doe otherwise for the use is left indifferent in respect not of the Magistrates but Subjects duty so that abuse doth not voyd authority when swerving from lawes is of divine constitution The obligation not to resist superiour powers receives not strength from mans justice nor is it weakned or made null by injustice Saul was Gods anoynted and Pilate had authority from Heaven notwithstanding the extreame abuse of it Had the Apostle meant as they endeavour to perswade the world considering what Governours the Christians then lived under he had laid downe a doctrine of rebellion whereas he labours to teach them patience Thus much in answer to their objections against what was delivered in the second Section I shall now examine their exceptions against what was assumed in the precedent Section The King of England hath Supreme power Exc. There is a mixture or coordination in the supremacy and the English Monarchy is compounded of three coordinate estates Answ I have shewed before that a mixt Monarchy is a contradiction and that by this name can only be meant a restrained and limited Monarchy that is that such a King though he have Supreme yet hath not absolute power By reason of this restraint from his owne grant and positive constitutions active obedience is not due to his illegall commands and by reason of his supreme power and sole right to make Warre and Peace passive obedience is necessary Monarchy compounded of three coordinate Estates in plaine English speaks this nonsense the power which one only hath is in three joyntly and equally The ground of this invention and so much fancyed coordination which our ancient Lawyers never dreamt of may be this If they meane by it that the consent of all three Estates I will not alter the new manner of expressing this government but only take notice by the way that heretofore the Parliament was taken for an Assembly of the King and the three Estates and that in all other Kingdomes likewise there are three States the Clergy the Nobility and the Commonalty distinct from the Head are equally required for transacting such businesses as the King hath obliged himselfe not to doe without them and that they have the right of a negative voice wee shall indulge to them the name of coordination to two purposes which are making new repealing old lawes and supplying the Kings necessities in such proportion as they shall think fitting These are great democraticall advantages but include no authority of making hostile resistance against their soveraign in case he should do contrary to the established laws These are still in force till abrogated by joynt consent and bind his conscience but he cannot be forced to put them in execution because he hath no superior in jurisdiction and he hath no equall in managing jus gladii the materiall sword which is necessary to distinguish their resistance from rebellion and give it the title of a just warre For except they can prove themselves not be His Subjects I am forced to tell them if they fight against him they are by the law of Nations and of this land worthily reputed Rebells and by divine law they are assured of damnation Thus therefore the two Houses or two Estates of Lords and Commons are not bound to submit their consent to the Kings command in matter of Subsidy or taking away any ancient Law if they conceive it disadvantageous to the Common-wealth Par in parem non habet imperium in those things in which they are equall as a rather and a sonne being joyned in commission in this sense let them be called coordinate Yet they are subject in all other things and therefore may not take up armes without his consent for this is destructive of their alleagiance If there be a Coordination in the supremacy that is if the King and Lords and Commons are joyntly the supreme governour the Correlatum is wanting none are left over whom they should Reigne wee should have a Kingdome without a Subject because all may challenge a share in soveraignty The Parliament not sitting they will not deny the supremacy to be solely in the King and certainly by calling His great Councell together he doth not empty himselfe of any regall power it were very strange our lawes should be guilty of such vanity to make a uselesse coordination for if His rivalls should make any attempts upon His Prerogatives He can legally dissolve them except when he hath past a particular grant for their continuance and then the enlargement of their time of setting doth not enlarge their power and after He hath dismist the Assembly as the right to doe so is unquestionable then He is Supreme againe none being left to stand in competition The cleare businesse is this all markes of supremacy are in the King nor is it any Argument of communicating His power that He restraines Himselfe from exercising some particular acts without consent of Parliament for it is by vertue of His owne grant that such after acts shall not be valid He hath not divided His legislative faculty but tyed Himselfe from using it except by the advice and consent of the Peeres and at the request of the Commons their rogation must precede His ratification I shewed this in the Roman Empire likewise and yet none fancyed an equality between Subjects and the King or Emperour was thereby introduced As the houtefeus of France argued from the denomination of Pares Franciae to make them equall with the King so our Incendiaries from Peeres and Comites to bring in a coordination whereas it is evident that Peeres referres not to the King but signifies as the Persian 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mentioned in Zenophon Subjects in the same ranke of honour and enjoying equall priviledges one is another And to make Comites is called by Lampridius in conubernium imperatoriae majestatis asciscere our lawyers derive them from having that speciall honour to be in comitatu regis Suetonius calls them comites peregrinationum expeditionumque Tiberii They were of three rankes under the Emperours Comites intra consistorium were the highest and in the nature of privy councellours but created by the Emperour the fountaine of all honour and so not similes altissimo equall to him though exalted above fellow Subjects The briefe is the frame of governement as it is established by our lawes clearely condemnes their undertakings and therefore they have laid such a foundation as will support the building For if they can but prove that Parliament men and those who are stirred up to fight against their Soveraigne are not the Kings Subjects they have acquitted them from being Rebells We have seene the ground worke and shall now take the superstructure into due consideration the whole fabrick is comprised in that exiome so frequently applied to justifie all illegall proceedings Coordinata se invicem supplent Coordinates ought mutually to supply each others failing that we may not suffer whether by necessary or voluntary defects and that
have small reason to challenge a priviledge of breaking all Lawes by vertue of that paramount Law populi salus when as their unwarrantable courses ventured on in order to the safety of the people doe manifestly conduce even the People being Judges and repenting their former folly to the poverty slavery and ruine of all It remaines I lay downe my promised conclusion of the whole that notwithstanding such a power of resistance as they or any others have yet openly pleaded for should be granted lawfull as when in their owne defence or when he that hath the highest authority and is bound by the Law of God and his owne promise or oath to administer justice equally after frequent representations of their grievances and most just complaints of their great sufferings affords no redresse yet this can be no justification of the present warre against the King nor acquit the Actors in it from being rebells Because this case is evidently not now The Armes taken up against the King were not as is pretended defensive nor in maintenance of any thing which the Subject can challenge as of right If we call to minde that unhappy time This warre offensive of the Subjects part when His Majesty forced to preserve himselfe by flying the City that he might be free at least by absence from the scornes and dangers of unreprehended I will not say encouraged tumults was immediately accused to have rebelled against himselfe At Kingston upon Thames and was furnished with an Army by Vote when he had not so much meanes left him as could honestly feed his family and it was Ordered that this formidable Hoast should be apprehended by the ordinary Ministers of justice in that County if our memories will but render a faithfull accompt of this contempt harder to be digested then the former popular fury wee may perceive their behaviour towards him was a sufficient confutution of their feares of him They told the people they were afraid of His power and yet answered their owne jealousies by shewing to the world they were able to take it from Him He was so farre from being in a condition to invade their rights He had not wherewith to defend His owne His inability to revenge indignities was so notorious they durst be even wanton in abusing Him When He wooed them in that gracious Message from Windsor His yeelding so much did but tempt them to use greater rigour Nothing would satisfie unlesse he would make their votes the measure of His obedience for what priviledge had they above private Counsellors if their advice should not sway with Him more then reason when He requested them onely to make knowne what was wanting to the Kingdomes happinesse and He would chearefully supply it they thinke it losse of time to represent particular defects but put him into such a way as will effect it to be guided in all things as they shall direct that is to let them manage His Royall power who knew better how to governe Because He will not submit to their blanke desires by confessing His Vote to be legally involved in their Orders nor resigne up that power which the law hath intrusted Him with and which cannot be separated from the Crowne without dissolution of this government and therfore He is obliged both in justice and honour to preserve it as the necessary meanes whereby He is inabled to protect His people Because I say He will still be King and not part with those Rights which God and the Law gives Him they will dispense with their duty of being Subjects and challenge a priviledge to take away those Rights which He will not when petitioned fairely deliver After this he retires to Yorke onely desirous to live safely and contented to suffer such an eclypse of glory till such time as the abused people should recover their understandings and these clouds should be dispelled by a cleare apprehension of His innocence and undeserved sufferings Thither the storme pursues Him His Rents are stopped that He might become a burthen to the Northerne people and that they might be tempted to part with Him with as much cheerfulnesse as they would be rid of the poore of their County Commissioners were pickt out and sent amongst them to incense the lesse knowing and to awe the more honest party from receiving their naked Soveraigne into their protection The dangers they would incurre by their perverse loyalty are laid open They will certainely be Voted high Malignants and notorious Delinquents if they frustrate the pretended Parliaments injustice by their charity for to what purpose did they take his revenues from him if others should be allowed to give Him sufficient wherewith to cloth and feed Himselfe Though such order was taken by seizing His demaines He should not live amongst them as a King yet the sweetnesse of His private and familiar conversation with them made Him an extreamely popular Gentleman And therefore misdoubting a generall defection to obedience upon tryall of so great goodnesse which increased with their injuries and finding the people not able to conceale their love of His extraordinary virtues openly betraying an honest pity of their much wronged Master they thought it necessary to give law to their feares by usurping His power and exercising it in their oppression whom unwary respect towards their Soveraigne had made suspected for loyall Subjects Accordingly all His Arms and those of the Kingdome besides least the people should prevent their own wrongs by a timely revenge of His are seized on they possesse themselves of His Forts Castles Townes and Navy After such unparalell'd usurpations Regall power being invaded by private hands a small Guard of honest York-shire gentlemen attend the King for His Personall safety not knowing where their injuries would stop for the bonds of law being once shaken off their power to oppresse or ruine was as unbounded as their will by the same justice He was kept out of Hull they might have kept him in what Village what House what Prison they pleased This Guard of a much smaller number then they had kept together many Moneths was scornfully Voted an Army and Commissions are illegally issued out to raise Forces to suppresse this second Warre made by the King upon Himselfe The publique motive was feare of violence intended by His Majesty the private encouragement to lesse forward Souldiers was the Kings inability to make the least opposition An Army is levyed against Him upon publique pretence of His strength and perswaded to march against Him upon their private assurance of His weaknesse Thousands are listed not to fight but travell and are promised to know nothing of warre besides the wages but to injoy the security and delights of a progresse After all this to prevent effusion of bloud and these visible calamities which the wild ambition of a few men hath pull'd upon their unhappy countrey He twice sues for Peace in those most gracious Messages from Nottingham with offer of such large
which States are setled overthrowne if the people be made Judges of their safety and allowed to use any meanes which they fancy conducing thereto without any consideration of the ground-workes Populi salus suprema lex is the Engine by which the upper roomes are torne from the foundation and seated upon fancy onely like Castles in the aire For the safety of the people is really built upon governement and this destroyed the other non jam aedes sed cumulus erit will be soone swallowed in the common confusion but this is evidently and demonstrably ruined by these principles For government is an effect not of a people 's divided naturall powers but as they are united and made one by civill constitution so that when we call it supreame power we impose an improper name and have given occasion for mistakes yet I shall not endeavour to alter the common use of speaking but onely to prevent a misunderstanding of it because indeed this power is simply one and when it doth expresse it selfe by one person or more according to different formes who yet are but severall parts of one governour there is not left in the Kingdome or Common-wealth any civill that is any legall power which can appeare in resistance because all of them have bound their naturall hands by a politique agreement Hence it followes those that will allow any power to Subjects against their ruler let it be Liberty to resist those in whom the Law places jus gladis the right of the sword destructive to the very nature of governement one man or many united by one common forme which is the consent of the major part and this is not capable of division do thereby dissolve the sinewes of government by which they were compacted into one and which made a multitude a people and so breake the Common-wealth into as many peices as they have set up opposers against it For there cannot be two powers and yet the Kingdome remaine one This is that which distinguishes Francs and England and Spaine from one another because they have three powers legally distinct and are the same in relation each to other as three particular men meeting in some wildernesse and considered as not having agreed to any Lawes of Society I am fully perswaded no sober man can imagine the policy of this State is so defective as to open a necessary way to its owne ruine that is to divide the Kingdome legally in it selfe and therefore it must necessarily be granted those that take up armes being not authorized so to do by law are guilty of rebellion and the consequences of it murder and rapine It is very easy to determine whom the Law hath armed with power because not any part of the people not the two Houses but the King alone is sworne to protect us which is an evident argument he is enabled to effect this end and that the necessary meanes to compasse it which is the posse regni is at his disposall By these generalls throughly digested and rightly applied we shall be able to rule particular decisions I shall desire one thing especially may be remembred as which hath great influence upon all cases Though what is truly the right of any one doth not cease to be so naturally by anothers sentence to the contrary yet after positive constitutions upon a Judges decision he can challenge no title to it because by his owne deed and consent he passeth it away in that judiciary determination And equity and prudence both dictate that it was a most honest and reasonable agreement as conducing to publique peace and the quiet of mankind that persons publikely constituted and more unconcerned in the decisions should put an end to all debates Because otherwise the controversie was not likely to be ended but with one of the parties For each man out of naturall favour the strongest corruptive of judgement inclining to his owne Interest there was nothing left but force to determine it There cannot be a more unhappy administration of Justice then when strength is made the measure of right and when all Iudges are bribed as passing sentence to their owne advantage §. 1. THe following Section shall be spent in proving the proposition by which the consciences of all Subjects must be directed It is unlawfull to resist him or them in whom the supreame authority that is all the legall power of the Kingdome is placed and no dispensation grounded upon what persons soever as inferiour Magistrates or upon any cause as the extreame abuse of this power to their oppression can excuse such resistance from the sin of rebellion Upon this pillar not onely monarchy stands firme but all other governements are equally supported the generall reason being applicable according to the difference in severall formes In the third Section I will bring the case home to our selves by proving this assumption The King of England hath this supreame power and then I shall leave it to every mans conscience to inferre the conclusion therefore it is unlawfull to make resistance against their Soveraigne In the fourth Section I will answer all the evasions how plausibly soever founded which I could meete with in the severall writings of those men who though they strike at the King downe right and more immediately yet by plaine and evident cousequences they destroy all civill society By way of conclusion I will shew though such a power of resistance as they or any others have yet openly pleaded for should be granted lawfull as when in their owne defence or when he that hath the highest authority and is bound by the law of God and his owne oath to administer justice equally yet after frequent representations of their grievances and most just Complaints of their great sufferings affords no redresse yet this can be no justification of the present warre against the King nor acquit the Actors in it from being rebels Because this case is evidently not now as will appeare after a view taken of the causas of this unnaturall and illegall division The proposition to be proved is It is unlawfull to resist him or them in whom the supreame authority that is all the legall power of the Kingdome in order to raise armes is placed and no dispensation grounded upon what persons soever as inferiour magistrates or upon any cause as the extreame abuse of this power to their oppression can excuse such resistance from the sin of Rebellion I make no question every man will apprehend that by resistance here Differences betweene not obeying against law and hostile resistance to a lawfull Soveraigne is meant only hostile opposition and not a refusall to put unjust commands measured by divine or humane laws in execution for the truth is if they are or seeme repugnant to Gods law for then they are so really in respect of those who have that apprehension idem est esse apparere in this case of good and bad because whatsoever is not of
place him It is high time to make particular application of the former discourse concerning the originall of government and by a distinct state of it to give light to all which followes Non est potestas nisi à Deo True state of government in generall with application to that of this Kingdome saith the Apostle Rom. 13. There is no power but of God that is the right by which the Magistrate governes and all the jurisdiction he exercises is derived from divine ordinance This may be conveyed either immediately as amongst the Jewes when God designed the person which now no State will pretend or else mediante populi consensâ—… the consent of the people intervening and this two wayes either by a free election upon hopes from his extraordinary goodnesse or by conquest attended with a voluntary submission upon feares from his extraordinary power that he may be willing to protect who was able to injure whether of these motives presented the person is not certaine in the first times but it is cleare their Empire was absolute I exclude not the bounds of justice according to the Lawes of right reason and equity usually knowne by the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in which arbitria principum pro legibus erant Though this continued long in the world and the Easterne people enjoyed a great measure of happinesse under it and therefore with great reason to use the expression of Tacitus addictè admodum regnabantur they were subject most devoutly yet the sense of some sufferings as the fate of humane things is interwoven with a mixture of good and evill suggested a remedy which was to bound his power within the limits of positive Lawes From hence proceeded the different qualifications of Regall power in severall Kingdomes Some though restrained by Lawes yet were truly Monarchs 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being not responsable for any breaches as supreame though not absolute others had the name and title of Kings only but were subject to a superiour jurisdiction as Theseus to the people the Spartan Kings to the Ephori It is not necessary to determine that question whether the frequent debates about the not observation and the breaches of these agreements which a discontented part of the people challenging the liberty of being Judges in this case and the King thinking he had as much right did produce civill warres and most unnaturall distractions have not heretofore and will probably hereafter make States more unhappy then they were even in their worst times and when they suffer'd most under the abuses of one mans power whilest there was though sometimes an unjust yet alwayes a certaine way of ending controversies when a sentence if it did not finde yet made a right and res judicata pro veritate accipiebatur To decide this I say is not altogether necessary because the obligations which lye both on King and people have their strength from this not that he might better governe the people in such or such a way but because this particular government is established by the consent of both parties their wills give the forme to the regiment and not the conveniences of it To come nearer home and grant as much as reasonable men and those which understand the nature of government can require For I thinke they doe ill service to the cause though with good affections who out of a desire to make it more firme and stronger place it upon any other then the naturall foundation and that which is onely fit to support it and take the rights which God gave to the Kings of Judah for the measure of all regall authority which if they were all Kings would have equall power but this evidently varyes according to different Lawes and is more or lesse according to severall constitutions That which is pleaded for in this discourse as common to them and our Kings is onely jus regni the right of Monarchy not to be accomptable to any inferiour jurisdiction I shall not deny a Kingdome may be so constituted but then it is no Monarchy that upon a reall breach of such or such conditions named in the compact and a forfeiture being expressed the sword of Justice may be taken up by some Magistrates appointed by law as the Ephori amongst the Lacedaemonians or by the people as at Rome when the last appeale did legally lye unto them for it did not alwayes as when a Dictator was created he was the whole people for six moneths and though the time of his reigne was limited his power was not bounded he was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 accomptable to none for what he did in his regency no not when a private man again and so under the Emperours as appeares by the Lex Regia quoted by Vlpian which transferred all the peoples power upon him L. quod D. de constit prin A mistake upon this hath seduced so many of the Kings Subjects into Rebellion For because it is made appeare a State may be so established and they are induced to beleeve it is more reasonable it should be so established upon these premises they conclude most inconsequently that our State is so established and in the strength of this fight against His Majestie and did their best to kill Him contrary to Gods ordinance applyed to our civill constitutions and repugnant to their owne oath in which they swore to be loyall in reference to His Person and that they would defend His life with their utmost power That a Kingdome may be so established a considering man will not gainsay If the State of Venice should call their Duke King this new name would not convey any new power into him Election or succession cannot rule the case for an elective Kingdome may be conferred absolutely as will appeare in the Roman Empire and a successive may be subject to forfeiture if this be exprest in the Covenant For succession is not a new title to more right but a legall continuance of what was first gotten 2. That it is more reasonable so to establish a Kingdome that the Prince shall be accomptable to a higher power either placed in some Magistrates or in the people and then by the way it is not a Monarchy but either an Aristocracy or a popular State though this be very false yet if it were true it cannot justifie this warre now undertaken as things are ordered in this Land against the King Because Policy is no dispensation against observing knowne Lawes and we may not destroy our Governours out of reason of State Machiavell must not give Law to the Gospell If we might challenge such liberty there were not such a thing as Justice our oaths would be of no force against Interest profit should be the measure of our actions and we must conclude all right what ever was advantageous Since then not such persons as they could better fancy but those onely whom the Law hath consided in and enabled to that end can put Armes into the
are truly transferred and now really in Him is very evident because else we should be bound to obey our Fathers commands before those of the King For divine precept stands in full force Honour thy Father c. and therefore we musts confesse tam pater nemo est in terris he that begot us is not so much our Father as the King is It may be fit to take notice here that the supreme power of a State hath by our particular deeds and common agreement as much right over not single persons onely but the whole body as every Father had over not this or that child onely but his whole family and as he cannot be said though major singulis natis yet totâ prole minor so neither a King if this power be placed in one which is essentiall to a Monarchy minor universis Though a Monarch hath greater right and larger power then even all the people could bestow upon him for he hath potestatem vitae necis He hath power of a higher nature from Gods grant and this Fathers have not now over their children over themselves it can only come from him who hath dominion over his creatures and therfore the people must looke upon him not only as their owne but as Gods representative yet to say nothing of this and to deale liberally with our adversaries by supposing though I cannot grant their principles true concerning the originall of power being in the people I can demonstrably convince them by most plaine and evident deductions from their owne scheame I tooke this method in my Answer to the Observations that by joyning issue upon their owne grounds I might put a quicker end to the debate It would have required more time to shew at large The Kings power was from God which was proved in briefe and there as is this discourse it is acknowledged to be restrained by His own or His Progenitors grants potest enim Rex vim regni minuere and so of much higher nature then the contribution of popular Votes could raise it to it was aboundantly sufficient to prove that the people have not any legall power against the King The former is built upon this pillar nemo dat quod non habet the power of the Magistrate was not in the people considered severally and before civill society and in such a State as the Aborigenes are described by Salust genus hominum agreste sine legibus sine imperio liberum atque solutum a multitude not a nation and certaine wild routs without Laws without Empire free to doe or suffer wrong and loose from all positive obligations Not any one having jus gladii a right to take away the life of man it followes they could not bestow it upon another for what is not cannot be alienated And therefore the supreame Magistrate hath more power then the whole people and is vice Deus Gods vicegerent Let them take heed how they call Gods minister the peoples Servant God hath taken especiall care the Magistrate should be honoured and respect is due as to his not their creature The latter that the people have not any legall power against the King is as firmely supported by another pillar nemo habet quod dedit Suppose the originall of power in the people or as they love to speake suppose them the efficient cause of power which cannot be but by giving to one man in a Monarchy to a Senate in an Aristocracy a right to use their divided strengths Since therefore they cannot retaine what they have parted with nor have what they gave away he which hath all their power I may adde his owne particular besides must needs be greater and more powerfull then they The truth is he is in a Monarchy and they are in an Aristocracy the only fountaine of all power and justice Answer to the Observat pag. 10. This is as certaine as that there are some governments besides Democracy for it is essentiall to them what is that which makes Anarchy except this that every man hath right to doe what he will Demonstration from the difference of formes of Regiment in reference to any nationall Law The only meanes to avoyd this confusion is to resigne up this hurtfull liberty which is very prudently done upon choice but necessarily upon conquest if it be given to one wee call that State Monarchy if to few wee call it Optimacy if to very many who rule by turnes and are elected by the people wee call it Democracy There cannot be any other ground to difference the formes of Regiment Hence appeares the weaknesse of those discourses which have no other strength then the impossibility that the people can make one greater and more powerfull then all they which is understood not of their naturall this cannot be past away to another but politique strength that is the right of using their power this may be and is parted with except the Governement be a Democracy because Quicquid efficit tale est magis tale The reply to the Answer to the Observations confesses my argument concluding if it were true that the people had parted with their power pag. 6. upon this the determination of the whole controversie depends and that it was rightly stated by me will evidently appeare because unlesse the people have resigned up their power the Author can never shew how this State is a Monarchy It doth not alter the case that the King hath restrained himselfe from the use of this power to some purposes without their consent as for making new lawes or raising money for this limitation only makes such acts illegall but doth not returne any power into them whereby they may be inabled to raise an Army or to oppose the Militia of the Kingdome against him to compell him by strong hand to governe according to law If the subject of this power be the people who may meet together and lawfully determine for though he resolve all into the two Houses yet if he follow the consequences of his owne principle he must goe thus high what they fancy conducing to their own safety wee are cleerly falne back into Anarchy To avoid this confusion the Author places it in their representatives but it will come to the same thing by undenyable deductions from his owne grounds For the same arguments which are made against the King equally conclude against the two Houses since Quicquid efficit tale Arguments brought against the King conclude as much for the people against the Parliament est magis tale and that they are intrusted for the common good may be equally applyed to them and then King and Lords and Commons are Voted away at the pleasure of the multitude The summe of his Book is that the people retain their power and therefore may make resistance in case he governe not according to law and he is responsable for such breaches The proofe is He is intrusted for their good and there is a mutuall covenant
an unheard of co-ordination such as creates Regnum in Regno and rents this Country into distinct Kingdomes shall be refuted Since what is called mixt Monarchy cannot give such a right as is pleaded for that Subjects should be free to wage warre against their Prince because this liberty makes two independent States which are not compatible in one body but would be as really distinct Kingdomes in England as Spaine and France are I will endeavour to declare the true meaning thereof If we speake properly there cannot be such a thing as mixtum Imperium a mixt Monarchy or mixt Aristocracy or mixt Democracy Because if there are divers supreame powers it is no longer one State If the supreame power be but one that is that authority unto which Le dernier ressort de la justice the last appeale must be made and against whose sentence though unjust we have not any legall remedy this must be placed either in one man who is the fountaine of all jurisdiction and then it is a Monarchicall government or in some Nobles and then the Regiment is Aristocraticall and the sentence of the major part of them becomes Law to all effects whether concerning our goods or lives or if the civill constitutions of a State direct us to appeale to the people this is an absolute and true Democracy By a mixt Monarchy therefore not to quarrell about words nothing but this can reasonably be understood that it is not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wherein the will of the Prince publiquely made knowne gives the Law Quodcunque Principi placet legis habet vigorem but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a government not arbitrary but restrained by positive constitutions wherein a Prince hath limited himselfe by promise or oath not to exercise full power This grant is of force because any man may either totally resigne or diminish his rights by Covenant Hence it is that in Monarchies all Kings have supreame power though they have not all the same jura Regalia their prerogatives are larger or narrower according to their particular grants For example our Kings have retained to themselves the rights of coyning money making great officers bestowing honours as Dukedomes Baronies Knighthoods c. pardoning all offences against the Crowne making warre and peace sending Ambassadors to negotiate with forraigne States c. and they have restrained themselves from the use of that power which makes new Lawes and repeales old without the consent of the Lords and Commons in Parliament as likewise from raising money upon the Subject without their consent Some doe aske How are we the better if we must suffer him to breake this Covenant as oft as he pleases it is the same thing not to have any Lawes and not to have provision for the observance of them First Difference betweene arbitrary rule and government restrained by Law notwithstanding hostile resistance unlawfull though in case of violation I must tell you this objection is answered by shewing there is a necessity that some body must be trusted It is no discretion to prevent a possible mischiefe by probable inconveniences if you will not trust one you must trust more that is if you are weary of Monarchy under which your fore-fathers enjoyed happy times and experience cannot cozen you though arguments may you know the way to cast it off by placing so many guardians over your Prince but have you any greater assurance then before Quis custodiet ipsos custodes They have as great temptations to faile their trust as he had and it is likely being warned by such a president of deserting your naturall Prince they may feare your inconstancy and upon pretence that you are subject to mistake and because they suspect you may be willing they will take such order you shall not be able to call them to an accompt But suppose this may not be and that those who suppresse Tyrants or perhaps excellent Kings under that name may not be frighted with their owne example to make use of their present power to exercise a greater tyranny for it is not impossible they should grow jealous too and tell you plainly they have no reason to trust you If you deny them money here is ground of diffidence your designe is to expose them to poverty so to contempt so to ruine But suppose I say nothing of this but that they will be secure amidst your jealousies which manifestly endanger their safety yet you will be forced at last to trust the giddy multitude who are alwayes weary of the present government because there are still some unavoidable defects and these are discerned by sense and they have not such depth of understanding as to foresee greater mischiefes which can onely be judged of by reason and therefore are easily perswaded to attempt a change so that your peace is built upon a very weake foundation you have no better security against a civill warre then that the greater part of the people will be discreet If things prosper not according to their wishes crafty men perswade them the fault lyes in those who have the managery of the publique and if these be not removed and honest and wise men meaning themselves put in their places their miseries will daily grow upon them A generall accusation of ill affected malignant persons wicked Counsellors is cause sufficient to out their supposed enemies of all preferments and put their pretended friends in their roomes This opens a gap to all confusion civill warre and most unnaturall distractions are the certaine issue of it Our owne lamentable experience confirmes this sad truth After you had obtained a perfect confirmation of all your ancient rights and liberties with a gracious enlargement of them by new grants and with such security as your fore-fathers were not acquainted with you are frighted with the possibility of a relapse To prevent which it was thought fit to take away the Kings power with which our Lawes had invested him as the necessary meanes for our protection because it was not impossible he might use it for our oppression Accordingly the Kings Navy His Forts Magazines and the Armes of the Kingdome are put into such as you would call safe hands I doe not aske with what conscience but with what judgement you did this The want of prudence was as great as that of honesty what hath beene the successe of confiding in those whom the Lawes had not intrusted are not your sufferings infinitely multiplyed are you not extreamely sicke of your remedy The tables are quite turned and your friends have undertaken the same bad game and play it much worse you onely make the stakes and are in a probable way to loose all that you have What one thing did you complaine of which is not exceeded by them your grievances are highly improved Magna Charta and the Petition of Right are now malignant they speake not the sense of the House but take part with the King To quote our
this licence was never allowed to women so fathers might abdicate their children not they their fathers women cannot unmarry nor the people unsubject themselves If any shall mistake with the disciples if the case be so it is good not to marry it is good to live without a King they ought to consider that God is wiser then they and best knowes how to order things for the good of mankind That I may if it be possible undeceave the misled multitude I shall grant if a people choose one man and bestow the name of King upon him yet if they retaine the supreame power in themselves and expresse it by making a law that in case he shall do such and such things he shall forfeit his right to governe then it is very lawfull to depose him upon breach of such conditions For then this state is a Democracy and the legall power is in the people Such a case is very possible for if the royall line in any Kingdome should faile there want one descended from his loynes to sit upon the throan then as a woman after the death of her husband is free to marry to whom she will in the Lord so the people may make what government they please they may call one King and place their Ephori or Demarchi and tribunes over him It is not materiall that this is not so wise a government for it is not prudence but such a consent not the understanding but the will of the people that constitutes the forme In such a state hostile resistance against him though called King may be a just warre because the law enables them to fight and the Prince may be a rebell and Traytour Let them prove that England is no monarchy that they are not bound to beare true alleagiance by a necessary obligation flowing from the civill constitutions of this realme that they may lawfully kill him whose life they have sworne to defend with their utmost power let them produce any law which gives power to English Subjects to traine array muster without the Kings authority that I may not say against his expresse command and to the end they may destroy him when they have done this and confuted their oathes of supremacy and fealty and made it appeare to the world they were forsworne I will cease to preesse them with that of St Paul you must needs be subject not only for wrath but also for conscience I will then direct my speech to the King and indeavour to perswade him to submit to the People under whom he governs But since they doe not so much as pretend any law but justify their Rebellion only by that word fatal to this Kingdome necessity and lay downe a Principall sit to disturbe the peace of all nations that when dangers threaten lawes must give place to discretion and the subjects birthright liberty and property must be sacrificed to a few ambitious mens ragioni di stato I thinke I am bound in charity to admonish them in what a desperate condition they are Those who resist shall receave to themselves damnation All that they gaine by mannaging the ruine of their Country will not countervaile the losse of their soules I remember the saying of the Prophet The prudent shall keepe silence in that time for it is an evill time Amos. 5. 13. But I value not safety in comparison of honest though weake endeavours to do service to the publike Some state it thus elective Kingdomes are subject to forfeiture but not successive These men give but small satisfaction because they build upon a very unsound foundation For succession is no inlargement of right but only a continuance of that which the first had elective Kingdomes are not forfeitable except there be some expresse law which places a power in the people to rule their King and governe their governour It is plaine the Roman Emperors though chosen were absolute and successive Kingdomes if there be any such expresse law are forfeitable it is as plaine the Spartan Kings who were haereditary might be legally deposed in some cases The unlawfulnesse of hostile resistance against the King of England is supported by a surer foundation viz. the knowne Lawes of this Realme strengthned by divine ordinance the necessity of our allegiance is demonstrable from the fundamentall Lawes of this Kingdome I shall onely desire my readers to consider the nature of this government and they must evidently discerne to fight against the King is Treason and Rebellion I will lay downe nothing but what sober men shall have as little reason to doubt of as to beleeve that the King was despis'd and scorn'd in order to be made glorious and that they endeavoured to kill him in order to his preservation So at Edge-hill but before they were more cruell and reserved for him something worse then death to live under their command Instrumentum servitutis haberent Regem they would make him the unhappy instrument to raise them to honours in the ruine of his good Subjects The Duke of Normandy invaded England with a potent Army and made himselfe King what our Lawes were under the Danes or Saxons by whom wee were likewise conquered doth not much concerne us to examine no more indeed then it doth to know the ancient Brittish Lawes and Priviledges which were taken away by them and the true owners were beaten out of their rightfull possessions and inheritances for he inverted the Government altered the Lawes disposed of Possessions to his Norman followers whose bloud runnes in the veines of our most ancient Gentry and made all as well English as his native Subjects feudaries to him so that he remained Directus dominus Lord Paramont or overlord in the whole Land that we may make no scruple of this truth the Lawes given us by him and which we are to live by now are written in his language However we state his entrance whither by the sword or to avoid the envy of that title by a voluntary submission of all to him as to their Soveraigne the conclusion cannot vary because the duty of non-resistance arises from their owne act they taking an oath to be his true and loyall Subjects It is objected If he came in by force he may be turned out by the same title De jure he cannot in this case Quod fieri non debuit factum valet for though conquest be a name of greater strength onely and be not it selfe a right yet it is the mother of it Because when the people are in their power for feare oâ— harder usage they passe their consent to be his faithfull Subjects and to be peaceably governed by such Lawes as he shall or hath given them This subsequent Act gives him a full right to the Crowne To speak to the present case he for his owne security and because it was the necessary meanes to enable him to protect his Subjects retaines the right to dispose the Militia of the Kingdome which continued in his Successours
the observations pag. 17. and again pag. 18. in answer to the 24. Hen. 8. cap. 12. The King is supreme head unto whom a body politique compact of all sorts and degrees of people are bounden and owe next to God a naturall humble obedience wee must not understand this that the body politique doth owe obedience but that the severall sorts and degrees of people of which this body is compacted and made that they doe owe obedience for to take it otherwise were to make an absurd and impossible construction c. If every particular man performe his duty of alleagiance as he stands obliged by oath let him oppose his met a phisicall body to the King even as he pleases If the body politique have not sworne allegiance or supremacy because it is a body only in consideration of law that hath neither life or motion like other invidualls p. 17. and for the same reason doth not owe homage and obedience p. 18. How is it capable of rebelling against the Head for it cannot fight but by the hands of particular men and all these are tyed up by divine law and their owne oathes 3. They acknowledge themselves his subjects as united in Parliament and if they should deny it they could not challenge any benefit from his royall protection 4. The lawes intrust him not the Houses to protect us 5. The Houses represent only subjects opposed to the King who is their superiour by humane and consequently divine law both as their naturall King and as Gods anoynted his representative 6. There is a great difference between the reall and representative all for though it were true as it is not that he were lesse then the whole people yet this would not bring the conclusion home to the Houses Who are the people only to such purposes as the law nominates viz. for consenting to Lawes or Taxes upon the Subject To all other purposes wherein Regall power is not expresly limited the King is the whole people and what he doth is legally their Act. Aristotle tells us of some Kings that had as full right over their whole realme as a popular state can have over it selfe and all things belonging thereto 3. pol. 14. To such an one that of the Tragaedian is truely and properly applyed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 You are the whole City the whole Common-wealth and therefore not responsable for any actions This shewes the falsehood of their principles Quicquid efficit tale est magis tale and constituens est major constituto c. for though they meane to make advantage of them only in this Kingdome yet they conclude against the possibility of making any King absolute which reason and experience have clearely confused For a people if conquered their lives and all they have being then in the hand of the victor or if in feare to be swallowed up by a more potent enemy they may and often have very prudently consented to place all the legall power of the Kingdome in one man that he may thereby be enabled to protect them and where the legislative power is unrestrained there the rule is absolute To apply this doctrine In those things wherein the King of England is not absolute as in the exercise of his legislative power and raising money without consent The Houses together with him represent the people but in such matters wherein he is absolute that is wherein he is not restrained by lawes which are but limitations of Regall power there he is Populus Anglicanus legally the English Nation For example sake I will instance in the power of making Warre and Peace if any take up Armes by vertue of any other then his Commission they oppose not the King alone but the King and People as People is to be understood in law for their hands are tyed up and all their legall strength is in the Kings disposall Let us examine their Argument The whole people are above their King therefore the Houses because they represent them The Antecedent I have shewed false because the whole people are but such a number of Subjects who can have no colour of pretence to be above him whom God and the law hath placed over them The consequence is as infirme and the reason of it fallacious for if representatives might challenge all rights appertaining to the persons by them represented then a Jury shall be concluded as honourable as the House of Commons and then too because the Emperour of Germany may challenge of the King of France or England not superiority for they are as supreame and independent Princes as he is but praecedence an honour due to the antiquity of the Empire for nations as well as persons injoy the benefit of primo geniture his ambassadours also might sit above those Kings which the Court of honour guided by the law of nations and reason would pronounce very absurd Againe they represent the people only to some purposes to make warre is none of them The King alone can declare the peoples mind in this case they have no legall way of expressing themselves but in his Commissions and therefore the warre is not betweene King and People but so many particular persons exceeding the trust committed to them against the duty of allegiance oppose both King and People It is very remarkeable that in the begining of these unhappy contrivances some multitudes appearing in tumultuous wayes what ever they desired or did was called the Act of the People providing for their own safety But after the sense of miseries had bettered their understandings to make them discerne this unnaturall warre was not like to improve the meanes of preservation many of them make a Covenant to live peaceably and honestly amongst themselves so in Yorkeshire long since and lately between Cornwall and Devonshire and now the Houses interpose and will not permit the people who were stirred up and encouraged to raise a warre against law to make a peace according to law let them trouble the waters as much as they please they shall be borne out in it but they must not thinke of setling them till they have done fishing This would be a breach of Priviledge The People are now forced to defend themselves and their goods violently taken from them for their security who might soone be happy againe if their friends would be lesse carefull of their safety It is well knowne who began to appeale to the People withall my heart if law must be suspended let them arbitrate the differences The certaine way to know their judgement and whom they apprehend to be a reall defender of what both pretend our lawes and propertie and liberty and the established religion is to cease plundering of both sides and leave them to their naturall inclination That side which confesses it cannot subsist without using violence and oppression and forcing their estates from them acknowledges that the people whom they pretend to fight for is clearly against them and they
ignorance drawing out of broken cisterns the seditious writings of the Roman and the Reformed Jesuites and transcribing one another and so are taught and reach to despise dominion and speake evill of those things which they know not §. 3. I Make no question the proposition is now evident that the supreme power in any State let it be where it will somewhere it must be for else it were an Anarchy and no government ought not to be resisted This makes rebellion sin as transgressing divine and humane lawes In the next place for the perfect direction of conscience Most necessary to know the subject of Supremacy wee must examine in whom the supreme power is placed a mistake in this is as dangerous as an errour in the former For as zeale which is not according to knowledge is impiety for though it have the heat it hath not the light which is required to true devotion so the most scrupulous obedience is but humble rebellion if it be misplaced and yielded to fellow Subjects against him who hath jus regnandi the right to command them Thus in an Aristocracy to aide one man against the Senate is Treason against the State and in a Monarchy because the constitution is different and places the supreme power in one to aide the Senate of which that one is the head and opposed to him they are but a livelesse trunk in order to those things to which his influence is necessary Fortescue warrants the expression sine capite communitas non corporatur against the Monarch and supreame Ruler is rebellion and treason against the State The Assumption therefore shall be The King of ENGLAND hath this supreame power when this is proved the conscience must take law from this necessary Inference therefore it is unlawfull for Subjects to hold up armes against the King of England Because as it is an absurdity in speculation so it is sinne in practice to deny the conclusion there they offend against Logique here against Religion also For whatsoever is not of faith that is not of judgment whatsoever wee doe against our owne reason and the light of conscience is transgression The matter of this discourse is of high concernment For as things now stand on it hang Heaven or Hell our salvation or eternall damnation If the King be the highest power you are bound to submit to him but if you have new Soveraignes if your fellow Subjects are become the Lords anoynted there may be some colour of justification Except this be proved you are altogether inexcusable as appeares in the last Section and therfore it will behoove you to hearken to Solomons advice My sonne feare thou the Lord and the King and meddle not with them that are given to change For their calamity shall rise sodainely Prov. 24. 21. 22. Certainely unconcerned men will thinke I have undertaken no very difficult taske The Kings Supremacy witnessed by out Oath If I can but perswade the Kings adversaries they have not forsworne themselves I shall recover them to due obedience but I must tell them if they were not perjur'd in taking the Oath of Supremacy not to mention now that of Alleagiance they are so in breaking it The words are so expresse that not any colourable glosse can be invented to excuse the violation of this solemne Sacrament I A. B. doe utterly testifie and declare in my conscience that the Kings highnesse is the only supreame Governour of this Realme and of all other His Highnesse Dominions and Countries as well in all Spirituall or Ecclesiasticall things or causes as Temporall c. I d◠promise that from henceforth I shall beare faith and true allegiance to the Kings Highnesse His Heires and lawfull Successours and to my power shall assist and defend all jurisdictions priviledges preheminences and authorities granted or belonging to the Kings Highnesse His Heires and Successours or united and annexed to the Imperiall Crowne of this Realme So helpe me God and by the Contents of this Booke It hath beene replyed That this Oath is taken in opposition to the Pope to exclude the Supremacy usurped by him for many yeares They speake truth but not all the truth for there are two parts in it One negative by which wee professe that not any forraigne State or Potentate nor the Pope hath this power The other positive by which the Subject of this power is specified The Kings Highnesse is the onely supreame Governour of this Realme as in all Spirituall things and causes so likewise Temporall Both Ecclesiasticall and Civill supremacy are here asserted to be in the King It was not thought sufficient to tell who was not Supreme but they declare also who was When we had truly sworne the Pope out of this Kingdome what necessity was there to make the people perjur'd for certainely they forsweare themselves who solemnely testifie and declare in their conscience That the Kings highnesse is the onely supreme Governour if the meaning of those words be onely this that the Pope is not It concernes us as highly as our Soules are worth reddere juramentum domino to performe unto the Lord our Oath and not to lift up those hands against the King which were layd upon the holy Gospell in witnesse of our submission to him as the onely supreme Governour What desperate malice is it to expose our Soules to every Musket shot if wee fall we perish eternally This sad contemplation that wee stand on the very brinke of Hell ready to be turned into the Lake of everlasting woes by every sword every bullet will smite our hearts and make our armes feeble in the day of battaile what confusion amazement and horrour of conscience must needs seize upon all considering men Think upon the heinousnesse of parricide to murther a Father is a sin greater then any one is able to beare But to spill the bloud of our Soveraigne which they have done who fought against him for it is murderin Gods sight his goodnesse in protecting his servant doth not excuse their sin in endeavouring to destroy their King whom God commands not to touch and whose life we have sworn to defend with the utmost hazard of our owne and we have desired the Lord to revenge it in our destruction if we doe otherwise is of a much deeper dye For the King is Pater patriae a common Father to all without a Metaphor what ever power Fathers had over and consequently whatsoever honour as an effect of this power was due to them from their children he hath right to challenge the same of all And though we should joyne together King hath paternall powers from consent of the people and call our selves the Common-wealth we can no more lawfully dis-respect give law to resist upon hard usage or say he is lesse honourable then all we then children by agreement may dispense with their duty to their parents It was our owne act which united all particular paternall powers in Him and that these
betweene King and people and this violated by him dissolves the compact I have in this discourse punctually examined these and what farther grounds of scruples I could finde in the replyer as will appeare more fully in the following Section Being to answer so many I would not trespasse upon the Readers patience by an exact view of his particular mistakes which might have beene confuted with great ease but with no great advantage to the cause to which I have spoken more closely and as fully as I was able I will discover to him one desperate consequence from his principle which it concernes him to blush and repent for There is a mutuall Covenant betweene King and People and the breach of it dissolves the compact if so his Crowne is forfeited and he ceases to be King de jure upon such violation which he is now charged with because they could not have any colour for taking up Armes but upon this pretence Therefore the plaine conclusion is it is no want of duty in them though they depose him for it is no injury to take away what he can challenge no right to his claime was by vertue of compact which is dissolved by his not standing to conditions and so the bargaine is unmade the bonds of allegiance are broken asunder The Houses have laboured to cleare themselves from this wicked doctrine by telling us the deposition of the second Edward and Richard was not to be numbered amongst the presidents of Parliament and that no free Parliament ever attempted the like and yet a private man dares publish such manifest Treason I am perswaded that the Author supposing a breach of covenant of His Majesties part and then telling us such a breach dissolves the compact was not fully apprehensive that this pernitious principle unkings his Soveraigne When he sees his treasonable errour he will finde that Logick ill managed is a more dangerous weapon then a sword in the hands of mad men To returne to further proofes of the Kings supremacy Kings supremacy further proved That which makes a State one is the union of supreame power and this according as it is placed in one or more persons gives denomination to the forme so that all those Acts of Parliament which confesse this a Monarchy are so many solid testimonies of the Kings supremacy The Answer is Though this be demonstrably true in an absolute Empire yet it concludes not in a mixt Monarchy I am very confident a mistake of this mixt Monarchy hath engaged many well-meaning men against the King to the overthrow of our Lawes which the simpler part are perswaded they fight for Honestâ voluntate rebelles sunt there are some who contribute their forces to destroy this Kingdome in behalfe of the Common-wealth The true meaning of that which is called a mixt Monarchy and they are so farre deceived as to be made unhappy instruments to advance private interests with publique hearts And therefore it will be necessary to discover their errour by which their unfortunate Country hath suffer'd as much as by the saults of others They have not any shadow of excuse to countenance their Rebellion from this distinction unlesse mixt Monarchy doe signifie either that the people in their diffusive body or by their representatives have a greater or at least an equall power with the King The reason of which is because inferiours by the acknowledgement of all have not any jurisdiction over superiours and equalls though they have not imperium right to governe yet if injur'd and they require satisfaction and upon denyall of it attempt to compasse it by force they are esteemed by the Law of Reason and Nations just enemies whereas Subjects if they make warre upon their Soveraigne though when wronged are worthily accompted Rebels First the diffusive body of the people hath not greater nay not equall power with the King because they have not any legall way of expressing themselves Our Lawes determine it Treason to enter into any association or raise a Warre without the Kings consent and much more against his expresse commands Secondly the representative body hath not greater nor equall power with the King The same argument overthrowes their claime for the people cannot authorize them to doe beyond what themselves were enabled to therefore if actions of this nature were unwarrantable in the diffusive body they are so in the representative Representative Body is not the People to all purposes It may be not unfit to observe that the representative body is the people onely to some ends and purposes whereto they were intrusted by them according to Law and therefore no illegall ordinances such as all those are which the King denyes to ratifie ought to be called the Acts of the people They are no more concerned in it then if they should take upon them contrary to Law to stampe and coyne money with the inscription of Senatis populúsque Anglicanus or to send Ambassadors or denounce warre against or enter into a League of friendship with forreigne Princes or bestow the great offices of State or dispose of Wardships or take to themselves a power to raise Armes without His Majesties consent Againe because they represent the people but to some purposes onely though their principles were firme as they are extreamely weake that the King is lesse then His Subjects conjunctim and that they collectively are more honourable then He c. yet they bring not the conclusion home to the two Houses Because it doth not appeare and they had no reason to take it for granted that the two Houses which they call the Parliament are the people in this consideration A Jury is the representative people as experience teaches and we may finde it in Sir Thomas Smith l. 2. c. 26. The legall answer to that interrogatory How will you be tryed is Dei populique judicio by God and my Country and the Clerke of the Sizes replyes Ecce tibi hi probi viri populum repraesentant and the Sophistry would be easily discovered if we should argue they are therefore more honourable then the King We may take notice also that their arguments are onely capable of concluding for the House of Commons and if they follow the necessary consequences of them they must maintaine the Lower is above the Upper House for the Lords sit onely in personall capacities being inabled thereto by the prudence of our Lawes which thought it reasonable they should have as great a share in the government as a negative voyce came to because they injoyed such ample revenues that they were likely not to agree to any thing prejudiciall to the present setled State I shall prove more fully in the next Section that those who represent Subjects and that but to some purposes and not the King to any for this would overthrow that fundamentall constitution of three distinct Estates cannot be equall to much lesse above their Soveraigne And that groundlesse invention which denyes subordination and introduces
Members and the Head cannot thrive by a consumption of the Members Illegall gainings from the people are shifts rather then true policy they may serve a present turne yet are not worth the price at which they are purchased envy and discontents wheras the gratitude of the Subject is a constant and cheerefull patrimony When the King like the Sunne in consideration of what is drawne up from them shall returne it in plentifull showres and the blessings of a just government which makes a Land fruitfull Upon these grounds wee have very good reason to promise to our selves a happy government our hopes are much above our feares especially after his greater experience of the unfortunate consequences of some miscarriages and the strange blessings upon his strict observation of the certaine and knowne Lawes They that require fuller information in the nature of this government may finde ample satisfaction in Stawnford Dyer Crompton and Sir Edward Coke That the King is the fountain of all justice and consequently that the Lawes have placed the supreame power in the Crowne I have chosen rather to shew it out of Bracton a man worthily famous for his knowledge in the Civill and Common Law because the booke is lesse common and I finde his authority often abused to justifie their cause Sciendum quòd ipse dominus Rex qui ordinariam habet jurisdictionem dignitatem potestatem super omnes qui in regno suo sunt Kings Supremacy proved out of Bracton habet enim omnia jura in manu sua quae ad coronam laicalem pertinent potestatem materialem gladium qui pertinet ad regni gubernaculum Habet etiam justitiam judicium quae sunt jurisdictiones ut ex jurisdictione suâ sicut Dei minister Vicarius tribuat unicuique quod suum fuerit Habet enim ea quae sunt pacis ut populus sibi traditus in pace sileat quiescat ne quis alterum verberet vulneret vel male tractet ne quis alienam rem per vim roberiam auferat vel asportet ne quis hominem mahemiet vel occidat Habet etiam coercionem ut delinquentes puniat coerceat Item habet in potestate suâ leges constitutiones assisas in regno suo provisas approbatas juratas ipse in propriâ personâ suâ observet subditis suis faciat observari nihil enim prodest jura condere nisi sit qui juratueatur Habet igitur Rex hujusmodi jura sive jurisdictiones in manu suâ lib. 2. cap. 24. § 1. And againe ea quae jurisdictionis sunt pacis ea quae sunt justitiae paci annexa ad nullum pertinent nisi ad coronam dignitatem regiam nec à corona separari poterunt cùm faciant ipsam coronam The english of it in briefe is this The King hath supreame power in all civill causes and is super omnes over all persons over the body politique all jurisdictions are in him the materiall sword of right belongs to him and whatsoever conduces to peace that the people committed to his charge may lead peaceable and quiet lives The power of holding Assizes is derived from him and of punishing delinquents For Laws were vainly enacted if there were not some body enabled to protect us by defending them c. These conclusions are naturally deduced from his premises To dispose the Militia of the Kingdome without the consent of the Soveraigne and much more against his expresse prohibition is illegall To issue Commissions by any other authority then his for killing and slaying or taking mens estates by force is against the known Lawes and to forbid the holding of Assizes upon whatever pretence of advancing the Subjects property by stopping the course of Justice is destructive of the rights both of King and Subjects He defines the Sword lib. 1. cap. 8. § 4. lest Subjects should thinke it lawfull to take it up in their owne defence without his authority significat defensionem regni patriae it is the right to defend the Kingdome Populi salus the safety of the people the pretence of which hath ingaged them in a likely way of ruine cannot dispense with our Lawes which have enabled onely him to protect them It is not possible to speake more home then he hath done in the fifth Paragraph Omnis quidem sub rege ipse sub nullo nisi tantùm sub Deo Parem autem non habet in regno suo quia sic amitteret praeceptum cum par in parem non habeat imperium Item nec multo fortiùs superiorem nec potentiorem habere debet quia sic esset inferior sibi subjectis inferiores pares esse non possunt potentioribus Ipse autem Rex non debet esse sub homine sed sub Deo sub lege quia lex facit regem All are under the King and the King is under God only He hath no equall in his Realme no coordination here because then he could not command all for amongst equalls there can be no Empire Therefore much lesse are any his superiours or can challenge greater power because then he would be under his Subjects c. The King ought not to be under man He is under God and the Law because the Law makes him King The last words though advantage be made of them and Fortescue is quoted to the same purpose can afford no just ground of scruple for he explaines himself within a few lines Lex facit regem signifies no more then that of the Roman Emperours Adeò de autoritate juris nostra pendet autoritas l. digna c. de legib The meaning may be extended thus farre That the people had a hand in the conveyance of their divided rights into him and he may now challenge them by vertue of their owne agreement and by divine right also but as presupposing this consent because God doth not immediately dispose of Kingdomes now and conquest signifies greater force not juster title that oft times gives possession and a subsequent compact creates a true right I doe not deny but that conquest in some cases may be a lawfull way of acquisition the provocation may be so great that persons and estates are forfeited to the victor but because the will is not capable of being forced it doth not follow he hath got a right over their goods and bodies therefore they are His Subjects and owe to him obedience For to be subject being a morall bond where God doth not lay upon us any obligation as the duty of children towards their Parents doth not depend upon choice it can only flow from our consent But this consent of the people was not an adequate cause but a necessary qualification to make him capable of receiving a larger commission from God The Sword of Justice is blunt the peoples agreement could not put an edge upon it to cut off offenders this is done by the Magistrate as Gods delegate That the
bloudy villaines by whose hands the two French Henries fell might have made the same plea for their execrable murders If they had not come in their way which they might have avoyded by locking themselves up or by some other meanes they had not beene killed by them But he implies a desire and beseeching him not to be there but to withdraw himselfe If the King had as full right to be there as in any other place within his Kingdome they may with the same reason justify the murder of him if he will not be intreated to keepe such company only as they shall allot to him or to leave his Court or creepe into an oven The Author extreamely contradicts this duty before professed in the name of all of flying or passive obedience and layes downe a most desperate conclusion which dissolves all governement and makes Anarchy legall Upon suppossall that Parliaments taken in the onely true sense for King and Lords and Commons should degenerate and grow tyrannicall I confesse sayes he the condition of such a State would be very dangerous and like to come to confusion particular men could not helpe themselves and the whole State marke how he fancies a whole State when opposed to King and Lords and all the Commons representatively what can this State be but such a number of particular men who he saith cannot helpe themselves ought to suffer much before it should helpe it selfe by any wayes of resisting but if you can suppose a Parliament so farre to degenerate as they should all conspire together all in Law are the major part of both Houses with the Royall assent with the King to destroy the Kingdome how unreasonably he expresses a supposall of being wonne to satisfie private Interests by making prejudiciall lawes to the Subject in generall let him translate the scene into Ireland and he may thinke the supposition very possible and to possesse the lands and riches of the Kingdome themselves not all but in an unequitable proportion in this case whether a law of nature would not allow of standing up to defend our selves yea to reassume the power given to them this is a cleare confession they parted with their power to discharge them of that power they had and set up some other I leave to the light of nature to judge Object But you will say this cannot be because the higher powers must not be resisted by any Answ This is not properly to resist the power but to discharge the power to set the power elsewhere They daily improve their principles and now professe plainely what understanding men did before collect from their grounds that it is lawfull not onely to depose a King but even the Parliament He is very apprehensive he hath spoken out and it is very strange the Committee should order this doctrine to be published I know sayes he this will be cryed out of as of dangerous consequence wherefore God deliver us as I hope he will for ever making use of such a principle pag. 133 134. They confesse generally they are bound to defend the Kings person and if they should say otherwise we have their oathes and solemne protestations against their words witnesse the 23 day of October which may require an Annuall gratitude for the great deliverance both of Church and State in the preservation of His Majesty whether they did according to the information of their owne consciences All the answer I can meete with carries this sense which I will expresse in Mr Burroughes his words As for the Kings person is it not the profession of the Parliament to defend it pag. 112. and againe why doth the Doctor speake of stretching forth the hand against the Lords Anointed who endeavours it doth not the Parliament professe the defence of the Kings person pag 120. Hence it appeares they know their duty the question is whether they performed it who directed their Canon more especially against His sacred Majesty which they cannot esteeme an accidentall thing who are not ignorant of that treacherous advertisement which Blague gave in to the Earle of Essex in what part of the battell the King and Prince were that they might at one blow cut off our present happinesse and future hopes I desire onely that their eares would not hang in their eyes and that men would not beleeve authority against sense I shall onely say most miserable is he who condemneth himselfe in that thing which he allowes and practises Exc. Tyrant is opposed to King and they are incompatible Answ If they understand tyrant under this notion as an usurper this is very true but nothing pertinent for there is not any just scruple but those may be turned out by force according to law who come in by force against Law as in the case of Athalia destroyed by Jehoiada whereby Joas◠who had true title was established in the throne But if they meane as they doe if they would conclude for themselves a King having right to governe and proving a wicked or weake Prince it is false that this Tyrannus cum titulo the Lords Anointed though he abuse that power for Chrisma domini this holy oyle onely excludes usurpation and includes a just title onely and not either the Orthodox religion or goodnesse or prudence is opposed simply to a King but to a just or wise King As therefore his right to the Crowne is not founded in his divine or morall vertues but in a lawfull succession so neither can contrary vices dispense with any to depose him or lift up their armes against him This will be evident if we consider what kinde of Prince he was to whom Saint Paul writing to the Romans forbad resistance for conscience sake It was Nero in whom very happily this position might be inforced to the height and yet all their exceptions are determined invalid Notwithstanding his Idolatry his oppressing his Subjects by strange cruelties and persecuting the Saints Quae divisa tyrannum Efficiunt collecta tenens Yet the Apostle commands not to resist even him upon paine of damnation Our or rather Saint Pauls adversaries seeme to object durus hic sermo this is a hard saying The Law of Nature allowes selfe preservation the people made Nero Emperour by their consent for usurpation can give no right and therefore are more powerfull then he for Quicquid efficit tale est magis tale The people may be without the Emperour the Emperour cannot be without the people It is not probable the safety of mankinde should depend upon the lust of one man c. I shall answer with the Civilian who teacheth us to obey and not dispute even humane constitutions Quod quidem perquà m durum est sed ita lex scripta est L. prospexit D. qui à quib It was Gods pleasure so to order humane affaires Such Christian submission doth most commonly produce peace and plenty in our streets and is the mother of many goods but if the abuse of power should bring
himselfe with this objection and first he tells us he is confident Tertullian did not speake the truth when he imputes their patience to the power of godlinesse which prohibited resistance and not their want of force to withstand He might as easily have given the lye to Cyprian to the Ecclesiasticall writers who relate the story of the Theban Legion and aquaint us that the greatest part of Julians Army against the Persians consisted of Christians But supposing as he had good reason this bold denyall would not give satisfaction it not being likely his credit should goe farther then the records and evidences out of Holy Fathers and Church story after severall fruitlesse essayes to solve it he pitches at last upon this That honest liberty was hid from them for some speciall ends which since God hath revealed to this latter age and therefore he gave to them an extraordinary spirit of patience and courage which is inconvenient for these dayes wherein God hath afforded a more plentifull light and shewes us our liberty and that there is no necessity of being Martyrs It is now the wickeds turne to suffer I will set downe his words at large for they are so strange sober men might doubt the faith of a relater Certaine it is That the frame and tenor of Gods after dispensations did require that such a liberty should be hid from them or at least that they should not make use of it as on the contrary the nature and purport of those dispensations which God hath now in hand requires that this liberty should be manifested and made known unto Christians We know that according to the counsell and foreknowledge of God Antichrist was then to come into the world as now wee know that he is about to be destroyed and cast out of the world Now this is a generall rule looke what truthes were necessary to be shut up and concealed from the Churches of Christ that Antichrist might passe by and get up into his throne the discovery and letting out of the same into the world are necessary for his pulling downe c. But God causing a dead sleep as it were to fall upon those truthes which should in speciall manner have opposed him he had the opportunity without much contradiction or noyse to steale and convey himselfe into that cathedram pestilentiae that chaire of Papall state which yet he possesseth Now amongst many other truths which were of necessity to be layd a sleep for the passing of this beast unto his great power and authority and for the maintaining and safeguarding of him in the possession hereof this is one of speciall consideration That Christians may lawfully in a lawfull way stand up to defend themselves in case they be able against any unlawfull assaults by what assailants or by what pretended authority soever made upon them For had this opinion beene timeously enough and substantially taught in the Church it would certainly have caused an abortion in Antichrists birth and so have disappoynted the Devill of his first borne Had not the spirits and judgments and consciences of men beene as it were cowed and marvailousâ—y imbased and kept under and so prepared for Antichrists lure by doctrines and tenents excessively advancing the power of superiors over inferiors and binding Iron yokes and heavy burdens upon those that were in subjection doubtlesse they would never have bowed downe their backs so low as to let such a beast over them they would never have resigned up their judgments and consciences into the hands of such a spirituall Tyrant as he So that you see there was a speciall necessity for the letting of Antichrist into the world yea and for the continuance of him in his throane that no such opinion as this which wee speake of whether truth or untruth should be taught and beleeved I meane which vindicateth and maintaineth the just rights and liberties and priviledges of those that live under authority and subjection unto others Whereas now on the contrary that time of Gods preordination and purpose for the downefall of Antichrist drawing neere there is a kind of necessity that those truths which have slept for many yeares should now be awakened and particularly that God should reveale and discover unto his faithfull Ministers and other his servants the just bounds and limits of authority and power and consequently the just and full extent of the lawfull liberties of those that live in subjection Evident it is that they are the Commonalty of Christians I meane Christians of ordinary ranke and quality that shall be most active and have the principall hand in executing the judgments of God upon the Whore Consider that place Revel 18 4. 5 6. Now that this service shall be performed unto God by them Christians I meane of under ranke and quality contrary to the will desires or commands of those Kings and Princes under whom they live it appeares by that which immediately followes v. 9. pag. 30 31 32. The peremptory conclusion of all is that the lawfulnesse of Rebellion is now discovered to Gods Church as the necessary meanes to ruine Antichrist for the Kings will never be perswaded to effect this great and holy worke and therfore the People must Whereas the Text saith expresly That the ten Kings shall hate the Whore and shall make her desolate and naked and shall eate her flesh and burne her with fire For God hath put in their hearts to fulfill his will Revel 17. 16 17. Least the people should be frighted by this as they justly ought from making rebellious attemps against lawfull authority because that in Gods good time will arme them and fight joyntly the Lords battaile against the Beast he labours to remove this scruple I conceive saith he this is not meant of the persons of Kings but of their States and Kingdomes id est of the generality of the people under them Master Goodwin pag. 32. The Kings shall hate the Beast that is the people shall hate their Kings and religiously rebell against them in order to the destruction of Antichrist The same Doctrine is delivered by Master Burroughs There is a necessity that in these times peoples consciences should be further satisfied in their liberties then formerly because the time is wee hope at hand for the pulling downe of Antichrist and wee find by Scripture this worke at first will be by the people Revel 18. pag. 144. and for a close pag. 145. Surely the right knowledge of these liberties God hath given the people will much helpe forward the great things God hath to doe in this latter age I must confesse my heart is filled with sorrow when I consider how farre the reformed Religion is degenerated which can be no longer pure then it continues peaceable But alas it is become the mother and nurse of Rebellion it foments sedition and advances the rvine of States What a sad thing is it that factious Preachers should so farre bewitch the people by strong delusions as
to prevaile with them to neglect plaine duties of subjection and obedience upon the strength of obscure prophecyes whereas they ought to live according to precept not predictions many of which shall not be fulfilled but by the sinnes of wicked men Blesse me O Lord from being an instrument to bring such thy workes to passe It is our onely safe way not to doe evill that good may come of it The Apostle forbids it and the reason may be this God hath no need of the sinfull man Why shouldst thou cease to be good for feare God else would not be true Babylon will certainly fall though wee walke uprightly to feare God and honour the King are no stops to the destruction of that man of sin After such fiery spirits have engaged the Kingdome into probable wayes of utter ruine and desolation after your hands have beene imbrued in the bloud of the ancient Nobility and you have miserably torne in pieces the brave and honest Gentry and exposed the seduced Commons to those fatall mischiefs which accompany the Sword Pestilence and Famine and the bleeding State shall at length grow wise and unite againe for the preservation if it be possible of the ruinous remainder rather out of a wearinesse of the insupportable calamityes of Warre then out of a Christian love which would have continued unto us the blessings of peace All the satisfaction which these false Prophets can give for the unspeakable mischiefes which they have pull'd upon their unhappy Countrey will be onely this We were mistaken in those places of Daniel and the Revelation The time it seemes is not yet come The Saints must still expect and Gods holy ones must waite and pray for a more happy opportunity to perfect the great worke by Rebellion Exc. There is a mutuall contract betweene King and Subjects and if He breake the Covenant He forfeites the benefits of this agreement and He not performing the duty of a King they are released from the duty of Subjects Answ The Jewes could have made this plea grounded in the nature of a Covenant the breach of which though instituted by God betweene King and People Deut. 17. was no dispensation for them to Rebell as was evidenced formerly The Kings of Persia though confessedly Supreme and not responsable to their subjects yet tooke an oath at their inauguration as Zenophon and Diodorus Siculus informe us and it was not lawfull for them to alter certaine lawes as appeares in Daniell neverthelesse their miscarriages in government did not dispence with their Subjects loyalty If a Father promise any thing to his children they have a full right to his performance but in case he prove dishonest he doth not thereby loose his right to governe them nor are they excused from their duty of honour and obedience So there is a contract betweene Husband and Wife the violation of which on the mans part doth not bereave him of his dominion over the woman I confesse a great obligation lyes upon Kings not only from their Oathes and promises and agreements but expressely from Gods law also to governe the people committed to their charge with justice and equity And if they abuse their power Gods punishment will be as high as their ingratitude The greatest temporall favour which God bestowes upon any single man is to make him his Vicegerent his immediate Deputy Christum suum his anoynted and the greatest blessing he hath given to mankind is government by which he hath provided for the common good of all Now if he turne this blessing into a curse if he who is set over a people to punish evill doers persecute those who doe well he must expect a fearefull judgment from the Almighty it is pathetically exprest in Wisdom 6. Heare therefore O yee Kings and understand learne yee that be Judges of the ends of the earth Give eare you that rule the people and glory in the multitude of nations For power is given you of the Lord and soveraignty from the highest who shall try your works and search out your counsels Because being ministers of his kingdomes you have not judged aright nor kept the law nor walked after the counsell of God Horribly and speedily shall be come upon you for a sharpe judgment shall be to them that are in high places For mercy will soone pardon the meanest but mighty men shall be mightily tormented For he which is Lord over all shall feare no mans person neither shall be stand in awe of any mans greatnesse for he hath made the small and the great and careth for all alike but a sore triall shall come upon the mighty Thus much is granted but to conclude from this obligation that a not performance induces a forfeiture of his crowne and that we may make hostile resitance against unjust commands is a very weake way of reasoning For consider with your selves is there not a mutuall duty betweene husband and wife parents and children Fathers must not provoke their children to wrath but bring them up in the nurture and admonition of the Lord Eph. 6. 4. Husbands should give honour to their wives a unto the weaker vessells 1 Pet 3. 7. Suppose some fathers prove froward some husbands unkind yet cannot their faults dispense with the duty of children and wives The King Vrbi pater est urbique maritus is both husband and father not to single persons but to the Commonwealth There are many resemblances in matrimony which will afford great light to the better understanding the duty of Subjects The consent of the woman makes such a man her husband so the consent of the people is now necessary to the making Kings for conquest is but a kind of ravishing which many times prepares the way to a wedding as the Sabine women chose rather to be wives then concubines and most people preferre the condition of Subjects though under hard lawes to that of slaves If we apply their arguments their Sophistry will clearely appeare For Quicquid efficâ—t tale est magis tale and constituens est major constituto bestowes upon women the breeches as well as the Crowne upon the people and unumquodque eadem potestate dissolvitur quâ constituitur gives the same licence to a woman to cast of the bonds of wedlock as to subjects those of subjection As in marriage so in monarchy there are two parties in the contract though without a mutuall agreement there could be no covenant yet after it is once made the dissent of the inferiour party let it be not upon fancyed but reall discontents cannot dissolve the compact Consent therefore joynd man and wife King and people but divine ordinance continues this union marriages and governments both are ratified in heaven Quae Deus conjunxit homo ne separet whom God hath joyned let not man put asunder They must take their King for better for worse It is very observable though it was permitted to the man in some cases to give a bill of divorce yet
even to this day though now violently invaded by Subjects through vertue of an Ordinance of which no times can afford a president and all Subjects of what condition soever were bound to doe homage and beare fealty to him which was inconsistent with taking up Armes against him That he might sweeten their subjection Quaedam jura pactis minuit he restraines his absolute right by compact bestows some liberties some priviledges upon the people who commonly nec totam servitutem pati possunt nec totam libertatem and these Acts of Grace he confirmes unto them by such security as should not endanger his person nor regall authority that is by promise and oath and not by giving to his Subjects legall power to un king him if he should not performe covenant knowing full well that though hee should not really breake it yet a pretence he did so might upon the first opportunity create a civill warre and therefore his Subjects had as little reason to accept as he to offer so pernitious security as would put both parties in farre worse condition for if Rebellion should be allowed in any case that case would be alwayes pretended and though the Prince were just and wise and religious yet ambitious men to compasse their owne ends would impute to him oppression weakenesse and that notwithstanding his exemplary practise in his publique devotions to the contrary he did but handsomely dissemble and favoured a false religion in his heart The method of that Rebellion in the reigne of Henry the third which made France extreamely miserable is very observable A factious party of the Nobility and Gentry a seditious party of the Clergy and an unfortunate party of the seduced Commonalty entred into a holy league against their lawfull Soveraigne upon pretence he was mis-led by evill Counsellors and favoured the reformed doctrine notwithstanding he was even superstitiously strict in his devotions in conformity to what the Roman Church enjoyned When potent Armies were raised ready to swallow him up yet out of a vehement desire to undeceive his people and to discover to the whole world the ungrounded malice of his adversaries in such unreasonable imputations he refused the honest assistance of faithfull Subjects because Protestants to his owne and their probable destruction Many of King Williams Successors did inlarge the Subjects Priviledges by divers Acts of Grace which they swore to maintaine but never gave them such security as should alter the nature of Monarchy by granting authority to their Subjects to force them to observe promises and to make satisfaction for true or fancyed violations Hence it appeares that the originall was conquest as it is of almost all the Kingdomes in the world which occasionally conveyed to him full right because they yeilded themselves and consequently what they had to the Victor the Lawes which he or after Princes made for the benefit of the Subject were severall limitations of this right and therefore where Lawes cannot be produced to the contrary there the Kings power is absolute and no speciall cases can be determined by the Subject to the Kings disadvantage The moderation of his power was by his owne compact which he could not violate without injustice yet the breach of it could not indanger his personall safety because he gave no jurisdiction to his Subjects to force him by strong hand to doe them right and if he had done so he had made himselfe in such cases their subject What ever we can claime as due now is by vertue of the Kings grant and therefore it is said by Hen. 3d in his ratification of the great Charter We have granted and given to all the free men of our Realme these liberties 9. H. 3. The whole Land was the Conquerours he gave part of it as a reward for their service to his Normans and other parts to the ancient Inhabitants and their heires after them yet so as he altered the tenure and made it descend with such burdens as he pleased to lay upon them They hold them but in fee and therefore are bound to certaine services and to doe such and such duties upon paine of forfeiture in case of Treason and Rebellion their lands are his owne againe and returne into his disposall If Subjects breake their Covenant and prove disloyall all their rights are forfeited by expresse Law if Kings breake their compact no forfeiture followes The reason of this inequality is because the King gave Law to the Subject the Subject did not give Law to him Exc. Another exception is If a King exercising tyranny over his people may not be resisted he and his followers may destroy the Kingdome Answ This is easily satisfied if we consider in what condition we were when conquer'd and how that to avoid a certaine ruine for he might have rooted us out for his better security and planted this Land with his native Subjects we submitted to an onely not impossible that is a most extreamely improbable destruction For it is an unheard of madnesse that a King should be such an enemy to his owne interests It is in our power to kill our selves and yet we are not affraid of our selves because there is a naturall dearenesse implanted in us which secures every one from selfe-wrong we have as little cause to be troubled that it is in his power to make himselfe no King by destroying his Subjects The King perishes in the ruine of his people and the man onely survives exposed to the hatred and scorne and revenge of mankinde Sint quibus imperes is a strong antidote against this unreasonable feare Secondly no policy can give an absolute security we must trust some body by which a way lyes open to a possible mischiefe but many most probable and certaine inconveniences are thereby avoided Thirdly we have good grounds to rely upon divine providence if we doe our duty for the hearts of Kings are in the hand of the Lord he will put a hooke into the nostrils of Tyrants and though we may be chastised for a tryall of our patience or punished for our sinnes yet he will not permit them to bruise his children to pieces Exc. We are bound by the naturall affection we owe to our Country to be active in restoring it to happinesse by removing such a curse from the land Answ We must not doe evill that good may come of it Some reply this precept obliges private men not Magistrates especially aiming at not any particular but the publique good a pious intention to advance this excuses from sin Certainely it will concerue all such as meane to goe to heaven they may as well tell us Magistrates may lawfully steale or commit adultery if they sin for the Common-wealth that is plunder in hopes to finde letters amongst malignant goods or lie with other mens wives to unlocke their brests and discover such secrets whereby they may more easily cut their husbands throats as being in their Catalogue of evill councellours or enemies to
as unto them that are sent by him Deodate expresses it very fully in his Italian translation Siate adunque suggetti ad ogni Podestà criata dagli huomini per l'amor del signore al Rè come al sourano ed a governadori come a persone mandate da lui That wee may not mistake he tells us that by Power or Ordinance is meant Persons endued with power ad ogni Podestà is sayes he in his glosse upon the place a Principi Magistrati Rettori created by or amongst men dagli huomini o fra gli huomini per la conservatione e condotta della società humana Jude when he condemnes despisers of dominion and such as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 speake evill of dignities v. 8. meanes to commend to us the same duty which Paul taught us out of the law which is free from all ambiguity and concludes for the persons When Ananias the high Priest whose duty was to judge after the law commanded him to be smitten contrary to the law he as was supposed by them in passion returnes ill language and being justly rebuked by the by-standers he confesses he ought not to revile the Priest though he did evidently abuse his authority much lesse ought he to strike againe with pretence of honouring his authority but not being bound to submit to his personall commands contrary to the law I wist not brethren that he was the high Priest for it is written thou shalt not speake evill of the Ruler of thy people Act. 23. 5. St Paul was unacquainted with this subtility which allowes to speake evill nay to make hostile resistance against men in authority so they professe to honour the authority of those men It is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so Master Burroughs his personall strength not any legall power which is resisted if he doe any thing against law and this sayes he is not forbidden we may resist men though not powers wee must not be subject to will but to law p. 113. His mistake lyes in this that he thinkes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 power signifies the right and honest use of authority whereas it signifies the right to use his authority whether well or ill 't is all one to us for matter of submission to it either by obedience or patience because no resistance can be lawfull for want of a superior jurisdiction by which onely wee can be enabled to call him to an accompt for his actions The truth of this is made evident in Joh. 19. 10 11. Pilate faith unto him knowest thou not that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I have power to crucifie thee and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I have power to release thee Jesus grants it and answers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. thou couldest have no power at all against me except it were given thee from above By 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 therefore are meant persons invested with authority The reason which made Paul call Magistrates by the Abstracts Powers was this he wrote to Christians living in the Roman Empire and it was the custome of the Latine Language to call persons endued with power potestates by the name of powers You may observe it in Vlpian l. quid sit D. de Aedil edict § 19. and in Augustine epist 48. who saith sive potestas veritati favens aliquem corrigat laudem habet ex illa qui fuerit emendatus sive inimica veritati in aliquem saeviat laudem habet ex illà qui fuerit coronatus Mark that potestas inimica veritati this must needs signifie a man abusing his authority And in Juvenal An Fidenarum Gabiorumque esse potestas and in Suetonius Jurisdictionem de fidei commissis quotannis tantum in urbe delegari magistratibus solitam in perpetuum atque etiam per provincias potestatibus delegavit The moderne languages Italian and French which were bred out of the Latine retaine the ancient use of speaking for potestat in French and podestà in Italian expresse not the function onely but the person which manages it Thus anciently the Latine word for a Justice of peace who now is called justitiarius was justitia as you may find in Glanv lib. 2. cap. 6. and Roger Hovedens Annals so our King is called in the abstract Majesty as the Grecian Emperours 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Many ridiculous consequences flow from hence but I list not to make sport with that unhappy distinction which hath almost ruined as flourishing and strongly temperd a Kingdome as any in the Christian world It exposes Magistrates and all in authority to the contempt and injuries of the baser sort of people For when discontented it is very obvious for them to tell them a reverence is indeed due to their function therfore that they setting their office aside will take liberty only to kick their persons and that the Magistrate is not at all affronted though the man be soundly beaten It is against common sense to put such a difference betweene the person and the authority of the King for if it were reall neither God nor the Lawes of the Land have made any provision for the Kings safety for His authority is not capable of receiving any benefit and therefore it must be acknowledged by all sober and reasonable men that His authority doth but convey such and such priviledges upon the person who onely can be sensible of them and consequently whatever is attempted against his person is attempted against his authority likewise Another cavill is taken from these words in Rom. 13. For Rulers are not a terror to good workes but to the evill wilt thou then not be afrayd of the power doe that which is good and thou shalt have praise of the same For he is the minister of God to thee for good Their Argument is framed thus A Magistrate is the Minister of God for our good therefore he which is not a Minister for our good is no Magistrate and to resist him is not to resist the ordinance of God which instituted Rulers for the peoples happinesse but the faults and exorbitances of men which endeavour to rob them of the blessings of divine providence orderly government and to make them bow downe under the heavy burdens of an arbitrary sway Their conclusion contradictory in it selfe is plainly this A bad Magistrate is no Magistrate as being a terror to good works and giving praise to the evill contrary to Saint Pauls definition of Rulers and therefore no honour is due to him no resistance is forbidden Answ The example of Christ commanding them to pay tribute to Caesar as his due the end of which was that he should mind their good though he neglected that duty and his acknowledgment of Pilates power or right to judge though he exercised it to the condemnation of the innocent and Saint Pauls confession that notwithstanding the high Priest commanded him to be smitten illegally which in their language was abuse of will not power yet hee
must not returne ill language because he was the Ruler do clearly evince their argument not concluding Saul was a bloody tyrant hee made the Priests a sacrifice to his cruelty yet notwithstanding he continued Gods anointed It were easie to instance in many examples which shew the vices of man making ill use of the power do not voyd the ordinance of God There are who answer these places very piously but as I think not altogether to what Saint Paul aimed at Rulers are not a terrour to good workes and he is the minister of God to thee for good that is though they oppresse nay kill innocent men yet they cannot hurt them For God will recompence their sufferings it is in bonum afflictis though affligentibus in malum because all things worke together for good to them that love that is are obedient to God Rom. 8. It seemes to me more probable that the scope of the Apostle was to inforce the duty of subjection pressed in vers 1. by a second reason for he had urged before the ordinance of God drawn from the benefits which will be reaped from Governours And the motive is the consideration of that happinesse which wee have reason to promise our selves from the preservation of order the end of which is publique tranquillity This is enjoyed under very bad Princes which will abundantly recompence some particular sufferings whereas if wee should goe about to right our selves when power is abused to say nothing that it would alwayes be pretended to be so by ambitious men who have this advantage that the common people have but weake judgments in State matters and yet appeales are especially directed to them and since our miseries have growne upon us the contrivance of our calamity was very visible the fatall arts which ruined this Kingdome were to make the meaner sort of men Judges of Policy and women generally the Judges of Religion and they are easily perswaded to reckon misfortunes amongst crimes and to confound ill intentions with ill successe If I say wee should take upon us to governe our Governours because they rule not for our advantage wee should pull upon our heads much greater mischiefes Experience shewes that Kingdomes suffer infinitely more by Civill Warre then by the most Tyrannicall Princes If wee call to mind the most vicious King that ever reigned in England wee shall find though he did injure some particulars indulging to some inordinate affections against the tenor of Law yet justice was favoured in the generall and the greatest part of the Kingdome reaped the fruits of order Whereas illegall endeavours to force him to amendment introduce a cessation of all law and justice and the Subjects will be plundered more in one night then the greatest monopolyes and most unjustifiable taxes of many yeares robb'd them of The Apostles sense is expressed fully by Tacitus Ferenda Regum ingenia néque usui esse crebras mutationes The reason why it is better for a people though oppressed to submit with patience even to a Tyrant is this if he be put to recover his owne by conquest and prevaile he may be tempred as highly provoked to rule them with a rod of iron and to provide for future safety by utter disabling them to hurt him but if they get the better their victory doth but confirme our calamity wee cannot see any probable end of our unhappy distractions Because forraigne Princes will certainely afford supplies for recovering his just rights for it might suddainly be their owne case and they are bound to it in State interest that they send not aid sooner is because it is for their advantage to have a neighbour Kingdome weakned but not the Prince ruin'd and it is very unlikely he should ever want a very considerable party at home many out of conscience more out of discontent and envy towards their fellow Subjects prosperous treason endeavouring to restore their injur'd Soveraigne to his undoubted Rights and Prerogative So that England would be the unhappy scene where the tragedies of Germany would be reacted But grant a totall extirpation and that they shall be able to go through with their wicked designe and not only branch but even root Monarchy also for this is aimed at by some who feare it may sprout againe if the stock be left have wee yet at last any hopes of peace when wee are so undone by warre that wee have nothing left to loose but our lives truely no then like theeves when once secure of their booty we should have thousand differences in dividing the prey all of them challenging preferments great as their sinnes and setting such a price upon their wickednesse as the estates of all honest men will not be able to pay it is not possible what they have gotten can be pleasant to them when they consider much more might be enjoyed and sadly recollect the inequality of the recompence to the adventure for their lives were exposed to the danger of the law their reputation is lost with all good men and their soules are eternally ruin'd They would fall out amongst themselves who was the greatest Traytor and never yeild precedency in mischiefes because that is the measure of Sharing Some would plead they contrived others they acted the Treason and thinke a subtile braine should have no priviledge above a couragious heart it being more easie to fright the people by inventing false dangers then to lead them on and make them stand the brunt of true It is beyond my skill to proportion the wages of sin determine whether the slye and cunning setter or the stout thief can claim greatest share in the spoyle But commonly the speculatively malicious men are miserably deceived of their expected requitall For though they set the mischiefes on foot yet their journey-men quickly apprehending the mystery are easily tempted to set up for themselves It hath beene often seene that to end such quarrells he that was head of the conspiracy in reference to the active part of it and who had force enough to oppresse a Tyrant would use the same to establish himselfe their Lord and Master and his government was so much the more rigid severe and miserable because he was frighted with his owne example upon his predecessor This I conceive to be the Apostles sense that wee must submit even to bad Governours such they were when he wrote this Epistle not only out of honesty but prudence also because if wee goe about to make them better wee shall put the Kingdome and consequently our selves in farre worse condition After this explanation I will reduce their Argument into forme that I may thereby give more distinct satisfaction Non resistance is forbidden only to the powers ordained of God But powers used tyrannically are not ordained of God therefore wee are not forbidden to resist them The assumption is absolutely false For though tyranny be not the ordinance of God yet the power which is commanded to rule justly but withall inabled to
and make use of the impatience of distempered men to compasse their owne ends though I say such a sullennesse would make the Kingdome miserable yet it is their right to deny the most reasonable proposall and there is not any legall remedy against inconveniences which will certainely flow from hence Neither necessity nor propterea quòd regnum nostrum periclitatur which is the same with saius populi suprema lex can enable the King justly to provide for the Kingdomes safety by raising money against the known Lawes he may in this case dissolve the assembly and onely use such meanes as are not contrary to Law By reason of these negative voices and the Kings right as to call together so to breake up that great councell there was not any hope of new moulding this State to particular Interesses and therefore these unequall compositions of the House of Commons had no influence to the disadvantage of the Commonwealth Yet now wee may probably suffer under them if this new doctrine take place That the Kings consent is past and involved in the Lords and Commons for the next rub of the Lords negative is removeable by the same Logicke of Coordinata se supplent and that the people may not perish for defect of a supplementall Law it was essayed formerly that they sitting in personall capacities should not oppose what conduced to the safety of the Kingdome represented by the Commons and those two grounds being laid as the King and Lords are voted out of Parliament so it is very probable the Gentry would be but very thinne in the House of Commons upon new election hereafter because the disposall of all would be put into their hands whose interests are most disjoyned from the publique tranquility as enjoying least by the present establishment in this State From hence it is apparent what confusion were likely to follow and the short experience we have had hath already too fully acquainted us with the miserable consequences To answer distinctly to their axiome coordinates supply each others failing if it should be understood in that sense which they plead for that the King failing to performe his duty the Lords and Commons are enabled to transact businesses without him by vertue of this rule upon the very same grounds the King and House of Commons may exclude the Lords the King and Lords may exclude the Commons but this being destructive of the fundamentall priviledge and right of either House this onely can be meant by it in the present case that the power of any one or two of them is defective to some purposes expressely named in our lawes as for enacting new lawes or raising money upon the Subject without a joint consent of all three This interpretation is very reasonable but it concludes against them and forthe King for he requires nothing but what our Lawes grant him and what he alwaies acknowledged equally their due a right to a negative voice in those things to which the three estates are coordinate The use of it cannot be injurious for a deniall to bring in a new governement doth not take away the old it leaves us in that happinesse which our Fathers were content with Exc. All other matters wherein the exercise of His supreame power is not restrained by making their consent a necessary condition without which it cannot be actuated he may manage solely as for instance he may and ought to protect His Subjects and to make use of those meanes with which the law hath invested him to enable him to compasse that end and these are the Militia or armes of the Kingdome Answ The King though he be singulis major yet he is universis minor I am forced to take notice in the first place of that lamentable sophistry which yet hath deceived many # though it hath bin often discovered they still persist to abuse the people with it The strength of all their discourses depends upon this syllogisme the Parliament is greater then the King the assumption is built upon a false foundation The two Houses are the Parliament Ergo the two Houses are greater then the King The proposition is granted because Parliament includes King and Lords and Commons and his legislative power as to the use of it is so restrained that it cannot be legally exercised without their consent and this obtained in Parliament it becomes absolute to those purposes to which they passe their assent 25. H. 8. 21. So that the onely meaning is he can do more in Parliament then out of it But the minor is absolutely false for the King is caput Parliamenti and so an essentiall part of Parliament I am ashamed to bring quotations out of the lawyers to prove what is so manifestly true For if the King were not a necessary part of the Parliament the Parliament as it is being rightly understood for the head and body were the whole Realme then we should have a Kingdome without any King Object One objection is frequently urged there must be a Parliament somewhere for it cannot be dissolved without their consent which is not yet past but it is not at Oxford nor no other place London excepted therefore it is there and consequently the Houses are the Parliament without the King or else His authority is in their votes Answ The want of Logique hath proved as fatall to this Kingdome as the want of conscience I cannot determine which hath had the strongest influence in our calamities the malice of some or the ignorance of others Suppose the Lords should remove their House out of the City as they have an undoubted right so to doe upon the agreement of the major part and there might be some motives for it for to say nothing else their number would be more then doubled where would these men place the Parliament If the King and Lords should legally sit in Oxford were the House of Commons thereby excluded from being a part or could they be concluded the whole Parliament It is not an union in respect of place but an union of their assent and the Royall ratification which actuates the power into a law The Kings absence doth not destroy the being of Parliament no more then if he should dissent being present nor doth it forfeit his power into their disposall as you may see 33. H. 8. c. 21. His assent by his letters patent is and ever was of as good strenght and force as though the Kings person had beene there personally present and had assented openly and publiquely to the same But what if he dissent from them and refuse to confirme their votes Then they ought not to have the force of lawes no more then if the King and Lords should agree on any thing the Commons contradicting it neither is a legall establishment If they say his obstinate refusall voides the Parliament for it is made of no use if it may not be active when deserted by him and except he please to establish their
ordinances The King might as well presse the Commons to consent to what he and the Lords shall thinke fitting because otherwise they void the Parliament for it is of no use if it may not be active without their assent which they resolve not to passe This constitution of the negative voyce in either of the three estates was made in favour of the present governement the goods of which were knowne by experience that no innovation the evills of which are hardly discovered before tryall might be introduced without a joint consent of all three The whole Kingdome is greater then the King Answ If they meane by whole Kingdome both King and people it is very true but nothing pertinent for it onely signifies that the head is not so great as it self and the rest of the body But if they understand as they must if they meane to conclude any thing the body in opposition to their Soveraigne it is false that universitas subjectorum est major Rege The same reason which makes him above one makes him above two and so above ten so ten thousands so ten millions of thousands for their assembling together doth not dispense with their duty of alleagiance many or few alters not the quality of the act an universall revolt from a lawfull Soveraigne is equally Rebellion as a particular defection of one or more Countyes The Orators art is much used in these unhappy times 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 misdemeanors were once raised into high Treason and now evident treason is lessened into necessary defence That rhapsody of quotations intituled the treachery and disloyalty of Papists to their Soveraignes c. brings a very merry plea to take them off from being Traytors The stat of the 25 Edw. 3. c. 2. runnes in the singular number if a man shall levy warre against the King c. it ought to be judged high Treason therefore it extends not to the Houses who are many and publique persons p. 31. If he had sadly considered how deeply conscience is ingaged in the present warre against the King he would not have endeavoured to seduce so many into Rebels and make them forfeit their soules upon such pittifull subtilties If forraigners should inquire under what kind of government wee live the answer must be wee live over a King Certainly they will much wonder at the unnecessary humility of the Houses they challenging to themselves superiority as the representative all and conclude them very great Courtiers who in their addresses to the Prince their Subject stile themselves His Majesties most loyall and faithfull Subjects the Lords and Commons in Parliament They will shrewdly suspect if Majesty be His due that Supremacy is so also while Rome was a popular State the supreme dignity being in the people was expressed by majestas populi Romani and after when they had resigned up their power to Emperours it was changed into Augustalis Majestas taken for the person of the Emperour Câ—ubi apud quem l. cum scimus or Imperialis majestas C. de quadriennii praesc I bene à Zenone and so Keyserlich Maiestaet at this day for the German Emperour The custome of petitioning him and such humility in the title of their addresses and the preface suppose it should reach no further yet it cannot be wholely taken of by the imperiousnesse of the matter Some of that side seeme to be scrupled at it and therefore plaine scottish tells you they hold Declarations to be more sutable to the soveraignty of so supreme a Court whose power is coordinate with Princes wee must hold superior then petitions I have proved in a former discourse that the King is supreme head not in respect of single persons but the universitas subjectorum For this is comprehended in body politique compact of all sorts and degrees of people which is sayd to owe next to God a naturall and humble obedience 24 H. 8. c. 12. And it is evident that hee is not the head of this or that man but of all the members in conjunction of the whole body for else he would be the head of millions of bodies and by consequence have as many distinct Kingdoms as particular Subjects It is needlesse to multiply quotations as the 25. H. 8. 21. This your Graces Realme recognises no superior under God but only your Grace or Queene Elizabeths publique declaration that shee had next under God the highest and supreme government and power over all Estates of the Realme of England Ecclesiasticall or Temporall Camd. hist pag. 31. I will summe up the reasons in briefe which prove that the King is not minor universis First if the Houses are above Him He hath no right of Empire upon them because inferior in superiorem non habet imperium but this is false for they are subject by Law to His commands when he bids them come they are bound to come and when he bids them goe they are bound to go that is when he calls them by his Writ they ought to attend praescriptis die loco and he prorogues the assembly or dissolves it when he thinks fitting It is no prejudice to this right that he was graciously pleased to restraine the exercise of it in this present Parliament without their consent to the end those vast debts which were brought upon this Kingdome might be discharged and in order to that good security might be given to such persons as were willing to ingage their estates for the benefit of the common-wealth I will make no advantage by urging their abuse of trust by which they were enabled to take off that great burthen which they have made infinitely more heavy and whereas they might in short time have eased this State our debts hourely grow upon us and the Subjects estates are but the fuell to feed that fire which sensibly consumes this unhappy Nation Notwithstanding they have deceived both King and people yet His Majesty cannot satisfie Himselfe in their Logique and suffer Himselfe to be perswaded he may lawfully reassume His right because they doe contrary to trust Though the perpetuity of this Parliament was never intended and it hath beene of most pernicious consequence yet the King will not allow Himselfe any liberty to dissolve it against law upon most reall good intentions Because the president is full of danger and though in the present case it would be used for the benefit of His people yet hereafter it probably might be abused to their greater disadvantage Secondly the division of all persons in this Land is into King and Subjects liege Lord and liege people and therefore they must be placed in the latter ranke It is a strange phansie to abstract the body politique from all the particulars whereof it is compacted and to salve the Oath of Allegiance by telling us the universe or body politique never swore alleagiance or supremacy to the King neither is it possible it should Reply to answer to
that trust committed to Him by God and the Law for the benefit and protection of His people He is desired of signe the Bill for abolition of Episcopacy that which acquainted this Land with Christianity and to diminish the Rights of the Church and take away Ecclesiasticall revenues that He may be remembred in story as the unfortunate instrument to pull downe what the charity of many ages hath beene building and to destroy many pious Monuments and glorious testimonies of our forefathers christianity and to ruine what the devotion of our godly Ancestors hath contributed for the encouragement of learning and advancement of Religion To say nothing to the politique part how the Ecclesiasticall and Civill State are so interwoven that the foundation of the whole may thereby be shaken and how there are very good reasons to suspect a Presbyteriall Government will prove extreamely prejudiciall to Monarchy I shall speake only to the religion of this request And first I would willingly know whether there be such a sinne as wee have hitherto used to call Sacriledge so severely punished upon the Heathens the violation of things dedicated to false Deities being notoriously revenged by the true God and so extreamly abhorr'd by all good Christians in former ages and then whether Magistrates have any dispensation to commit Sacriledge innocently by which private men incurre a lasting infamie and eternall damnation Secondly I would willingly be satisfied in this Quaere whether the King having sworne to preserve the Rights and Immunities of the Church intire can innocently consent supposing Him fully informed in the nature of that right which belongs to His Clergy for the most religious Prince may be subject to mistake to lessen or abrogate them except released by the consent of that Body to whom He is obliged This poynt rightly stated I shall only offer it to be seriously meditated on without any peremptory determination may confirme the Lands of the Church for the future to the great improvement of our civill happinesse For besides that wee might reasonably promise to our selves a blessing from the Almighty if wee shew our selves as carefull to setle those Rights which tend to the advancement of his worship by a firme establishment of a certaine and honourable maintenance for his more immediate servants as wee are justly sollicitous to secure our secular interests by making provision that no mans Rights shall be alienated without the owners consents a great temptation and that which seemes to have the strongest influence in all attempts of innovation would thereby be cut off the hopes of repairing their decayed fortunes with the spoyls of the Church Wee shall find in stories that most of those stormes which disturbed former calmes and by which this Kingdome sundry times hath beene miserably shaken were raised only with intention to sinke the Church by such as promised to themselves considerable shares in the wreck Some answer He is equally sworne to the observation of Lawes but these He may alter with advice of both Houses Thus one I doe not conceive Him more bound to defend them by His Oath then the rest of the Lawes enacted any of which when the Kingdome desires should be abrogated I hope is done without perjury That which is commonly called the Lawyers Answer to D◠Ferne. p. 31. This doth by no meanes take of my scruple because His Oath to defend the Lawes enacted is made populo Anglicano to His people and so as all other promises by consent of the partyes to whom a right was transferred may be and really is forgiven by them represented in Parliament to that purpose But this other Oath is made to such a part of His people Clero Anglicano and particularly taken by Him after His Oath to the whole Realme which were needlesse except it meant some other obligation This seemes to prove it a distinct Oath and not releasable without their consent Upon the same grounds that these Rights are pleaded voyd if Voted downe notwithstanding they to whom they belonged expresse not their will to part with them the strongest security England can give is weakned and discredited that is the ingagement of the Kingdome to repay such sums by consent of King and Lords and Commons which and which only is publique Faith In such a case can the City be Voted payd except they willingly release the debt if they should be told their rights are not stronger then lawes but these are made null at the desire of the Kingdome in Parliament they would soone apprehend their logique to be extreamely faultie and it is probable they would maintaine that the representative Kingdome in Parliament cannot dispense with the Kings obligation to a particular body of His Subjects in whom alone the power of releasement doth lye He is desired to nominate such Officers to manage the great affaires of state as they shall confide in that is to yeild up His undoubted right happily enjoyed by all His Royall Progenitors into their disposall and to determine His choice by arbitrary feares If they will confide in those whom the lawes doe not distrust the King hath satisfied even this request for he will not preferre any against whom they can bring just and legall exceptions But he thinks it no good argument to induce him to turne able honest Ministers who may challenge from His accustomed goodnesse that priviledge of quà m diu se bene gesserint meerly because others desire to have their places They themselves would conceive it very hard usage to be put out againe upon the same title when no legall exceptions were produced against them and therefore they presse His Majesty to secure them when once in by law and yet will not permit him to be ruled by their advice out of equity and to continue His favours to those men who by a faithfull discharge of their places have shewed themselves worthy of that trust if it will be reasonable then it is so now to encourage faithfull servants by making their owne offences only and not other mens feares the rule by which they shall suffer Nemo illis sic timere permisit They might as well tell the world in plaine english but that advantages are still made of the peoples blindnesse except the King will grant such preferments to us and our favorites for let Him nominate whom He will they will never confide unlesse He guide His nomination by their instructions who are to approve them and the truth is when they have gained one He hath reason to request them to take the other for they will save Him the trouble of naming in vaine and He may thereby conceale His hurtfull affection and not expose His best friends to dishonourable repulses except wee may be Patrons they would once have been contented to be onely the present incumbents and suffer Him to retaine the right to bestow them freely for the future time wee shall never indure peace and yet wee must be forced to cast the envy of so