LONDON Printed according to Order by Thomas Paine for VVilliam Ley at Paules-Chaine 1646. The Peoples Plea Fully vindicating The POVVER and PROCEEDINGS OF THE PARLIAMENT Occasioned by a defence of the COVENANT Written by a reverend Divine That Rule is eternall Salus Populi suprema Lex The Peoples safety is the highest Law Jos Nor. The Peace-maker Sect. 22. Published by Authority LONDON Printed for ROBERT BOSTOCK at the Kings Head in PAULS Church-yard 1646. To the Reader Christian Reader LEt me desire thee not to mistake This small Tract was not written so much out of desire to perswade one Minister as out of hope that such motives wherewith my selfe was satisfied may prevaile with others also rationall men which are so doubtfull I know it will appear but as a little Skeleton a few sinews and bones without that filling of flesh and ornaments of learning which a better accommodation for books might have afforded Not many perhaps of my calling have been more verst in this argument or more averse from popularitie than I have been But I have ever held my course according as mine owne interest did seeme to lead me with the tide of that time nor did I want reasons out of Barkley Blackwood Bodine Hayward King James and others to work mee into a beleefe of some truth in those opinions For Facilè credimus quod volumus Especially two Achillean arguments as they appeared then the one from a Kings Supremacie which in a true Monarchy did seem unquestionable much more in such a Monarchy where it was sworne to The other argument from a Kings immediate dependance upon God But in these great differences of the State seeing so many wise and religious men of a different beleefe and being resolved to sacrifice to the Publike all mine owne poore private interest in Church-preferments I took off my selfe a while from those pre-conceptions and freely examined all from the verie originall and ground-work of all government and compared it with the practice of our own State where I found things much differing from what I did imagine before For indeed neither I nor many others did ever truly understand the nature of an English Parliament before It is verie true the King is supreme and we do sweare it in these two respect First in the ordinarie administration of the Government and execution of the Lawes and Customes of the Realme hee is the Supreme the Primuin Mobile the first Wheele that sets all the rest a going Secondly in relation to all other forraine Princes and States especially the Pope he is supreme Independent holding from none nor owing subjection or fealtie to any and this is the ground of our oath The Duke of Normandy heretofore and other free Princes of France were supreme in their owne Dominions in the former sense but were not so by the latter because they did owe homage and held in chiefe from the Crowne of France So doth not the King of England from any forraine Prince or Potentate in the world Yet upon examination I found all this Supremacie too short for our purpose and too weak a foundation to beare all that building which was raised upon it For I am perswaded his Majestie out of his wisdome will not deny for all this but that there is a greater and an higher Power within this Realme than his owne single For there is a Power that can oblige the whole Kingdome by Laws that can dis-oblige them again from Laws that can levie what taxes they shall think requisite that can take away the life libertie and estate of any man by a Legislative Power without any written Law I am confident his Majestie is more just and wise than to pretend of himselfe alone to this Power and Supremacie which is the highâ—st in England Beside the argument from Supremacie I did imagine as many others do that Kings hold their authoritie immediately from God But upon a review I cannot find any one Text in all the Scripture that doth avouch it Let me then entreat thee if thou be any way scrupulous in this point to lay aside all prejudiciall conceits and to examine the matter from the Originall sincerely and impartially no doubt but our good God being duly called upon will open thine eyes and heart to understand the verie truth which shall be my heartie prayer on thy behalfe The Peoples Plea To my reverend Brother c. SIR I Was troubled not a little to heare that you are so much troubled with the Covenant as that your taking thereof and leaving all your meanes are put in the ballance Your particular doubts if they were knowne might no doubt receive particular satisfaction Now at large I conceive that as the publike difference of the State so your private scruples may concerne either the Ecclesiasticall Government or the Politike power of king and Parliament In the former you are loth perhaps to vow the extirpation of the Prelacy In the other you may stick at preserving the Rights of Parliament and Liberties of Kingdome which are your owne with your estate and life which as some interpret is by a warre against the King that may seem unlawfull To begin with the former give me leave to aske whither you do thinke our Hierarchy to be prescribed by Gods Word as alone necessarie for the Church or only the best and most convenient but that other formes of Church government be lawfull and allowable as well as that If you conceive out late forme absolutely necessary and alone 1 You will finde it impossible to make good the whole frame of that Government by any Scripture Episcopacy it selfe Diocesan Episcopacy doth labour much in proving its Originall Title to be divine And the reverend Bishop who Jos Nor. The Peace-maker Sect. 6. undertooke that proofe doth now acknowledge this forme not to be essentiall to the being of a Church though much importing the well or better being of it As for Deanes and Chapters Archdeacons Chancellours Commisseries c. much lesse can they plead any warrant from Gods Word 2 It is too evident that this government hath been verie much abused by the pomp and pride the avarice and sloth of the Clergie by their too neare complyancy with the Idolatrous Church of Rome by their medling too much in Civill and State affâ—ires improper for their calling but especially by the abominable corruption and fowle dealing of Chancellours Commissaries Registers Proctors and Apparators in Ecclesiasticall Courts To say nothing of the Clergies dependance upon and flatterng service to the Kings Court in raising the Kings power to the prejudice of the Kingdome as it is generally conceived 3 By that opinion of the divinitie of our late Government you must needs condemne all other Protestand Churches especially those which are best reformed and most agreeing with us in Doctrine for want of that Government and Discipline which alone you say God hath appointed in his Church But I hope you will be advised better then to
ordained for their safetie rather than all should perish to save one Thou art worth ten thousand of us say the people * 2 Sam. 18. 3. to King David but not worth thirteen hundred thousand * 2 Sam. 24. 9. for all that It is true the meanes materially may be better than the end But I say as meanes they are subordinate and inferiour Now a King or Governour in his best notion is but a meane for the Subjects happinesse It was indeed our Saviours infinite but voluntarie goodnesse that being in the forme of God c. hee would so far emptie and debase himselfe as to be the meane of mans salvation Let us hold to humane or naturall means I know it is objected the King is the Head and Highest therefore no way inferiour How the King is the Head and Supreme is elsewhere declared But a politike Head is much different from the naturall This being taken off the body dyes Till that all government be taken away the politike body dyes not However the Head bee highest in place the Body is above it in dignitie especially because it beares the Heart the principall part by Aristotles Philosophy Fountaine of Life Mint of the Spirits and prime Seat of the Soule Thirdly if this were the condition of Government at the first institution it must be the condition of all just and lawfull Governments unto this day the Rule being eternall of Salus Populi and wheresoever there is any failing or defect herein there is so great a declination to Tyranny more or lesse And therefore it is most considerable how a Kingdome began or what prerogatives and authoritie the King had allowed him from the beginning if all be employed and referred to this maine end all is well and the Government good otherwise it doth regenerate and may be corrected however it began Fourthly the naturall end of Government needs not be set downe in a written convention or compact as some * Consc satisfied Sect. 3. would have it For beside that when Government began in most Nations they had no writing at all It is impossible to imagine or conceive that reasonable creatures should submit themselves to the rule and command of others for no end or any other end beside their owne good This cannot then but be supposed in all Governments though no such convention appeare in writing Fifthly if this end be disappointed and they which have authoritie and power given them by the people for the peoples good impugne crosse and hinder the same by spoyling oppressing and destroying them that power and authoritie ceaseth ipso facto there needeth no resuming of it as some would have For being given in relation to an end that end failing the meanes do fall of themselves Nor can it be supposed that any reasonable creatures would give authoritie and power against themselves and to their owne hurt or intended at first to continue the same to their owns destruction which was given only for their defence and preservation It fares too often with States as with the Horse in the Fable Non Equitem dorsâ— non froeâ—um depulit ore He took the saddle for defence But hath been jaded ever since Men are not tyed to the ordinarie Law of Horses but if Bellerophon will drive his Pegasus up to Heaven an unnaturall course Pegasus may be bold to turne off his Rider upon the earth Sixtly the peoples safety being the end of all just Governments if that should be invaded by the Governours or Kings themselves whom they have trusted over them some meanes must needs be allowed them to preserve and recover the sâ—me Otherwise mankind may easily be frustrated by fraude or violence of the maine end for the preserving whereof they subjected themselves to Rulers and that without all remedy which as I conceive ought not to be supposed Now in such Kingdomes or Governments as have Parliaments Diets and such full Assemblies of the States these meanes of preserving Salus Populi are more plaine easie and expedite then elsewhere because such generall Assemblies can both judge truly of such wrongs and breach of common Liberties and readily provide remedies for the same both which are more slowly and hardly done where such publike Assemblies are wanting and therefore they be much more subject to tyrannies and oppressions then the others are But whensoever it appears unto the Kingdome or Bodie of the people clearly that the Governours in stead of procuring their good and safety do spoile and oppresse them as the obligation of rule and and subjection is presently void the end failing upon which it was grounded so they have liberty to provide for their owne welfare either by reforming what was amisse or by limiting and qualifying the Authority and Prerogitives of those Rulers or removing that Government or those evill Governours in case of extreame necessity and placing others is more hopefull meanes for the publike good In all which they may lawfully make use of their owne Strength Power and Armes or any other as occasion shall require For that the chiefe end of all Government ought not to be frustrated and dis-appointed D. Fearne argues because elect Monarches did succeed Paternall Government therefore they succeeded in the same right and condition free from coertion and removalls as fathers were and so meant under the names of fathers in the fift Commandement But how followes it because they followed Fathers therefore they did follow in the same condition every way Fathers have a naturall obligation and a naturall affection strangers have not so Fathers have no other Interest but their childrens good strangers have no it is certaine that never Fathers had any jurisdiction and power of the sword or if ever they had and grew tyrannous it s as certaine their children might cast off their Government though not their Fatherhood As for the fift Commandement it belongs no more to Kings then other Governours yea and Teachers Masters and other Superiours whereof none so unmovable as Parents Seventhly and last of all That end must regulate * Reckerm System Log. lib. 1. cap. 18. Canon 4. de fine ult ex Aristot Polit. 1 6. de Caelo 2. â— 74 all the meanes so as they may best conduce for the attaining of the same The King then being but a meanes his Authoritie and Power must be regulated accordingly as the people shall think meetest for their owne safety and therefore in our State as the Kingdom or people have 1. Intrusted their King with the chaâ—ge of seeing the Lawes executed and obeyed which are provided for their safety so they have given Authority to the Parliament by a neerer trust both to devise and make new Lawes abrogating the unusefull and declaring the doubtfull and obscure with the Kings consent in all who is the chiefe Minister in executing the same 2 So likewise to visit and correct all abuses in the State yea to examine the Kings owne proceedings whether he hath rightly discharged his
great trust and to controule his actions in case they swerve or decline from the bias of the publike good and here is the Physick I speak of 3 Which controuling if it be withstood and find strong lets and opposition they may lawfully take up Armes without and against the Kings will upon occasion Fourthly and lastly in case there should fall a difference between the King and his Parliament upon or concerning the Premisses it is the safest way for a subject both in conscience and common wisdome to adhere unto the Parliament I know you may doubt of and question all these four particulars according to those principles of Divinity and State which a great faction of your shire and some other places have ignorantly followed I will therefore endeavour to make them all good and clear severally thus That the King is intrusted by the Realme with his Authoritie doth appeare partly because from thence he hath his power partly because he cannot receive his Authoritie or Power from anie other and lastly because the Kingdome hath received a Superiour Authoritie to examine and controule his proceedings The first reason is The King hath his Power from the Kingdome and therefore his Authoritie I must crave leave to distinguish these termes which commonly are confounded and obscure this whole businesse Authoritie then is a right or lawfulnesse to command and to challenge obedience such as all Governours and Magistrates have more or lesse But Power is a lawfull ability to force obedience if upon challenge and command it be denyed These are two different things because they may bee and are many times separated One may have a just and lawfull right to command that wants compulsive meanes for coertion Others may have great strength to force commonly called power that are destitute of authority to command and power is that which in all Governments bears the greatest sway and therefore in the Scripture Rom. 13. and elswhere it is taken concretively for the Governours and Magistrates themselves which have power at command to force obedience unto their commands Now there is no doubt but the King hath full authority to command according to law all such as by law are subject into him But if upon his commands obedience be denyed whence I pray hath he a lawfull ability to force it whence hath he power to make his authority good but from the people of himself he cannot have it being but one man not having the strength of anie more whereas this ability doth require the strength of many Vis unita fortior vis omâ—ium unita fortissiâ—… many hands are abler then one but the hands of all ablest of all To keep a strong guard for this purpose especially of strangers Aristotle and all that write of Politie will tell you that it is the propertie of Tyrants nor is such ability Pâ—testâ—s but Vis violence not power because unlawfull And to keep an Army on foot continually under other pretences thereby to affright and force his subjects is little better Therefore the Kings power must needs come from his owne peoples hands and strength and from the same people must needs come his authoritie therefore If any other should give him authoritie that were not able to make it good by power it were given him but in vaine nor were the people bound to make that good which themselves give not Whence he hath his power then from thence he must needs receive his authority also even from the Kingdome Nor indeed can hee receive it from any other I heare some speak and preach and write also but see no proofe that Kings have their authoritie and power immediately from God And sure if they could fetch downe fire from Heaven as Elias did or strike men dead with the breath of their mouths as S. Peter did for disobedience I should grant their power descended immediately from Heaven But wee neither see nor heare of any such miracles wrought by Kings No power then immediately from God and therefore no authoritie otherwise than all other Magistrates have For as by Gods wisdom Kings do raigne and Princes decree justice Prov. 8. 15. Even so by the same do the Nobles rule and all the Judges of the earth ver 16. And Rom. 13. 1. There is no Power but of God that is as it is expounded in the same place not only ordained but ordred by God secundùm sub supra in severall ranks higher lower Kings then have their power from God no more than inferior Governours Caesar * Ioh. 19. 11. no more than Pilate So far as God approveth of and hath ordained all Societies of mankind and Governments and Governours both high and low so far all authoritie and all power that is employed in discharging and maintaining the same is in generall from God but immediately from the People executing the Ordinance of God And therefore S. Peter Eph. 2. 13. sayes plainly thus Everie Governour both high and low supreme and subordinate is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an humane ordination or creature Now then to answer as the Doctor does that this is taken subjectively in regard of the power it selfe which is from God causally and placed in man as the subject or els to be understood of the qualifications and severall waies of executing that power in severall termes of Government These may seem rather shifts then solutions or expositions the former being strained against the former meaning of the words the latter such as it is not likely S. Peter ever dreamt of being both against the straine of Interpreters For were it so that God immediately gave unto Kings their ruling power First no other forme of Government were lawfull so that Aristocracies and Democracies being humane inventions as Dr. Feanne * Consc satiffied Sect 3. sayes would have no warrant from God for their proceedings and for want of such divine authoritie and power as many â—elons as they executed so many murthers they committed and as many fines or mulcts as they levied so many robberies Mee thinks our neighbours the States of Holland the Swissers Grisons and free Cities of Germany should not rolish well this new doctrine Secondly if Royall Authoritie came altogether from Heaven it should by right be the verie same upon all the earth But we find it far otherwise no two States in the world allowing their Princes the verie same authoritie in all points In some things perhaps the Spanyard hath more than the English in some others the English more than he the French more than both the Dane Swede Polander and Scottish lesse than any of them The Turk Chinoys and other such absolute Princes more than all these Yet all Kings Do some I pray take lesse authoritie than God allowes them or do others take more How may it be knowne how far Gods allowance goes No Scripture doth resolve it And I presume there came no Angell from Heaven to order it These limitations and qualifications of power Dr. Fearne
take up Arms without or against the Kings will And true it is in some sence Understand the right thereof and then judge For private men of their own heads nay more for Magistrates Officers Governors be they never so many never so great which derive their Authoritie from the King and therefore in respect of him are as private men to raise a War by their own Authority without him much more against him is legall Rebellion But the Parliament derives their Authoritie not from the King though he be entrusted with assembling and dissolving them no more then a Trumpeter gives authority to fight when he gives the Signall But all their Authoritie doth come from the Kingdom whereof one part is present personally the Nobles and the other part by their choice Atturneys And all these have so much a neerer trust from the Kingdom then the King himself as all their private Interests are more concentrick to Salus Populi the publick good For the King hath a proper center of his own to move about he hath private ends and different Interests from the people for his Prerogatives and Family In regard whereof though he hath a very great trust yet may they not in any discretion give him so neer a trust as to the Parliament And therefore the Parliament taking up Arms and authorizing others for their own defence being threatned hindered and disturbed in their proceedings and Salus Populi the common Liberty not yet secur'd which had lately been so much wrong'd they are no waies liable to the charge of Rebellion nor any that joyn with them to vindicate the Kingdoms Interest but those rather who presume to turn the Arms of the Kingdom against it self and against the Parliament for discharging faithfully and zealously that trust which the Kingdom hath reposed in them Now against the former private men and others of Authority that hold from the King the Scriptures which are alledged commonly out of Rom. 13. and other places may have place and the Statutes of the Realm also But against the Parliament who themselves are of those higher powers whereof St Paul speaketh no Scripture doth speak nor hath any Statute force You may demand perhaps why the Parliament never took up Arms before if it be a thing so lawfull T is true Though in behalfs of Parliaments much blood hath been shed in this Land yet hath it not been usuall for the Parliaments themselves to manage a War because it hath been hitherto in some sort impossible For the Kings having the trust of calling and dissolving have ever used to call slowly and dissolve speedily upon the least offer of distaste I remember an old ryme to this purpose Much complain'd of little amended Subsidies granted Parliament ended so that many of the common sort beleeved there was no other use of nor busines for a Parliament but to grant Subsidies No thinking for them of a War that were so uncertain of their own continuance Now these present Arms were begotten by Necessity and brought forth by Opportunity The Parliament intending a through-reformation and corruptions being grown to a great head through so many nullities and so long discontinuance of Parliaments they were not able to compasse their intents without the discontents of many For to redresse publick Inconveniences it could not be but many personall mischiefs must be endured in private This bred great store of Malignants and they threatned great stormes of danger to the Reformers At last the King himself was drawn away with intent to disturb all by Arms as did appear by the L Digbies Letter by the Kings guard as some * call it raised at Ysrk and other discoveries Now unlesse the Parliament would suffer the wheel to carry all back again with violence which they had done and expose themselves and heirs to utter ruine for their good service they must needs defend themselves and their proceedings and secure their own and their Countreys safetie with the Arms and power of the Countrey which had entrusted them Yet had they undertaken this all in vain if Gods providence and their own wisedom had not extraordinarily provided them an opportunity For if things had stood as heretofore the King might have suddenly dissolved the Parliament and exposed them all to the fury of discontented Malignants But they seeing at first what a Hydra of corruptions they were to encounter withall in a through-reformation obtained of His Majestie an Act for continuation of this Sitting untill they had finished all their designes Having this assurance they resolved to venture the hazard of a War rather then to betray their own and the Kingdoms safety 'T was not their desire but fear Being unwilling and forc't thereunto according to the goodnesse of their Cause God hath prospered their endeavours and judged on their side And it may be well hoped this short War will occasion a long and a happy Peace It is the travail of our Kingdom for the time painfull But when the Man-childe is born into the world and the thorough-reformation perfected no doubt but there will be much and lasting joy over the whole Land for the short sorrow that it hath endured Fourthly Now to come unto that which was proposed in the last place In such a difference betweene the King and Parliament as now is fallen that it is safer to trust our selves on the Parliaments side both in conscience and wisedome thus it may appeare 1. Though it were doubtfull or obscure on which side the justice of this Cause did stand yet let us consider that the highest point of Supreame authority in this Kingdom doth consist in repealing and making of Lawes As for executing them after they are made with other circumstances of government calling Assemblies * Dr Fearne Cons satisfied Sect. 4. Treating with forreine Princes sending Embassies Appointing officers of state and Judges of Courts c. In all which the Parliament also may interpose if they sinde it expedient for the common safety these are but small matters in comparison of enacting obligatory Lawes This highest and Supreame authority of the Realme is placed in a full Parliament though for the execution of Laws and ordinary Administration the supremacy be in the King alone and also in relation to the Pope to forreign Princes and States as the oath of Supremacy and Alleagiance doe declare And this full Parliament doth consist of three parts the King the Peeres and the House of Commons But they must all agree and goe together Neither the King and Commons without the Nobility nor yet the King and Nobles without the Commons can doe it Now in such equall and coordinate powers if upon a difference one should stand against two is it not safter in Conscience for a subject to joyne with two of them against one then with one against two especially to joyne with those two which have the neerest trust of preserving our liberty safety recommended to them Secondly The Parliaments cause doth cleerly appeare to be more justifyable For all their proceedings have been warrantable as by the first ground of all government in maintayning populi salutem the publicke good so according to the setled constitution of this kingdome in reforming grand enormities and when they could not otherwise secure themselves or the kingdome in taking the power of the kingdome which had entrusted and authorized them to make their Acts good against Delinquents and Malignants all such as went about to reverse or disturbe their proceedings and destroy their persons On the other side the King deserted them purposely to joyne with such Delinquents and Malignants in armes against them to hinder them and in them the publike good What then can there be safer for a mans conscience to rest upon then the goodnesse of a cause in such a maine difference The Parliament did but their duties and for doing that were in danger of utter undoing The King voluntarily forsooke them with intention as it is conceiv'd to have destroyed them had He prevailed Was it not just then for them to defend themselves with the power of that kingdome in whose cause and service they were like to suffer Lastly in ordinary wisdome is it not fitter for one of us ordinary subjects to adhere unto those who maintaine our Interests and liberty of whose Assemblies our children may be members then to venture our lives and fortunes for the Prerogative wherein neither we nor our children have any hope of Interest but is rather prejudiciall and to the great disadvantage of us and ours as it hath been managed Nay more for us to desert the Parliament by neutrality who doe hazard their lives and estates for us and our good without any private hope or end of their owne much more to appeare against them to the hazard of our owne lives and fortunes can it be any thing better then foule unthankefulnesse and extreme folly By this time I hope Sir you have receiv'd so much content and satisfaction to the principall doubts that petty scruples shall not worke upon you so far as to make you liable to those two illiberall vices T is true They are not many yeares since you left the University where young wits doe use to dreame of nothing but Bishopricks and Archbyshopricks But you are become a man and put away childishnesse you are setled in a place where to do God his Church and your Country service I know your meekenesse and ingenuity is far from their ambitious humour who rellish nothing but Dignities in the Church and Court preferments contemning the meane rusticity of countrey ministers I pray let these men themselves enjoy their humour Doe you but follow your owne quiet and milde temper I doubt not but what I have written may prevaile though for want of time and bookes not written with that diligence as the weight of the matter did require Let me intreate you seriously to consider of these things And the All-wise God give you a right understanding in them all So prayeth Yours c. FINIS
entertaine such a conceit as may occasion so great a breach between us and all the true Churches of God as if we alone were to set up ladders and go to heaven other Nations some for want of true Doctrine others of Government and Discipline excluded all But if you do allow of other formes of Government as no way crossing but agreeable to the Word of God why should it be any scruple of conscience in such an indifferent case to joyne with the maine body of this Kingdome in pulling down the Prelacy as an old decayed house which is no way necessary but hath been much abused and given great offence to many yea conceived to be inconvenient for the safety of the Kingdome and in setting up another forme agreeable to Gods Word more safe and pleasing to the people of the Land and more complying with the best of the Protestand Churches abroad for you may observe how ever you vow your best endeavour to extirpate the Hierarchy which the better and more religious sort of the whole Land have much and long distasted yet you do not vow to set up any other particular forme but onely in generall the best according to the Word of God and example of the best and Reformed Churches Which me thinks everie good man should desire and endeavour of himselfe though no Covenant were proposed much more should he joyn with his whole Countrey going before him and calling for his assistance Perhaps you may thinke to come unto the other maine point that there wanteth authority sufficient in these proceedings you may scruple at joyning in a Covenant much more in Armes and there to hazard your life and state against the King as it seemes to many And here indeed there will be some worke to perswade you to a right understanding of things so much hereto sore has the Kings power been cried up especially by the Clergie the choicest flowers of whose preferments did onely grow at Court and the Parllament cried downe as fast especially by such as were desirous to prey upon the Kingdom without controule Now then first I say that neither the Covenant nor the Arms are taken against the King but for him both In the Covenant it is exprest To defend the Kings Majesties person and authoritie And the Armes do speake as much being stiled for the King and Parliament however the king being mis-advised by evill Councellours do seeme in person to appeare against them But had there been any evill intention against his Majestie there might have been set up another Majestie before this time For my part I am undoubtedly perswaded if he should really and fully comply with his Parliament he should have as glorious a Government but far more easie contented sweet then hitherto he hath ever enjoyed A Physitian giveth his Patient a potion that seemeth bitter and he is verie loth to take and if the disease be unruly he is bound too without any evill will or meaning to wards him but only for his health and good Eares that have been long acquainted with the descanting musicke of flatterie will at first much distast the harsh and plaine notes of truth though indeed more truly harmonious I know verie well there is no passing for me thus It will be demanded Who made the Parliament the Kings Physitians Or how may any Subjects take up Armes though not against his Person yet against his will Yes If truth may be spoken without offence whereunto the Statutes for Treason heretofore gave small freedome The Parliament may be called the Kings Physitians and may also take up Armes especially in their owne defence against his will for his or the Kingdomes good Take wee that common Axiom for the ground of all that Rule eternall as the Peace-maker * Sect. 22. sayes which in a Kingdome where tyranny prevaileth not is unquestionable Salus populi suprema Lex The good and safetle of the people and Kingdome is the most fundamentall Law of all government There cannot be well conceived any other aime or end wherefore people should choose them Kings or any other forme of Rule but only for their owne defence and well-fare and certainly not for the good of their Kings or Governours primarily but only in relation to their owne and as it is involved in the common good of all What Tyrants aimed at who forced men under their subjection as Nimrod and the like it is no way materiall to speak of when we deale upon lawfull and just Governments such as our owne A learned Doctor * Dr. Fearne in Conscience satisfied Sect. 5. pleading the Kings cause though hee hath heaped many errours about the originall of Government which as occasion is offered I shall discover yet seemeth ingenuously to grant this Axiom That the safetie of the Common-wealth is the highest end and unto that end all other are meanes and that the Higher Power ought to minister unto that end And the Apostle * Rom. 13. 4. doth plainly speak as much He is the Minister of God for thy good that is the good of the Subject of the People The Minister of God he is called because of Gods generall Ordinance the Minister of man also hee may be called because of the particular whereof St. Peter speaks Submit your selves unto all manner Ordinance of man To say Kings are the ordinance of man subjectivè or for the qualification of their power may seeme rather a shift than a credible exposition or answer It is not likely St. Peter did dreame of either Now this being granted that the well-fare of the People governed is the originall and finall cause of all Government and Governours even of Kings see what building may be raised upon this foundation what consequences depend upon it in generall and so we will descend to our owne particular First it followeth hence That the Kingdome is not ordaided for the Kings use benefit or good but the King is ordained for the Kingdomes use as the chiefe and supreme ordinarie meanes to precure the Peoples well-fare and safetie For that millions of men of the same mold and temper should be ordained for the benefit of one as it is most unnaturall and unreasonable so doth it relish too much of the Tyrant and Slave Secondly If the Kingdome or Peoples safetie be the highest end and the King only the chiefe ordinarie meanes provided for this end as the end is more noble * Keckerm System Log. lib. 1. cap. 18. Canon 5. de fine primario ex Aristot mag mor. 1. 7. and excellent and to be preferred before the means as they are meanes so is the whole Kingdome superiour to the King and the King though Singulis major universis minor Lesse than all in generall though greater and above all in particular And therefore in case it were necessarie either for the King alone or the whole Kingdome to be destroyed who will not think it more just and reasonable that one should save all being
* Consc satisfied Sect. 3. sayes are meer inventions of men But is it lawfull for men to limit or qualifie that which God himselfe hath otherwise and more fully ordred Certainly if this be unlawfull as it cannot be otherwise if God himselfe be the immediate Author of Royall Authoritie then all the Realmes in Christendome do verie much offend For in all the absolute power of Kings is limited though in all diversly This is acknowledged to proceed from the People as correcting Gods Ordinance which without all doubt is not in any Peoples power to do And therefore all Kings may take upon them nay ought indeed to take upon them an absolute and arbitrarie power nor is it any treason to perswade them therunto if that be from God and these limiations qualifications meere inventions of men I know not whither wee shall run anon by following this new doctrine Yet some where I have seen thirteene I cannot say proofs they were so weak but offers to make good the immed … Commission of Kings from heaven all so short and wide from the mark that I should wrong the Reader to repeat them For either in generall they show that Kings all Goveronrs indeed are authorized by Gods generall Ordinance the particulars of them assigned by God his especiall providence or els they concern Moses and the Kings of the Israelites which doth no way concerne other Kings when I heare such an expresse testimonie for others as I read Deut. 17. 15. for those Kings Thou shalt make him King over thee whom the Lord thy God shall choose it will be credible to me that God hath an immediate hand if not in their authority yet in their personall assignement And till we have some more likely proofe then hitherto I have seen give us leave to suppose still that those men who have limited the authority of Kings by their owne confession did first give the same I find no proofe at all that such authoritie comes from God till then I may well suppose that those men who have limited the authoritie of Kings did at first give it Last of all if the King were not entrusted with his Command by the Kingdom how could the Kingdom have Authority to examine and controll his proceedings in the discharge thereof But this Authority they have and do entrust the Parliament therewith as now I am to prove upon the second point upon which the former point will necessarily follow Secondly that the Parliament hath full Authority from the Realm to examine the Kings proceedings and to controll them if irregular that is either trespassing against the known Laws or otherwise encroaching upon the Subjects liberty and safety common experience and the continuall practise of Parliaments doth make it evident Indeed his Person they do not strike at and to blemish his dignity and honour they do spare all that may be in the eyes of Subjects and strangers that he may still retain his full glory and lustre both at home and abroad And it is presum'd that he does nothing personally and therefore nothing against the Laws but onely by Ministers and Agents But all his unlawfull acts by such Ministers they do reverse and punish the Instruments themselves though immediately commanded by the King Now this they can no otherwise do but as they are authorized by the Kingdom whereof the Noblemen are a part themselves the House of Commons chosen by the Commons of the Land Nor indeed can they well have any other abuses to reform but such as the King either commands or approveth and connives at For all others commonly are redressed by the King and ordinary Courts of Justice But such enormities as grow at Court either by command or toleration and connivence the Parliament onely can redresse And therefore have Courtiers so much possest His Majesty against Parliaments as if they did eclipse his Glory because they may not themselves grate upon the Subjects and play Rex quietly without question and censure of Parliament Dr Ferne * Cons satisfied Sect. 4. seems to allow the Parliament no Authority but onely an assentin making Laws with His Majestie But this power of visiting the publick abuses both in Court and Kingdom is every whit as great and as necessary a Power for maintaining of Salus Populi And beside the command of the Subjects purses in granting of Subsidies which onely belongs to the Parliament is a great and very considerable Authority As for making Laws if wee le speak properly the King doth rather assent to them who bring the Acts ready penn'd and Voted then they to him Certainly a great providence and blessing of God it is that we have the benefit of Parliaments to purge out such corruptions as will daily grow in so great a politick body Otherwise in a few yeers as by dear experience we have lately found by the flattery and craft of mischievous wits working for their own covetous and evill ends the liberty of the Subject and the safety of the Realm would be quickly undermined and overthrown Thirdly But if the Parliament should be withstood or disturb'd if opposition made to hinder them in reforming the abuses of Court and Countrey and providing due means for the safety of the people which was my third point must they sit still then and quietly suffer such abuses as they can not reform And shall the safety of the State suffer through their weaknesse and disability No doubt but Salus Populi the welfare of the Realm which is the chief end of Government ought to be better provided for then so If such obstacles come in their way as can not be removed by ordinarie means no doubt but the Kingdom is to allow them power to make the Authority good where with they have entrusted them and to preserve their own safety Otherwise the Authority is all in vain because every opposition and disobedience may hinder the execution and discharge thereof and so the publick weal may suffer without all remedy As Philosophy saies Frustra est potentia que nunquam reducitur in actum Such a natural faculty is in vain which cannot be actuated so is that Authoritie in a State which every disturbance may frustrate and disappoint Now as Aristotle sayes of God and Nature so it is to be presumed of a Kingdom that it doth nothing in vain and therefore that together with Authoritie it gives power also having all the power in its own hands to enable the discharge thereof This power can be no other then Posse Regni the Militia of the Kingdom Quid enim contra vim sine vi fieri potest Forcible opposition must have forcible resistance This Posse Regni then in case of necessity the Parliament may and ought to raise and employ even without the King if he do crosse himself or joyn with such as disturbe them in their proceedings I know here comes in a great out-cry against Rebellion as if it could be no lesse for any to