Baxter - BX5207 B3 A2 1696

12 The LL 1 F E of the Part III, 8. TheSeventh is a putting off the Anfwer, like theFifth. 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 tome, That they would have excepted thole things if they had remembred them. z. Much lef can I tellwhich, andhow many things they would have excepted. 3. And how could the wit ofMan devife Wordsmore 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 Menthat underftood Ennlfh, and fpalce ina mat- ter of their own Concernment and Employment. Therefore by [any pretence what- fozver ] I cannot think that theymeant 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 Techas areCammiffioned 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'sCemmiOionstohis 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 thenmentioned, 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 ofCommiffions, 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 takenfor the King's Aft. t. Note alfo, That a Commitliionmilt be Ihewn, ifrequired, and an illegal one is null, Andwhichof the Parliament's Soifdiers ever faw the Commilfions ofthorn whom they Fought agaiitit ? Not one of many Thoufands. Andwas 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, whoofall the Parliament's Army vonld not takethis 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 tounderftand. ; 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 whowould 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 Petfuns of theChurch 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 beforethat of the State. z. Therefore the Q;seftion is, Whether this Oath benot contrary to thofe former Laws, and do not fettle the Uifnops and Chancellors as fait as the King ? As to the plainSenfe 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 variousdegreesof 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,, tomake 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 Chr.rebes,, the (w osee ile -fans, being for Pcrfanal Communion in God's Worlhip, änd, net the1irtet; fa thertfotu the Btihop of a Congregation muff needs differ fpeci- fícally, freut.he I3iihopof fuch a Diocefs. Therefore fo to change, were tochange tug Species of the. Coves nknteot, as, 1f am confident the Bithops themfelves would fay, it the Qtteition ihere put to them. t5. By

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