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A50410 Certain sermons and letters of defence and resolution to some of the late controversies of our times by Jas. Mayne. Mayne, Jasper, 1604-1672. 1653 (1653) Wing M1466; ESTC R30521 161,912 220

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people as Tra●…an did with the Pratorian praefect ●…ut his sword into their Hands and bid them use it for Him if he ruled well if not against Him In short Sir Magna Charta was a Uine I confesse cast over the People but this Act enabled them to call the shade of it their owne An Act which if your friend will please to forget Ship mony being in no one particular violated so farre as to be instanc●…d in by those whose present Ingagements would never suff●…r such Breaches of Priviledge to passe unclam●…ur'd will ob●…ge posterity to be gratefull as often as they remember themselves to be Freemen Thi●… then being so the next inquiry will be whether a bare Iealousy that the King would in time have recalled this Grace and would have invaded the Liberty of his Subjects by the change of the Fundamentall Lawes could be a ●…ust cause for such a praeventive Warre as this To which I answ●…re that such a Feare 〈◊〉 built upon strong presumptions cannot possibly be a just cause for one Nation to make Warre upon another much lesse for Subjects to make Warre against their Prince The Reason is because nothing can legitimate such a Warre but either an Injury already offered or so visibly imminent that it may passe for the first Dart or Speare hurled Where the Injury or Invasion is only contin●…ent and conjecturall and wrapt up in the wombe of darke Counsells no way discoverable but by their own revelation of themselves in some outward Acts of Hostility or usurpation to anticipate is to be first injurious and every Act of prevention which hath only Iealousie for its foundation will adde new justice to the enemies Cause who as He cannot in reason be pronounced guilty of anothers Feares so he will come into the Field with this great advantage on his side That his reall wrong will joyne Battle with the others weake suspition But alas Sir Time the best interpreter of Mens Intentions hath at length unsee'●…d our eyes and taught us that this hath been a Warre of a quite opposite Nature The Gentleman who wrote the Defence of M. Chaloners Speech and M. Chaloner himselfe if you marke his Speech well will tell you that the quarrell hath not been whether the subject of England shall be Free but whether this Freedome shall not consist in being no longer Subject to the King If you ma●…ke Sir How the face of things hath alter'd with successe How the scene o●… things is shifted And in what a N●…w stile they who called themselves the Invaded have spoken ever since their Victories have secured them against the power of any hat shall invade If you consider what a politick use hath been made o●… those words of Inchantment Law Liberty and Propriety of the Subject by which the People have been musically en●…ced into their Thraldome If you yet farther consi●…er the more then Decemvirall power which this Parliament hath assumed to it selfe by repealing old Lawes and making Ordinances passe for new If you yet farther will please to consider How much Heavyer that which some call Priviledge of Parliament hath been to the Subject then that which they so much complained of The Kings Prerogative so much heavyer that if one deserved to be called a Little finger the other hath swolne it selfe into a Loyne Lastly if you compare Ship-mony with the Excise and the many other Taxes laid upon the Kingdome you will not onely find that a whippe then hath been heightned into a Scorpion now but you will perceive that as these are not the first Subjects who under pretence of Liberty have invaded their Princes Crowne so farre as the Cleaving of Him asunder by a State Distinction which separates the Power of the King from his Person so ours as long as he was able to lead an Army into the Field hath been the first King that ever took up Armes for the Liberty of his Subjects Vpo●… all which premises Sir I hope you will not think it fa●…e Logicke if I build this Conclusion so agreeable to the Lawes of the Kingdome as well as the Lawes of God Tha●… supposing the Parliament all this while to have fought as was at first pretended for the Defence of their assayled Liberty yet fighting against the King whose Subjects they are it can never before a Christian Iudge make their Armies passe for just But being no way necessitated to make such a Defence their Liberty having in no one particular been assaulted which hath not been redrest if S. Paul were now on earth againe and were the Iudge of this Controversy between them and their Lawfull Soveraigne I feare he would call their Defence by a Name which we in our Moderne Cases of Conscience doe call Rebellion And thus Sir having as compendiously as the Lawes of a Letter will permit given you I hope some satisfaction concerning the first part of your zealous Friends dispute with you which was whether the Two Houses which he calls the Parliament have not a Legall power in Defence of their Liberty to take up Armes against the King I will with the like br●…vity proceed as well as I can to give you satisfaction in the second part of his Dispute also which was whether Religion may not be a just Cause for a Warre The Termes of which Question being very generall and not restrained to any kind of Religion or any kind of Warre whether offensive or defensive or whether of one Nation against another or of a Prince against his Subjects or of the Subjects back again against their Prince allow me a very large space to walk in In which least I be thought to wander and not to prove It will first be necessary that I define to you what Religion in generall is And next that I examine whether every Religion which falls within the Truth of that Definition may for the propagation of it selfe be a just cause of a Warre and so whether all they who either are of no Religion or a false may not be forced to be of the true Lastly what the Duty of Subjects is towards their Prince incase he should endeavour by force to impose a Religion upon them which they think to be false and can probably make it appear to be so by proofe●… t●…ken from the Scripture Religion then to define it in the dearest Termes is saies Aquinas Uirtus reddens debitum Honorem Deo A virtue which renders to God his just Honour This payment of Honour to God as 't is built and founded upon his Creation of us by which he hath a Right to our S●…vice and Worship of him so in the contemplative part of it it consists in these foure Notions or Apprehensions of him First that there is a God and that there is but One. Next that he is not any part of this Visible World but something Higher and more excellent then any Thing we see Thirdly that he hath a providence going in the World and takes care of
upon a new forme of State or such a confusion or no Forme of state as we see hath almost drawn ruine upon themselves and their Countrey Once more therefore I must aske your Friend what he meanes by Liberty I hope he doth not mean an Exemption from all Governement Nor is fallen upon their wilde Opinion who held that there ought to be no Magistrate or superior among Christians But that in a freedom of condition we are to live together like men standing in a Ring or Circle where Roundnesse takes away Distinction and Order And where every one beginning and ending the Circle as none is before so none is after another This Opinion as 't would quickly reduce the House of Lords to the House of Commons so 't would in time reduce the House of Commons to the same levell with the Common people who being once taught that Inequality is unlawfull would quickly be made Docile in the entertainment of the other Arguments upon which the Anabaptists did here to fore set all Germany in a flame Namely that Christ hath not only bequeathed to Men the liberty of his Gospell but that this liberty consists in ones not being greater then another It being an Oracle in Nature that we are all borne Equall That these words of Higher and Lower superiour and Inferiour are fitter for Hills and Vales then for men of a Kind That the names also of Prince and Subject Magistrate and People Governours and Governed are but so many stiles Vsurpt Since in Nature for one Man to be borne Subiect to another is as much against Kinde as if men should come into the World with chaines about them or as if Women should bring forth Children with Gyves and shakles on Which Doctrine as 't would naturally tend to a Parity so that Parity would as naturally end in a Confusion Lastly therefore I will understand your Friend in the most favourable sence I can That by the Parliaments defence of the Peoples Liberty he meanes the maintenance of some Eminent Rights belonging to the Subiect which being in manifest danger to be invaded and taken from them could not possibly be preserved but by Armes taken up against the invader But then granting this to be true as I shall in fit place shew it to be false yet the King being this invader unlesse by such an Invasion He could cease to be their King or they to be his subiects I cannot see how such Rights could make their Defence lawfull For the clearer Demonstration of this I shall desire you Sir not to think it a digression in me if I deduce things somewhat higher then I at first intended or then your Letter requires me Or if to cure the streame I take the Prophets course and cast salt into the spring And examine first How farre the Power of a King who is truly a King and not one only in Name extends it selfe over Subjects Next whether any such Power doe belong to our King Thirdly if there doe How farre 't is to be obeyed and not resisted As for the first you shall in the Scripture Sir find two Originalls of Kings One immediatly springing from the Election and choice of God himselfe The other from the choice and election of the People But so as that it resolves it selfe into a Divine Institution The History of Regall power as it took Originall from God himselfe is set downe at large in the eight Chapter of the first Book of Samuel where when the Israelites weary of the Government by Iudges who had the same power that the Dictators had at Rome and differ'd nothing from the most absolute Monarchs but only in their Name and the temporary use of their power required of Samuel to set a King over them God bid him hearken to their voyce But withall Solemnly to protest and shew them the manner or as one translat ●…s it more to the mind of the Originall Ius Regis the Right or power of the King that should raigne over them That he would take their sonnes appoint them for his Charets And their Daughters to be Confectionaries and Cookes f●…r his Kitchin That he would also take their fields their Uineyards and their Olive-yards even the best of them and give them to his Officers Lastly That he would take the Tenth of their seed and sh●…epe And yee saies the Prophet which is a very characteristicall marke of subjection shall be his servants All which particulars with many others there specified which I forbeare to repeat to you because they rise but ●…o the same height may in oth●… termes be briefly summed up into these two Generalls That the Iews by requiring a King to be set over them such a King as was to Raigne over them like the Kings of other Nations divested themselves of two of the grea●…est Immunities which can belong to Freemen Liberty of person and propriety of Estates And both these in such an unlimited measure as left them not power if their Prince pleased to call either themselves or Children or any thing else their owne To this if either you or your friend shall reply that this was but a Propheticall Character of Saul and a meere prediction to ●…he people wha●… He made King would doe noe true Draught of his Commission what He in Iustice might since a Prince who shall assume to Himselfe the exercise of such a boundlesse power doth but verify the Fab●… a S●…ork set over a Common wealth of Froggs They to be his prey not He to be their King To the first I answer negatively That what is said in the fore-mentioned Chapter by Samuel cannot be meant only of Saul since nothing is there said to confine the description to this Raigne Nor doth any part of his History charge him with such a Government Next I shall g●…ant you that no Prince ruling by the strict Lawes of naturall-equity or Iustice can exercise all the Acts of power there mentioned Nor can his being a King so legitimate all his Actions or so outright exempt him from the common condition of men that what ever he shall doe shall be right Most of the Acts there recorded are not only repugnant to the Lawes of sociable Nature or just Rule which forbids One to have All and binds Princes themselves in chains of Reason but to the Law of God in another place which allowes not the King of his own choyce to Raigne as he list but assignes him the Law of Moses for his Rule From which as often as he broke loose he sinned like one of the People yet so as that upon any such breach of the Law 't was not left in the power of the People to correct him or to force him by a Warre lik●… ours to returne back again to hi●… duty His commission towards them if you marke it well ●…an in such an uncontroleable stile that his best Actions and his worst towards them wore the same warrant of Authority However
the other for it's Founder But then the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the peculiar Epithet of Monarchy will beare another sence then I have hitherto given it And will not only signifie the King to be Supream for so the Rulers of a Free State are within their owne Territories but compared with other Formes of Supremacy to be the most excellent Monarchy being in it selfe least subject to Disunion or civill Disturbance And for that Reason pronounced by the wisest Stateists to be that Forme of Governement into which all other incline naturally to resolve themselves for their perfection But by Governours in that place understanding as he doth not the Senate in a Free-state but the Subordinate Magistrates under a Prince the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 most certainly belongs to the King To whom the Apostle there assignes the Mission of Governours as one of the Essentiall Markes and Notes that He is in His owne Realm Supream And thus Sir having drawne the portraiture of Regall Power to you by the best Light in the world but with the meanest Pencill I know you expect that in the next place I should shew you what Rayes or Beames of this power are Inherent in our King Which being a taske fitter for one of our greatest Sages of the Law then for me who being One who doe not pretend to any exact knowledg in the Fundamentall Lawes or Customes of this Kingdome which are to stand the Land-marks and markes of partition between the Kings Prerogative and the Liberty of the Subject may perhaps be thought by drawing a line or circle about either to limne Figures in the Dust whose ●…ate bangs on the Mercy of the next Winde that blowes the steps by which I will proceed leaving you to the late writings of that most learned and honest Iudge Ienkins for your fuller satisfaction in this point shall be breifly these two First I will shew you what are the Genuine markes and properties of Supream power Next how many of them have been challenged by the King and have not hitherto been denyed Him by any Publique Declaration of the Parliament Sir if you have read Aristotles Politicks as I presume you have you may please to remember that he * there divides the Supream Powere of a State into three generall parts The Ordering of Things for the publique the Creation of Magistrates and the Finall resolution of Iudgment upon Appeales To which he afterwards addes the power of Levying Warre or concluding of Peace of making or breaking Leagues with forraigne Nations of enacting or abrogating Lawes of Pardoning or Punishing Offendors with Banishment Confiscation Imprisonment or Death To which Dyonisius Halicarnassensis addes the power to call or dissolve Comitia or publique Assemblies As well Synods and Councells in Deliberations concerning Religion as Parliaments or Senates in Deliberations secular concerning the State To all which markes of Supreame power a * Moderne Lawyer who only wants their Age to be of as great Authority as either addes the power to exact Tribute and to presse Souldiers In the exercise of which two Acts consists that Dominium Eminens or Dominion Para mount which the state when ever it stands in need And that too to be the Iudge of its owne Necessity hath not only over the Fortunes but the Persons of the Subject In a measure so much greater then they have over themselves as the publique poole is to be preferr'd before the private Cisterne Now Sir if you please to apply this to the King though good Lawyers will tell you that the power of making or repealing Laws be not solely in Him but that the two Houses have a concurrent right in their production and Abolishment yet they will tell you too that His power extends thus farre that no Law can be made or repealed without Him Since for either or both Houses to produce a Statute Law by themselves hath alwaies in this State been thought a Birth as Monstrous as if a Child should be begotten by a Mother upon her selfe They usually are the Matrice and Womb where Lawes receive their first Impregnation and are shap't and formed for the publique But besides the opinion of all present Lawyers of this Kingdome who like that great example of Loyalty dare speak their knowledge it hath alwaies been acknowledged by the Law made 2. H. 5. By the sentence of Refusall Le Roy S' Avisera and indeed by all Parliaments of former Ages That the King is thus farre Pater Patriae that these Lawes are but abortive unlesse his Consent passe upon them A Negative power He hath then though not an out-right Legislative And if it be here objected by your Friend that the two Houses severally have so too I shall perhaps grant it if in this particular they will be modest and content to go sharers in this Power And no longer challenge to their Ordinances the legality force of Acts of Parliament As for the other parts of Royalty which I reckoned up to you As the Creation of Officers and Counsellours of State of Iudges for Law and Commanders for Warre the Ordering of the Militia by Sea and Land The Benefit of Confiscations and Escheats where Families want an Heyre The power to absolve and pardon where the Law hath Condemned The power to call and disolve Parliaments As also the Receipt of Custome and Tribute with many other particulars which you are able to suggest to your selfe They have alwaies been held to be such undoubted Flowers of this Crowne that every one of them like his Coyne which you know Sir is by the Law of this Land Treason to counterfeit which is an other mark of Royalty hath in all Ages but Ours worne the Kings Image and superscription upon it Not to be invaded by any without the crime of Rebellion And though as your Friend saies this be but a regulated power and rise no higher in the just exercise of these Acts then a Trust committed by the Lawes of this Kingdome for the Governement of it to the King for I never yet perceived by any of His Declarations That His Majes●…y c●…aimed these as due to Him by Right of Conquest or any ●…er of those Absolute and Vnlimited waies which might render His Crowne Patrimoniall to Him or such an out-right A●…odium that He might Alienate it or chuse His Successour or Rule as He pleased Himselfe yet as in the making of these Lawes He holds the first place so none of these Rights which he derives from them can without His own Consent be taken from Him For proofe hereof I will only instance in three particulars to you for I must remember that I am now writing a Letter to you not penning a Treatise which will carry the greater force of perswasion because conf●…st by this Parliament The first was an Act presented to the King for the setling of the Militia for a limited time in such Hands as they might confide in A clear Argument that without such
your running negligence which should help to make your sophisticall criticisme perfect sense Truly Sir if it be so high a fault to picture God I may justly wonder that any picture of a Saint turned into an Idoll should be retained and pleaded for by any man that pretends to be a Protestant and if it be impossible to picture God it is also impossible to picture God-man And I beleeve that you will acknowledge our Mediatour to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 4. That the Sun and Images cannot be put in the scales of a comparison in point of fitness to be preserved is a truth written with a Sun-beame Sir I never durst argue from the abuse of a thing against the use of it if the thing be necessary But the Sun is necessary and Images are not necessary ergo there is no parity of reason betweene the termes of your comparison 5. It appeares to me by your shifting fallacy that you make Copes as necessary as clean Linnen 6. You will never be able to prove that all that the prelates and their Faction have borrowed out of the Missall Ritualls Breviary Pontificall of Rome are to be found in any Lyturgie received by the Primitive Church And I would intreat you to consider whether they who doe profess a seperation from the Church of Rome can in reason receive and imbrace such trash and trumpery And yet though you would willingly be esteemed a Protestant I find you very unwilling to part with any thing which the Prelates have borrowed from the Court rather then Church of Rome 7. Your next Paragraph doth concerne Tradition I shall give you leave to preferre the constant and universall consent of the Church of Christ in all ages before the reason of any single man but Sir you doe very ill to call the testimony of the spirit speaking in the word to the Conscience of private men a private spirit I thinke you are more profane in the stating of this point then Bellarmine himselfe 8. You have not yet proved that any Prelate can challenge the Sole power of Ordination and Iurisdiction Iure divino 9. I should be glad to know for how many yeares you will justifie the purity of the Doctrine Discipline and Government in England I beleeve the Doctrine Discipline and Government of the Prelaticall faction whom you call the Church was not excellent if you reckon from 1630. to 1640. and that is time enough for men of our time for to examine I beleeve that you will acknowledge that the Prelates did lay an Ostracisme upon those who did oppose them who were in the right both in the point of Doctrine and Discipl●…ne we shall in due time dispute Though Prelacy it selfe be an usurpation yet there were many other encroachments which may justly be called Prelaticall usurpations and the Parliament hath sufficiently declared its judgement in this point they have clearly proved that Prelacy had taken such a deepe root in England and had such a destructive influence not only into the pernicious evills of the Church but Civill State that the Law of right reason even Salus populi quae suprema lex est did command and compell them to take away both roote and branch you may dispute that point with them Sir you cannot prove that Prelacy is an Order of the Church as ancient as the Christian Church it self and made venerable by the never interrupted reception of it in all Ages of the Church but ours 10. I am no Turkish Prophet I never preacht any piece of the Alchoran for good Doctrine much less did I ever make it a piece of the Gospell all that I say is this that Christians incorporated in a Civill State may make use of Civill and naturall means for their outward safety And that the Parliament hath a Legall power more then sufficient to prevent and restrain Tyranny Finally the Parliament hath power to defend that Civill right which we have to exercise the true Protestant Religion this last point is sure of highest consequence because it concernes Gods immediate honour and the Peoples temporall and eternall good Pray Sir shew me if you can why he who saith the Protestants in Ireland may defend their Civill right for the free exercise of their Religion against the furious assaults of the bloudie Rebells doth by that assertion proclaime himself a Turke and Denison the Alchoran you talke of the Papists Religion Sir their faith is faction their Religion is Rebellion they think they are obliged in conscience to put Heretiques to the sword this Religion is destructive to every Civill State into which true Protestants are incorporated therefore I cannot but wonder at your extravagancy in this point Sir Who was it that would have imposed a Popish Service Book upon Scotland by force of Armes You presume that I conceive the King had an intent to extirpate the Protestant Religion Sir I am sure that they who did seduce or over-awe the King had such a designe I doe not beleeve that the Queene and her Agents the Papists in England who were certainly confederate with the Irish Rebells had any intent to settle the true Protestant Religion you cannot but beleeve that their intent was to extirpate the Protestant Religion by the sword and to plant Popery in its stead I know Christ doth make 〈◊〉 and breake the spirituall power of Antichrist by his word and spirit for Antichrist is cast out of the hearts and consciences of men by the spirit of the Lord Iesus but Christ is King of Nations as well as King of Saints and will breake the temporall power of Antichrist by Civill and naturall meanes If Papists and Delinquents are in readiness to resist or assault the Parliament by Armes how can the Parliament be defended or Delinquents punished but by force of Armes I know men must be converted by a spirituall perswasion but they may be terrified by force of Armes from persecution All that I say is the Parliament may repell force with force and if men were afraid to profess the truth because of the Queenes Army and are now as fearfull to maintaine errours for feare of the Parliament the scales are even and we may by study conference disputation and prayer for a blessing upon all be convinced and converted by the undenyable demonstrations of the Spirit Sir this is my perswasion and therefore I am sure far from that Mahumetan perswasion of which I am unjustly accused 11. I am glad that you speake out and give light to your darke roome I did not accuse you of Conventi●…les I beleeve you hate those Christian meetings which Tertullian Minutius Pliny and others speake of we had lights and witnesses good store at our meetings And as for your conceit that I deserve to be in Bedlam because of the predominancy of my pride and passion and the irregularity of my will Sir I confess that I deserve to be in Hell a worse place then Bedlam and if you scoffe at
but prove to me that the Priests whom you make to be the lower orbe of their Faction did so mingle and confound the services of the Church as to put no difference between the holy and profane or that in complyance with them they saw vanity and divined lyes to the people and I shall think them capable of all the hard language which you or others have for some yeares heapt upon them Till then Sir pray mistake not Concrets for their Abstracts nor charge the faults of persons upon the innocency of their functions Prelacy is an Order so well rooted in the Scripture though now deprived of all its Branches in this Kingdome that I verily perswade my selfe that as Caiaphas in the Gospell when he spoke Prophecy perceived not himself at that time to be a Prophet so you over-rul'd by the guidance of a higher power have in this Paragraph exceedingly praised Prelacy whilst you laboured to revile it For either it must be Non-sense or a very great Encomium of it when you say that as long as it enjoyed a root here in this Kingdome it had not onely a destructive influence into the evils of the Church but of the Civill State too If the Influence of it were so destructive of evils as indeed it was pray with what Logick can you say that Salus populi quae suprema lex est did compell the Parliament to extirpate a thing so preservative and full of Antidote both to Church and State Sir if mens styles denominations be to be given to them by the place clymate where they are borne bred I shall grant you are an English nay an Oxford Christian. But if you preach maintain that Religion is to be propagated by the Swor●… I must tell you that an English Presbyter may in this case be a Turkish Prophet and that though his Text be chosen from the Gospel yet the Doctrine raised from it may be a piece of the Alchoran I shall allow you to say that the Protestants in Ireland had a Right to the defence of the free exercise of their Religion against the furious assaults of the bloody Rebels But when you tell me that Christ is King of Nations as well as King of Saints which I shall grant you and say that as one of his wayes to make Proselytes is by the perswasion of his Word and Spirit so if that will not do his other way to break the power of Antichrist that is as I conceive you mean to convert men from Popery is by civill and naturall meanes that is if you meane any thing to compell them to be Protestants by the Sword Me-thinks I am at Mech●… and heare a piece of Turcisme preacht to me by one of Mahomets Priests In short Sir whether the Papists in England were confederate with the Irish Rebels I know not But doe you prove demonstratively not jealously to me that the Queene and her Agents had an intent to extirpate the Protestant Religion and to plant Popery by the Sword and the Army that should bring that designe to pass shall in my opinion be styled an Army not of Papists but of baptized Ianizaries As for your bidding me dispute the right of taking up Armes in such a case with the Parliament First I must desire you to accept the Answer which Favroinus the Philosopher gave to a friend of his who askt him why he would let Adrian the Emperour have the better of him in a Dispute I am loth to enter into an Argumentation with those who command Thirty Legions Next Sir if I were of consideration enough to be heard to speak publickly to that Great Assembly having first kist my weapon I should not doubt with all the respective liberty which might witness to them that I strive not to diminish the rights of their power but to defend the truth of my cause to tell them that to come into the field with an armed Gospel is not the way chosen by Christ to make Proselites If this be an error or mis-perswasion in me shew me but one undenyable demonstration of the Spirit to disprove it besides your untopicall perswasion of your selfe to the contrary and without any farther conference or dispute in this point I shall acknowledge my selfe your convert and be most glad to be convinced In the mean time Sir you are obliged though I be in your opinion in an error to think more nobly of me then of those Cowards of your side who durst not speak Truth in a time of danger when you see me in the like time such a resolute Champion as you conceive for the wrong Sir 't is one of the prayses of a good picture to be drawne so livingly that every one in the room that beholds it shall thinke it looks only on him 'T is just so with some Texts in Scripture and some parts of morall Philosophy which when they speake very Characterizingly of an irregular passion or vice if they meet with a man Conscious and one subject to such passions remember him of his guilt and prick his minde as if he only were signified by that which was writ to all the World By your charging me that I dealt more sharply with you then I should you give me cause to suspect that my Letter proved such a picture to you and you to your guilty selfe seemed a person so concerned The words of bitterness which you have layed together in one heape are composed of such Language as upon your twentieth perusall you will never be able to finde in my Letter Sir Christianity and my profession however you in your letter forgot both have taught me not to returne Vomit for Vomit And the love which I beare to to the Civility of expression would never suffer me to be so revilingly broad If I made use of one of Senoca's Epistles or of Tully's Paradoxes or Horace's poeticall Controversies and if you would apply what they said of Ambition Pride or Choller to your self certainly Sir you have no reason to call this the Luxuriancy of my wit And thereupon to inferre these provocative conclusions that my wit is wanton therefore I am effeminate That I am superstitious therefore lascivious too Sir as my wit is so poore that I shall observe your Councell that is never wax proud upon the strength of it or despise those that are more weake so without sparing me at all I doe once more challenge you to prove that the wantonness of it hath betrayed me to the loose Conversation of any that are light Lastly Sir I hope you doe not think I have so much of the vaine glory or selfe-conceitedness of those Reverend Hypocrites in the Gospell in me who were able to boast of their long Prayers and broad phylactaries and of their fasting twice a weeke that I will offer to thinke my selfe more temperate then the Apostles Yet Sir I dare once more challenge you the precisest of your inspired informers to prove me at any time
therefore Regall power in the forementioned place of Samuel be called the manner of what a King would doe yet that Manner as I told you before carryed a Ius or power with it unquestionable by the Subiect to doe if he pleased things unlawfull And hence 't is that the Prophet tells the Iews at the 18. verse of that Chapter That in the Day they found themselves opprest by their King they should cry out for redresse to the Lord As the only Arb●…ter and Iudge of the Deeds and Actions of Princes The Originall of Regall power as it took beginning from the People you have most lively exprest to you by S. Peter in the 13. v. of the 2. Chapter of his 1. Epist. Where exhorting those to whom he wrote to order their Obedience according to the severall Orbes and Regions of power of the States wherein they lived he bids them submit themselves to every Ordinance of Man whether it be to the King as supreme or unto Governors as unto them who are sent by him c. In which words I shall desire you to observe First that Monarchy as well as other Formes of Government is there called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Human Creature or thing of Humane Creation From whence some such as your Friend who I perceive by his Arguments against Monarchy in your Letter hath read Iunius Brutus and Buchanan have inferred That as to avoid Disorder and Confusion people did at first passe over the R●…le and Government of themselves to a Prince so the Prince being but an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Derivative from them doth still retain a Dependance on his first Creators And as in Nature 't is observed that waters naturally cannot rise higher then their Spring-head so Princes they say have their Spring-head too Above which as often as they exalt themselves 't is in the power of the Fountain to recall it's streame and to bring it to a plaine and level with it selfe For though say they it be to be granted that a King thus chosen is Major singulis superiour to any One yet he is Minor vniversis Inferior to the whole Since all the Dignity and power which makes him shine before the People being but their Rayes contracted into his Body they cannot reasonably be presumed so to give them away from themselves as that in no case it shall be lawfull to call for them back againe For answer to which Opinion taken in by your Friend from his misunderstanding of that Text I will goe no farther then the place of Scripture on which 't is built where without any criticall strife about the signification of the Words I will grant that not only Monarchy which is the Government of a People by a Prince But Aristocracy which is the Government of a People by States Democracy which is the Government of the people by the people hath next and immediatly in all States but the Iewish been 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of Humane Creation But then that 't is not so purely humane as not to be of Gods Creation and Institution too is evident by the words next in Contexture where the Apostle bids them to whom he wrote to submit themselves to every such Ordinance of man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For the Lords sake who by putting his Seale of Approbation to mens Elections and choyce hath not only authorised a Humane Institution to passe into a Divine Ordinance But towards it hath imprinted even in Nature it selfe such a Necessity of Government and of Superiority of one man over another that men without any other Teacher but their owne inbredde Instinct which hath alwayes whisper'd to them that Anarchy is the Mother of Confusion have naturally fallen into Kingdoms and Commonwealths And however such a state or condition of life under a Prince or Magistrate be something lesse free then not to be subject at all since mens Actions have hereby been confined to the Wills of Superiours whose Lawes have been certaine chaines and shackles clapt upon them yet a subjection with security hath alwayes by wise men been preferr'd before Liberty with danger men have bin compelled to enter into those Bonds as the only way meanes to avoyd a greater Thraldome Since without such a subordination of one man to another to hold them together in just society the Times of the Nomades would return where 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the weaker served only to be made a prey to the stronger The next thing which I shall desire you to observe from that Text is that the King though chosen and created by the People is there stiled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Supreame Now Sir you know that 〈◊〉 Supream is so to be over others as to have no Superiour above him That is to be so Independently the L●… of his owne Actions of what sort soever whether uniust or just as not to beaccountable to any but God If he were that other to whom he is accountable would be Supream not He. Since in all things wherein he is Questionable He is no longer the King or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there describ●…d but a more specious Subject Whereupon will either follow this contradiction in Power That the same Person at the same Time may be a King and no King or we must admit of an Absurdity as great which is That a Supream may have a Supream which to grant were to cast our selves upon an Infinite progresse For that there must be a Non-ultra or Resolution of power either into one as in a perfect Monarchy or into some Few as in the Government by a Senate or into the Maior part of the People joyning suffrages as in a pure Democracy All three Formes agreeing in this That some body must be Supream and unquestionable in their Actions the nature of Rule and Businesse and Governement it selfe demonstrates to us Which would not else be able to obtaine it's ends or decide controversies otherwise undeterminable And however this power may sometimes be abused and strained beyond it's Iust limits yet this not being the fault of the power but of the Persons whose power t is it makes much more for the Peace of the publique that one or Few should in some things be allowed to be unjust then that they should be liable to be Questioned by an Ill Iudgeing Multitude in All. The third thing which you may please to observe from that peece of Scripture is The Creation of Magistrates or Governours who are there said to be sent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 By Him Where a Moderne Writer applyes the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or By Him to God As it all other Governours were sent by Him not by the King Which Interpretation of the place I would admit for currant if by the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Governours so sent he did understand the Rulers in an Aristocracie or Free-state which being a Species of Governement Contradistinct to Monarchy cannot be denyed to have God as well as
an Act past by the King the two Houses had nothing to do with the Ordering of it Another was one of the Nineteen Propositions where t was desired that the Nomination of all Officers and Counsellours of State might for the future go by the Maior part of Voyces of both Houses Another Argument That the King hath hitherto in all such Nominations been the only Fountaine of Honour The third was the passing of the Act for the Continuation of this Parliament Another Argument that nothing but the Kings consent could ever have made it thus Perpetuall as it is Many other Instances might be given but so undoubtedly acknowledged by Bracton By Him that wrote the Book call'd The Prerogative of Parliaments who is thought to be Sir Walter Raleigh By Sir Edward Cooke by the stiles and Formes of all the Acts of Parliament which have been made in this Kingdom and by that learned Iudge who wrote the Examination of such particulars in the Solemne League and Covenant as concerne the Law And who in a continued Line of Quotation and Proofe derives along these and the other parts of Supreme power in the King from Edward the Confessour to our present Soveraigne King Charles that to prove them to you were to adde beames to the Sunne Here then For the better stating of the Third thing I proposed to you which was That granting the King to be Supreme in this Kingdome at least so farre as I have described him how farre He is to be Obeyed and not Resisted Two things will fall under Inquiry First supposing the King not to have kept Himselfe to that Circle of power which the Lawes have drawn about Him but desirous to walke in a more Absolute compasse That He hath in somethings invaded the Liberty of his People whither such an Incroachment can justifie their Armes Next If it be proved that He hath kept within his Line and only made the Law the Rule of His Governement whether a bare Fear or Iealousie That when ever he should be able He would change this Rule which is the most that can be pretended could be a Iust cause for an Anticipating Warre The Decision of the first of these Inquiries will depend wholly upon the Tenure by which he holds His Crowne If it were puerly Elective or were at first set upon His Head by the Suffrages of the people And if in that Election His power had been limited Or if by way of paction it had been said Thus farre the King shall be Supreme thus farre the people shall be Free If there had been certaine Expresse conditions assigned Him with his Scepter that if he transgrest not his limites He should be Obeyed if He did it should be lawfull for the people to resist Him Lastly if to hinder such Exorbitances there had been certaine Epho●…i or Inspectours or a Co-ordinate Senate placed as Mounds and Cliffes about Him with warrant from the Electours that when ever he should attempt to overflow his Bankes it should be their part to reinforce Him back into his Channell I must confesse to you being no better then a Duke of Uenice or a King of Sparta In truth no King but a more splendid Subject I think such a Resistance might be Lawfull Since such a Conveyance of Empire being but a conditionall contract as in all other Elections the chusers may reserve to themselves or give away so much of their Liberty as they please And where the part reserved is invaded 'T is no Rebellion to defend But where the Crowne is not Elective but hath so Hereditarily descended in an ancient line of succession from King●…o ●…o King that to finde out the Originall of it would be a taske as difficult as to find out the Head of Nilus where the Tenure is not conditionall nor hangs upon any contract made at first with the people nor is such a reciprocall Creature of their Breath as to be blowne from them and recalled like the fleeting Ayre they draw as often as they shall say it returnes to them worse then at first they sent it forth In short Sir Where the only Obligation or Tye upon the Prince is the Oath which He takes at his Coronation to rule according to the knowne Lawes of the place Though every Breach of such an Oath be an Offence against God to whom alone a Prince thus independent is accountable for his Actions yet 't will never passe for more then perjury in the Prince No Warrant for Subiects to take up Armes against Him Here then Sir should I suppose the worst that can be supposed that there was a time when the King misled as your Friend sayes by Evill Counsellours did actually trample upon the Lawes of the Kingdome and the Liberty of his Subiects derived to them by those Lawes yet unlesse some Originall compact can be produced where 't is agreed That upon every such Incroachment it shall be lawfull for them to stand upon their Defence unlesse some Fundamentall Contract can be shewen where 't is clearely said that where the King ceaseth to governe according to Law He shall for such misgovernment cease to be King To urge as your Friend doth such vnfortunate precedents as a Deposed Richard or a Dethroned Edward Two disproportion'd examples of popular Fury The one forced to part with his Crowne by Resignation the other as never having had legall Title to it may shew the Iniustice of former Parliaments growne strong never justifie the Pitcht-feilds which have been fought by this Since If this supposition were true the King being bound to make the Law Hi●… Rule by no other Obligation but His Oath at His Coronation Then which there cannot be a greater I confesse and where 't is violated never without Repentance scapes vnpunish't yet 't is a trespasse of which Subiects can only complaine but as long as they are Subiects can never innocently revenge But this all this while Sir is but only supposition And you know Sir what the Logician saies suppositio nihil ponit in esse what ever may be supposed is not presently true I●… Calumny her selfe would turne Informer let her leave out Ship-money a greivance which being fairely laid a fleepe by an Act of Parliament deserved not to be awakened to beare a part in the present Tragedy of this almost ruined Kingdome she must confesse that the King through the whole course of His Raigne was so farre from the Invasion of His Subjects Rights that no King of England before Him unlesse it were Henry the first and King Iohn whom being Vsurpers it concern'd to comply with the People the one having supplanted his Eldest Brother Robert Duke of Normandy the other his Nephew Arthur Prince of Britaine ever imparted to them so many Rights of his owne To that Degree of Infranchisement that I may almost say He exchanged Liberties with them Witnesse the Petition of Right An Act of such Royall Grace that when He past that Bill He almost dealt with His
obeyed yet he is not to be resisted Since such a Resistance would not only change the Relation of inequality and Distance between the Prince and People and so destroy the Supremacy here given him by S. Peter but 't would actually enter duell with the Ordinance of God which ceaseth not to be sacred as often as 't is wickedly imployed Irresistibility being a Ray and Beame of the Divine Image which resides in the Function not in the Religion of the Prince Who may for his Person perhaps be a Caligula or Nero yet in his Office still remaine Gods Deputy and Vicegerent And therefore to be obeyed even in his unjust commands though not actively by our compliance yet passively by our sufferings This Doctrine as 't is agreeable to the Scripture and the practice of the purest and most primitive times of the Church so I finde it illustrated by the famous example of a Christian Souldier and the censure of a Father upon the passage This Souldier being bid to burne Incense to an Idoll refused But yeelded himselfe to be cast into the fire Had he when his Emperour bid him worship an Idoll mutinied or turn'd his speare upon him saies that Father he had broken the fift Commandement in defence of the second But submitting his Body to be burnt the only thing in him which could be compelled instead of committing Idolatry he became himselfe a Sacrifice I could Sir second this with many other Examples but they would all tend to this one pious Christian Result that Martyrdome is to be preferred before Rebellion Here then if I 〈◊〉 suppose your Presbyterian Friends charge to be true a very heavy one 〈◊〉 〈◊〉 that the King miscounselled by a Pre●…ticall Court Faction when he first Marcht in●…o the field against the Armies raised by the two H●…uses of 〈◊〉 〈◊〉 〈◊〉 a●… inte●…t to subvert the Protestant Religion and to plant the Religion of the Church 〈◊〉 Rome in it's stead yet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to me that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he 〈◊〉 〈◊〉 〈◊〉 King or the two H●…uses to be his 〈◊〉 or 〈◊〉 their two Oath●…●…f 〈◊〉 and Alleage●… that in so ●…ing ●…e for 〈◊〉 his Crowns and w●… 〈◊〉 〈◊〉 over all persons and in all ●…auses as well ●…vill as ●…cclesiasticall within the 〈◊〉 of his three Kingdomes supreame Head and Governour I know no Armes which co●…●…wfully be used against Him b●… these which S. 〈◊〉 used against an Arian Emperour Lach●…as Suspi●…ia Sighes Tears and Prayers●…o ●…o God●…o ●…o turne hi●… heart And therefore Sir when your Friend doth next aske you Flow it could stand with the safe ●…onscience of any English Protestant to stand an idle spectator whilst Queen Maries daies were so ready to break in upon him that He was almost reduced to this h●…rd choyce either to follow the Times in the new erected fashion of Religion or live in danger of the stake and Faggot if he persisted in the old y●…u may p●…ease to let him know from me That as I have no unruly Thirst or irregular Ambition in me to d●…e a Martyr Not am so much a Circumc●…lee as to court or woo●… or in case i●… fled from me enthusiastically to call upon me my own Death and Execution So if it had been my Lot to live in the fiery times He speaks of when a Protestant was put to death for an Heretick as I should not have quarreld with the Power that condemned me so I should have kist my funerall pile And should have though●… it a high peece of Gods favour to me to call me to Heaven by a way so like that of his Angell in the Book of Iudges who ascended thither in the Flame and aire and persume of a Sacrifi●…e But what if this be only a Jealousie and suspition in your Friend ●…ay 〈◊〉 if it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Disguise and pa●…t to some Ambitious m●…s 〈◊〉 who to walke the more 〈◊〉 〈◊〉 th●… darke and politick ends ●…ave stiled th●…mselves the D●…fendours when they have all this while been the Invadors And have calle●… the King the subverter who hath all this while to his power been the Defendor of this Religion This certain●…y if it be proved will very much 〈◊〉 and aggrav●…e their sinne and dye it in a deep s●…let through all the progresse of it But because I rather desire to east a m●…tle over their strange proceedings then to ad●…e to their Nakednesse which hath at length discover'd it selfe to all the World all that I shall say to deliver so much Goodnesse from so much misrepresentation it this That the report which at first poyson'd the mindes of so many Thousand well minded people That the King had an intent by this ●…re in destroy the Protestant Religion could at 〈◊〉 have no other parent but some mens either crasty Malice or needlesse Feare appears clearly in this that after all their great Discoveries they have not yet instanced in one considerable Ground fit to build more then a vulgar Iealousy upon The Kings affection to the Queene His Alliance and confederacy with Popish Princ●…es abroad and the Gentlenesse of his Raigne towards his Popish Subjects at home being premises 〈◊〉 unfit to build this inference and conclusion upon that Therefore He took up Armes that he might introduce thei●… Religion as his in Aristotle were who because it lightned when Socrates to●…k the Ayre thought that his walking●…use ●…use ●…hat commotion in the skyes For that the Root and Spring of such a report could be nothing but their own deluded fancy they must at length 〈◊〉 esse unlesse with their Faith they have ●…ast off their Charity too Let 〈◊〉 Friend Sir read ●…ve any one of His Majesties Declarations and wh●… sacred Thing 〈◊〉 there by which he hath not freely and uncompelled obliged and bound Himselfe to live and dre●… a Protestant By what one Act have these many Vowes been broken Who made that Court Faction which would have miscounselled him to bring in Popery Or let your Friend if he can name who those Miterd Prelates were who lodged a Papist under their Rotchet If he cannot let him for beare to hold an Opinion of his Prince and Clergy which Time the mother of Truth hath so demonstratively confuted And let him no longer suffer himselfe to be seduced by the malitious writings of those who for so many years and from so many Pulpits have breathed Rebellion and Slander with such an uncontrouled Boldnesse and Sting that I cannot compare them to anything so fitly as to the Locusts in the Revelation which crept forth of the B●…ttomlesse pit every one of which worethe Crowne of a King and had the Tayle of a Scorpion In short Sir If he have not so deeply drunke of the Inchanted●…uppe as to forget himselfe to be a Subject let him no longer endanger himselfe to east of their Ruine too who for so many years have dealt with the best King that this Nation ever had as Witches are said