in Rufus Henry 1. Steven Henry 2. and Richard 1. did remain purum putum Monarchicum the power of even-down and unmixed Monarchy And though saith he in the reigne of King John that power was lessened yet was there nothing derogated from the King's supremacy and absolutenesse remaining unviolated untill the perjured English rebels at this day have altered and diminished the just greatnesse of the King of England Def. reg cap. 8. Ans I admire that this man knoweth nothing but to rail on them whom he knoweth not Well I cast him over into GOD'S hands and fall to examine what he alledgeth Sure I am notwithstanding all his railing it cannot abide the touch-stone It is known to be a manifest lie which he alledgeth concerning the immediat successours of the Conquerour It is reported in even-down terms that these kings of whom Salmasius expresly speaketh esteemed Norman Laws established by the Conquerour too rigorous and unjust And therefore before they got the Crown they promised to the people to abrogate them and in place of them to establish the Laws of the Confessour Yea every-one of them promised more then another and to keep themselves within the bounds of Law to the very heart's desire of the people This was not only promised by themselves but also by others in their name And unlesse they had so promised they could never have gotten the Crown They got it upon the expectation of the accomplishment of their promise as the English Histories do abundantly storie And it cannot be denied but Henry 1. did give the Englishes a free Parliament and made it the government of the kingdom So that he is called the first king in England in whose time the power of Parliament was established And as for John it is very well known that because he did not stand to his oath and promise at his Coronation for establishing the ancient Laws of the kingdom but endeavoured to governe after the manner of the Conquerour in an arbitrary and loose way therefore the people rose-up in arms against him and dethroning him did set-up another in his room And whereas this man saith that the ancient Lawes of the kingdom did not derogate from the supremacy and absolutenesse of the king the contrary of that is already proved It seemeth strange to me that he is not ashamed to affirm that what Laws were established by Edward the Confessour and granted by King John were preserved inviolable to this day derogating nothing from the absolutenesse of John's successours Who knoweth not that the liberties of Magna Charta and de Foresta subject the King to Law And because that Henry 3. did not stand to the maintenance thereof after he had given his Oath at a Parliament at Oxford to maintain them inviolable therefore the People took up Arms against him till after many debates between them they caused him often to promise that they should be inviolably observed as well by him as by all other Thus they tied not only him but also his heirs to govern according to the ancient Laws of the Kingdom And because Edward 2. did act against these Laws following the counsel of Peter Gaveston and the two Spensers therefore he was imprisoned and dethroned after several conflicts between him and the People 'T is remarkable that the People refused to crown him till firstly he did put P. Gaveston from him And likewise Edward 5. was deposed after he had reigned two moneths and eleven dayes and was obscurely buried in the Tower of London Where then I pray you is the absoluteness of the King of England Inst 6. Vnder Edward 4. saith Salmasius it was enacted That the King might erect a publick Judgmet-seat by his Letters patent in any part of the kingdom he would Vnder Henry 7. it was enacted and declared That the King had a full power in all Causes in administring Justice to every one In the first year of Edward 6. a Statute was made declaring all authority both Spiritual and Temporal to be derived from the King Def. Reg. cap. 9. Answ I must needs say This hath more colour of probation then any thing the man as yet hath objected But notwithstanding this he will do well to observe this distinction 1. What is given to the King by way of complement and Court-expression 2. What is giving to him in reality and by way of action The truth is in the first notion there is as much ascribed to the King of England as if he had been indeed an absolute Prince On him you have these Court-Epithets The King of the Parliament The sovereign Lord of the Parliament Yea and the Parliament is called The Parliament of the King He is called The Original both of Spirituall and Temporal power having full power over all causes and persons and to erect Judicatories in any part of the kingdom where he pleaseth This is spoken But what then Examine the matter aright and you will find it but spoken What cannot Court-Parasites and flattering Councellors passe a fair compellation upon their Prince 'T is the least thing they can do to bring themselves in credit with him Read the Parliamentary Acts of Scotland and you will find just as much spoken if not more of the King of Scotland In Parl. 18. Jam. 6. Act. 1. 2. James 6. is called Sovereign Monarch absolute Prince Judge and Governour over all Estates Persons and Causes And yet who dare say but the King of Scotland according to the Law of the kingdom is a regulated and non-absolute Prince But according to the second notion let us examine the strength of these Epithets And so in the first place we fall a-discussing particularly these three Sanctions of which Salmasius speaketh The first saith That the King by his Letters patent may erect Court-Judicatories in any part of the Kingdom where he pleaseth This will never conclude that the King of England hath an absolute power This Act only speaketh of his power of calling inferiour Judicatories What is that to the purpose The King of England had power to call and dissolve the Parliament the highest Judicatory of the Land Yea Henry 1. did ordain and constitute the Parliament Yet notwithstanding that as is shewed already the King of England cannot be called absolute The King of Scotland hath power of giving-out Letters of Caption Parl. Jam. 2. chap. 12. Courts of Regalities are justified by the King's Justice chap. 26. And the Parliament petitioned the King to cause execute the Act anent the Establishment of Sessions for executing Justice chap. 65. The power of the Colledge of Justice is ratified and approved by the King Jam. 5. Parl. Edinb Mar. 17. 1532. But who will therefore call the King of Scotland an absolute King The second Sanction giveth the King full power over all persons and all causes But I pray you doth this give the King power over the Parliament and Laws No verily It only giveth the King power over all persons and estates separatim
Heroicism and gallantry of old some were of a simply vast and absolute power and in nothing subject to Law 29 The first erecters of Kingdoms and planters of Colonies were of an absolute power altogether unsubject to Law 34 Personal endowments and extraordinary gifts have drawn-on People to devolve an absolute and full power without all reservation upon some men 40 Conquering Kings in old were of an absolute power 47 Vsurping and tyrannous Kings in old had an absolute power 47 Except for some of these causes there was never any King so absolute but his power one way or other according to Law was restricted Ibid. SUBSECT 2. The wicked Kings of the Jews had an arbitrary power both over Religion and the People of GOD. 120 The tyrannous and usurping Kings of the Jews in all probability had an arbitrary power over the Republick Ibid. The good Kings of the Jews because of personal endowments had exemption and immunity from Law 121 The Kings of the Jews de jure had no arbitrary and uncircumscribed power 125 SECT II. Royal Power ectypically is the choicest of Governments 135 Monarchy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is the best Government 136 Monarchy demotically in respect of the disposition of people is the choicest Government Ibid. Kingly Government consecutively in respect of its fruits and consequences may be hic nunc the best of all Governments 138 Regulated and mixed Monarchy per se and in it self is the sweetest Government 140 Monarchy consecutively in respect of the fruits and effects it may and doth produce simply absolutely is of all Governments most dangerous and least to be desired 141 SECT III. Democracy arightly constituted simply absolutely is the sweetest Government and most for the good of the People 152 Moses before the counsel of Jethro had a Kingly power 155 After the accomplishment of Jethro's counsel and the institution of the seventy Elders neither Moses nor any of the Judges had a Kingly power 157 No man by Nature in a formal and antecedent way is born subject to Government 165 Nature per accidens and in a secondary way intendeth Government 169 SECT IV. It is not lawful to resist the King as King nor the Kingly power as the Kingly power 171 It is lawful and commendable to resist the tyranny of the King and the abuse of his power Ibid. Kingly Government may very lawfully be declined that one better may be set-up 180 SECT V. We are tied by League and Covenant to maintain and espouse Christ's interest absolutely notwithstanding any thing may ensue thereupon Ibid. By no Oath or Covenant can we be absolutely tied to espouse the King's interest and preserve Monarchy involably Ibid. A SURVEY of POLICY OR A Free Vâ—NDICATION of the COMMON-VVEALTH of ENGLAND PROEME COURTEOUS READER I Beseech thee judge of me impartially Do not imagine I speak my mind more freely then is pertinent Let me tell thee my freedom is upon a good accompt I may hold my face toward Heaven and say what I speak it is from the simplicity of my spirit My record is from on high I do not speak from a by-assed principle and if I do so shall not my Lord try it out Why I pray thee wilt thou stumble at my freedome in expressing my mind against Kingly Government in behalf of that which is popular Verily I desire thee not to cleave to my judgment implicitly Yet would I have thee duly examining without prejudice what I speak and embrace that which is good wilt thou learn so much of that which the world cals Scepticisme as to suspend thy judgment a little and not sentence against me at the first Be not wedded to thine own opinion but try all things and hold that which is good Do thou kindly embrace any thing which is of GOD in this Book I do ingenuously profess I shal forthwith be of thy judgment if thou shew me better grounds inforcing the contrary of what I maintain Well the main subject in hand resolveth upon this Question Whether or not is the Commonwealth of ENGLAND an usurped power These Questions being put aside that follow it is easily answered 1. Whether or not is the power of the King absolute 2. Whether or not is Royall Government the choicest of Governments 3. Whether or not is a Commonwealth the best of Governments 4. Whether or not is it lawfull to resist the Royall Person and decline the Royall Authority 5. Whether or not doth the Covenant tye us to preserve Monarchy inviolably Of these as followeth SECT I. Whether or not is the power of the King absolute THe Court-Parasits and Nation of Royalists do plead much for an arbitrary and illimited power to the Royall Person But in this matter we do freely offer our judgment ASSERT I. The power of the King as it commandeth just and lawful things is absolute and in such a notion cannot be lawfully contraveened It is made good firstly from that which Solomon saith for he doth whatsoever pleaseth him Where the word of a King is there is power and who may say unto him What dost thou Eccl. 8. These words by Writers are diversly expounded 1. Some expound them concerning the absolutenes of the Kings power whether in things lawfull or unlawfull good or bad And in this we find none more willing then Salmasius the Humanist Defens Reg. cap. 2. 2. Others again who are no friends to absolute and unlimited Monarchy do interpret the words not de jure but de facto Regis i. e. they opinionat that Solomon doth not speak here of the power of Kings which according to Law and Reason doth belong to them but concerning the absolute way of governing which one way or other is conferred upon Kings whether by usurpation or tyranny or by a voluntary and free subjection of the people to an absolute and arbitrary power in the Kingly Person Yet 3. I do choose a way distinct from either of these And I expound the words concerning an absolute power in the King in things lawfull and honest This I make good from the Contexts 1. The Preacher saith I counsell thee to keep the Kings commandment and that in regard of the oath of GOD. Now what power the Holy Ghost here giveth to Kings is such a power whose ordinances he exhorteth to obey and that under an obligation being tyed to obey it by a lawfull oath the oath of GOD. But we cannot obey the unjust Acts and Ordinances of an arbitrary and illimited power Unless you will say that it is lawfull for us to sin against the LORD and to do the will of man rather then the will of GOD which is contrary to that which is spoken Act. 4. and 5. Yea as afterward is shewed arbitrary Monarchy invested with a boundlesse power to do both good evill is sinful and unlawfull And therefore we cannot tye our selves by the oath of GOD to maintain it Sure we are we can not lawfully swear to maintain and obey
a King as that to reign over them If he affirm it then they sought a tyrannous King to reign over them And so he belieth himself If he deny it then it followeth that in even-down terms they sought no King but one who would judge them in righteousnesse But this Royallist will have them positively to seek an absolute King to reign over them Then tell me how can this agree with these pretences whereupon they sought a King to wit to reform their Commonwealth and to banish corruption out of Judgment-seats and because Samuel was not able to perform this as they alledged therefore they sought a King But Samuel might have said to them in seeking an absolute King ye seek a remedy worse then the disease Such a King whom ye seek having power to govern at randome according to his pleasure will not be a fit man to redresse the enormities of your Estate He may well aggravat the burdens under which ye now groan but he will not lessen them and ease you of your burden Be sure ye will get few or no good Kings but ye will have many bad who having a vast power will make you groan under their yoke So then might Samuel have said ye can no wayes pretend a sense in you of the want of the exercise of righteous judgment and of corruption and enormity in the Judges Ye scorn your selves to enforce your purpose therefrom in seeking a King whenas in seeking an absolute King ye forthwith give your selves the lie and undermine your own grounds Again if positively as is manifest from these ends above-written they sought no King to reign over them but such who would govern them according to Law and reason then is it more then apparent that positively they sought a regulated and non-absolute King to reign over them for as governing according to judgment and righteousnesse is done according to Law and reason so it can never absolutely be performed unlesse the governing power be absolutely hemmed in by Law and regulated thereby Now the absolute ends which the Israelites did set before their eyes in seeking a King do resolve upon governing according to judgment and righteousnesse And I would fain know of this man how he can conclude this consequence The people of Israel did seek a King to govern them according to judgment and righteousnesse Ergo they did seek an absolute King and did not deprecat the greatest of tyrants Verily the consequence at least virtually is repugnant to the Antecedent for in so far as they seek a just and righteous King fit to govern them according to Law and reason in as far they abominat an absolute King one in a capacity of tyrannizing over them Thus you see that the people of Israel do neither positively nor negatively seek an unjust and tyrannous King to reign over them We hasten now to the Assumption And we observe that the man contradicteth himself in it for he saith not onely cap. 5. but also cap. 2. that there were many Kings of the Nations at that time subject to Law And for proof of this he citeth Aristotle Pol. l. 3. c. 10. and 11. Diod. Sic. l. 2. But as a man awaking out of his wine he recalleth to his memory what hath escaped him and laboureth to correct it And so he addeth that though Diodore storieth that the Kings of Egypt were subjected to Law yet do we never read saith he that ever any of them was cut-off and beheaded by the inferiour judges And though Aristotle quoth he saith that all the Oriental Kings did govern 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 yet notwithstanding they did rule with an absolute power though more remisly then did other Kings Def. reg c. 5. 8. Albeit this man doth not admit a plenary and full subjection of Kings to Law yet nevertheless he is constrained by force of example to acknowledge that Kings were some way or other kept under the power and reverence of Law And he cannot deny but Diodore storieth of a most wonderful subjection of the ancient Aegyptian Kings to Law He telleth us that they were subjected to Law in their eating and drinking lying and rising yea in preserving their health they were restricted to Law And which saith he is more admirable they had not power to judge to gather Money together nor to punish any through pride or anger or any other unjust cause And yet saith Diodore they took not this in an evil part but thought themselves happy to be subjected to Law I trow this is far from Salmasius his cui quod libet licet He will have the King above Law not subject to any Law But the Egyptians will have their Kings under the Law and subject to it And though this immodest man doth say That the Egyptians notwithstanding did not cut-off any of their Kings yet catcheth he nothing thereby 1 Because the Egyptian Kings as Diodore telleth us were most observant of the Laws Therefore he saith Plurimi regum the greatest part of their ancient Kings lived blamelesly and died honourably Rer ant l. 2. c. 3. But I beleeve that Law cannot strike against the innocent 'T is iniquity to kill a man who deserveth not death Diodore telleth us of three things which made the ancient Egyptian Kings to walk closely and keep themselves within bounds Firstly their wayes were narrowly hedged-in by Law Secondly they were alwaies attended with the Sons of the Noble and Chief-Priests whose eyes were alwayes fixed on them Thirdly Kings that walked not straightly as nothing was proclaimed in their life-time to their praise but to their discredit so in their death they wanted the honor of solemn and sumptuous burials which were given to good Kings after their death The fear of this hedged-in their wayes and made them stand in awe 2 We deny not but Diadore in that same place insinuates there were many evil ancient Egyptian Kings Yet we say not tyrannous as Salmasius would have it for we do not think that though many of their Kings were wicked in themselves they got liberty to tyrann ze over the People The Egyptian Laws were more strict then that they would dispence such a liberty to any of their Kings Diodore saith they were tied to the Law no less then private men And withal he saith their Judges were most impartial and could not be bought-by either by favour or gain Which maketh us imagine that they hemmed-in the wayes of the most dissolute King amongst them and did not give him liberty to tyrannize over the People Therefore it is very observable that Amasis getting power in his hands did tyrannize over the Egyptians Whose tyranny the Egyptians did tolerate so long as Diodore saith as they wanted the opportunity of punishing him till Actisanes King of Ethiopia came down into Egypt And then saith the story the Egyptians called to mind old quarrels against Amasis and falling from him to Actisanes they unkinged him and set-up Actisanes in his room who
disobedient but not rebels to Noah They acted against his will but not in despight of his will They took not liberty from him to do his will though they took liberty to do their own will also We can not think that the light of Nature was so far extinguished in them that they did not honour him as their father A debording son as Esau can entertain Isaac with Venison though he walk not in his wayes And I do not think if they had not honoured him as their common father unlesse they had been extraordinarily restrained they had destroyed him and all his followers Sure I am they wanted not power to do so The godly party was but an handful in respect of them What then I pray you could be the ordinary mean of their restraint but their natural respect and affection toward him Nay they honoured him so much that they esteemed him their Coelum their Sol their Chaos the semen mundi yea and the father both of the greater and lesser gods Ber. ant lib. 3. And what we have spoken of Noah the like also may be said of Adam Before the Flood there was also a golden age 1556 years Wherein men lived as under one common father each of them knowing the intimate relations one to another until Monarchy was erected till the close of the 500 year of Noah's age as is shewed already Before which time Adam had died 626 years and Seth 514 years But so long as Adam lived what superiority Noah had over his posterity in the golden age after the Flood Adam had it rather in a more then lesse measure then he Adam was not onely their common father but also he was their first and primary father As we have evinced the truth of this point from examples in Scripture so we may evidence it from examples in humane Histories V. G. The Mitylenians gave to Pittacus an absolute power of governing because of his personal endowments Diog. La. de vit Phil. lib. 1. de Pit Arist Pol. lib. 3. cap. 10. The like power did the Athenians confer upon Solon upon the same accompt Diog. La. de Sol. Plut. in Sol. So it is alledged that James 6. because of his pretended personal endowments obtained an absolute power and a negative voice in Parliament In the interim observe That those who allow absolute Monarchy because of personal endowments do not imagine that Kings have an absolute power because they are Kings but as they are such Kings i. e. Kings not only in respect of station but also in respect of qualification exceeding all others And so they conclude that a King so qualified may very conveniently be entrusted with an absolute power for they apprehend that though such a man have power above Law yet will he not act against Law And likewise they imagine that such a man being in all respects above all men both in respect of station and qualification can no wayes be inferiour to any man Thus Aristotle inclineth to absolute Monarchy of this moulding Pol. lib. 3. cap. 11 12. Conclus 4. Kings in old were of an absolute power without the bounds of all restriction by vertue of purchase and conquest So were the grand Heroes as is shewed already Hence was it that Nebuchadnezzar and the Kings of the Persians had an absolute power over the People of the Jews Conclus 5. Kings in old by meer usurpation and tyranny had an absolute power without any circumscription So Pharaoh had an absolute power over the children of Israel and the wicked Kings of Judah at least of Israel over their people Thus Nebuchadnezzar had an absolute power not only over the people of the Jews but also over all his subjects Of whom it is said Whom he would he slew and whom he would he kept alive and whom he would he set-up and whom he would he put-down Dan. 5. After this manner Ahasuerus and Artaxerxes had an absolute power over the people of the Jews though we deny not but what either of them did act or intend against the Jewes was by the mediation of evil Counsellours So had Herod an absolute power Matth. 2. Jos Ant. lib. 15. Yet we deny not but it was through other men's means more then his own that he had a power to tyrannize and govern at random The ten persecuting Kings Dan. 7. Rev. 13. had an absolute power over the People of God But moe examples of Tyrants you may read Judg. 1. and 9. 2 Sam. 21. Mat. 27. Luke 23. Act. 12. In the books of Apocrypha as Tob. 1. Jude 2. 3. 1 Macc. 10. 2 Mac. 4.14 c. See also Beros Ant. lib. 1. Diog. La. lib. 6. Plut. de Dionys Brus lib. 6. cap. 21. Arist Pol. lib. 5. cap. 10. What needeth us so to accumulate quotations and examples when as it is evident both from divine and prophane writ that there have been almost tot Tyranni quot Reges Conclus 6. Vnlesse it had been for some of these causes above-written there was never at any time any King so absolute but one way or other according to Law his power was restricted In establishing this Conclusion we observe this order Firstly we prove the point from example And in doing so you will do well to observe that examples to this purpose are of a twofold kind 1. There are some which point-out to us That Kings in old were no lesse subject to Law then any of the People 2. Some of them shew to us That though the King's power for the most part hath been absolute yet notwithstanding in some case or other it hath been hemmed-in by Law Of the first kind we have examples both in the dayes of the Heroes and in after-times That in the dayes of the Heroes some Kings were no lesse subjected to Law then the People may be examplified both from the Commonwealth of the Jews as also from the condition of some Kingdoms amongst the Gentiles But we forbear till afterward to speak any thing of the Jewish Commonwealth And amongst the Heathen you have to begin with the ancient and stately Kingdom of Egypt It cannot be denied but the Kings of Egypt in old were most precisely hedged-in by Law Whatsoever they did was according to Law They walked they washed they lay with their wives they did eat and drink according to Law They wrote Letters and dispatched Messages according to Law It was not permitted to them to treasure-up silver to judge or punish any at random and according to their pleasure but as privat men they were subjected to the Laws the yoke of which they did bear patiently willingly submitting themselves thereto and esteemed themselves happy to be subject to them Diod Sic. rer an t lib. 2. cap. 3. This Diodore as he confesseth himself hath from the writings of the Egyptian Priests which he diligently searched as he saith Out of whose writings he giveth us three reasons why the Kings of Egypt were for the most part good and kept
scarcely be called it 's own Which maketh me in reason conclude that then there was little time left for exercising Policy and putting Lawes in execution This Polydorus Virgilius telleth in a word whileas he saith that before Henry 1. there were few Conventions made by the Kings amongst the people for ordering according to Law the businesse of the Kingdom Angl. hist lib. 11. Although in an absolute notion 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 we may say that from Brutus unto Cassivelanus and from Cassivelanus unto William the Conquerour Kingly Government in England was non-absolute and without full power yet we cannot say so in a relative notion 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as afterward shall appear 3. As the Kingdom of England was about the dayes of the Conquerour whether a little before or afterward unto this time We deny not but under the reigne of the Conquerour himself Regall Government in England was of a most absolute and arbitrary power In this we take Salmasius by the hand He needed not Def. Reg. cap. 8. to have troubled himself to have cited any Authors for proof thereof Very reason it-self teacheth the point for he subdued England by strength of hand But sure I am a Conquerour may dispose upon a conquered Kingdom according to his pleasure It is an act of favour in him if he do not destroy all much more as an absolute Lord to rule over all In the interim I desire Salmasius to take a view of Polyd. Virg. Angl. hist lib. 9. where he shall find the point evidenced to his heart's desire beyond any Historian he citeth Although in this we go-along with him as we must needs do yet notwithstanding we cannot say so much whether concerning Edward who preceded or those who succeeded him Let it be so that those who succeeded the Conquerour had the same priviledges which the Conquerour did arrogat to himself Yet can it not be denied but according to Edward the Confessour his Lawes or as they are called the ancient Lawes of the Kingdom Kingly Government in England is regulated and not absolute We make the point good from these reasons Firstly because according to these Laws the King of England is not hereditary And therefore we read not that ever Edward did tie the Crown of England to Royall succession I confesse it is alledged that he promised the Crown after him to William the Conquerour who was of neer kinred and great credit with him if he had not children of his own But this is not only improbable in it-self but also it is so judged And why shall we think otherwayes of it seing the Conquerour came not to the Crown of England by blood-right but by meer Conquest having the whole Kingdom of England against him And Polydore saith Hinc colligere licet vel Edovardum non servasse fidem Gulielmo quam à principio de hereditate regni non satis considerate dedisset vel nullum quod verisimilius est fecisse promissum Angl. hist lib. 8. This he gathereth from that which Edward spake to Haraldus whileas he prayed GOD that either he would avert the comming of England into the Conquerours hand or else that he would keep him back from it so long as he lived Therefore to me it is more then apparent that the Confessour did not in his Testament assigne the Conquerour to the Crown albeit Salmasius alledgeth the contrary Def. Reg. cap. 8. What Doth not Polydore tell us that because Edgarus was of young and tender years he was not admitted by the people to reigne And fearing lest the Conquerour should succeed to the Crown they rejoyced greatly that Harald took upon him to reigne in Edward's room Whereat as may be learned from Polydore Edward was not displeased himself but very well satisfied that Harald should succeed to him Whereupon we fear not to say that not onely the power of enkiâ—ging was in the people's hands but also that the Confessour did not promise the Kingdom to the Conquerour after him although the contrary be alledged And is it likely that the people would have so much declined and withstood the Conquerour if Edward had assigned him to the Crown as his heir No verily for they adored him as their Law-giver It is known that Rufus was but third son to the Conquerour and yet he was created King Him the people preferred before Robert his eldest brother What Would they have done so if blood-right by the Law of the Kingdom had been the title to the Crown No verily It is remarkable that Rufus was ordained King and it was not so much as objected that Robert was elder then he he being but the third son to the Conquerour and Robert being the eldest Yea Rufus dying without children they appointed Henry the Conquerours fourth son King as yet passing-by Robert the eldest And which is more though Henry 1. had left in his Testament his daughter Mathildis together with her sons as heirs of the Kingdom yet notwithstanding the people created Steven Nephew to Henry 1. By the authority of Parliament it was ordained that Steven so long as he lived should enjoy the Kingdom of England and that Henry 2. son to Mathildis daughter to Henry 1. should succeed to Steven in the Kingdom of England passing-by any that was begotten by Steven Likewayes the people created John King although K. Richard dying without heirs had left Arthure son to Gaufredus who was elder then John heir to the Crown I might speak more for clearing this purpose but I forbear judging this sufficient Whence it is more then evident that the Crown of England since the dayes of Edward the Confessour by no Law of the Kingdom is hereditary I confesse since that time now and then the Kings eldest son did succeed and was holden as Heâ—r of the Kingdom But this was onely by custome through favour of the Race in which according to the manner of Nations which I must needs call an abuse very ordinarily the first-born is preferred as the onely lawfull Heir of the Crown Therefore seing the Crown of England since that time hath not been at least precisely hereditary to me it seemeth very probable that for that time it hath not been absolute and arbitrary for so the original and fountain-power of enkinging is in the People's hands And consequently in this respect the People are simply above the King as the cause is simply above its effect Philosophers say That causa est nobilior suo effectu And so seing the King of England dependeth from the People no question they have simply a power over him and not he an absolute power over them Secondly Because according to these Laws the liberty of the subject is vindicated and the Prince is subjected to Law Because in Henry 1. his time a Parliament was holden At which time Parliamentary Power by the Law of the Kingdom was declared the Supream and highest Authority for any thing of weight was referred to it So that whatsoever was done