ordained for their safetie rather than all should perish to save one Thou art worth ten thousand of us say the people * 2 Sam. 18. 3. to King David but not worth thirteen hundred thousand * 2 Sam. 24. 9. for all that It is true the meanes materially may be better than the end But I say as meanes they are subordinate and inferiour Now a King or Governour in his best notion is but a meane for the Subjects happinesse It was indeed our Saviours infinite but voluntarie goodnesse that being in the forme of God c. hee would so far emptie and debase himselfe as to be the meane of mans salvation Let us hold to humane or naturall means I know it is objected the King is the Head and Highest therefore no way inferiour How the King is the Head and Supreme is elsewhere declared But a politike Head is much different from the naturall This being taken off the body dyes Till that all government be taken away the politike body dyes not However the Head bee highest in place the Body is above it in dignitie especially because it beares the Heart the principall part by Aristotles Philosophy Fountaine of Life Mint of the Spirits and prime Seat of the Soule Thirdly if this were the condition of Government at the first institution it must be the condition of all just and lawfull Governments unto this day the Rule being eternall of Salus Populi and wheresoever there is any failing or defect herein there is so great a declination to Tyranny more or lesse And therefore it is most considerable how a Kingdome began or what prerogatives and authoritie the King had allowed him from the beginning if all be employed and referred to this maine end all is well and the Government good otherwise it doth regenerate and may be corrected however it began Fourthly the naturall end of Government needs not be set downe in a written convention or compact as some * Consc satisfied Sect. 3. would have it For beside that when Government began in most Nations they had no writing at all It is impossible to imagine or conceive that reasonable creatures should submit themselves to the rule and command of others for no end or any other end beside their owne good This cannot then but be supposed in all Governments though no such convention appeare in writing Fifthly if this end be disappointed and they which have authoritie and power given them by the people for the peoples good impugne crosse and hinder the same by spoyling oppressing and destroying them that power and authoritie ceaseth ipso facto there needeth no resuming of it as some would have For being given in relation to an end that end failing the meanes do fall of themselves Nor can it be supposed that any reasonable creatures would give authoritie and power against themselves and to their owne hurt or intended at first to continue the same to their owns destruction which was given only for their defence and preservation It fares too often with States as with the Horse in the Fable Non Equitem dorsâ— non froeâ—um depulit ore He took the saddle for defence But hath been jaded ever since Men are not tyed to the ordinarie Law of Horses but if Bellerophon will drive his Pegasus up to Heaven an unnaturall course Pegasus may be bold to turne off his Rider upon the earth Sixtly the peoples safety being the end of all just Governments if that should be invaded by the Governours or Kings themselves whom they have trusted over them some meanes must needs be allowed them to preserve and recover the sâ—me Otherwise mankind may easily be frustrated by fraude or violence of the maine end for the preserving whereof they subjected themselves to Rulers and that without all remedy which as I conceive ought not to be supposed Now in such Kingdomes or Governments as have Parliaments Diets and such full Assemblies of the States these meanes of preserving Salus Populi are more plaine easie and expedite then elsewhere because such generall Assemblies can both judge truly of such wrongs and breach of common Liberties and readily provide remedies for the same both which are more slowly and hardly done where such publike Assemblies are wanting and therefore they be much more subject to tyrannies and oppressions then the others are But whensoever it appears unto the Kingdome or Bodie of the people clearly that the Governours in stead of procuring their good and safety do spoile and oppresse them as the obligation of rule and and subjection is presently void the end failing upon which it was grounded so they have liberty to provide for their owne welfare either by reforming what was amisse or by limiting and qualifying the Authority and Prerogitives of those Rulers or removing that Government or those evill Governours in case of extreame necessity and placing others is more hopefull meanes for the publike good In all which they may lawfully make use of their owne Strength Power and Armes or any other as occasion shall require For that the chiefe end of all Government ought not to be frustrated and dis-appointed D. Fearne argues because elect Monarches did succeed Paternall Government therefore they succeeded in the same right and condition free from coertion and removalls as fathers were and so meant under the names of fathers in the fift Commandement But how followes it because they followed Fathers therefore they did follow in the same condition every way Fathers have a naturall obligation and a naturall affection strangers have not so Fathers have no other Interest but their childrens good strangers have no it is certaine that never Fathers had any jurisdiction and power of the sword or if ever they had and grew tyrannous it s as certaine their children might cast off their Government though not their Fatherhood As for the fift Commandement it belongs no more to Kings then other Governours yea and Teachers Masters and other Superiours whereof none so unmovable as Parents Seventhly and last of all That end must regulate * Reckerm System Log. lib. 1. cap. 18. Canon 4. de fine ult ex Aristot Polit. 1 6. de Caelo 2. â— 74 all the meanes so as they may best conduce for the attaining of the same The King then being but a meanes his Authoritie and Power must be regulated accordingly as the people shall think meetest for their owne safety and therefore in our State as the Kingdom or people have 1. Intrusted their King with the chaâ—ge of seeing the Lawes executed and obeyed which are provided for their safety so they have given Authority to the Parliament by a neerer trust both to devise and make new Lawes abrogating the unusefull and declaring the doubtfull and obscure with the Kings consent in all who is the chiefe Minister in executing the same 2 So likewise to visit and correct all abuses in the State yea to examine the Kings owne proceedings whether he hath rightly discharged his
entertaine such a conceit as may occasion so great a breach between us and all the true Churches of God as if we alone were to set up ladders and go to heaven other Nations some for want of true Doctrine others of Government and Discipline excluded all But if you do allow of other formes of Government as no way crossing but agreeable to the Word of God why should it be any scruple of conscience in such an indifferent case to joyne with the maine body of this Kingdome in pulling down the Prelacy as an old decayed house which is no way necessary but hath been much abused and given great offence to many yea conceived to be inconvenient for the safety of the Kingdome and in setting up another forme agreeable to Gods Word more safe and pleasing to the people of the Land and more complying with the best of the Protestand Churches abroad for you may observe how ever you vow your best endeavour to extirpate the Hierarchy which the better and more religious sort of the whole Land have much and long distasted yet you do not vow to set up any other particular forme but onely in generall the best according to the Word of God and example of the best and Reformed Churches Which me thinks everie good man should desire and endeavour of himselfe though no Covenant were proposed much more should he joyn with his whole Countrey going before him and calling for his assistance Perhaps you may thinke to come unto the other maine point that there wanteth authority sufficient in these proceedings you may scruple at joyning in a Covenant much more in Armes and there to hazard your life and state against the King as it seemes to many And here indeed there will be some worke to perswade you to a right understanding of things so much hereto sore has the Kings power been cried up especially by the Clergie the choicest flowers of whose preferments did onely grow at Court and the Parllament cried downe as fast especially by such as were desirous to prey upon the Kingdom without controule Now then first I say that neither the Covenant nor the Arms are taken against the King but for him both In the Covenant it is exprest To defend the Kings Majesties person and authoritie And the Armes do speake as much being stiled for the King and Parliament however the king being mis-advised by evill Councellours do seeme in person to appeare against them But had there been any evill intention against his Majestie there might have been set up another Majestie before this time For my part I am undoubtedly perswaded if he should really and fully comply with his Parliament he should have as glorious a Government but far more easie contented sweet then hitherto he hath ever enjoyed A Physitian giveth his Patient a potion that seemeth bitter and he is verie loth to take and if the disease be unruly he is bound too without any evill will or meaning to wards him but only for his health and good Eares that have been long acquainted with the descanting musicke of flatterie will at first much distast the harsh and plaine notes of truth though indeed more truly harmonious I know verie well there is no passing for me thus It will be demanded Who made the Parliament the Kings Physitians Or how may any Subjects take up Armes though not against his Person yet against his will Yes If truth may be spoken without offence whereunto the Statutes for Treason heretofore gave small freedome The Parliament may be called the Kings Physitians and may also take up Armes especially in their owne defence against his will for his or the Kingdomes good Take wee that common Axiom for the ground of all that Rule eternall as the Peace-maker * Sect. 22. sayes which in a Kingdome where tyranny prevaileth not is unquestionable Salus populi suprema Lex The good and safetle of the people and Kingdome is the most fundamentall Law of all government There cannot be well conceived any other aime or end wherefore people should choose them Kings or any other forme of Rule but only for their owne defence and well-fare and certainly not for the good of their Kings or Governours primarily but only in relation to their owne and as it is involved in the common good of all What Tyrants aimed at who forced men under their subjection as Nimrod and the like it is no way materiall to speak of when we deale upon lawfull and just Governments such as our owne A learned Doctor * Dr. Fearne in Conscience satisfied Sect. 5. pleading the Kings cause though hee hath heaped many errours about the originall of Government which as occasion is offered I shall discover yet seemeth ingenuously to grant this Axiom That the safetie of the Common-wealth is the highest end and unto that end all other are meanes and that the Higher Power ought to minister unto that end And the Apostle * Rom. 13. 4. doth plainly speak as much He is the Minister of God for thy good that is the good of the Subject of the People The Minister of God he is called because of Gods generall Ordinance the Minister of man also hee may be called because of the particular whereof St. Peter speaks Submit your selves unto all manner Ordinance of man To say Kings are the ordinance of man subjectivè or for the qualification of their power may seeme rather a shift than a credible exposition or answer It is not likely St. Peter did dreame of either Now this being granted that the well-fare of the People governed is the originall and finall cause of all Government and Governours even of Kings see what building may be raised upon this foundation what consequences depend upon it in generall and so we will descend to our owne particular First it followeth hence That the Kingdome is not ordaided for the Kings use benefit or good but the King is ordained for the Kingdomes use as the chiefe and supreme ordinarie meanes to precure the Peoples well-fare and safetie For that millions of men of the same mold and temper should be ordained for the benefit of one as it is most unnaturall and unreasonable so doth it relish too much of the Tyrant and Slave Secondly If the Kingdome or Peoples safetie be the highest end and the King only the chiefe ordinarie meanes provided for this end as the end is more noble * Keckerm System Log. lib. 1. cap. 18. Canon 5. de fine primario ex Aristot mag mor. 1. 7. and excellent and to be preferred before the means as they are meanes so is the whole Kingdome superiour to the King and the King though Singulis major universis minor Lesse than all in generall though greater and above all in particular And therefore in case it were necessarie either for the King alone or the whole Kingdome to be destroyed who will not think it more just and reasonable that one should save all being
* Consc satisfied Sect. 3. sayes are meer inventions of men But is it lawfull for men to limit or qualifie that which God himselfe hath otherwise and more fully ordred Certainly if this be unlawfull as it cannot be otherwise if God himselfe be the immediate Author of Royall Authoritie then all the Realmes in Christendome do verie much offend For in all the absolute power of Kings is limited though in all diversly This is acknowledged to proceed from the People as correcting Gods Ordinance which without all doubt is not in any Peoples power to do And therefore all Kings may take upon them nay ought indeed to take upon them an absolute and arbitrarie power nor is it any treason to perswade them therunto if that be from God and these limiations qualifications meere inventions of men I know not whither wee shall run anon by following this new doctrine Yet some where I have seen thirteene I cannot say proofs they were so weak but offers to make good the immed … Commission of Kings from heaven all so short and wide from the mark that I should wrong the Reader to repeat them For either in generall they show that Kings all Goveronrs indeed are authorized by Gods generall Ordinance the particulars of them assigned by God his especiall providence or els they concern Moses and the Kings of the Israelites which doth no way concerne other Kings when I heare such an expresse testimonie for others as I read Deut. 17. 15. for those Kings Thou shalt make him King over thee whom the Lord thy God shall choose it will be credible to me that God hath an immediate hand if not in their authority yet in their personall assignement And till we have some more likely proofe then hitherto I have seen give us leave to suppose still that those men who have limited the authority of Kings by their owne confession did first give the same I find no proofe at all that such authoritie comes from God till then I may well suppose that those men who have limited the authoritie of Kings did at first give it Last of all if the King were not entrusted with his Command by the Kingdom how could the Kingdom have Authority to examine and controll his proceedings in the discharge thereof But this Authority they have and do entrust the Parliament therewith as now I am to prove upon the second point upon which the former point will necessarily follow Secondly that the Parliament hath full Authority from the Realm to examine the Kings proceedings and to controll them if irregular that is either trespassing against the known Laws or otherwise encroaching upon the Subjects liberty and safety common experience and the continuall practise of Parliaments doth make it evident Indeed his Person they do not strike at and to blemish his dignity and honour they do spare all that may be in the eyes of Subjects and strangers that he may still retain his full glory and lustre both at home and abroad And it is presum'd that he does nothing personally and therefore nothing against the Laws but onely by Ministers and Agents But all his unlawfull acts by such Ministers they do reverse and punish the Instruments themselves though immediately commanded by the King Now this they can no otherwise do but as they are authorized by the Kingdom whereof the Noblemen are a part themselves the House of Commons chosen by the Commons of the Land Nor indeed can they well have any other abuses to reform but such as the King either commands or approveth and connives at For all others commonly are redressed by the King and ordinary Courts of Justice But such enormities as grow at Court either by command or toleration and connivence the Parliament onely can redresse And therefore have Courtiers so much possest His Majesty against Parliaments as if they did eclipse his Glory because they may not themselves grate upon the Subjects and play Rex quietly without question and censure of Parliament Dr Ferne * Cons satisfied Sect. 4. seems to allow the Parliament no Authority but onely an assentin making Laws with His Majestie But this power of visiting the publick abuses both in Court and Kingdom is every whit as great and as necessary a Power for maintaining of Salus Populi And beside the command of the Subjects purses in granting of Subsidies which onely belongs to the Parliament is a great and very considerable Authority As for making Laws if wee le speak properly the King doth rather assent to them who bring the Acts ready penn'd and Voted then they to him Certainly a great providence and blessing of God it is that we have the benefit of Parliaments to purge out such corruptions as will daily grow in so great a politick body Otherwise in a few yeers as by dear experience we have lately found by the flattery and craft of mischievous wits working for their own covetous and evill ends the liberty of the Subject and the safety of the Realm would be quickly undermined and overthrown Thirdly But if the Parliament should be withstood or disturb'd if opposition made to hinder them in reforming the abuses of Court and Countrey and providing due means for the safety of the people which was my third point must they sit still then and quietly suffer such abuses as they can not reform And shall the safety of the State suffer through their weaknesse and disability No doubt but Salus Populi the welfare of the Realm which is the chief end of Government ought to be better provided for then so If such obstacles come in their way as can not be removed by ordinarie means no doubt but the Kingdom is to allow them power to make the Authority good where with they have entrusted them and to preserve their own safety Otherwise the Authority is all in vain because every opposition and disobedience may hinder the execution and discharge thereof and so the publick weal may suffer without all remedy As Philosophy saies Frustra est potentia que nunquam reducitur in actum Such a natural faculty is in vain which cannot be actuated so is that Authoritie in a State which every disturbance may frustrate and disappoint Now as Aristotle sayes of God and Nature so it is to be presumed of a Kingdom that it doth nothing in vain and therefore that together with Authoritie it gives power also having all the power in its own hands to enable the discharge thereof This power can be no other then Posse Regni the Militia of the Kingdom Quid enim contra vim sine vi fieri potest Forcible opposition must have forcible resistance This Posse Regni then in case of necessity the Parliament may and ought to raise and employ even without the King if he do crosse himself or joyn with such as disturbe them in their proceedings I know here comes in a great out-cry against Rebellion as if it could be no lesse for any to