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
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
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
conditions that if more should be required from Him though when conquered the Subjects would be loosers by it and they would gaine that by a miserable Warre which will much diminish the happinesse of Peace They will not now descend to a Treaty with their King they like His humility but are not well pleased it was not shewne sooner onely some slender hopes are given that their Generall shall have commission to pardon His former unwillingnesse to suffer if He can redeeme those errors which have put them to expence and trouble by a constant tamenesse for the future From Nottingham he slyes to Shrewsbury for they are contented to give Him line enough being confident they can strike Him when they please in the meane time 't is good sport to see Him wearying Himselfe with fruitlesse indeavous to escape when at last being tyred with long and vaine strivings He must be forced to deliver Himselfe quietly into their hands Thus was he accused to be the assaulter who was so long time unable to resist their violence Ei fuit saluti quòd videbatur certò periturus his apparent weaknesse did deliver him from that power which was ready to swallow him up they had then destroyed him if they had not beene more wanton then conscientious This narration is abundantly sufficient to prove the warre to be defensive of the Kings part But I will examine it further by the rules of Justice Albericus Gentilis defines warre very accurately presupposing the lawes of society and excluding private Duells publicorum armorum justam contentionem a just dispute of differences by publique swords l. 1. c. 2. de jure bel just negante sensu for that which is not unjust and in the law notion in reference not to the causes for this is called pium bellum but the authors waging it Wherefore he shewes that it cannot be but betweene independent States and Princes Citizens or Subjects cannot be lawfull enemies opposed to their Prince because they want supreme authority without which the warre is not publique nor can it be justified The reason is because warre is only excused by necessity that is when there is no legall way to end controversies by prohibiting farther appeales as amongst distinct States or severall Princes who acknowledge no superior and are not bound to submit to any Court and may perhaps not agree upon arbitrators because in some cases none can be named who are uninterressed in the decision But I will not insist upon the injustice of Subjects making war for any cause whatever upon the supreme power because this was evidenced at large in the second Section where I proved that a liberty of resistance doth destroy the nature of soveraignty or supremacy and introduces regnum in regno civitatem in civitate by dividing the civill power which can be but one if the State or Kingdome be but one That of Cyprian shall be the entrance into our iniquirie concerning the injustice of this present warre of the Subjects part setting aside their duty of non-resistance by divine law applyed to our constitutions and supposing an equality or independancy betweene King and Subjects for want of a reasonable cause which might excuse those great mischiefes as being a necessary remedy to prevent greater Homicidium quum admittunt singuli crimen est virtus vocatur quum publicè geritur And there is some ground in reason that shedding though the bloud but of one man should deserve an ignominious death and to kill thousands by publique authority should make our lives glorious Because there is as vast a difference as betweene the guilt of murtherers and the gallantry of men undertaking the administration of justice with personall hazard for preservation of publique rights First therefore a jurisdiction is required where lawes are wanting to make use of force for recovery of right which Subjects cannot have over their Prince and this doth make justum bellum And secondly a sufficient cause is necessary there must be reasonable motives or else it cannot be pium bellum Except wee have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wee commit murder with the sword of justice The method of the Romans was to demand their rights in a peaceable way by their Heralds and in case restitution was denyed then warre was proclaimed and the cause likewise declared nec dederunt nec solverunt nec fecerunt quas res dari fieri solvi oportuit as wee find in Livy that the world might be satisfied in the innocence of their unwilling violence So carefull were they to preserve their credit with mankind whom it universally concerned that warre should not be waged upon light and unjustifiable grounds There must be belli causa gravis a sober inducement to make the warre defensive and if this were not wanting reall injuries having beene offered yet if this cause were taken away by an after readinesse to make full satisfaction if the offended parties would not accept of restitution the warre was then esteemed offensive of their part and they became guilty before God for the causelesse effusion of so much bloud and worthily infamous amongst all good men Melior causa ad partem poenitentem transibat To apply briefly these unquestionable rules of justice to the present case for I find that long reasons doe as little satisfie the common sort as none at all they having but narrow memories and it being the same thing not to know and not to remember I will put but one interrogatory to such as take up Armes against the King Why they are Rebels and Traytors cui bono for that they are so I appeale to the Judges of the Land or referre them to the plaine and evident Law 25. Edw. 3. Let them suppose themselves arraigned and the Judge to aske what they can say for themselves why sentence should not passe for their condemnation according to expresse law Certainly they could not make a fairer plea then the Earle of Essex who had not proceeded to offer violence to the Queene and yet was adjudged a Traytor for appearing in Armes only with intention to remove evill Counsellors The pretext is in defence of Liberty Lawes Property Priviledges of Parliament and Religion But the reall cause is the preferment of a few ambitious persons who will not permit the Lawes to have their free and uninterrupted course the knowne security of the Subjects happinesse because the orderly administration of justice doth not signifie that the King will bestow such offices upon them as their inordinate desires aime at He cannot doubt the truth of this who hath read and observed the conditions without which they will not suffer peace and to compasse which His Majesty hath left no reasonable wayes unattempted I am confident He hath offered so much to His Subjects as would content honest and moderate conquerours Concerning Lawes there shall not be any other measure of mens actions besides those knowne rules Neither Royall Proclamations nor fellow Subjects Ordinances shall make the people miserable under
in peace we shall finde by putting downe Kings they laid the feed-plot of those many miserable civill warres with which that people was so frequently so extreamely afflicted The forme of that Commonwealth was Democraticall The governement of Rome according to the forme democraticall but according to the practise an illegall Monarchy but if wee judge of it not as established by Law but according to the practice almost in all times we must pronounce the Government an illegall Monarchy For either some one man governed the Senate and made them an instrument to oppresse the people or else according as it was aptest to advance his interests siding with the people and telling them the Nobles took too much upon them Different judgement of the best forme of governement oft-times the cause of sedition he by their power compassed his private ends under the names of common good publique safety The truth is the different judgement of the best State doth de facto open a gap to sedition because men naturally desire to live most happily and are easily tempted to contribute their endeavours to any change which they fancy for the better though in right it ought not to be so notwithstanding some forme might be proposed which were really more perfect because our faith once given to the present government cannot be recalled this civill union is as fast tyed as the marriage knot we are bound to take it for better for worse And if otherwise States would probably be shorter liv'd then men as having their foundation on the sands that is on the inconstant wills of the people who are blowne about with every winde of contrary discourses Fallacy in discourses concerning what kinde of governement is best But in this dispute concerning the best forme of civill society there is a great fallacy as yet not fully discovered Schemes are drawne in speculation and politique discourses are framed which beare much resemblance with some figures of Mathematicians which are made with much ease upon paper and with apparence of solid demonstration so that the Schollers not able to object against it entertaine it for certaine knowledge But when reduced into practice in wood or stone the failings are presently seene and their contemplations appeare vaine and unprofitable because they did not take into consideration the capacity of the Subject on which they were to worke nor fore-saw what resistance the matter would make This errour is committed in the comparison of States and many plausible reasons are laid down for the rule of the Nobles or of the people which are best confuted by experience For when it is debated whether Monarchy be the most convenient government the true sense of it is this if we judge according to the frequent practice which in Politiques is made the most reasonable measure of Lawes whether the people will live more happily when Law places the supreame power in one and nominates that person by which no roome is left for division or when one man being more active and crafty then his fellowes who ought to have an equall share in this authority raises a faction upon plausible pretences and under colour of serving his side perswades them to be commanded by him and so exercises the supreame power in an illegall way which as it is compassed by ingaging the people in misery under colour of making them more happy so â—â— it must be kept up by as bad arts and an Army must be maintained to make good by force what Law cannot justifie I do not wonder for it is no strange thing part of the people should be unwise that some should be induced to cast off Monarchy They are told it is very unreasonable that one should have all the power Toto liber in orbe Solus Caesar erit They may upon the same ground perswade them to quarrell with God Almighty Their meaning is though they dare not speake out there is no government good unlesse they have a share in it This interest of being joynt Soveraignes makes them unable to see or else willing to dissemble the apparent dangers which division threatens as likewise the great disadvantages which wait on slow proceedings counsels as well as men growing weake by age and the unhappy miscarriages of brave undertakings because not managed with fitting secrecy All these three are plainly spoken in many Governours Faction Delay Opennesse The method whereby the peoples affections are poysoned and wonne to a dislike of the present State By what means so many of the people are misled into Rebellion and by degrees brought first to desire then to attempt an Innovation is this All the defects how unavoidable soever by reason of secret lets and hinderances not to be fore-seene as depending upon many circumstances which are variable according to other mens wills and which they have not the honesty to put the people in minde of are with great care represented to their considerations and much diligence is used to set before them a perfect Catalogue of what ever faults have beene committed by inferiour Magistrates and under Officers and as they have excellent memories in repeating grievances so they have learned an art very convenient for their ends and for creating a misunderstanding betweene King and people that they may manage the discontents of the Subject to advance particular designes to forget the severall satisfactions given by Princes when upon generall complaints they are fully instructed in their Subjects sufferings The next worke is to assigne such a cause of these corruptions as shall open a way to the alteration they aime at which is to impute them to the nature of a monarchicall government by telling them their happinesse is built upon a very uncertaine foundation the will of one man and if he be bad they must surely be miserable Lastly a promise is made of healing all their evills and the remedy is multitudo medicorum the same plausibilities may be urged to perswade an entertainment of many Physicians about a sicke person as about a distempered State but experience masters these reasons and hath demonstrated the danger of it they must place the Soveraigne power amongst many to the end if one should faile of his duty others may supply it if one should be willing to oppresse others may be able to protect them It fares with men in the distempers of State as in those of their bodies They are easily induced to make triall of what any man tells them will do them good and they have the strongest phancies to those things of which they have least experience But the Fallacy which abuses the people is non causa pro causâ there ever was and alwaies will be matter of Complaint under what kind of regiment soever we live and till men be absolutely perfect the governement cannot be so voluntary corruptions and naturall frailâ—ties must have an influence upon every state This tampering with the Body to reduce it to perfect health hath overthrown many
man gives full reines to his revenge as thinking it safe enough the feares from a few persons crusht by him being below the delight of manifesting his power in his enemies calamity Thirdly the covetousnesse of Senators is more devouring because we may feed one fire with lesse expence of fewell then a hundred And fourthly a Princes profuse spending upon favourites is infinitely over-ballanced by so many providing for their poore kindred and making friends and purchasing dependants This art very necessary to all men imployed in State affaires who are subject to various censures of underpropping their reputation and hiring Advocates to plead for them in their absence must draw out very considerable summes and be more chargeable to the people from whom the supplies must come then the bounty of one man though showred downe over-plentifully upon some few privadoes The wisest States have ever made ample allowances to enable their Prince to bestow favours according to merits or liking the priviledges of every private man it arguing a noble soule to be bountifull It hath beene shewed already that Monarchy is a more healthy constitution and that when sicke the diseases of it are lesse violent Easie remedies for a sicke Monarchy and it will easily be made to appeare they are more curable Good counsell or at least age and experience hath reformed many Princes but however our grievances are mortall the death of one opens a way to better hopes but the corruption of a Senate ends in dissolution The diseases of a Senate incurable Tacitus gives a full character of the distempers which are fatall to a degenerate Senate Inter Patres plebémque certamina exarsêre modò turbulenti tribuni modò consules praevalidi in urbe ac foro tentamenta civilium bellorum Mox è plebe infima C. Marius nobilium saevissimus L. Sulla victam armis libertatem in dominationem verterunt 2. hist There arose hot contentions betweene the Nobility and Commons now the factious Tribunes bore sway then the Consuls kept them under In the City and the place of publique assembly there were frequent skirmishes the Preface and Essayes to a civill warre Anon Caius Marius the meanest of the Commonalty and Lucius Sulla the cruellest amongst the Nobles destroying their liberty and property by the assistance of their illegall Militia introduced an absolute and unbounded government There be some The miseries of a kingdome when a child governes an argument for monarchy with whom that of Ecclesiastes prevailes wo to thee O land when thy King is a child and they thinke it a strong argument against monarchy because this calamity is not incident to a senate they not being subject to nonage But this place rightly understood is a very full confirmation of the happy condition we have reason to expect under monarchy and of the calamity and woes which probably attend an Aristocracy For the cause of those miseries foretold is plainly this A King during his infancy being not able to rule the government is managed by the nobles Whence we learne that change which the people oft times with sinfull earnestnesse labour for is to be found in the catalogue of Gods judgements and they sue for and by wicked arts endeavour to compasse their owne punishment It is an argument of Gods great mercy to them that he fights against them if he were thoroughly angry the designes of innovatours would have better successe This truth is warranted by scripture For the transgression of a land many are the princes thereof but by a man of understanding and knowledge the state thereof shall be prolonged prov 28. 2. To all these corruptions a popular state is more subject Popular forme the worst government and the imperfections of it are so much the greater as it is farther distant from monarchy the temper of it which is unity the soule of government being more easily dissolved Those which cry it most up will be unwilling to admit it in their families which are smaller principalities Three things especially have made it so taking with the vulgar 1. a pretended impartiall administration of justice 2ly an empty name of liberty and 3ly the so much applauded equality by which they seeme to reduce their civill constitutions to the primary lawes of nature which gave to all men a common right Concerning the first More equall administration of justice without reason and against experience promised in this forme their hopes that justice should be more equally administred are grounded upon this probability It is very hard to corrupt a multitude into favour or respect of persons though some rivers have beene infected the ocean cannot be poysoned A man may satisfy the interests of one or some few but to buy injustice of so many would be no thriving trade he might more cheaply loose his cause This is a plausible but very fallacious argument Because experience makes it evident that to prevent the evills of division which the many following particular and crosse interests doe beget one remedy is constantly made use of which is this some few of the more crafty citizens who have gained credit with them agree together in private order businesses at their close committee and so undiscernably lead the multitude on to what ever they call the publike good of which they having prevailed upon their affections are esteemed the most competent Judges And what is this but to pretend to a Democracy and be governed by an illegall Aristocracy By this meanes any one of the Junto for they must gratify each other mutually is enabled to stop the course of law in a friends behalfe and to put a sharper edge upon the sword of justice when it strikes an enemie These kind of men have got the Art of changing the peoples opinions of just and unjust according as it is more suitable to their owne profit and they are not so much beholding to any solid wisedome for it as a kind of frothy eloquence which wee may observe in their set speeches and declamations with much cunning fitted to the capacity of their auditors They do not at all trouble themselves to satisfy reasonable men for they are but a few and can stand them in little stead where things are carried by the greater number and reasons are not weighed but told The art is to apply their harangues to that which rules weaker men the affections suadendo docent non decendo suadent and these are easily convinced and made the measure of their judgement the want of weight in the premises being supplyed by an extraordinary love to the conclusion It was too truly said in reference to these popular decisions Vtilitas justi propè mater aequi est From this fountaine arise the many debates amongst men in civill affaires For in Mathematicall knowledge because it concernes not meum and tuum there is an unanimous consent all agree what lines are streight and what crooked but the judgements of right and
are truly transferred and now really in Him is very evident because else we should be bound to obey our Fathers commands before those of the King For divine precept stands in full force Honour thy Father c. and therefore we musts confesse tam pater nemo est in terris he that begot us is not so much our Father as the King is It may be fit to take notice here that the supreme power of a State hath by our particular deeds and common agreement as much right over not single persons onely but the whole body as every Father had over not this or that child onely but his whole family and as he cannot be said though major singulis natis yet totâ prole minor so neither a King if this power be placed in one which is essentiall to a Monarchy minor universis Though a Monarch hath greater right and larger power then even all the people could bestow upon him for he hath potestatem vitae necis He hath power of a higher nature from Gods grant and this Fathers have not now over their children over themselves it can only come from him who hath dominion over his creatures and therfore the people must looke upon him not only as their owne but as Gods representative yet to say nothing of this and to deale liberally with our adversaries by supposing though I cannot grant their principles true concerning the originall of power being in the people I can demonstrably convince them by most plaine and evident deductions from their owne scheame I tooke this method in my Answer to the Observations that by joyning issue upon their owne grounds I might put a quicker end to the debate It would have required more time to shew at large The Kings power was from God which was proved in briefe and there as is this discourse it is acknowledged to be restrained by His own or His Progenitors grants potest enim Rex vim regni minuere and so of much higher nature then the contribution of popular Votes could raise it to it was aboundantly sufficient to prove that the people have not any legall power against the King The former is built upon this pillar nemo dat quod non habet the power of the Magistrate was not in the people considered severally and before civill society and in such a State as the Aborigenes are described by Salust genus hominum agreste sine legibus sine imperio liberum atque solutum a multitude not a nation and certaine wild routs without Laws without Empire free to doe or suffer wrong and loose from all positive obligations Not any one having jus gladii a right to take away the life of man it followes they could not bestow it upon another for what is not cannot be alienated And therefore the supreame Magistrate hath more power then the whole people and is vice Deus Gods vicegerent Let them take heed how they call Gods minister the peoples Servant God hath taken especiall care the Magistrate should be honoured and respect is due as to his not their creature The latter that the people have not any legall power against the King is as firmely supported by another pillar nemo habet quod dedit Suppose the originall of power in the people or as they love to speake suppose them the efficient cause of power which cannot be but by giving to one man in a Monarchy to a Senate in an Aristocracy a right to use their divided strengths Since therefore they cannot retaine what they have parted with nor have what they gave away he which hath all their power I may adde his owne particular besides must needs be greater and more powerfull then they The truth is he is in a Monarchy and they are in an Aristocracy the only fountaine of all power and justice Answer to the Observat pag. 10. This is as certaine as that there are some governments besides Democracy for it is essentiall to them what is that which makes Anarchy except this that every man hath right to doe what he will Demonstration from the difference of formes of Regiment in reference to any nationall Law The only meanes to avoyd this confusion is to resigne up this hurtfull liberty which is very prudently done upon choice but necessarily upon conquest if it be given to one wee call that State Monarchy if to few wee call it Optimacy if to very many who rule by turnes and are elected by the people wee call it Democracy There cannot be any other ground to difference the formes of Regiment Hence appeares the weaknesse of those discourses which have no other strength then the impossibility that the people can make one greater and more powerfull then all they which is understood not of their naturall this cannot be past away to another but politique strength that is the right of using their power this may be and is parted with except the Governement be a Democracy because Quicquid efficit tale est magis tale The reply to the Answer to the Observations confesses my argument concluding if it were true that the people had parted with their power pag. 6. upon this the determination of the whole controversie depends and that it was rightly stated by me will evidently appeare because unlesse the people have resigned up their power the Author can never shew how this State is a Monarchy It doth not alter the case that the King hath restrained himselfe from the use of this power to some purposes without their consent as for making new lawes or raising money for this limitation only makes such acts illegall but doth not returne any power into them whereby they may be inabled to raise an Army or to oppose the Militia of the Kingdome against him to compell him by strong hand to governe according to law If the subject of this power be the people who may meet together and lawfully determine for though he resolve all into the two Houses yet if he follow the consequences of his owne principle he must goe thus high what they fancy conducing to their own safety wee are cleerly falne back into Anarchy To avoid this confusion the Author places it in their representatives but it will come to the same thing by undenyable deductions from his owne grounds For the same arguments which are made against the King equally conclude against the two Houses since Quicquid efficit tale Arguments brought against the King conclude as much for the people against the Parliament est magis tale and that they are intrusted for the common good may be equally applyed to them and then King and Lords and Commons are Voted away at the pleasure of the multitude The summe of his Book is that the people retain their power and therefore may make resistance in case he governe not according to law and he is responsable for such breaches The proofe is He is intrusted for their good and there is a mutuall covenant
betweene King and people and this violated by him dissolves the compact I have in this discourse punctually examined these and what farther grounds of scruples I could finde in the replyer as will appeare more fully in the following Section Being to answer so many I would not trespasse upon the Readers patience by an exact view of his particular mistakes which might have beene confuted with great ease but with no great advantage to the cause to which I have spoken more closely and as fully as I was able I will discover to him one desperate consequence from his principle which it concernes him to blush and repent for There is a mutuall Covenant betweene King and People and the breach of it dissolves the compact if so his Crowne is forfeited and he ceases to be King de jure upon such violation which he is now charged with because they could not have any colour for taking up Armes but upon this pretence Therefore the plaine conclusion is it is no want of duty in them though they depose him for it is no injury to take away what he can challenge no right to his claime was by vertue of compact which is dissolved by his not standing to conditions and so the bargaine is unmade the bonds of allegiance are broken asunder The Houses have laboured to cleare themselves from this wicked doctrine by telling us the deposition of the second Edward and Richard was not to be numbered amongst the presidents of Parliament and that no free Parliament ever attempted the like and yet a private man dares publish such manifest Treason I am perswaded that the Author supposing a breach of covenant of His Majesties part and then telling us such a breach dissolves the compact was not fully apprehensive that this pernitious principle unkings his Soveraigne When he sees his treasonable errour he will finde that Logick ill managed is a more dangerous weapon then a sword in the hands of mad men To returne to further proofes of the Kings supremacy Kings supremacy further proved That which makes a State one is the union of supreame power and this according as it is placed in one or more persons gives denomination to the forme so that all those Acts of Parliament which confesse this a Monarchy are so many solid testimonies of the Kings supremacy The Answer is Though this be demonstrably true in an absolute Empire yet it concludes not in a mixt Monarchy I am very confident a mistake of this mixt Monarchy hath engaged many well-meaning men against the King to the overthrow of our Lawes which the simpler part are perswaded they fight for Honestâ voluntate rebelles sunt there are some who contribute their forces to destroy this Kingdome in behalfe of the Common-wealth The true meaning of that which is called a mixt Monarchy and they are so farre deceived as to be made unhappy instruments to advance private interests with publique hearts And therefore it will be necessary to discover their errour by which their unfortunate Country hath suffer'd as much as by the saults of others They have not any shadow of excuse to countenance their Rebellion from this distinction unlesse mixt Monarchy doe signifie either that the people in their diffusive body or by their representatives have a greater or at least an equall power with the King The reason of which is because inferiours by the acknowledgement of all have not any jurisdiction over superiours and equalls though they have not imperium right to governe yet if injur'd and they require satisfaction and upon denyall of it attempt to compasse it by force they are esteemed by the Law of Reason and Nations just enemies whereas Subjects if they make warre upon their Soveraigne though when wronged are worthily accompted Rebels First the diffusive body of the people hath not greater nay not equall power with the King because they have not any legall way of expressing themselves Our Lawes determine it Treason to enter into any association or raise a Warre without the Kings consent and much more against his expresse commands Secondly the representative body hath not greater nor equall power with the King The same argument overthrowes their claime for the people cannot authorize them to doe beyond what themselves were enabled to therefore if actions of this nature were unwarrantable in the diffusive body they are so in the representative Representative Body is not the People to all purposes It may be not unfit to observe that the representative body is the people onely to some ends and purposes whereto they were intrusted by them according to Law and therefore no illegall ordinances such as all those are which the King denyes to ratifie ought to be called the Acts of the people They are no more concerned in it then if they should take upon them contrary to Law to stampe and coyne money with the inscription of Senatis populúsque Anglicanus or to send Ambassadors or denounce warre against or enter into a League of friendship with forreigne Princes or bestow the great offices of State or dispose of Wardships or take to themselves a power to raise Armes without His Majesties consent Againe because they represent the people but to some purposes onely though their principles were firme as they are extreamely weake that the King is lesse then His Subjects conjunctim and that they collectively are more honourable then He c. yet they bring not the conclusion home to the two Houses Because it doth not appeare and they had no reason to take it for granted that the two Houses which they call the Parliament are the people in this consideration A Jury is the representative people as experience teaches and we may finde it in Sir Thomas Smith l. 2. c. 26. The legall answer to that interrogatory How will you be tryed is Dei populique judicio by God and my Country and the Clerke of the Sizes replyes Ecce tibi hi probi viri populum repraesentant and the Sophistry would be easily discovered if we should argue they are therefore more honourable then the King We may take notice also that their arguments are onely capable of concluding for the House of Commons and if they follow the necessary consequences of them they must maintaine the Lower is above the Upper House for the Lords sit onely in personall capacities being inabled thereto by the prudence of our Lawes which thought it reasonable they should have as great a share in the government as a negative voyce came to because they injoyed such ample revenues that they were likely not to agree to any thing prejudiciall to the present setled State I shall prove more fully in the next Section that those who represent Subjects and that but to some purposes and not the King to any for this would overthrow that fundamentall constitution of three distinct Estates cannot be equall to much lesse above their Soveraigne And that groundlesse invention which denyes subordination and introduces
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
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
miserable a warre upon him All understanding and dis-interessed persons must clearely discerne it is the same injustice not to consent the people should be happy and to keep up these publique calamities ununtill they shall be satisfied in their illegall unreasonable proposalls Though it be a more politique way duris conditionibus pacem pati velle to expresse a desire of peace but not to admit it but upon unequitable and unjust conditions yet it is equally dishonest as to deny it downeright They are altogether inexcusable unlesse they will make such proposals whereby it may appeare they covet not anothers but only to preserve their owne rights Which the King freely offers to them without diminution of the least title and with unpresidented enlargements by many additionall favours in this present Parliament He is desired to make the Houses sharers with him in ordering the Militia and to grant them a right to suppresse all forces but such as shall be raised by their consent This request is evidently destructive of that fundamentall Law which intrusts this power in the Crowne alone to enable the King to protect His Subjects and the Lawes The benefits of which constitution our happy Ancestors enjoyed and the greatest pressures the English nation at any time suffered under did spring from this fountaine when Subjects undertooke the managery of this regall right Because their desire is discountenanced by Law and being so though it were as really beneficiall as it is truely pernicious to the peace and quiet of a State opening a gap to civill dissentions necessarily arising from the opposite interests of consorts in power though it might be reasonably wished yet it cannot be innocently fought for They endeavour to justifie it by reason of State and plead the necessity of it as being the onely cure of feares and jealousies The recovery of this Kingdome were certainely desperate if His Majesty too should grow fearefull and jealous who hath beene more unanswerably tempted to give admitance to these unhappy passions For if they might seize on his power by the Law of feares if that it is taken from him becomes a motive to perswade him to give them right to keepe it might not he with greater shew of reason require an inlargement of his former power because it is manifest though they pretended to be afraid of it it was not able to secure him from their violence Much more might be pleaded why he should be enabled to keepe what the Law gives him then they not to restore what they have illegally taken from him But he contents himselfe with the ordinary meanes of safety appointed by Law and will not make himselfe justly formidable by giving entertainement to unjust feares and challenging a priviledge to doe injuries because it is not impossible he may suffer them and may loose his owne rights except he disable others by invading theirs If this principle should once prevaile peace and justice were lost to mankinde for it would still be some-bodies turne to be afraid and that would give them a right to greater power which right would cease as soone as they were possest of it and the true title to power would alwaies be in those who wanted it There is no other way to get out of this maze and confusion to which their wild feares inavoydably betray a State but by prevailing with our reason not to suspect those whom the Lawes have not suspected For as jealousies against Law are causelesse so they are altogether remedilesse The fuller answer to Doctor Ferne endeavours to excuse them by vertue of a commission from this principle abundans cautela non nocet but wofull experience hath evidenced the contrary he tells us further State jealousie hath no right hand error none on the excesse side the more the better pag. 27. It is much worse then private jealousie because this is but the misery of a family that the unhappinesse of a Kingdom To summe up all though some have gone so farre to indulge to Subjects a liberty to take up armes in maintenance of old laws yet no sober author can be produced who makes it lawfull to fight against their Soveraigne for the establishment of new laws It is not possible a strong desire of innovation should take off the guilt of so unnaturall a warre The King requires nothing but what the Subject cannot deny without injustice without perjury and consequently the guilt of all that bloud which is or shall or might be spilt his knowne legall rights and he denies nothing which the Subject can by Law challenge and hath indulged so much of grace as all ages cannot paralell and yet is still ready to consent farther if any reasons shall be produced to invite greater favours How will posterity hate this example and blush at the unworthy story of our proceedings who have discouraged good Kings by these ungratefull requitalls of such eminent deservings towards his people If we had not with our peace and plenty and innocence lost our reason too we should quickely be perswaded to accept of so great happinesse and not perversely hazard an ignominious death onely to make our lives miserable How are we become beasts in our understanding as if onely capable to suffer without any apprehension of the causes or remedies The result of all is life and death are set before the people it is in their election to be againe happy but they chose these miserable things and are active in their owne ruine For it will come to that if they stop not in their wild progresse The husbandmans store being consumed the pastures unstocked though wee escape the sword or bullet wee shall be devoured by famine or else perish by plagues or fluxes the fatall productions of unholsome dyet It concernes us to pray unto Almighty God that he would be pleased to restore us to our wits for if he would make us wise wee should soone make our selves happy by bringing the pernicious authors of these our miseries to a legall tryall wee should then clearely see that the preferment of a few men ought not so to sway with us that wee should sacrifice our Liberty and Property and suffer the Lawes to be violated the Protestant Religion to be dishonoured only in order to satisfie some particular mens ambition That indignation of the people in Virgil ingaged in a miserable warre to gaine that with bloud and ruine the want whereof was no diminution to their happinesse would too well fit the English nation Scilicet ut Turno contingat Regia conjux Nos animae viles inhumata infletáque turba Sternamur campis Must wee dye like dogs that they may live like princes How are the oppressed commons concerned in those mens illegall gainings that they should be contented to loose their estates and lives and soules in prosecution of none of their owne interests They fall unlamented unregarded while the contrivers of these mischiefes sit safe exposing others to the dangers grow rich while the impoverished Kingdome is reâ—dy to sinke under the burthen of its debts and are even wanton in our oppressions Since therefore the onely ground of this unnaturall warre is that His Majesty will not permit us to be lesse happy then our Ancestors choosing rather to suffer so many injuries and to expose His Royall Person to the dangers of open hostility then to wrong His Subjects and purchase safety or plenty by making such Lawes as private interests would force upon Him and the Kingdome Since He denyes nothing but the abolition of our good old customes which long experience hath confirmed to be extreamly beneficiall to this Nation Since they reject peace upon pretext it comes not accompanied with truth and meane by truth not the Protestant Religion as it is setled in this Kingdome and established by Act of Parliament but some moveable Creed the Articles whereof it shall be their priviledge to abrogate and to make it speake new doctrines according as they will suit best with their civill interests Since they fight not for certaine and knowne Lawes not for a certaine and knowne Religion that is not to restore but to take away and which is more intollerable that they may adde as yet they know not what It is evident the resistance now made is most offensive of the Subjects part and doth unavoidable incurre the Apostles sentence damnation FINIS ERRATA PAg. 2. lin 16. del p. 5 l. 12 read life p. 15 l. 26. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 17. l. 36. dele it p. 36. l. 20. for his r. your p. 42. l. 28. for not r. no. p. 77. l. 22. r. quod p. 86. l. 2. for the r. our p. 95. l. 2. r. whom p. 98. l. 11. for against which r. against which p. 123. l. 34. for eo r. to p. 134. l. 6. r. Grecian p. 135. l. 21. for not altogether r not altogether consonantly to p. 139. l. 15. for that r. the. ib. l. 34 for not be r. not to be p 158. l 17. inquiry
an unheard of co-ordination such as creates Regnum in Regno and rents this Country into distinct Kingdomes shall be refuted Since what is called mixt Monarchy cannot give such a right as is pleaded for that Subjects should be free to wage warre against their Prince because this liberty makes two independent States which are not compatible in one body but would be as really distinct Kingdomes in England as Spaine and France are I will endeavour to declare the true meaning thereof If we speake properly there cannot be such a thing as mixtum Imperium a mixt Monarchy or mixt Aristocracy or mixt Democracy Because if there are divers supreame powers it is no longer one State If the supreame power be but one that is that authority unto which Le dernier ressort de la justice the last appeale must be made and against whose sentence though unjust we have not any legall remedy this must be placed either in one man who is the fountaine of all jurisdiction and then it is a Monarchicall government or in some Nobles and then the Regiment is Aristocraticall and the sentence of the major part of them becomes Law to all effects whether concerning our goods or lives or if the civill constitutions of a State direct us to appeale to the people this is an absolute and true Democracy By a mixt Monarchy therefore not to quarrell about words nothing but this can reasonably be understood that it is not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wherein the will of the Prince publiquely made knowne gives the Law Quodcunque Principi placet legis habet vigorem but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a government not arbitrary but restrained by positive constitutions wherein a Prince hath limited himselfe by promise or oath not to exercise full power This grant is of force because any man may either totally resigne or diminish his rights by Covenant Hence it is that in Monarchies all Kings have supreame power though they have not all the same jura Regalia their prerogatives are larger or narrower according to their particular grants For example our Kings have retained to themselves the rights of coyning money making great officers bestowing honours as Dukedomes Baronies Knighthoods c. pardoning all offences against the Crowne making warre and peace sending Ambassadors to negotiate with forraigne States c. and they have restrained themselves from the use of that power which makes new Lawes and repeales old without the consent of the Lords and Commons in Parliament as likewise from raising money upon the Subject without their consent Some doe aske How are we the better if we must suffer him to breake this Covenant as oft as he pleases it is the same thing not to have any Lawes and not to have provision for the observance of them First Difference betweene arbitrary rule and government restrained by Law notwithstanding hostile resistance unlawfull though in case of violation I must tell you this objection is answered by shewing there is a necessity that some body must be trusted It is no discretion to prevent a possible mischiefe by probable inconveniences if you will not trust one you must trust more that is if you are weary of Monarchy under which your fore-fathers enjoyed happy times and experience cannot cozen you though arguments may you know the way to cast it off by placing so many guardians over your Prince but have you any greater assurance then before Quis custodiet ipsos custodes They have as great temptations to faile their trust as he had and it is likely being warned by such a president of deserting your naturall Prince they may feare your inconstancy and upon pretence that you are subject to mistake and because they suspect you may be willing they will take such order you shall not be able to call them to an accompt But suppose this may not be and that those who suppresse Tyrants or perhaps excellent Kings under that name may not be frighted with their owne example to make use of their present power to exercise a greater tyranny for it is not impossible they should grow jealous too and tell you plainly they have no reason to trust you If you deny them money here is ground of diffidence your designe is to expose them to poverty so to contempt so to ruine But suppose I say nothing of this but that they will be secure amidst your jealousies which manifestly endanger their safety yet you will be forced at last to trust the giddy multitude who are alwayes weary of the present government because there are still some unavoidable defects and these are discerned by sense and they have not such depth of understanding as to foresee greater mischiefes which can onely be judged of by reason and therefore are easily perswaded to attempt a change so that your peace is built upon a very weake foundation you have no better security against a civill warre then that the greater part of the people will be discreet If things prosper not according to their wishes crafty men perswade them the fault lyes in those who have the managery of the publique and if these be not removed and honest and wise men meaning themselves put in their places their miseries will daily grow upon them A generall accusation of ill affected malignant persons wicked Counsellors is cause sufficient to out their supposed enemies of all preferments and put their pretended friends in their roomes This opens a gap to all confusion civill warre and most unnaturall distractions are the certaine issue of it Our owne lamentable experience confirmes this sad truth After you had obtained a perfect confirmation of all your ancient rights and liberties with a gracious enlargement of them by new grants and with such security as your fore-fathers were not acquainted with you are frighted with the possibility of a relapse To prevent which it was thought fit to take away the Kings power with which our Lawes had invested him as the necessary meanes for our protection because it was not impossible he might use it for our oppression Accordingly the Kings Navy His Forts Magazines and the Armes of the Kingdome are put into such as you would call safe hands I doe not aske with what conscience but with what judgement you did this The want of prudence was as great as that of honesty what hath beene the successe of confiding in those whom the Lawes had not intrusted are not your sufferings infinitely multiplyed are you not extreamely sicke of your remedy The tables are quite turned and your friends have undertaken the same bad game and play it much worse you onely make the stakes and are in a probable way to loose all that you have What one thing did you complaine of which is not exceeded by them your grievances are highly improved Magna Charta and the Petition of Right are now malignant they speake not the sense of the House but take part with the King To quote our
good and ancient Lawes is interpreted a breach of Priviledges of Parliament appeales are made to the people the ready way to a universall confusion And they according to private information and mis-guided affections did once passe this sentence that to imprison without cause alleadged and to deny Habeas corpus's is no intrenchment upon the liberty of the Subject to bestow mens estates by whole sale and take away their Money Plate or Goods doth not destroy the property of the Subject To scorne and revile the Booke of Common Prayer against an Act of Parliament which severely punishes such contempt and to supplant our established doctrine and discipline by countenancing Anabaptisme and Brownisme conduces to the holy Reformation and will in time effect that great worke and settle true Religion Thus much by the way to shew that we cannot have any absolute security in all governments it is necessary to trust some body For if we should retaine a liberty to right our selves not to mention the fatall mischiefes of Anarchy and that it is probable this freedome would be frequently abused to our wrong selfe-love making men partiall in their owne causes the decision of controversies would be writ in bloud and we should lay a fruitfull seed-plot of civill warres contrary to the end of society which is to preserve publique peace though sometimes with private losse because though we suffer some things by injustice yet we enjoy great benefits by common tranquillity but in the ruine of the whole the rights of single persons must be destroyed The hazard likewise appeares much greater by inabling those to injure us whom the Law hath not intrusted with our protection To answer their objection fully who would perswade the people there is not any differnce betweene arbitrary government and government restrained by lawes if Subjects may not compell their soveraigne to the observation of them Greater security would undoe us For though wee suffer sometimes under reall greivances yet pretended breaches of our rights which can never be wanting as long as ambitious persons are discontented would have the same influence to stirre up civill dissentions and it is a more prudent course to oblige some to sit downe though wronged then to open a certaine way for Schisme in the body by indulging a most pernicious freedome of righting themselves It was wisely said by Seneca satius est a paucis etiam justam excusationem non accipi quà m ab omnibus aliquam tentari For Kingdomes are many times disturbed upon meere pretences There are such who will set their country on fire only to warme their owne hands by it and trouble the waters that they may the better catch fish that is who will pursue private interests with hazard of publicke destruction He that doubts this let him consult histories and he shall find it hath beene fatall to the best Princes to have the worst Subjects I appeale to mens consciences whether they have not read and perhaps scene the reigne of a most gracious Prince a Prince eminently mercifull and just branded with the odious name of Tyranny And when malice it selfe cannot blemish his actions when he is not so bad as they could pray for for they would have made great advantages if they could charge him with personall vices as unchast intemperate or negligent in performance of religious duties yet craft hath done their businesse and abused the peoples weaknesse so farr as to make them active in their owne ruine by that wicked Art of declaming against evill counsellours Of such dangerous consequence is it to open a way to civill warre upon pretended miscarriages in government But grant not fancyed but reall injuries Yet non tanti est civilia bella moveri It is true the people are then not so happy as they might be but to make use of force as a remedy will encrease their miseries It is certaine this Kingdome never suffered so highly under the greatest tyrant as it hath already by this unnaturall warre and who can tell whither it may not end in a universall destruction If a King be forced to conquer against his will who knows how farre he may be tempted beyond his naturall disposition It is a melancholly consideration that a peoples perversenesse may change a gentle Scepter into a rod of iron But if Subjects prevaile we can see no end of the warre Forraigne nations will be powred upon this unhappy land there will never be wanting at home a considerable party as long as there are either honest or discontented men to fight for the regaining his haereditary rights to keepe whom in awe our fellow Subjects will plead a necessity of being tyrants I could wish it were not already acted upon us first their will made necessity and then necessity makes their will the measure of right and wrong and destroyes all law their wants will give law to us and imprison us upon bare suspicion of Loyalty and seize on our estates for feare they may be honestly imployed Thus we see a necessity of trust and that we are bound not only in conscience but in prudence also not to revenge the not performance of it I can further make it appeare we have very good security as strong as humane wisedome ever invented that we shall live happily and therefore we have no reason to robbe our selves of those great blessings which we lately injoyed peace and plenty upon vaine feares and groundlesse jealousies of imaginary miseries Our forefathers did not distrust the sound temper of this policy and they injoyed the benefits of it in a high degree First the King hath sworne to preserve our Lawes our Liberties our Propriety and our Religion and he desires God so to prosper him and his as he performes this Oath unto the Lord who will require a severe accompt Wee may make a highly probable conjecture of the sincerity of his royall heart and the unfeignednesse of his many sacred Protestations from his miraculous successe If God had not fought on his side if the immediate hand of providence had not supported him in mans judgment he had beene swallowed up Secondly if he should command any illegall things the executioners of them are responsable and must make satisfaction to the injur'd parties And they cannot flatter themselves with hopes of impunitie for once in three yeares a Parliament will call them to accompt and they have a great Democraticall advantage for the obtaining justice Because the Kings wants cannot be supplyed without their consent and it is very unlikely he will deny any reasonable petitions or reject any desires but such as robbe him of his honour which is infinitely deare to him above plenty except they endeavour to make him worse then poore which cannot be by demanding justice it is most probable he will readily assent Thirdly His interests are the same with the Subjects They are not like two buckets when one is lowest the other is highest but they resemble the Head and rest of the