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12

The

LL

1

F

E

of

the

Part

III,

8.

The

Seventh

is

a

putting

off the Anfwer,

like

the

Fifth.

9.

Note

efpecially

that of

the

Eighth

Quare,

which

implyeth divers

Inftances

of

Cafes, in which

Grotius, Barclay, Bilfon, &c.

fay,

That

it

is

Lawful

to

take Arms

againff

the

King,

be feemetli wholly

to grant

it,

and maketh

it

but

lii-.e

a

Cavil,

to

fuppofe

that

thole Cafes

ever

came

into the Parliament's Thoughts. And

I

am much

in that ofthe

good Man's Mind. But

if

they

will Swear me

to

an Univerfal, while

they

forget particular

Exceptions,

that

will

not

make

the Oath

Lawful

to

me.

For,.

I.

It

is

not certain

to

me,

That

they would

have excepted

thole things

if

they had

remembred them. z.

Much

lef

can

I

tellwhich, and

how many

things they would

have excepted.

3.

And

how could

the wit of

Man devife

Words

more

exclufive

ó`

all

Exceptions,

than to

fay

[

It

is not Lawful

on

anypretence

whatfoeowf

]

Are thofe

in

the

Eighth

plume

[no

rretences whatfoever

_

]

I

dare not thus ftretch

my

Con-

fcience

about an

Oath,

when

I

know

thatthe

Authors were Learned, Crafty, wil-

ling

to

extend

it

far

enough, and Men

that

underftood Ennlfh, and

fpalce

in

a

mat-

ter

of their

own Concernment and Employment.

Therefore

by [any

pretence what

-

fozver

]

I

cannot think

that they

meant

to

exclude

fo

many

Pretences, as

the

Eighth

Cafe

fpeais

of.

i

o.

Note

alfo,

That

he alloweth Parliaments,

judges, or private

Men, even by

the Ring's Authority

in his Laws,

to

defend

their

Lives,

their Hodes,

Eftates,

tarfes,

and Companions, againft

Tech

as

are

Cammiffioned

to

Surprize them.Which

is beca'afe

lie

taketh

fuch

to

be

really

no

Comm"ions. And

fo

the Parliament, and

their Arm ,world

fay

in

a

Word,

'That theRing'sCemmiOionsto

his

Armies

-were

too

Commifiions. But

this (which the

Lawyers wholly reff

on)

I

think in

my Con-

trience was

fo

contrary to the

Impofers Senfe,

that

if

it

had been

then

mentioned,

they

wound

have exprelly

put

in force

Words

againft

it. And if

an illegal

Con

-

miffrnn

be no Conuniffion,

then there

are

not two forts of

Commiffions,

one

legal,

and the

other

Illegal

(unlefs

{peaking Equivocally.)

And this

comes

up

to

what

Richard Hooker,

and the long Parliament

fail,

viz.

That

the

King

can

do no

wrong;

beçnufe

if

it

be

wrong,

it

is

not

to

be

taken

for

the

King's

Aft.

t.

Note

alfo,

That

a

Commitliion

milt

be Ihewn,

if

required,

and an illegal one

is null,

And

which

of

the Parliament's Soifdiers ever

faw

the

Commilfions

of

thorn

whom

they Fought

agaiitit

?

Not

one

of

many

Thoufands. And

was

this, think

on

the

meaning

of

the,

Itppofers,of

the

04th,

that it

lhonld

he

left

to

Men's

Liber-

ty

to

take an

illegal

Gomtutil{ton

far

none? If this

were declared, who

of

all

the

Parliament's Army

vonld not take

this

part ofthe

Oath?

z.

To

the

Eleventh he

anfwereth,

That

the

Oath

is

againit altering Monarchy,

( which

none

doubts

of:)

But

whether the Power of Parliaments, or

Courts

of

juftice

be

included,

the

good

Man

thought

it

not belt

to

underftand.

;

He thinks

that

by

[Government]

is meant only

the

Species

(Monarchy) and

not the

Pcrfan

of the King

(as

being füffciently

fecured

elfewhere) whereas

there

is

no

filch

limitation in

the Words

;

but that

he

is

to

he efteemed

a

Changer

of the

Government,

ais

who

would depofe the

King,

and

fct up

an

Ufurper.

t.t,

But

if it

do fecure

the

King's

Perron

(as I

think it doth,

and

Mould

do) he

thinks

it este

rdeth not

to the Pet

funs

of the

Church Governours,

becanfe by

Laso

they

may be

altered.

But

i.

Here

is no difference made

in

the Oath,

unlefs

it

be

that

the,

Government of

the Church,

is

put before

that

of the State.

z.

Therefore

the

Q;seftion is,

Whether

this Oath

be

not contrary to

thofe former Laws,

and do

not

fettle the

Uifnops

and Chancellors as fait

as

the King

?

As to the plain

Senfe

of

the Words,

I find no

different

:

And

as

to

the

meaning

of the

Law

-

makers,

it

is

hard otherw

ife

to

know

it,

feeing they

areof

fo many

minds, and variousdegrees

of

Capacity among

then'

elat

-.

15.

Agd,,

it

is

lame,

confépèd,

That

the

Ctergy-Government

is

included

;

yea, and

that the

0411.

meaneth

the

Iso

li

Species

; and

yet

he

thinketh

that it

prohihueth

not lawful E,dea,loars,,

to

make

more ßílhops, and

to take down

Lay

-Chancellors

whereas,, 3.

fbo

tellers

are the

Governours, for the greateft part.

z.

And

as a

tin'

rega4ioik6

Q

oreh

doth

fpecifc

-+fly

differ

from

a Diocefs

of

woo, or

nao

C

hr.rebes,,

the

(w

osee

ile

-fans,

being

for

Pcrfanal Communion in God's

Worlhip,

änd,

net the

1irtet; fa

thertfotu

the

Btihop

of

a

Congregation

muff needs

differ

fpeci-

fícally,

freut.he

I3iihop

of

fuch a Diocefs.

Therefore

fo

to

change, were

to

change

tug

Species

of

the. Coves

nknteot,

as,

1f

am

confident

the

Bithops themfelves

would

fay,

it the

Qtteition ihere

put to

them.

t5.

By