of Canonists Civilians Schoolmen nor is it to my knowledge contradicted by any that the Legislative power is delegable that such a concurrence is no Argument of supremacy or of such a mixture as some would infer out of it Some call it therefore apparens mixtura because it seems to destroy a simple Form of Government and to make a mixture in the power it self but doth not though otherwise they acknowledge it to be such a mixture as doth remit the simplicity thereof Grotius affirms to this purpose de Imperio summ potest circa sacra c. 8. N. 11. Illam legislationem quae alii quà m summae potestati competit nihil imminuere de jure summae porestatis He speaks this of Laws made by general Conventions whose concurrence he saith doth not in the least manner diminish the Rights of Majesty Such a mixture of the three Estates hath been in other Monarchies which all men acknowledge to have been absolute in respect of power as in the Persian which appears from Dan. 6 7 8 9. and the Roman Empire And not only whole representative Bodies but divers particular free Cities have the same priviledge yet have not supreme Authority As for the enacting Authority attributed in latter times to the Lords and Commons in the beginning of some Acts he affirms p. 101. That 't is only a power of assenting for it hath been resolved by the Judges that this clause Be it enacted by the Kings most excellent Majesty and the Authority of the Lords and Commons assembled in Parliament is no more in substance and effect than that which was used anciently The King with the assent of the Lords and Commons establisheth the words assenteth and enacteth being equivalent in this case and p. 45. he tells us that though the two Houses have Authority granted them by the King to assent or dissent yet the Legislative power belongs to the King alone by the Common Law the Authority that animates a Bill agreed upon by the two Houses and makes it differ from a dead letter being in the King who is the life and soul of the Law which was resolved also by divers Earls and Barons and by all the Justices in the time of Edw. 3. For one Hardlow and his Wife having a controversie with the King and desiring to have it decided in Parliament a reference being made to divers Earls and Barons and to all the Justices to consider of the business it was resolved that the two Houses were not coordinate with the King in the legislative power but that the King alone made Laws by the assent of the two Houses that he had none equal or coordinate with him in his Realm and that he could not be judged by the Lords and Commons From all which it appears 1. That that part which the two Houses have by Law in the Legislative power is not a sufficient medium to perswade us that they have a part in the supremacy and 2. That they have no share at all in any power which may properly be called Legislative I mean in that sence in which the words Legislative power are now adays commonly taken viz. for a power of making Laws For among the Romans Legem ferre was no more than Legem ad populum in concionem quasi in medium afferre proponere and Legislation was no more than Legis Rogatio à populo the proposing the matter of a Law to the Roman Citizens and asking their assent in order to its establishment I conclude therefore that the supremacy is wholly in the King notwithstanding this insinuation to the contrary For the proof whereof if this Author stand in need of more Arguments I refer him to the Rebels Plea examined p. 11 12. to Dr. Pierce's Impartial Enquiry into the Nature of sin Appendix p. 210 211 c. To Mr. Sheringham's Remonstrance of the King 's Right or the King's supremacy asserted To Judge Jenkins his Lex Terrae p. 7 8 9. Indeed this consideration alone is sufficient to evince it that by the Oath administred to all that sit in the lower House the King is acknowledged the only Supreme Governor in all Causes then in Parliament-Causes says J. Jenkins Lex Terrae p. 127. over all Persons then over the two Houses ibid. which Oath every Member of the House of Commons is enjoyned by Law to take or else he hath no Voice in that House 5 Eliz. c. 1. Lex Terrae p. 67. Therefore the King is by Law the only supreme Governor and consequently it may not be thought that a part of the Supreme Power doth reside in the two Houses Our Author goes on And this part of the Supreme Power is capable indeed of doing wrong but how it might be capable of Rebellion is more difficult to conceive 1. Here he confidently takes it for granted that the two Houses are part of the Supreme Power whereas in the precedent words he spake more modestly and told us only it might be thought that a part of the Supreme Power did reside in them not peremptorily inferring that it doth reside in them And indeed he could not rationally have so concluded unless he had produced more cogent Arguments to make good that conclusion 2. Whereas he acknowledges the two Houses capable of doing wrong and tells us only that 't is difficult to conceive how they may be guilty of Rebellion 1. Notwithstanding this Apology the Presbyterians that acted in and by Authority derived from the two Houses may have been guilty of Rebellion since the difficulty of conceiving how they might be thus guilty will not evince their innocence 2. I demand of him whether 1. they are capable of doing such wrong to the King as the Law makes Treason and Rebellion whether 2. if they do such wrong it be not easie to conceive that they are guilty of Rebellion and Treason The Law of the Land 25 Edw. 3. ch 2. makes it treason to levy war against our Lord the King in his Realm or to be adherent to the Kings enemies in his Realm giving to them aid or comfort in the Realm or elsewhere and also to counterfeit the Kings Great or Privy Seal or Money The resolutions of all the Judges of England upon the said Statute have been that to seize upon the Kings Ports Forts Magazines for War is high Treason Lex Terrae p. 77. as likewise to levy War either to alter the Religion or any Law establisht p. 22. 40. or to remove the Kings Counsellors p. 22. Yea these things were acknowledged to be Treason not only by Sir Edw. Cooke in his Institutes printed by an Order of both Houses dated May 12. 1641. but also by Mr. Solicitor S. John and Mr. Pym in their speeches touching the Earl of Strafford Where as J. Jenkins quotes them Lex Terrae p. 187 188. they likewise affirm it Treason to usurp the Royal power to raise rumors and give out words to alienate the peoples affections from the King to subvert the
and Idolatry And in the New Testament that covetous Persons revilers extortioners are in the number of those unrighteous men that shall not inherit the kingdom of God that they also who are guilty of idolatry witchcraft hatred variance emulation wrath strife fedition murder shall be excluded the kingdom of Heaven as well as adulterers fornicators drunkards and when 't is evident to us from your practises that you presbyterian Ministers have for many years been in a Scripture account Wizards and Idolaters because you have behaved your selves stubbornly and rebelliously against the command and Authority of God and the King contentiously wrathfully and seditiously against the inferiour Governours sent by him as the supreme that you have born false witness against those that were loyal and obedient Subjects as Traytors Incendiaries c. And then have manifested your selves so insatiably covetous of their goods and legal possessions that some of your party have enjoyed plundered goods and sequestred livings legally belonging to honest Royalists and besides all this you have prayed for the prosperity of Presbyterian Armies and encouraged them to fight against the King and cursed those that did not and the more of the Kings Friends your forces killed the more heartily you gave thanks to God and by such approving compliances are guilty of the bloud of thousands of the Kings Loyal Subjects and consequently of so many murders To kill any man in war without Authority derived from him or them that have legal power to make war being murder and that your Presbyterian Lords and Commons had no such power as to that war which they made and you abetted is evident enough from this that a Law of the Land 25 Edw. 3. c. 2. makes it Treason to levy war against the King in his Realm or to be adherent to the Kings enemies in his Realm giving them aid or comfort in the Realm or elsewhere Since also 't is no better than murder to kill or put those men to death whose lives as well as goods lands c. the Law hath taken special care to preserve you are by your approbation partakers of their sin who murdered such men That you approved the taking away their lives who adhered to the King in the late wars we presume you will not deny yea you covenanted to do them mischief under the Notion of Malignants Incendiaries and Evil Instruments That the Law of the Land saves them harmless is evident from 11 Henry 7. c. 1. Wherein 't is declared to be against all Laws Reason and good conscience that Subjects going with their Soveraign Lord in Wars attending upon him in his person or being in other places by his commandment within this land or without should lose or forfeit any thing for doing their duty or Service of Allegiance Wherein likewise 't was enacted that no manner of person or persons whatsoever that attend upon the King and Soveraign Lord of this Land for the time being in his person and do him true and faithful service of Allegiance in the same or be in other places by his commandment in his wars within this land or without that for the said deed and true duty of Allegiance he or or they be in no wise convict or attaint of high Treason nor of other offences for that cause by Act of Parliament or otherwise by any Process of Law whereby he or any of them shall lose or forfeit life lands tenements rents possessions hereditaments goods chattels or any other things but to be for that deed and service utterly discharged of any vexation trouble or loss And if any Act or Acts or other Process of the Law hereafter thereupon for the same happen to be made contrary to this Ordinance that then that Act or Acts or other Process of Law whatsoever they shall be stand and be utterly void Now you Presbyterian Preachers being thus guilty with what face can you reprove our prophaneness or judge us to Hell for those vices which are but motes in comparison of those beams which an ordinary sight may discern in your own eyes and tell us if you can why these practices of yours do not give us just cause to suspect that either you are very scandalously ignorant of the most material and concerning portions of holy Scripture or that you do not give any credit to them and then why do you seek to affright us from our intemperateness and lewdness with such mormo's as your selves are too sturdy to be scar'd with or else that you have some Salvoes and comfortable reserves which might keep us from despair and make us presume upon Heaven as well as your selves if you would please to acquaint us with them And therefore till your selves are more reformed and civilized and walk more orderly towards God and the King towards the Laws of Nature and Scripture and this Nation you cannot in modesty expect that your Sermons should prevail upon us to restrain our debauchery or convert us from dissoluteness and disorder And now let this Author prove if he can as strongly as he boldly affirms that the men whom he pleads for who are such bad Christians must needs be good Subjects But p. 56. The man goes on to prevaricate and abuse his Readers into a good opinion of Presbyterians Neither are they wandring starrs a people given to Change fit to overturn and pull down but not to build up they do not hang in the air but build upon a firm ground they have settled principles consistent with the Rules of Stable Policy Contrariwise Fanaticks truly and not abusively so called do build Castles in the Air and are fit Instruments to disturb and destroy and root out but never to compose and plant and settle for which cause their Kingdom could never hold long in any time or place of the World Vpon this ground Presbytery not Sectarian Anarchy hath been assaulted with greatest violence by the more observing Prelatists against this they have raised their main batteries This appeared formidable for 't is stable and uniform and like to hold if once settled in good earnest From which heap of words I gather 1. That the Presbyterian Lords and Commons were Fanaticks truly so called since they manifested themselves for several years together fit instruments to disturb and destroy and root out the Order Governours and Government establisht by Law but when they had so far disturbed things as to destroy by Force and Arms that Form of Policy in Church and State when they had done fighting against the King and had gotten him into their clutches instead of shewing their skill in composing planting and setling they employed their time in building Castles in the Air till the Independent Fanaticks out-witted them and cunningly jugled that power out of their hands which they had by force and violence wrested from the hands of his Majesty and the Laws 2. I gather that the principles of the Anarchical sectarians are more consistent with the Rules of Stable-policy than
those of presbyterians because their Kingdom and Tyranny lasted much longer than that of Presbytery 3. I gather that Prelatists had more reason to oppose Presbytery than sectarian Anarchy because if this Author be in this particular a tell-troth presbytery was like to produce a more firm and rooted Schism against the Bishops and a more formidable because more durable rebellion against the King than sectarian Anarchy 4. I conclude that therefore we have great reason to bless God that the Fanaticks routed the Presbyterians and put a period to the dominion of Presbytery since if it had once been setled in good earnest it would either have kept out his Majesty much longer than sectarian Anarchy did or else have introduced him upon such uncivil insolent and imperious terms as the Scotch Presbytery brought him into that Nation and would in probability have forced him to rest content with an Isle-of-Wight-titular-Kingship But 5. I gather that Reason of State forbids the protecting and encouraging of Presbyterians since they are not fit to overturn only and pull down but also to build up a stable and uniform Tower of Babel in defiance to the Laws of God and the King such an one as 't will concern Heaven it self to take cognizance of and to secure its own Soveraignty and Supremacy by exerting its wisdom power and goodness in defeating their Counsels controlling and confounding their ambitious designs It follows This Party doth not run so fast but they know where to stop they are a number of men so fixt and constant as none more and a Prince or State shall know where to find them Whereas 1. The Presbyterian Lords and Commons declared April 9. 1642. that they intended to take away nothing in the Government and Liturgie of the Church but what shall be evil and justly offensive or at least unnecessary and burthensom and yet afterwards they wholly extirpated the Government of our Church and abolisht its Liturgy things burdensom it seems to them at last though not justly offensive and yet these men are so fixt and constant as none more 2. His late Majesty in his Declaration occasioned by the Presbyterian Ordinance for assessing the Twentieth part of mens Estates hath left on record some notable examples of that Parties fixedness and consistency with themselves We have not says the King lately heard of the old Fundamental Laws which used to warrant the Innovations This Ordinance needs a refuge even below those Foundations They will say they cannot manage their undertakings without such extraordinary ways we think so too but that proves only that they have undertaken somewhat which they ought not to undertake not that it 's lawful for them to do any thing that is convenient for those ends We remembred them long ago and we cannot do it too often of that excellent speech of Mr. Pym's The Law is that which puts a difference between good and evil between just and unjust if you take away the Law all things will fall into a confusion every man will become a Law to himself which in the depraved condition of humane Nature must needs produce many great enormities Lust will become a Law and Envy will become a Law Covetousness and Ambition will become Laws and what Dictates what Decisions such Laws will produce may easily be discerned It may indeed says his Majesty by the sad instances over the whole Kingdom But will posterity believe that in the same Parliament this Doctrine was avow'd with that Acclamation and these Instances after produced that in the same Parliament such care was taken that no man should be committed in what case soever without the cause of his Imprisonment expressed and that all men should be immediately bailed in all cases bailable and during the same Parliament that Alderman Pennington or indeed any body else but the sworn Ministers of Justice should imprison whom they would and for what they would and for as long time as they would That the King should be reproach'd for breach of Priviledge for accusing of Sir John Hotham of High Treason when with force of Arms he kept him out of Hull and despised him to his Face because in no case a Member of either House might be committed or accused without leave of that House of which he is a Member and yet that during the same Parliament the same Alderman should commit the Earl of Middlesex a Peer of the Realm the Lord Buckhurst a Member of the House of Commons to the Counter without reprehension That to be a Traitor which is defin'd and every man understands should be no crime and to be call'd Malignant which no body knows the meaning of should be ground enough for close Imprisonment That a Law should be made that whosoever should presume to take Tonnage and Poundage without an Act of Parliament should incur the penalty of a Praemunire and in the same Parliament that the same Imposition should be laid upon our Subjects and taken by an Order of both Houses without and against our Consent Lastly That in the same Parliament a Law should be made to declare the proceedings and judgment upon Ship-money to be illegal and void and during that Parliament that an Order of both Houses shall upon pretence of Necessity enable four men to take away from all their Neighbours the Twentieth part of their Estates according to their discretion Thus his Majesty And yet these are the men whom a Prince or State shall know where to find I might instance in more particulars of the same or worse complexion as to Lay-Presbyterians but I must not pass over in silence some of the Presbyterian Ministers of London to whom Price in his Clerico-Class p. 53. speaks thus If doubts arise concerning resisting Kings and Rulers especially in case of Oaths Vows or Covenants touching preservation of the person of the King as there did from the Solemn League and Covenant then you are ready to give satisfaction and to tell the people that that clause in the Covenant is to be understood not simply but relatively that is is not a single but a complex engagement not an absolute but a conditional clause with many such distinctions It is for the Kings person in the preservation of our Religion and Liberties and though the King should be destroyed by you you have notwithstanding kept your Covenant But p. 54. when the War is ended the Enemy vanquish'd the Liberties of the people recovered c. if they bring not the spoil of their victories and lay them down at your Feet and if they that sit at the stern do not lay aside all other business and do nothing else but build your Palaces then p. 55. you temper your Sermons and turn your Tongues your Lines your Language for the Royal Interest and p. 27. fly to that part and Article of the Covenant engaging for the preservation and defence of the King's Majesties person and Authority and p. 35. plead it against the Parliament and Army for