Baxter - BX5207 B3 A2 1696

Part 'III. Reverend Mr. Richard Baxter. I I Sir john Maynard alío told me, That an illegal Commifliion is no CommifCon, (though privately, being theKing's Serjeant.) § i 9. But that all thefe Anfwers Ihould rather refolveme not to take this Oath, than anyway 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 theSupreme Magiftrate, or by his Authorityagainft thofe Com- miflioned by him. Andyet implicitly granteth it in the Cafes intimatedin the Eighth Queftion. 2. He confeflèth thatanotherfeared Principle was, That private Perfonsmay en- deavour to alter the Government of the Church : And he coáfeffeth, Thatby law- fill means we may endeavour it, ina great part of it. And as to the Particulars : I. He thinketh that the Words [ on anypretence what- Tamer] referto the King only : whereasin my Confrience, I think thatthe Authors of the Oath meant it alto [as to any Commiffioned byhim ; ] otherwife there is no- thing in all this Oath againft taking Arms againftany Commiffioned by the King, fo they do not pretendhis own Authority for it. And upon my knowledge, a great part ofthofe that Fought for the Parliamentwent on othergrounds ; fomethinking Parliaments and People above the King, asbeing fngulis Major, eh univerfis Minor, ( as Hooker fpeaks, Ecclef. Pol. Lib. 8. ) fome thinking thatthe LawofNature did warrant them; and fome, that the Scripture did require them todo what they did., And can I believe that itwasnone of the Impofers Intentionby the Oath, to provide againft any of thefe Opinions? If really it were not, thena 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 thePeople. z. Becaufe fomeLawyers fay, That thePeopleof Englandhave, as Hooker and Bdfon calls them, fore-primedLiberties, which they maydefend, and theParliament bathpart ofthe Le- gillative Power, by theConftitution of the Kingdom. 3. Bccaufe the Law ofNa- ture and Charity requireth the Defenceofour Selves, Pofterity andCountry. 4. And becaufe Scripture requireththe fame. They that will fay, That the Oathbath left all there Pleas or Evafionsfor Fighting againft the King's Armies, domake it utterlyufelefs to theends for which itwas 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] tomean nomore than [Ijudge, or tb,nb it is not Lawful.] As drill our Parliament Men, with theLearnedBifhops, had not hadWit enough to have faid fo,iftheyhad meant fo ; but raid one thing, and meant another. 4.I confefs, I flick not much on theFourth 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 hewas notwilling tofpeak out. 6. Note, that he plainly concludeth, that a Sheriffhath the King'sAuthority, to refift by the PoleComitatus the King's Commiffioned Officers, thatwould hinder him from Executing the Decrees of a Court of Juftice: And doth notthis either croîs the intent of the Impofers, or give up thewholeCaufe ? Doth it notgrant, that either it is lawful by the King'sAuthoritygiven to theSherifFby theLaw, c'rc. for him by Arms torefill the King's Commifioners? Orelfe, that they berefifted, as not Commiifumed, becaufe their Commiffion is unlawful ? And what didthe Parlia- ment's Army defire more? If a Sheriff, by theSentence ofan inferiourCourt, may raife Arms againft the King'sArmy, as not Commiffioned, you willteach the Par- liament to fay, That their Judgment is greaterthan aninferiourCourt's. 7. And it is poffible, That Commiffions maybe contrary (ofthefame date) who then canknow which is theTraytor? 13 bbbz 8. The

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