the observations pag. 17. and again pag. 18. in answer to the 24. Hen. 8. cap. 12. The King is supreme head unto whom a body politique compact of all sorts and degrees of people are bounden and owe next to God a naturall humble obedience wee must not understand this that the body politique doth owe obedience but that the severall sorts and degrees of people of which this body is compacted and made that they doe owe obedience for to take it otherwise were to make an absurd and impossible construction c. If every particular man performe his duty of alleagiance as he stands obliged by oath let him oppose his met a phisicall body to the King even as he pleases If the body politique have not sworne allegiance or supremacy because it is a body only in consideration of law that hath neither life or motion like other invidualls p. 17. and for the same reason doth not owe homage and obedience p. 18. How is it capable of rebelling against the Head for it cannot fight but by the hands of particular men and all these are tyed up by divine law and their owne oathes 3. They acknowledge themselves his subjects as united in Parliament and if they should deny it they could not challenge any benefit from his royall protection 4. The lawes intrust him not the Houses to protect us 5. The Houses represent only subjects opposed to the King who is their superiour by humane and consequently divine law both as their naturall King and as Gods anoynted his representative 6. There is a great difference between the reall and representative all for though it were true as it is not that he were lesse then the whole people yet this would not bring the conclusion home to the Houses Who are the people only to such purposes as the law nominates viz. for consenting to Lawes or Taxes upon the Subject To all other purposes wherein Regall power is not expresly limited the King is the whole people and what he doth is legally their Act. Aristotle tells us of some Kings that had as full right over their whole realme as a popular state can have over it selfe and all things belonging thereto 3. pol. 14. To such an one that of the Tragaedian is truely and properly applyed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 You are the whole City the whole Common-wealth and therefore not responsable for any actions This shewes the falsehood of their principles Quicquid efficit tale est magis tale and constituens est major constituto c. for though they meane to make advantage of them only in this Kingdome yet they conclude against the possibility of making any King absolute which reason and experience have clearely confused For a people if conquered their lives and all they have being then in the hand of the victor or if in feare to be swallowed up by a more potent enemy they may and often have very prudently consented to place all the legall power of the Kingdome in one man that he may thereby be enabled to protect them and where the legislative power is unrestrained there the rule is absolute To apply this doctrine In those things wherein the King of England is not absolute as in the exercise of his legislative power and raising money without consent The Houses together with him represent the people but in such matters wherein he is absolute that is wherein he is not restrained by lawes which are but limitations of Regall power there he is Populus Anglicanus legally the English Nation For example sake I will instance in the power of making Warre and Peace if any take up Armes by vertue of any other then his Commission they oppose not the King alone but the King and People as People is to be understood in law for their hands are tyed up and all their legall strength is in the Kings disposall Let us examine their Argument The whole people are above their King therefore the Houses because they represent them The Antecedent I have shewed false because the whole people are but such a number of Subjects who can have no colour of pretence to be above him whom God and the law hath placed over them The consequence is as infirme and the reason of it fallacious for if representatives might challenge all rights appertaining to the persons by them represented then a Jury shall be concluded as honourable as the House of Commons and then too because the Emperour of Germany may challenge of the King of France or England not superiority for they are as supreame and independent Princes as he is but praecedence an honour due to the antiquity of the Empire for nations as well as persons injoy the benefit of primo geniture his ambassadours also might sit above those Kings which the Court of honour guided by the law of nations and reason would pronounce very absurd Againe they represent the people only to some purposes to make warre is none of them The King alone can declare the peoples mind in this case they have no legall way of expressing themselves but in his Commissions and therefore the warre is not betweene King and People but so many particular persons exceeding the trust committed to them against the duty of allegiance oppose both King and People It is very remarkeable that in the begining of these unhappy contrivances some multitudes appearing in tumultuous wayes what ever they desired or did was called the Act of the People providing for their own safety But after the sense of miseries had bettered their understandings to make them discerne this unnaturall warre was not like to improve the meanes of preservation many of them make a Covenant to live peaceably and honestly amongst themselves so in Yorkeshire long since and lately between Cornwall and Devonshire and now the Houses interpose and will not permit the people who were stirred up and encouraged to raise a warre against law to make a peace according to law let them trouble the waters as much as they please they shall be borne out in it but they must not thinke of setling them till they have done fishing This would be a breach of Priviledge The People are now forced to defend themselves and their goods violently taken from them for their security who might soone be happy againe if their friends would be lesse carefull of their safety It is well knowne who began to appeale to the People withall my heart if law must be suspended let them arbitrate the differences The certaine way to know their judgement and whom they apprehend to be a reall defender of what both pretend our lawes and propertie and liberty and the established religion is to cease plundering of both sides and leave them to their naturall inclination That side which confesses it cannot subsist without using violence and oppression and forcing their estates from them acknowledges that the people whom they pretend to fight for is clearly against them and they
oathes Is it possible you can innocently destroy your Soveraigne whose life you have sworne to defend with your utmost power Be not abused by that miserable fallacy drawne from the nature of a Covenant The mistake lies here that law hath provided to bring Subjects offending to a tryall but hath not could not question the King and compell him to be responsable for want of a superiour jurisdiction All just proceedings must be per legale judicium parium legem terrae by triall of Peeres and the law of the land But the King hath no Peere and lex terrae doth not in any case disarme the King of the sword of Justice it is not separable from his Crowne Therefore he is exempt from tryall and it cannot be just to punish him unheard uncondemned The conditions of Kings were very miserable if he who sweares to governe the people according to the knowne lawes so that they see what to trust to should himselfe be liable to their arbitrary Justice The Premises are firme for the Major is part of magna charta and the Minor is as evident as that his Subjects are not greater then he which signifies only that those which are under him are not his superiours Bracton you may remember is frequent in the expression Rex non habet parem in regno and he is tantùm sub Deo c. There is besides an antient monument which shewes the manner of holding a Parliament before the Conquest which will afford us no small light in this poynt It is sayed to be delivered to William the Conquerour by discreet men at his command and to have beene approved by him it runs thus Rex est caput principium finis Parliamenti ita non habet parem in suo gradu c. The King is the head the begining and the end of the Parliament and so he hath not any Peere or equall but is himselfe the first degree The 2d is of Archbishops Bishops Abbots and Priors holding by Baroney The 3d is of Proctors of the Clergy The fourth is of Earles Barons and other noble personages The fifth is of Knights of the Shire The sixt degree is of Citizens and Burgesses and so the whole Parliament is compleated by six degrees But we must know that though any of the five degrees besides the King shall be absent if they were duely summoned Parliamentum nihilominus censetur esse plenum the Parliament is full in law The latter part is as manifestly true that Lex terrae doth not in any case disarme the King of the sword of Justice By our constitutions Regia majestas est armis decorata and legibus armata the directive part of Law concernes the King the penall doth not Hee ought to square his actions according to this rule but if they should swerve from it they cannot fall within the cognizance of his Subjects All offences are punishable as committed against Him His Crowne and Dignity and though the Law hath condemned them they are pardonable by His Grace which clearely demonstrates He is above penall Lawes and it is indeed an inseparable priviledge of supreame jurisdictiction let it be placed where it will in one or more persons Naturally supposing men by distance absolved from paternall dominion that is before a positive constitution of Empire when men were equally free it was not unlawfull to require by strong hand satisfaction for wrong but after an established government this liberty was civilly restrained and it is not in our power to right our selves but in a legall way which is by Magistrates and the last appeale lyes to the highest Governour that the processe may not be infinite but we may have some certaine and peaceable decision of all differences To conclude this Section for I shall have occasion to inlarge my proofes in the next in answer to their exceptions we have sworne to beare true allegiance to the King such as have not are neverthelesse strongly obliged by divine Law and this duty doth naturally flow from the right to governe I request all men to examine their consciences how they can excuse themselves from fâ—â—t perjury if they indanger his life and endeavour to destroy him It is expressely high Treason to compasse his death 25. Edw. 3. Though God in his great goodnesse hath restrained their malice from effecting it yet by shooting at him by attempting to kill him they are lost temporally their goods and chattels lands and tenements and lives are forfeited in Law and what is most lamentable their soules are eternally ruined Disloyalty to their King is disobedience to God I need not aggravate the sinne the Apostles eloquence is most powerfull They that resist shall receive to themselves damnation The case is so extreamely plaine I am amazed that the people should be so bewitched into Rebellion contrary to Oaths and solemne Protestations and repugnant to Christianity For they are condemned out of their owne mouthes unlesse that grosse non-sense be true that they shot at him as at Edge-hill for His preservation and endeavoured to kill him in his owne defence It is miserable comfort which the doubtfull signification of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 can afford but sinking men catch hold of every reed The word in the Greek is rather to be translated judgement and punishment the words following are peremptory and as Piscator observes thereby is not meant eternall damnation but the punishment of the Magistrate in this life Master Bridge his Answer to Doctor Ferne. p. 4. This calls to minde those men of whom Minutius Felix saith they did optare potiùs quà m credere rather wish then beleeve that no such thing as eternall damnation was intended The Analogy of the place will evince that this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is like a sword with two edges fitted not onely to kill the body but to destroy the soule also That it threatens punishment from the Magistrate is very true but not all you must needs be subject not onely for wrath but likewise for conscience sake v. 5. 13. c. to the Romans You are exhorted not to rebell because you may be hang'd but lest confidence in numbers should answer this objection a stronger motive is used you shall certainly be damn'd It is probable you may take the Gallowes in the way but however Hell will be the end Though you escape a shamefull death yet you have forfeited eternall life §. 4. I Will begin with a most remarkable passage in Calvins Institutions wherein are many things worth our observation and which will conduce much to the decision of the present dispute Neque enim si ultio domini est effraenata dominationis correctio ideo protinus demandatam nobis arbitremur Quibus nullum aliud quà m parendi patiendi datum est mandatum De privatis hominibus semper loquor l. 4. c. 20. § 31. If correcting unbridled governments be his worke who said vengeance is mine we must not therefore take Gods office into
to prevaile with them to neglect plaine duties of subjection and obedience upon the strength of obscure prophecyes whereas they ought to live according to precept not predictions many of which shall not be fulfilled but by the sinnes of wicked men Blesse me O Lord from being an instrument to bring such thy workes to passe It is our onely safe way not to doe evill that good may come of it The Apostle forbids it and the reason may be this God hath no need of the sinfull man Why shouldst thou cease to be good for feare God else would not be true Babylon will certainly fall though wee walke uprightly to feare God and honour the King are no stops to the destruction of that man of sin After such fiery spirits have engaged the Kingdome into probable wayes of utter ruine and desolation after your hands have beene imbrued in the bloud of the ancient Nobility and you have miserably torne in pieces the brave and honest Gentry and exposed the seduced Commons to those fatall mischiefs which accompany the Sword Pestilence and Famine and the bleeding State shall at length grow wise and unite againe for the preservation if it be possible of the ruinous remainder rather out of a wearinesse of the insupportable calamityes of Warre then out of a Christian love which would have continued unto us the blessings of peace All the satisfaction which these false Prophets can give for the unspeakable mischiefes which they have pull'd upon their unhappy Countrey will be onely this We were mistaken in those places of Daniel and the Revelation The time it seemes is not yet come The Saints must still expect and Gods holy ones must waite and pray for a more happy opportunity to perfect the great worke by Rebellion Exc. There is a mutuall contract betweene King and Subjects and if He breake the Covenant He forfeites the benefits of this agreement and He not performing the duty of a King they are released from the duty of Subjects Answ The Jewes could have made this plea grounded in the nature of a Covenant the breach of which though instituted by God betweene King and People Deut. 17. was no dispensation for them to Rebell as was evidenced formerly The Kings of Persia though confessedly Supreme and not responsable to their subjects yet tooke an oath at their inauguration as Zenophon and Diodorus Siculus informe us and it was not lawfull for them to alter certaine lawes as appeares in Daniell neverthelesse their miscarriages in government did not dispence with their Subjects loyalty If a Father promise any thing to his children they have a full right to his performance but in case he prove dishonest he doth not thereby loose his right to governe them nor are they excused from their duty of honour and obedience So there is a contract betweene Husband and Wife the violation of which on the mans part doth not bereave him of his dominion over the woman I confesse a great obligation lyes upon Kings not only from their Oathes and promises and agreements but expressely from Gods law also to governe the people committed to their charge with justice and equity And if they abuse their power Gods punishment will be as high as their ingratitude The greatest temporall favour which God bestowes upon any single man is to make him his Vicegerent his immediate Deputy Christum suum his anoynted and the greatest blessing he hath given to mankind is government by which he hath provided for the common good of all Now if he turne this blessing into a curse if he who is set over a people to punish evill doers persecute those who doe well he must expect a fearefull judgment from the Almighty it is pathetically exprest in Wisdom 6. Heare therefore O yee Kings and understand learne yee that be Judges of the ends of the earth Give eare you that rule the people and glory in the multitude of nations For power is given you of the Lord and soveraignty from the highest who shall try your works and search out your counsels Because being ministers of his kingdomes you have not judged aright nor kept the law nor walked after the counsell of God Horribly and speedily shall be come upon you for a sharpe judgment shall be to them that are in high places For mercy will soone pardon the meanest but mighty men shall be mightily tormented For he which is Lord over all shall feare no mans person neither shall be stand in awe of any mans greatnesse for he hath made the small and the great and careth for all alike but a sore triall shall come upon the mighty Thus much is granted but to conclude from this obligation that a not performance induces a forfeiture of his crowne and that we may make hostile resitance against unjust commands is a very weake way of reasoning For consider with your selves is there not a mutuall duty betweene husband and wife parents and children Fathers must not provoke their children to wrath but bring them up in the nurture and admonition of the Lord Eph. 6. 4. Husbands should give honour to their wives a unto the weaker vessells 1 Pet 3. 7. Suppose some fathers prove froward some husbands unkind yet cannot their faults dispense with the duty of children and wives The King Vrbi pater est urbique maritus is both husband and father not to single persons but to the Commonwealth There are many resemblances in matrimony which will afford great light to the better understanding the duty of Subjects The consent of the woman makes such a man her husband so the consent of the people is now necessary to the making Kings for conquest is but a kind of ravishing which many times prepares the way to a wedding as the Sabine women chose rather to be wives then concubines and most people preferre the condition of Subjects though under hard lawes to that of slaves If we apply their arguments their Sophistry will clearely appeare For Quicquid efficâ—t tale est magis tale and constituens est major constituto bestowes upon women the breeches as well as the Crowne upon the people and unumquodque eadem potestate dissolvitur quâ constituitur gives the same licence to a woman to cast of the bonds of wedlock as to subjects those of subjection As in marriage so in monarchy there are two parties in the contract though without a mutuall agreement there could be no covenant yet after it is once made the dissent of the inferiour party let it be not upon fancyed but reall discontents cannot dissolve the compact Consent therefore joynd man and wife King and people but divine ordinance continues this union marriages and governments both are ratified in heaven Quae Deus conjunxit homo ne separet whom God hath joyned let not man put asunder They must take their King for better for worse It is very observable though it was permitted to the man in some cases to give a bill of divorce yet
and gaine time and if that would not doe he would dismisse the assembly and command another meeting Then would he appeare first upon the place in mourning apparell and with afflicted lookes and humble countenance sadly requesting the people to take compassion on him who suffered such miserable things and feared worse only for doing them service and desiring them to reward his faithfull endeavour by loving his poore Wife and little Children for he gave himselfe for a lost man since he had reason to feare yet the cause in which he should fall was an unspeakable comfort that the enemies of the Common-wealth and such as maligned their happinesse would come upon him in the night and force his house and murther him These well dissembled griefes so wrought their passions that the abused Citizens set up Tents about his house at their owne charges and maintained a constant Guard for his protection When such men shall make a State miserable under pretence of improving its happinesse and challenge to themselves a right to breake all setled constitutions under colour of forcing upon the Kingdome new Lawes which will be more beneficiall when they shall imprison us at pleasure that wee may injoy our liberties and take away our goods to secure our property and punish the most orthodox conscientious and painfull Preachers and impose upon Congregations factious Lecturers to settle true Religion and when they have acted such high mischiefs shall tell us the Nobility and Gentry of the Kingdome are Malignants and delight in and contribute their aides to advance an illegall government who are certaine to suffer most in it it is then time to cry out Quis tulerit Gracchos de seditione querentes I have beene tempted to a large digression because the same Artes which made Rome miserable are visible in our calamities I will now proceed with Calvin after he hath very conscientiously instructed us in our christian duty by saying all resistance is unlawfull unlesse undertaken by the authority of Magistrates whom the Law enables to be the peoples protectors and gives them the highest power which can only be in an Aristocracy or popular State he hath afforded too great an occasion for mistake by an ungrounded conjecture Et quâ etiam fortè potestate ut nunc res habent funguntur in singulis regnis tres ordines quum primarios conventus peragunt And the same power which the Tribunes of Rome c. had as things now stand peradventure belong to the three Estates when they hold their principall assemblies I could wish I were able to excuse him from temporizing yet he layes it down extream cunningly perhaps peradventure if this chance to be otherwise you have nothing to say for your selves you are condemned out of his mouth and in a poynt of such higly concerning consequences you have no reason to change his adverbe of doubting into an assertive I shall oppose to his perhaps it is certainely not so in England because our Lawes make this a Monarchicall government and so different from that of Rome or Athens or Sparta and therefore conscience hath no warrant for resistance against him in whom the supreme power is placed The worke of the second section was to prove it unlawfull for Subjects to resist him or them in whom the supreame authority that is all the legall power of the Kingdome in order to raise armes is placed I shall now shew the invalidity of their exceptions against it by manifesting that no dispensation grounded upon what causes soever as indeavours to make them slaves or beggars or to introduce another and a false religion and what else may be comprehended under the extreame abuse of this power to their oppression or upon any persons as inferiour magistrates or any colour of preserving the authority of the man by fighting and as much as in them lies destroying the man in authority or of making the power well used for the good of the people and not the person abusing that power to be the minister of God c. can excuse such resistance from the sin of rebellion and from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a fighting against God in despising his ordinance Tyrannicall abuse of power doth not make taking up armes against the supreame governour lawfull This truth is confest in words even by their cheife writers Tyranny doth not dispense with the Subjects duty of alleageance though in the meane while they make use of such arguments to prevaile on the peoples affections and exhort them against the King in the feare of God as clearly overthrow this acknowledgment The fuller answere to Doctor Ferne saith thus there are two kinds of tyranny regiminis and usurpationis that of government though never so heavy yet must be indured not only to the good sayes the Apostle 1. Pet. 2. 18. but the froward too and therefore I know no man that defends the ten tribes revolt from Rehoboam p. 22. when they complained of some greivances under which they had groaned in his fathers reigne he was as indiscreete as unjust and told them he would oppresse them more and yet because he had jus regiminis it is ingenuously granted it was unlawfull for them to Rebell The breife answere to Doctor Ferne thus we professe against resisting power authority though abused He doth not hide himselfe as ordinarily by dividing the power from the person who is invested therewith but concludes against resisting the men also If those who have power to make lawes shall make sinfull lawes that is prove tyrants and so give authority to force obedience we say here there must be either flying or passive obedience p. 113. By the same reason if he that hath the only power by lawes already made to traine array and mustar and to dispose of the Militia with which he is intrusted for his Subjects protection and his owne safety should put them into hands which they cannot confide in yet there must be no warre waged to prevent a supposed danger there must be either flying or passive obedience But if one that is in authority command out of his owne will and not by law I resist no power no authority at all if I neither actively nor passively obey no I do not resist so much as abused authority If you meane by not passively obey take up armes ◠against which you must if you speake pertinently and would make an application of this answer to the justification of hostile resistance in Subjects you do resist power and authority in this case For though you are no obliged to yeild obedience either contrary to divine praecept or the knowne lawes of the realme yet by making use of armes you transgresse that law which disables Subjects to make warre without the Princes authority much more against his expresse command to the manifest indangering of his royall Person He answers this had beene but accidentall p. 121. and so we are told by others he might have stayed away Those damn'd assassins and
this licence was never allowed to women so fathers might abdicate their children not they their fathers women cannot unmarry nor the people unsubject themselves If any shall mistake with the disciples if the case be so it is good not to marry it is good to live without a King they ought to consider that God is wiser then they and best knowes how to order things for the good of mankind That I may if it be possible undeceave the misled multitude I shall grant if a people choose one man and bestow the name of King upon him yet if they retaine the supreame power in themselves and expresse it by making a law that in case he shall do such and such things he shall forfeit his right to governe then it is very lawfull to depose him upon breach of such conditions For then this state is a Democracy and the legall power is in the people Such a case is very possible for if the royall line in any Kingdome should faile there want one descended from his loynes to sit upon the throan then as a woman after the death of her husband is free to marry to whom she will in the Lord so the people may make what government they please they may call one King and place their Ephori or Demarchi and tribunes over him It is not materiall that this is not so wise a government for it is not prudence but such a consent not the understanding but the will of the people that constitutes the forme In such a state hostile resistance against him though called King may be a just warre because the law enables them to fight and the Prince may be a rebell and Traytour Let them prove that England is no monarchy that they are not bound to beare true alleagiance by a necessary obligation flowing from the civill constitutions of this realme that they may lawfully kill him whose life they have sworne to defend with their utmost power let them produce any law which gives power to English Subjects to traine array muster without the Kings authority that I may not say against his expresse command and to the end they may destroy him when they have done this and confuted their oathes of supremacy and fealty and made it appeare to the world they were forsworne I will cease to preesse them with that of St Paul you must needs be subject not only for wrath but also for conscience I will then direct my speech to the King and indeavour to perswade him to submit to the People under whom he governs But since they doe not so much as pretend any law but justify their Rebellion only by that word fatal to this Kingdome necessity and lay downe a Principall sit to disturbe the peace of all nations that when dangers threaten lawes must give place to discretion and the subjects birthright liberty and property must be sacrificed to a few ambitious mens ragioni di stato I thinke I am bound in charity to admonish them in what a desperate condition they are Those who resist shall receave to themselves damnation All that they gaine by mannaging the ruine of their Country will not countervaile the losse of their soules I remember the saying of the Prophet The prudent shall keepe silence in that time for it is an evill time Amos. 5. 13. But I value not safety in comparison of honest though weake endeavours to do service to the publike Some state it thus elective Kingdomes are subject to forfeiture but not successive These men give but small satisfaction because they build upon a very unsound foundation For succession is no inlargement of right but only a continuance of that which the first had elective Kingdomes are not forfeitable except there be some expresse law which places a power in the people to rule their King and governe their governour It is plaine the Roman Emperors though chosen were absolute and successive Kingdomes if there be any such expresse law are forfeitable it is as plaine the Spartan Kings who were haereditary might be legally deposed in some cases The unlawfulnesse of hostile resistance against the King of England is supported by a surer foundation viz. the knowne Lawes of this Realme strengthned by divine ordinance the necessity of our allegiance is demonstrable from the fundamentall Lawes of this Kingdome I shall onely desire my readers to consider the nature of this government and they must evidently discerne to fight against the King is Treason and Rebellion I will lay downe nothing but what sober men shall have as little reason to doubt of as to beleeve that the King was despis'd and scorn'd in order to be made glorious and that they endeavoured to kill him in order to his preservation So at Edge-hill but before they were more cruell and reserved for him something worse then death to live under their command Instrumentum servitutis haberent Regem they would make him the unhappy instrument to raise them to honours in the ruine of his good Subjects The Duke of Normandy invaded England with a potent Army and made himselfe King what our Lawes were under the Danes or Saxons by whom wee were likewise conquered doth not much concerne us to examine no more indeed then it doth to know the ancient Brittish Lawes and Priviledges which were taken away by them and the true owners were beaten out of their rightfull possessions and inheritances for he inverted the Government altered the Lawes disposed of Possessions to his Norman followers whose bloud runnes in the veines of our most ancient Gentry and made all as well English as his native Subjects feudaries to him so that he remained Directus dominus Lord Paramont or overlord in the whole Land that we may make no scruple of this truth the Lawes given us by him and which we are to live by now are written in his language However we state his entrance whither by the sword or to avoid the envy of that title by a voluntary submission of all to him as to their Soveraigne the conclusion cannot vary because the duty of non-resistance arises from their owne act they taking an oath to be his true and loyall Subjects It is objected If he came in by force he may be turned out by the same title De jure he cannot in this case Quod fieri non debuit factum valet for though conquest be a name of greater strength onely and be not it selfe a right yet it is the mother of it Because when the people are in their power for feare oâ— harder usage they passe their consent to be his faithfull Subjects and to be peaceably governed by such Lawes as he shall or hath given them This subsequent Act gives him a full right to the Crowne To speak to the present case he for his owne security and because it was the necessary meanes to enable him to protect his Subjects retaines the right to dispose the Militia of the Kingdome which continued in his Successours