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Part

'III.

Reverend

Mr.

Richard

Baxter.

I

I

Sir john

Maynard alío

told

me,

That

an illegal

Commifliion

is

no

CommifCon,

(though privately, being

the

King's Serjeant.)

§

i

9.

But

that

all

thefe Anfwers

Ihould

rather

refolve

me

not to

take this

Oath,

than any

way fatisfie me

to

take

it,

may

thus appear.

i.

He

confeffeth,

that

the Principle

feared was,

That

infame

Cafes

it

is lawful

to

take up Arms againft the

Supreme

Magiftrate,

or

by his

Authority

againft thofe

Com-

miflioned by him.

Andyet implicitly granteth

it

in

the

Cafes

intimatedin the Eighth

Queftion.

2.

He

confeflèth

thatanother

feared Principle was,

That

private Perfons

may

en-

deavour

to alter the

Government

of the

Church

:

And

he coáfeffeth,

That

by

law-

fill means we may

endeavour

it,

in

a

great part

of

it.

And

as

to

the Particulars

:

I.

He

thinketh that the Words

[

on

anypretence what-

Tamer] refer

to

the

King only

:

whereasin my Confrience,

I

think

thatthe

Authors

of

the Oath

meant

it

alto

[as

to

any

Commiffioned

by

him

;

]

otherwife there

is

no-

thing in

all

this Oath

againft taking

Arms againft

any Commiffioned by

the

King,

fo

they

do not pretend

his

own

Authority for it. And

upon my knowledge,

a great

part of

thofe

that

Fought

for the Parliamentwent

on

other

grounds

; fome

thinking

Parliaments and People above

the King,

asbeing

fngulis

Major,

eh

univerfis

Minor,

(

as

Hooker

fpeaks,

Ecclef. Pol. Lib. 8.

)

fome thinking

thatthe

Law

of

Nature did

warrant them;

and fome,

that the

Scripture did require them

todo

what they

did.,

And

can

I

believe

that

it

was

none

of the

Impofers

Intention

by

the Oath,

to provide

againft any

of

thefe Opinions?

If

really

it

were not,

then

a

Man

that

takeththis

Oath may, notwithftanding

it,

believe,

That

though

it

be

not

lawful

to takeArms

againft

the

King,

nor

againft his.Armies,

by

pretence

of

his

Authority,

yet

upon

four other grounds

it

is

lawful

to

take up Arms againft his Army.

i.

Becaufeas

Williso,

and

other

Politicians fay,

the

Majeffas

realm

is

in the

People. z.

Becaufe

fome

Lawyers fay,

That

the

People

of

Englandhave,

as

Hooker

and

Bdfon

calls

them,

fore-

primed

Liberties,

which

they

may

defend, and

the

Parliament

bath

part of

the Le-

gillative Power,

by

the

Conftitution

of the

Kingdom.

3.

Bccaufe

the

Law

of

Na-

ture

and

Charity requireth the

Defence

of

our

Selves,

Pofterity andCountry.

4.

And

becaufe

Scripture

requireththe

fame.

They

that

will fay,

That

the Oathbath left

all there Pleas

or

Evafions

for Fighting

againft

the

King's Armies, do

make

it

utterly

ufelefs

to the

ends

for

which

it

was

in-

tended,

and make

the Authors

to

have been

ftrangelyblinded.

z.

Note,

That

he takes

the

Word

[

Lawful

]

to

extend

to

all Laws,

of Nature,

Scripture,

or whatever: And,

3.

That

he

takesthefe

Words

[

It

is

not

Lawful]

to

mean no

more than

[Ijudge,

or tb,nb

it

is not

Lawful.] As drill our Parliament

Men,

with theLearned

Bifhops,

had

not

had

Wit

enough

to

have faid

fo,if

they

had meant

fo

;

but

raid one

thing, and

meant another.

4.I

confefs, I flick

not

much

on the

Fourth Queere,

but its plain,

that the

Subjefa

named

is

capable

of

various Predicates, yea,

of contrary;

and

[of

takirfg

Arms]

may

be

applied

to

an

oportet,

a

licet,

a fathom

eft,

yea,

or

a

non

beet;

though

the

licet

I

doubt

notis

their

Senfe.

5.

Note,

That

the Anfwer

to the

Fifth, is a meerputting off

the Anfwer: For

the

Queftion is,

Whether

the

Aft of

Parliament,

or

the private

Commiffion be

more

Authoritative? And

he

anfwereth,

That

which is

Lawful;

which

implieth,

that

he

was

notwilling

to

fpeak out.

6. Note,

that

he

plainly concludeth,

that

a

Sheriffhath the King'sAuthority,

to

refift

by

the Pole

Comitatus

the

King's

Commiffioned Officers,

that

would hinder

him

from Executing

the

Decrees

of

a

Court

of

Juftice: And doth notthis either croîs

the intent of the Impofers,

or

give up

the

whole

Caufe

?

Doth it notgrant,

that

either

it

is

lawful by

the King's

Authority

given

to

the

SherifFby

the

Law,

c'rc.

for

him by

Arms

to

refill the King's Commifioners?

Or

elfe,

that

they

berefifted,

as

not

Commiifumed,

becaufe

their

Commiffion is unlawful

?

And

what did

the

Parlia-

ment's Army defire more?

If

a Sheriff, by

the

Sentence

of

an inferiourCourt, may

raife Arms againft

the King'sArmy,

as

not

Commiffioned, you will

teach

the Par-

liament

to

fay,

That

their

Judgment

is

greaterthan

an

inferiour

Court's.

7.

And

it

is poffible,

That

Commiffions

maybe contrary

(of

the

fame

date) who

then

can

know which is

the

Traytor?

13

bbbz

8.

The