TRuth is the Daughter of Time, not but that Truth was before Time, [for it is of an Eternall 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 doe ecclipse Truthes discovery, and till those are blowne over [though that truth bee up, yet] it is not seene. The truth of A Peoples 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 Ingraven with great Characters; so [Page 2]he that ra [...]ne might read this, that as A people [...] unto Kings, when not. See it was in their power, for to nullifie that being, when it proved nought. 'Tis true, Government is of a divine Originall, but the disposall thereof is humane. God made Power, but People made Princes.

Kings, in regard of Power, they are of God, [and by him they reigne] 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 priviledge Gover­nours to rule without controule.

Lex indeed is from heaven, but Rex is mundane. As Kings were after, so they are under Law. The Septer 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 Priviledge, so it will be their prudence (both pious, and politique) 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 pent up, in a Monarchtick Cabbin) the best way to rarifie it, is to give it the larger roome of an Ari­stocratick counsell.

These beames shined bright enough, and were seen clearely in former Ages; untill the pride of Princes, made them desire, and the flattery of Parasites made them beleeve, they were re­sponsible to none, but God: they saw clearely, 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 inferiour Officer, was wont to say As long as I doe Justice, man­nage this for me, but when I cease to do Justice, use it against me.

Tyranny invaded all Governments together. The Popes infal­libility, and the unquestionablenesse of Kings, are both of them Monsters of the same Litter. And as the Pope was cryed up to be the sole Head of the Church, and if he carried Millions to hell (said the Jesuits) none may controule him: so Princes were Proclaimed sole Soveraignes of States, and that their will were all [Page 3]the Law by which they ruled [said their Flatterers] none might say unto them; what dost thou.

I cannot tell, what fatall Conjunction hath been, between the two visible Heads (as they were commonly called and accounted) of the State Ecclesiastique, and Pollitique. But surely, their corruption hath so been alike, as that I am apt to beleeve (if they were not twinnes, borne at once, yet) they are Bretheren of Iniquitie, bredd, and brought forth from the same Wombe of Wickednesse and Pride. If as the Corruption of both did Coutemporize in the birth, it joyne in its Death; I shall not wonder, They that said, No Bishop, no King; spake truth, though unawares. And the downefall of Papall 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; Onely, some are so impudent, as to say, that it is not day when the Sunne it self doth shine: we have a saying, who so blind, as he that will not see? Surely, wilfulnes is the greatest blindnes.

'Tis a Divine truth, men are not onely Ignorant, because they cannot, but because they will not know the truth.

The Schoole-men 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 wilfulnesse, then any thing else.

Yet I shall not deny, but that unto some weake 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 shouldiers above mine, that such can stumble, at those Strawes, you must pardon me, if I doe not be­leeve.

At your entreaty I shall once more trifle away an houre, to satisfy you in the things you mention; and I hope you [Page 4]will pardon me if I be plaine, and I shall rejoyce my [...] may have power to resolve any, that really scruple [...] receive, or give satisfaction is a beseeming imployment.

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 dye 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 Traytor, whom we sweare 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 speake words, then dilate in sentences.

First, the Covenant which was made [and you mention] was not an absolute, but a conditionall 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 mercifull unto him.

Had we sworn hand over head [as we use to say] to preserve the Kings Person Perfas & nefas, in all cases whatsoever; this had been a Covenant altogether of Free-grace 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 weake as to make rashly; were it not my wisdom to receede repentingly from such a Covenant? [Page 5]Doubtlesse the civill obligation of a people unto Princes, doth not amount higher, [if so high] as the naturall tye of children unto parents.

Secondly, the condition of the Covenant is cleare; for it is expressy provided, that the Kings person should be within the pale of the (Rights and Priviledges 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 Priviledges; 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 Kings life could have been preserved: he might have lived untill now (for ought I know;) But sith, 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 Royall Favourite informe you; To prepare; And let his Com­missions unto Lish Papists for their Rebellion inable you to passe a censure. And for the Priviledges of Parliament, and Liberty of the People: how inconsistent their preservation, and his Person, were together, is needlesse to say, much more needlesse to argue.

Thirdly, neither was the Covenant (be it such as you im­magine) eternall: the Contents thereof were not for an ever­lasting Almanack, (or if it were, we might in our old Latine 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 tearmes of a just peace.

And (as farre as I can judge) that part which concerneth the Kings 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 intreated unto) accepted of the Covenant, it had been binding.

Though one party stretch forth his hand, yet if the other [Page 6]do not strike, it is rather a Covenant intended then made; but the Kings first, and continued refusall, are, and were our re­lease.

Nay, had he at all taken it (and by his taking of it, layd 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 nullifie and violate it; and surely the violation of any Covenant [so farre as it is conditionall] by one party, leaveth the other nnocent, in case he observed it not.

When my Wife turneth adultresse, 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 deminish His Majesties just power and greatnesse.

Now clear it is, that it is not the just power, nor the just greatnesse, of any King that ever was, to be free from the Power and Authority of Justice, and Majesty it self: such a losing of a King, Buckanan rather accounted, the losing of a Monster, then the losing of a man.

I may rather promise to maintain and preserve that which is the just power, and the just greatnesse 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 unlawfull claime of great Tyranny; to plead an exemption from legall Tryall, for illegall facts: such an ex­emption, were not a just greatnesse, but a great injustice.

By this you may therefore guesse, that all those scruples, pretendedly built upon the Covenant, have more of shew, then of strength: And such as in this pretend Religion, do indeed affront reason.

The Covenant may, and doth remain inviolable, notwithstanding the Triall of Charles Stuart: And humbly confident I am, in the great day of Accompt, it will never be charged upon either Authors, or Approvers of the late Execution, that they were Covenant-Brea­kers with the great God. I confesse, I dare not entertain such disho­nourable thoughts; either of the Composers or Imposers of that Co­venant, that it was their aime, thereby so to insnare both themselves and others, as that the receiving thereof should bind them (in all cases) up to such a prosecution of the Kings person, as that the Law, Religion, Priviledges, and Liberties should all rather sink and perish, then he should suffer Justice. What a meer mockery had been of the Almighty? to enter into a Covenant, the maine and sole end of which, was Reformation; And yet not to Covenant for, but rather to Covenant against the Honourable, just, and necessary tryall of exorbitant and Tyrannous Princes, and Governours (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 peece 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 then a holy, righteous, honourable, and lasting Reformation, and setling of all things amongst us, Ecclesiaticall and Politicall; and this to be endeavoured after by all (joyntly and severally) in so vigorous and resolved a man­ner, as that whatsoever formes or persons in the one, or other, should be found prejudiciall thereunto; or inconsistent herewith, should be laid aside: And also, that all such as were, or should ap­peare to be enemies unto this, should be brought unto condigne punishment; This I say, I am perswaded 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 Logge out of the way, is a deviation from that Journey, the Ar­rivall unto the end of which, the logge did hinder. Thus may the Captaine of the Scruplous party be taken and conquered: And now [Page 8]incold thoughts tell me, hath this Captain any more then the bare Covenant? Is not the scruple built upon it, as the House upon the sands: or is it any better then a specious Sophisme, 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 remembring; 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 Criminall Offender (guilty of death.) And let it be supposed (say you) the Covenant had not a binding power upon us, to hinder proceedings 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 briefe (referring you unto the Speeches both of the President, and the Solicitor of that Court, for ampler satisfaction) therefore onely thus.

First, If Charles Stuart held his Crown by Conquest of Armes (as by his Plea of succession from the Conqueror he did pretend; and as some of his friends (though the peoples 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 Warre. Its true, that he surrendred himself (a faire 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 Englands Sword.) An Army of Switzers, 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 Englands 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 tryed; But,

Secondly, It was, and is the power of a Parliament, to erect such a Court, as in this case they did. A lawfull Court by a lawfull power authorized, and by law proceeding, may try any Prince in the world: [Page 9]Therefore the power by which, and the way in which, the King was tryed (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 joyned 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 Soveraign 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.) Obiect. 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 onely (as in my last) that that restraint was lawfull. The late Parliament in Scotland, who gave Authority to Hambleton to invade England, was not in part, but in whole forc'd from Edenburgh: 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 set­ling of this Parliament there, to be unlawfull. I told you, and I still tell you, necessity is the Law Royall. It dispenceth with all Lawes, [...] The Rabb [...]s have a saying, the mercifull 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.

Obiect, Obiection. But they which sit are not free.

Answ. Answer. Why should any presume to say so, when they do not; they are of yeres 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 doe they not now sit free? And unto this day (since more are come in;) Doe 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 passe from it, let this suffice to satisfie, that peece of the scruple, that questioneth the power whereby that honourable peece of Justice was acted.

As to the next of President; it is so poore a scruple, that a Puffe bloweth, it away. Presidents are good inc [...]rragements, but bad Rules: [Page 10]It is lawfull to act in businesses of this nature, (as in others) with­out a President. We have been beholding to former Ages, for Presi­dents 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 President unto future Ages in this; as it hath been theirs to give us in others; But,

First of all: though Presidents 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, husht at by boyes; It is too weake in any thing to say, such a thing was not spoken, therefore it was acted.

Secondly: Histories both of Forraigne, and of our own Nation, abound much with Presidents of this nature; The Jewes (who had at first the best Common wealth, and afterwards the best King­dome that ever was) are presidentall unto us in this businesse; in trying those who either were Superiours (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 Jewes, not only to call unto the Barre, but (as we say) to bring unto the Whipping post their King. Indeed, this feemed 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 Tal­mudicall writers; that if the High Priests were refractory, and con­tumatious, refusing to approve of, and to follow that which they did joyntly ageee unto, he was adjudged to dye. And by the way I would aske this question, what exemption (by vertue of any Scrip­tues) there can be shewed, that the King had from the Law more then the High Priest. Josephus tells us, that when Antipater had divided [Page 11]his Kingdom between his two Sons, See Schikard de jure Regio apud Hebra­os, Theor: 14 [...]: Ioseph. lib. 14. cap. 17. Hutius Iud. [...] In Talmud codex San­hedrin: cap: 2: Sect. 2. Si Judaerum Reges a ci­vibus puniti non sunt, hoc non magno­pere ad no­strum justi­tutū. [...] which word Cock ob­serves out of Entropius to signifie to command. and when one of them ( Herod by name) was observed to mannage all businesse in his own name, and particularly to put one Hezekiah (though a Theefe) 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 Councel; where his insolent carriage was such, as that it struck a feare into all, except one Shamea, who took him down for it, and urged Councel to con­sider it, least (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 righteousnesse should escape, and slay us. Now it is observable, that this was after the Jewish affaires begun to de­cline; and they were (in a manner) under the Roman power, even then the Synedrian Senators, durst then (as Josephus confest [...] — (i. e.) according unto the Law,) deale 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 remem­bred well enough what Buckanan saith, that if the Kings of the Jewes 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 intituled Cohen Gedol: I find an explication of that passage in the Talmud: And there it is said by the Rabby Jo­seph, that that Tradition of the Kings, being neither a Judge, nor ad­judged, is understood of none, but of the Kings of Izrael, 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 Izrael: he giveth this reason, because of that which happened in the case of a Servant of King Janneas. Now the tradition of that businesse is there recorded thus; King Janneas his Servant had com­mitted murther; 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 tryed: 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 [Page 12]onely, that thou standest up before us; but before him who made the World.

Vpon 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 immediatly they were struck unto the ground dead; Whereupon (saith the Gemera) passed this Decree, that the King was neither judged nor did judge. &c. Another also of the Iewish writings, witnesse that that Tradition, was only concerning the Kings of Israel, and that the Kings of Davids house, they did both judge, and were judged. Halach. Melach cap. 9. Sect. 3. And another writing of the Jewes, saith that, the Kings who came of Davids loines, were both judged, and did judge, and that it was lawfull to deale with them; But the wise men did make that Tradition concerning the Samaritan Kings, because their hearts were proud. &c.

Out of this Talmudicall Tradition, I observe thus much,

First, That the Kings of Iudah (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 alwaies 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 Yoake of God himself.

Thirdly, that if the Kings of Judah actually were, and the Kings of Israel rightfully ought to be brought unto Tryall, then the calling of Kings to accompt, and proceedings against, according unto desert; Js not a businesse of so new, and strange a nature; as sonie would make the world beleeve to be. And truly, till I find a Scripture forbiding it (I shall not dare to sensure the questioning of Kings, as sinfull; for as much as sinning is the transgression of the Law (and where no Law is, there no transgression can be.) Bartolus spake no more, (nor indeed lesse) then right reason, and an impartiall judgment will sug­gest when he said, that, a King might commit treason, and be a tray­tor, and Rebell 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 confesse, that Shickard seems to questi­on, whether the Jewes ever did put their Princes to death? He saith, they did not with every kind of punishment, nor (as he thinketh) with Capitall punishment, punnish 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 Iewes 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 happynesse, 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 somtimes 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 sence; 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 unlawfull, neither is the word so to be understood; for we know he was annoiuted by God unto that worke, 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 lawfull and im­mitable.

First, because the Holy-ghost records it, without mentioning any thing that might blemish it; It is not noted there as in other con­spiracies, [Page 14]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 publicke 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 sheweth it was done publickly, so as he knew of it, whereupon he fled for it, they send after him, and when he was slaine he was openly brought back upon horses, which doth shew 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 passe, that Shickard ( who professedly seemeth, to enouire after the Jewish peoples 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 practise; for besides pecuniary mulckes and whippings, the Jewes had not for divers years, Mainord. in Hilch. San­hedrin cap. 11. any other puuishment among them, for any crime whatsoever. It is observed of the Criminalia Judicia, that they ceased among the Jewes, some yeares before the destruction of the second Temple; and so much is observed out of the Jerusa­lem and Babylouish Talmud. Hence it was, that the Jewes 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 lawfull 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 shew him, that the Jewes did [Page 15]put any of their Kings to death, because that the Jewes for many yeares (even for some yeares before Christs death) had not that Power, in any case whatsoever.

Thus far (and a little further then I thought) have I waded in this businesse of President, and to wind up all: you see how your scruples drawn, both from the Covenant, from pretended want of Authority in the Councell, and also of want of President may be re­solved; What you adde besides these, are inconsiderable, that I shall passe them by; only, a word unto your fear about the conse­quence of this busines.

Ob. You will say, Prudence in private persons doth (much more) Poli­cy in publicke States should fore-see the worst, and so order things, as that the successe, 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 Warre should arise; yet here will be our comfort and our advantage, that our enemies are such as oppose not only us, but Justice it self, and so Justice will be ingaged to preserve, not so much our persons, as his own actions.

Secondly, Why should we so much dis-trust that sweet, and powerfull 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 signall victories (in great battels) over that man of blouud (when a live, and in the field) and who hath also helped us, to suppresse so many & such unparallel'd insurrections of his mutinous friends (of late) who (I say) should wee not hope, the same providence will be as propitious unto us, in an other warre, and in other tumults as formerly.

Thirdly, Confident I am, that if Ireland and Scotland joyne 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 dye; but live to shew forth all the works of God: who hath deli­vered us, who doth, and who yet will deliver us; What Nation ever perished in the Worke of righteousnesse, and in the pursuing [Page 16]thereof. Suffer for a little, and shake a while (peradventure) we may; but surely those sufferings will be turned unto joy, and those shakings unto setling; Yet (my friend) let me tell you, England was never in better posture to secure it self, and Scotland never worse, to invade us: but I am above the arme of flesh, I have learnt 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 Priviledge of just and righteous people, that no weapon formed 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 affirme, but that time will discover it, as good a way for the Publique, as possibly the wisdome of man can devise. It is true, if men be mad, it will be chargeable to settle it, but if setled, 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 intrusted with it as their Trustees: and accordingly let it surely be provided, that such Trustees be questio­ned for betraying or ill managing their trust, and in Order here­unto let a Councell of State mannage all affaires in the Intervall of Parliament; and yet, let those also be questionable for ill manage­ment in time of Parliament; I say, let this be once setled, and the Lawes of this Nation reduced: I shall have reason to beleeve, that England will quickly be a happier Common-wealth then it hath been a Kingdome.

There be three things, which for fourescore Yeares I looked upon, as indubitable Aphorismes of State, which ascented unto, and pursued, would soone end our Murmurings, and render us a Happy People.

First, That The Supreame Power of all Law whatsoever, is in the whole body of the People defused (as the soule through the whole body aturall) not confined unto any particular: It was therefore both well and rationally resolved by Mr. Mead, That the Scepter did no waies depart from Judah, nor the Law-giver from between [Page 17]his feet (though without a King of Davids race, when the Shi­loh came:) therefore it was in the People.

It is a Conceit not fit to be quartered in the braine of man: that Kings make Scepters: The truth is, that Scepters doe declare Kings; yet so as that Scepters may be where Kings are not: Scep­ters may be, and Power of all Lawes, and Authority, They are as the Spirit of life, running through the whole body of a Nation; which albeit it put forth it selfe in some Members, more eminent­ly then another; yet it is not because it is in those Members so O­riginally but onely 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 Generall 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 midest of the Synedrion, Cuneus in Repub. Jud. lib. 1. cap. 9. there was hung a Scepter, which (saith my Author) was an Ensigne of that Majestie 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 Romane Common-Wealth it self did act then when this Law was given unto their confe­derate, that they should preserve without fraud, the Majestie of the Ro­mane 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 it self may be recalled. Ʋlpian doth therefore well note that it is a Crime against Maiesty, which is against the people of Rome; or against it's security.

Seneca, (my friend) said well, when he said, that Common-wealths were not made for Kings, but Kings for Common-wealths: who is there so little read in Hystory, 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 Townes, and afterwards it extended it selfe further; And who is there so Irrationall (that I say not Irreli­gious) as to immagine, 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 controule: Surely did not selfe-love, [Page 18]Private Jnterrest and the rest of that unworthy Gang, blind our un­derstandings, we should quickly see, and understand; that were Prin­ces as usefull in their places, as possible they might be; yet if once they turned to be uselesse, and hurtfull, they may be laid aside, I could never yet thinke a king, more (if so much) unto a body Politique then a right Eye or hand unto the body naturall; yet, you doe know who said, if a right eye, or a right hand offend thee, pluck it out and cast it off. I am apt to thinke you will deale with this as you did with the former, and expose it unto publique 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 neere them, and had the advantage of their eare, 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 selfe Interest, [the fatall Rock of all Statists] if you drive that, it will destroy you: you are but men, (and so may erre) you should be Christians (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 Wisdome 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 sinne in you, if you doe gaine while the Nation loseth: Take heed of driving at the making of your selves a perpetuall Parliament for your own profit, Hasten to confute the slander that is frequently cast upon you; (by doing what in you lyeth) 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 worme might have power, I would not beseech, but Conjure you, by the great name of Iustice and Equity, that you so cleanse and open the Fountaine of Iustice (I meane the Law) that so righteousnesse that may run downe amongst us as a mighty streame: deliver this Nation from its Normand bondage of slavery: let us have our Lawes in our owne language: your fathers did well, when they gave us our Divine service in our Mother tongue; thereby they delivered us from worshiping of an unknown God. Doe you give us our Law in our own tongue also, that we may know when we offend, and how to Obey. Blinde obedience is as well dangerous in Civils as Spiritualls, Cynthius au­rem vel et. but Cynthius pulleth me by the Ear: [Page 19]therefore I leave yours only (because of my Profession) let mee whisper out this also, eye the Lord Iesus in all your actings, advance his Kingdome (as much as in you lyeth) and beleeve it, the advance­ment of his Kingdome, will be the best security unto our Common-wealth, Remember the Scepter of his Kingdom, (I meane the Word) take heed while you doe a good worke of easing of the People of Tythes, 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 doe as much hurt to the soules as you can do good to the bodyes of us; but you are wise, Verbum sa­pienti. and this word shall suffice to have been spoken unto you.

Secondly, Vnto 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 worke, 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 Iu­stice, that you do not suffer from God as Murtherers; 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 vaine glorious desire to be counted bold, Gallant, and or from any particular spleen, or Malice, or ayming at any private or any sinister end. That act which is Just in it selfe, may be uniust in its end, but I hope better things of you and such as accompany righteousnesse and Integrity, (though I thus speak) onely remember to examine your hearts: Indeavour that way to cleare your selves i And then let me tell, you need not snffer any feare to possesse you, for what may be­fall you for doing of Iustice, It will be your honor, to dye as Mar­tyrs, for sentencing of a Murtherer; If so be the same spirit be a­mongst you all, which I have cause to hope is in some of you, I shal say no more then this unto you; feare not man who can kill the body, but after that can doe 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 eares 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 voyce of a mighty Trumpet, I would take that for my text, to preach upon un­to you; Oh mortall men how long will you delight in vanity and follow [Page 20]after lyes; What a mad thing is't to opose that God, who hath a­gaine, and againe appeared against you: some of you have rid, a sil­ly people, as Balaam did his Asse, and your Asses under you (I mean the people seduced by you) have seen the Angell of the Lord in the way with a drawn sword; Therefore they have been feigne once, and againe to turne aside: be not so cruell to smite them, or to cause them to be smitten by riding on againe, Kent and Essex have been smitten for your sakes: be so good unto them and to your selves, as to cease to make any more Insurrections, least that God who hath appeared against you, and destroyed your King, destroy you also, If I say, I honour some of you, I doe not Complement: and if I professe I love you as a Christian to your good, my Consience hereto beareth me witnesse that Hye not; Oh, Commune with your hearts upon your beds and be still; consider what you have done, and how you have spead, and do no more. But if you will go on notwithstanding all this, my soule shall mourne in secret for you, and I shall pray Christ that he would save your soules, when you expose your body and E­state to ruine.

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 rejoyce 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 worke, when invited: Let me be friendly unto you, and beseech you to search your heart, and to see if some roote of bitternesse (some particular interest of your own) doe not make you to speak evill of that which is good: Oh, why should you begin to smile upon those that hate you with their hears. And why should you think of joyning hand in hand with those, who first with your help would destroy us; and afterwards devoure you. Many of you are Ministers (whom I doe honor) 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 your selves. I should take it as a Courtesie, 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 [Page 21]more power here, then he had there; And why it hath been reputed so lawfull, (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 Iames 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 lawfull, 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 aske, suppose a yeare 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 lawfull: 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. Onely let me beseech, for by that deare 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 burne 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 it self 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 doubtlesse Justice and Righteousnesse What would you have? ease from Taxes? settlement of our shaking security to enjoy your proprieties? Why, you have all these present in themselvs, & 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 [...] befool'd your selves already, by hearkening unto those, that would se­duce you unto tyranny: take heed of giving eare unto any, that spe [...] to you of Levelling and Levellers [as if there were a designe to [...] all mens Estates levell, that one should have no more then another [Page 22]I dare assure you that if such a generation of fools (to say no wone) be any where, they are so inconsiderable, that what they say, doth but declare in them their own madnes, then any thing else. Or else this let me tell you, there are some, whom you have hearkened too much to already; who if they could engage you to endeavour to suppresse this Parliament and Army; they would not only Levell 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 it self 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 waite a while, you shall see England a happy Nation. Other parts of the world looke 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 our selves to scourge us; yet within a few years we shall injoy 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, then 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, travailes in paine, and groanes for this: The day of Redemption is at hand: erre long we shall see him, who wilsettle all things. Doth not the Spirit it self 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 looke for shall come. In the mean time, we know all things worke 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,