XII. Resolves concerning the disposall of the Person of the King.
AS it may be said to the Parliament of England, as King Iehosaphat said to his Senatours take heed what ye do, for ye Iudge not for man but for the Lord. 2 Cro. 19. 6. So for any ambitious spirit by evill Language to traduce, or by Lihills, [...], to asperse any Member thereof, he that doth so, gives a very insufficient accompt of any faithfulnesse to that Parliament whereof the other is a Member, (especially in any thing said or done before the whole House, and by them approved,) And (what ever is professed) in times of tryall, such will prove like Nyssers Apes, [...]. Greg. Nyss, de professi. Christian) for a little honour or profit to himselfe.
Now for this Rejoynder, (who professeth himselfe to be the same who writ the Animadversions on Mr. Chaloners Speech) though he would have it granted that he gave a good accompt of himselfe b [...]fore, yet by examination it appeared to be quite contrary, and this second (being audi [...]ed) is yet worse, as I shall make it appeare to those who will view the sume and substance thereof: In which I am resolved on much brevity.
1. He saith that the Scripture prefixed in the title of his Animadversions. For the transgression of a Land, many are the Princes thereof. Pro. 28. 2. Was intended against Change of Government (driven at in the Speech) by the King, a [...]d both Houses of Parliament.
1. Answer) this is a most false aspertion, Mr. Chaloners words were these, First, settle the honour, safety, and freedome of the Common wealth, and then the honour, safety, and freedome of the King, so farre as the latter may stand with the former, and not otherwise, which is according to the law of the 12. Tables, Salus populi, suprema l [...]x. The learned Scotchman himselfe delivered his opinion 2. yeares since; That there is no imaginable Comparison betwix: one man with all his accidents of Prerogative and absolutenesse, and three nationall Churches, and Kingdomes: B [...]tter a King weepe for a Childish trifle of a prerogative, than Popery be erected; and three Kingdomes be destroyed. LEX. REX. Quest. 25.
[Page] 2. The Rejoynder saith, that it is dangerous to have many voyd places in Parliament, and so a frequent succession of many new Members, or to have the chiefe Officers civill and millitary put in many new hands, if the persons intrusted be not extraordinary well qualified.
2. Answer, This is pleaded directly in the behalfe of those Delinquents that have deserted their trust; for none else are outed the Parliament, (except those that dyed) and in their places new ones are chosen. And for Officers, the Parliament choose none (neither civill or millitary) but such as they conceive are well qualified; Are such aspersions as these for vindication of the Parliaments Honour?
3. He saith that there is nothing in the Covenant, that obligeth him to mentaine the Law of the Land, as well as the person of the King.
3. Answer. I conceive that the Rejoynder hath not taken the Covenant, but let those that have taken the Covenant, reade it; & see what they have sworne.
The King cannot but be subject to the Coactive power of fundamentall Lawes: This is a fundamentall Law, that the free estates lay upon the King, that all the power that they give to the King, as King, is for the good and safety of the people; and so what he doth to the hurt of his subjects he doth it not as King, Qui habet potestatem constituendi, etiam & jus adimendi, l. nemo 37. l. 21. de reg jure. Is this paper then of his, to maintaine the Lawes of the Land?
4. Some things the Rejoynder refusing to dispute, I shall wave, and come to the next thing he layes hold on, where I finde him traducing the Parliament, as if any man may as well tell any notoriou, lie, if he do it to assert the votes of Parliament; As Mr. Chaloner; or any other Member may deliver their opinions ( upon the Ʋotes) in the House. (And is this for the Honour of the Parliament?
5. He saith that the Speech without doores (as he calles Mr. Chaloners) houlds forth that the Kingdoms are contending, who shall not have the Kings Person.
And that this inferreth by consequence that the Parliament either did not wisely, or not uprightly i [...] voting that the Person of the King is to be disposed of as both Hou [...]es shall think fit.
5. Answer, When the Parliament heard that the King was come to the Scots Army in England; they voted their disposall of him, to prevent that harme which might befall His Maj. in the Army. But afterwards this personall being of the King with the Scots begets a nationall dispute of his disposall betweene the Kingdomes. The Scots claiming a right of Coacting with the Parliament therein; yet declaring their opinions that his going into Scotland is not the safest; Mr. Chaloner (in his Speech) [Page] puts the House in minde of so much of their resolution, as conceiving it usefull to take notice of; that seeing they approve best of his being in England; who shall take care for the good of the Kingdome, and the safety of his person therein, but the Parliament of England, in whom the power is of treating and concluding for the good and safty of the Kingdome, though the King be with their Army in England, and propound otherwise; when Maccolumbut the 92. King of Scotland, would have admitted a treaty to the hurt of that Kingdome, the Estates of Scotland said, non jus esse Regi, nisi omnibus ordinibus consentientibus. And Robert the 100. in a Parliament held at Scoone, was told by the Estates of Scotland, when he would have made a treaty, that he could not judices facere nisi ex sententia conventus publici.
6. The Rejoynder Recanteth for reporting somwhat spoken by Mr. Chaloner, in the House, but not printed: confessing it was onely a simple narration. And was not this bravely done of him to asperse the Parliament, and traduce their proceedings?
7. He will not be convinced how it can be, that a King of one Kingdome can be a subject in another, except he cease being a King.
7. Answer, The King of Denmarke, (being in league with England,) comes into England, His Office, Scepter, Sword, and all his whole power remaines still in Denmarke, though his Person be here, he is King of Denmarke, but a Subject of England; but this poynt hath been sufficiently cleared already to those that are reasonable men. And for the power of the King in Abstracte, and the man in Concreto, Lex, Rex; is large upon it, in his 29. Question.
8. The next thing the Rejoynder falles upon, is about Commissioners of Parliament sent to another State; who he saith are exempt from the Lawes, and Iurisdiction of that State where they are Commissioners, and all his reason is, that he will acknowledge them neither Princes, nor private men.
8. Answer. All the world may see, that this is meere Sophistrie, and that he useth these querkes, and insinuations to traduce the people. Have Commissioners no rule to be ordered by in another State? then they are Princes absolute: have they a Rule? then they are not exempt from that Rule. Is not this a wise Statesman to write in vindication of the Parliament?
9. He still denyes that Prince Charles is at the sole dispose of the State of France, and affirmeth that it is like Treason to say that the Parliament cannot by their lawfull Authority recall him.
9. Answer, The Rejoynder might tell us how, and by what Law, the Parliament can controule the State of France in demanding the [Page] Prince. The Parliament is very sensible of the ill consequence of his being there, and would fain have him in England again. And shall this Gentleman accuse the Parliament that they have a power to recall him and do not, (and yet pretend to write in the vindication of the honour of the Parliament,) I appeale to all Lawyers and Statesmen to judge, if this be not false and scandalous.
As for the instances of that King in England, as also of Embassadors, (because he waves it, as being somthing convinced;) I shall not reply to those things. For that of Livius, concerning the Embassadors of King Tarquinus, and so of actions of States de facto, no wise man will stumble at it, that hath his eyes fixed on what is de jure: for so the case is argued.
10. From Mr. Chalenors words of the Lawyers in England, concerning King John, if they should have yeelded to the French, they knew well enough what would become of the King of England. The Rejoynder argues, that in like manner if the Parliament of England should justly dispose of our King, they should in so doing dispose of the King of Scotland.
Ans. Had King John been personally in Normandy, the King of France would not (probably) have sent into England about it. But hee was freed from that power by his personall being in England. The person of the king of England is in England. Is this for the honour of the Parliament, to give them no more relation to their Kings person in England, then a King of France hath?
11. He moves for some overtures; as the King to come to London, the Scots to goe home, and the Parliaments Army to bee disbanded, or sent into Ireland.
11. Answer. The Parliament out of their great desire to have the king to come and remain with them, sent to his Majesty propositions from both Kingdomes, and agreed for their pay and marching home. But for the disbanding of the Parliaments Army, that must be left to the wisdome of the Parliament. For so the Law, say wise men and the Law. Argu. l. Aliud 160. Sect. 1. De Jur. Reg. l22. Mortuo de fidei. l. 11. 14. Ad mum. l. 3. 1. 4. Sigonius de Rep. Judaeorum, l. 6. c. 7. Cornelius Bertramo, c. 12. Junius Brutus, Vindic. contra Tyran, Sect. 2. Author libelli de Iure Magistrat. in Subd. q. 6. Althus Politic. c. 18. Calvin. Instit. l. 4. c. 20. Paraeus Comment. in Rom. Peter Martyr, in lib. Iudic, c. 3. Ioan. Marianus de Reg. l. 1. c. 7. Hottoman de Iure Antiq. Regni Gallici. l. c. 12. Buchanan de Iure Regni apud Scotos. Rex. Lex. quaest. 21.
12. And for that Argument which he would have disputed, Whether the Scots are bound to maintain the Kings person if the Parlement should wrong his person, I conceive it needlesse to argue it, there being no feare of any such danger.
[Page] 12. Answer. But do such Positions tend to the vindication of the Parliment; If this Rejoynder be not an Incendiary, I know none. Yet give me leave in this to vindicate our brethren, who have declared as followeth.
Declared by the Generall Assembly of Scotland
Capitulations, and Protections, howsoever accoun [...]ed of by those who walk after the wisdom of the flesh, are destructive to our Covenant, almost in all the Heads, and Articles thereof: They tend unto the corrupting of Religion in this Land, and obstructing the Worke of Reformation in England, unto the countenancing, and strengthening of the Popish and Prelaticall party, unto the subversion of the due Rights and Priviledges of the parliaments, and diminishing of his Majesties just greatnesse, and authority, unto the withdrawing of Incendiaries, and Malignants from condigne punishment, unto the overthrow of the Union betwixt the Kingdomes, unto the deserting of our Brethren, folloing of divisive motions, and denying to hazard or susser the losse either of lives, or estates in the defence of the Cause, and them that adhere there unto. We see not any strength of reason in that seeming necessity, unto which many pretend themselves to have been redacted: If men could not have retired from the fury and violence of the Enemy, or had not some probable way of resistance and defence against the same, they should have taken it as an evidence of the will of God, calling them to suffer, and give a testimony unto his Truth. Our Covenant doth no lesse oblige us to suffering, then to doing; and it is the ignorance or ineff [...]ctual consideration of our duty that makes us thus to wipe our mouths, as if we had done nothing worthy of rebuke: N [...]ither yet doth it excuse, that some were not active to obtain Pro [...]ections, the receving of them was to prostitute the chastity of that affection which we owe unto the Cause of God, and could be no better then a bribe that blinds the eyes of the wife, and hinders from doing judgment unto the afflicted.
The deep apprehension of their souls danger, moves us seriously, and in the bowels of Jesus Christ, to intreat all Temporizers, and Back-sliders to remember whence they are fallen, and to repent: Let it not be a light thing unto such, that they have despised the Oath of God, undervalued the pretious Truth of the Gospel, and drawn upon themselves the guilt of their Brethrens blood, by forsaking them in their just defence. If the due sense of their sin shall bring them to lament after the Lord, they may hope to finde him gracious, and mercifull, to forgive their iniquity, and heal their back-slidings: But if they shall harden [Page] themselves, and continue in their provocation; they have cause of fear, that the Lord of Hosts shall avenge the quarrell of his Covenant upon them who have sworn falsely by his Name.
Yet is it not that those alone have cause to mourn; All the Land have done foolishly, and provoked the holy One of Israel unto wrath: The Lord hath been glori [...]us in the midst of us; but who hath regarded his work or considered the opera [...]ion of his hands? Though he hath been liberall in the offer of his love, yet few have beleeved the Gospel, and studied to walk worthy of the same: Jesus Christ hath neither been known nor honoured; who hath valued him in the excellency of his Person, or employed him in the vertue of his Offices? Holy duties have been neglected, piety, and godlinesse reproached: Is there not cause to lament for the Atheisme, ignorance of God, blaspheming of his Name, swearing by them that are no gods, intemperancy, uncleannesse, deceit and oppression that prevailes too too apparently amongst many? And should not our eyes run down with tears, because of jealousies, self-seeking, and obstructing of Justice amongst our Judges? because of rioting, and excesse, spoiling and oppressing amongst our Souldiers? because of negligence, and prophanity amongst Ministers? because of murmurings, and grudgings, deep security, carnall confidence, neutrality, and luke warmnesse almost amongst all? The Covenant which hath been attended by a stately worke of more then ordinary providence, and sealed with many rich, and pre [...]ious blessings from Heaven, is by many undervalued, and set at naught; nay, by some blasphemed, as an accursed, and unholy thing. Because of those things, thousands have fallen by the Sword, and ten thousands by the Pestilence: our high-wayes are desolate, and our Cities left without Inhabitants, the like hath not bin heard in our dayes, nor in the dayes of our Fathers: And yet the wrath of the Lord is not turned away, but his hand is stretched out still. Oh that men were wise to hear the voice of the rod, and who hath appointed it: Shall we continue to tempt the most High, and strive with our Maker, untill he make an end of us? Let us confesse our iniquity, and be humbled for our sin; let us sowe to our selves in righteousnesse, and reap in mercy; let us break up our fallow ground, for it is time to seek the Lord, untill he come and rain righteousnesse upon us.
We cannot but from the sense of those judgements that lies heavy upon the Land, and from that wrath that still threatens us, warn every man to repent, and set on to duty. Let Rulers and Judges do judgement, and execute Justice without respect of persons: Let Officers and Souldiers live soberly, do violence to no man, and more minde the cause of God [Page] then their own advantage: Let Pastors feed the flock of Christ in love, bee zealous in advancing the work of reformation, and purging of the House of God: And let every one in his station, mind those things whereunto the Lord hath called him. Though we be afflicted and sore broken, yet if we return unto the Lord, he will have mercy on us, and heale us: Hath he not already begun to raise us up?
It is a mercy worthy to be had in everlasting remembrance, that in the day of the power and pride of our cruell and insolent enemies, the Lord should shew himselfe glorious and mighty, to give victory and salvation to his people, when our hopes were neer gone. We were in a low condition, not only at the weakest, but even at the worst, under the guilt of many provocations, repining against the Lord, and hasting to the paths of the destroyer: Yet the preserver of men had regard unto us, to keep us from destruction, and to ease and avenge us of many of our adversaries, whose carcasses he made as dung on the earth in the day of his fury & indignation. If after so great a mercy, any should be found amongst us to turn away from the Lord, and again to submit unto, or comply with the enemies of his truth, they could not but sin against their own souls, and provoke the eyes of his glory untill there were no remedy. We beseech all the Lords people throughout the land, nay we charge them before God; and the Lord Jesus Christ who shall judge the quick and the dead, to hold fast the truth in love, to have regard to the glory of the Son of God, the excellency of the Gospel, the sacred and inviolable bond of the Covenant, the beauty of the work of Reformation, and the worth of a good conscience above all earthly losses and advantages; and from the due sense and apprehension of those things, to arm themselves with strong resolutions against all the degrees of back-sliding, or complying with the enemy.: That they bee no mo [...]e as Reeds shaken with the wind; but they may give a proofe of their faith, patience, and courage, in the midst of all the difficulties and straits which they shall meet with. Every one who knowes the Lord, will cleave to their duty, and wait for his salvation: He is faithfull, and will not suffer us to be tēpted above that we are able, but wil with the temptation also make a way to escape, that we may be able to bear it. The rod of the wicked shal not rest too long upon the lot of the righteous. But when the Lord hath performed his whole work upon mount Zion, and upon Ierusalem; he will punish the fruit of the stout heart of the proud enemy, and bring down the glory of his high looks. Then shall all the haters of Zion be astonished and confounded, but the Lords people shall be glad and rejoyce in his salvation.