the writings of the Rabbins (now extant) was this, because their works are not ancient enough, to give instance of this practice; for besides pecuniary mulckes and whip, the Jews had not for divers years, 
Mainord. in Hilch. Sanhedrin cap. 11.  any other pwishment among them, for any crime whatsoever. It is observed of the Criminalia Judicia, that they ceased among the Jews, some years before the destruction of the second Temple; and so much is observed out of the Jerusalem and Babylovish Talmud. Hence it was, that the Jews did not put any to death, for any fact whatsoever.  
An instance of which, we find in the case of one that defiled himself with a Beast * (which by the very known Law was death, 
In Berachos. fol. 58.  yet) he was only whipped for it, and the reason that is given for it is this: because from the time that they were forced to go from their own land, they did not put any man to death; that is, they had no power, (or at least they thought so) to put any unto death, for any crime whatsoever. Hence Buxstorfe * conceiveth, 
In Lexicon Talmud. p. 514.  was that speech of theirs (John the 18.31.) it is not lawful for us to put any man to death; not but that their Law did allow of putting of men to death; (as they themselves acknowledged, John the 19 and 7.) But it seemeth, that power was taken from them, and they could not execute it; So that you do see, there might be a great reason why Shickard could not light upon a passage, that might show him, that the Jews did put any of their Kings to death, because that the Jews for many years (even for some years before Christ's death) had not that Power, in any case whatsoever.  
Thus far (and a little further than I thought) have I waded in this business of Precedent, and to wind up all: you see how your scruples drawn, both from the Covenant, from pretended want of Authority in the Council, and also of want of Precedent may be resolved; What you add besides these, are inconsiderable, that I shall pass them by; only, a word unto your fear about the consequence of this business.  
Ob. You will say, Prudence in private persons doth (much more) Policy in public States should foresee the worst, and so order things, as that the success, or event of them, may be weighed before they be done; and you conceive, had the event of this work been well weighed, it had never been done?  
Answ. Unto this I return shortly thus,  
First, suppose the event as bad as some wretches brag, and some weak ones fear; suppose upon the conjunction of Malevolent asspects, of desperate foes, and Apostate friends, another War should arise; yet here will be our comfort and our advantage, that our enemies are such as oppose not only us, but Justice itself, and so Justice will be engaged to preserve, not so much our persons, as his own actions.  
Secondly, Why should we so much dis-trust that sweet, and powerful Providence, that all along (especially of late) hath appeared so clearly for us? why shall we not hope that the same God, that hath given us so many signal victories (in great battles) over that man of blowed (when a live, and in the field) and who hath also helped us, to suppress so many & such unparallelled insurrections of his mutinous friends (of late) who (I say) should we not hope, the same providence will be as propitious unto us, in an other war, and in other tumults as formerly.  
Thirdly, Confident I am, that if Ireland and Scotland join together; and if (which God prevent) all the Murmuring and disaffected Persons in England should Contribute to Invite, and Assist them in an Invation: yet notwithstanding all this England should not die; but live to show forth all the works of God: who hath delivered us, who doth, and who yet will deliver us; What Nation ever perished in the Work of righteousness, and in the pursuing thereof. Suffer for a little, and shake a while (peradventure) we may; but surely those sufferings will be turned unto joy, and those shake unto settling; Yet (my friend) let me tell you, England was never in better posture to secure itself, and Scotland never worse, to invade us: but I am above the arm of flesh, I have learned to cease from men; 'tis the Lord alone that hath been, and will be exalted amongst us: though we fall we shall rise: 'tis the Privilege of just and righteous people, that no weapon form against them shall presper.  
As touching the Government intended by the House of Commons in time of Parliament, and Committee of Estate in the Intervale: I doubt not to affirm, but that time will discover it, as good a way for the Public, as possibly the wisdom of man can devise. It is true, if men be mad, it will be chargeable to settle it, but if settled, the benefit of it will quit the Cost: Either I have been very unhappy in the Authors that I have read, or else upon my little reading; I can rationally conclude, that the best of Governments is that which Aristotle calleth Aristocracy (especially if it be in part mixed with Democracy) Let there be so much of the Democratick way, as to acknowledge all Power fundamentally in the People; and all Persons entrusted with it as their trusties: and accordingly let it surely be provided, that such trusties be questioned for betraying or ill managing their trust, and in Order hereunto let a Council of State manage all affairs in the Interval of Parliament; and yet, let those also be questionable for ill management in time of Parliament; I say, let this be once settled, and the Laws of this Nation reduced: I shall have reason to believe, that England will quickly be a happier Commonwealth than it hath been a Kingdom.  
There be three things, which for fourscore Years I looked upon, as indubitable Aphorisms of State, which ascented unto, and pursued, would soon end our Murmur, and render us a Happy People.  
First, That The Supreme Power of all Law whatsoever, is in the whole body of the People defused (as the soul through the whole body aturall) not confined unto any particular: It was therefore both well and rationally resolved by Mr. Mead, That the Sceptre did no ways departed from Judah, nor the Lawgiver from between his feet (though without a King of David's race, when the Shiloh came:) therefore it was in the People.  
It is a Conceit not fit to be quartered in the brain of man: that Kings make Sceptres: The truth is, that Sceptres do declare Kings; yet so as that Sceptres may be where Kings are not: Sceptres may be, and Power of all Laws, and Authority, They are as the Spirit of life, running through the whole body of a Nation; which albeit it put forth itself in some Members, more eminently than another; yet it is not because it is in those Members so Originally but only because it is used by them Organically; Organically Kings and Princes are but Persons, they are not Powers.  
Secondly, all the Power of any State in General and particular is therefore derived from the people of that State, and so power or Majesty is properly there. In truth Majesty is in the People, as in the King, but it is only in the King, as in their Herald: It is recorded, that at Jerusalem in the midst of the Synedrion, 
Cuneus in Repub. Jud. lib. 1. cap. 9  there was hung a Sceptre, which (saith my Author) was an Ensign of that Majesty which Marcus Tullius observeth to be in the people: And it is therefore well observed by the same Author, that not the Kings, or the Princes, but the Consuls, and the Senates, the Roman Commonwealth itself did act then when this Law was given unto their confederate, that they should preserve without fraud, the Majesty of the Roman People.  
Thirdly, That Power therefore that is in any particular person is in them, but as in Feofees in trust for the people: And when they abuse it, as their persons may be punished for that abuse, 
Cri●…en laesae Majestatis quod adversus populuns Romanum: & lib. 1. sect. 1. ad legem Jul. Majest.  so the power itself may be recalled. Ulpian doth therefore well note that it is a Crime against Majesty, which is against the people of Rome; or against its security.  
Seneca, (my friend) said well, when he said, that Commonwealths were not made for Kings, but Kings for Commonwealths: who is there so little read in History, that knoweth not that people were before Princes: the first Government in the world was by Families, then in time it grew to Cities, and Towns, and afterwards it extended itself further; And who is there so Irrational (that I say not Irreligious) as to imagine, that ever the great, wise, Just, and gracious God should make the world, and the Nations thereof, for the sake of a few Princes, and having made all, should vassalize all unto the wills of them, to live as they list without control: Surely did not self-love, Private Jnterrest and the rest of that unworthy Gang, blind our understandings, we should quickly see, and understand; that were Princes as useful in their places, as possible they might be; yet if once they turned to be useless, and hurtful, they may be laid aside, I could never yet think a king, more (if so much) unto a body Politic than a right Eye or hand unto the body natural; yet, you do know who said, if a right eye, or a right hand offend thee, pluck it out and cast it off. I am apt to think you will deal with this as you did with the former, and expose it unto public view: I shall therefore ere I close it up, offer a few seasonable words to all sorts amongst us.  
First [as meet is] I shall begin with the Parliament; were I near them, and had the advantage of their ear, I should humbly whisper thus much. Honoured Worthies! you have begun well, go on; your actings are good, let not your Actings be bad: Take heed of self Interest, [the fatal Rock of all Statists] if you drive that, it will destroy you: you are but men, (and so may err) you should be christian's (and so wise to prevent what may be) God hath already discovered many rotten Members amongst you, and be sure, if any of you be such, he will discover you also; The divine Wisdom knoweth how to use bad men unto good purposes: and not only to cast them off, but to punish them when the work is done. Remember this: It is a shame in all, and it will be a sin in you, if you do gain while the Nation loseth: Take heed of driving at the making of yourselves a perpetual Parliament for your own profit, Hasten to confute the slander that is frequently cast upon you; (by doing what in you lieth) though warily, and wisely, to put a period unto this Session; And remember to do such things, as that your families may bless you, & that the next Parliament may not question you. If I thought that the words of a worm might have power, I would not beseech, but Conjure you, by the great name of justice and Equity, that you so cleanse and open the Fountain of justice (I mean the Law) that so righteousness that may run down amongst us as a mighty stream: deliver this Nation from its Normand bondage of slavery: let us have our Laws in our own language: your fathers did well, when they gave us our Divine service in our Mother tongue; thereby they delivered us from worshipping of an unknown God. Do you give us our Law in our own tongue also, that we may know when we offend, and how to Obey. Blind obedience is as well dangerous in Civils as spirituals, 
Cynthius' aurem vel et.  but Cynthius pulleth me by the Ear: therefore I leave yours only (because of my Profession) let me whisper out this also, eye the Lord jesus in all your actings, advance his Kingdom (as much as in you lieth) and believe it, the advancement of his Kingdom, will be the best security unto our Commonwealth, Remember the Sceptre of his Kingdom, (I mean the Word) take heed while you do a good work of easing of the People of Tithes, you do not something that shall deprive them of the knowledge of the Truth; If you do not provide a Competent maintenance, for a settled Ministry, you may do as much hurt to the souls as you can do good to the bodies of us; but you are wise, 
Verbum sapienti.  and this word shall suffice to have been spoken unto you.  
Secondly, Unto you, Oh you righteous Judges, (for so I dare call you) of the high Court of Justice: let me say you have done a good work, in Avenging the blood of Innocent ones, upon Charles Stuart: but let me tell you, so did Jehu, in avenging the blood of Naboth upon Ahab: Take heed, Oh take heed; that though you have done justice, that you do not suffer from God as Murderers; In my heart I honour you, hence it is that I shall boldly tell you so much, God certainly will avenge King Charles his blood upon your head, if you did shed it out of a vain glorious desire to be counted bold, Gallant, and or from any particular spleen, or Malice, or aiming at any private or any sinister end. That act which is Just in it self, may be unjust in its end, but I hope better things of you and such as accompany righteousness and Integrity, (though I thus speak) only remember to examine your hearts: Endeavour that way to clear yourselves i And then let me tell, you need not snffer any fear to possess you, for what may befall you for doing of justice, It will be your honour, to die as Martyrs, for sentencing of a Murderer; If so be the same spirit be amongst you all, which I have cause to hope is in some of you, I shall say no more than this unto you; fear not man who can kill the body, but after that can do no more.  
Thirdly, unto you whom (for distinction sake) I must call Malignants, I would not use that word of Odium: bu● only for distinction: If your ears be not wholly stopped: and if you have not so much of the Serpent in you, as to refuse to hearken unto the Charmer; Let me beseech you be wise once: were I to stand upon some high and great Mounnaine, (as the Father fancied) & had the voice of a mighty Trumpet, I would take that for my text, to preach upon unto you; Oh mortal men how long will you delight in vanity and follow after lies; What a mad thing is't to oppose that God, who hath again, and again appeared against you: some of you have rid, a silly people, as Balaam did his Ass, and your Asses under you (I mean the people seduced by you) have seen the Angel of the Lord in the way with a drawn sword; Therefore they have been feign once, and again to turn aside: be not so cruel to smite them, or to cause them to be smitten by riding on again, Kent and Essex have been smitten for your sakes: be so good unto them and to yourselves, as to cease to make any more Insurrections, lest that God who hath appeared against you, and destroyed your King, destroy you also, If I say, I honour some of you, I do not Compliment: and if I profess I love you as a Christian to your good, my Conscience hereto beareth me witness that Hie not; Oh, Commune with your hearts upon your beds and be still; consider what you have done, and how you have speed, and do no more. But if you will go on notwithstanding all this, my soul shall mourn in secret for you, and I shall pray Christ that he would save your souls, when you expose your body and Estate to ruin.  
Fourthly, I have a word to say to you, Oh you discontented friends! that word is this; what is the matter that you Murmur: Are you troubled that the work is done without you: should you not rather rejoice that it is done for you; If I should say some of you, many years since, have longed to see this day (nay that I have been in company when you have prayed for it) If I should say this, your hearts would tell you, that I might, and not exceed truth. Friends, the fault was yours, you would not be in the work, when invited: Let me be friendly unto you, and beseech you to search your heart, and to see if some root of bitterness (some particular interest of your own) do not make you to speak evil of that which is good: Oh, why should you begin to smile upon those that hate you with their hairs. And why should you think of joining hand in hand with those, who first with your help would destroy us; and afterwards devour you. Many of you are Ministers (whom I do honour) let me beseech you to tell me seriously, whether Christ sent you to preach the Gospel, or to vent your thoughts in State Affairs. I know you look towards Scotland: and I am afraid their Interest makes you over Act yourselves. I should take it as a Courtesy, if you would Quaere; some of your Scotch Acquaintance, and resolve me in these things,  
First: whether the King that came out of Scotland into England, had more power here, than he had there; And why it hath been reputed so lawful, (that I say not laudable) for the Scotchmen, to try, and put their Kings, (some of them) to death, and yet they Question the same in us; surely we have ever thought that King james and his race had as little reason to be unjust in England, as in Scotland. And if they might Question him, (as they have former Kings) why may not we.  
Secondly, I desire to know, whether or no the Actions of the Army in keeping out sundry of the Members, of the House of Commons, may not be as lawful, as the Act of their Kirke in raising of an Army not only with, but against their Parliament, the last Summer.  
Thirdly, One Question more I would ask, suppose a year hence a full Parliament should declare, what this Parliament hath done, and the high Court of Justice against the King to be law: why may not this be as valide and as good: as when a Parliament of theirs did declare that the putting of James the 3 to death (though in a private way) (by private persons) was right and lawful: and that Declaration of theirs made it Valid.  
I will leave these Questions with you, if you shall not be so kind as to resolve them. I hope I shall not be distracted in my thoughts about them. Only let me beseech, for by that dear bond in which [I hope] I am bound up with many of you to be wise. And if in all things you may not be so clear, [for present] in the actions of the Parliament and Army; take heed how you blow up such a fire, as happily may burn yourselves, yet not consume us.  
Lastly, I will conclude with one word to all the people of this Land, and Nation. That word is this, I beseech you (my fellow country men) lay hold on that opportunity of peace, which now presenteth itself unto you, sweet peace, blessed peace, beginneth to court you; you have long longed for it, it now beseecheth you to embrace it, Oh that you were wise in this your day, to know the things that belong unto your peaee! [which are doubtless Justice and Righteousness What would you have? ease from Taxes? settlement of our shaking security to enjoy your proprieties? Why, you have all these present in themselves, & they seem to beseech you to accept of them. Oh that God would make you wise to take hold on them! you have to lon● befooled yourselves already, by harkening unto those, that would seduce you unto tyranny: take heed of giving ear unto any, that spe●● to you of Levelling and Levellers [as if there were a design to 〈◊〉 all men's Estates level, that one should have no more than another I dare assure you that if such a generation of fools (to say no won) be any where, they are so inconsiderable, that what they say, doth but declare in them their own madness, than any thing else. Or else this let me tell you, there are some, whom you have harkened too much to already; who if they could engage you to endeavour to suppress this Parliament and Army; they would not only Level your Estates, but take them away altogether.  
To conclude, remember it will be your safety to sit still: Take you but heed of Tumults and Jnsurrections, and the like, and you need not fear, but peace will settle itself with you. Let me speak this great word [which I have good ground to speak] if God will make you so wise, as patiently to wait a while, you shall see England a happy Nation. Other parts of the world look upon you, as you go on, they will follow. It will be a glory unto the English Nation, to give an example unto all the people of the Earth, to free themselves from Tyranny and Slavery. I fear not to say, however, for our sins may permit some tumults among ourselves to scourge us; yet within a few years we shall enjoy truth, peace and prosperity, which shall make us [I had almost said unalterably] happy.  
I have even now done [my dear friend] and I confess if you blame me, I will thank you for it, that I have spent so much time, about these things; You and I [I hope] look after higher things, than these of this nature; and a greater delivery from slavery and bondage, then that of the body we pant after and expect. We shall be delivered from the bondage of corruption, and ere long we shall be translated into the glorious liberty of the children of God; The whole Creation together with us, travails in pain, and groans for this: The day of Redemption is at hand: err long we shall see him, who wilsettle all things. Doth not the Spirit itself make Intercession for us, with groans that cannot be uttered? Doth not the spirit and the Bride cry, come; Surely ere long, the Lord whom we look for shall come. In the mean time, we know all things work together for good unto them that love God: even unto them who are called according unto his purpose. I shall break off, and close up all with this subscription, that I am still,  
Your friend and Servant, N. T. Febr. the 20. 1648.  
FINIS.   

March 12, 1648-49. Imprimatur Theodore Jennings.