Baxter - BX5207 B3 A2 1696

PUT L Reverend Mr. Richard Baxter. 37 Thefe were their Anfwers to their Accufersin thofe Points. § H. TheSum of thofeReafons which fatisfied many that adhered to the Par- liament, were thefe, whichI will but brieflyname. a. As to the Dangerofthe State, the Matters of Falldid make it Teemundeniable to them : Ship money they judged not ofaccording to the Sum ; but they thought Propriety was thereby deftroyed, and Parliaments calf afide and made unneceffa- ry : And they faw that this Parliament was called upon the Scots, and then called DifeonrenredLords importunity, after many Parliaments had been diffolved in dif- pleafure, and after they had been long forborn : And the calling up of, the Nor- thern Army, and the demandingof the Members, made Multitudes think that the ruine of the Parliament was the great Defign ; and their ungrateful beginning and proceedings made this feemcredible, fo that I met with few of that fort that doubted of it. But above all, theTwo hundred thoufand kill'd in Ireland, affright- ed the Parliament and all the Land. And whereasit is faid, that the King hated that, as well as they : They anfwered, that though he did , his hating it would neither makeall thole alive again, nor preferve England from their threatned Af- fàult, aslong as Men of the like malignity were prote&ed, and could not be kept out ofArms, nor brought toJultice. a. The Endofthe Wardid much prevail with them : For they thought that to mafter and deftroy the Parliament, was to leave the People hopelefs, as to any Security of their Propriety or Liberties, or any Remedy againft meer Will! For there is no other Power that may relieve them: And if Parliamentswere fo ufed before, what would they be, ( laid they ) if by fuch a War they fhould be con- quered. And they thought that theruine of the State and of Men's Propriety, was filch an End as nomean, could be lawfully ufedfor; and that the Prefervarion of the Kingdom was fuch an Endas would make lawful any neceTary means, which God himfelfhadnot forbidden. ;. And then as to Authority, they thought that the Legiflative Power is the chiefeft part of Soveraignty ; and that the Parliament having a part in . the Le- giflative Power, had fo far inherently a Power to defend it, which no Law can fuppofe them to give away And as the Peoples Reprefentarivos, they fuppofed them- felves much Intrusted to fecure their refervedLiberties, which the Law giveth not the King any Authority to take away. ç: And they fuppofed that Government being that Publick Work which up- holdeth the CommonPeace, it is to bedone by Publick Inftruments and Means; and that the Kings Laws are his InftrumentsofGovernment, and alfo his Publick Courts and Officers : And that the Subje&s cannot know fo well, whether pri- vate Commands orCommifons be real or counterfeit, nor are fo much bound to take notice of them. And that the Judgmentsand Executions of the Courts of Julice, being theEffe&of Laws which King and Parliament have made, are of greater Authority than contrary Commiffions or Commands from the King alone. g. It much confirmed them becaufe all confeffed, That the Sheriffs of Counties mull raife the peeComitatus for the Execution offome Decrees of Courts of Ja- nice, though the Kingforbid it, or grant a Commiffion to any to hinder it : And that the forefaid Statute ofEdw. ;. maketh even the King's Letters under the Broad Seal to be void when they would hinder Janice. 6. And they pleaded the Law of Nature, which is greater than Pofitive Laws, That no Nation is bound to deftroy it felt. The Militia being nothing but the Peoplesown Sword, they fay they are not bound to deftroy themfelves with it ; nor can any Law be fo interpreted. And whereas it was laid, That the King foughtnot to deftroy the Parliament, but to bring fome among them to punifh ment theylaid, that it belongeth to the Parliament to judge its Members ; and that ifon pretence of punilhing offending Members, the King may come and fetch away, or demand thole that difpleafe him, Parliaments and Liberties and all Securityof them is gone. 7. The King's Anfwer to the Nineteen Propofitions, greatly confirmed many, when they faw the King himfelf declaring to them, That the Legiflative Power was in Kings, Lords, and Commons, and that the Government was mixt, and was not Arbitrary ; which they thought it mutt needs be, if his Commiffrons were of greater power than his Laws and Courts, and if no refinance might be made againft any that executed an illegal Commiffion. 8. It