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A89005 Ochlo-machia. Or The peoples war, examined according to the principles of Scripture & reason, in two of the most plausible pretences of it. In answer to a letter sent by a person of quality, who desired satisfaction. By Jasper Mayne, D.D. one of the students of Ch. Ch. Oxon. Mayne, Jasper, 1604-1672. 1647 (1647) Wing M1472; Thomason E398_19; ESTC R201695 27,844 40

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the Lawes of this Kingdome for the Governement of it to the King for I never yet perceived by any of His Declarations That His Majesty claimed these as due to Him by Right of Conquest or any other of those Absolute and Vnlimited waies which might tender His Crowne Patrimoniall to Him or such an out-right Allodium that He mi ht Alienate it or chuse His Successour or Rule as He pleased Himselfe yet as in the making of these Lawes He holds the first place so none of these Rights which he derives from them can without His own Consent be taken from Him For proofe hereof I will only instance in three particulars to you for I must remember that I am now writing a Letter to you not penning a Treatise which will carry the greater force of perswasion because confest by this Parliament The first was an Act presented to the King for the setling of the Militia for a limited time in such Hands as they might confide in A clear Argument that without such an Act past by the King the two Houses had nothing to do with the Ordering of it Another was one of the Nineteen Propofitions where t was desired that the Nomination of all Officers and Counsellours of State might for the future go by the Maior part of Voyces of both Houses Another Argument That the King hath hitherto in all such Nominations been the only Fountaine of Honour The third was the passing of the Act for the Continuation of this Parliament Another Argument that nothing but the Kings consent could ever have made it thus Perpetuall as it is Many other Instances might be given but foundoubtedly acknowledged by Bracton By Him that wrote the Book call'd The Prerogative of Parliaments who is thought to be Sir Walter Raleigh By Sir Edward Cooke by the stiles and Formes of all the Acts of Parliament which have been made in this Kingdom and by that learned * Sir Iohn Banks Iudge who wrote the Examination of such particulars in the Solemne League and Covenant as concerne the Law And who in a continued Line of Quotation and Proofe derives along these and the other parts of Supreme power in the King from Edward the Confessour to our present Soveraigne King Charles that to prove them to you were to adde beames to the Sunne Here then For the better stating of the Third thing I pro osed to you which was That granting the King to be Supreme in this Kingdome at least so farre as I have described him how farre He is to be Obeyed and not resisted Two things will fall under Inquiry First supposing the King not to have kept Himselfe to that Circle of power which the Lawes have drawn about Him but desirous to walke in a more Absolute compasse That He hath in somethings invaded the Liberty of his People whither such an Jncroachment can justifie their Armes Next If it be proved that He hath kept within his Life and only made the Law the Rule of His Governement whether a bare Fear or Iealousie That when ever he should be able He would change this Rule which is the most that can be pretended could be a Just cause for an Anticipating Warre The Decision of the first of these Inquiries will depend wholly upon the Tenure by which he holds His Crowne If it were puerly Elective or were at first set upon His Head by the Suffrages of the people And if in that Election His power had been limited Or if by way of paction it had been said Thus farre the King shall be Supreme thus farre the people shall be Free If there had been certaine Expresse conditions assigned Him with his Scepter that if he transgrest not his limites He should be Obeyed if He did it should be lawfull for the people to resist Him Lastly if to hinder such Exorbitances there had been certaine Ephori or Inspectours or a Co-ordinate Senate placed as Mounds and Cliffes about Him with warrant from the Electours that when ever he should attempt to overflow his Bankes it should be their part to reinforce Him back into his Channell I must confesse to you being no better then a Duke of Venice or a King of Sparta In truth no King but a more splendid Subject I think such a Resistance might be Lawfull Since such a Conveyance of Empire being but a conditionall contract as in all other Elections the chusers may reserve to themselves or give away so much of their Liberty as they please And where the part reserved is invaded 'T is no Rebellion to defend But where the Crowne is not Elective but hath so Hereditarily descended in an ancient line of succession from King to King that to finde out the Originall of it would be a taske as difficult as to find out the Head of Nilus where the Tenure is not conditionall nor hangs upon any contract made at first with the people nor is such a reciprocall Creature of their Breath as to be blowne from them and recalled like the fleeting Ayre they draw as often as they shall say it returnes to them worse then as first they sent it forth In short Sir Where the only Obligation or Tye upon the Prince is the Oath which He takes at his Ceronation to rule according to the knowne Lawes of the place Though every Breach of such an Oath be an Offence against God to whom alone a Prince thus independent is accountable for his Actions yet 't will never passe for more then perjury in the Prince No Warrant for Subiects to take up Armes against Him Here then Sir should I suppose the worst that can be supposed that there was a time when the King misled as your Friend sayes by Evill Counsellours did actually trample upon the Lawes of the Kingdome and the Liberty of his Subiects derived to them by those Lawes yet unlesse some Originall compact can be produced where 't is agreed That upon every such Incroachment it shall be lawfull for them to stand upon their Defence unlesse some Fundamentall Contract can be shewen where 't is clearely said that where the King ceaseth to governe according to Law He shall for such misgovernment cease to be King To urge as your Friend doth such vnfortunate precedents as a Deposed Richard or a Dethroned Edward Two disproportion'd examples of popular Fury The one forced to part with his Crowne by Resignation the other as never having had legall Title to it may shew the Iniustice of former Parliaments growne strong never justifie the Pitcht-feilds which have been fought by this Since If this supposition were true the King being bound to make the Law His Rule by no other Obligation but His Oath at His Coronation Then which there cannot be a greater I confesse and where 't is violated never without Repentance scapes vnpunish't yet 't is a trespasse of which Subiects can only complaine but as long as they are Subiects can never innocently revenge But this all this while Sir is but
Conduct under Sir Thomas Fairefax be of this perswasion thus stated I shall not think it any slander from the Mouth of a Presbiterian who thinks otherwise to be called an Judependent If a Prince who is confessedly a Prince and hath Supreme power make Warre upon his Subjects for the propagation of Religion the Nature of the Defence is much alter'd For though sucha Warre whether made for the Imposition of a false Religion or a true be as uniust as if 't were made upon a forreigne Nation yet this injustice in the Prince cannot warrant the taking up of Armes against Him in the Subject Because being the Apostles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Supreme within his own Kingdome As all power concerning the publick secular Government of it resolveait selfe into Him so doth the ordering of the Outward exercise of Religion too In both Cases he is the Judge of Controversies Not so unerring or Infallible as that all his Determinations must be received for Oracles or that his Subjects are so obliged to be of his Religion that if the Prince be an Idolater a Mahumetan or Papist 't would be disobedience in them not to be so too But let his Religion be what it will let him be a Ieroboam or one of such an unreasonable Idolatry as to command his people to worship Calves and Burn Incense to Gods scarce fit to be made the Sacrifice Though he be not to be obeyed yet he is not to be resisted Since such a Resistance would not only change the Relation of inequality and Distance between the Prince and People and so destroy the Supremacy here given him by S. Peter but 't would actually enter duell with the Ordinance of God which ceaseth not to be sacred as often as 't is wickedly imployed Irresistibility being a Ray and Beame of the Divine Image which resides in the Function not in the Religion of the Prince Who may for his Person perhaps be a Caligula or Nere yet in his Office still remaine Gods Deputy and Vicegerent And therefore to be obeyed even in his unjust commands though not actively by our compliance yet passively by our sufferings This Doctrins as 't is agreeable to the Scripture and the practice of the purest and most primitive times of the Church so I finde it illustrated by the famous example of a Christian Souldier and the censure of a Father upon the paslage This Souldier being bid to burne Inconse to an Idoll rcfused But yeelded himselfe to be cast into the fire Had he when his Emperour bid him worship an Idoll mutinied or turn'd his speare upon him saies that Father he bad broken the fift Commandement in defence of the second But submitting his Body to be burnt the only thing in him which could be compelled in stead of committing Idolatry he became himselfe a Sacrifice I could Sir second this with many other Examples but they would all tend to this one pious Christian Result that Martyrdome is to be presetred before Rebellion Here then if I should suppose your Presbyterian Friends charge to be true a very heavy one I confesle that the King miscounselled by a Prelaticall Court Faction when he first Marcht into the field against the Armies raised by the two Houses of Parliament had an intent to subvert the Protestant Religion and to plant the Religion of the Church of Rome in it's stead yet unlesse he can prove to me that from that time he actually ceast to be King or the two Houses to be his Subjects or notwithstanding their two Oathes of Supremacy and Alleageance that in so doing he forfeited his Crowne and was no longer over all persons and in all Causes as well Civill as Ecclesiasticall within the circuit of his three Kingdomes supreame Head and Governour I know no Armes which could lawfully be used against Him but those which S. Ambrose used against an Arian Emperour Lachrymas Suspiri● Sighes Tears and Prayers to God to turne his heart And therefore Sir when your Friond doth next aske you How it could stand with the safe conscience of any English Protestant to stand an idle spectator whilst Queen Marus daies were so ready to break in upon him that He was almost reduced to this hard choyce either to follow the Times in the new ●rected fashion of Religion or live in danger of the stake and Faggot if he persisted in the old you may please to let him know from me That as I have no unruly Thirst or irregular Ambition in me to dye a Martyr Nor am so much a Circumcelleo as to court or wooe or in case it fled from me enthusiastically to call upon me my own Death and Execution So if it had been my Let to live in the fiery times He speaks of when a Protestant was put to death for an Heretick as I should not have quarreld with the Pawer that condemned me so I should have kist my funerall pile And should have thought it a high peece of Gods favour to me to call me to Heaven by a way so like that of his Angell in the Book of * c. 13.20 Judges who ascended thither in the Flame and aire and persume of a Sacrifies But what if this be only a Jealousie and suspition in your Friend Nay what if it have been the Disguise and paint to some Ambitious mens designes who to walke the more securely to their darke and politick ends have stiled themselves the Defendours when they have all this while been the Invadors And have called the King the subverter who hath all this while to his power been the Defender of this Religion This certainly if it be proved will very much Inflame and aggravate their sinne and dye it in a deep scarlet through all the progresse of it But because I rather desire to cast a mantle over their strange proceedings then to adde to their Nakednesse which hath at length discover'd it selfe to all the World all that I shall say to deliver so much Goodnesse from so much misrepresentation is this That the report which at first poyson'd the mindes of so many Thousand well minded people That the King had an intent by this warre to destroy the Protestant Religion could at most have no other parent but some mens either crafty Malice or needlesse Feare appears clearly in this that after all their great Discoveries they have not yet instanced in one considerable Ground fit to build more then a vulgar Jealousy upon The Kings affection to the Queene His Alliance and confederacy with Popish Princes abroad and the Gentlenesse of his Raigne towards his Popish Subjects at home being premises as unfit to build this Inference and conclusion upon that Therefore He took up Armes that he might introduce their Religion as his in Aristotle were who because it lightued when Socrates took the Ayre thought that his walking caused that commotion in the skyes For that the Root and Spring of such a report could be nothing but their own