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A86921 The golden law and emperial principle, or, The universal monarch viz. the soveraignty of salus populi (not voluntas nor voluptas populi) over all powers and potentates whatsoever ... : besides many other usefuls, to rectify and so to satisfie the conscience scruples of all sorts about the high and disputable point of this time, as, who hath right to the government of our three countries ... Hunton, Samuel. 1656 (1656) Wing H3786A; ESTC R43645 60,737 104

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Princes or Governours of Nations or of any sort there is seldom knowledge of or respect to perfections but to partiality only for the passions and affections of love and hate fear and hope friendship or relation to so power force or fraud and an hundred by and particular ends as packt hir'd and faction'd thereto and not choiseness chose the chosen yet this is call'd free choice and the liberty of the People so magnifi'd and cry'd up but we must cry it down for down it is in nature though thus grac'd I say then that Licentiateness is not a liberty but the only bondage Were fitting Boundaries set for choosing to fetch in the Choice the wise worthy and able and keep out the worthless c. also to keep the so chosen within their said bounds that they extravagant not I allow then of such a Liberty else not But these useful Boundaries they would also cal Bindings and a loss of Liberty and Priviledges so it appears that their Freedom is only Licentiateness which is the only Bondage as afore and our Freedom is conducing Bindings c. now how we shal agree I know not seeing we thus disagree 52. Things thus considered shew me if you can the Man the Parliament King Prince or Power whatsoever so chosen in al particulars c. but I know you cannot however he is so chosen the highest Governour if the just and universal Sword be Supreme or highest as clearly shews his Right and quits him of Usurpation and enjoyns al sorts to obedience and al the Duties at Sect. 50. And that 's enough to make good our Assertion and yet the Desertless would desert him though thus asserted We have yet somthing also to say concerning the Lord Fairfax which seems to suit with this point Know then that when the said Lord Fairfax had the universal Militia or Power in his Power and that the Parliament and City bandyed against him and the Army to disband them and in conclusion rise in Arms to enforce it he held his Power for his own and his Souldiers Honours and Safety so for his Countries and finding himself in plight to put them to it did so and to make short came in like a Conquerour yet as conquered with Modesty and Mildness for what Lex talionis would have allowed him to do to such as would have undone him and also endangered the Nation to ruinous Division let Justice her self judge considering that both He and the Army had been most faithful and valiant in behalf of them and our Country But I take it that it was only the The Pulpits Incendiary I take it makes this good Presbyterial party of the Parliament so of the Clergy and City that incensed the people against him not for the common good sake but their own ends only as that the Presbyterie might Prelate it under the Notion of Priests and so crush all other Sects in Religion as call'd but themselves The name of Presbyterie is not offensive to me but their natures of Pride and Pretences which produce contention Rom. 14. so nor Reason allow not the sword but the sword of the Spirit and yet the sword also against Invaders of the Fundamentals so the Peoples peace c. the only Sect as out or against Religion if such a Regiment be against it and Righteousness in that point for it However it appeared that he was a Prince in just Power also used it Prince-like as defensively and not offensively also for just Self and Publike ends and this he might and so may any for its the end of Power so to do To wise eyes he was Roy in Right of Might and just Power if used as afore and the Parliament but his Vice-Roys and did act only on their bene gessere and his bene placitum or permission for what he then did he could always have done and might on our premisses else not but support them rather as the end of just Power is both to support and suppress Wherein came he short in that little brunt of his Highness However he shewed by that Act what he might and would as he conceived conducing and as justly necessitated and so would my Excepter do if in their place Serpentinely save his head and his head his Country c. as the general or just particulars necessitate why else is' t a Power but for such ends For can any one in reason think that just power impowered for that end or however being in Nature Reason and Religion bound to right what they can the wronged whether Individuals or the Universal as did Moses in both who though not formally impowered yet having Power righted his individual wrong'd brother and next his Brethren the People and so may any with our cautions principles and premises else not Can then I say such Powers see themselves unjustly and inhumanly acted against for all their Humanities which rather cal for Gratitudes and Gratias instead of such ingratitude and yet like sensless Momes sit stil it cannot be Can they also see their Country neglected as not acted for as it ought or acted against as it ought not and like the sensless sit stil it cannot be However it ought not be Hints or memorandums but they may Moses-like without our Cautions act against such Actors yet not without our Cautions c. Subordinate Swords and Powers have their Superiors or the Supreme to awe and command them and enforce a rendition of their Powers but the Supreme is King in Nature and asks more then Grace to govern it and it s wel if any way governed For who shal say to the King Or any highest Power in point of Power what dost thou Capitulate not then oh thou naked Man petulantly and daringly with the Brandisht and Flaming Blade or Universal Sword or Power lest it sanguine it self in thy Sanguis but rather Serpent-like save thy Head so thy Feet yea thy whole Body by thy application to our application and addresment else al thy pretended courage and faithfulness to the cause are but foolish and vain-glorious follies as insensibleness wilfulness and stubbornness insteed of resolution and courage for c. To what end should a Venice glass malapertly justle it or contend with an Iron pot except in our way of Oratory of Reason and Humanity As spare me oh noble Sir I pray you for I am too weak and brittle to deal with you so chuse rather to Incumbe then try it out with such a Combahant Al Powers though unjust wil yet if they can Rule and not be Rul'd and that oft-times unjustly but if justly though unjust happy are the Rul'd But just Powers may according to justice and just necessities rule and over-rule Know then that just or unjust Powers though a little unjust are Just for God himself found folly in Heaven amongst his Angels c. The King himself was of our Judgement and we of his That to part with the Militia was to part
to ruine but what have we to do to binde others how then our Soraigne the Publike whom we are bound to unbinde But who shall judge of all is a main question 83. This hitherto hath been a troublesome and puzzling question and the Questionist applauds himself for wise learned knowing and able though a weakling if he can but pose his Adversary who might have posed him had he first asked the Question however both sides are Dilemma'd and stand postur'd like Lots Wife or as two silent Statues c. Now seeing none of our Magies either of Layicks or Levites Lawyers or Gospellers of any kinde name nature or degree I have heard them thus notion'd but never read any of them no not the occularly conspicuous Cardinals as call'd nor the notion'd sublime or Seraphick Doctor nor the Sentential Master have resolv'd this since the world was a world so that it still puzzleth all sorts it falls to the share of the poor and illiterate and therefore despicable Carpenters son to essay it and so to venture beyond his Ne plus ultra which he doth as so constrained Courteous Gentlemen and Readers both this and divers other things in this book with an awful remisness and a wary fear wherein if he err or fail so might so do the Cardinals and the Seraphicks aforesaid and in this they are errant in that they attempt not at all to give satisfaction also not sufficiently being Magies to quit dis-satisfaction We say then as followeth 1. Law and Lawyers are conclusive Judges of what is within the circuit and precinct of their Jurisdiction yet Appeals may be to Higher Courts or to the Chancery or to the highest Judge or Lord Chancellor at Sect. 3. 5 6. following and again for judgment on any of their judgements see Sect. 7. except taken out of their hands in season and referr'd c. 2. Arbytrators or any trusted or referr'd to though injudicious yea injurious are yet concluding Judges yet we may as at first judge of their judgement c. 3. The Parliament are concluding Judges when in being for the Publike and for particulars also if referr'd to but all may as at 6 7. on their judgements 4. Yet any who is impowered or hath power and will conducingly and savingly improve it as did Moses so according to our cautions is a Judge a Magistrate for the Publike good in opposition to any indangerings or too much sufferings by or from any and who shall Judge of this see Sect. 6 7. both for conclusive and inclusive judgings c. in short Power will be Judge concludingly but ought not abuse their power yet they may be judg'd on 5. The Parliament not being then the Highest publike Magistrate King or Protector as you please with their wise and faithful Councel if for the Publike are Judges conclusive so for Individuals if he please yet according to Law except referr'd to or if Law be Lawless as dubious or its Letter ridged against just necessity or right Reason he as highest Lord Chancellor with his wise Councel may catechise and chastise it and always accept its dubious acceptations with the humanest constructions for such is or should be Lawyers and Laws ayms and intentions for such are their pretensions c. 6. Just necessities private or publike allow any man yea a servant over his Master to turn Judge and Magistrate for the present if he will venture to put himself on the judgement of Law and its Issue or refer himself to those it concerns to suffer if he have offended here it concerns him or any one well to open and state their cause apparently in each particular and so refer and appeal or abide the Tryal and its issue or who hath power or might to act so ought state his case rightly and then appeal in point of Right as at 7th 7. Note all sorts may from all concluding Judges of what name nature kinde or degree soever they be appeal for judgement of their judgements so for any actions doings things sayings or censures judgements or opinions or disputes or controversies to any one or more or as we please or universally to all honest rational good wise and just men of judicious understandings to see how they will judge thereof though we should be concluded as afore and this is as much as can be had 8. Any one in their own concernments though injudicious is a conclusive Judge but any one as at 7. may judge of his judgement 9. But as more of the Publike are concern'd then the Publike Magistrate for the Publike and for Privates the Law c. as at Sect. 17. except they refer are Judges conclusive yet any may as at 7. 10. The Highest Judge who like Moses makes other Judges to present him and to supply his place as a Judge for he judges by them sure he is a conclusive Judge then as was Moses cause you cannot go higher then the highest and may if he please personally judge all yet as at 5. afore c. So will he also hear the advice of those Judges or Councellors and from all gather what 's uprightest and best the best he can c. and though in the integrity of his cause and proceedings he may like God at Sect. 89. appeal yet will he not if wise dispower himself till securd if then Thus we may hear and be heard and judge of one anothers judgements though not conclusively for the conclusive judgements are as afore Now if the highest Judges at Sect. 3. 5. 10. deal amiss with us I know no better way to do good on them safely and securely then as at Sect. 1 2 4. but if subordinates abuse us then to appeal to superiors or to the supreme as the Chancery or the Lord Chancelors at 3. 5. 10. afore c. and from thence to Sect. 7. According to the 8th a Master of a Family though his wife children and servants should have right on their sides in point of reason or the rationality of their judgements yet his reason and judgement or if you will call it his Will and pleasure in his own concernments and affairs as having right justice and equity on his side shall stand and conclude things for ordering and disposing thus if he build a house he may hear the judgements of the aforesaids or of any one and it may be they may be more rational then is he but they sute not with his mind will nor way so he will have it built to his own content and this is his right and due the like of any thing as one is self-ly or principally impowered and concerned and that Law checks not and if this Power were not there would be no end of things for disputes oppositions and reasonings also authority and propriety would be overthrown for if rational Right should carry it against righteousness as against the rights of dues justice and proprieties witty children and servants so divers others might somtimes rule and govern
for Individual or Particular sufferings Surely no it must not yet keep to our Cautions and take your course else keep at distance Said not David of Saul though his enemy yea and the enemy also of God and man as to the Priests aforesaid c. Weep and mourn O ye Daughters of Jerusalem Weep and mourn for Saul who cloth'd you with Scarlet and fed you with Nectar and Ambrosia milk and honey and deckt your ears with Pendants 2 Sam. 1. and your Apparel with all kindes of pleasing Beautifyings and amorously trimm'd your Tresses who also fought your Battels and foyl'd your enemies and lost himself to save you And for King David a better a more faithful or valianter King or Governour could not be to the Publike then was he As for Solomon his son though he opprest some parties of the People in the Building of his House at Millo c. yet the generality had such Peace and Plenty as St John's Jerusalem promiseth to her Citizens and Inhabitants for silver and gold rival'd it in number and weight with the stones in the street and in value with new Jerusalems twelve gates c. Must these be made away for those Must the Publike suffer for some Individual or particular sufferings Your judgements you wise and just men For the Peoples answering of Rehoboam or his reply to them it was not an unauthorised nor an inconsiderable party that perform'd it but was like our Parliament in nature so in their power and proceedings with and against the King for it was the act of the whole Kingdom whom they presented and by whom they were authorised who were in honour and honesty bound to second them and they did so Rehoboam also was not setled nor as yet accepted of the people who had thus reserved themselves till they had found out his reserves Heir to the Crown he was not and nothing had he done by way of merit and desert of a Scepter so he could not lay any just claim thereto and so they justly disclaim'd him having a likely power to do it without endangering their Country and well he deserv'd it that would so malapertly tell a whole Nation to their Teeth he having no right as afore to the Government but their good wils how he would serve them How could they do less having power then desert and dispower him so But had he been setled received and invested with the universal Militia or power so as it would have hazarded the Nations ruine sure the people would as did David connive at Joab and say The sons of Zerviah are too hard for me so is the King for us So He was but young in his Kingdom as not yet established Saul as wisely held his peace when some of the people scornfully said How shall this man save us also they brought him no presents Thus Saul and David kept to our cautions else might they have been cauteriz'd c. And though the Prophets reproved some of their Kings and Governours c. yet was it not in publike as on a Theater or Scaffold viz. in their publike Pulpits which are confluenc'd with people as is Cheapside cross or the Exchange and there malapertly daringly and contemptuously clamour and exclaim to an incensing the people and so to an endangering the publike but they perform'd it only 'twixt the King and themselves or if in publike yet respectively in private as not at their Exchange so nor in such insulting and incensing posture and language as afore All their Usurping Kings if you 'l have it so which were all but the afore Excepteds took upon them Moses-like almost both in Civil Ecclesiastical and Military affairs their Priests they made and unmade ad placitum the like of their Warriours of all sorts as you may read of Saul David and Solomon and the rest Saul when he see any one fit for the War took him to him and yet no endangering rebellion ensu'd thereon Yea Joshua Moses Minister or Servant equall'd his Master in Soveraignty of command though an Usurper by this Times Tenents as only invested by his Master Moses yet was he obey'd of all the Nobles Princes and Peers so of the Souldiery Priesthood and People of all sorts without endangering rebellion or irreverent and uncivil clamours gests or gestures Read his Book and you shall find this Servant this Usurper if an Usurper you l have him though we say otherwise as having the Peoples Necessities and Safety that chose him and authoris'd him rather then fail to assume to usurp and hold the Government of by and from his Master Moses only he ruling for the Peoples good welfare and safety and not for his own by ends of any nature in opposition to theirs did justly master it and rule over his masters the People yet servant like for their service as afore For Joshua ordered the Priesthood and Levites so all things else and that self-ly so that self doings if Well are well enough for the main is well-doing how is ceremonial to well or the thing it self Yet let Ceremonies be also observ'd if they may with safety and conveniency if not Circumcise them It s true Joshua came well fortifi'd and seconded with Miracles and Wonders for his reception equal in value and worth though not in multitude to his Master Moses under whom he was brought up as was his Master under the Egyptian Magies and no doubt Moses instructed him with wisdom and policy how to govern the people when he was gone as not daring to leave them to themselves But here wise Moses fay'ld in not providing Joshua's but only a Joshua Some absolute certain way of safe Government c. Let the siege of Ai and Jericho so his rivalling it with his master in dividing of Jordan's Rivers Red Sea-like with other Miracles that his Story or Book yeilds especially his mating him in fixing stationing the remote the immense the unbounded and unstay'd Sun in his impetuous hurry and swift career on his own Theater or Stage only with a God-like command as Sun stand thou still and stir not c. Witness for him that he mated as afore not only his Master but his Masters All the People also yet by servanting it to them all in his administrations and services of all sorts of humanities for their good their peace and welfares c. I am pos'd so positive it not How punisht he poor Achan for a theftless theft to see to For could Achan steal where he might kill Ah me yet it kill'd Achan and infinite Innocents enough did not our Principle forbid to have rebell'd it c. But a wise a wary a David and Saul-like connivance and complyance on any side where the sons of Zerviah are too hard prohibit such proceedings yet the depraved of our Clergie and wicked Laity make a profession of such Prate such Practise Lastly What did any of their aforesaid Kings or Governours afore-hand for their King-hoods Moses
excepted who performed beyond exception in their point of Redemption Be ingenious then oh you our Moses his adversaries and deny it if you can hath he not Moses-like declin'd all Egyptian pleasures blandishments and delights besides safety ease and rest and put himself on all sorts of hardships dangers and sufferings for his Brethrens sake Hath not his limbs life and liberty been engaged to disingage us Came he not seconded and fortifi'd with Miracles for this our time when miracles are miraculous as out of date Thus our Moses mated Moses respectively in miracles though not in multitude nor positively I am sure I have heard This That and the Other Victory hath been acknowledged miraculous and of a Divine Dye or the hand of God or a Deity seconding man take it which way you please its miraculous either for man himself to act so or for God to second a man so Now if Moses deliver his people with such hardships and sufferings each way will you not allow him to preserve himself and them when he hath done Which he cannot do but hazard both if he should deliver the Power out of his hand into theirs For how knows he how it will be handled He knows his own Power and Faithfulness an others he could not know But he knew well enough none was capable to that degree therefore he is necessitated to hold the Government from the whole Nation and all their Governours till he had tutor'd his servant Joshua for that purpose he also held it for their ends not his own except in part for his safety with theirs and it was a just and wise assumption and retention all things considered If you will say each one may pretend so I answer which answer may serve for all such allegations and sayings as for this they may so pretend and abuse with pretenses which I neither allow of nor can help but the Position as I have postured it is in self right though some do abuse with it Thus Moses was truly and justly their Lord As their Deliverer Protector at least yea their King in nature and point of Power though not of grace as wanting the beauty and glory of the Name King and some other ceremonials and perquisites necessary to opinion but not to judgement which saith that its Natures and not Names it s occults and not occulars entitle to the title King c. But some trecherous and politique pretending Cavaliers or Malignants would have Moses resigne up his Militia his Abishag or Mistris to Adonijah for it was only a Trust till delivered out of Pharaoh's hand as for future they were resolv'd to protect themselves or chuse their Protector But wise and wary Moses did see that this was but to dis-arm him and then arm themselves against him for when done he was undone For that now Royalists and all sorts of Malignants like the three seditious Princes with their complices companions would have call'd him to accompt for executing their King Pharaoh in the Red Sea and so un-kinging them for future others would have had a bout with him for changing their Laws and invading their Magna c. so for usurping the Government though all for the best c. Others for tampering with their Religion and bringing in a world of Novelties and so creating of Sects c. as they may please to notion them and all sorts for his inticing them out of Egypt their Canaan by his blandishments and flatteries of an Utopian Canaan for to them the Wilderness which was but the way to Canaan past for Canaan it self as being out of hopes and expectation by reason of their long their tedious and wearysome journey of ever meeting with any other being also tir'd with sufferings by the way amongst the rest the loss of their Egyptian Flesh-pots and choice sallads of all sorts troubled them so it was much better with them when they were under King Pharaoh or serv'd the Queen of Heaven though in Hell and sacrific'd to her then now as they are under their new sacrificer their earthly Monarch Moses whose Heaven to them is Hell So let Moses his intentions and endeavours be never so fair and good yet if accidentals cross he is crost for like weaklings they judge by accidental issues and not by ingenious grounds ends intentions and apparent endeavours c. Their oft murmuring against him as we have in part instanced makes good these to be their intentions on him could they with pretenses and arguments have argued him out of his Armor or to lay aside his lance But wise and wary Moses though Dove-like meek and milde he was and no Serpent yet had a Serpent and was himself Serpentine so would not be outed by arguments nor untruss to be truss'd up therefore held his power for his own and their good and safety and so improv'd it and abus'd it not for self ends Now whether the aforesaids suit with his Highness Actions Doings and Endeavours and his Usage by our seditious Korahs Dathans and Abirams in their exclamations censures and trecheries against Him ' cause of some crossing accidents and sufferings in our way to Canaan so in their intentions on his rendition of his power as only a Trust for that now they would trust to themselves and whether the intentions of those pretensions reach not to call him to an account for all As should Moses had he been so mopish I appeal and so do I whether they be not very good reasons in his Highness as in Moses to retain the Power had we no other reasons for his so doing but them But I add also that for his keeping the Power and Government with our cautions I see not but that God and his Highness are incorporated therein as I think I may make bold to say God and Samuel were so that to clamour except or clandestine it or to incense the people to faction or party it against him and so against their Country and themselves it s like those three seditious Gentlemen or Princes against Moses and so against God so now against our Moses as we have caution'd it is against God for we have prov'd him of God and so of Divine Ordination in his relation of right to the Government so that out one out both in that point And what are those that will out both God and man But c. Now le ts suppose that any King or Governour over us should which God forbid Solomon-like infinite it in Wives and Concubines or like Edward the fourth or King David abuse their Subjects wives and murder their husbands or Saul-like murder eighty and odd Priests at a bout yet none of these particulars justifie a rebellion to endanger our ruine nor to uncivil rude boorish and clownish clamors or impudent darings but only to reverend peaceable and quiet information for what Prince or Governour or men of Power and Place can bear such insolent dares and threatnings to their disgrace whereas men