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A35998 The vnlavvfulnesse of subjects taking up armes against their soveraigne in what case soever together with an answer to all objections scattered in their severall bookes : and a proofe that, notwithstanding such resistance as they plead for, were not damnable, yet the present warre made upon the king is so, because those cases in which onely some men have dared to excuse it, are evidently not now, His Majesty fighting onely to preserve himselfe and the rights of the subjects. Diggs, Dudley, 1613-1643. 1643 (1643) Wing D1462; ESTC R10317 134,092 174

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doe otherwise for the use is left indifferent in respect not of the Magistrates but Subjects duty so that abuse doth not voyd authority when swerving from lawes is of divine constitution The obligation not to resist superiour powers receives not strength from mans justice nor is it weakned or made null by injustice Saul was Gods anoynted and Pilate had authority from Heaven notwithstanding the extreame abuse of it Had the Apostle meant as they endeavour to perswade the world considering what Governours the Christians then lived under he had laid downe a doctrine of rebellion whereas he labours to teach them patience Thus much in answer to their objections against what was delivered in the second Section I shall now examine their exceptions against what was assumed in the precedent Section The King of England hath Supreme power Exc. There is a mixture or coordination in the supremacy and the English Monarchy is compounded of three coordinate estates Answ I have shewed before that a mixt Monarchy is a contradiction and that by this name can only be meant a restrained and limited Monarchy that is that such a King though he have Supreme yet hath not absolute power By reason of this restraint from his owne grant and positive constitutions active obedience is not due to his illegall commands and by reason of his supreme power and sole right to make Warre and Peace passive obedience is necessary Monarchy compounded of three coordinate Estates in plaine English speaks this nonsense the power which one only hath is in three joyntly and equally The ground of this invention and so much fancyed coordination which our ancient Lawyers never dreamt of may be this If they meane by it that the consent of all three Estates I will not alter the new manner of expressing this government but only take notice by the way that heretofore the Parliament was taken for an Assembly of the King and the three Estates and that in all other Kingdomes likewise there are three States the Clergy the Nobility and the Commonalty distinct from the Head are equally required for transacting such businesses as the King hath obliged himselfe not to doe without them and that they have the right of a negative voice wee shall indulge to them the name of coordination to two purposes which are making new repealing old lawes and supplying the Kings necessities in such proportion as they shall think fitting These are great democraticall advantages but include no authority of making hostile resistance against their soveraign in case he should do contrary to the established laws These are still in force till abrogated by joynt consent and bind his conscience but he cannot be forced to put them in execution because he hath no superior in jurisdiction and he hath no equall in managing jus gladii the materiall sword which is necessary to distinguish their resistance from rebellion and give it the title of a just warre For except they can prove themselves not be His Subjects I am forced to tell them if they fight against him they are by the law of Nations and of this land worthily reputed Rebells and by divine law they are assured of damnation Thus therefore the two Houses or two Estates of Lords and Commons are not bound to submit their consent to the Kings command in matter of Subsidy or taking away any ancient Law if they conceive it disadvantageous to the Common-wealth Par in parem non habet imperium in those things in which they are equall as a rather and a sonne being joyned in commission in this sense let them be called coordinate Yet they are subject in all other things and therefore may not take up armes without his consent for this is destructive of their alleagiance If there be a Coordination in the supremacy that is if the King and Lords and Commons are joyntly the supreme governour the Correlatum is wanting none are left over whom they should Reigne wee should have a Kingdome without a Subject because all may challenge a share in soveraignty The Parliament not sitting they will not deny the supremacy to be solely in the King and certainly by calling His great Councell together he doth not empty himselfe of any regall power it were very strange our lawes should be guilty of such vanity to make a uselesse coordination for if His rivalls should make any attempts upon His Prerogatives He can legally dissolve them except when he hath past a particular grant for their continuance and then the enlargement of their time of setting doth not enlarge their power and after He hath dismist the Assembly as the right to doe so is unquestionable then He is Supreme againe none being left to stand in competition The cleare businesse is this all markes of supremacy are in the King nor is it any Argument of communicating His power that He restraines Himselfe from exercising some particular acts without consent of Parliament for it is by vertue of His owne grant that such after acts shall not be valid He hath not divided His legislative faculty but tyed Himselfe from using it except by the advice and consent of the Peeres and at the request of the Commons their rogation must precede His ratification I shewed this in the Roman Empire likewise and yet none fancyed an equality between Subjects and the King or Emperour was thereby introduced As the houtefeus of France argued from the denomination of Pares Franciae to make them equall with the King so our Incendiaries from Peeres and Comites to bring in a coordination whereas it is evident that Peeres referres not to the King but signifies as the Persian 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mentioned in Zenophon Subjects in the same ranke of honour and enjoying equall priviledges one is another And to make Comites is called by Lampridius in conubernium imperatoriae majestatis asciscere our lawyers derive them from having that speciall honour to be in comitatu regis Suetonius calls them comites peregrinationum expeditionumque Tiberii They were of three rankes under the Emperours Comites intra consistorium were the highest and in the nature of privy councellours but created by the Emperour the fountaine of all honour and so not similes altissimo equall to him though exalted above fellow Subjects The briefe is the frame of governement as it is established by our lawes clearely condemnes their undertakings and therefore they have laid such a foundation as will support the building For if they can but prove that Parliament men and those who are stirred up to fight against their Soveraigne are not the Kings Subjects they have acquitted them from being Rebells We have seene the ground worke and shall now take the superstructure into due consideration the whole fabrick is comprised in that exiome so frequently applied to justifie all illegall proceedings Coordinata se invicem supplent Coordinates ought mutually to supply each others failing that we may not suffer whether by necessary or voluntary defects and that
ignorance drawing out of broken cisterns the seditious writings of the Roman and the Reformed Jesuites and transcribing one another and so are taught and reach to despise dominion and speake evill of those things which they know not §. 3. I Make no question the proposition is now evident that the supreme power in any State let it be where it will somewhere it must be for else it were an Anarchy and no government ought not to be resisted This makes rebellion sin as transgressing divine and humane lawes In the next place for the perfect direction of conscience Most necessary to know the subject of Supremacy wee must examine in whom the supreme power is placed a mistake in this is as dangerous as an errour in the former For as zeale which is not according to knowledge is impiety for though it have the heat it hath not the light which is required to true devotion so the most scrupulous obedience is but humble rebellion if it be misplaced and yielded to fellow Subjects against him who hath jus regnandi the right to command them Thus in an Aristocracy to aide one man against the Senate is Treason against the State and in a Monarchy because the constitution is different and places the supreme power in one to aide the Senate of which that one is the head and opposed to him they are but a livelesse trunk in order to those things to which his influence is necessary Fortescue warrants the expression sine capite communitas non corporatur against the Monarch and supreame Ruler is rebellion and treason against the State The Assumption therefore shall be The King of ENGLAND hath this supreame power when this is proved the conscience must take law from this necessary Inference therefore it is unlawfull for Subjects to hold up armes against the King of England Because as it is an absurdity in speculation so it is sinne in practice to deny the conclusion there they offend against Logique here against Religion also For whatsoever is not of faith that is not of judgment whatsoever wee doe against our owne reason and the light of conscience is transgression The matter of this discourse is of high concernment For as things now stand on it hang Heaven or Hell our salvation or eternall damnation If the King be the highest power you are bound to submit to him but if you have new Soveraignes if your fellow Subjects are become the Lords anoynted there may be some colour of justification Except this be proved you are altogether inexcusable as appeares in the last Section and therfore it will behoove you to hearken to Solomons advice My sonne feare thou the Lord and the King and meddle not with them that are given to change For their calamity shall rise sodainely Prov. 24. 21. 22. Certainely unconcerned men will thinke I have undertaken no very difficult taske The Kings Supremacy witnessed by out Oath If I can but perswade the Kings adversaries they have not forsworne themselves I shall recover them to due obedience but I must tell them if they were not perjur'd in taking the Oath of Supremacy not to mention now that of Alleagiance they are so in breaking it The words are so expresse that not any colourable glosse can be invented to excuse the violation of this solemne Sacrament I A. B. doe utterly testifie and declare in my conscience that the Kings highnesse is the only supreame Governour of this Realme and of all other His Highnesse Dominions and Countries as well in all Spirituall or Ecclesiasticall things or causes as Temporall c. I d● promise that from henceforth I shall beare faith and true allegiance to the Kings Highnesse His Heires and lawfull Successours and to my power shall assist and defend all jurisdictions priviledges preheminences and authorities granted or belonging to the Kings Highnesse His Heires and Successours or united and annexed to the Imperiall Crowne of this Realme So helpe me God and by the Contents of this Booke It hath beene replyed That this Oath is taken in opposition to the Pope to exclude the Supremacy usurped by him for many yeares They speake truth but not all the truth for there are two parts in it One negative by which wee professe that not any forraigne State or Potentate nor the Pope hath this power The other positive by which the Subject of this power is specified The Kings Highnesse is the onely supreame Governour of this Realme as in all Spirituall things and causes so likewise Temporall Both Ecclesiasticall and Civill supremacy are here asserted to be in the King It was not thought sufficient to tell who was not Supreme but they declare also who was When we had truly sworne the Pope out of this Kingdome what necessity was there to make the people perjur'd for certainely they forsweare themselves who solemnely testifie and declare in their conscience That the Kings highnesse is the onely supreme Governour if the meaning of those words be onely this that the Pope is not It concernes us as highly as our Soules are worth reddere juramentum domino to performe unto the Lord our Oath and not to lift up those hands against the King which were layd upon the holy Gospell in witnesse of our submission to him as the onely supreme Governour What desperate malice is it to expose our Soules to every Musket shot if wee fall we perish eternally This sad contemplation that wee stand on the very brinke of Hell ready to be turned into the Lake of everlasting woes by every sword every bullet will smite our hearts and make our armes feeble in the day of battaile what confusion amazement and horrour of conscience must needs seize upon all considering men Think upon the heinousnesse of parricide to murther a Father is a sin greater then any one is able to beare But to spill the bloud of our Soveraigne which they have done who fought against him for it is murderin Gods sight his goodnesse in protecting his servant doth not excuse their sin in endeavouring to destroy their King whom God commands not to touch and whose life we have sworn to defend with the utmost hazard of our owne and we have desired the Lord to revenge it in our destruction if we doe otherwise is of a much deeper dye For the King is Pater patriae a common Father to all without a Metaphor what ever power Fathers had over and consequently whatsoever honour as an effect of this power was due to them from their children he hath right to challenge the same of all And though we should joyne together King hath paternall powers from consent of the people and call our selves the Common-wealth we can no more lawfully dis-respect give law to resist upon hard usage or say he is lesse honourable then all we then children by agreement may dispense with their duty to their parents It was our owne act which united all particular paternall powers in Him and that these
are truly transferred and now really in Him is very evident because else we should be bound to obey our Fathers commands before those of the King For divine precept stands in full force Honour thy Father c. and therefore we musts confesse tam pater nemo est in terris he that begot us is not so much our Father as the King is It may be fit to take notice here that the supreme power of a State hath by our particular deeds and common agreement as much right over not single persons onely but the whole body as every Father had over not this or that child onely but his whole family and as he cannot be said though major singulis natis yet totâ prole minor so neither a King if this power be placed in one which is essentiall to a Monarchy minor universis Though a Monarch hath greater right and larger power then even all the people could bestow upon him for he hath potestatem vitae necis He hath power of a higher nature from Gods grant and this Fathers have not now over their children over themselves it can only come from him who hath dominion over his creatures and therfore the people must looke upon him not only as their owne but as Gods representative yet to say nothing of this and to deale liberally with our adversaries by supposing though I cannot grant their principles true concerning the originall of power being in the people I can demonstrably convince them by most plaine and evident deductions from their owne scheame I tooke this method in my Answer to the Observations that by joyning issue upon their owne grounds I might put a quicker end to the debate It would have required more time to shew at large The Kings power was from God which was proved in briefe and there as is this discourse it is acknowledged to be restrained by His own or His Progenitors grants potest enim Rex vim regni minuere and so of much higher nature then the contribution of popular Votes could raise it to it was aboundantly sufficient to prove that the people have not any legall power against the King The former is built upon this pillar nemo dat quod non habet the power of the Magistrate was not in the people considered severally and before civill society and in such a State as the Aborigenes are described by Salust genus hominum agreste sine legibus sine imperio liberum atque solutum a multitude not a nation and certaine wild routs without Laws without Empire free to doe or suffer wrong and loose from all positive obligations Not any one having jus gladii a right to take away the life of man it followes they could not bestow it upon another for what is not cannot be alienated And therefore the supreame Magistrate hath more power then the whole people and is vice Deus Gods vicegerent Let them take heed how they call Gods minister the peoples Servant God hath taken especiall care the Magistrate should be honoured and respect is due as to his not their creature The latter that the people have not any legall power against the King is as firmely supported by another pillar nemo habet quod dedit Suppose the originall of power in the people or as they love to speake suppose them the efficient cause of power which cannot be but by giving to one man in a Monarchy to a Senate in an Aristocracy a right to use their divided strengths Since therefore they cannot retaine what they have parted with nor have what they gave away he which hath all their power I may adde his owne particular besides must needs be greater and more powerfull then they The truth is he is in a Monarchy and they are in an Aristocracy the only fountaine of all power and justice Answer to the Observat pag. 10. This is as certaine as that there are some governments besides Democracy for it is essentiall to them what is that which makes Anarchy except this that every man hath right to doe what he will Demonstration from the difference of formes of Regiment in reference to any nationall Law The only meanes to avoyd this confusion is to resigne up this hurtfull liberty which is very prudently done upon choice but necessarily upon conquest if it be given to one wee call that State Monarchy if to few wee call it Optimacy if to very many who rule by turnes and are elected by the people wee call it Democracy There cannot be any other ground to difference the formes of Regiment Hence appeares the weaknesse of those discourses which have no other strength then the impossibility that the people can make one greater and more powerfull then all they which is understood not of their naturall this cannot be past away to another but politique strength that is the right of using their power this may be and is parted with except the Governement be a Democracy because Quicquid efficit tale est magis tale The reply to the Answer to the Observations confesses my argument concluding if it were true that the people had parted with their power pag. 6. upon this the determination of the whole controversie depends and that it was rightly stated by me will evidently appeare because unlesse the people have resigned up their power the Author can never shew how this State is a Monarchy It doth not alter the case that the King hath restrained himselfe from the use of this power to some purposes without their consent as for making new lawes or raising money for this limitation only makes such acts illegall but doth not returne any power into them whereby they may be inabled to raise an Army or to oppose the Militia of the Kingdome against him to compell him by strong hand to governe according to law If the subject of this power be the people who may meet together and lawfully determine for though he resolve all into the two Houses yet if he follow the consequences of his owne principle he must goe thus high what they fancy conducing to their own safety wee are cleerly falne back into Anarchy To avoid this confusion the Author places it in their representatives but it will come to the same thing by undenyable deductions from his owne grounds For the same arguments which are made against the King equally conclude against the two Houses since Quicquid efficit tale Arguments brought against the King conclude as much for the people against the Parliament est magis tale and that they are intrusted for the common good may be equally applyed to them and then King and Lords and Commons are Voted away at the pleasure of the multitude The summe of his Book is that the people retain their power and therefore may make resistance in case he governe not according to law and he is responsable for such breaches The proofe is He is intrusted for their good and there is a mutuall covenant
betweene King and people and this violated by him dissolves the compact I have in this discourse punctually examined these and what farther grounds of scruples I could finde in the replyer as will appeare more fully in the following Section Being to answer so many I would not trespasse upon the Readers patience by an exact view of his particular mistakes which might have beene confuted with great ease but with no great advantage to the cause to which I have spoken more closely and as fully as I was able I will discover to him one desperate consequence from his principle which it concernes him to blush and repent for There is a mutuall Covenant betweene King and People and the breach of it dissolves the compact if so his Crowne is forfeited and he ceases to be King de jure upon such violation which he is now charged with because they could not have any colour for taking up Armes but upon this pretence Therefore the plaine conclusion is it is no want of duty in them though they depose him for it is no injury to take away what he can challenge no right to his claime was by vertue of compact which is dissolved by his not standing to conditions and so the bargaine is unmade the bonds of allegiance are broken asunder The Houses have laboured to cleare themselves from this wicked doctrine by telling us the deposition of the second Edward and Richard was not to be numbered amongst the presidents of Parliament and that no free Parliament ever attempted the like and yet a private man dares publish such manifest Treason I am perswaded that the Author supposing a breach of covenant of His Majesties part and then telling us such a breach dissolves the compact was not fully apprehensive that this pernitious principle unkings his Soveraigne When he sees his treasonable errour he will finde that Logick ill managed is a more dangerous weapon then a sword in the hands of mad men To returne to further proofes of the Kings supremacy Kings supremacy further proved That which makes a State one is the union of supreame power and this according as it is placed in one or more persons gives denomination to the forme so that all those Acts of Parliament which confesse this a Monarchy are so many solid testimonies of the Kings supremacy The Answer is Though this be demonstrably true in an absolute Empire yet it concludes not in a mixt Monarchy I am very confident a mistake of this mixt Monarchy hath engaged many well-meaning men against the King to the overthrow of our Lawes which the simpler part are perswaded they fight for Honestâ voluntate rebelles sunt there are some who contribute their forces to destroy this Kingdome in behalfe of the Common-wealth The true meaning of that which is called a mixt Monarchy and they are so farre deceived as to be made unhappy instruments to advance private interests with publique hearts And therefore it will be necessary to discover their errour by which their unfortunate Country hath suffer'd as much as by the saults of others They have not any shadow of excuse to countenance their Rebellion from this distinction unlesse mixt Monarchy doe signifie either that the people in their diffusive body or by their representatives have a greater or at least an equall power with the King The reason of which is because inferiours by the acknowledgement of all have not any jurisdiction over superiours and equalls though they have not imperium right to governe yet if injur'd and they require satisfaction and upon denyall of it attempt to compasse it by force they are esteemed by the Law of Reason and Nations just enemies whereas Subjects if they make warre upon their Soveraigne though when wronged are worthily accompted Rebels First the diffusive body of the people hath not greater nay not equall power with the King because they have not any legall way of expressing themselves Our Lawes determine it Treason to enter into any association or raise a Warre without the Kings consent and much more against his expresse commands Secondly the representative body hath not greater nor equall power with the King The same argument overthrowes their claime for the people cannot authorize them to doe beyond what themselves were enabled to therefore if actions of this nature were unwarrantable in the diffusive body they are so in the representative Representative Body is not the People to all purposes It may be not unfit to observe that the representative body is the people onely to some ends and purposes whereto they were intrusted by them according to Law and therefore no illegall ordinances such as all those are which the King denyes to ratifie ought to be called the Acts of the people They are no more concerned in it then if they should take upon them contrary to Law to stampe and coyne money with the inscription of Senatis populúsque Anglicanus or to send Ambassadors or denounce warre against or enter into a League of friendship with forreigne Princes or bestow the great offices of State or dispose of Wardships or take to themselves a power to raise Armes without His Majesties consent Againe because they represent the people but to some purposes onely though their principles were firme as they are extreamely weake that the King is lesse then His Subjects conjunctim and that they collectively are more honourable then He c. yet they bring not the conclusion home to the two Houses Because it doth not appeare and they had no reason to take it for granted that the two Houses which they call the Parliament are the people in this consideration A Jury is the representative people as experience teaches and we may finde it in Sir Thomas Smith l. 2. c. 26. The legall answer to that interrogatory How will you be tryed is Dei populique judicio by God and my Country and the Clerke of the Sizes replyes Ecce tibi hi probi viri populum repraesentant and the Sophistry would be easily discovered if we should argue they are therefore more honourable then the King We may take notice also that their arguments are onely capable of concluding for the House of Commons and if they follow the necessary consequences of them they must maintaine the Lower is above the Upper House for the Lords sit onely in personall capacities being inabled thereto by the prudence of our Lawes which thought it reasonable they should have as great a share in the government as a negative voyce came to because they injoyed such ample revenues that they were likely not to agree to any thing prejudiciall to the present setled State I shall prove more fully in the next Section that those who represent Subjects and that but to some purposes and not the King to any for this would overthrow that fundamentall constitution of three distinct Estates cannot be equall to much lesse above their Soveraigne And that groundlesse invention which denyes subordination and introduces
good and ancient Lawes is interpreted a breach of Priviledges of Parliament appeales are made to the people the ready way to a universall confusion And they according to private information and mis-guided affections did once passe this sentence that to imprison without cause alleadged and to deny Habeas corpus's is no intrenchment upon the liberty of the Subject to bestow mens estates by whole sale and take away their Money Plate or Goods doth not destroy the property of the Subject To scorne and revile the Booke of Common Prayer against an Act of Parliament which severely punishes such contempt and to supplant our established doctrine and discipline by countenancing Anabaptisme and Brownisme conduces to the holy Reformation and will in time effect that great worke and settle true Religion Thus much by the way to shew that we cannot have any absolute security in all governments it is necessary to trust some body For if we should retaine a liberty to right our selves not to mention the fatall mischiefes of Anarchy and that it is probable this freedome would be frequently abused to our wrong selfe-love making men partiall in their owne causes the decision of controversies would be writ in bloud and we should lay a fruitfull seed-plot of civill warres contrary to the end of society which is to preserve publique peace though sometimes with private losse because though we suffer some things by injustice yet we enjoy great benefits by common tranquillity but in the ruine of the whole the rights of single persons must be destroyed The hazard likewise appeares much greater by inabling those to injure us whom the Law hath not intrusted with our protection To answer their objection fully who would perswade the people there is not any differnce betweene arbitrary government and government restrained by lawes if Subjects may not compell their soveraigne to the observation of them Greater security would undoe us For though wee suffer sometimes under reall greivances yet pretended breaches of our rights which can never be wanting as long as ambitious persons are discontented would have the same influence to stirre up civill dissentions and it is a more prudent course to oblige some to sit downe though wronged then to open a certaine way for Schisme in the body by indulging a most pernicious freedome of righting themselves It was wisely said by Seneca satius est a paucis etiam justam excusationem non accipi quàm ab omnibus aliquam tentari For Kingdomes are many times disturbed upon meere pretences There are such who will set their country on fire only to warme their owne hands by it and trouble the waters that they may the better catch fish that is who will pursue private interests with hazard of publicke destruction He that doubts this let him consult histories and he shall find it hath beene fatall to the best Princes to have the worst Subjects I appeale to mens consciences whether they have not read and perhaps scene the reigne of a most gracious Prince a Prince eminently mercifull and just branded with the odious name of Tyranny And when malice it selfe cannot blemish his actions when he is not so bad as they could pray for for they would have made great advantages if they could charge him with personall vices as unchast intemperate or negligent in performance of religious duties yet craft hath done their businesse and abused the peoples weaknesse so farr as to make them active in their owne ruine by that wicked Art of declaming against evill counsellours Of such dangerous consequence is it to open a way to civill warre upon pretended miscarriages in government But grant not fancyed but reall injuries Yet non tanti est civilia bella moveri It is true the people are then not so happy as they might be but to make use of force as a remedy will encrease their miseries It is certaine this Kingdome never suffered so highly under the greatest tyrant as it hath already by this unnaturall warre and who can tell whither it may not end in a universall destruction If a King be forced to conquer against his will who knows how farre he may be tempted beyond his naturall disposition It is a melancholly consideration that a peoples perversenesse may change a gentle Scepter into a rod of iron But if Subjects prevaile we can see no end of the warre Forraigne nations will be powred upon this unhappy land there will never be wanting at home a considerable party as long as there are either honest or discontented men to fight for the regaining his haereditary rights to keepe whom in awe our fellow Subjects will plead a necessity of being tyrants I could wish it were not already acted upon us first their will made necessity and then necessity makes their will the measure of right and wrong and destroyes all law their wants will give law to us and imprison us upon bare suspicion of Loyalty and seize on our estates for feare they may be honestly imployed Thus we see a necessity of trust and that we are bound not only in conscience but in prudence also not to revenge the not performance of it I can further make it appeare we have very good security as strong as humane wisedome ever invented that we shall live happily and therefore we have no reason to robbe our selves of those great blessings which we lately injoyed peace and plenty upon vaine feares and groundlesse jealousies of imaginary miseries Our forefathers did not distrust the sound temper of this policy and they injoyed the benefits of it in a high degree First the King hath sworne to preserve our Lawes our Liberties our Propriety and our Religion and he desires God so to prosper him and his as he performes this Oath unto the Lord who will require a severe accompt Wee may make a highly probable conjecture of the sincerity of his royall heart and the unfeignednesse of his many sacred Protestations from his miraculous successe If God had not fought on his side if the immediate hand of providence had not supported him in mans judgment he had beene swallowed up Secondly if he should command any illegall things the executioners of them are responsable and must make satisfaction to the injur'd parties And they cannot flatter themselves with hopes of impunitie for once in three yeares a Parliament will call them to accompt and they have a great Democraticall advantage for the obtaining justice Because the Kings wants cannot be supplyed without their consent and it is very unlikely he will deny any reasonable petitions or reject any desires but such as robbe him of his honour which is infinitely deare to him above plenty except they endeavour to make him worse then poore which cannot be by demanding justice it is most probable he will readily assent Thirdly His interests are the same with the Subjects They are not like two buckets when one is lowest the other is highest but they resemble the Head and rest of the
our hands we cannot thinke to reforme the abuses of higher powers is committed to us to whom is given no other commandement but to obey and suffer I speake alwayes of private men This truth clearely delivered speakes the goodnesse of the cause and demonstrates the unlawfulnesse of taking up Armes against the King though their supposition were true as it is evidently false that His Majestie did cast off the bridle of established Lawes whereas He doth hazard His Life and Crowne in their defence The quarrell is that he doth obstinately maintaine our good old customes and constitutions such as experience hath confirmed happy and beneficiall to this Nation and will not be over awed to make new Lawes such as private interests would force upon Him and the Kingdome This is a sure ground for conscience to rely upon and evidently destructive of most of their popular principles which have poysoned the affections of the Subjects It is not lawfull for us to correct ill Governours because this cannot be effected without resistance and all private men have direct precept against this that of obedience and patience This will speake home to the businesse when it will after appeare that all inferiour Magistrates opposed to the highest whose Delegates and Ministers they are are but private men In the meane while wee may hence discover the falshood of their principles viz. That the law of nature will justifie all resistance against injuries and for our owne preservation that no people is so mad as to contract to their owne ruine and therefore may resist any Magistrate if their lives be indangered the meaning is if they have offended against known Lawes which will certainly adjudge them to dye the Magistrate shall bring them to a legall tryall at his owne perill or to agree to be ill governed and therefore since there is a mutuall compact if Rulers performe not their duty the contract is dissolved and they are at liberty to right themselves and to governe their Governours and to fling the Pilot over-board if he wilfully steere upon the Rocks not by way of jurisdiction but selfe-preservation That the King is for the people and Governours are appoynted for the good of those that are governed and therefore Subjects are the more considerable men and greater and more honourable then those who are placed over them they bearing relation of the end Magistrates but of the meanes and so the safety of the people must give Law to the Magistrate if he will be peevish and protect them according to old Lawes when they fancy greater benefits from innovation that Quicquid efficit tale est magis tale but according to their grounds private men made all Magistrates for before they constituted some forme of Regiment by pactions and agreements they were but a multitude of men amongst whome none had jurisdiction over other the conclusion is therefore private men are more Magistrates and may call even the highest to accompt and force him to be responsable for what ever they judge abuse of power The grounds upon which our seditious writers doe argue are very contradictory in themselves and yet all of them conclude for Rebellion Some and I thinke the greater part confesse it is unlawfull for private men to resist the Magistrate though abusing his authority These must needs acknowledge the weakenesse of those arguments which yet they constantly presse and which prevaile most upon the peoples affections that it is a senselesse thing to imagine wee can be obliged to be slaves in case a King be guided by his Lusts not Lawes or not to preserve our selves against bloudy Tyrants For their determination is contrary that private men for want of authority to arme them are bound to suffer And Calvin is expresse lib. 3. c. 10. § 6. nullum magis praeclarum facinus habetur etiam apud philosophos quàm liberare tyrannide patriam Atqui voce coelestis arbitri apertè damnatur qui privatus manum tyranno intulerit They maintaine therefore though private men sinne in resisting yet if countenanced by inferior Magistrates then it is not Rebellion but a just Warre These may be clearely convinced if they will but consider that inferior Magistrates are such only in respect of those who are under their jurisdiction because to them they represent the King but in reference to the King they themselves are but Subjects and can challenge not jurisdiction over him Some state it thus though not private men not yet inferior Magistrates yet superior powers may bridle the exorbitant lusts of Princes by force of Armes this wee grant and therefore acknowledge that in an Aristocracy where the lawes place the supreme power in such a body of men what is done by their authority ought not to be resisted and if any one man take upon him regall power contrary to their constitutions he is a Traytor and may be cut off But this concludes nothing in a Monarchy Res apud alios acta aliis non praejudicat for their error is They make the two Houses the Kings superiors who themselves disclaime it in words and seeme to aske you who made them supreme Ruler for all their petitions which are the acts of them not as single men but as united bodies and considered unitivè not disjunctivè socially not severally carry this truth in the Title Your Majesties humble and obedient Subjects the Lords and Commons in Parliament c. which acknowledges their obligation to be under him and to say otherwise would be of dangerous consequence for if they be not His Subjects they put themselves out of His protection Some againe thinke it too grosse and absurd to maintaine that Subjects in any capacity are above their King and therefore a coordination serves their turne By which if they meane an equall right in the King and the two Houses of a negative voyce in respect of new Lawes to be enacted or old abrogated this is granted but will doe them no service and indeed it overthrowes their cause For as the King doth not pretend that he can make use of his power to make new lawes without their consent so by the same reason neither can they challenge a right of taking away our old Government without the Royall assent But if they meane by coordination a division of Soveraignty this is against the nature of it and a cleare contradiction So that if he be our onely Soveraigne there is no such thing as coordination if they be joynt-Soveraignes in what a miserable condition are we English-men who should be bound to impossibilities to obey three masters commanding contrary things They might as well challenge us to doe homage to them which is and ought to be performed onely to the King tum per id efficiamur homines solius illius cui juravimus as the Civilians determine and we cannot be duorum in solidum l. Si ut cer § Si duobus D. commodati Some and those the most desperate mutineers lay such principles as will
this licence was never allowed to women so fathers might abdicate their children not they their fathers women cannot unmarry nor the people unsubject themselves If any shall mistake with the disciples if the case be so it is good not to marry it is good to live without a King they ought to consider that God is wiser then they and best knowes how to order things for the good of mankind That I may if it be possible undeceave the misled multitude I shall grant if a people choose one man and bestow the name of King upon him yet if they retaine the supreame power in themselves and expresse it by making a law that in case he shall do such and such things he shall forfeit his right to governe then it is very lawfull to depose him upon breach of such conditions For then this state is a Democracy and the legall power is in the people Such a case is very possible for if the royall line in any Kingdome should faile there want one descended from his loynes to sit upon the throan then as a woman after the death of her husband is free to marry to whom she will in the Lord so the people may make what government they please they may call one King and place their Ephori or Demarchi and tribunes over him It is not materiall that this is not so wise a government for it is not prudence but such a consent not the understanding but the will of the people that constitutes the forme In such a state hostile resistance against him though called King may be a just warre because the law enables them to fight and the Prince may be a rebell and Traytour Let them prove that England is no monarchy that they are not bound to beare true alleagiance by a necessary obligation flowing from the civill constitutions of this realme that they may lawfully kill him whose life they have sworne to defend with their utmost power let them produce any law which gives power to English Subjects to traine array muster without the Kings authority that I may not say against his expresse command and to the end they may destroy him when they have done this and confuted their oathes of supremacy and fealty and made it appeare to the world they were forsworne I will cease to preesse them with that of St Paul you must needs be subject not only for wrath but also for conscience I will then direct my speech to the King and indeavour to perswade him to submit to the People under whom he governs But since they doe not so much as pretend any law but justify their Rebellion only by that word fatal to this Kingdome necessity and lay downe a Principall sit to disturbe the peace of all nations that when dangers threaten lawes must give place to discretion and the subjects birthright liberty and property must be sacrificed to a few ambitious mens ragioni di stato I thinke I am bound in charity to admonish them in what a desperate condition they are Those who resist shall receave to themselves damnation All that they gaine by mannaging the ruine of their Country will not countervaile the losse of their soules I remember the saying of the Prophet The prudent shall keepe silence in that time for it is an evill time Amos. 5. 13. But I value not safety in comparison of honest though weake endeavours to do service to the publike Some state it thus elective Kingdomes are subject to forfeiture but not successive These men give but small satisfaction because they build upon a very unsound foundation For succession is no inlargement of right but only a continuance of that which the first had elective Kingdomes are not forfeitable except there be some expresse law which places a power in the people to rule their King and governe their governour It is plaine the Roman Emperors though chosen were absolute and successive Kingdomes if there be any such expresse law are forfeitable it is as plaine the Spartan Kings who were haereditary might be legally deposed in some cases The unlawfulnesse of hostile resistance against the King of England is supported by a surer foundation viz. the knowne Lawes of this Realme strengthned by divine ordinance the necessity of our allegiance is demonstrable from the fundamentall Lawes of this Kingdome I shall onely desire my readers to consider the nature of this government and they must evidently discerne to fight against the King is Treason and Rebellion I will lay downe nothing but what sober men shall have as little reason to doubt of as to beleeve that the King was despis'd and scorn'd in order to be made glorious and that they endeavoured to kill him in order to his preservation So at Edge-hill but before they were more cruell and reserved for him something worse then death to live under their command Instrumentum servitutis haberent Regem they would make him the unhappy instrument to raise them to honours in the ruine of his good Subjects The Duke of Normandy invaded England with a potent Army and made himselfe King what our Lawes were under the Danes or Saxons by whom wee were likewise conquered doth not much concerne us to examine no more indeed then it doth to know the ancient Brittish Lawes and Priviledges which were taken away by them and the true owners were beaten out of their rightfull possessions and inheritances for he inverted the Government altered the Lawes disposed of Possessions to his Norman followers whose bloud runnes in the veines of our most ancient Gentry and made all as well English as his native Subjects feudaries to him so that he remained Directus dominus Lord Paramont or overlord in the whole Land that we may make no scruple of this truth the Lawes given us by him and which we are to live by now are written in his language However we state his entrance whither by the sword or to avoid the envy of that title by a voluntary submission of all to him as to their Soveraigne the conclusion cannot vary because the duty of non-resistance arises from their owne act they taking an oath to be his true and loyall Subjects It is objected If he came in by force he may be turned out by the same title De jure he cannot in this case Quod fieri non debuit factum valet for though conquest be a name of greater strength onely and be not it selfe a right yet it is the mother of it Because when the people are in their power for feare o● harder usage they passe their consent to be his faithfull Subjects and to be peaceably governed by such Lawes as he shall or hath given them This subsequent Act gives him a full right to the Crowne To speak to the present case he for his owne security and because it was the necessary meanes to enable him to protect his Subjects retaines the right to dispose the Militia of the Kingdome which continued in his Successours
even to this day though now violently invaded by Subjects through vertue of an Ordinance of which no times can afford a president and all Subjects of what condition soever were bound to doe homage and beare fealty to him which was inconsistent with taking up Armes against him That he might sweeten their subjection Quaedam jura pactis minuit he restraines his absolute right by compact bestows some liberties some priviledges upon the people who commonly nec totam servitutem pati possunt nec totam libertatem and these Acts of Grace he confirmes unto them by such security as should not endanger his person nor regall authority that is by promise and oath and not by giving to his Subjects legall power to un king him if he should not performe covenant knowing full well that though hee should not really breake it yet a pretence he did so might upon the first opportunity create a civill warre and therefore his Subjects had as little reason to accept as he to offer so pernitious security as would put both parties in farre worse condition for if Rebellion should be allowed in any case that case would be alwayes pretended and though the Prince were just and wise and religious yet ambitious men to compasse their owne ends would impute to him oppression weakenesse and that notwithstanding his exemplary practise in his publique devotions to the contrary he did but handsomely dissemble and favoured a false religion in his heart The method of that Rebellion in the reigne of Henry the third which made France extreamely miserable is very observable A factious party of the Nobility and Gentry a seditious party of the Clergy and an unfortunate party of the seduced Commonalty entred into a holy league against their lawfull Soveraigne upon pretence he was mis-led by evill Counsellors and favoured the reformed doctrine notwithstanding he was even superstitiously strict in his devotions in conformity to what the Roman Church enjoyned When potent Armies were raised ready to swallow him up yet out of a vehement desire to undeceive his people and to discover to the whole world the ungrounded malice of his adversaries in such unreasonable imputations he refused the honest assistance of faithfull Subjects because Protestants to his owne and their probable destruction Many of King Williams Successors did inlarge the Subjects Priviledges by divers Acts of Grace which they swore to maintaine but never gave them such security as should alter the nature of Monarchy by granting authority to their Subjects to force them to observe promises and to make satisfaction for true or fancyed violations Hence it appeares that the originall was conquest as it is of almost all the Kingdomes in the world which occasionally conveyed to him full right because they yeilded themselves and consequently what they had to the Victor the Lawes which he or after Princes made for the benefit of the Subject were severall limitations of this right and therefore where Lawes cannot be produced to the contrary there the Kings power is absolute and no speciall cases can be determined by the Subject to the Kings disadvantage The moderation of his power was by his owne compact which he could not violate without injustice yet the breach of it could not indanger his personall safety because he gave no jurisdiction to his Subjects to force him by strong hand to doe them right and if he had done so he had made himselfe in such cases their subject What ever we can claime as due now is by vertue of the Kings grant and therefore it is said by Hen. 3d in his ratification of the great Charter We have granted and given to all the free men of our Realme these liberties 9. H. 3. The whole Land was the Conquerours he gave part of it as a reward for their service to his Normans and other parts to the ancient Inhabitants and their heires after them yet so as he altered the tenure and made it descend with such burdens as he pleased to lay upon them They hold them but in fee and therefore are bound to certaine services and to doe such and such duties upon paine of forfeiture in case of Treason and Rebellion their lands are his owne againe and returne into his disposall If Subjects breake their Covenant and prove disloyall all their rights are forfeited by expresse Law if Kings breake their compact no forfeiture followes The reason of this inequality is because the King gave Law to the Subject the Subject did not give Law to him Exc. Another exception is If a King exercising tyranny over his people may not be resisted he and his followers may destroy the Kingdome Answ This is easily satisfied if we consider in what condition we were when conquer'd and how that to avoid a certaine ruine for he might have rooted us out for his better security and planted this Land with his native Subjects we submitted to an onely not impossible that is a most extreamely improbable destruction For it is an unheard of madnesse that a King should be such an enemy to his owne interests It is in our power to kill our selves and yet we are not affraid of our selves because there is a naturall dearenesse implanted in us which secures every one from selfe-wrong we have as little cause to be troubled that it is in his power to make himselfe no King by destroying his Subjects The King perishes in the ruine of his people and the man onely survives exposed to the hatred and scorne and revenge of mankinde Sint quibus imperes is a strong antidote against this unreasonable feare Secondly no policy can give an absolute security we must trust some body by which a way lyes open to a possible mischiefe but many most probable and certaine inconveniences are thereby avoided Thirdly we have good grounds to rely upon divine providence if we doe our duty for the hearts of Kings are in the hand of the Lord he will put a hooke into the nostrils of Tyrants and though we may be chastised for a tryall of our patience or punished for our sinnes yet he will not permit them to bruise his children to pieces Exc. We are bound by the naturall affection we owe to our Country to be active in restoring it to happinesse by removing such a curse from the land Answ We must not doe evill that good may come of it Some reply this precept obliges private men not Magistrates especially aiming at not any particular but the publique good a pious intention to advance this excuses from sin Certainely it will concerue all such as meane to goe to heaven they may as well tell us Magistrates may lawfully steale or commit adultery if they sin for the Common-wealth that is plunder in hopes to finde letters amongst malignant goods or lie with other mens wives to unlocke their brests and discover such secrets whereby they may more easily cut their husbands throats as being in their Catalogue of evill councellours or enemies to
the observations pag. 17. and again pag. 18. in answer to the 24. Hen. 8. cap. 12. The King is supreme head unto whom a body politique compact of all sorts and degrees of people are bounden and owe next to God a naturall humble obedience wee must not understand this that the body politique doth owe obedience but that the severall sorts and degrees of people of which this body is compacted and made that they doe owe obedience for to take it otherwise were to make an absurd and impossible construction c. If every particular man performe his duty of alleagiance as he stands obliged by oath let him oppose his met a phisicall body to the King even as he pleases If the body politique have not sworne allegiance or supremacy because it is a body only in consideration of law that hath neither life or motion like other invidualls p. 17. and for the same reason doth not owe homage and obedience p. 18. How is it capable of rebelling against the Head for it cannot fight but by the hands of particular men and all these are tyed up by divine law and their owne oathes 3. They acknowledge themselves his subjects as united in Parliament and if they should deny it they could not challenge any benefit from his royall protection 4. The lawes intrust him not the Houses to protect us 5. The Houses represent only subjects opposed to the King who is their superiour by humane and consequently divine law both as their naturall King and as Gods anoynted his representative 6. There is a great difference between the reall and representative all for though it were true as it is not that he were lesse then the whole people yet this would not bring the conclusion home to the Houses Who are the people only to such purposes as the law nominates viz. for consenting to Lawes or Taxes upon the Subject To all other purposes wherein Regall power is not expresly limited the King is the whole people and what he doth is legally their Act. Aristotle tells us of some Kings that had as full right over their whole realme as a popular state can have over it selfe and all things belonging thereto 3. pol. 14. To such an one that of the Tragaedian is truely and properly applyed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 You are the whole City the whole Common-wealth and therefore not responsable for any actions This shewes the falsehood of their principles Quicquid efficit tale est magis tale and constituens est major constituto c. for though they meane to make advantage of them only in this Kingdome yet they conclude against the possibility of making any King absolute which reason and experience have clearely confused For a people if conquered their lives and all they have being then in the hand of the victor or if in feare to be swallowed up by a more potent enemy they may and often have very prudently consented to place all the legall power of the Kingdome in one man that he may thereby be enabled to protect them and where the legislative power is unrestrained there the rule is absolute To apply this doctrine In those things wherein the King of England is not absolute as in the exercise of his legislative power and raising money without consent The Houses together with him represent the people but in such matters wherein he is absolute that is wherein he is not restrained by lawes which are but limitations of Regall power there he is Populus Anglicanus legally the English Nation For example sake I will instance in the power of making Warre and Peace if any take up Armes by vertue of any other then his Commission they oppose not the King alone but the King and People as People is to be understood in law for their hands are tyed up and all their legall strength is in the Kings disposall Let us examine their Argument The whole people are above their King therefore the Houses because they represent them The Antecedent I have shewed false because the whole people are but such a number of Subjects who can have no colour of pretence to be above him whom God and the law hath placed over them The consequence is as infirme and the reason of it fallacious for if representatives might challenge all rights appertaining to the persons by them represented then a Jury shall be concluded as honourable as the House of Commons and then too because the Emperour of Germany may challenge of the King of France or England not superiority for they are as supreame and independent Princes as he is but praecedence an honour due to the antiquity of the Empire for nations as well as persons injoy the benefit of primo geniture his ambassadours also might sit above those Kings which the Court of honour guided by the law of nations and reason would pronounce very absurd Againe they represent the people only to some purposes to make warre is none of them The King alone can declare the peoples mind in this case they have no legall way of expressing themselves but in his Commissions and therefore the warre is not betweene King and People but so many particular persons exceeding the trust committed to them against the duty of allegiance oppose both King and People It is very remarkeable that in the begining of these unhappy contrivances some multitudes appearing in tumultuous wayes what ever they desired or did was called the Act of the People providing for their own safety But after the sense of miseries had bettered their understandings to make them discerne this unnaturall warre was not like to improve the meanes of preservation many of them make a Covenant to live peaceably and honestly amongst themselves so in Yorkeshire long since and lately between Cornwall and Devonshire and now the Houses interpose and will not permit the people who were stirred up and encouraged to raise a warre against law to make a peace according to law let them trouble the waters as much as they please they shall be borne out in it but they must not thinke of setling them till they have done fishing This would be a breach of Priviledge The People are now forced to defend themselves and their goods violently taken from them for their security who might soone be happy againe if their friends would be lesse carefull of their safety It is well knowne who began to appeale to the People withall my heart if law must be suspended let them arbitrate the differences The certaine way to know their judgement and whom they apprehend to be a reall defender of what both pretend our lawes and propertie and liberty and the established religion is to cease plundering of both sides and leave them to their naturall inclination That side which confesses it cannot subsist without using violence and oppression and forcing their estates from them acknowledges that the people whom they pretend to fight for is clearly against them and they
an unheard of co-ordination such as creates Regnum in Regno and rents this Country into distinct Kingdomes shall be refuted Since what is called mixt Monarchy cannot give such a right as is pleaded for that Subjects should be free to wage warre against their Prince because this liberty makes two independent States which are not compatible in one body but would be as really distinct Kingdomes in England as Spaine and France are I will endeavour to declare the true meaning thereof If we speake properly there cannot be such a thing as mixtum Imperium a mixt Monarchy or mixt Aristocracy or mixt Democracy Because if there are divers supreame powers it is no longer one State If the supreame power be but one that is that authority unto which Le dernier ressort de la justice the last appeale must be made and against whose sentence though unjust we have not any legall remedy this must be placed either in one man who is the fountaine of all jurisdiction and then it is a Monarchicall government or in some Nobles and then the Regiment is Aristocraticall and the sentence of the major part of them becomes Law to all effects whether concerning our goods or lives or if the civill constitutions of a State direct us to appeale to the people this is an absolute and true Democracy By a mixt Monarchy therefore not to quarrell about words nothing but this can reasonably be understood that it is not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wherein the will of the Prince publiquely made knowne gives the Law Quodcunque Principi placet legis habet vigorem but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a government not arbitrary but restrained by positive constitutions wherein a Prince hath limited himselfe by promise or oath not to exercise full power This grant is of force because any man may either totally resigne or diminish his rights by Covenant Hence it is that in Monarchies all Kings have supreame power though they have not all the same jura Regalia their prerogatives are larger or narrower according to their particular grants For example our Kings have retained to themselves the rights of coyning money making great officers bestowing honours as Dukedomes Baronies Knighthoods c. pardoning all offences against the Crowne making warre and peace sending Ambassadors to negotiate with forraigne States c. and they have restrained themselves from the use of that power which makes new Lawes and repeales old without the consent of the Lords and Commons in Parliament as likewise from raising money upon the Subject without their consent Some doe aske How are we the better if we must suffer him to breake this Covenant as oft as he pleases it is the same thing not to have any Lawes and not to have provision for the observance of them First Difference betweene arbitrary rule and government restrained by Law notwithstanding hostile resistance unlawfull though in case of violation I must tell you this objection is answered by shewing there is a necessity that some body must be trusted It is no discretion to prevent a possible mischiefe by probable inconveniences if you will not trust one you must trust more that is if you are weary of Monarchy under which your fore-fathers enjoyed happy times and experience cannot cozen you though arguments may you know the way to cast it off by placing so many guardians over your Prince but have you any greater assurance then before Quis custodiet ipsos custodes They have as great temptations to faile their trust as he had and it is likely being warned by such a president of deserting your naturall Prince they may feare your inconstancy and upon pretence that you are subject to mistake and because they suspect you may be willing they will take such order you shall not be able to call them to an accompt But suppose this may not be and that those who suppresse Tyrants or perhaps excellent Kings under that name may not be frighted with their owne example to make use of their present power to exercise a greater tyranny for it is not impossible they should grow jealous too and tell you plainly they have no reason to trust you If you deny them money here is ground of diffidence your designe is to expose them to poverty so to contempt so to ruine But suppose I say nothing of this but that they will be secure amidst your jealousies which manifestly endanger their safety yet you will be forced at last to trust the giddy multitude who are alwayes weary of the present government because there are still some unavoidable defects and these are discerned by sense and they have not such depth of understanding as to foresee greater mischiefes which can onely be judged of by reason and therefore are easily perswaded to attempt a change so that your peace is built upon a very weake foundation you have no better security against a civill warre then that the greater part of the people will be discreet If things prosper not according to their wishes crafty men perswade them the fault lyes in those who have the managery of the publique and if these be not removed and honest and wise men meaning themselves put in their places their miseries will daily grow upon them A generall accusation of ill affected malignant persons wicked Counsellors is cause sufficient to out their supposed enemies of all preferments and put their pretended friends in their roomes This opens a gap to all confusion civill warre and most unnaturall distractions are the certaine issue of it Our owne lamentable experience confirmes this sad truth After you had obtained a perfect confirmation of all your ancient rights and liberties with a gracious enlargement of them by new grants and with such security as your fore-fathers were not acquainted with you are frighted with the possibility of a relapse To prevent which it was thought fit to take away the Kings power with which our Lawes had invested him as the necessary meanes for our protection because it was not impossible he might use it for our oppression Accordingly the Kings Navy His Forts Magazines and the Armes of the Kingdome are put into such as you would call safe hands I doe not aske with what conscience but with what judgement you did this The want of prudence was as great as that of honesty what hath beene the successe of confiding in those whom the Lawes had not intrusted are not your sufferings infinitely multiplyed are you not extreamely sicke of your remedy The tables are quite turned and your friends have undertaken the same bad game and play it much worse you onely make the stakes and are in a probable way to loose all that you have What one thing did you complaine of which is not exceeded by them your grievances are highly improved Magna Charta and the Petition of Right are now malignant they speake not the sense of the House but take part with the King To quote our