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 quà m 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
the crosse of our Saviour by taking up carnall weapons I wish from my soule all such as pretend to the Reformed Protestant Religion had beene unblamable in this respect and that they had rather chosen to manifest their christian then their martiall spirit Wherever armes have beene lifted up against their lawfull Magistrates though they were unjustly afflicted for the testimony of a good conscience I cannot excuse them from resisting the ordinance of God who would have beene glorified in their martyrdome I am sorry to meet with objections drawne from the unwarrantable practise of some which doe not conclude you innocent but that others were likewise faulty I am certaine the primitive Christians were better catechised and wee read the same doctrine of true patience in their lives as in their schooles which taught them to take up Christs crosse and to follow him in that yoak in which he drew They fought not against their Arrian Emperours in defence of the Nicene Creed no rebellion was undertaken by them under colour of preventing their consciences from being forced which is indeed an impossible thing we may be robbed of our goods we cannot be plundered of our religion Did not Christianity thrive upon persecutions Sanguis martyrum semen ecclesiae The bloud of the Saints made their surviving brethren fruitfull in good workes Their patience wearied the cruelty of their adversaries and gained innumerable converts who began to suspect christianity was true when they saw it so powerfull as to make the professors live with so much innocence and dye with so great meekenesse and to neglect all earthly interests in expectation of Heaven Exc. Though private men should not yet Inferior Magistrates may force him who hath the Supreame power to rule according to justice and the established Lawes Answ The same reason which disables private men from righting themselves concludes likewise against inferior Magistrates that is want of Jurisdiction For if opposed to him whose authority only can alter the nature of revenge and make it justice for inferior in superiorem non habet imperium they are but private persons It is an unreasonable impossible thing that men should be obliged to obey two Masters commanding contrary duties because this would impose upon them a necessity of sinning which must be layd upon him who was the author of that necessity And therefore God hath appointed a convenient subordination in all authorities Vt sol delet minora sydera as the lesser lights are extinguisht by the greatest Luminary the fountaine of all light so minor jurisdictions must give place to him who is the fountaine of justice If God command one thing the King another wee must be obedient to divine ordinance because wee cannot be subject to mans command for conscience sake against him who hath the sole authority to oblige conscience So if the King command one thing and his Ministers inferior Magistrates another wee must submit to regall power either by obeying or suffering because they can challenge our obedience onely by virtue of his authority and this cannot be set up in an hostile way against his person Whether it be reasonable to obey the Kings Officers who can doe nothing but in his name against the King judge yee Souldiers are bound to execute the commands of their Captaine yet not if they are contradicted by their Colonell and he must not be obeyed against an expresse order from the Generall In thus doing St Augustine and reason also assure us wee despise not the power but choose to submit to the higher lesser Magistrates have no just grounds of complaint if we preferre the supreme for in reference to the highest their magistracy ceases and they become our fellow Subjects Let every soule be subject to the higher powers saith Saint Paul We must obey the King and His Officers also as they represent the King for quod per officiarios facit per se facere videtur and they must be obedient as well as wee as they represent Subjects Thus Nehemiah receiving commission from Artaxerxes armed his countrey-men against those who governed under the King Saint Peter very appositely differences this duty in respect of King and Magistrates Submit your selves unto the King as Supreme but unto Governours as unto them that are sent by him and derive their power from him and are His Ministers to execute His commands 1 Pet. 2. 13 14. Exc. It is objected but very impertinently if a King command against established Lawes and inferior Magistrates according to the Law they ought to be obeyed Answ This comes not home to the case I grant obedience to the Kings command against law is unwarrantable but this doth not conclude the lawfulnesse of hostile resistance Wee doe our duty in submitting to His legall will though against his Letters or words of mouth for he hath obliged us so to doe and by his owne grant hath restrained his right to recall and abrogate Lawes except by advice and consent of both Houses in Parliament If He be offended without cause we are bound by christian and civill constitutions to submit though to His unjust wrath If they meane to conclude their owne innocence they must frame their Argument thus If a King command against Law and Magistrates resist according to Law wee may without guilt take part with them This is true if they resist according to Law but this cannot be in a Monarchy for if the Lawes grant a right of resistance in any case when that case comes the Monarchy is dissolved for those who are enabled to take up armes against Him are His equalls or colleagues at least the union is destroyed and they are not to be esteemed Rebels then but just enemies because they cease to be Subjects They cannot vindicate themselves from Treason and Rebellion except they can produce some Law of England which dispenses with their Alleagiance in such cases and shew that our civill constitutions are so framed as to make Bellum Civile Bellum utrinque justum a Civill Warre a just Warre of both sides in the law notion which cannot be except there be two supreme authorities to proclaime and manage it That this is not so the Houses shall give testimony against themselves for they acknowledge themselves in their addresses to His Majesty His humble and loyall Subjects assembled in Parliament Exc. Another maine exception and which they most triumph in is this I will deliver the words of one of them who hath expressed it the most fully As it is a Parliament it is the highest Court of Justice in the Kingdome therefore hath power to send for by force those that are accused before them that they may come to their triall which if I mistake not power inferior Courts have much more the highest 'T is out of doubt agreed on by all that the Parliament hath a power to send a Serjeant at Armes to bring up such an one as is accused before them and if they have power to send one Serjeant at
Armes then twenty if twenty be accused and then a hundred then a thousand then ten thousand if ten thousand be accused and so more or lesse as occasion serves for there is the same reason for two as for one for a hundred as for twenty for a thousand as for a hundred and take away this power from the Parliament and 't is no longer a Parliament But the King and His Forefathers have by Law setled these Liberties of Parliament and therefore according to Lawes they have ae power to send for by force those that are accused to be tryed before them which they cannot doe unlesse they raise an Army when the accused are kept from them by an Army Master Bridge in his Wound consci pag. 6. Answ First the House of Commons is no Court of justice it hath indeed by speciall priviledge for it's better regulation power over it's owne members to imprison or turne out and this power though at any time abused against justice and equity and contrary to the trust reposed in them both by King and people as if men should be committed for delivering their opinions freely because their reason was not so happy as to concurre with the sense of the House which may possibly be the passions of the major part or if some should be accused and others past by though of knowne guilt in the very same particulars as having an hand in monopolies c. and so not the cause but the person he made the measure of right wrong yet this misused authority hath the effects of justice and right makes the act legally valid But the House of Commons hath no jurisdiction over those who are without except at most in case of breach of Priviledge it cannot judge or condemne any no not so much as examine upon oath so that the argument is the Parliament that is the House of Lords as the highest Court of justice may legally raise an army without the consent nay against the command of the King it concludes too without the consent and if they please against the expresse will of the Commons declared to the contrary This doctrine once since this Parliament sate would not have been so pleasing to the lower House that they would have taken care for printing it by Order from their Committee There was a time when one of this House professed openly he hoped to see that skie fall too and the Lords were put in minde they sate but in personall capacities whereas Knights were shires and Burgesses were townes and Cities and therefore it was thought fit to give them warning and to admonish them to take heed how they thwarted the representative Kingdome Secondly by the same reason Judges of inferiour Courts out of Parliament at least may raise an army to fetch in delinquents if the framers of this objection had consulted with those Sages they would have better instructed them in the lawes In cases of such high consequences it was the custome of the House of Peeres to advise with these Oracles to take directions from them at least to know their opinion and the reasons of it because they had employed their whole time and studies to finde out the true meaning of the lawes Thirdly To discover their mistake and the inconsequence of the argument There is the same reason for twenty as for one and so for an hundred for a thousand for an army c. The reason is not the same because when a few are sent out the administration of justice doth not indanger the common peace But because a warre doth put the whole Kingdome in manifest perill of being ruined therefore when either reall delinquents or pretended to be so are so many as to make the tryall doubtfull the liberty and right of inferiour Magistrates to fetch them in by force is in this case restrained by expresse lawes which provides very prudently that no warre shall be made except authorized by the supreame governour And therefore also the lawes permit the King to pardon all offences against his crowne and dignity supposing he will doe it as sometimes out of goodnesse of nature so sometimes out of the strength of his understanding because not mercy only but wisedome and prudence may prevaile with him to forget offenders when they are so potent that the uncertaine punishment of nocents for the worst cause may prevaile as in the case of the tribe of Benjamin so Victrix causa Deis placuit sed victa â—atoni must be bought with the unavoydable destruction of many innocent and gallant persons Wherefore Serjeants at armes and officers may be sent by the House of Peeres and consequently by Judges of inferiour Courts and ordinary Justices to force delinquents to appearance though their crime ought to be specified for to call them malignants or delinquents is no legall charge if they be not so many as that they make such resistance as cannot be punished without an Army for a civill warre endangers all and begets more faults then it punishes and therefore the lawes referre the ordering of the common-wealth to him who is supreme least inferiour magistrates violently carried on should out of indiscreet zeale to justice expose the Kingdome to contributions plunderings and thousand remedilesse injuries more greivous then those they seeke to punish Exc. Warre against the person of the King is not resistance of the higher power but warre against his authority only Buchanan right Non igitur hîc Paulus de iis qui magistratum gerunt agit sed de ipso magistratu h. e. de functione officio eorum qui alis praesunt dial de jur reg Answ This separation of the officer from the office which hath created bella plusquam civilia the King in this army fighting against himselfe in the opposite army is made without all colour or shadow of reason for though the authority of the King be some times where his person is not yet his person cannot be where his authority is not This is evident by the 25. Edw. 3. c. 2. which makes it Treason to compasse the Kings death by which must be meant to endeavour his personall ruine because Regall authority never dyes in England I have shewed formerly that by not resisting powers is meant not resisting persons invested with such power For when Saint Paul hath forbid to resist the power he explaines it by adding a reason drawne from the persons in authority to encourage them to obedience for Rulers are not a terror to good workes and so after for they are Gods Ministers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the masculine gender which cannot be applyed to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that he might leave no ground of scruple but plainly instruct us that honour is due to their persons and that all resistance to their persons is sinne because of their authority Saint Peter is as cleare Submit your selves to every Ordinance of man for the Lords sake whether it be to the King as Supreme or unto Governours
variance with it selfe There being no way to effect this naturally they reduce themselves into a civill unitie by placing over them one head and by making his will the will of them all to the end there might be no gap left open by schisme to returne to their former confusion Because the wills of men though the fountaines of all voluntary actions yet are not themselves the objects of choice for we cannot will to be willing this would be infinite but to performe what is commanded and so are not capable of being obliged by compacts therefore this submission of all to the will of one or this union of them agreed upon is to be understood in a politique sense and signifies the giving up of every mans particular power into his disposall so that he may be inabled to force those who are unwilling upon some private ends to be obedient for the common good otherwise they would enjoy the benefits of others faith in observing lawes and the advantages of their owne violations and breaches which may probably be prevented if penalties be appointed much greater then the profit which can come by their disobedience because as men are naturally tempted by hopes of good so they are as naturally deterred by a certaine expectation of greater evils Thus also by transferring every particular mans power into the hands of one is not meant a reall laying downe and naturall translation of their strength because their nerves and sinewes are not alienable as their money and goods but a consent and mutuall obligation as of all to one whether he be King as in a Monarchy or some Nobles for they are one too as in Aristocracy so of every one to each other of not using their naturall power but onely as Law shall require that is of not resisting that body in which the supreame power is placed as likewise of aiding him or them by vertue of that promise or of that oath according to the nature of the contract when be or they summon their strength By what is layed downe may be discovered the weaknesse of their second principle which hath done most mischiefe and till it be thoroughly rooted out of mens minds the seed is still left behind from whence rebellion will spring the falsehood whereof I thought fit to manifest in relation to the peace and quiet of Christendome and the world in generall it not at all concerning His Majesties case who was so farre from offering violence that it was the extraordinary mercy of God upon this land that did enable him to defend his life against it his Magazines and forts and Ships that is all his civill power being taken from him and an army actually raised against his personall strength for His Majesty had not granted one commission to raise a man when they began their defensive warre so that Lucans expression might seeme fitted to this Kingdomes misery Parque novum fortuna videt concurrere bellum Atque virum The doctrine is the law of nature will defend us whomsoever we kill though the King in our owne defence and we are acquitted by that principall vim vi nay some goe higher and make it unlawfull not to resist even the highest authority it being a sinne against nature c. whom the examples of the holy Martyrs and of Christ himselfe doe clearly confute though they cannot satisfy them I will breifely answere it as meaning to enlarge my selfe thereon in the following discourse It ceases to be lawfull Native right restrained by positive obligation after we have made our selves sociable parts in one body because we voluntarily and upon agreement restrained our selves from making use of this native right and the renouncing this power by mutuall compact will appeare very consonant to sound reason whether we looke upon the benefits insuing thereby or the mischeifes avoyded For it is a more probable meanes to the attaining that very end in relation to which they plead for it the preservation of particular persons Prudentiall motives for parting with some rights of nature without power to resume them Upon this condition of obliging our selves not to resist publique authority in requitall for this submission of our private strength we are secured by the united power of all and the whole Kingdome becomes our guard And it is most likely we should be lesse exposed to injuries when that impartiall and equall measure of right the known law is by this meanes maintained The evills which would flow from this licence to resume our power against contract are infinite Our owne feelings too fully instruct us in the sad effects and I doubt not but the wearinesse of our present sufferings and the expectation of growing mischeifes will be powerfull beyond rhetorick to perswade us to value highly the publicke tranquillity I am confident if the people of this land whose eyes have beene opened of late and they are now sensible that to continue violences to His Majestie hath introduced a necessity of oppressing them and that they are bound to be undone in order to the injuries to their soveraigne were able to deliver themselves from their defenders we should suddainly be restored to happinesse and it would be as hard a matter to engage them in a civill warre when they had againe tasted the sweetnesse of plenty and quiet as it is to perswade them to agree to peace who challenge a legall power by the title of warre to dispose of the Kings and Subjects revenewes at pleasure As reason induced men to enter into such a Covenant and to lay a mutuall obligation one upon another not to resist authority upon what ever grounds whether of fancied or reall injustice but to submit their actions and persons to the ordinary triall though it might possibly happen that some particulars would be sentenced unjustly because a farre more considerable good could not be obtained unlesse by agreement patiently to submit to this possible evill since the common peace and quiet cannot be effectually provided for if it shall be indulged to any to appeale from the Lawes to themselves and to judge their Judges So honesty and religion strictly bind them to preserve their faith intire and this contract inviolable The paines I have taken to lay open by way of introduction to the view and examination of all that desire reall satisfaction the foundation upon which rule and Subjection are built will appeare not so delightfull as it was necessary And it is no otherwise in the workes of Art operum fastigia spectantur latent fundamenta passers by admire the superstructure when that strength which supports the most elegant piles lies deeply buried in the earth and unregarded It were very strange if any man should be so prodigiously weake as to suffer himselfe to be perswaded to remove his chambers and galleries into a healthier aire a pleasanter prospect and more commodious Situation and yet the same unreasonable advice is hearkned to concerning the civill frame The foundation upon
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
Members and the Head cannot thrive by a consumption of the Members Illegall gainings from the people are shifts rather then true policy they may serve a present turne yet are not worth the price at which they are purchased envy and discontents wheras the gratitude of the Subject is a constant and cheerefull patrimony When the King like the Sunne in consideration of what is drawne up from them shall returne it in plentifull showres and the blessings of a just government which makes a Land fruitfull Upon these grounds wee have very good reason to promise to our selves a happy government our hopes are much above our feares especially after his greater experience of the unfortunate consequences of some miscarriages and the strange blessings upon his strict observation of the certaine and knowne Lawes They that require fuller information in the nature of this government may finde ample satisfaction in Stawnford Dyer Crompton and Sir Edward Coke That the King is the fountain of all justice and consequently that the Lawes have placed the supreame power in the Crowne I have chosen rather to shew it out of Bracton a man worthily famous for his knowledge in the Civill and Common Law because the booke is lesse common and I finde his authority often abused to justifie their cause Sciendum quòd ipse dominus Rex qui ordinariam habet jurisdictionem dignitatem potestatem super omnes qui in regno suo sunt Kings Supremacy proved out of Bracton habet enim omnia jura in manu sua quae ad coronam laicalem pertinent potestatem materialem gladium qui pertinet ad regni gubernaculum Habet etiam justitiam judicium quae sunt jurisdictiones ut ex jurisdictione suâ sicut Dei minister Vicarius tribuat unicuique quod suum fuerit Habet enim ea quae sunt pacis ut populus sibi traditus in pace sileat quiescat ne quis alterum verberet vulneret vel male tractet ne quis alienam rem per vim roberiam auferat vel asportet ne quis hominem mahemiet vel occidat Habet etiam coercionem ut delinquentes puniat coerceat Item habet in potestate suâ leges constitutiones assisas in regno suo provisas approbatas juratas ipse in propriâ personâ suâ observet subditis suis faciat observari nihil enim prodest jura condere nisi sit qui juratueatur Habet igitur Rex hujusmodi jura sive jurisdictiones in manu suâ lib. 2. cap. 24. § 1. And againe ea quae jurisdictionis sunt pacis ea quae sunt justitiae paci annexa ad nullum pertinent nisi ad coronam dignitatem regiam nec à corona separari poterunt cùm faciant ipsam coronam The english of it in briefe is this The King hath supreame power in all civill causes and is super omnes over all persons over the body politique all jurisdictions are in him the materiall sword of right belongs to him and whatsoever conduces to peace that the people committed to his charge may lead peaceable and quiet lives The power of holding Assizes is derived from him and of punishing delinquents For Laws were vainly enacted if there were not some body enabled to protect us by defending them c. These conclusions are naturally deduced from his premises To dispose the Militia of the Kingdome without the consent of the Soveraigne and much more against his expresse prohibition is illegall To issue Commissions by any other authority then his for killing and slaying or taking mens estates by force is against the known Lawes and to forbid the holding of Assizes upon whatever pretence of advancing the Subjects property by stopping the course of Justice is destructive of the rights both of King and Subjects He defines the Sword lib. 1. cap. 8. § 4. lest Subjects should thinke it lawfull to take it up in their owne defence without his authority significat defensionem regni patriae it is the right to defend the Kingdome Populi salus the safety of the people the pretence of which hath ingaged them in a likely way of ruine cannot dispense with our Lawes which have enabled onely him to protect them It is not possible to speake more home then he hath done in the fifth Paragraph Omnis quidem sub rege ipse sub nullo nisi tantùm sub Deo Parem autem non habet in regno suo quia sic amitteret praeceptum cum par in parem non habeat imperium Item nec multo fortiùs superiorem nec potentiorem habere debet quia sic esset inferior sibi subjectis inferiores pares esse non possunt potentioribus Ipse autem Rex non debet esse sub homine sed sub Deo sub lege quia lex facit regem All are under the King and the King is under God only He hath no equall in his Realme no coordination here because then he could not command all for amongst equalls there can be no Empire Therefore much lesse are any his superiours or can challenge greater power because then he would be under his Subjects c. The King ought not to be under man He is under God and the Law because the Law makes him King The last words though advantage be made of them and Fortescue is quoted to the same purpose can afford no just ground of scruple for he explaines himself within a few lines Lex facit regem signifies no more then that of the Roman Emperours Adeò de autoritate juris nostra pendet autoritas l. digna c. de legib The meaning may be extended thus farre That the people had a hand in the conveyance of their divided rights into him and he may now challenge them by vertue of their owne agreement and by divine right also but as presupposing this consent because God doth not immediately dispose of Kingdomes now and conquest signifies greater force not juster title that oft times gives possession and a subsequent compact creates a true right I doe not deny but that conquest in some cases may be a lawfull way of acquisition the provocation may be so great that persons and estates are forfeited to the victor but because the will is not capable of being forced it doth not follow he hath got a right over their goods and bodies therefore they are His Subjects and owe to him obedience For to be subject being a morall bond where God doth not lay upon us any obligation as the duty of children towards their Parents doth not depend upon choice it can only flow from our consent But this consent of the people was not an adequate cause but a necessary qualification to make him capable of receiving a larger commission from God The Sword of Justice is blunt the peoples agreement could not put an edge upon it to cut off offenders this is done by the Magistrate as Gods delegate That the
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 oâ— 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
the Kingdome may not runne the hazard of being ruined for want of supplementall lawes and therefore when the King is perverse and will not joyne with them for the common good they have full authority without him This would conclude as strongly for the power of enacting lawes without the King which the Houses have disclaimed It is true this legislative authority is exercised under another name let the Authors answer for practising what themselves have expressely disallowed For it is but small satisfaction to the injur'd Subject to tell them they challenge not a power to make standing Lawes but onely temporary Ordinances That is they will take away their estates for the present and then their votes shall be no longer binding was not this the reason why such Proclamations are justly accompted grievances as doe intrench upon the Subjects liberties or property The Subjects are equally miserable whither their birthright the lawes of this land are overthrowne by Royall Proclamations or Ordinances of one or both Houses Coordinata se invicem supplent Coordinates supply each others failings therefore if one refuse the other two are enabled to doe it without him By the same logique if the King and House of Lords joyne the consent of the House of Commons is legally supplied and they may constitute what they please without them This is the evident doctrine of it which yet is commanded by the House to be printed If the King had sayd this it had beene the greatest breach of Parliamentary priviledges that ever had beene made Posterity will have no reason to be thankefull to them for disputing themselves out of the right of a negative voyce onely that they may with some small colour making use of an accidentall advantage the major part of those few Lords which remaine in the House now joyning with them take away from the King what is as much his by law as the crowne he weares his right to reject any Bill never questioned by our Ancestors and it is very strange it should now Sir Thomas Smith tels us quibus princeps derogatum vult haud pluribus verbis utitur quám le Roy aut la Royne s'advisera quaeproptereá extincta penitus abolitaque censentur l. 2. c. 3. descript Ang. If the Kings deniall did not extinguish them all those bils which have slept for many ages as laid downe by our knowing forefathers out of a necessary modesty and a just valuation of their Soveraignes right would rise up lawes to the extreame confusion of the present governement And secondly if his authority must be involved or swallowed up in their votes if his part in Parliament be the same with the flatterers in the comedy Ais aio negas nego if he be but a State eccho it is manifest he hath not so great a hand in the managery of his Kingdome as the meanest fellow who hath but 40l per annum freehold for he governes by proxy whereas the King is represented by none and yet must not speake for himselfe and for his owne Interest which is altogether the same with the publique The greatest security the Subject hath that equall lawes shall be preserved is from his negative voyce The interests of the major part in the House of Commons may be opposite to the good of the Kingdome in generall For if we reckon those many that serve for and are or would be in future elections if the power were thus enabled to effect what ever advantageous designes of Corporations and those few in comparison who serve for Shires we shall easily beleeve the priviledges of Cities and Townes may be inlarged by them to the great discouragement and losse of the honest farmer and painefull husbandman So the Burgesses for the West are so many that upon an unanimous conspiracy amongst themselves and labouring some single persons who may be easily wonne out of relation of acquaintance friends or kinsmen or their inadvertency and not fully weighing or not understanding the consequences of it they may easily carry by vote what is very beneficiall to themselves though extreamely prejudiciall to the other parts of this Kingdome To goe higher it is very easy to conceive that the major part of the lower House may be very meane men chosen to make more profitable lawes for the poorer sort and to keepe the Gentry under by laying subsidies and all burdens of the Common-wealth upon them not without a specious pretence that they spend more in superfluities then would discharge all publique expenses and exempting themselves from all payments as being such who take great paines and worke very hard even for necessaries The possibility of such a choise is apparent because consideriug how small meanes are required to a capacity of voting in the election of Parliament men it may perhaps be more warily ordered hereafter by the wisedome of that great Court who may thinke it fit to raise 40l per annum freehold to such a proportion as that estate was valuable at in the first constitution when the scarcity of money made it a competent fortune the greater part of those which choose them are poore contry-men and beggarly tradesmen Such a choise then is very possible neither is it improbable if Parliaments shall be governed by these new principles For the reason why such an election was never yet made is this such a power was never heretofore challenged as could enable them to goe through with any such designe If either the Lords perceived any motion from the Commons disadvantageous to themselves or the King thought it prejudiciall to the publique and so necessarily unprofitable for him as if the merchant should be discouraged by laying too greatburdens upon forraigne trade or the Clergy impoverished by taking away those meanes which should make men able and keep them honest it was presently rejected and so not to be stickled in further sitting that Parliament If some factious spirits wrought upon their discontents and perswaded them to passe nothing whether by granting subsidies or consenting to new lawes which might be beneficiall for the present State till they received satisfaction in their desires though such a perversnesse which I suppose onely and doe not say it ever was might be very unhappy for the Kingdome for by making the King poor it would probably put his friends upon some unwarrantable courses whereby to supply his wants and this would create a misunderstanding betweene him and his people and breed ill humours which fomented by crafty men would breake out in such violent distempers that there would be a necessity of calling phisitians These politique phisitians when once entertained in such an extremity will be sure so to manage the disease that they will be paied as much as they please to demand They will desire such offices such commands not for themselves but onely in order to the recovery of their patients The deniall of which shall put the people in danger of a relapse and they will prescribe the wayes of prevention
which States are setled overthrowne if the people be made Judges of their safety and allowed to use any meanes which they fancy conducing thereto without any consideration of the ground-workes Populi salus suprema lex is the Engine by which the upper roomes are torne from the foundation and seated upon fancy onely like Castles in the aire For the safety of the people is really built upon governement and this destroyed the other non jam aedes sed cumulus erit will be soone swallowed in the common confusion but this is evidently and demonstrably ruined by these principles For government is an effect not of a people 's divided naturall powers but as they are united and made one by civill constitution so that when we call it supreame power we impose an improper name and have given occasion for mistakes yet I shall not endeavour to alter the common use of speaking but onely to prevent a misunderstanding of it because indeed this power is simply one and when it doth expresse it selfe by one person or more according to different formes who yet are but severall parts of one governour there is not left in the Kingdome or Common-wealth any civill that is any legall power which can appeare in resistance because all of them have bound their naturall hands by a politique agreement Hence it followes those that will allow any power to Subjects against their ruler let it be Liberty to resist those in whom the Law places jus gladis the right of the sword destructive to the very nature of governement one man or many united by one common forme which is the consent of the major part and this is not capable of division do thereby dissolve the sinewes of government by which they were compacted into one and which made a multitude a people and so breake the Common-wealth into as many peices as they have set up opposers against it For there cannot be two powers and yet the Kingdome remaine one This is that which distinguishes Francs and England and Spaine from one another because they have three powers legally distinct and are the same in relation each to other as three particular men meeting in some wildernesse and considered as not having agreed to any Lawes of Society I am fully perswaded no sober man can imagine the policy of this State is so defective as to open a necessary way to its owne ruine that is to divide the Kingdome legally in it selfe and therefore it must necessarily be granted those that take up armes being not authorized so to do by law are guilty of rebellion and the consequences of it murder and rapine It is very easy to determine whom the Law hath armed with power because not any part of the people not the two Houses but the King alone is sworne to protect us which is an evident argument he is enabled to effect this end and that the necessary meanes to compasse it which is the posse regni is at his disposall By these generalls throughly digested and rightly applied we shall be able to rule particular decisions I shall desire one thing especially may be remembred as which hath great influence upon all cases Though what is truly the right of any one doth not cease to be so naturally by anothers sentence to the contrary yet after positive constitutions upon a Judges decision he can challenge no title to it because by his owne deed and consent he passeth it away in that judiciary determination And equity and prudence both dictate that it was a most honest and reasonable agreement as conducing to publique peace and the quiet of mankind that persons publikely constituted and more unconcerned in the decisions should put an end to all debates Because otherwise the controversie was not likely to be ended but with one of the parties For each man out of naturall favour the strongest corruptive of judgement inclining to his owne Interest there was nothing left but force to determine it There cannot be a more unhappy administration of Justice then when strength is made the measure of right and when all Iudges are bribed as passing sentence to their owne advantage §. 1. THe following Section shall be spent in proving the proposition by which the consciences of all Subjects must be directed It is unlawfull to resist him or them in whom the supreame authority that is all the legall power of the Kingdome is placed and no dispensation grounded upon what persons soever as inferiour Magistrates or upon any cause as the extreame abuse of this power to their oppression can excuse such resistance from the sin of rebellion Upon this pillar not onely monarchy stands firme but all other governements are equally supported the generall reason being applicable according to the difference in severall formes In the third Section I will bring the case home to our selves by proving this assumption The King of England hath this supreame power and then I shall leave it to every mans conscience to inferre the conclusion therefore it is unlawfull to make resistance against their Soveraigne In the fourth Section I will answer all the evasions how plausibly soever founded which I could meete with in the severall writings of those men who though they strike at the King downe right and more immediately yet by plaine and evident cousequences they destroy all civill society By way of conclusion I will shew though such a power of resistance as they or any others have yet openly pleaded for should be granted lawfull as when in their owne defence or when he that hath the highest authority and is bound by the law of God and his owne oath to administer justice equally yet after frequent representations of their grievances and most just Complaints of their great sufferings affords no redresse yet this can be no justification of the present warre against the King nor acquit the Actors in it from being rebels Because this case is evidently not now as will appeare after a view taken of the causas of this unnaturall and illegall division The proposition to be proved is It is unlawfull to resist him or them in whom the supreame authority that is all the legall power of the Kingdome in order to raise armes is placed and no dispensation grounded upon what persons soever as inferiour magistrates or upon any cause as the extreame abuse of this power to their oppression can excuse such resistance from the sin of Rebellion I make no question every man will apprehend that by resistance here Differences betweene not obeying against law and hostile resistance to a lawfull Soveraigne is meant only hostile opposition and not a refusall to put unjust commands measured by divine or humane laws in execution for the truth is if they are or seeme repugnant to Gods law for then they are so really in respect of those who have that apprehension idem est esse apparere in this case of good and bad because whatsoever is not of
no more passe away by promise Gods right to our obedience then we can covenant to transferre and give away another mans goods or demeasnes Secondly it is harmelesse in the consequences because if any out of a reall or seeming repugnance to divine precept deny active obedience they must confesse themselves obliged by the same conscience of observing the law of God not to resist that authority which he hath armed jure gladij with the right of using the sword probably to this end that Religion might not be a cloke for Rebellion that we might not dare out of the feare of God to violate the order of divine providence by which he hath thought fit to governe the world This is the patience of the Saints which shall be rewarded with heaven because they suffer rather then doe evill for earthly considerations as being assured God hath forbiden them though for prevention of their particular and undeserved misery to disturbe the publike happinesse by resisting that power which Scripture tells them is from above It oft times pleases God to make use of ill governours and their unrighteous judgement may be his just sentence for our former transgressions if it be his will to scourge us by them no smart should tempt us to cut his rod in pieces Because generally men are hardly brought to entertaine a truth which seemes disadvantageous to them and comes in ill company attended with affliction Quis enim facilè credit propter quod dolendum est though this should not be amongst Christians who are crucis candidati quibus frui fas est Diis iratis and who ought to rejoyce in their present sufferings as the exercise of vertue and that way to eternall glory which our Saviour hath chalked out both by example and precept I will use the greater diligence in evidencing this point by all kinde of proofes of which the matter is capable If we looke backe to the law of Nature we shall finde that the people would have had a clearer and more distinct notion of it if common use of calling it Law had not helped to confound their understanding when it ought to have beene named the Right of nature Difference betweene Law of Nature and Right of Nature for Right and Law differ as much as Liberty and Bonds Jus or right not laying any obligation but signifying we may equally choose to doe or not to doe without fault whereas Lex or law determines us either to a particular performance by way of command or a particular abstinence by way of prohibition and therefore jus naturae all the right of nature which now we can innocently make use of is that freedome not which any law gives us but which no law takes away and lawes are the severall restraints and limitations of native liberty Upon this ground I have shewed already the right of nature cannot be pleaded against positive constitution that being a permission onely and not an injunction and therefore ceasing by a subsequent obligation arising from promise and compact when multitudes became one Civil body I was unwilling to weary the Reader by an unprofitable debate and different stating of the originall of power For though it be most true that paternall authority was regall and therefore this of Gods immediate constitution Their owne Scheame of Government serves our turne and justifies the Kings cause and founded in nature yet it is not much pertinent to the present decision nor can it necessarily concerne moderne controversies betweene Rulers and People Because it is most evident no King at this day and much lesse other Governours holds his Crowne by that title since severall paternall powers in every State are given up and united in one common father who cannot pretend a more immediate kindred to Adam then all the rest of mankinde For this consideration I thought fit to lay downe their owne Scheame of Government and let them make what advantages they can by presenting to your apprehension a multitude before a people like a heape of stones before they are cemented and knit together into one building I shall onely desire my adversaries would not betray so much want of ingenuity as to make this favour of joyning issue upon their owne principles a contradiction For I thought it losse of time to insist upon their mistakes in the manner of derivation of power when all of us agree well enough in the thing That after the multiplying of mankinde there was an Anarchy is confest onely they impute it to a want of all Law and Rulers and we derive it more naturally from the multitude of Governours whose wills being various were so many distinct Lawes to those who were under them when in every family was a Kingdome 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Euripides describes the Cyclops their Subjects were their owne flesh and naturall Princes being wives and children when there were so many absolute Princes within the compasse of a Parish that a man had scarce roome to walke in a Territory when a Commonwealth was lodged in a Cottage this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was the mother of confusion and by reason of such a multiplicity of Kings it was not ill stiled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Though they had absolute power yet it was confined within a narrow compasse and if they exercised any jurisdiction or made use of their liberty to the prejudice of neighbour States this begot controversies and both parties having right to be Judges in their owne causes they made force the measure of decision and who was strongest could not be knowne but by the issue of the warre Quis justiùs induit arma Scire nefas summo se judice quisque tuetur Haec acies victum factura nocentem est To prevent those fatall mischiefes to which they were subject while they lived in this hostile State evidently occasioned by their divided powers a way was found out by making their individuall strengths and the many narrow authorities which still justled one another one legall power and this was placed then with great prudence in one person to the end the cause of their sufferings might be fully taken away and that there might not be left a possibility of relapsing into their former miseries which proceeded from opposition between equall authorities Thus I grant to them their owne Scheame yet without prejudice to that truth delivered by Cedren who makes Adam the catholique Monarch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 As reason first represented to them Monarchy as the most perfect forme from which their want of government was a defection for we may say of Anarchy Non fuit sic ab initio so sense confirmed it they having happy experience of those eminent advantages peculiar to this constitution as unity secrecy and expedition The Roman story doth approve this wisedome by acquainting us with the fatall miscarriages and bad successes of their Armies when commanded by two Generalls And if we looke upon this State
place him It is high time to make particular application of the former discourse concerning the originall of government and by a distinct state of it to give light to all which followes Non est potestas nisi à Deo True state of government in generall with application to that of this Kingdome saith the Apostle Rom. 13. There is no power but of God that is the right by which the Magistrate governes and all the jurisdiction he exercises is derived from divine ordinance This may be conveyed either immediately as amongst the Jewes when God designed the person which now no State will pretend or else mediante populi consensâ—… the consent of the people intervening and this two wayes either by a free election upon hopes from his extraordinary goodnesse or by conquest attended with a voluntary submission upon feares from his extraordinary power that he may be willing to protect who was able to injure whether of these motives presented the person is not certaine in the first times but it is cleare their Empire was absolute I exclude not the bounds of justice according to the Lawes of right reason and equity usually knowne by the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in which arbitria principum pro legibus erant Though this continued long in the world and the Easterne people enjoyed a great measure of happinesse under it and therefore with great reason to use the expression of Tacitus addictè admodum regnabantur they were subject most devoutly yet the sense of some sufferings as the fate of humane things is interwoven with a mixture of good and evill suggested a remedy which was to bound his power within the limits of positive Lawes From hence proceeded the different qualifications of Regall power in severall Kingdomes Some though restrained by Lawes yet were truly Monarchs 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being not responsable for any breaches as supreame though not absolute others had the name and title of Kings only but were subject to a superiour jurisdiction as Theseus to the people the Spartan Kings to the Ephori It is not necessary to determine that question whether the frequent debates about the not observation and the breaches of these agreements which a discontented part of the people challenging the liberty of being Judges in this case and the King thinking he had as much right did produce civill warres and most unnaturall distractions have not heretofore and will probably hereafter make States more unhappy then they were even in their worst times and when they suffer'd most under the abuses of one mans power whilest there was though sometimes an unjust yet alwayes a certaine way of ending controversies when a sentence if it did not finde yet made a right and res judicata pro veritate accipiebatur To decide this I say is not altogether necessary because the obligations which lye both on King and people have their strength from this not that he might better governe the people in such or such a way but because this particular government is established by the consent of both parties their wills give the forme to the regiment and not the conveniences of it To come nearer home and grant as much as reasonable men and those which understand the nature of government can require For I thinke they doe ill service to the cause though with good affections who out of a desire to make it more firme and stronger place it upon any other then the naturall foundation and that which is onely fit to support it and take the rights which God gave to the Kings of Judah for the measure of all regall authority which if they were all Kings would have equall power but this evidently varyes according to different Lawes and is more or lesse according to severall constitutions That which is pleaded for in this discourse as common to them and our Kings is onely jus regni the right of Monarchy not to be accomptable to any inferiour jurisdiction I shall not deny a Kingdome may be so constituted but then it is no Monarchy that upon a reall breach of such or such conditions named in the compact and a forfeiture being expressed the sword of Justice may be taken up by some Magistrates appointed by law as the Ephori amongst the Lacedaemonians or by the people as at Rome when the last appeale did legally lye unto them for it did not alwayes as when a Dictator was created he was the whole people for six moneths and though the time of his reigne was limited his power was not bounded he was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 accomptable to none for what he did in his regency no not when a private man again and so under the Emperours as appeares by the Lex Regia quoted by Vlpian which transferred all the peoples power upon him L. quod D. de constit prin A mistake upon this hath seduced so many of the Kings Subjects into Rebellion For because it is made appeare a State may be so established and they are induced to beleeve it is more reasonable it should be so established upon these premises they conclude most inconsequently that our State is so established and in the strength of this fight against His Majestie and did their best to kill Him contrary to Gods ordinance applyed to our civill constitutions and repugnant to their owne oath in which they swore to be loyall in reference to His Person and that they would defend His life with their utmost power That a Kingdome may be so established a considering man will not gainsay If the State of Venice should call their Duke King this new name would not convey any new power into him Election or succession cannot rule the case for an elective Kingdome may be conferred absolutely as will appeare in the Roman Empire and a successive may be subject to forfeiture if this be exprest in the Covenant For succession is not a new title to more right but a legall continuance of what was first gotten 2. That it is more reasonable so to establish a Kingdome that the Prince shall be accomptable to a higher power either placed in some Magistrates or in the people and then by the way it is not a Monarchy but either an Aristocracy or a popular State though this be very false yet if it were true it cannot justifie this warre now undertaken as things are ordered in this Land against the King Because Policy is no dispensation against observing knowne Lawes and we may not destroy our Governours out of reason of State Machiavell must not give Law to the Gospell If we might challenge such liberty there were not such a thing as Justice our oaths would be of no force against Interest profit should be the measure of our actions and we must conclude all right what ever was advantageous Since then not such persons as they could better fancy but those onely whom the Law hath consided in and enabled to that end can put Armes into the
So that the wronged people must onely cry unto the Lord as the Jewes were directed in their hard condition And Saint Ambrosse is sensible of this obligation repugnare non novi dolere potero potero flere potero gemere c. aliter nec debeo nec possum resistere Least Christians should be more stiff-necked then the Jewes who bore this heavy yoke Saint Peter prescribes their behaviour and tells them it is a part of their calling and unlesse they performe their vocation they cannot make their election sure to imitate Christ thus farre who when he was reviled reviled not againe no dishonorable speeches no reproachfull language from him which yet falls short of the meditated malice of the pen when he suffered he threatned not no killing and slaying so much as in words and no people can have greater innocence and no Governour greater faults but he committed himselfe to him that judgeth righteously 1. Pet. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unto the higher powers Hereout they endeavour to picke some advantage for say they by the same Logique as we conclude impunity due to Kings and so all resistance unlawfull we must be forced to inlarge this priviledge and communicate it to all Magistrates whatsoever because they are higher powers also But this immunity is overlarge by our owne confession as repugnant to all States and therefore seeing we cannot justifie the inference in its full latitude we cannot reasonably collect any thing These men strangely mistake the grounds of our deduction their strong fancy against it not permitting them to take the reason of it into due consideration we confesse thus much is concluded for all Magistrates such are they to whom the King delegates his authority that it is not lawfull for any that are under them to make resistance Lawfull to resist inferiour Magistrates if they oppose the supreame as a private man may not oppose a Constable nor a Constable a Justice of peace nor he a Judge So common Souldiers cannot punish a Lieutenant except by vertue of a Commission from the Generall and then they are above him as being made Magistrates to execute martiall law upon him nor he a Colonell nor a Collonell the Generall they being but private men in reference to one above them and so Kings in Monarchies and proportionably in Aristocracies those persons in whom the supreame power is placed which are the major part consenting are not judicially accomptable to any because they are the highest Thus much Scripture evinces the civill law confirmes reason suggests and the practise of all States hath imbraced it For there is no power but of God Here is the cause of obedience rendred this right to governe is not onely by his bare permission so theft and murder are but it is his constitution and by vertue of this the Apostle collects that honour is due to their persons I have proved formerly that such power could not be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unlesse it were of God the people could not dispense with divine precept non occides thou shalt not kill The powers that be are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ordained or ordered of God This is his ordinary providence by which he hath thought fit to governe the world and we must submit to it till he declare his will to the contrary nothing can take off this obligation but expresse revelation And we have some new Enthusiasts who are going on to this height of fury Methinkes it should startle all good men to see some interpretations of obscure prophecies out of Daniell and the Apocalypse cast out to justifie the breach of plaine duties Whosoever therefore resisteth the power resisteth the ordinance of God Here is faire warning take heed what ye do you have a terrible enemy to encounter with it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a fight against God You cannot flatter your selves with a prosperous issue for those which resist shall receive to themselves damnation Lest any should be so miserably besotted with a senselesse distinction as it is misapplied by them of the authority from the person as to incurre the danger of this fearfull commination Against that distinction of the authority from the person he joynes them together and uses them promiscuously and in the prosecution inforces that by mentioning the persons which before he had attributed to the powers Whosoever resisteth the power resisteth the ordinance of God and they that resist shall receive to themselves damnation it immediately followes For rulers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are not a terrour to good workes but to the evill Then he comes to the authority againe wilt thou not be afraid of the power doe that which is good and thou shalt have praise of the same For he is the Minister of God to thee for good there he concludes with the person Observe with what vehemence he repeates this duty though fully delivered before as if his mind misgave him concerning these rebellious times Wherefore you must needs be subject A necessity is laid upon us and woe unto us if we be not subject we have two powerfull motives not onely for wrath but also for conscience sake As for feare what the Prince may for rebellion seldome prospers Traitors are unfortunate gamesters though they win at first they are most commonly terrible loosers in the close so what God will inflict You have his word for it you are damn'd if you resist Though Rebels should get the start by seizing his ammunition Forts and Ships and you have cause to thinke your loyalty will disadvantage you when a King is in sight too weake yet be wary what you doe God oft times raises up strength to him beyond mans expectation and the event shewes those which continue honest are most truly wise The heads of the rebellion shall be brought to condigne punishment and their memory be odious amongst all good men 'T is true to be subject to present plunder is a strong temptation against duty yet upon a generall survey ye shall find they take not much more from their enemies God is to be reckoned of the Kings side who will overballance their greatest forces then they force their freinds to give they have no great reason to brag of being savers it hath cost them very round summes to loose their soules But yee see how much the King indulges to this feare I know not whether God will pardon so easily for if feare of loosing by being honest be a good excuse for neglect of duty hopes of gaining by playing the knaves may as reasonably be pleaded so unwilling is he any should suffer for his sake How often hath he beene pleased graciously to forgive upon that easy excuse they did not dare to be his freinds that is they were his enemies not out of spight and malice but onely for their owne advantage and he is content not any should loose for him O let not his goodnes move you to have a
King is sub lege under the law hath this sense That he ought to governe according to those standing rules His Majesty freely confesses this obligation and since experience hath taught him the benefits of strict observance he will not be intreated upon what plausible pretences soever and much lesse will he be commanded to recede from their known and certaine direction But if he should swerve from these rules he is not liable to any punishment nor compellible by strong hand not for want of sinne for he offends highly in that case but for want of a superiour jurisdiction Bracton delivers this truth plainly wee have no legall remedy wee can onely humbly petition His sacred Majesty locus erit supplicationi quod factum suum corrigat emendet quòd quidem si non fecerit satis sufficit ei ad poenam quòd dominum expectet ultorem Nemo quidem de factis suis praesumat disputare multo fortiùs contra factum suum venire If he will not hearken to our just and reasonable desires satis sufficit his punishment is more then enough for he must render an accompt to him that judgeth righteously Let not men presume to question his deeds much lesse to undoe by force what he shall doe though not according to right That you may not thinke this dropt from him unwarily he repeates it in other places and lib. 5. tract 3. de defaltis cap. 3. § 3. He puts the case That the King should doe injury and a plea is brought against him in whose behalfe he did it the King being petitioned and persisting and he rules it thus Quo casu cùm dominus Rex super hoc fuerit interpellatus in eadem perstiterit voluntate quòd velit tenentem esse defensum cum injuria cum teneatur justitiam totis viribus defensare extunc erit injuria ipsius domini regis nec poterit ei necessitatem aliquis imponere quòd illam corrigat emendet nisi velit cùm superiorem non habeat nisi Deum satis erit illi pro poenâ quòd Deum expectet ultorem If the King who is bound to administer justice to his utmost power will not recall the wrong he did upon a false suggestion in this case he injures his Subjects but no body can force him to doe right because he hath supreme power he hath no superior but God only and it is sufficient that wee shall have a day of hearing hereafter at a just tribunall where he shall be punished for doing wrong and we amply requited for our patient suffering In lib. 2. cap. 16. § 3. he attributes the highest authority to the King of England If the place be rightly understood by a wise Chancellor of this Land whose collections from thence I shall lay downe you may finde them in his case of the Postnati pag. 107 108. De chartis regiis factis regum non debent nec possunt Justiciarii nec privatae personae disputare nec etiamsi in illa dubitatio oriatur possunt eam interpretari in dubiis obscuris vel si aliqua dictio duos contineat intellectus domini regis erit expectanda interpretatio voluntas cum ejus sit interpretari cujus est concedere The sense is that all casus omissi cases not determined for want of foresight are in the King so that it gives not power to him to make new or abrogate old Lawes without consent in Parliament but the right of interpretation belongs to him not in plaine and evident cases for these need no declarer to challenge a right to declare all Lawes were in effect to make them and then all the Subjects rights would be in their brests and depend upon arbitrary votes but only in new questions and doubts which must not be resolved contrary to old Law By this it appeares that Subjects ought not to judge of the equitable part of Law and to overthrow the literall sense at pleasure to the praejudice of their Soveraigne Our King hath as much right by our constitutions as that civill Law gave the Roman Emperours Inter aequitatem jusque interpositam interpretationem nobis solis et licet et oportet inspicere l. i. c. de leg et constit or that other Rex solus judicat de causa a jure non definita Notwithstanding such expresse testimonies of the Kings supremacy yet such is the ignorance of some these transcribing only and onely varying the method of treason in their seditious pamphlets as appeares by that remarkable errour borrowed out of the observations of Richard the second being misled by Spencer which I have met with in many of their libells and such is the malice of others who have searched the place in Bracton by them quoted that his authority is cited against the King almost in all their Pamphlets which either speake Latine or pretend to knowledge in the Lawes The author of the fuller answer to Doctor Ferne tells us Bractons authority abused by them the two Houses collectim considered in a joint body are not Subjects p. 4. And Bracton he sayes will beare him out in it Rex habet superiorem Deum scilicet item legem per quam factus est Rex item Curiam suā viz. Comites Barones c. The King hath above him besides God the Law whereby he is made King likewise his Court of Earles and Barons c. This man hath betraied either want of knowledge or want of honesty I suspect the latter because he must needs understand that this was a very unfit proofe of coordination between the three Estates upon the strength of which his whole discourse hangs and it is meerely begg'd for this concludes against it and makes a most absurd subordination of the Soveraign to such a number of his Subjects and therefore he confesseth hee need not goe so high The adding c. as he hath above him his Court of Earles and Barons and so forth doth discover their unfaithfull dealing For first here is not the least mention of the House of Commons which they would seeme to imply and therefore it cannot serve their turne and secondly the words following craftily left out shew the absurdity of it the reason of the speech is quia Comites dicuntur quasi socii Regis et qui habet socium habet magistrum ideo si Rex fuerit sine fraeno i. e. sine lege debent ei fraenum ponere nisi ipsimet fuerint cum Rege sine fraeno Because Earles are quasi fellowes to the King I may perhaps render the meaning by calling them his Peeres and he that hath a fellow or a Peere hath a Master And therefore if the King will indulge himselfe a loosenesse from all Lawes they ought to impose those bonds upon him except they also will cast off obedience to established Lawes Then he sayes no farther remedy is left but crying to the Lord and the Lord will returne this answer Vocabo super eos
bring in a certaine confusion For they tell us obedience is commanded onely to good Magistrates if men intrusted to governe according to Law faile in their duty they cease to be Magistrates for these are defined Dei ministri nobis in bonum The Ministers of God for the good of the Common-wealth so that to destroy such is to resist the men onely and not the power it is a warre against the person onely and not the authority which is none if used against Law because that doth not enable any to destroy it selfe the Law cannot die legally by power is not meant 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what they may doe by strength but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what they ought to doe in right This is the most reasonable doctrine because coherent to it selfe throughout but the most seditious doctrine likewise because it gives a full liberty to the people not onely in a representative body and therefore in the diffusive much more because all the right that can pretend to against the King is derived from this but to any part of them to any private man to resume as some expresse it their power or as others to make use of that power which they never parted with to their owne inconvenience and so all necessity of suffering except when they have deserved it is taken away and Christianity is made a tame madnesse To returne to Calvin whose following words are much abused though I must confesse some conceive them craftily laid downe by him in reference to the time and place when and where he lived and that his designe was to insinuate some small colour in plausible Generalls for that most unjustifiable action of the Citizens of Geneva who had lately cast off their true Prince because a Bishop of a contrary religion after he hath informed us that God requires all private men to obey or suffer though under Tyrants he addes Nam si qui nunc sint populares magistratus c. If there be at this time any Magistrates appointed by Law in behalfe of the people to restraine the licentiousnesse of Kings such as were the Ephori opposed and set over the Lacedaemonian Kings the Tribunes of the people which curbed the Roman Consuls and the Demarchi who bridled the Senate at Athens c. upon this supposition they not onely may but ought to reforme the abuses of government and to doe right to the poore Commonalty whose guardians they are This is undenyably true but impertinent to the present controversie because the People or Nobles cannot challenge that power in a Monarchy with which they are invested under an Aristocraticall or Democratical regiment such as Athens Rome and Sparta were It is very observable by the way that by reason the supreame power was placed in the Lacedaemonian Ephori and Roman Tribunes c. their office made their persons sacred and inviolable They did justly challenge the same impunity which we maintaine belongs to Kings in a true Monarchy for I argue not from the name for though the Duke of Venice were called King it would not inlarge his authority and the Spartan Kings had onely a Royall title but were truly Subjects as we learne from Plutarch and Polybius but from the nature of that power wherewith the constitutions of a Realme doe invest one person Hence appeares the unreasonablenesse of their seditious invectives founded upon some inconveniences because power will probably be sooner abused if any person may doe what he will and not be responsable for his injustice These kinde of Declamations with which their Presses and Pulpits labour strike equally at all government For there is a necessity we should lie open to some possible evils from the abuse of authority or else we cannot provide for greater and certaine goods of common peace and publique tranquillity It is no prudence to cure the miscarriages of government by a legall confusion since even the worst government is lesse miserable then Anarchy I beleeve I can make a full discovery of those wicked Arts whereby crafty men have opened a way to the advancement of their covetous and ambitious designes at the price of publique calamity Tib. Gracchus was excellently learned in those damnable politiques and I desire all indifferent men to judge whether the unhappy disturbers of England have not exactly managed the miseries of this Kingdome according to his principles He proposed some Lawes which might well become a reall lover of his Country Graccus his seditious practises their patterne but his violence in the illegall establishment of them which did evidently tend to confusion did make it apparent that publique pretences were taken up in order to the satisfaction of private lusts Marcus Octavius as his fellow Tribune had the right of a negative voice for if one Tribune dissented no Ordinance could be made which ought to have the power of Law He not able to effect his ends informes the people that this opposition betweene their equall authorities did threaten civill warre and therefore it would concerne them as they loved their owne safety which was the supreame Law to decide this difference by recalling that power which they had bestowed to the end they might receive benefit therefrom but which was now abused contrary to a trust reposed to their prejudice The issue was he prevailed with them to depose Octavius and he made them substitute a meane person one of his dependants But being sensible afterwards that amongst all his illegall Acts this gave most distaste not onely to the Nobility and Gentry who were indued with clearer understandings but even to the slowly apprehending Commons and that it proceeded from lawlesse passion to debase the highest dignity of Tribune of the people and expose that sacred function to scorne and contempt which ever before was justly esteemed inviolable and such as secured the persons from being touched hee brings these colours to excuse that most unpresidented action The Authority of Tribunes is truly sacred and inviolable but for no other cause then as particularly devoted to protect the people and established to advance their welfare If therefore a person thus highly intrusted failes in performance of duty suffers the people for whom he serves to be oppressed and endeavours to abridge their power and denyes to them the meanes of expressing their will and pleasure by his vote for he is but their mouth enabled by them to declare their meaning In this case he forfeits all Prividedges and Prerogatives due to his office because hee thwarts those very ende which first moved the people to bestow upon him such large preeminences for if otherwise we must be bound to sit still while he pulls downe the Capitoll or sets the Navy on fire and notwithstanding any violences or whatever exorbitancies of his lusts and wildest passions tamely to obey him as our Tribune that is such an one who by vertue of our trust for the improvement of our safety usurpes a right to cut our throats and is
bloudy villaines by whose hands the two French Henries fell might have made the same plea for their execrable murders If they had not come in their way which they might have avoyded by locking themselves up or by some other meanes they had not beene killed by them But he implies a desire and beseeching him not to be there but to withdraw himselfe If the King had as full right to be there as in any other place within his Kingdome they may with the same reason justify the murder of him if he will not be intreated to keepe such company only as they shall allot to him or to leave his Court or creepe into an oven The Author extreamely contradicts this duty before professed in the name of all of flying or passive obedience and layes downe a most desperate conclusion which dissolves all governement and makes Anarchy legall Upon suppossall that Parliaments taken in the onely true sense for King and Lords and Commons should degenerate and grow tyrannicall I confesse sayes he the condition of such a State would be very dangerous and like to come to confusion particular men could not helpe themselves and the whole State marke how he fancies a whole State when opposed to King and Lords and all the Commons representatively what can this State be but such a number of particular men who he saith cannot helpe themselves ought to suffer much before it should helpe it selfe by any wayes of resisting but if you can suppose a Parliament so farre to degenerate as they should all conspire together all in Law are the major part of both Houses with the Royall assent with the King to destroy the Kingdome how unreasonably he expresses a supposall of being wonne to satisfie private Interests by making prejudiciall lawes to the Subject in generall let him translate the scene into Ireland and he may thinke the supposition very possible and to possesse the lands and riches of the Kingdome themselves not all but in an unequitable proportion in this case whether a law of nature would not allow of standing up to defend our selves yea to reassume the power given to them this is a cleare confession they parted with their power to discharge them of that power they had and set up some other I leave to the light of nature to judge Object But you will say this cannot be because the higher powers must not be resisted by any Answ This is not properly to resist the power but to discharge the power to set the power elsewhere They daily improve their principles and now professe plainely what understanding men did before collect from their grounds that it is lawfull not onely to depose a King but even the Parliament He is very apprehensive he hath spoken out and it is very strange the Committee should order this doctrine to be published I know sayes he this will be cryed out of as of dangerous consequence wherefore God deliver us as I hope he will for ever making use of such a principle pag. 133 134. They confesse generally they are bound to defend the Kings person and if they should say otherwise we have their oathes and solemne protestations against their words witnesse the 23 day of October which may require an Annuall gratitude for the great deliverance both of Church and State in the preservation of His Majesty whether they did according to the information of their owne consciences All the answer I can meete with carries this sense which I will expresse in Mr Burroughes his words As for the Kings person is it not the profession of the Parliament to defend it pag. 112. and againe why doth the Doctor speake of stretching forth the hand against the Lords Anointed who endeavours it doth not the Parliament professe the defence of the Kings person pag 120. Hence it appeares they know their duty the question is whether they performed it who directed their Canon more especially against His sacred Majesty which they cannot esteeme an accidentall thing who are not ignorant of that treacherous advertisement which Blague gave in to the Earle of Essex in what part of the battell the King and Prince were that they might at one blow cut off our present happinesse and future hopes I desire onely that their eares would not hang in their eyes and that men would not beleeve authority against sense I shall onely say most miserable is he who condemneth himselfe in that thing which he allowes and practises Exc. Tyrant is opposed to King and they are incompatible Answ If they understand tyrant under this notion as an usurper this is very true but nothing pertinent for there is not any just scruple but those may be turned out by force according to law who come in by force against Law as in the case of Athalia destroyed by Jehoiada whereby Joas◠who had true title was established in the throne But if they meane as they doe if they would conclude for themselves a King having right to governe and proving a wicked or weake Prince it is false that this Tyrannus cum titulo the Lords Anointed though he abuse that power for Chrisma domini this holy oyle onely excludes usurpation and includes a just title onely and not either the Orthodox religion or goodnesse or prudence is opposed simply to a King but to a just or wise King As therefore his right to the Crowne is not founded in his divine or morall vertues but in a lawfull succession so neither can contrary vices dispense with any to depose him or lift up their armes against him This will be evident if we consider what kinde of Prince he was to whom Saint Paul writing to the Romans forbad resistance for conscience sake It was Nero in whom very happily this position might be inforced to the height and yet all their exceptions are determined invalid Notwithstanding his Idolatry his oppressing his Subjects by strange cruelties and persecuting the Saints Quae divisa tyrannum Efficiunt collecta tenens Yet the Apostle commands not to resist even him upon paine of damnation Our or rather Saint Pauls adversaries seeme to object durus hic sermo this is a hard saying The Law of Nature allowes selfe preservation the people made Nero Emperour by their consent for usurpation can give no right and therefore are more powerfull then he for Quicquid efficit tale est magis tale The people may be without the Emperour the Emperour cannot be without the people It is not probable the safety of mankinde should depend upon the lust of one man c. I shall answer with the Civilian who teacheth us to obey and not dispute even humane constitutions Quod quidem perquà m durum est sed ita lex scripta est L. prospexit D. qui à quib It was Gods pleasure so to order humane affaires Such Christian submission doth most commonly produce peace and plenty in our streets and is the mother of many goods but if the abuse of power should bring
be impatient though we be cut off by a wicked executioner Exc. Many examples are alleadged out of the old Testament to colour this breach of duty Answ We have plaine precept not to resist and must conforme our actions to knowne rules not the practice of others For instance Who can lift up his hands against the Lords anoynted and be guiltlesse this implyes a command not to rebell Let every soule be subject to the higher powers He that resists the power resists the ordinance of God Submit your selves to every ordinance of man for the Lords sake whether it be to the King as supreame or unto Governours as unto those who are sent by him Legibus vivendum est non exemplis Examples can onely shew what was done not what ought to be done To answer briefly the examples by them produced are either impertinent as being acted upon Usurpers or not to be drawne into a rule because extraordinarily allowed by God who may dispense with his owne law but this cannot warrant our imitation no more then the Israelites robbing the Aegyptians can licence Plundering or any other illegall weakning the wicked or Jacobs lying to his Father can excuse want of sincerity and truth when by false reports they may probably undoe their brethren or Jaels breaking trust in murdering Sisera can dispense with killing enemies after composition made to save their lives or lastly they were unjust To runne over the particulars would be more tedious then profitable because they are all clearly solved by applying one of these three They are impertinent or extraordinary or wicked Secondly If wee should grant that it were lawfull for the Jewes to resist Tyrants in their owne defence this comes not home to us who are called as Saint Peter sayes to beare the Crosse and to follow Christs example When wee are in danger of being killed for our Religion all that is allowed to us is only to flye from one City to another Wee may better submit to so high a degree of patience in consideration our well being is not provided for in this world and despise death because the joyes of eternall life are so plainly set before us in the Gospell whereas under the Law they were entertained with promises of temporall blessings and it must needs goe to their hearts to loose the proposed reward of keeping the Law length of dayes by their due observance of it and this upon a suspicion of a better life rather then a confidence grounded upon any plaine promise Exc. 1 I have formerly shewed the practice of the primitive Christians which was so apparent that not having so much impudence as to deny it neverthelesse they have invented severall exceptions to it which take of the glory of their innocence I have beaten them out of their strongest fort which was this deerant vires They had a good will to rebell but wanted power onely Exc. 2 The Christians were but private men and for that reason could not lawfully resist but if they had beene countenanced with the authority of the Senate questionlesse they would not have submitted themselves so tamely to the slaughter Answ First these men who grant thus much are bound in conscience to answer their owne arguments drawne from the law of nature which they tell us allowes selfe defence though with the Magistrates destruction and taken from the chiefe topique of their invectives that no body did contract to be ill-governed much lesse to be ruined and therefore no obligation can lye upon them not to preserve themselves But these and such like reasons are evidently confuted by all those Texts which bind us to suffer though wrongfully as wee have Christ for an example c. Those holy men who submitted their bodies to the flames lookt upon martyrdome not as a thing of choice but of duty They might have pleaded the law of nature and and the injustice of their persecutors whose office was to be a terror to the evill and to countenance doing that which is good but such sophistry could not prevaile upon religion which had bound up their hands from revenging themselves upon private men and much lesse upon the Magistrate Secondly that the Senate had no authority to wage Warre against their Emperour will be evinced from Rom. 13. 1. 1 Pet 2. 13. 14. applyed to the civill constitutions of the Roman Empire Submit to the King as supreme that is to the Roman Emperour saith Diodati c. all'imperator Romano detto tal-uolta Rè dalle natione stranieri Vlpian acquaints us there was not any legall power but in him what he determines hath the force of law he adds the reason because the people in whom the Senate are included by the lexregia gave unto him the right to manage all their power Vtpote cum lege Regia quae de imperio ejus lata est populus ei in eum which signifies in se saith Theophilus omne suum imperium potestatem conferat l. quod princ D. de const princ Justinian clearely decides the case if the Emperour shall take any cause into his cognizance omnes omnino judices let all judges whatsoever know that this sentence is law to all effects not only in the particular cause but it becomes a rule to decide all like cases by For what is greater what more sacred then the Imperiall Majesty or who is so insolent ut regalem sensum contemnat The sense even of the Senate was not to stand in competition with Royall constitutions l. si imperial D. de legib Wee may fitly observe that some Emperours did by Acts of grace limit their legislative power which was solely in them and bind themselves from the use of it without the advice of the Senate as is to be seene l. humanum Cod. de legib and may be collected from Auth. Habita quidem C. ne fili and divers other constitutions yet this gave no power to the people to be imployed against them if they should not performe their duty This grant made the Roman Empire like the Kingdome of England for wee have a cleare and full testimony from our Common Law that the legislative power is onely in the King though the use of it be restrained to the consent of the Lords and Commons in Parliament le Roy fait les leix avec le consent du Seigneurs Communs non pas les Seigneurs Communs avec le consent du Roy. The King makes Lawes with the consent of the Lords and Commons and not the Lords and Commons with the consent of the King or that which Virgil describes gaudet regno Trojanus Acestes Indicitque forum Patribus dat jura vocatis It is the most unreasonable thing that ever was fancyed that Subjects assembled should have greater authority then their King without whose call they could not have met together and at whose pleasure they are dissolved in Law and bound to depart to their owne homes Exc. 3 The Anticavalier doth pitifully intangle
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
as unto them that are sent by him Deodate expresses it very fully in his Italian translation Siate adunque suggetti ad ogni Podestà criata dagli huomini per l'amor del signore al Rè come al sourano ed a governadori come a persone mandate da lui That wee may not mistake he tells us that by Power or Ordinance is meant Persons endued with power ad ogni Podestà is sayes he in his glosse upon the place a Principi Magistrati Rettori created by or amongst men dagli huomini o fra gli huomini per la conservatione e condotta della società humana Jude when he condemnes despisers of dominion and such as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 speake evill of dignities v. 8. meanes to commend to us the same duty which Paul taught us out of the law which is free from all ambiguity and concludes for the persons When Ananias the high Priest whose duty was to judge after the law commanded him to be smitten contrary to the law he as was supposed by them in passion returnes ill language and being justly rebuked by the by-standers he confesses he ought not to revile the Priest though he did evidently abuse his authority much lesse ought he to strike againe with pretence of honouring his authority but not being bound to submit to his personall commands contrary to the law I wist not brethren that he was the high Priest for it is written thou shalt not speake evill of the Ruler of thy people Act. 23. 5. St Paul was unacquainted with this subtility which allowes to speake evill nay to make hostile resistance against men in authority so they professe to honour the authority of those men It is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so Master Burroughs his personall strength not any legall power which is resisted if he doe any thing against law and this sayes he is not forbidden we may resist men though not powers wee must not be subject to will but to law p. 113. His mistake lyes in this that he thinkes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 power signifies the right and honest use of authority whereas it signifies the right to use his authority whether well or ill 't is all one to us for matter of submission to it either by obedience or patience because no resistance can be lawfull for want of a superior jurisdiction by which onely wee can be enabled to call him to an accompt for his actions The truth of this is made evident in Joh. 19. 10 11. Pilate faith unto him knowest thou not that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I have power to crucifie thee and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I have power to release thee Jesus grants it and answers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. thou couldest have no power at all against me except it were given thee from above By 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 therefore are meant persons invested with authority The reason which made Paul call Magistrates by the Abstracts Powers was this he wrote to Christians living in the Roman Empire and it was the custome of the Latine Language to call persons endued with power potestates by the name of powers You may observe it in Vlpian l. quid sit D. de Aedil edict § 19. and in Augustine epist 48. who saith sive potestas veritati favens aliquem corrigat laudem habet ex illa qui fuerit emendatus sive inimica veritati in aliquem saeviat laudem habet ex illà qui fuerit coronatus Mark that potestas inimica veritati this must needs signifie a man abusing his authority And in Juvenal An Fidenarum Gabiorumque esse potestas and in Suetonius Jurisdictionem de fidei commissis quotannis tantum in urbe delegari magistratibus solitam in perpetuum atque etiam per provincias potestatibus delegavit The moderne languages Italian and French which were bred out of the Latine retaine the ancient use of speaking for potestat in French and podestà in Italian expresse not the function onely but the person which manages it Thus anciently the Latine word for a Justice of peace who now is called justitiarius was justitia as you may find in Glanv lib. 2. cap. 6. and Roger Hovedens Annals so our King is called in the abstract Majesty as the Grecian Emperours 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Many ridiculous consequences flow from hence but I list not to make sport with that unhappy distinction which hath almost ruined as flourishing and strongly temperd a Kingdome as any in the Christian world It exposes Magistrates and all in authority to the contempt and injuries of the baser sort of people For when discontented it is very obvious for them to tell them a reverence is indeed due to their function therfore that they setting their office aside will take liberty only to kick their persons and that the Magistrate is not at all affronted though the man be soundly beaten It is against common sense to put such a difference betweene the person and the authority of the King for if it were reall neither God nor the Lawes of the Land have made any provision for the Kings safety for His authority is not capable of receiving any benefit and therefore it must be acknowledged by all sober and reasonable men that His authority doth but convey such and such priviledges upon the person who onely can be sensible of them and consequently whatever is attempted against his person is attempted against his authority likewise Another cavill is taken from these words in Rom. 13. For Rulers are not a terror to good workes but to the evill wilt thou then not be afrayd of the power doe that which is good and thou shalt have praise of the same For he is the minister of God to thee for good Their Argument is framed thus A Magistrate is the Minister of God for our good therefore he which is not a Minister for our good is no Magistrate and to resist him is not to resist the ordinance of God which instituted Rulers for the peoples happinesse but the faults and exorbitances of men which endeavour to rob them of the blessings of divine providence orderly government and to make them bow downe under the heavy burdens of an arbitrary sway Their conclusion contradictory in it selfe is plainly this A bad Magistrate is no Magistrate as being a terror to good works and giving praise to the evill contrary to Saint Pauls definition of Rulers and therefore no honour is due to him no resistance is forbidden Answ The example of Christ commanding them to pay tribute to Caesar as his due the end of which was that he should mind their good though he neglected that duty and his acknowledgment of Pilates power or right to judge though he exercised it to the condemnation of the innocent and Saint Pauls confession that notwithstanding the high Priest commanded him to be smitten illegally which in their language was abuse of will not power yet hee
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
and make use of the impatience of distempered men to compasse their owne ends though I say such a sullennesse would make the Kingdome miserable yet it is their right to deny the most reasonable proposall and there is not any legall remedy against inconveniences which will certainely flow from hence Neither necessity nor propterea quòd regnum nostrum periclitatur which is the same with saius populi suprema lex can enable the King justly to provide for the Kingdomes safety by raising money against the known Lawes he may in this case dissolve the assembly and onely use such meanes as are not contrary to Law By reason of these negative voices and the Kings right as to call together so to breake up that great councell there was not any hope of new moulding this State to particular Interesses and therefore these unequall compositions of the House of Commons had no influence to the disadvantage of the Commonwealth Yet now wee may probably suffer under them if this new doctrine take place That the Kings consent is past and involved in the Lords and Commons for the next rub of the Lords negative is removeable by the same Logicke of Coordinata se supplent and that the people may not perish for defect of a supplementall Law it was essayed formerly that they sitting in personall capacities should not oppose what conduced to the safety of the Kingdome represented by the Commons and those two grounds being laid as the King and Lords are voted out of Parliament so it is very probable the Gentry would be but very thinne in the House of Commons upon new election hereafter because the disposall of all would be put into their hands whose interests are most disjoyned from the publique tranquility as enjoying least by the present establishment in this State From hence it is apparent what confusion were likely to follow and the short experience we have had hath already too fully acquainted us with the miserable consequences To answer distinctly to their axiome coordinates supply each others failing if it should be understood in that sense which they plead for that the King failing to performe his duty the Lords and Commons are enabled to transact businesses without him by vertue of this rule upon the very same grounds the King and House of Commons may exclude the Lords the King and Lords may exclude the Commons but this being destructive of the fundamentall priviledge and right of either House this onely can be meant by it in the present case that the power of any one or two of them is defective to some purposes expressely named in our lawes as for enacting new lawes or raising money upon the Subject without a joint consent of all three This interpretation is very reasonable but it concludes against them and forthe King for he requires nothing but what our Lawes grant him and what he alwaies acknowledged equally their due a right to a negative voice in those things to which the three estates are coordinate The use of it cannot be injurious for a deniall to bring in a new governement doth not take away the old it leaves us in that happinesse which our Fathers were content with Exc. All other matters wherein the exercise of His supreame power is not restrained by making their consent a necessary condition without which it cannot be actuated he may manage solely as for instance he may and ought to protect His Subjects and to make use of those meanes with which the law hath invested him to enable him to compasse that end and these are the Militia or armes of the Kingdome Answ The King though he be singulis major yet he is universis minor I am forced to take notice in the first place of that lamentable sophistry which yet hath deceived many # though it hath bin often discovered they still persist to abuse the people with it The strength of all their discourses depends upon this syllogisme the Parliament is greater then the King the assumption is built upon a false foundation The two Houses are the Parliament Ergo the two Houses are greater then the King The proposition is granted because Parliament includes King and Lords and Commons and his legislative power as to the use of it is so restrained that it cannot be legally exercised without their consent and this obtained in Parliament it becomes absolute to those purposes to which they passe their assent 25. H. 8. 21. So that the onely meaning is he can do more in Parliament then out of it But the minor is absolutely false for the King is caput Parliamenti and so an essentiall part of Parliament I am ashamed to bring quotations out of the lawyers to prove what is so manifestly true For if the King were not a necessary part of the Parliament the Parliament as it is being rightly understood for the head and body were the whole Realme then we should have a Kingdome without any King Object One objection is frequently urged there must be a Parliament somewhere for it cannot be dissolved without their consent which is not yet past but it is not at Oxford nor no other place London excepted therefore it is there and consequently the Houses are the Parliament without the King or else His authority is in their votes Answ The want of Logique hath proved as fatall to this Kingdome as the want of conscience I cannot determine which hath had the strongest influence in our calamities the malice of some or the ignorance of others Suppose the Lords should remove their House out of the City as they have an undoubted right so to doe upon the agreement of the major part and there might be some motives for it for to say nothing else their number would be more then doubled where would these men place the Parliament If the King and Lords should legally sit in Oxford were the House of Commons thereby excluded from being a part or could they be concluded the whole Parliament It is not an union in respect of place but an union of their assent and the Royall ratification which actuates the power into a law The Kings absence doth not destroy the being of Parliament no more then if he should dissent being present nor doth it forfeit his power into their disposall as you may see 33. H. 8. c. 21. His assent by his letters patent is and ever was of as good strenght and force as though the Kings person had beene there personally present and had assented openly and publiquely to the same But what if he dissent from them and refuse to confirme their votes Then they ought not to have the force of lawes no more then if the King and Lords should agree on any thing the Commons contradicting it neither is a legall establishment If they say his obstinate refusall voides the Parliament for it is made of no use if it may not be active when deserted by him and except he please to establish their