Democratical the Government of these Deligates is Oligarchical they being chosen out of the wealthiest of every County and both these put together make up a Pol ty as Aristotle calls it but as Plato whose termes differ from Aristottles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 To prove the erection of this unlawful they much labour but that toyl of theirs might very well have been spared The people of this Land have in all ages had a supreme power over their King and Lords which was exercised by their Representatives who by old Lawes were to meet twice a year and by a latter Statute once a year though the Tyranny of wicked Kings had brought that of late into a disuse Which prescription notwithstanding cannot take away the Peoples right It s vulgarly said That no prescription lies against the Kings Exchequer much less can a prescription lie against the People who are greater then the Prince and for whose sake the Prince hath that priviledge Dicores quatuor esse in quibus sita est tota vis Majestas Reipublicae nimirum Jus Magistratuum creandorum Deliberationes omnes de Pace de Bello Legum lationes tandèmque Provocationes Donatus Janottius de Repub Venetâ pag. 59. Speed Book 5. Chap. 5. Suma imperii bellique administrandi communi concilio commissa est â—assivellauâ—e Nostro adventu commoti Britani hunc toti bello imperióque praefecerant Caesar Commenter lâ—b 5. Spe. d. lib. 7. cap. 1. S. 6. saith Junius Brutus The form of Government is that which dat esse operari as Non-scribers say and natural order and reason requires that propriae operationes propriae formae respondeant if therefore it be proved that the Representatives have ever had de jure a power to do the Acts proper to the supreme power it will follow that the supreme power was formally in them and that they were a Common-wealth having supreme Authority in themselves Let me here use the words of a learned Florentine I say saith he that there are four things in which the whole power and Majesty of every politique body is placed the power of creating Magistrates all deliberations concerning Peace and Warre making of Lawes and the last appeales If therefore the Representatives of the people have had the right to create all general Magistrates to consult of Peace and Warre to make and abrogate Lawes and the priviledge of the last appeal to be made to them they have been the supreme power That they have had these Rights I shall prove and begin first with Creation of Magistrates Julius Caesar before whose entrance into this Island the times are obscure through whose mists no Eagles eyes can pierce as the beloved Historian of Non-scribers Speed confesseth found the supreme power of electing Magistrates in a Common-Councel of the people The chief power of Rule and administring the Warre was by a Common Councel committed to Cassivellauâ—e And again the Britâ—ains being troubled at our landing set him that is Cassivellaune over the whole Warre and Empire The Common Councel then that made Cassivellaune King and General was a Tan-Britanicum an Assembly representing all Britain And when the Romans quitted their tooting here the Britains being invaded by the Picts joyntly united their meanes and powers and with one consent elect a King to manage those affairâ—s which was Vortigerne whom afterwards they deposed and elected his Sonne Vortimer But I must for further satisfaction in this point refer them to the Authour of the Rights of the Kingdom who after many Examples of such Creation of Kings concludes thus We see the Law at lest the â—ustom of those times both for electing anointing judging and executing of Kings themselves among our British Ancestors Conceâ—ning our Saxon Ancestors saith the same Authour the Minor is very clear that they did elect or chuse their Kings from among themselves who well agrees therein with the witness of Tacitus Rights of the Kingdom p. 55. Rights of the Kingdom p. 35. Reges ex nâ—bilitate duces ex virtute sumunt Tacitus de moribus Germanorum Soveraign Power of Parliaments part â— p 78. Soveraign Power of Parliaments part 2. p. 41. Soveraign Power of Parliaments part 1. p. 91. who speaking of the ancient Germans of whom the Saxons were a branch saith they chose their Kings for their Nobility their Leaders for their vertue which Testimony informs us that they enobled some for their vertues and out of them chose their Kings Concerning the Normans I have spoken already To conclude with the Testimony of Mr. Prinne who tells us That our Parliament and Kingdom observe the opposition anciently have both claimed and exercised a Supreme Power over the Crown of England it self and that we may be sure what he meanes by Parâ—iament in another place he saith out of Fortescue Chancellor of England in Henry the sixth's time that Kings were created and elected at first by the general Votes of the people from whom alone they receive all their lawful Authority having still no other or greater lawful power then they conferred on them only for the defence of Lawes Persons Liberties Estates and the Republicks welfare which they may regulate augment or diminish for the common good as they see just cause Neither did the setting of Kings over them divest them of the supreme power it self if Mr. Prinne while a defender of Parliaments may be credited I doubt not saith he but our Parliaments Kings and all other Nations would say they never intended to erect such an absolute eternal unlimited Monarchy over them and that they ever intended to reserve the absolute original soveraign jurisdiction in themselves that if their Princes should degenerate into Tyrants they might have a remedy to preserve themselves An impregnable evidence that the whole Kingdom and Parliament representing it observe what is a Parliament the Representative of a Kingdom and then not the Lords that represent no body are the most Soveraign power and above the King because having the supreme jurisdiction in them at first they never totally transferred it to the King but reserved it in themselves I should tire my Reader should I say all that might be said concerning the Commons Creation of other Magistrates Soveraigâ— Power of Parliaments part 2. p. 7. Mr. Prinne brings in Sir Edward Cook affirming that the Lord Chancellor Treasurer privy Sealâ— Lord chief Justice Privy Councellors Heretoches Sheriffs with all Officers of the Kingdom of England and Constables of Castles were usuâ—lly elected by the Parliament to whom of ancient right their election belonged who being commonly stiled the Lord Chancellor Treasurer chief Justice c. of England not of the King were of right elected by the Representative body of the Realm of England to whom they were accountable for their misdemeanors Rights of the Kingdom p. 77. 78. 2. All consultations of Peace and Warre of right appertain to the Commons of England It was the great Councel saith the Authour of the Rights
Animadversions on a Book CALLED A PLEA FOR NON-SCRIBERS Numb 14.4 They said to one another Let us make us a Captain and let us return into Egypt Justin Histor Lib. 38. Cappadoces munus Libertatis abnuentes negant vivere gentem sine REGE posse Valerius Maxim Lib. 2. cap. 9. Quam impudenter Duronius Rostra conscendit illa dicturus Fraeni sunt injecti vobis Quirites nullo modo perpetiendi alligati constricti estis amaro vinculo servitutis Lex enim lata est quae vos frugi esse jubet abrogemus igitur istud horrendae vetustatis rubigine obsitum imperium etenim quid opus Libertate si volentibus luxu perire non licet Seneca Epist 102. Non debuit hoc nobis esse propositum argutias serere Philosophiam in has augustias de sua Majestate detrahere Quanto satius est ire apertâ viâ rectâ quam sibi ipsi flexus disponere quos cum magnâ molestiâ debeas relegere Neque enim quicquam aliud istae disputationes sunt quam inter se peritè captantium lusus By EPHRAIM ELCOCK LONDON Printed by John Clowes for Richard Wodnothe and are to be sold next dore to the Golden-Hart in Leaden-Hall-street 1651. To the Right Honourable the Councel of State appointed by the Authority of PARLIAMENT Right Honourable WHen Lewis of Bavaria the fifth German Emperor of that name was sore baited by Pope John the 22. Defende me O Caesar ab injuriis Papae ense tuo ego te verbo scripto rationibus insolubilibus adversus eum tuebor Phil. Mornay du Plessis Histor Papatus p. 451. Psal 84.11 Psal 47.9 Anatomy of Melancholy Preface to the Reader p. 7. William Ockam our Countrey-man who merited the name of Dr. Acutissimus said to him defend me O Caesar from the injuries of the Pope by your Sword and I will defend you by word writing and unanswerable Arguments against him I dare not challenge such acuteness or efficacy of arguing to my poor Labours here presented to your Honours and therefore rather humbly crave your Protection of them and their Authour then dare to think my self your Protector Your Honours are under a higher Guard even his who is a Sun and Shield to the upright and to whom the Shields of the Earth the Rulers and Magistrates do belong Of the Book I may say as our Democritus out of Macrobius of his own works Omne meum nihil meum the Collection was mine the matter other mens and indeed it is more then an Echo an imperfect repetition of more perfect voices Yet it is what I have and since it concernes the late transactions of â—he Common-wealth your Motion in a high Orbe therein moved me to desire your gracious aspect and your sweet influences upon our Natioâ— incourage me to hope acceptation Diversions from the common road are usually look't upon as Trespasses though reason and our Law allow a Commander in pursuit of publick enemies to march his men through any mans enclosure So Heroical actions of vertue against Tyrants and their complices are sciled with unworthy aspersions by them who adore a form though corrupted and prefer private tranquillity before publick safety though God and nature dictate That meaneâ— which might at first have been chosen or refused are no longer to be used then while they are subservient to their proper ends and when they oppose them are absolutely to be rejected lest what was meant for Medicine turn to poyson A great part of the filth cast upon the late actions is directed against your Honours in special anâ— our victorious Army But as God hath born â—itness to their integrity by giving victory over the adversaries after solemn appeales to his decision so your Honours have hitherto so managed your trust and bin so signally saved by the Lord the shield of your help Deut. 33.29 and the sword of your Excellency that all your enemies have been found Lyars Go on Right Honourable to do worthily in and for our Land and the good Lord suggest to you more and more efficacious meanes for the advancement of his glory and the welfare of our Nation support you with courage and vigour that your Councels may be brought to the wished effect That England which hath been look't upon as a Nation forsaken of her God may by the good hand of God uâ—on your care and wisdom be made a praise in the earâ—h and set up in perfect beauty and that your memorial in after ages may be These are the repairers of the breach the restorers of pathes to dwell in which is the humble prayer of Right Honourable Your most humble Servant EPHRAIM ELCOCK To the Reader Reader whoever thou be I Will not foretel thy judgement I could like that Writers might be bound to the same conditions Ubbo Emmius de Rep. Ath. p. 35. that they were who pleaded before the Areopagites viz. that they should plead 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 neither use exordiums to flatter into a good opinion nor perorations to move pitty yet I am necessitated to advertise thee of a few things It may be thought that this Treatise is born out of due time because it took not hold of the heel of what it opposeth But I beseech thee know Ad haec facile procuranda magis idoneum habere neminem possis quà m Alexandrum Sartium civem tuum literatum hominem nostrique studiosum tum quod ego in hac re primum puto neutiquam in amici negotio dormitantem Ang. Polit. Epist Dedic ante Herod latinitate donatum Tit. 1.13 P. Servita History of the Inquisition pag. 61. 62. 1. That the report of the Non-scribers Plea came to my eares long before the Book it self came to my hands 2. That I long waited for some of better abilities to undertake it 3. That it was neither my only nor greatest business when undertaken and therefore went on slowly as being composed at houres spared from other and higher employments 4. That when it was perfected I was timerous of its publication being conscious of my own weakness and this being the first paroxisme of writing for the publick view that ever I was taken with 5. That when it was brought to the birth it lay long in danger of dying there for want of a Man Miâ—wife I mean such a friend as Alexander Sartius was to Angelus Politianus in the publication of his translation of Herodian till providence found me out such a oâ—e to whom as I am irrecompensably engaged so thou also art obliged for any good that thou receivest hence Some things may seem to thee too harsh but consider 1. The diversity of mens tempers requireth diversity of remedies Some must be sharply reproved that they may be sound 2. The nature of the Controversie he spoke reason that said Humane Majesty is not offended but with a certain malice and desire of him that offendeth and Heresie very often is through ignorance whence this for the
yet will not this make them coordinate with the Commons The means are subordinate to the end The Patron is but an honorary servant to his Client As if a Patron having bargained with his Clients adversarie for a share of the profits should betray his Clients cause he would not hurt his Clients rights So the conspiracie of great ones to the hurt and destruction of the people cannot detract any thing from the Peoples right They will fall into the punishment the Law ordains against prevaricators and the Law will permit the people to choose another Patron and pursue their own right Thus Junius Brutus If the House of the Lords then refuse to judge Hamilton's Army publick Enemies if they continue in a destructive Treaty with a Tyrant their Judiciall power which themselves desert is lost The legislative power may deprive them of that power for the future 2. The Fountain of this power considered will shew them not to be coordinate with the Commons The fore-praised Author out of the British Antiquities and an old Law-book called The Mirror shews that the Lords were raised out of and by the Commons of late they have been made by the King Now if the King be not coordinate with the Representers of the People much lesse can they be that have their Honor from him The Kings of England heretofore have been constrained by Parliament to lessen the number of their meniall Servants And although the late Kings might be tolerated to make mushrom Lords to furnish out a Court-jigge or a Coronation-Pomp yet could they make none to equall them who gave Laws to them both the Commons of England 3. The Lords sate in a personall capacitie onely not so much as representing their own Families thence were their Brethren and Sons Members of the House of Commons as Denzill Hollis Nathaniel Fienes c. So many single Persons cannot equall the Representives of the whole people The Senate of Rome who had a greater power then the House of Lords were not equal to the Colledge of the Tribunes of the people Neither should we grant that there were an equalitie of Power between the King Lords and Commons would it follow that therefore they have no power one over the other There are exceptions from the generall rule Par in Parem non habet potestatem Neither will their Major be firm should we keep the terme coordinate For 1. The End of Coordination of Powers is that if one should prove pernicious to the Common-wealth there might not be wanting a Power to restrain it and if necessity require the taking of it away there might be a face of publick Authoâ—ity remaining 2. Superiors may become obnoxious to their Inferiors when by contract they make themselves so Much more may coordinates become obnoxious to each other if they be all bound to pursuc one end and some prevaricate 'T is to be confest indeed that ordinarily Coordinates have no privitive power over one another but yet the Rule holds not in all cases where one Coordinate endeavors to destroy the End for which it was ordained the other Coordinate may remove it The End of both their Coordination being to be preferred before the means conducing to it and it being not onely dangerous to let the remedie fall into the hands of the multitude but unlawfull for the innocent coordinate to quit his station Constantine the great Pari potestate praeditiâ— notum verò est quod vuâ—go dicitur Par in parem non habet imperium nibil-ominus tamen Conâ—tantinus Licinium Christianos in iisque nobiles plaerosque religionis sive causâ sive praetextu re egantem divexantem contrucidantem bello peâ—it religionis liberum cultum Christianis vi impetrat fidem denique frangentem ad pristinam saevitiam revertentem Thessalonicae morte mulciari jubet Vindiciae contra Tyrannos Quae. 4. pag. 204. and Licinius were both of them Emperors in one Common-wealth of equall power and that vulgar saying is well known Par in parem non habet potestatem yet notwithstanding when Licinius banished vexed killed many Christians and among them many Noble ones either because of their Religion or under that pretence Constantine waged war upon him by force procures for the Christians free exercise of their Religion and at last puts Licinius to death at Thessalâ—nica who had broken his promise and returned to his former cruelty so Junius Brutus who also adds that when the Empire was divided between Constantines three Sons and Constantine the eldest maintained the Arrians Constans the yongest the orthodox the yonger threatned the elder to force him to restore Athanasius whom he had banished The Consuls were set up at Rome Ne potestas soâ—â—tudine corrumperetur Florus l. 1. c. 9. Suet. in Julio cap. 49. Plea c. p. 21. lest a power without companion should turn to Tyranny the Consuls therefore were coordinate yet when Caesar affected Tyranny his Collegue Bibulus proscribed him and had he had strength would doubtlesse have executed the sentence he pronounced But yet there is another stumbling block Those that removed the King and Lords are not an House of Commons they are but a parcell of one of the Estates the majority being excluded by them and kept from them by force of Arms. To which I answer 1. By denying that the House did exclude the Members that were excluded at the first the force that was used in exclusion of them was not by the consent of their fellow-Members as appears by their Message to the Generall and Councell of War Neither doth the omission of the prosecution of the Authors of it argue their consent The punishment of an Error suppose that this we speak of be one may be omitted by Authority if such punishment be dangerous to the Publick Peace Page 9. 10. but of this the Exercitation Answered speaks sufficiently 2. By denying that they are kept out by force but by Order of the House which hath power to punish its offending Members The majority of the House that followed the King to Oxford were excluded by Vote The House past severall Votes to exclude them that would not take the Covenant yet none ever questioned the remaining part to be an House unlesse it were the Oxford Cavaliers The majority of the Lords House were excluded by Vote Petition of 12500. c. and kept out by the minor part and yet the Lancashire Ministers call this minor part The House of Peers in their Petition and their Answer received August 25. 1646. the Answer of the House of Peers And I can conceive no reason why the exclusion of some Members out of the House of Commons should make them no House and the exclusion of the major part of the House of Peers not make â—hem no House unlesse it be that Non-scribers have forsâ—ken their former principles But Plea c. p. 23. this Vote by which the majority was excluded was contrary to the Vote of that
assertion I have shewed before Kings of politique kingdoms as England was in Fortescue's Judgement cannot change the Laws 2 Chronicles 21.10 Soveraign power of Parliaments Part. page 37. but the people are to be ruled by Laws only of their own making If the Representatives of the people have by the Law of nature a power over their Magistates and have exercised in it almost all Nations and the legislative power in England rests in them they had a power sufficient to take away the King and House of Lords and the powers that are taken away by their lawfull superiors are noe Power nor doth any tye lie upon their quondam Subjects to obey them What they adde ex abundanti Eccles 5.1 2 3. Plea c. page 41. Rom. 13.7 to prove the power of King and Lords still to remain is from such abundance as their sacrifice is whose voice is known by a multitude of words indeed meere Battology They say 1. The sanction of that Government from God is not disanulled they busie themselves to find out a way how it may be said to be dissolved I shall tell them Obedientia limitari semper debet secundùm limites potestatis quam habet superior praecipiens Medulla Theol. lib. 2. cap. 17. Thes 54. Plea c. page 42. God commanding obedience to powers commands to give every one their due and learned Ames will tell them that obedience ought alwayes to be limited according to the limits of the power of the superior commanding whence he concludes that the bond of obedience to an inferiour power ceases when the superior power commands it not to be obeyed We may safely conclude then that the Sanction of obedience to King and Lords is disanulled by the taking away of their Offices by the Representatives of the People of England their lawful Superiours 2. They would perswade us that the original constitution of the people in King Lords and Commons coordinate is not made void But the people never constituted such a Lordly King and Kingly Lords as they dream of they never gave them a joint power with themselves Non-scribers are pittifully mistaken in saying that the people chose their Delegates to consult and concurrently act with the King in Parliament They were chosen ad faciendum as the writ of Summons speakes to make Lawes for Kings and Lords as well as others not to be only Councellors or concurrent actors with them For their Reasons which they say they would produce to prove that it is unlawful for a people to depose their supreme Magistrate they would be very impertinent at the present for the supreme Magistrate is not deposed as long as the House of Commons stands and I doubt unconclusive unlesse they fully answer what Mr. Rutherford and Mr. Prinne two of their own friends have said in asserting the peoples power in that particular 3. Lawes say they are not repealed that give the sway of Government to certain persons and their issue To which I answer that such Lawes Plea c. page 43. if such there were are at lestwise virtually repealed in the Acts for taking away the Kingly Office and House of Lords and such repeales are lawful the whole legislative power being in the Representatives of the people who as an House are above all our common Law and positive Statutes and may change alter and abrogate them as they see most rationally convenient for the publick utility of the people These things considered engaging will appear nothing contrary to the Scriptures they quote page 37. The Senate was above Caesar and our Representatives of greater power then the Roman Senate the Parliament and people are the highest power No King is dishonoured by a Tyrants deposition no Ordinance of God is violated since God never ordained Tyranny in Exercise more then in Title Non-scribers are the men given to change who joyned with the Parliament in Armes against the King ere a while and one of the highest Acts of Soveraignty is the voting and making Warre and now are ready to joyn with his hopeless brood against the Parliament Plea c. page 44. In Judaeos Mahumeristas sub Christianism◠latitantes exerceri solet Grotius Antiqu Reip. Bat. c. 6. Paul Servita History of the Inquisition page 12. Their second Argument to prove that they are preingaged is grounded upon their Oathes Protestations Covenants Of which they affirm 1. Their contrariety to the Engagement 2. Their unremitted obligation In the entry to the answer of this Argument I cannot but observe that Non-scribers make the same use of the Oaths of Allegiance and Supremacy Protestation and Covenant which the Spaniards make of the Inquisition-Office which being at the first erected for the purging out of Jews and Moores professed enemies to Christianity is now used for the keeping out of all power of Christianity from coming amongst them so those Oaths and Obligations which were at first imposed to secure us against the enemies of our State and to discover Priests Jesuites and Cavaliers are now urged in the favour of a party who hath interwoven their interest so with that of the Romanists and Malignant Royalists that should they be observed with Non-scribers interpretation our Religion and Liberties are likely utterly to be subverted at lest-wise we should be put into as dangerous contests for them as we have through Gods assistance waded through in our late commotions Should we grant them that those former Engagements are opposite to the Engagement which well may be denied in the proof of which negative some of late have worthily travelled yet it will not thence follow that the Engagement is unlawful if it may be made appear that the obligation of them is ceased Non-scribers confess Plea c. page 52. that an Oath may be rendred void 1. By the revocation of a Superior having lawful power in the matter of the Oath The lawfulness of the superiority of the Peoples Representatives over the King c. hath been proved and if they had power over the Powers to whom the Oath is made so that they might lawfully divest them of their power they had power over allegiance the matter of the Oath Neither is this power of theirs over the matter of the Oaths weakened by any thing that Non-scribers say For 1. Notwithstanding the Oath of Supremacy acknowledges the King to be supreme Governour yet the Parliament and Kingdom are the supreme power paramount to him saith Mr. Prinne He was the supreme executioner of publick justice had a supreme executive power but not a supreme legislative power Soveraign Power of Parliaments part 1. pag◠104.105 that still was retained by the Representatives of the people To this we may adde what Mr. Prinne saith that the supremacy given to the King relates to the Popes and forraign Princes Authority formerly usurped not to Parliaments and their jurisdiction with whom Mr. Rutherford well agrees who scaning how the King is called supreme saith he is
War quite to shake off the Moabitish yoak Would such as Non-scibers cease to abuse the Parliaments lenity and the Peoples credulity we should lesse fear civil commotions and for forraign enemies blessed be God he hath delivered us and we hope will yet deliver Lastly Non-scribers say the people are wronged Plea c. P. 33. because the force Bond and security of all the Laws are changed by this change To this I say That the Laws are the peoples Laws they chuse them they make them their representatives are the supreme Magistrates who have the supreme Authority to make and confirm a Law and as long as the people want not these the security of the Laws can never fail but their security is so much the more provided for by how much any power that pretends interest in the making or confirming of a Law besides the Representers of the people is curbed So that the Peoples Laws are more secure now being out of danger of being hindred in their making by a royall advisera or in their execution by protections against Law flowing from an unlimited prerogative And whereas Non-scribers say that the Parliament hath violated the Legal and most foundational property of their Superiors I would have them know that the people of England represented in Parliament have no superiors under God which is a truth of such force as drew from King James himself a confession that he was no other then the great Servant of the Common-wealth Plea c. p. 34. The punishment against such as engage not which Non scribers urge to prove that the security of Law is loosed is no other then the Rational practice of all our Law-Courts viz To deny them the benefit of the Law who deny the jurisdiction of the Court And they deny the jurisdiction of all Courts which is but derivative who deny the Supreme power of the Com-monwealth of England which is in respect of other Courts Original and fountain power Plea c. pag. 35 36. I have thus done with their first Argument which militated 't is Non-scibers paedantique word against the Engagement abstractly considered I shall come now to a view of their second ground which concerns them they say as English men As â—â—eâ— say they are pre-ingaged and in regard of precedent obligations it would be perfidie another of their Elegancies to engage in this Their engagements are two-fold as Subjects as sworn under that relation Their first argument in pursuance of this second reason is this If the tye of Subjects to Magistrates is upon us in relation to an Authority and Government which cannot be said to be a Common-wealth without a King and house of Lords then we cannot engage but such a tie is upon us Ergo. I deny the Minor there is no such tie upon them or any English man The power to which they say they were obliged was not a power consisting of three coordinate estates as they suppose but of a Polity or Common-wealth the University of the people being represented by their chosen delegates in whom all Majesty and supreme power of the Commen-wealth resided the King an honorary Servant of the Common-wealth to see its Laws put in execution and the Lords as Judges appointed to judge between the Common-wealth and King When the Commons say that the fundamental Government consists in the King Plea page 37. Lords and Commons fundamental is to be taken in its largest sence and we must distinguish between what is properly what is ascititiously fundamental That a people inhabiting together in one Land be a Common-wealth having all power to themselves for self-preservation and are to be governed by whom themselves shall chuse is natural and properly fundamental that they set a King to execute their Edicts and Lords to judge him in case of miscarriage is voluntary and improperly fundamental If therefore the Representatives of the people by the peoples fountain-power which they neither can or do give up to any King or Lord do take away the King and Lords to whom the people cannot be given up irrevocably the King and Lords so taken away are no more a power have no more Authority Let us now hearken how they prove that this authority of the King and Lords remaines for that the House of Commons is still a legal representative of the people hath been proved already and I shall avoid repetitions as far as following Non-scribers in their wild goose chace will give me leave They say Plea c. p. 38. The only wayes of dissolving Government appliable to the occasion are either that it must be done by some Act of those in power to do it or by forcible and violent ejection That what was done was done by unjust violence I deny that it was done by them who had lawfull power to do it I affirm Nonscribers strive to prove that they which did it for they confesse acts of repeal to have been made were not qualified with power to do it by two Medium's 1. Because they never had such power committed to them nor did any of their capaci y ever exercise such a power To this I confidently reply that the Representatives of a Nation In all Nations that have had the happinesse to enjoy such have a power to depose their Tyrannicall Magistrates by what name or title soever they be called Proof of which may be seen at large in Junius Brutus De illarum sanctionum genere quae mutationibus temporum non sunt obnoxiae sed in primo generis humani natu in mentes hominum incisae sunt mutuo propé omnium gentium consensu comprobatae unà cum rerum natura irrefragabiles sempiternae perennent ipsaeque nullius imperiis obnoxia omnibus dominentur imperent Bucan Rerum Scotic lib. 20. and the Author of the Treatise De jure Magistratus in subditos and that by a Law which is of kind to those sanctions which are not obnoxious to the changes of times but were at the beginning of mankinde ingraven upon the minds of men and approved by the mutual consent of all Nations and together with nature it self are irrefragable and eternall ruling over all subject to none I borrow the expression of some honourable Scotch Lords Ambassadour to Queen Elizabeth in justification of their ejection of Mary Grandmother to our late Tyrant And for their ignorance of any such principle in Scripture it argues their carelesse search of it There they might find Israel using their native liberty in deposing Samuel and setting up a King though Samuel was innocent and God himself was interessed As also the defection of Libnah one of the Priests Cities from under the hand of Jeboram because he had forsaken the Lord God of his Fathers and if one City for themselves may reject a King much more the representatives of a whole Nation 2. They say the legislative power was seated in three estates therefore the Abrogative The falshood of which