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THE GOLDEN LAW, AND EMPERIAL PRINCIPLE, OR THE Univerſal Monarch, ViZ. The Soveraignty of Salus populi (not vo­luntas nor voluptas populi) over all Powers and Potentates whatſoever; yea, over all things in this World, though never ſo ſacred, or precious, as over our Religion and Laws, Lives and Liberties, as here is cautioned; Pro­ving that God himſelf, prefers man, and complies to him in all things, when in juſt competition; Beſides many other Uſefuls, to rectify and ſo to ſatisfie the conſcience ſcruples of all ſorts about the High and Diſputable Point of this Time; as, who hath right to the Government of our three Countries, England, &c. making good alſo this Po­ſition, that Individual Rights may not Rival it, nor con­tend, but comply as doth God, rather then endanger the ſafety of Salus, &c.

Better it is, that one Man die (much more loſe his Right, if any) then the whole Nation periſh, to in-right Him.

COurteous Reader, Read, I heartily entreat thee, both the Epiſtle to the Reader and the Contents alſo, for they will I hope not only content thee, but give thee light alſo into what ſhall, as into the Book following.

LONDON, Printed by J. M. for William Lee, and are to be ſold at his Shop in Pauls-Chain, 1656.

TO HIS HIGHNES, THE Lord Protector.

May it pleaſe Your Highneſs,

SHould I either of ignorance, or as fearing to preſume (as it may be call'd) not Dedicate this to You, yet the thing it ſelf ſo relates to Your Highneſs, as that it ſelf-ly doth it, do I what I can: I hope then it will not be notion'd Preſumption, if I bear it company, and come along with it in theſe Lines, reverently to dictate for it, as Aa­ron for Moſes, alſo, as ſo poſtur'd, to wait on your Highneſs, and withal, to crave pardon, if I make bold to ſubſcribe my ſelf

Your Highneſs moſt humble Servant, S. H.

To the READER.

Courteous Reader,

IT hath been, and is at this inſtant, the great Controverſie of this Nation, who it is that hath right to the Government, &c. and of­fenſive Arms are taken up in behalf of Ch. Stuart, under pretenſe of his right thereto, which enforceth defenſive Arms to oppoſe Him, as ha­ving no ſuch right, alſo to prevent factioning for Him, to the endangering our Countries to ruine. Our Inten­tion in this following Tract, is, to clear this Point ſo fully, as that the weakeſt capacity may (if not wilfully blind) plainly ſee it; Our Hopes are, that when its ſo re­ſolved, they will then ſide with the right ſide, for Right ſake, ſo for their own, and their Countries peace and ſafe­ties ſake, and to ſave it, and themſelves, and theirs from Ruine. Courteous Reader, Read through I pray thee, before thou judgeſt; the Roman and Pagan Laws en­joyn thee to do ſo, how then do the Chriſtian Laws of Juſtice and Charity? So that, if this or that diſtaſte thee, or reſolve thee not, thou yet ſhalt I hope be plea­ſed in both, before thou haſt done, and ſo I have done, and reſt thine. And yet

Courteous Reader, I muſt make bold, for a few words more, I heartily entreat thee, of thy humanity and ci­vility to excuſe the common and trivial ſlips of Ortho­graphy and Pointing, &c. ſo if ſome Capitals ſhould want their Italica diſtinctions and ornaments, the like for Method, all which though uſeful and pleaſing, yet are immaterial to Matter, and but ceremonies to ſub­ſtance, as Roſe-leaves, and Verge-ſalt are to a ſound and wholſome diſh of meat; yet would I have accomo­dated thee with thoſe alſo, but neceſſitated interruptions checkt me. In ſhort, let thy goodneſs excuſe our fail­ings, and accept well our fair intentions and endea­vours, though they want the beauty of taking language, which hides almoſt all other defects; and yet the truth is, I aymed aimed both at Reaſon and Rhethorick; but principally the firſt, as firſt in worth and chiefdom; for let all know, that its an eaſie buſineſs to write Hiſtories, or Relations, which is but to tell Tales finely, and no­thing of ſelf abilities, except trimneſs of rendring, but thoſe that define, bound, and circumſcribe aright, had need to have the ſpirit, the ſoul, and energie of Reaſon, for nothing is ſo deep, ſo high, ſo ſoaring, and ſearching, nor ſo approaching to a God, as is god-like Reaſon. As for Rhethorick, its a fine, a nice, a beautiful vanity. But to Reaſon (ſay all ſorts what they pleaſe) all Powers Mortal, or Immortal (but the Immortal God) muſt ſtoop, and do homage to; and yet this Romiſh Harlot Rhetorick, hath by her Paintings, and Dreſſings, and her Wiles and Impoſtures, for Impoſt ſake, as for ſil­ver ſhrines, ſoveraignty and ſalary, got the ſtart or bet­ter of her, cauſe moſt men are bad and naught in points of intentions or judgements; and now adieu,

S. H.

The Contents of the Book.

  • 1. HIS Highneſs Right to the Government is made good at Sect. 43. to 53. ſo at 78. All Objections againſt Him are anſwered as they fall out.
  • 2. That neither Charls Stuart, or any of that Race, have now any Right thereto, is made apparent at Sect. 75. to 78. So Sect. 16. to 18, &c.
  • 3. What unjuſt Uſurpation is, Sect. 101. which quits his Highneſs, beſides the References for his Rights afore.
  • 4. What Arbytrarie Government is, which alſo quits his Highneſs, ſo any Governour ſo governing, though Law with our cautions be deviated or declined.
  • 5. Moſes-ſtory-ſtoryed, or ſet out: ſee at Sect. 79. which ſuits with his Highneſs caſe and condition at this time.
  • 6. The grand and puzzling queſtion, viz. who ſhall be Judge in all Diſputes, Things, Caſes, Queſtions, and Con­troverſies; reſolved at Sect. 83.
  • 7. The power and place of the Univerſal and Higheſt Publike Judge, or Magiſtrate, Sect. 102.
  • 8. Many uſeful things concerning Law, and Lawyers, and other requiſites you ſhall find here and there.
  • 9. The Soveraignty of Salus Populi, or the publike Peace and Welfare is made good by Sect. 2, to Sect. 18.
  • 10. An Anſwer to thoſe who except againſt our Armies, or Forces by Land and Sea, and Taxes thereon, ſee Sect. 72. and that they are ſlaves, and not Free-men.
  • 11. Some Uſefulls of Magna Charta, Sect. 106. to 113. ſatisfied.
  • 12. An humble Addreſment to his Highneſs, or any Go­vernour, in behalf of the People, for remedy of things amiſs, and to prevent clandeſtines, and ſo any trecherous plots to aſſaſinate, or the Inſurrections of the people; ſo all bold, impudent, uncivil, rude, and Booriſh clamours and excla­mations to incenſe the People to an endangering the Peace and ſafety of the Nation, Sect. 124.
  • 13. An anſwer to the exceptions againſt ſuch an Addreſ­ment, Sect. 125.
  • 14. An Addreſment to all Forraign States, Kings, Prin­ces, or Governours whatſoever, in behalf of their People, &c. Sect. 126.
  • 15. An Apologie to all our worthy Commanders, Cap­tains, Officers, and common Souldiers to ſatisfie them why we attribute all the brave atchievements, to his Highneſs name only, Sect. 127.
  • 16. A Caution to Lawyers, Sect. 114.
  • 17. A Paradoxical concluſion, 128.


Sect. 1.

WE are conſtrained by the ignorance and pravity of the Multitude, to Tautoligize it in repetitions, even to a wearying of our ſelves and the world with words, and yet it will not do, and therefore we muſt yet do it; So we are forced to preſent our ſelves on the Thea­ter once more in behalf of**The peo­ples ſafe­ty and welfare. Salus her Soveraignty, ſo in behalf of Salus her**The Go­vernour. Soveraign, &c.

Her Soveraignty we make good by the Arguments following. His by Sect. 43. to 53. ſo 78. to 83.

§ 2. We wil firſt begin with Scripture Arguments the better to infallible it, yet as fortified with right Reaſon alſo, in things of this nature, elſe were they for­feited, &c. We will next purſue it with right Reaſon, which wil ſelf-ly infallible it, yet not to the**Igno­rants and conceiteds ſelf-iſh; but together we dare inſcribe it with Scriptum eſt.

2For Scripture.

§ 3. Chriſt ſaith, the Sabbath was made for man, yea for Individuals, how then for the Univerſal. It was made for him chiefly in points of humanity, as in Acts and Offices of Mercy, Charity, Love, Juſtice, and juſt neceſſities; ſee Deut. 5. That thou and thine, both ſervants and beaſts may reſt, and remember that thou waſt a ſervant in Egypt, and how acceptable and welcome Reſt was, or would have been to thee, &c.

4. Thus, in juſt competition, all things comply to Humane neceſſities, and God is then beſt ſerved, in the omiſſion of Sacrifice for Mercy; ſo you cannot glorifie, honour, ſerve, love, obey, and worſhip God better, then to decline him, and incline to, or prefer Mercy before Sacrifice, that is, wave the Sabbath in its religious rites, duties, and obſervations, if they claſh with Mercy, make God then on juſt occaſions and grounds, a God of mercy, and you magnifie him moſt, for his mercy is above all his works, and doth magnificent him, but yet take heed you incroach not on mercy's good nature beyond our cautions, which if you do, Juſtice will be meet with you, for ſhee is bound not to ſee Mercy abuſed.

5. Again, its better that one man die, then all the peo­ple periſh; and now all the people muſt periſh, to in­right one unrighteous man.

6. The Man then to die, was a righteous Man, the People he was to die for, were moſt unrighteous, & yet he muſt die, that they may live. Now all the righteous people muſt die, for one unrighteous man, that he may live, to live on them, and Lord it over them.

7. The Man then to die, was a God alſo, the People he was to die for, were**By do genera­ting. Divels, and yet he muſt die, but now, &c.

39. Thus much for Scripture Arguments in behalf of Salus Soveraignty, as juſtly neceſſitated: We come next to right Reaſon, which agrees with Scriptures, ſo its the ſame in Nature, though not in Name.

10. Right Reaſon ſaith then, That Phyſick and Food are ſervants to their ends, life and health: So Kings, Princes, and Powers, are the like to the Peoples ſafety and welfare; there being no other end and uſe of them as ſuch, but ſuch, &c.

11. Moreover, we ſee that all ſorts do, and muſt one ways or other as they are able, venture their ſingle In­dividual perſons, lives, eſtates, and rights for the Pub­like, or may be juſtly enforc'd, elſe the Publike might periſh, and ſo the Individuals thereof.

12. Magna Charta, ſo Law, Priviledges, and Rights, are pleadable twixt Individuals, and juſtice is their due accordingly; but not by any one againſt the higheſt publike Governour, in oppoſition to publike neceſſi­ties, or as they claſh therewith, of which, how, and on what terms he is Judge, judge ye by Sect. 83. &c.

13. Here no Law for, or if a Law againſt, is of no value, the Principality of our Principle will not allow thereof, as you ſhall find ere we have done, and you do find afore what God hath, doth, and will do in the like caſe, in what relates to him. In ſhort, we cannot allow Law, which is but a bare name, a very nullity in this caſe, a dead thing, enlivened onely by letters and words, but moſt by opinion, to Lord it over itsthe Pub­lick. Lord, whoſe ſervant it is, and by and for whom it was made, and may (if it carry it ſelf amiſs) be chaſtiſed: Sure it was not rais'd to raze him, &c. The Par­liament Law-makers, were Law-breakers, as the Pub­like was neceſſitated.

415. I conceive by all the aforeſaids, that Salus Sove­raignty ſtands clear, and is apparent, and ſo who are true, and who are Traytors thereto; ſo that now we may venture to inſcribe it with Scriptum eſt.

We next reaſon and infer from the aforeſaids as fol­loweth, That

16. Seing God and his Laws, ſo Religion, Reaſon, the Sabbath, and Sacrifice, likewiſe Individual rights, yea the very lives, honours, and eſtates of good, honeſt, juſt and innocent men, have, do, and muſt on juſt ne­ceſſities, loſe and decline all ſelf-rights, and comply to neceſſitated Salus. What then can nocent Charls Stuart, or his ſiders with, ſay for themſelves, who for forfeited deputative Rights, forfeit their faith, love and loy­alty to their Lord, the Publike welfare, by exigenting it to intolerable ſufferings and dangers, yea to ruine by factioning their Country into Diviſions and Parties one againſt another in an hoſtile way? Do they not by this render themſelves Traytors, as contrary to truſt, duty, and engagement, to trecherize it? Are they not Murtherers and Thievs of all ſlain, and loſt, and taken from on both ſides, as inforcers thereto? I appeal.


17. His Right to the Crown is not Natural, or ſelf­ly Hereditary, but politick, and deputative, and ſo is, as are other Laws, alterable, (though they had not forfeit­ed it) as is conducing to the welfare and ſafety of Salus, how then as forfeited alſo? On which grounds they did make it Null by an Act, and by another Act con­demned him, as ſiding with his Father &c.

18. And as there is a Law that made it Treaſon, and ſo to forfeit ſelf-rights of life, and livelyhood, as of lands and eſtate, &c. for attempting againſt the King,5 as the Publike welfare was concerned in him, and the King did, and might by Law and Reaſon exact the ſame, as ſo relating to the publike good of peace and ſafety; by the ſame Law of Reaſon, or lex talionis, as much is due upon the King, or any of his, yea more, as more engaged by truſt, oath, honours, and tribute or revenues, of and from the people for that end and purpoſe; and the King himſelf by his opinion, and ex­action of the ſame, ſaith as much, and ſo condemns himſelf and his for Delinquents, as ſo acting, and juſti­fies his executioners for their acting thereafter on ſuch. If it be ſaid, that the King traytor'd ſuch, or as it related to himſelf only, and not as to the Publike. I anſwer, It may be ſo, but it rendred him weak, or wicked and unjuſt, or both if ſo; for it was, and is in Nature and Reaſon, and intention of Laws, ſo the Law-makers, as we ſay afore, as it publikely related, &c. for what's Unus to the Univerſe, or to our higheſt principle, alſo of one ſo engaged as afore, by truſt, oath, and tribute, and ſo his end of being what he was, and having what he had?

But to abſolute this point, I will make bold to inſert a few lines juſt as they are in my Army Armed, which ſure with what's ſaid, will ſatisfie or ſilence each one.

We will ſuppoſe then as high as we can, as that Charls Stuart is innocent, and abſolutely wronged of his right, What then? yea further, ſuppoſe they were his ſelf-rights, as they are not; and not forfeited, as they are; what then? Where doth any one find it in the Law of Religion and Reaſon, that to inright one, they may hazard the ruine of millions; if the wronged could right themſelves the right way, as on the wrong­ers only, I diſpute not againſt it; but to wrong infinite6 innocents to right one nocent, or admit innocent, owhich yet they may fail, is unſpeakable madneſs, fol­ly, and injuſtice: by this why may not Clients clearly injured by their Lawyer, or their Adverſary, hoſtile it, and gather an Army of men, Eſau-like, and ſo in­force his Adverſary to do as much for his defence; ſo theſe two Murtherers muſt meet with their multitudes, and the innocent fools on both ſides muſt murther each other, under the notion of ſiding with for rights, and yet may this be much better done for known ſelf-rights, then for known forfeited deputatives, not to the ruine of a multitude only, but of a Nation, to whom they were bound by Oath, Honour, Truſt, and Tribute, and ſo owe duty and ſervice anſwerable.

How alſo can Forraign Religious Princes and States then in Honour and Honeſty anſwer it, to Murther and Thieve it, in pretending to help ſuch to their Rights; but the truth is, they help them only to be helpt in the like caſes; ſo we are like to have a mad world of it, when Religious Princes and States, as call'd, ſhall help to ſupport one another in Tyrannies, Thefts, and Mur­ders, under the Notion of Rights; but wo to thoſe that call good evil, and evil good; I marvel exceeding­ly that ſuch juſt, religious, and honourable Princes and States, do not ſend over their Armies now and then, to help each innocent individual wrong'd of his ſelf-rights by his Adverſary, or his Lawyer: for its a much fairer, goodlier, and juſter ground and pretenſe then the other, though both be naught, as teaching both ſides naughti­neſs, as to invade each others rights, under pretenſe of righteouſneſs. Thus much for our Army Armed.

19. Shew they then not great weakneſs or wicked­neſs, not to know, or not to acknowledge, things of7 ſo eaſie a comprehenſion, made good as afore, by Scri­ptures, Religion, and Reaſons, or to perpetrate ſuch trecheries and perfideous actions, contrary to all.

20. Shew they not both great Wickedneſs and Weak­neſs, to expoſe their own Honours, Lives, and Eſtates, who many of them did and might have lived happily and Prince-like, or in a ſweet, comfortable, and com­petent condition, but have now forfeited and loſt all the aforeſaids, upon ignoble, baſe, and trecherous ends, courſes, and deſigns, and ſo undone alſo their Wives and Children, and brought themſelves to end their days diſhonourably, miſerably and untimely: Is't nothing to expoſe all as afore, ſo their kindred and friends, and their native Country to the Sword, Fire, and Famine, beſides many other miſeries and ſuffer­ings, as now in its prime of plenty, beauty, and bra­very to devaſtation and ruine; as if Winter had anti­cipated it in time to ſeize on, and ſurprize the Summers Riches and Treaſure, and all her goodly ornaments and endowments, and ſo to render our Fields, Meads, and Downs, Golgotha's and Akeldama's.

21. Well, but all we have ſaid, or can ſay, will not do, for they love Charls Stuart, and hate the Lord Protector; the Firſt alſo hath Right on his ſide, the Laſt is very Unrighteous.

21. Goodly Arguments for love and hate, ſo for judging about right or wrong; however by this they are orthodox and authentick, in judgement there­fore they may love and hate any one, alſo act any thing as relates to either, &c.

22. But are not theſe trecherous colours and preten­ſes? for do they not rather trecherouſly love and hate themſelves, as their own ends, luſts, and deſires, which in concluſion will ruine them? &c.

823. What are their allowable grounds for loving Charls Stuart at all, or at ſuch a rate and degree, as to degrade themſelves, and theirs, and their native Coun­try, as afore: Will they ruine the Univerſe for Unus?

24. As for his Right, it hath in part been anſwered at § 16. and ſee in full § 75. But for the wrongs done by his Father and Himſelf to the Engliſh, they are paſt over in ſilence. Is't not an argument of impudence, or inſo­lence, or both?

25. They love not the Lord Protector, alſo he hath no right on his ſide, as they ſay; but we ſay, for his Right to the Government, ſee § 43, to 53.

26. And truly we find by their dealings, that they love Him not, yea we find that they hate him, &c. But why not love? or why at all, or thus Hate? I conceive they are to ſeek of Reaſons or cauſes for either, but admit in admittals, as that cauſe were for both, and to their degree alſo, yet where learn they to revenge at all, how then to ſuch a height, likewiſe, to the hazard of their Countries ruine, by involving it into Factions and Parties, for that end; for is not his Highneſs at this time the very hinge on which the ſafety and welfare of this State hangs, reſts, and depends?

But for all their objections and exceptions hitherto againſt him, they are I conceive, ſufficiently anſwered in our Army Armed, and Protector protected; ſo that reſervedneſs were better, and more becoming, alſo more fair and juſt, till they find the ſaid Anſwers an­ſwered, as inſufficient or unjuſt; as we have cautioned and qualified them.

27. Many good things hath he done, why are they paſt over ſo, Equity requires Retaliation, &c. for which9 of his Good Deeds then would you ſtone him; or if for any Evil, make it appear, or that it amounts to a ſtoning?Oh you his immediate Aſſaſi­nators, you Madmen, you Mur­therers, you Traytors to your Country, by indangering its ru­ine: Are you hired? ſo was Judas to murther himſelf as well as his Maſter. You fools, how think you to ſcape? The Jeſu­ites have befool you, as they did Raviliac, to be preſently conveigh­ed away by an Angel; but the Divel prevented the Angel, and Tyburn the Traytor. or if it did, its for the Innocent to caſt the firſt Stone, and not the Guilty, ſo none ſhall be caſt: But were he guilty, and that to your degree, yet who au­thoriſed you to caſt ſtones, &c. which we ſhall make appear you may not do at all; How then as Salus ſafety is concern­ed in Him: For,

28. Know Friends, that had ſuch or ſuch an one murthered my Mother, and now opportunity of war favours me ſo, as that he being plac'd juſt oppoſite to me, I could kill him, but my Father is accidentally placed juſt afore, alſo cloſe to him, ſo that I cannot ſhoot, or kill one, but I muſt kill both; what fine pre­tenſe trow will bear me out to attempt it, and ſo turn paracide to my Father, under colour of love, duty, and juſtice to my Mother, and of hate and revenge, to, and on her ruiner; ſurely, as ſo poſtured, I will not only ſpare, but protect what I can ſuch a naughty man. How then ought I to protect what I can, mine, and my Parents, and my Countries Protector, that hath oft ventured his life, and all his fortunes, to redeem and recover my well neer loſt MotherOur Country ſo each one, and theirs., and doth ſtill ſave and protect her; why then at all offend him, &c. much more ſeeing you cannot wrong him, but our Mother muſt ſuffer alſo.

29. On what grounds now take up Arms for Charls10 Stuart; as for his Right, ſo your love to him: We have already, and will further anſwer you in due place; So for your groundleſs hate to his Highneſs, or though grounded, &c. So that now your Arms taking up un­der the Notion of and for Charls Stuart, muſt needs be for your own by and baſe ends, as to ſide with him, hoping to inſinuate into him, and deceive him with ſuch and ſuch pretenſes, and ſo gain him to ſide with you, for your own ends ſake; though he alſo have his own ends alſo, as well as your ſelves; yet both of you, Si­meon and Levi-like, agree in your Levities, your wick­edneſs, &c. againſt your ſelves and yours, and ſo your Country, &c.

30. Your ends muſt be then to be righted of your wrongs, as you will call them, ſo to help you to your Fields and Vinyards again which you have loſt by your former trecheries, alſo hoping of an addition and fur­ther enlargement of them; likewiſe of advancement to places of profit, power, honour, and command, &c. to theſe, and not to Charls Stuart are ye Stewards.

31. But is not this to build Caſtles in the Ayr, as to hazard the certainties you have, and ſo go on in your Trecherizings, in hope of revenge and advancement, which are ſo remote in point of likelyhood as afore: Is not your advancements more like to be Hamon like, then that of Mordecat? Have not divers of you been already advanced and mounted to Hamons height, to your downfals? Will not Love and Loyalty to your Na­tive Country, its Peace and Safety, ſo the experience of others ſufferings by ſuch attempts, and the infinite hazards you ſelf-ly run, alſo involve your Country into, nor the loſs of what you have and ſweetly enjoy, &c. Will none of theſe I ſay warn you11 againſt your ſelves, who are only your own ene­mies, &c.

32. How can you digeſt it? How anſwer it; thus to Traytorize, Murther, and Thieve it, to bring your ends about, under pretenſe for Charls 'Stuart? and admit this alſo, how yet I ſay can you in points of wiſ­dom, reaſon, humanity, and juſtice, anſwer it? Care you not what you do, to undo all, and your ſelves alſo? There is not one Argument of wiſdom, ſenſe, reaſon; juſtice, or humanity on your ſide, in your way of pro­ceedings, pretend what you will, find one if you can; and if not, what are you in the mean while, that are in this neither wiſe, rational, true, nor honeſt, but the quite contrary to all; contrary then your ſelves in the aforeſaids; and ſo you ſhall know what you are, by what you ſhould be.

33. Should your Charls conquer, as its very unlike­ly, alſo infinitely dangerous, miſchievous, and hazar­dous to an univerſal ruine, &c. yet he conquers not: for whats that conqueſt to you, that conquers you, and yours, and your Country alſo, & makes you all abſolute ſlaves to the conqueror ſo call'd, and the conqueror a ſlave alſo to his competitors: can you promiſe to your ſelves the priviledges you now enjoy from your con­queror, who is more remote in nature and graceGood qualitiies and abi­lities: al­ſo he is a ſtranger &c., ſo alſo in power to help himſelf and you; for the Kingers of your King will be his and your King, &c. and ſhew him only to hide their own King-hoods, ſo alſo their Tyrannies to, and abuſes of the people, which his name and preſence of King muſt cover, and theſe alſo will befool you with promiſes and pretenſes, to gain you to ſecond the King, that ſo ye may ſecond, and ſo firſt them, in points of Conqueſt, and ſo of Linghood,12 and then you ſhall have plenty of Chymera's, and Ca­ſtles in the Ayr, and Aery Utopia's for your pains: thus Joab-like, with their ſmiles, they ſmite you under the fifth rib; you ſhall have Butter and Milk alſo in Lordly diſhes, &c. but not one word of the NailYours & your Coun­tries ſla­veries. that muſt pierce your Temples, and faſten you to the ground paſt riſing, &c.

Know you the end and iſſues of war, when once begun, and on foot? Doth it not uſually immortalize it in Mortalities, and make ſport of caſting Firebrands in good earneſt, as if in jeſt, like Joab and Abners gallants, that roſe up to play, but never lay down again till tum­bled down? Is not lovely, youthful, and natural green, a more ſeemly, comfortable, and acceptable colour for your grain and graſs, ſo for your Orchards, Gardens, Edens, and Paradiſes, then is the bloody, the gory, the ſavage, or ſanguine hew? Would you have Foot and Horſe, Troops and Companies, devour up, demoliſh, or trample down your goodly Corn-fields, ſo your Granaries and Graſs, and render all as diſmal as a deſerted Deſert? Muſt the Summer, and you be thus ſurpriſed, prize you all at no better rate then ſo? Would you return to Egypt again, the houſe of Bon­dage, and ſo have the Star-chamber ſtare over you as afore, and the High Commiſſion commit you ad placi­tum? Would you that Doctors Commons ſhould once more turn you to graze on the Commons? Would you that Pole-money, and Monopolies, alſo Ship-money, ſhould oppreſs you again? Think you that Taxes, Cu­ſtome, and Exciſe ſhall ceaſe? No, no, weaklings they are, as is the Militia, Flowers of the Crown; if theſe wither, whither will the Crown go? for ſo the Militia will be maſtered, for want of its MiſtreſsPecunia., &c. But13 this muſt not be; as for us, we are forc'd to have the ſaid Seſments for defence ſake, they for offence ſake, though none offend them: Would you that Prelacy and Prieſthood ſhould perk up again, and under pretenſe of Religion, Gods honour, worſhip, and ſervice, and non-conformiſt &c. be-heretick, and ſect you, and then diſſect you by perſecutions, puniſhments, and baniſh­ments, alſo hamper your licentiate liberty of Conſci­ence, as they will call them, as ſo many extravagancies from the Orthodox Faith, and their implicite foole­ries; then when too late, your prudence will ſee your improvidence, to loſe ſuch a favour, through your in­ſenſibleneſs, ingratitude, and licenciateneſs, &c. then may you (like the Brazen-head) cry out, that time was, but is not, for now its past.

35. Nor do I reaſon cunningly, on purpoſe to eſta­bliſh his Highneſs in the Government, otherwiſe then I conceive is right, alſo conduceth to the peace, welfare, and ſafety of our Nation, &c. beyond any change that can be accidentally or forcibly made; but as for what may be carefully, wiſely, and peaceably contrived for his Highneſs Honour, and his Poſterities ſafety, and our Nations, &c. ſurely will in prudence and providence be complyed to; for, the ſafety of the Nations is his, ſo each ones ſafety, &c. ſo its hazards, dangers, exigents, or ruine, are his, ſo his poſterities, ſo each ones alſo; for they are ſo interwoven, that the web will be quite loſt, if either be loſt, &c. Perſonal greatneſs may be good and neceſſary for the honour of our Na­tion, as the Preſenter of ſuch a People is ocularly con­ſpicuous, as well as in Fame and Name; for that ſuch appearances begets it: as they did in Salomon, who made uſe of both, to beget, amplifie, and continue14 his greatneſs: and as the Mayor of London muſt not only in name Lord it, alſo in power and extent of Com­mand and Government, exceed Barnets, or St Albons Governours, but alſo in ocular and ſpecious preſent­ments, elſe his Sun of glory may decline, and retro­grade it, as on the Dyal of Ahaz. With all humility I do therefore preſume, as love, duty, and loyalty binde me for his Highneſs, ſo our Countries welfare and ſafety, ſo each Individuals, that in ſeaſon, before death natu­ral, or caſual prevent, thoughts may be how to leave this our Country, now under his Highneſs charge, ſo his Poſterities, ſafe and ſecure, in its after way, manner, and kinde of Government, leſt Greatneſs alone without Safety bring us all to little or nothing; it will much conduce to his Highneſs honour, ſo to his ſafety, whilſt living, for when the adverſary ſees his hopes daſht by a future certain way of ſafe Government, he will find it bootleſs to attempt on the preſent Governour, or fu­tures, and for my part, let his Highneſs Poſterity have the name and honour of the Preſentment thereof; yet in ſuch a ſecure way, as may ſecure themſelves and us all; which ſure for their ſafety, ſo our Countries, his Highneſs will comply to, and caſt for, as for his own life time, I do think that all or moſt do conceive them­ſelves to be as well and ſafe under him, as under any other Governour whatſoever, from experience of his care and wiſdom hitherto. But Sir, you are Mortal, and withal momentary, therefore honour your Name, and your Poſterity, whilſt here, and when gone, by ſo providing for them, that ſo al ſorts may account you their Countries Saviour, next their Saviour: Sure, I am a Member of our Nation, and ſo concern'd in duty and with all humility, to exhibit my conceptions, by15 way of hints and memorandums; for its and your good Sir, as the Syrians ſervant ſaid, to his Lord and Maſter familiarly; Father, what if the Prophet had ſaid for your good ſo and ſo; how then when he only adviſeth you to waſh and be clean, return home, ſafe, ſound, and ſecure, &c. and his ſervants advice he took well, and obeyed it, and ſo was ſaved, &c. elſe &c. Did not the Lord Joab alſo hear a poor woman from the Wall, &c. by which King David's City was ſaved, ſo the Citizens, and the Lord Joab and his Army alſo? All which elſe in oppoſition might have been loſt, and deſtroyed one another. And Salomon hints alſo of a poor man that ſaved another City, but &c. Its the higheſt of honours to leave all ſafe; and they and theirs are worthy of honour and dignities that do it; but ho­nours and greatneſs without ſafety, is to ſtand on the precipe of a Precipice, as pinacled on the higheſt point of the Temple, ready for precipitation; which thou O God in heaven, and you gods on earth, I humbly pray you forbid, by timely providing for and againſt, all for, and againſt; which till it be, this whole Nation ſtands ſo placed as afore, though not minded, if your Highneſs ſhould miſcarry which God forbid; for I ſee ſuch clandeſtines and ambuſhments attend continually for your ſurpriſal, that I faint on thoughts thereof, both for you, and yours, our ſelves, and the whole Nation, &c.

36. But yet fully to clear it, that I partialize not in my plea in behalf of his Highneſs, let's ſuppoſe that Perkin Warbeck, or the Traytor Raviliac, or the Rayler Rabſhekah, or the Excepters own ſelf, had inforcedly, and ſo uſurpingly gained the Government, and govern­ed much amiſs alſo, but not deſtructively, I yet would, yea I ought to ſupport them, though not16 for their own ſakes, yet on the terms and cautions at Sect. 28. viz. as my Father, my Mother, my Countries ſafety is concerned in them, except I could evidently find a way to diſplace them without endangering our Country to murthers, ſlaughters, fire, famine, and all ſorts of devaſtations to ruine, alſo ſafely and certainly, without the aforeſaid miſeries, ſupply their places with better men, &c. elſe as good abide as we are, as run ſuch hazardous adventures, &c.

37. Why then attempt againſt the Lord Protector? whom we have or will prove no Uſurper, but to have a true and juſt Right to the Government, as alſo governs well, though not to each ones fancy or minde, nor may, nor can, &c. For God himſelf in Samuel could not do it; for no remedy, but they would diſcharge him, though they could no ways charge him, &c.

38. Would his Highneſs reſigne, and will us to fit our ſelves with Governours and Government to our minds, the whole Land would be in a confuſion; fa­ctions (like Hydra's heads) would multiply, and ſo di­vide us, we ſhould never agree, cauſe each one would have his friend, or one of his Church or Faction to rule, that ſo that party or faction might rule in and by him: Are we not in a happineſs then that the place is poſſeſſed, by which means we are kept from ruining our ſelves, to place one there; who when there, though it were God himſelf (as afore) he cannot pleaſe men of contrary minds, humors, and ends, nor the ſame man in his ſeveral humors; ſo humorous and vain a thing is man.

39. Let the Exclaimer and Excepter (by imagina­tion) place himſelf in the Government, and caſt how to come off without caſting, ſo with honour in corre­ſponding17 it wiſely with other States and Princes, and giving his own people content, let him preſent before him the continual Suits and Petitions of different Sects and parties, and that he is never free from complaints of one nature or other, nor from Viſits and Addreſ­ments to and from Forraign States and Princes, or his own people; how alſo he is never quit nor quiet from clamors and exclamations of croſt parties, that he can­not, nor in juſtice may not comply to; then likewiſe, the continual dangers that attend him from the re­vengeful, envious, and hateful, as any way croſt, or not complyed to; and how he cannot pleaſe any, though he endeavour to pleaſe all; ſo that ſurpriſals do continually haunt him, by reaſon whereof he can­not have time to come off in his thoughts and cares about the aforeſaids; and a world of things more, which much check him in his recreations and refreſh­ments, ſo in his retreats; beſides the awe and fear of trecherous ſurpriſals: Surely all things afore fully pre­ſented to him, would awe and affright him from ap­proching the Throne, and go near to cauſe him to Reproach it.

40. Take up Arms then (if Arms you will take up) even with your Enemy (as you eſteem and call him) ſeeing he ſides with, and protects your friend, yea your ſelf, and your Mother, your Country, that bare you, and brought you up, yea oppoſe with him your dear friend, your King, ſo called; for your Kings ſake, your Country, and for ſhame be no longer be-foold with pretenſes, hopes, and promiſes of Caſtles in the Ayr, and aery Utopia's; nor with ſmiles and ſalutes of how doſt my Brother? and by and by you are thrild or ſmit under the fifth rib; remember all the hazards you18 undergo at Sect. 34. ſo divers other places, and for fu­ture, compreſs and comply, and do no more ſo, and ſo recover your ſelves like men; for I will aſſure you, you now act like children, babes, and ſucklings.

41. Its our wiſeſt courſe then to comply to the pre­ſent Government, and ſo ſettle an Agreement amongſt our ſelves, to prevent diviſions; for there is no likely­hood of bettering our ſelves, had we free liberty to do it, but of ruine rather; and did Forraign Princes and States ſee us ſo ſetled, it would ſtave them off from attempting on us, and ſo ſecure us, and enable us to attempt on them, eſpecially on thoſe that have wrong­ed us, and will not right us, &c. But

42. I will now make head againſt all excepters and objectors whatſoever againſt his Highneſs as an Uſur­per, and ſo to have no right to the Government, &c. which is ſufficiently done in our Army Armed, and Pro­tector Protected, with what elſe is (for ought I know) objectable againſt him; but I will (with addition of this) fortifie it (I hope) paſt forfeiting &c.

43. Be then ingenious, upright, and fair condition­ed (my Reader) I pray thee, and do as thou wouldſt be done to; ceaſe judging, cenſuring, and condemn­ing, till thou haſt ſeen what's ſaid in his behalf; and then let not the paſſions of partiality, love or hate, ob­ſtacle ingenious, judgement, but come off like a man, &c.

Let it be remembred then, that when the Lord Fair­fax declin'd going againſt the Scot, his Highneſs being then in Ireland, whither he was ſent to curb that ſtub­born and rebellious people, which (Caeſar-like, or ra­ther like himſelf) he did in a trice, preventing veni, vidi, vici, with vici only, he was then ſent for, and19 choſen by the ſaid Parliament to undertake againſt the Scot; which he did with the like ſucceſs and ſudden­neſs, all things conſidered; his Highneſs was then alſo inveſted with the Militia or Sword, as Defender of the three Nations, which is in nature Protector, yea King, as ſo ſelf-ly ſworded, and as ſo choſen by the Parlia­ment, he was choſen and impowred (as afore) by the whole Nation, each individual therein, as in the Army Armed, and Protector Protected, is fully ſet out, and made good againſt all oppoſers and objecters, be whom they will, &c.

45. Again, his Right of Turn and place choſe him, for he was next in place to the ſaid Lord Fairfax; ſo it had been injuſtice and a diſhonour to him to have de­clin'd him, and incline to any other, without juſt cauſe of exception, as unable, or unfaithful, or ſhort of ſuf­ficientcies to undergo; but his apparent perfections, and the Parliaments continued choice employments of him, ſpake and evidenced for him as afore.

46. His own known worth of Wiſdom and Care, Fortitude and good Fortune choſe him (had the Parlia­ment not choſe him) as the hopefulleſt to preſerve, de­fend, and protect our Countries.

47. His own, ſo his Souldiers Honors and Safeties choſe him, and would have juſtified an uſurpation, and retenſion, (as call'd) til ſecured againſt after claps of diſpowering, and then of over-powering; and I con­ceive it had been Self and Publike Trechery, not to have ſo uſurped or aſſumed, alſo held the power, til he had throughly provided for his own and his Souldiers ſafety, as afore, ſo our Countries alſo what he could.

48. His Countries neceſſities choſe him, as in like­lyhood its moſt hopeful Deliverer, Defender, and Pro­tector,20 by reaſon of his known perfections of faith­fulneſs, wiſdom, fame, and fortitude; and theſe are beyond the giddy, the ignorant, the partial, and paſſi­onate, vocal, or articulate free choice of the people, as call'd: And this alone authoriſed Moſes to aſſume and hold the Government, for the Peoples ſafety &c.

49. Laſtly, As ſo choſen and impowered by al afore, God alſo choſe him; for whom, or what Wiſdom, Reaſon Juſtice, Mercy, and juſt Neceſſity choſe, and allow of, God doth, muſt, and wil approve of, who is them al, &c. ſo he is of God, and by Divine ordination, as wel as by humane; which alſo, yea therefore is alſo Divine, being as afore: So he is choſen by Divine and Humane ordination, the Governour of our three Countries, deny it who can: But for his Government, it concerns his Highneſs to look to it, for I meddle not with it, only his Right thereto; and I think I am right, &c.

50. The aforeſaids ſtanding clear and good, I ſay then, that reverence, love, and loyalty are his juſt dues, as to any King or Prince that ever was, as he is beyond them al in points of choice and deſert, as hath or ſhal appear: ſo alſo is a ſobriety in judging and cenſuring of him about things out of our reach, and out of his (oft-times) to act as he ſhould, or would; ſo many lets, and obſtacles of al ſorts Governours have, that they cannot as they ſhould, or would, &c.

51. It muſt not be forgot then that according to Sect. 44. his Highneſs is choſen and impowered with the univerſal Militia, and ſo King'd in power, accord­ing to the Law, and cuſtome of choice, as by the free Votes of the People, and I ſay ſomwhat beyond, in that way of choice, as choſen by a Parliament choſen21 by the People, who in reſpect of the rude multitude of the Country chuſers, are a company of wiſe and know­ing men, having alſo al our other Arguments, that In­dex-like, points and ſends them to him: Whereas in chuſing Parliaments or Kings, Princes, or Governours of Nations, or of any ſort, there is ſeldom knowledge of, or reſpect to perfections; but to partiality only; for the paſſions and affections of love and hate, fear and hope, friendſhip or relation to, ſo power, force, or fraud, and an hundred by and particular ends, as packt, hir'd and faction'd thereto, and not choiſeneſs, choſe, the choſen; yet this is call'd free choice, and the li­berty of the People ſo magnifi'd and cry'd up, but we muſt cry it down, for down it is in nature, though thus grac'd, I ſay then, that Licentiateneſs is not a liberty, but the only bondage; Were fitting Boundaries ſet for chooſing, to fetch in the Choice, the wiſe, worthy, and able, and keep out the worthleſs, &c. alſo to keep the ſo choſen within their ſaid bounds, that they extrava­gant not; I allow then of ſuch a Liberty, elſe not: But theſe uſeful Boundaries they would alſo cal Bind­ings, and a loſs of Liberty and Priviledges,; ſo it ap­pears, that their Freedom is only Licentiateneſs, which is the only Bondage, as afore; and our Freedom is conducing Bindings, &c. now how we ſhal agree, I know not, ſeeing we thus diſagree.

52. Things thus conſidered, ſhew me (if you can) the Man, the Parliament, King, Prince, or Power what­ſoever, ſo choſen in al particulars, &c. but I know you cannot; however, he is ſo choſen the higheſt Gover­nour (if the juſt and univerſal Sword be Supreme or higheſt) as clearly ſhews his Right, and quits him of Uſurpation, and enjoyns al ſorts to obedience, and al22 the Duties at Sect. 50. And that's enough to make good our Aſſertion, and yet the Deſertleſs would deſert him, though thus aſserted.

We have yet ſomthing alſo to ſay concerning the Lord Fairfax, which ſeems to ſuit with this point: Know then, that when the ſaid Lord Fairfax had the univerſal Militia or Power in his Power, and that the Parliament and City bandyed againſt him and the Ar­my, to disband them, and in concluſion riſe in Arms to enforce it; he held his Power, for his own and his Souldiers Honours and Safety, ſo for his Countries; and finding himſelf in plight to put them to it, did ſo, and to make ſhort, came in like a Conquerour, yet as conquered, with Modeſty and Mildneſs; for what Lex talionis would have allowed him to do to ſuch as would have undone him, and alſo endangered the Nation to ruinous Diviſion, let Juſtice her ſelf judge; conſider­ing that both He and the Army had been moſt faithful and valiant in behalf of them and our Country. But I take it that it was only theThe Pulpits In­cendiary I take it, makes this good. Presbyterial party of the Parliament, ſo of the Clergy and City, that incenſed the people againſt him, not for the common good ſake, but their own ends only, as that the Presbyterie might Prelate it under the Notion of Prieſts, and ſo cruſh all other Sects in Religion (as call'd) but them­ſelves,The name of Presbyterie is not of­fenſive to me, but their natures of Pride and Pretences, which pro­duce contention. Rom. 14. ſo nor Reaſon allow not the ſword but the ſword of the Spirit; and yet the ſword alſo againſt Invaders of the Fundamentals, ſo the Peoples peace, &c. the only Sect, as out, or againſt Religion, if ſuch a Re­giment be againſt it, and Righ­teouſneſs in that point for it. However it appeared that he was a Prince in juſt Power, al­ſo uſed it Prince-like, as defen­ſively,23 and not offenſively; alſo for juſt Self and Publike ends, and this he might, and ſo may any; for its the end of Power ſo to do: To wiſe eyes he was Roy in Right of Might and juſt Power, if uſed as afore, and the Parliament but his Vice-Roys, and did act only on their bene geſſere, and his bene placitum or permiſſion, for what he then did, he could always have done, and might, on our premiſſes, elſe not; but ſupport them rather, as the end of juſt Power is both to ſupport and ſuppreſs,Wherein came he ſhort in that little brunt of his Highneſs? How­ever he ſhewed by that Act, what he might, and would, as he con­ceived, conducing, and as juſtly neceſſitated: and ſo would my Ex­cepter do, if in their place, Ser­pentinely ſave his head, and his head his Country, &c. as the general or juſt particulars neceſſitate; why elſe is't a Pow­er but for ſuch ends? For can any one in reaſon think that juſt power impowered for that end; or however, being in Nature, Reaſon, and Religion, bound to right what they can the wronged, whether Individuals, or the Univerſal; as did Moſes in both: who though not formally impowered, yet having Power, righted his individual wrong'd brother, and next, his Brethren the People: and ſo may any, with our cautions, princi­ples, and premiſes, elſe not. Can then I ſay ſuch Pow­ers ſee themſelves unjuſtly and inhumanly acted againſt for all their Humanities, which rather cal for Grati­tudes; and Gratias, inſtead of ſuch ingratitude? and yet like ſenſleſs Momes, ſit ſtil; it cannot be. Can they alſo ſee their Country neglected, as not acted for, as it ought; or acted againſt, as it ought not; and like the ſenſleſs ſit ſtil? it cannot be: However it ought not be;Hints or memo­randums. but they may (Moſes-like) without our Cauti­ons, act againſt ſuch Actors; yet not without our Cautions, &c.

24Subordinate Swords and Powers have their Superi­ors, or the Supreme to awe and command them, and enforce a rendition of their Powers; but the Supreme is King in Nature, and asks more then Grace to govern it; and its wel if any way governed: For who ſhal ſay to the KingOr any higheſt Power, in point of Power. what doſt thou?

Capitulate not then (oh thou naked Man) petulantly and daringly with the Brandiſht and Flaming Blade, or Univerſal Sword or Power, leſt it ſanguine it ſelf in thy Sanguis; but rather Serpent-like, ſave thy Head, ſo thy Feet, yea thy whole Body, by thy applicati­on to our application and addreſment, elſe al thy pre­tended courage and faithfulneſs to the cauſe, are but fooliſh and vain-glorious follies, as inſenſibleneſs, wil­fulneſs, and ſtubbornneſs, inſteed of reſolution and cou­rage for &c. To what end ſhould a Venice glaſs ma­lapertly juſtle it, or contend with an Iron pot? except in our way of Oratory, of Reaſon, and Humanity: As ſpare me (oh noble Sir, I pray you) for I am too weak and brittle to deal with you, ſo chuſe rather to Incumbe, then try it out with ſuch a Combahant.

Al Powers (though unjuſt) wil yet if they can, Rule, and not be Rul'd, and that oft-times unjuſtly; but if juſtly (though unjuſt) happy are the Rul'd: But juſt Powers may according to juſtice and juſt neceſſities, rule and over-rule. Know then that juſt or unjuſt Pow­ers (though a little unjuſt) are Juſt; for God himſelf found folly in Heaven amongſt his Angels &c.

The King himſelf was of our Judgement, and we of his: That to part with the Militia, was to part with Abiſhag his Miſtris, for the Kingdom followed it, cauſe it un-king'd him, and King'd his un-kingers in point of Power: and asſo, of al things ad placitum, the Par­liament33 impowering his Highneſs,In power. King-like, left him to himſelf, in point of Power to govern if he would, or ſee juſt cauſe, which he may with our Principles and premiſes of juſt neceſſities and conducings, as afore; and as did and might the Lord Fairfax on the ſame ac­count: for none muſt be ſo ſilly as to think that the univerſal Power wil (if it can help it) be overpoweredIt may abide perſwaſi­on, but no compulſive In­vaſion, eſpecially to unjuſt ſufferings and dangers.; whatever in a wiſe policy, it may connive, pretend, and comply to, and it comes off honeſt­ly, fairly, and wel, if with a little wrong­ing, al things conſidered, for ſo Angels wil do: Thus the Lord Fairfax did no wrong; or if any, but little, alſo as of neceſſity inforced thereto; but wiſely Sentinel'd and Perdu'd it to prevent Surpri­ſals, and the better to ſurprize his Surprizers.

And the Parliament as afore outing the King, and his Seed, and immediately inveſting his Highneſs with the Militia, the Kings Abiſhag or Miſtris, or rather, with the Kingdom it ſelf, he ſucceeds the King as the next Man, by an ActAs their doings, which they never undid. of Parliament, as Governour in point of Power, either in Eſſe, Poſſe, or Potentia; and thus (beſides al other Arguments, he claims Right to the Government; and if he Governs as he hath done, and promiſeth to do, and provide alſo as we have hinted, we are happy, and he is worthy of the Government, and We unworthy of ſuch a Governour.

53. But ſure for this my doing I ſhal not ſcape cen­ſuring as a Flatterer, a Time-ſerver, &c. in this Tract, &c. I cannot deny but ſo it may be, but I do deny that ſo it is: Now who is't can conclude from poſſibi­lities, to certainties, as that things are, cauſe they may34 be; which as they cannot ſay, they ſay nothing; for I can from poſſibilities (if they be good Arguments) make guilty the moſt innocent, &c. But the Laws of Logick and Love, ſo of Civility, Humanity, and Cha­rity are againſt ſuch concluſions, and in doubtfuls for the contrary, &c. as for the faireſt and moſt friendly conſtruction; which to make good, I have and do pre­ſent you alſo with many allowable reaſons and grounds for what I do; and do here ſeriouſly and ingeniouſly proteſt, that I would not have ſet Pen to Paper, but to diſcover falſhood, and make Truth apparent; for there is no reaſon that his Highneſs ſhould be wrong'd or cenſur'd as an Uſurper, beſides many other unjuſt Objections and Exceptions againſt him; and the cen­ſurers go clear away, as juſt and true in the ſame; and his Highneſs remain as guilty, to his great diſhonour: for Untruths in point of judgement do as much abuſe, as do thoſe of relation; for the people miſled in either, are thereby incenſed againſt his Highneſs, as if guilty, &c. ſo fal to factioning it for and againſt, to the endan­gering of all, &c.

54. Nor may the cenſure of Flattery, nor any de­pravings, &c. obſtacle or check duties of any nature, eſpecially of ſo high concernment, for ſo no good thing almoſt wil be done, and many evils muſt be done; for there is not any good thing but may be vilified and de­praved; nor any bad, but may be rendred ſpeciouſly good &c. Let the Performer then ſtand clear in his own heart and Conſcience, and ſo reſt reſolved for the reſt, elſe farewel al goodneſs and good things, if we be afraid of Sanballats Foxes, who would demoliſh good­neſs it ſelf, they are ſo Bad.

Object. 55. You are contented that I do my Country35 al the good ſervice I can, but you except that I plead thus for the Protector, alſo you would not have me to hint nor minde him of theſe his Rights, &c, for it wil pride him, and he is proud enough already.

Anſw. If it be any factious Incendiaries or trouble-States that object thus, I anſwer, Why except they at what they are the Cauſers of? For had they not en­dangered our Country by crying up the King of Scots Rights, and crying down the Lord Protectors, and ſo divided and factioned the people to the Hazard and Ruine of al, I had been ſilent; ſo they clearly excuſe me, and condemn themſelves of what they accuſe me of, by neceſſitating me to do it. Whoever elſe objects, I conceive this anſwer wil ſatisfie them alſo.

Object. 56. But its objected, That the Law makes this or that not Treaſon, except againſt a King, nor bindes, except for a King, &c. ſo ſuch are not Tray­tors, nor capable of Tryal as ſuch, &c.

Anſw. If ſo, I know not what to ſay to ſuch a Law, nor ſuch Lawyers; and yet they ſhal know by and by, that I know what to ſay to both, ſo care for neither of them in this caſe.

By this alſo (it may be) they wil ſay, that the Parli­ament could not, nor can his Highneſs now, make Laws or Ordinances without a King, &c. Oh the force that is in words, ceremonies, and opinion: But we ſhal ſhew by and by that our Principle is too hard for them al, as wel as for al at Sect. 16.

However they wil by this (if ſo) enforce his High­neſs to King it in Title, to entitle him to the aforeſaids. But we wil take to pieces theſe poſitions, and examine them, &c. ſo ſhal we ſee what confeſſion they wil make.

3657. If as againſt the King be Treaſon, what then is it againſt the Kings King? Sure the greater is greater then the leſs, and contains it; Now whether the Peo­ples welfare and ſafety be not greater then Charls Stuart's Right, if Right, ſee Sect. 3. to 17. Then whether Salus be not highly concern'd in the preſent Governour thereof, ſee Sect. 28. &c.

58. Note, our Principle, Kings the higheſt Gover­nour in point of Power (however cald or entituled) in al things, as Salus is neceſſitated, or juſtly conduc'd to, eſpecially in point of Safety, ſo his own ſafety in relation thereto; ſo that as afore, neither Words, nor Letters, nor no Law for, or if againſt, nor any thing is valuable or pleadable in oppoſition thereto; elſe the aforeſaids were higher then the higheſt; to which all at Sect. 16. ſtoop, yeild, and comply; yet ſome of our Laws and Lawyers (as afore) are lawleſs, and wil not, ſo muſt be out-law'd, &c.

59. What's the word King, but a compoſition of Letters in themſelves nothing; for to people of ano­ther language, they are only ſounds, &c. ſo the power of the word is in thy conception or opinion of it, or of cuſtome; but the right power is in the extent of juſt power; next, in the worth and perfections of the per­ſon impowered: See then what moſt Kings are, at Sect. 51. to 52. and ſee what his Highneſs is at Sect. 4. to 5. and ſo who then are Kings.

60. His Highneſs hath the Militia of three Nations in his hand, Doth this, or the Title King, King? Next, he is choſen in points of choice, beyond all or moſt Kings or Governours, as afore; alſo hath choice parts: Kings theſe, or the Title King?

61. Is a King of Scotland alone, cauſe call'd and ce­remony'd37 like a King, ſuch a King as is the Protector of our three Nations?

62. There was no King in Iſrael, &c. There was then to be none, for they never had any; What's then the Meaning, but that there was no Univerſal Gover­nour at that time? Governour then is the Genus, and ſo contains all Species or kinds of Governours, how­ever call'd; which howſoever in point of Species, he is yet a Governour or Ruler in the Genus: Thus Judg­es, Captains, Prieſts, Prophets and Kings, at different times King'd it in Genus and Species, though not alike ſpeciouſly.

63. Treaſon then againſt the King, was not as he was a ſingle Man, or as call'd King, but as he was the Univerſal Governour, in whoſe ſafety the Peoples ſafety was concerned: It was not Treaſon as it related to words, expreſſions, or Titles, but to his place or office, and its relate, the people as afore.

64. Let the Lord Protector then have what name or Title you pleaſe, it matters not, he is a King in nature, as well as the reſt, or beſt; However, as he is the Univerſal Governour,Thirty two Kings as call'd, and Tranſlated, Jo­ſhua ſlew on this ſide Jor­dan; they were (I believe) but the higheſt Governours of Cities. I think the L. Mayor of London is for h••time as good as the beſt of them. in whoſe ſafety Salus ſafety is concern'd, this and that, or what was Treaſon to the King ſo call'd, is the ſame to him at leaſt, he being more &c. its Treaſon then to the Publike for any to attempt upon, or againſt her Higheſt or Chiefeſt Gover­nour, Defender, or Protector, to the endangering her Protection, Welfare, and Safety.

66. Its conſiderable alſo that Law hath two parts, viz. its Ceremonials, and its Eſſentials, &c. its Cere­monials38 are words, expreſſions, and names, ſo alſo ſuch and ſuch ways, courſes and forms to proceed by &c. its Eſſentials are Juſtice, Rights, and Safety, of which this laſt is firſt; ſo in competition, Juſtice and Rights muſt comply to Safety, &c. If the Eſſentials muſt comply to Safety, what then can the Ceremonies of Law in juſt competition with its Lord, the Peoples Safety, ſay to it? What reaſon have they, or is it igno­rance, obſtinacy, or wilfulneſs, &c. Muſt the Lord, the Publike Welfare, be a ſervant to its ſervants? Yea, be deſtroyed by them? viz. by words and names, ſo by manners and ways of proceeding; Ceremonials all to the Eſſentials afore, the Eſſentials at Sect. 16. in competition comply, but our Trivials are very trou­bleſome.

67. Remember then as afore, that the Higheſt Governour, as Salus, is concern'd and neceſſitated, is not bound to Law it ſelf, much leſs to Lawyers, or any Ceremonials; for in behalf of Salus, he is Judge and Lord of the Law as is conducing.

68. Elſe as afore, how could Salus on exigents be ſaved or provided for, if words and letters ſay nay, and none might gainſay them.

71. So may he act, alſo do and undo, without, yea againſt Law, yea Law it ſelf, much more Laws, Letters, which are oft great lets to its intention, as the Publike is juſtly neceſſitated, cauſe the Publike is Lord of the Law, and who made it for its own end, and not againſt, and if in error or accident it be againſt, it muſt be made to know its place, is to give place.

72. Well, but yet ye are not at quiet, but are much troubled at one thing, you would fain be free Engliſh­men, and not under the Sword, nor Taxes. Be it ſo,39 Give then theſe Weaklings their wils, &c. ſo the Army is diſarmed, and Taxes diſcharg'd, and now I hope we ſhal hear no more news of you, and yet what means this noiſe, this clattering of Armour and Weapons, this thundering of Canons and other ſhot, this boun­cing and running of rampant Horſemen to and fro, what theſe ſhriekings and cryings out of all ſorts? Whence theſe ſtreams of Blood? How came theſe mangled and ſlain Carcaſſes? Whence thoſe frighted Fugitives? What's the matter of this ſmoak, fire, and flame? &c. Surely from hence all, Your Army diſ­charged, the Hydra Faction hath charged you with ten Armies for that one, and ſo overcharg'd you; for now Royaliſts, Peers, Prelates, and Prieſts, ſo Lawyers and Goſpellers of all ſorts and faſhions, yea every ſeveral Sect, Church, and Faction are in Arms to offend one another, and defend themſelves, and to Rule and Soveraignize it if they can; and Forreigners hearing thereof, take the advantage, and ſtrike in amongſt them, and whil'ſt your ſelves fight for the bone, the ſtranger Doegs may chance get it; however, the Land may be ruin'd before it be righted, or recovered by any ſide. All theſe miſeries, and this our bondage, your licentiate liberty, your freedom hath brought us to, which the bondage of an Army and Taxes would have freed us from, and now you wiſh (when too late) oh that the Army were on foot again to ſave our Heads, &c. and for Taxes, you would rather then fail take the Di­vels counſel, part with all rather then your lives, or rather then Husbands and Wives, Parents and Chil­dren, alſo near and dear friends and Kindred ſhould be parted by ſlaughters and maſſacrings, or ſo mangled and made away, and your ſelves live a dying life of40 grief, care, miſery, nakedneſs and want, even to a con­tinual expiring.

73. Had the poor Savoyans had a protecting, a de­fending Army (which could they have been in ſeaſon aware of) ſure they would, alſo have taxt themſelves according to the Divels Doctrine, rather then come under the hands and Paws of ſuch Divels, &c.

74. Lets know then your minds in ſeaſon, whether you will have any protecting Armies by Sea and Land, Brave Royal and Imperial Forces or no, to ſave you from Royaliſts, and the reſt, that ſo we may know how to pleaſe you, though we pleaſe you not.

75. That the King of Scots as call'd hath no right to the Government, is without any more adoe apparent in nature and reaſon, from what is already ſaid, to any common underſtanding almoſt, how then to the com­prehenſive, as having (contrary to the very end, uſe, and being of Governours) ſided with his Father againſt his Mother, his Country, in tranſcendent trecheries, &c. and that his Father was highly trecherous to his truſt, appears by the Lord Chief Juſtice Cook of Ireland his Kings Caſe, heard, accepted, and confirmed by Parlia­ment, on which the King was executed by their order; beſides his oft needleſs and cauſleſs oppreſſion of the People, as appears at Sect. 95.

76. Again, the Parliament made an Act againſt any of that Race for ever being Kings and Governours of this Nation &c. and this as the whole Body of the Peo­ple was contracted in them, they might do; ſo may they make or marr any other Laws, as conduceth to the Peoples Welfare and Safety, as they have that of ten pounds in the hundred to eight, and then to ſix pounds for uſe monies, which if they find amiſs, they41 may alter again, and advance it to what degree they find it capable of, or depreſs it as they pleaſe; As the Hollanders, and other Countries, raiſe, and raze their exchange moneys, as avails to the Publike: Our Prin­ciple will juſtifie it alſo, and what not?

77. In ſhort, as they may make one Law, ſo may they many, or any, and as they may marr, alter, or un­make one, or more, ſo may they ad infinitum, as con­duceth to the Publike; for the Power that impowered them for the leaſt, or any, influenc'd them for all con­ducings, and againſt all ſeducings, of which they con­ceived that Race to to reign here was one; and there­fore they arraigned one, and raz'd out the reſt. So by all our Arguments his Highneſs is the next man, be­ing ſo choſen as afore.

78. Now whatever Ordinance or Act the Parlia­ment made againſt any one Univerſal Governour for future, yet if afore, or afterward, they have impow­ered the Lord Protector with the univerſal Militia of our three Nations or Countries, as their Defender and Protector, and ſo left him, and ſo he ſtill ſtands, beſides all our other ways of Choice and Inveſture of him, in caſe they had not ſo done, they for their parts by ſo do­ing, (beſides what we have ſaid and done) have to our beſt underſtanding poſtured him in the place, and condition he now ſtands, for all the ſaid Act: for if in words, or by an Ordinance or Act they ſay, we will not for future have any one alone univerſal Governour more, &c. and yet afore, or then, or after, gave him the triple, or threefold Militia, they King'd him in point of Power, call him as you pleaſe; and they were ſo King'd themſelves by the People, though not ſo call'd, and yet call'd ſo by a KingK. James, for to ſay in words, or by an42 Act of Parliament, We will not that any one man rule as afore, &c. and yet in actions do it, which are more real, alſo of later edition, and ſo more authentick, as ſeeming to revoke what they ſaid; and is as much as to ſay, we are now of another mind and judgement, and will have this Gentleman however to Rule and Go­vern for his time, &c.

79. Yet we humbly make bold to ſay, that it con­cerns his Highneſs of his own goodneſs, nobleneſs, and ingenuity, and for his Honour and Renown ſake, to make good what he can the ends of ſuch a be-truſt, as the welfare of the People, and their Safety, &c. and to conſider of our contents, and in ſeaſon to provide accordingly, &c. However, his Highneſs Rights as afore, I am forc'd to make good, for our former rea­ſons ſake; alſo to prevent and affront the Invaders thereof, to our endangering to ruine.

80. Object. But it may be ſaid, this impowering him as afore, was only a be-truſt, &c. a redelivery being expected when exacted.

Anſw. So was the Parliaments from the People, a be-truſt, as on intention and expectation of a rendition, &c. But thoſe Mortals would have immortaliz'd it, and might with our cautions, ſo the Arguments are idem, though notThe Par­liament by reaſon of their diviſions, had oppo­ſite ends and could not mind the main. ad idem.

Again, a Betrust is anſwered; as the main ends of it are anſwered, the Peoples Safety, &c. And here I in­geniouſly proteſt, I ſee not but that his Highneſs hath, doth, and will as faithfully and ſufficiently quit him­ſelf, as I conceive any can, or would do that ſhould poſſeſs that place, ſay Praters what they pleaſe, and if he ſhall pleaſe to make good our Contents as afore, he would Crown us, and we ſhould then do well to do as43 much by him, for we cannot do too much for our Sa­viour, as we cannot for our Saviour.

82. However, I conceive, yea I think that I may ſafely poſitive it, and ſay, that neither his Highneſs to the Parliament, nor the Parliament to the People, might part with their Powers or Commiſſions, but on our cautions at Sect. 47. and that their engagements and be-truſts forbade and charged them to the contrary.

Object. But its urg'd that his Highneſs was the Par­liaments ſervantSo was the Par­liament the Peo­ples, ſo the Ar­gument is the ſame., ſo ought to obey, and deliver up his Power when called for, it being only a be-truſt, alſo he promiſed ſo to do, &c.

For the Truth of this, that none may be deceived, I will ſet it right, and then leave it to judgement: I ſay then,

Anſw. I deny that he was the Parliament ſervant, and if he was, I care not; ſo nor for his promiſe, if any, and as its ſaid, to be a Be-truſt, ſee Sect. 80.

Are the Servants of a Lords Family the Stewards, cauſe the Steward entertains them, and takes them in, ſeeing he pays them out of his Lords Treaſury? Are they not both (though differently degree'd) ſervants to one and the ſame Lord? in oppoſition or competition, then who ſhall the meaneſt ſervant comply to? Yea may not the caſe be ſuch, as that he ought not obey, but with reſpectiveneſs (if he have power) ſoberly op­poſe the Steward in his Lords behalf, and for his own ſafety, if he find that he endanger either? But you will ſay, who ſhall be Judge? for any one may pre­tend, &c. For this, ſee Sect. 83. and then Judge you.

Nor may the Stewards own ſervants, as may not the Lords own ſervants, ſo nor the Kings, when he44 was, be true to, or ſide with, or obey their own Maſters in oppoſition to their grand Maſter, the Publike; This the Parliament, ſo that next afore, judg'd on the ſervants ſide, when it came to be agitated afore them, and ſo al­low'd of the ſervants or ſubjects judgement and diſobe­dience, and puniſht thoſe as Traytors that were true to their private Maſter or Truſt, againſt their grand Ma­ſter, the Publike: ſee our Sect. 63. as afore, for judge­ing.

If alſo neither the promiſes, nor the ſacred vows of a Wife cannot binde her to God, in oppoſition of her Husbands Rights, cauſe obedience is better then ſacri­fice, and for that ſhe is not a ſelf-power, as is a Widow, who may vow, and if vow, muſt perform; but a Wife might ſoon be head her Head, with ſuch pretenſes and licenciate ſervices, &c. ſo nor can Magiſtrates, Gover­nours, nor any Powers make a vow, promiſe, or co­venant amongſt our ſelves, but if it prove endanger­ing or deſtructive to the Publike, which is our Lord and Husband, and the ſupreme Lex, to which we are ſubordinate, but it may be renounc'd: In our own concernments we may promiſe, vow, and keep, elſe not, and yet not deſtructives, or endangerings to ruine, but what have we to do to binde others, how then our So­raigne the Publike, whom we are bound to unbinde,

But who ſhall judge of all, is a main question.

83. This (hitherto) hath been a troubleſome and puzzling queſtion; and the Queſtioniſt applauds him­ſelf for wiſe, learned, knowing, and able, though a weak­ling, if he can but poſe his Adverſary, who might have poſed him, had he firſt asked the Queſtion, however both ſides are Dilemma'd, and ſtand poſtur'd like Lots Wife, or as two ſilent Statues, &c.

45Now ſeeing none of our Magies, either of Layicks or Levites, Lawyers or Goſpellers, of any kinde, name, nature, or degree,I have heard them thus no­tion'd, but ne­ver read any of them. no not the occularly conſpicuous Cardinals, as call'd; nor the notion'd, ſublime, or Seraphick Doctor, nor the Sentential Master have re­ſolv'd this, ſince the world was a world, ſo that it ſtill puzzleth all ſorts; it falls to the ſhare of the poor and illiterate, and therefore deſpicable Carpenters ſon to eſſay it, and ſo to venture beyond his Ne plus ultra; which he doth, as ſo conſtrained Courteous Gentlemen and Readers, both this, and di­vers other things in this book with an awful remiſneſs, and a wary fear; wherein if he err, or fail, ſo might, ſo do the Cardinals, and the Seraphicks aforeſaid, and in this they are errant, in that they attempt not at all to give ſatisfaction, alſo not ſufficiently (being Magies) to quit diſ-ſatisfaction.

We ſay then as followeth,

1. Law, and Lawyers are concluſive Judges of what is within the circuit and precinct of their Jurisdiction, yet Appeals may be to Higher Courts, or to the Chan­cery, or to the higheſt Judge, or Lord Chancellor, at Sect. 3. 5, 6. following; and again, for judgment on any of their judgements, ſee Sect. 7. except taken out of their hands in ſeaſon, and referr'd, &c.

2. Arbytrators, or any truſted or referr'd to, though injudicious, yea injurious, are yet concluding Judges; yet we may as at firſt judge of their judgement, &c.

3. The Parliament are concluding Judges (when in being) for the Publike, and for particulars alſo, if re­ferr'd to, but all may as at 6, 7. on their judgements.

4. Yet any who is impowered, or hath power, and will conducingly and ſavingly improve it, as did Mo­ſes,46 ſo according to our cautions is a Judge, a Magiſtrate for the Publike good, in oppoſition to any indangerings, or too much ſufferings by or from any; and who ſhall Judge of this, ſee Sect. 6, 7. both for concluſive and incluſive judgings, &c. in ſhort, Power will be Judge, concludingly; but ought not abuſe their power, yet they may be judg'd on.

5. The Parliament not being, then the Higheſt publike Magiſtrate, King, or Protector, as you pleaſe, with their wiſe and faithful Councel (if for the Publike) are Judg­es concluſive, ſo for Individuals, if he pleaſe, yet ac­cording to Law, except referr'd to; or if Law be Law­leſs, as dubious, or its Letter ridged, againſt juſt ne­ceſſity, or right Reaſon, he as higheſt Lord Chancellor, with his wiſe Councel, may catechiſe and chaſtiſe it, and always accept its dubious acceptations, with the hu­maneſt conſtructions; for ſuch is or ſhould be Lawyers and Laws ayms, and intentions, for ſuch are their pre­tenſions, &c.

6. Juſt neceſſities (private or publike) allow any man, yea a ſervant over his Maſter, to turn Judge and Magiſtrate for the preſent, if he will venture to put him­ſelf on the judgement of Law, and its Iſſue, or refer him­ſelf to thoſe it concerns, to ſuffer if he have offended; here it concerns him, or any one, well to open and ſtate their cauſe apparently in each particular, and ſo refer and appeal, or abide the Tryal, and its iſſue; or who hath power or might to act ſo, ought ſtate his caſe right­ly, and then appeal in point of Right, as at 7th.

7. Note, all ſorts may from all concluding Judges of what name, nature, kinde, or degree ſoever they be, appeal for judgement of their judgements, ſo for any actions, doings, things, ſayings, or cenſures, judge­ments47 or opinions, or diſputes, or controverſies, to any one, or more, or as we pleaſe, or univerſally to all ho­neſt, rational, good, wiſe, and juſt men, of judicious underſtandings, to ſee how they will judge thereof, though we ſhould be concluded as afore; and this is as much as can be had.

8. Any one in their own concernments, though in­judicious, is a concluſive Judge, but any one as at 7. may judge of his judgement.

9. But as more, of the Publike are concern'd, then the Publike Magiſtrate for the Publike, and for Privates the Law &c. as at Sect. 17. except they refer, are Judges concluſive, yet any may, as at 7.

10. The Higheſt Judge, who (like Moſes) makes other Judges to preſent him, and to ſupply his place as a Judge, for he judges by them, ſure he is a concluſive Judge then, as was Moſes, cauſe you cannot go higher then the higheſt, and may if he pleaſe, perſonally judge all, yet as at 5. afore, &c. So will he alſo hear the ad­vice of thoſe Judges or Councellors, and from all, ga­ther whats uprighteſt and beſt, the beſt he can, &c. and though in the integrity of his cauſe and proceedings he may like God at Sect. 89. appeal, yet will he not (if wiſe) diſpower himſelf till ſecurd, if then.

Thus, we may hear, and be heard, and judge of one anothers judgements, though not concluſively, for the concluſive judgements are as afore.

Now if the higheſt Judges at Sect. 3. 5. 10. deal amiſs with us, I know no better way to do good on them, ſafely and ſecurely, then as at Sect. 1, 2, 4. but if ſubordinates abuſe us, then to appeal to ſuperiors, or to the ſupreme, as the Chancery, or the Lord Chance­lors, at 3. 5. 10. afore, &c. and from thence to Sect. 7.

48According to the 8th, a Maſter of a Family, though his wife, children, and ſervants, ſhould have right on their ſides, in point of reaſon, or the rationality of their judgements) yet his reaſon and judgement, or if you will call it, his Will and pleaſure in his own concern­ments and affairs (as having right, juſtice, and equi­ty on his ſide) ſhall ſtand and conclude things for or­dering and diſpoſing, thus if he build a houſe, he may hear the judgements of the aforeſaids, or of any one, and it may be they may be more rational then is he, but they ſute not with his mind, will, nor way, ſo he will have it built to his own content, and this is his right and due; the like of any thing, as one is ſelf-ly or princi­pally impowered, and concerned, and that Law checks not; and if this Power were not, there would be no end of things for diſputes, oppoſitions and reaſonings, alſo authority and propriety would be overthrown; for if rational Right ſhould carry it againſt righteouſ­neſs, as againſt the rights of dues, juſtice, and proprie­ties, witty children and ſervants, ſo divers others might ſomtimes rule and govern their wiſer, or however, their more juſt Governours, and have thei will and way in whats their Parents, or their Maſters, or the Magi­ſtrates, or anothers proprieties and rights to order and diſpoſe, &c. cauſe their judgements may chance to be better, though worſe, or not ſo good; as overthrow­ing juſtice, authority, and propriety, to a confuſion of all, as is already done in moſt houſes, where under pre­tence of a Religious Conſcience,As not knowing his power & place. the witty and wily Wife, Children, and Servants, go ſeveral ways, and leave the weak Maſter maſterleſs; but let all ſuch know, that the Maſter of a Family, though he have failings, is King and Prieſt in his own houſe, to or­der49 &c. and he is a Judge and Reſolver of Conſci­ence alſo in all indifferents in Religion to his own family, only Fundamentals muſt ſtand firm and fixt on all ſides, &c. but this is no place for this, but its worthy of a place and ſetling right, elſe it will unſettle Government, for the witty Govern'd will ſomtime govern their wiſer Governors, which muſt not be, &c.

Note, None are concluding Judges where things come not under their command, nor are referr'd to them, though it be apparent that right is on ſuch ſide; Yet the Antagoniſt may ſtill vie it out, thus, two diſpute, but it relates to no concluding juriſdi­ction, and refer it they will not, ſo the apparently vanquiſhed (though juſtly concluded againſt) yet cannot be concluded by any, but he may ſtill vie it out with his Antagoniſt, if he will, wilful it; but his Adverſary (though the other will not) may appeal to all ingenious and rational ſpirits, and ſo reſt ſatisfied, and anſwer the fool no longer in his folly. Thus much in point of Judging. We go on.

88. Law, the higheſt Governour is bound to, as he is only ſelf-ly concern'd, except juſtly neceſſita­ted, which quits any one as well as himſelf, but as the Publike is concern'd in him, or any, or alone, he is not bound to it, for the Lord of the Law is Lawleſs.

89. If the Univerſal Publike Governour pre­tend, judge, or deal amiſs, or contrary to his Be-truſt, its not well; but what ſhal we do with them more then with each poor Ar­bytrator, ſo with Lawyers, Clergy­men, Phyſitians & Chyrurgions, who ſome of all of them at timesIn points of Truſt, as by their ignorance, careleſneſs, and un­faithfulneſs, ſo alſo by ſome of thē in their intentional making preys and prizes on us, moſt cru­elly, oft beyond Tyrants, &c. abuſe50 us as much, or more, as oft to loſs of life and eſtate, and our ſouls alſo; all which by ſo doing, forfeit their Be-truſts, and ſo their reputations; and yet we go on in truſting: in ſhort, we ſuffer more by them, yet ſay leſs.

Truly I for my part know no better way for the People to deal with the higheſt Governour, then as I ſhall ſet out at the concluſion of this Book; nor for Governours that are of honour and integrity, then nobly for their Honours ſake to do as did Samuel of himſelf (for he was not call'd to accompt) nobly appeal to the people in point of his uprightneſs tow­ards them, and they as fairly quit him: yea God him­ſelf alſo, for his Honour ſake, that he might ſtand clear in points of Juſtice concerning his dealing with his Vinyard, ſo with his people, ſaith, Judge oh ye Jews, or all, or any that doth, or ſhall hear and know of my dealing with it, and you, what more could I have done, &c. and what leſs could it do to me in point of retaliation? and yet it hath affronted me with wilde grapes for tame, &c. Alſo judge oh Houſe of Iſrael twixt my ways and yours, I appeal to you, ſo clear is my caſe, that I dare adventure to make the judg'd (yea my enemies) my Judges, &c. thus let Governours nobly ſatisfie the ſcruples of the People, &c. but ſee at the end of the Book this more perfect.

90. But lets ſuppoſe that the Parliament have not ſetled Cuſtome, Exciſe, nor Taxes, though I con­ceive they did all, ſo alſo Convoy and Algier mo­ney, &c. by Acts, Orders, or Ordinances, &c. and yet all is ſaid not no to be ſufficient for ſome ſudden and extraordinary Publike occaſions and exigents,51 &c. What's then to be done? The univerſal Pub­like Governour urgeth his want; its reply'd, it can­not be by reaſon of other, and the ſaid great In­comes, &c. ſo its a pretenſe: next, you ſay, is the higheſt Governour Judge alone? For anſwer to both which, I ſend you to Sect. 83. Alſo its urged, that its againſt Magna Charta; ſee therefore Sect. 106. to 111.

Laſtly, you ſay, that a Parliament muſt be call'd, &c.

To this I will now anſwer you; lets ſuppoſe the caſe is ſudden and deſperate, &c. as that the Hollan­der is now in the Downs with a mighty Navy, and our Sea-Forces unready, or abroad, &c. And the Scots King hath a great Army with him, and there­on, that all the Factions in Scotland, England, and Ireland, do or will Arm it paſt diſarming, if not ſeen to in ſeaſon, &c. and Treaſure is pretended to be wanting, and all are ſo divided, they know not which ſide to appear on &c. Would you now diſpute about Laws allowance, and ceremonial ways of proceed­ing, ſo about Parliaments, when diſpatching is moſt neceſſary to prevent our Diſpatching; who on this ſudden and deſperate accident is Judge, ſay ye? who will you apply to, ſay I, to take a courſe to op­poſe them, but to him who hath the univerſal Pow­er in his hand, though he were an Uſurper, yet no deſtroyer? For who elſe can, or who elſe dare (he being in Beeing) aſſume the Power? What courſe will you take on ſuch exigents, or on ſome hardſhips or ill uſage? Keeping to our Cautions, that is, to take heed of endangering the Nation to ruine by op­poſite Arms, &c. Can you take a better courſe then52 the concluſion of the Book will afford you; or as we do with Arbytrators, Phyſicians, Chyrurgians and Lawyers, on like exigents; whom wee can onely with good language, move to be faithfull to their truſt, alſo juſt and humane, and ſo to main­tain their honours and reputations, and then adven­ture their killing and undoing of us.

I have ſuppoſed as afore, on purpoſe to ſee if on any occaſions, or exigents, you will allow the go­vernor & his wiſe-counſel without a Law, yea againſt it, ſo without a Parliament, when it cannot be timely call'd to be Judges, or take a courſe to ſave you, and us all, as they can; if ye ſay no, then wee may bee loſt by diviſions and forreign oppoſitions; if ye an­ſwer yea, then ye grant as much as I deſire; that is, exigents and neceſſities may be, or may be preten­ded, though you and I diſcern them not, and that the Governours muſt be truſted, and ſo muſt, yea ought, without Law or Parliaments, &c. ſave the people as they can, & for his pretending right or wrong, I have, and do ſend you to Sect. 124. and if ye have a better, a wiſer way on pretences, ſurpri­ſals or exigents, &c. ſhew it, and we comply, &c.

91. The intention of Laws, is to ſave us, and do us good, if the letter and intention claſh, which will you cleave too; for to contraries you cannot, and to deſtructives you ought not, make the Laws then, Oh ye Lawyers, more wiſely and in plain terms, that admit not of ſuch doubtfull and betraying con­ſtructions, that ſo we may not be befool'd, nor de­ſtroy'd by them, nor you.

Object. 94. If thus as afore, ſay you, why then was the King call'd to accompt? why ſuffer'd he, &c. for he had his pretences, &c.

47Anſw. Truly, if we had not had a viſible, autho­rity, and powerfull power to deal with him, wee ought to have ſuffered according to our poſition, ra­ther then indanger our Country to ruine, but the whole Nation, who ſent up the Parliament, and were bound in Honour, Honeſty, and Conſcience to ſecond them, and were ſatisfied about ſeconding them, came up by hundreds and thouſands, &c. offer­ing to live and die with them. So that to my ſeem­ing, we made it hazardable and doubtfull, by dally­ing with him; for I conceive he might eaſily have been ſurprized long afore, but wiſe and juſt policies might prolong it for uſefull ends ſake. So I may be deceived, therefore will not deceive, ſo I judge not.

95. But as there was a viſible, likely, and an au­thoriſed able power as afore, in likeli-hood to carry it, without ſuch indangering to ruine, &c. ſo there was cauſes proportionable for ſuch procedure, as ye may find in the L. Chief Juſtice Cook's Kings caſe. But what likely and juſt pretence could the King have to want, and ſo raiſe treaſure, by ſhip mony, Privy ſeals, Pole-mony, and what not, hee was at Peace with all neighbour Nations, Princes, and States. So alſo within himſelf, ſo was not inforced to keep three Armies, ſo long on foot to keep three Nations from Armies; alſo to oppoſe Forrainers, nor to have ſuch forces at Sea, to oppoſe our many enemies that would have ſeiz'd on us, he was no way exigented ſo might take his courſe by Parliament, but have not we been ſurpriſed by the Hollander, and exceedingly exigented as unprovided? moſt of our forces being abroad, or unready, and a long time the contention54 held, to the expenſe of much treaſure; neither Ru­pert, nor the French, nor the Breſt men of War medled with him; imploy'd he ſo many brave Fleets abroad, and that for uſeful, honourable, and humane ends and uſes, as in mating the unmatchableThe Hol­lander & Turk., and re­deeming of many poor be-ſlaved ſouls, did For­raign Ambaſſadors throng in upon him as on us? who for the honour of our Country and our Gover­nour thereof, muſt be anſwerably entertain'd, and ſo muſt thoſe ſent abroad, accordingly: And muſt not his Highneſs of force, though ſelf-ly humble, keep ſuch a ſtate and port, as may keep up the honour of ſuch a State or People, alſo his own State anſwer­ably, as the Preſenter of ſuch a People, ſo that nothing may render us deſpicable, but rather double reſpect, as was the Sheba Queens about Solomon; and though Solomon counted all things vain, it was but reſpe­ctively, for he knew alſo there were other reſpects that rendred them uſeful; His Fame, as vain as it was by this accompt, yet made him famous, and did much conduce to him in points of fear, love, aw, reverence, and revenues, &c.

96. And what if our Countries, our Nations, &c. were called the Houſe of the North, or Nore, or of Great Britain, as Spains is in a Bravery and Glory, only to out-brave, the Houſe of Austria.

97. But if you be not yet ſatisfied about your Higheſt Power and Governour, his juſt Power and Place, as neceſſitated, though I conceive I have ſuf­ficiently aſſerted my Aſsertion. What ſay you to this of Moſes following? Sure, you dare not que­ſtion his Right of Governing and Judging, ſeeing God in the Scriptures appears for him, and againſt55 his oppoſers; ſo dare you not charge him as an Uſur­per: But if you dare not, I dare; and yet am I not inſolent; for I can diſcharge him when I pleaſe. I ſay then, that according to the received Tenents of Uſurpation, he was an Uſurper; but according to our definition or right Acceptation, at Sect. 47, 48. &c. he was none, but very Authentick and Law­ful.

Who is't proves Moſes choſen Governour by the univerſal free choice of the People? If not, What was he then by your ſayings? But ours quits him, and ſo renders him a true and right Governour, and a Righteous one alſo.

98. But you will ſay, he was choſen, and call'd, or ſent of God, ſo no Uſurper.

What's this to man, as to them who know it not? They had only Moſes word, in his own behalf for it, except they would accept of him for his Miracles ſake, which yet they car'd not for, as of God: For can you ſay that they entertain'd him 'cauſe of God? Surely no, they were not ſo Godly: For why then excluded they Samuel whom they knew was of God? Why outed they God himſelf in Samuel? Samuel, this ſtubborn, this rebellious, this ſtiff-neckt people, have de-thron'd, uncrown'd, and diſ-ſce­pter'd me as well as thee: Sure, they that care not for God himſelf, care not for any ſent from him; ſo it appears they entertain'd Moſes only as a moſt hopeful Deliverer, and upon no other grounds, he giving good evidences thereof, by his wiſdom, care, carriage, faithfulneſs, and miracles, &c. and the ſame grounds kept him in Government, for they knew not how to better themſelves. So we ſay,56 that Moſes was truly, juſtly, and authentically choſen and impowered, according to our Tenents; ſo that none of their choiceſt, or beſt choſen Kings or Go­vernours, were more lawful Powers then was the un­choſen Moſes.

99. But we will begin with Moſes ab origine, that we may the better ſee the true ſtate of things, for our uſe. Its neceſſary then to take knowledge that the Iſraelites liv'd together in Goſhen, where Joſeph plac'd them, and not mixtly or ſcatteringly amongſt the Egyptians; ſo they had their own Religion, Laws, and Government, Civil, and Eccleſiaſtical, which they enjoy'd about four hundred years till Moſes time; their Laws muſt needs be their Magna Charta, their Rights, Dues, and Priviledges, viz. to preſerve them in ſafety amongſt themſelves, ſo in their Rights of all ſorts, and to relieve them from wrong, &c. Theſe, none but impowered Powers by choice and conſent, might juſtly invade or evade, by adding to, altering, or taking from, except with our cautions, which it may be they were not capable of; as are not many of our Pleaders for Magna, who are oft too poſitive and abſolute, and ſo indanger, or deſtroy all.

But when the Monarch Moſes comes, he ſeeming­ly heaves the Door off the hinges, and turns the Houſe out at the Windows, and like an impetuous Torrent, bears down their Laws, their Magna Char­ta, and all things afore him; and yet he doth no ſuch thing, but bears up all: In their poſitive and lteral ſtrictneſs he bears them down, elſe they might upon ſome emergencies or exigents, bear him and his people down; but in their fair and well condi­tion'd57 conducing Intentionals for the Publike good, he bears all up: So, what he in their poſitive acce­ptation ſuppreſſeth, to avoid ſuppreſſion, he advan­ceth by wiſe Reſpectives, and ſo puts down Solomon the WiſeMoſes was wiſe, Solo­mon witty., with the Wiſe. For according to juſt neceſſities, he invades, and evades Law, and ſo adds, alters, and abrogates, &c. and yet neither Uſurpers nor Arbytraters it, as we have or will ſhew; for, all being perform'd, according to our Principles and premiſſes, he alters not their Magna in its intentions, but only in its dimenſions, as contracting or enlarg­ing it as it beſt conduc'd, and ſo bends and inclines it to juſt neceſſities inclinations; and in ſo doing, ma­gnifi'd it and himſelf: Thus, as ſome of their privi­ledges by reaſon of their weakneſſes or wilfulneſſes in their journey, might prove offenſive to them, he contracts, them & ſo enlargeth their liberties and pri­viledges in binding them; for, its a freedom, a privi­ledge to be bound, when (if at liberty) we would miſchief our ſelves; thus, our Chyrurgions to free us, binde us, and our Phyſitians do almoſt kill us, to keep us alive, and make us live: So, their right Priviledges would have wrong'd them, and it was ſome neceſſitated wrong'd doings (enforc'd by them­ſelves) righted them at that time, & in that condition.

Circumciſion it ſelf, their moſt eſſential privi­ledge, and the flower of their Crown, or Charta, &c. was circumcis'd; and though in its nature ſeem­ingly moſt unſeemly, ſavage, and ſevere; yet as it was enjoy'd and enjoyn'd, it was their only badge, mark, or character to diſtinguiſh them from Hea­thens and Pagans, and ſo render them refin'd, as the People of God, ſo that a curſe went on the uncir­cumcis'd,58 and now it was a curſe to be circumcis'd, for, for their forty years journey its laid aſide, and ſo in that point they paſs ſo long for Pagans: Their Law for Theft is altered to four-fold ſatisfaction, or ſervitude; ſo they hang not, as do we, but reſerve their Delinquents for uſeful ſervice, private or pub­like, yet to give the privated ſatisfaction, which done, they return to themſelves, and are their own men again. A moſt ſevere Law, or tryal for a ſuſpected Wife is added, but ſeeing I cannot reach the reaſon thereof (though reaſon there might be) I compreſs, &c. and chuſe rather to think, then to expreſs my ſelf impertinently, or to my compreſſion.

Theſe three are only inſtanced to make appear his ſelf, (yet not ſelf-iſh) alterations, additions, or abbro­gations, as wiſe reſpective conſiderations call for, but infinite more of all ſorts may be obſerv'd he did; for, as appears in Exodus, Leviticus, Numbers, and Deuteronomy, he new modell'd their whole Go­vernment, both Civil, Eccleſiastical, and Military, yet for the Publike Good, Peace and Safety ſake, and not for any by-ends of his own.

I put all on Moſes cauſe Moſes to the people is all in all.Infinite, troubleſome, and chargeable ſacrifices did Moſes alſo inſtitute and put on them, beſides a world of other buſying performances to take up their giddy heads in their long journey, enough to make Loyalty turn Loyaliſt, and Religion a Rebel; and yet theſe Rebels rebell'd not as yet.

Their Civil Government he wholly alters, adds to, or abrogates, as appears by his four laſt books, for its ſaid, Moſes did or commanded this, and that, &c. By their Religious or Eccleſiaſtical Govern­ment, he doth the like; for he ſets them a ſeventh59 day, with the other 3 commands, never articulately ſet or commanded afore; he alſo dictates to them the ſix laſt, which of themſelves are Dictators, and ſo ſet themſelves, but not their ceremonies; as Reaſon ſaith plainly, Thou ſhalt not steal, but it ſaith not ſo plainly, Thou ſhalt reſtore juſt four-fold, ſo its diſpu­table what Retaliation is righteſt. The whole Prieſt­hood were of his creating, and he maketh his brother Aaron a Prelate, or prime Prieſt; he robes, ray­ments, and ornaments him from head to foot, with taking Types, Ceremonies, and Ocu­larsThe Occults were laid up in the Sanctum Sanctorum. where only the High Prieſt might enter. to take the People; the leſſer, the low­er or ſubordinate Prieſts he alſo creates, prin­ciples, and leſſons them (as he did their Pre­late) of their charge, and offices, &c. and when he ſees his time, he diſrobes Aaron, and robes his ſon Eleazer in his place.

The Military Diſcipline he alſo orders & ſettles it in chief on his Diſciple and Servant Joſhua,Painces, Nobles and Prieſts, ſo the Souldier and all ſorts, o­bey him. and nothing is done without, or againſt his order, nor any thing left undone that he commands, or countermands. He puniſheth to the purpoſe the 3 Rebellious Prin­ces, and all their company and complices, for their bold prate, as, What haſt thou to do with us thou Uſurper, we know thy Original, and whom thou art? Art thou any more then a poor caſt-away,Num. 16. re­covered by accident, as if to caſt us away under co­lour of ſaving us? Whence then theſe thy preſum­ptions? In ſhort, thou takeſt too much upon thee Moſes, What? wilt thou who the other day pre­tended to be our Deliverer only, now turn our Goaler, and binde us to thy ſeverities, ſome of them under the notion of Sacrifice? A fine piece of Hy­pocriſie! 60What? wilt thou that waſt againſt King Pharaoh's Kinging it, ſo his Oppreſſions, Cruelties, and Tyrannies, alſo againſt Monarchy and King­hood, or ſuch Kingly Government, Wilt thou now Lord and Maſter, yea King it over us? for what Monarch or King ever did more, or ſo much as doth the Monarch Moſes? Are we thy ſlaves or vaſſals that thou handleſt us thus arbytrarily? for thou haſt raz'd out our Laws, our Priviledges, our Charta, &c. and put what thou pleaſeſt in their places, and if ta­ken knowledge of, then thou puniſheſt, or deſtroy­eſt us at thy pleaſure; witneſs thy maſſacring of three thouſand of the Lords people at about,Exod. 32.27. beſide many other miſchiefs done to us, &c.

Again, thou haſt under pretence of a Paradiſe, a Canaan, a heavenly Jeruſalem, &c. brought us out of Canaan, as out of a Country that flows with Milk and Honey, to an Utopia that hath nothing in it of acceptables,Num. 16 13.14. but only of name, fame, and opi­nion; for not Egypt now, but this thy Canaan is our Houſe of Bondage, from which would to God we were freed and delivered, &c. make us not blind Moſes, cauſe we cannot ſee inviſibles, which thou only as a Magi mayſt &c. if thou canſt: In ſhort, come thou down to us, if thou wilt, for we will not come up to thee, &c.

But, ſeeing Moſes though he did thus ſelf-ly Mo­narchize it, yet it was not ſelf-iſhly, but for the Pub­like good, he ſtill varying as neceſſities and conve­niencies varied;250 Ca­ptains a­mongſt them. ſo though he might decline Law, yet he vagar'id not therefrom, nor governed arbytra­rily, &c. It coſt theſe Rebels dear, as the ruine of themſelves and their whole Families, as an exempla­ry61 puniſhment to deter and awe others from the like attempt, and ſo was conducing to the ſaving of the whole Body, the Family, or Houſe of this People, by lopping off a limb thereof, which elſe by ſuch fa­ctionings and rebellions might have been endanger­ed to ruine.

Nor did Moſes ſpare his brother Aaron, nor Miriam his ſiſter, but handled them ſeverely for their ſeverities to him; as in their daring to vie it out with him in right of Power, &c. As, What? Hath the Lord ſpoke only by Moſes? Hath he not ſpoken by us alſo? See Numb. 12. ſo that Miriam was leprous'd as white as ſnow: a tincture that fairly ſet off her foul and black qualities; and the Prelate Aaron was put to the Penance of a Palinodia, or Peccavi. Alas, my Lord Moſes! I beſeech thee charge us not with this ſin, I know we have done fooliſhly. Here's a great deſcention of a Brother, and a Prelate, to a La­ick Brother. Surely, the Prince, the Monarch, the Laick Moſes, was in Power, Place, and Nature, ſupe­riour to the Prelate Aaron: But now the**Words of Con­tempt. Laicks are aExod. 32.27. Lay people, and the Levites their Lords, till ſome Moſes be-meet with them.

He alſo commanded his Prieſts, the Levites, by his Law Martial, without Tryal, to kill and butcher their Brethren, and they obey, and ſo kill'd three thouſand at a bout; and ever ſince, many of that Tribe have continued Butchers. **In their cruelties to the people.

He inforc'd the People themſelves alſo to drink the duſt of their dirty Calves, though gilded; and of their gods, cauſe golden.

Thus, he hath the whole Legiſlative Power in his hand, as appears by all afore. He alſo ſelf-ly judges62 all ſorts a long ſeaſon, till on advice he made Judg­es, who were accountable to him, &c. yet in all theſe proceedings nothing for ſelf-ends, but only as neceſ­ſitated, or convenienced for the common good; for if Kinghood,Neer to a Queen as