faith is sin we must conforme our practise to that standing rule layed downe by the Apostle Active obedience against Gods law sin Deo magis quā hominibus We ought to obey God rather then men we are bound to use Tertullians phrase temperare majestatem Caesaris infra Deum The reasons to the contrary for absolute unlimited obedience have no solidity One is upon a false supposall Objections to the contrary that at our entrance into civill society we submitted as our wills by which is meant not the faculty but the effects of it which were in our power and which are subjected as farre as they were in our power that is in all honest performances for peccare non est nostri juris so our understanding and consequently though in our private opinion such actions were unlawfull yet if commanded said by our rulers to be just our publique judgement which we had given them right to passe upon good or bad did pronounce them honest A second argument is though we thinke such actions unlawfull upon a particular comparing them with the measure of right and wrong divine precept or prohibition yet from a more generall raeson we thinke this thought of ours condemning such actions to be an errour and so if we doe what we thinke in our private judgement God hath forbidden we doe contra opinionem agere sed non contra conscientiam practise against our opinion not against our conscience because that is swayed by this generall reason If when rulers say such a thing ought to be done I say it ought not the sence of it is I am wiser then they But if I grant them the more able men I must needes thinke they are likely to make truer judgement and so am bound to submit to the greater discretion because in morall differences which are not capable of demonstration I must guide my practise by the highest probabilities of good If sheepe knew how apt they are to goe astray they would be content to be guided by the shepherd and therfore governors who are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are to direct us in the waies of safety He that shall undertake to be his owne master will have a foole to his scholler and he that refuses to follow his guide and fancies some private turnings is likely to misse his way and through many wandrings to come weary to his journeys end A third argument is to challenge to our selves the judgement of good and evill is the fruit of that bitter root of Adams disobedience Eritis sicut Dij scientes bonum malum was the temptation and the sinne was he did eate of the forbidden tree of knowledge of good and evill He was not content to be acquainted with good only submitting to that which made actions good or bad the command or prohibition of him who had dominion over him but began to examine the justice and reasonablenesse of them and so would make himselfe like the Law-giver Answer The answer hereto is easie by distinguishing those things in which God will require from every one a liberty of judging and a conformable obedience from things more obscure and which will require a deeper search then ordinary understandings can make Of the first sort are the plaine and familiar truths laid downe in scripture of which S. Paul binds us to be so confident that though an angel from heaven should preach any other doctrine we may not admit it As likewise many morall duties easily discerned even by weake apprehensions If this were not so the Apostles rule could not lawfully be made use of we must obey God rather then men and the people would be bound to follow their blind leaders into the pit of destruction For Christ tels us both shall fall into the ditch But the Apostle allows them to whom he spake to examine his doctrines of this nature by the rule of their owne understanding I speake as to them which have understanding judge ye what I say and judge in your selves is it comely c. and in the verse following doth not even nature it selfe teach you c. This case is clearly decided in the 14th to the Rom. where we learne if we condemne our actions though in themselves not blameable yet to us they are sinne v. 22 23. Happy is he that condemneth not himselfe in that thing which he alloweth He that doubteth is damned if he eate because he eateth not of faith wherefore he gave a generall command in the 5. v. let every man be fully perswaded in his owne minde Of the latter sort are things more intricate and which cannot without great difficulty be judged of Being such for the most part wherein not mens honesty but their prudence is exercised And here a submission of judgement is very reasonable As in law cases to be swayed by the professors of it or if we build a house to be directed by artists or in a tempest to take the most probable way of escaping by relying on the pilots steering the ship and forbidding unexperienced passengers to runne to the helme confusedly and alter the course according as their ignorance feares prompt them upon a conscientious madnesse that they shall be accessary to their owne death if they put their lives out of their owne hands though they commit them to sea-men whose experience hath better enabled them to avoyd the rockes and the shelves And thus in civill government wherein the greater part of men can have no deepe insight to trust the managery of the publique safety to persons wiser then themselves and to bind one another to performe all offices in relation to this end according as they shall be commanded by their governours and not to rule their law-givers by disputing the unreasonablenes of what is injoined And to this captivateing of their understanding religion obligeth them for God is not a God of sedition of mutinye and confusion but of unity order and of peace The case thus resolved produceth an excellent temper in mans obedience as by which we render to Caesar the things which are Caesars and to God the things which are Gods Be subject to every ordinance of man for the Lords sake This binds universally those only cases being excepted which God expressely and evidently reserves to himselfe and in them we must take law from the more powerfull Feare not them which kill the body but are not able to kill the soule but rather feare him which is able to destroy both soule and body in Hell This liberty of denying obedience can neither be offensive nor dangerous to authority First not offensive No inconveniencies from this doctrine rightly stated God to be obeyed rather then men because magistrates can challenge no more right over our actions then God gives them or we our selves had before we submitted them to their commands which was none in this supposed case because a dishonest deed non est nostri juris is not in our power We can
hand or purse in the evills which are brought upon him and the whole land Betray not your bad tempers so â—arre that it should appeare you will do more for feare then love lest your base natures may induce hereafter a stricter governement when experience doth demonstrate the worst masters have the best servants Let not his lenity which doth deserve to find friends be the onely cause he hath so many enemies If I must direct my speech as unto cowards for you have no excuse for disloyalty but your feares consider with your selves how God hath blessed his servant with three potent and successefull Armies all of them raised with such disadvantages as they clearly speake an immediate providence giving testimony to the sincerity of his many sacred protestations beside many hopefull Seminaries in divers Countries and thousands of gallant Gentlemen and brave spirits in other Shires now unfortunately situated O tristi damnata loco who wait for an oportunity to revenge their tame suffering hitherto and the unworthy usage from fellow Subjects If notwithstanding all this you could unreasonably flatter your selves with being the stronger side yet you have juster and greater feares elsewhere which ought to give Law to your cowardise which hath betrayed your alleagiance For what would it profit you if you should save your houses from being plunder'd though this is the most probable way to hazard your estates which are forfeited to the King cannot be escheated to them and loose your soules for which the whole world is but a base price There is evident danger in fighting against the King but the Apostle threatens certaine destruction because you fight against your owne consciences Their severall exceptions and corrupt glosses by which they endeavour to avoyd this plaine obligation of non resistance I shall meet with in the fourth section The practise of primitive christians is a faithfull commentary upon these texts The duty not to resist proved further by the practise of the more innocent ages of the Church And certainly their authority who witnesse to their owne disadvantage teaching submission though to tyrants under which they cheerefully suffered according to Christs example ought to prevaile with us above any moderne writers who have broached a doctrine very seasonable for some places and occasions but unknowne to those innocent times when Christianity thrived upon suffering and gained as much by patience as it is likely to loose by stubbornnesse that it is lawfull for inferior Magistrates say some and this from the fundamentalls of government for the people others tells us and this from the law of nature to right themselves by force if the supreme Magistrate deny to do it and so faile of that trust which was committed to him for the good of others These principles lately taken up open a faire way for advancement of private ends by disturbance of publique peace either upon reall which oft times are or at least pretended faults in governours which shall never be wanting whilst there are ambitious men who want preferment and desire to have what others are possest of and make it a reasonable cause to endeavour innovation because they may be bettered by the change In what an unhappy State do we live if such a number upon pretence we are not so well governed as we might be that is they have not so great a share in the government as they could wish for and since the greater part can never be satisfied we cannot hope for peace and quiet shall be enabled to force the King to recede from lawes and in the roome of those knowne and standing rules to give us uncertaine temporary ordinances The Emperours were for the most part very bad but especially to the Christians they were hard masters Though the Romans counted it the highest gallantry to shake off the yoke when it galled them and did oft rebell in the cause of liberty and it is a sad thing that this pagan bravery should be preferred to the tamenesse which Christ injoyned to his followers of all good actions the murder of a tyrant is most commendable sayes one Euseb Philad dial 2. And Buchanan thinkes it a defect in policy that rewards are not allotted for such meritorious deeds yet the Christians could never be tempted by their greatest sufferings to joyne in any conspiracy Tertullian professes their innocency and he is to be looked upon in this case not as a single witnesse but as one that wrote in the name of all his Apologetique is the sence of the whole Church We may be confident of the truth because it was a matter of fact and we have no reason to suspect he could be so vainly impudent as to present that in their justification which must be evidently convinced of falsehood He makes a bold challenge and desires them to produce if they can one example of any Christian taking part with rebells Such as Cassius Niger Albinus Cleander Aelius Letus the Pretorian souldiers who murdered Pertinax Stephanus and Parthenius were It is manifest these were not traitours out of wantonnesse there were just grounds for heavy complaints under Domitian Commodus and Septimius Severus all bloudy tyrants Yet the Christians were better catechised then to thinke resistance lawfull when they were oppressed by those whose duty it was to have protected them Their unanimous confession is nos judicium Dei suspicimus in imperatoribus qui gentibus illos praefecit I shall give you the sense of it at large We kisse the hands which wound us though they have not any cause to doe such things yet there is too much cause why we should suffer them we must acknowledge our sinns towards God and he may punish them in what way he thinkes fit We cannot deny but we have deserved as great afflictions and shall we who are guilty be stubborne when patience is required though we were most innocent The example of Christ is made our law and in him no sin was found We cannot suffer more nor boast lesse demerit If we did serioussly consider it we could not hate the worst governours for we have no reason to be angry because they do things to our advantage and certaine it is if we submit with patience their sins further our salvation their faults encrease our glory What pitty is it they should goe to Hell for that which procures us a higher place in heaven Nay what uncharitablenesse is it in us to cut them off in their sin and so send them thither And it is a sad meditation to think that we shall follow because we could not indure their company here we take a course to live together eternally miserable Cyprian inforces this meeknesse with excellent reason God saith he to Demetrian is the revenger of his injur'd servants in which this argument is implyed Vengeance belongs unto the Lord and except we can produce his Commission our private justice will damne us animam in vulnere in our enemies wounds our soules will bleed to
man gives full reines to his revenge as thinking it safe enough the feares from a few persons crusht by him being below the delight of manifesting his power in his enemies calamity Thirdly the covetousnesse of Senators is more devouring because we may feed one fire with lesse expence of fewell then a hundred And fourthly a Princes profuse spending upon favourites is infinitely over-ballanced by so many providing for their poore kindred and making friends and purchasing dependants This art very necessary to all men imployed in State affaires who are subject to various censures of underpropping their reputation and hiring Advocates to plead for them in their absence must draw out very considerable summes and be more chargeable to the people from whom the supplies must come then the bounty of one man though showred downe over-plentifully upon some few privadoes The wisest States have ever made ample allowances to enable their Prince to bestow favours according to merits or liking the priviledges of every private man it arguing a noble soule to be bountifull It hath beene shewed already that Monarchy is a more healthy constitution and that when sicke the diseases of it are lesse violent Easie remedies for a sicke Monarchy and it will easily be made to appeare they are more curable Good counsell or at least age and experience hath reformed many Princes but however our grievances are mortall the death of one opens a way to better hopes but the corruption of a Senate ends in dissolution The diseases of a Senate incurable Tacitus gives a full character of the distempers which are fatall to a degenerate Senate Inter Patres plebémque certamina exarsêre modò turbulenti tribuni modò consules praevalidi in urbe ac foro tentamenta civilium bellorum Mox è plebe infima C. Marius nobilium saevissimus L. Sulla victam armis libertatem in dominationem verterunt 2. hist There arose hot contentions betweene the Nobility and Commons now the factious Tribunes bore sway then the Consuls kept them under In the City and the place of publique assembly there were frequent skirmishes the Preface and Essayes to a civill warre Anon Caius Marius the meanest of the Commonalty and Lucius Sulla the cruellest amongst the Nobles destroying their liberty and property by the assistance of their illegall Militia introduced an absolute and unbounded government There be some The miseries of a kingdome when a child governes an argument for monarchy with whom that of Ecclesiastes prevailes wo to thee O land when thy King is a child and they thinke it a strong argument against monarchy because this calamity is not incident to a senate they not being subject to nonage But this place rightly understood is a very full confirmation of the happy condition we have reason to expect under monarchy and of the calamity and woes which probably attend an Aristocracy For the cause of those miseries foretold is plainly this A King during his infancy being not able to rule the government is managed by the nobles Whence we learne that change which the people oft times with sinfull earnestnesse labour for is to be found in the catalogue of Gods judgements and they sue for and by wicked arts endeavour to compasse their owne punishment It is an argument of Gods great mercy to them that he fights against them if he were thoroughly angry the designes of innovatours would have better successe This truth is warranted by scripture For the transgression of a land many are the princes thereof but by a man of understanding and knowledge the state thereof shall be prolonged prov 28. 2. To all these corruptions a popular state is more subject Popular forme the worst government and the imperfections of it are so much the greater as it is farther distant from monarchy the temper of it which is unity the soule of government being more easily dissolved Those which cry it most up will be unwilling to admit it in their families which are smaller principalities Three things especially have made it so taking with the vulgar 1. a pretended impartiall administration of justice 2ly an empty name of liberty and 3ly the so much applauded equality by which they seeme to reduce their civill constitutions to the primary lawes of nature which gave to all men a common right Concerning the first More equall administration of justice without reason and against experience promised in this forme their hopes that justice should be more equally administred are grounded upon this probability It is very hard to corrupt a multitude into favour or respect of persons though some rivers have beene infected the ocean cannot be poysoned A man may satisfy the interests of one or some few but to buy injustice of so many would be no thriving trade he might more cheaply loose his cause This is a plausible but very fallacious argument Because experience makes it evident that to prevent the evills of division which the many following particular and crosse interests doe beget one remedy is constantly made use of which is this some few of the more crafty citizens who have gained credit with them agree together in private order businesses at their close committee and so undiscernably lead the multitude on to what ever they call the publike good of which they having prevailed upon their affections are esteemed the most competent Judges And what is this but to pretend to a Democracy and be governed by an illegall Aristocracy By this meanes any one of the Junto for they must gratify each other mutually is enabled to stop the course of law in a friends behalfe and to put a sharper edge upon the sword of justice when it strikes an enemie These kind of men have got the Art of changing the peoples opinions of just and unjust according as it is more suitable to their owne profit and they are not so much beholding to any solid wisedome for it as a kind of frothy eloquence which wee may observe in their set speeches and declamations with much cunning fitted to the capacity of their auditors They do not at all trouble themselves to satisfy reasonable men for they are but a few and can stand them in little stead where things are carried by the greater number and reasons are not weighed but told The art is to apply their harangues to that which rules weaker men the affections suadendo docent non decendo suadent and these are easily convinced and made the measure of their judgement the want of weight in the premises being supplyed by an extraordinary love to the conclusion It was too truly said in reference to these popular decisions Vtilitas justi propè mater aequi est From this fountaine arise the many debates amongst men in civill affaires For in Mathematicall knowledge because it concernes not meum and tuum there is an unanimous consent all agree what lines are streight and what crooked but the judgements of right and
wrong are as various as their interests different The objection of greater liberty answered Secondly concerning liberty it is very strange that men should so generally fall in love with a bare sound and court a name of freedome which duely examined will be found to signifie nothing They cannot meane by it a loosenesse from all lawes because their intent is to change not take away government they dare not owne such a pernicious licence And therefore the true debate amongst men is not whether they shall admit of bonds that is such obligations as lawes lay upon them these are readily embraced but who shall impose them the question is not an servirent sed an uni vel pluribus and it is commonly called liberty to serve more masters The restraint of our freedome is that which is most valuable amongst the benefits of government For this preserves peace between men that their hands are tyed up from doing injuries Though we naturally delight in a full and absolute liberty yet the love of it is over-ballanced by feares every one could wish to retaine it himselfe but not upon this condition that all others should enjoy the same freedome Because as the contemplation of our owne liberty is pleasant to do what we list so there is a more sad consideration arising from the thought of others freedome to make us suffer as much as they may be tempted to inflict Thirdly Aequalitate nihil est iniquius concerning equality if they urge it comes nearer to the law of Nature by the same reason they must dissolve the bonds of all government since there can be no Magistrate no Superiour and Inferiour and par in parem non habet imperium so we must indulge to every man to doe what seemeth good in his owne eyes This argument doth not conclude for one forme above another but equally destroyes all and is applyed to a popular State onely out of resemblance of some imperfections common to both because that governement comes nearest to none and is but few degrees removed from Anarchy and confusion But the truth is this equality which they so passionately affect is clearely against nature who if an equality of rewards had beene intended would have made all men equally deserveing Reason doth teach us since it is manifest we may excell others by education and industry greater incouragements should be allotted in consideration of the charges of good breeding and of the extraordinary studies whereby men enable themselves for the honour and good of the publique Besides this equality though pretended to conserve doth in truth destroy amity for none are so quarrellsome none so subject unto envy as equals We may judge of the thriving of popular States by what we observe in commons which are alwayes poore and bare and if taken into one mans hands would be improved fourefold we finde by experience what all should looke after is neglected by every one whilest each man thinkes his particular expence of time and study will not conduce much and that they may be supplyed by others and therefore he chooses to imploy them rather on his private interests much more profitably Seeing that the greater part of men in a popular sway are bred up to gaine they make profit for the most part of the rule of their actions and so entertaine but little sense of honour And hence this State is easily corrupted by their low affections so that particular persons may be sometimes rich the State can never be glorious How can the happinesse of that Common-wealth be lasting where the wiser and honester part being still the fewer must be ruled by men of weake understandings and of corrupt affections men extreamely violent if they be not awed and in their feare irresolute in all their proceedings men not capable of secrets so that they expose themselves to all disadvantages Their assemblies are full of inconstancy and disorder it is very hard to separate tumult and multitude The wiser oft times dare not speake fearing the madnesse of the people For if things should succeed ill by some secret lets they are sure to suffer for the event since amongst such Judges it is not enough to counsaile prudently unlesse fortunately also The States of Sparta and Athens will afford plenty of examples If they be not united by feare of a forraigne warre they will quickly breake out into a domestique They are well compared to the raging of the waves their contrary humours easily raise a tempest The united Provinces are thought by many to owe more to the Spaniards constant enmity then to the aides of English Scots or French And yet without their assistance they had beene long since swallowed up and they may thank the justice of Monarchies that these friends made them not a prey to themselves He is a stranger in the Roman story who knowes not how fatall Mercenaries were when lent by a Commonwealth If he would not have fought with them he had conquer'd them long ere this The fate of Greece would have beene theirs Graeciae civitates dum imperare singulae cupiunt omnes imperium perdiderunt we see how the Athenians Lacedaemonians Thebans Arcadians Phocians Locrians Corinthians Boeotians with others variously siding that they might keepe the ballance even miserably warred upon one another till at last Philip tooke advantage of their discords and made himselfe King of all I have beene tempted into this large digression for the fuller satisfaction of the people in whom a dislike of the present government is begot and so a way is laid open for a change of it upon pretence some other forme would be more advantageous Which first is not true and therefore they have not any motive for disloyalty since they would be dishonest against Interest And secondly if it were true in it selfe yet it is not so when a State is setled under another forme the certaine miseries of a civill warre and the great difficulties of setting it together when it is torne into so many pieces will be above any hopes they can reasonably propose to themselves And thirdly if it could be done advantageously and safely yet it cannot honestly They will forfeit Heaven for that which in all probability will make them more miserable upon earth and it were a sad purchase if they should obtaine as much as their ambition or covetousnesse can devoure Civill society is founded upon Justice and supported by Religion which obligeth us to preserve the faith of contracts intire We are bound to stand to our bargaine though it should appeare it might have beene better made Experience shewes us that States may live and flourish too under the worst forme of government and they are not immortall under the best Let the imperfections be more or lesse in this or that kinde of regiment they cannot absolve the Subjects conscience though he may have reason to preferre other Lawes he must have so much religion to be obedient to those under which it pleased God to
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
people and declared their duty This was not what he ought to do but what they ought to suffer when a King swerved from that rule by which he was bound to governe For his duty was well knowne being laid downe many ages before by Moses and written in the booke which Moses commanded the Levites to keepe in the side of the Arke of the Covenant that it might be there for a testimony against transgressors Deut. 31. 36. so that this bindes the people not to resist though they are oppressed wherefore the close of it is since there is no helpe in man they must onely cry unto the Lord 1 Sam. 10. 18. This signification is confirmed by the Civill Law where we are informed jus praetor reddit etìam cùm iniquè discernit the meaning of it is explained relatione scilicet factà non ad id quod ita praetor fecit sed ad illud quod praetorem facere convenit L. jus plur D. de just jur And in this sense summum jus is sometimes summa injuria It were happy for all States if the people were fully instructed in this Text and could distinguish Potestatem imperii ab officio imperantis the right to governe from government according to right For the former is obligatory and stands in full force though he be defective in the latter This middle way inter abruptam contumaciam deforme obsequium neither guilty of stubborne disobedience or servile complyance is very safe and honest For it acknowledges he that hath supreame authority is subject to some lawes for it was truly said by Harmenopulus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and that of the Emperours is fit to be observed Digna vox est majestate regnantis legibus alligatum se principem profiteri Adeo de auctoritate juris nostra pendet auctoritas reverâ majus imperio est submittere legibus principatum l. 4. c. de legibus But he is not subject to any Judge upon earth because he hath no superiour This the Graecians called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a government not accomptable to men and they opposed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 such a Monarchy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to such Rulers as were responsable Ambrose expresses it by non ullis ad poenam vocari legibus tutos imperii potestate The reason of these constitutions was grounded upon necessity which inforced them to place an impunity somewhere for avoiding confusion A necessity to grant impunity to some in all governments to avoid confusion For a circle in government would be infinitely absurd and of pernicious consequences when Rulers are placed over us to challenge a right to rule those Rulers The Poët very wisely was at a stand Quis enim custodiet ipsos Custodes But these men runne round till they are giddy all the foundations of government being moved by them and put out of course Because they have not setled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Galen calls it a supreame power to whose sentence the last resort must be and whose determination jus facit that is though it should swerve from the rule of justice yet it must have the effect of right it is binding to all they cannot call him to accompt for it and make him responsable for the wrong His authority is a guard to his person and though he chance to doe some things not innocently for he ought to be guided by the lawes of honesty given to mankinde and to observe his oath and promises yet he must doe all safely because he cannot be punished by any Nationall Law This impunity makes all resistance which may any way indanger his person unlawfull David clearely determines the case Destroy him not saith he to Abishai the reason of this ne perdas is now of full force and tyes up the hands of inferiours in every State For who can stretch forth his hands against the Lords anointed and be guiltlesse 1 Sam. 26. 9. The substance of this anointment which makes their persons sacred and not to be touched with violence remaines even where the Ceremony is not practised For it is nothing else but jus regnandi the right of supremacy a true title to reigne over them and therefore Cyrus a Heathen King is called Gods Anointed Es 45. 1. though the material ceremony of powring oyle upon him was not in use amongst the Persians It is a metaphoricall expression of supereminency taken from that quality of oyle which is when it is mixed with other liquours to be uppermost The Fathers unanimous glosse which certainly ought to beare greater sway in our actions then the authority of those men not knowne to us but as the causes of our misery upon Davids confession Against thee thee onely have I sinned Psal 51. 4. pleads for this impunity Notwithstanding he had abused Vriah's wife and contrived the death of so gallant a man who forgot what was dearest to him next unto the Kings honour and would not goe in unto his wife untill the Kings enemies were destroyed yet he saith in the height of his humiliation he had sinned against God onely because there was no Tribunall amongst men to which he was responsable Our Common Law seemes to expresse it selfe in the same sense le Roy ne fa tort the King can doe no wrong Though we may suffer undeservedly yet no sense of injuries received can dispence with the obligation of not righting our selves by force I have done with my proofes out of the Old Testament and I desire my readers to weigh how much is concluded lest they should thinke the application hollow because all Kings have not the same rights which belonged to the Kings of Israel First therefore it hath beene shewed How much is concluded out of the old Testament to the present case to restraine this liberty of resistance is a wise government because of Gods owne institution and so that temptation which hath strong influence upon many ought to cease that it is folly to contract to be obedient in such a way as may leave them without remedy for great grievances And secondly it is evidenced that the same power which the Judges before and the Kings of Israel after had is in every State somewhere that jus consistens in impunitate delictorum a right of not being accomptable for their actions which fences the person or persons in whom suprema dominatio is and secures them as strongly as Lawes can doe from all violence is either in one man so alwayes in a Monarchy or in a certaine body whose power though abused must give Law in order to non-resistance to all inferiours There is a possibility of suffering very great inconveniences without any lawfull meanes of redresse It is an unhappy condition we shall live in if he or they should be Tyrants and take delight in our oppression But we cannot helpe it God out of his dominion might thus dispose of our fortunes and lives and he declares his pleasure so to doe and therefore we
must choose the least evill which is not to resist and by endeavouring to save our goods or bodies to loose our soules Certainly if we were as truly religious as we would be thought to be we have not any cause to be troubled though these things should happen to us No hard Law to require from us Non-resistance If our patience in submission to his precept be chargeable we make God our debtor all the taxes and tributes are put upon his accompt and he will returne them in as plentifull measure as if we had spent so much charitably and we cannot lay out our estate better The Magistrate is Gods receiver as well as the poore He commands part of our revenues in him in those he seemes to intreat that is to pay debts this comes nigher to a courtesie and therefore we might better excuse our uncharitablenesse then our resistance But what if their cruelty extend to the farthest and endeavour to take away our lives wrongfully These are justly deare to men and much is done to draw out a few yeares notwithstanding our comforts are interwoven with sorrowes our feares are oftentimes above our hopes most of our dayes are cloudy and over-cast with melancholyes and the discontents arising from our wants which are as vast and unbounded as our desires to have are much greater then the narrow pleasures of enjoyment which is confined to a few things the stroaking of fortune being not so delightfull as her blowes are grievous but what value ought we then to set upon eternall life how highly ought we to prize those everlasting joyes which still quicken and still satisfie the appetite and what should we not suffer rather then forfeit these This is the present case He that by resisting saves his life a doubtfull good and of no long continuance looses that happy being to which God hath promised to such as submit to his commands and he that looses his life is a great gainer he falls a Martyr of justice and shall be raised a Saint into glory The same obedience which God required of the Jewes under the Law to be shewne to their Judges and Kings The same duty of Non-resistance injoyned by Christ in the Gospell and as high a degree of patience Christ injoynes his followers under the Gospell towards the highest powers And there is great reason wee should performe this duty more cheerefully because our Saviour hath commended persecution to all those who will live godly and that both by precept and example His method was facere docere he began to doe and teach and it is not much different in the end docere pati to teach patience and confirme his doctrine by his suffering wee must take out the same lesson for the promise is conditionall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if we suffer with him then and not else shall we also reigne with him Rom. 8. 17. Rebellion in Christians is a most prodigious thing wee having plaine and peremptory commands for obedience and a certaine and ample requitall for all the charges of our honesty That Heroicall speech of Socrates 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It is in their power to kill me it is not in their power to hurt me carryes in it the flame of true Religion the Apostle expresses it higher for us to die is gaine Phil. 1. 21. The Jewes wanted not some colours of reason to justifie their impatience in this case The Jewes more excusable in case of rebellion for it was a strong temptation not to be willing to be cut off when their blessings were temporall the chiefe of them being length of dayes and upon which all the rest depended and must necessarily end with their lives And yet they submitted to those Lawes which entrusted their fortunes and being in the hands of the supreame Magistrate Jos 1. 18. This power in succeeding times was often abused to their destruction and they gave themselves up to the slaughter upon hopes not grounded in any set promise but only in the free goodnesse of God whom they thought to be a better master then to let any man be the worse for doing him service But a Christian cannot have any shadow of scruple Christians have not any colour for it St. Peter failing in this duty by resisting the Magistrate in defence of his innocent Master hath taken speciall care not to be imitated and therefore informes us largely with the full extent of Christian patience I will first lay downe the grounds for which our Saviour reprehended him and I desire they may be seriously pondered by such as are more inexcusably faultie and then I shall take his precepts into consideration Much may be alleadged in Peters justification and yet all will not excuse him Put up thy sword againe into his place sayes Christ if he do not he threatens the punishment of murder to him all they that take the sword shall perish by the sword Matth. 26. 52. It concernes them sadly to apply who pretend resistance but are really invaders and therefore cannot make so faire a plea. First it was a sodaine and unexpected assault no means of escape did appeare Secondly their violence armed with Swords and with Staves as against a thiefe did evidently aime at the life of his Master and he might not without reason suspect his owne in danger Thirdly he kept the lawes of that which is called inculpata tutela innocent defence he did it in the instant not after deliberation when he might have thought of other wayes of safetie and he had no advantage of Weapon and he did not kill outright but only wounded a servant Notwithstanding all this he is rebuked by Christ who makes satisfaction for his offence by a miracle And the sense of this correction made so deep an impression that he after warned others of their duty when they suffer in the like persecution Let none of you suffer as a murderer c. yet if any man suffer as a Christian let him not be ashamed but let him glorifie God on this behalfe For the time is come that judgment must begin at the house of God Wherefore let them that suffer according to the will of God commit the keeping of their soules to him in well doing as unto a faithfull creator 1 Pet. 4. Though this might serve turne yet he speakes more home in another place Submit your selves to every Ordinance of man for the Lords sake whether it be to the King as supreame or unto Governours as unto them that are sent by him for the punishment of evill doers and for the praise of them that doe well For so is the will of God that with well doing you may put to silence the ignorance of foolish men As free and not using your liberty for a cloake of maliciousnesse but as the servants of God c. Feare God honour the King Servants be subject to your Masters with all feare not only to the good and gentle but also to
So that the wronged people must onely cry unto the Lord as the Jewes were directed in their hard condition And Saint Ambrosse is sensible of this obligation repugnare non novi dolere potero potero flere potero gemere c. aliter nec debeo nec possum resistere Least Christians should be more stiff-necked then the Jewes who bore this heavy yoke Saint Peter prescribes their behaviour and tells them it is a part of their calling and unlesse they performe their vocation they cannot make their election sure to imitate Christ thus farre who when he was reviled reviled not againe no dishonorable speeches no reproachfull language from him which yet falls short of the meditated malice of the pen when he suffered he threatned not no killing and slaying so much as in words and no people can have greater innocence and no Governour greater faults but he committed himselfe to him that judgeth righteously 1. Pet. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unto the higher powers Hereout they endeavour to picke some advantage for say they by the same Logique as we conclude impunity due to Kings and so all resistance unlawfull we must be forced to inlarge this priviledge and communicate it to all Magistrates whatsoever because they are higher powers also But this immunity is overlarge by our owne confession as repugnant to all States and therefore seeing we cannot justifie the inference in its full latitude we cannot reasonably collect any thing These men strangely mistake the grounds of our deduction their strong fancy against it not permitting them to take the reason of it into due consideration we confesse thus much is concluded for all Magistrates such are they to whom the King delegates his authority that it is not lawfull for any that are under them to make resistance Lawfull to resist inferiour Magistrates if they oppose the supreame as a private man may not oppose a Constable nor a Constable a Justice of peace nor he a Judge So common Souldiers cannot punish a Lieutenant except by vertue of a Commission from the Generall and then they are above him as being made Magistrates to execute martiall law upon him nor he a Colonell nor a Collonell the Generall they being but private men in reference to one above them and so Kings in Monarchies and proportionably in Aristocracies those persons in whom the supreame power is placed which are the major part consenting are not judicially accomptable to any because they are the highest Thus much Scripture evinces the civill law confirmes reason suggests and the practise of all States hath imbraced it For there is no power but of God Here is the cause of obedience rendred this right to governe is not onely by his bare permission so theft and murder are but it is his constitution and by vertue of this the Apostle collects that honour is due to their persons I have proved formerly that such power could not be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unlesse it were of God the people could not dispense with divine precept non occides thou shalt not kill The powers that be are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ordained or ordered of God This is his ordinary providence by which he hath thought fit to governe the world and we must submit to it till he declare his will to the contrary nothing can take off this obligation but expresse revelation And we have some new Enthusiasts who are going on to this height of fury Methinkes it should startle all good men to see some interpretations of obscure prophecies out of Daniell and the Apocalypse cast out to justifie the breach of plaine duties Whosoever therefore resisteth the power resisteth the ordinance of God Here is faire warning take heed what ye do you have a terrible enemy to encounter with it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a fight against God You cannot flatter your selves with a prosperous issue for those which resist shall receive to themselves damnation Lest any should be so miserably besotted with a senselesse distinction as it is misapplied by them of the authority from the person as to incurre the danger of this fearfull commination Against that distinction of the authority from the person he joynes them together and uses them promiscuously and in the prosecution inforces that by mentioning the persons which before he had attributed to the powers Whosoever resisteth the power resisteth the ordinance of God and they that resist shall receive to themselves damnation it immediately followes For rulers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are not a terrour to good workes but to the evill Then he comes to the authority againe wilt thou not be afraid 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 there he concludes with the person Observe with what vehemence he repeates this duty though fully delivered before as if his mind misgave him concerning these rebellious times Wherefore you must needs be subject A necessity is laid upon us and woe unto us if we be not subject we have two powerfull motives not onely for wrath but also for conscience sake As for feare what the Prince may for rebellion seldome prospers Traitors are unfortunate gamesters though they win at first they are most commonly terrible loosers in the close so what God will inflict You have his word for it you are damn'd if you resist Though Rebels should get the start by seizing his ammunition Forts and Ships and you have cause to thinke your loyalty will disadvantage you when a King is in sight too weake yet be wary what you doe God oft times raises up strength to him beyond mans expectation and the event shewes those which continue honest are most truly wise The heads of the rebellion shall be brought to condigne punishment and their memory be odious amongst all good men 'T is true to be subject to present plunder is a strong temptation against duty yet upon a generall survey ye shall find they take not much more from their enemies God is to be reckoned of the Kings side who will overballance their greatest forces then they force their freinds to give they have no great reason to brag of being savers it hath cost them very round summes to loose their soules But yee see how much the King indulges to this feare I know not whether God will pardon so easily for if feare of loosing by being honest be a good excuse for neglect of duty hopes of gaining by playing the knaves may as reasonably be pleaded so unwilling is he any should suffer for his sake How often hath he beene pleased graciously to forgive upon that easy excuse they did not dare to be his freinds that is they were his enemies not out of spight and malice but onely for their owne advantage and he is content not any should loose for him O let not his goodnes move you to have a
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
gentem robustam longinquam quae destruet eos c. by the way he does not say that Subjects shall call in a forraigne Nation that is treason But the Lord will bring them in because they would not judge their people righteously The distinct answer to it is that Bracton layes not this downe as Law but when he had taught the quite contrary Omnis quidem sub eo ipse sub nullo sed sub Deo tantùm and non habet parem and sufficit ad paenam quod Dominum expectet ultorem He puts this speech into the mouth of a man discontend at the abuse of regall power and arguing from the practise of that Age wherein he wrote for the Rebellious Barons seized on the Militia of the Kingdome which of right appertained to Hen third as Bracton clearely delivers himselfe ea quae sunt justiciae paci annexa ad nullum pertinent nisi ad coronam nec à coronà separari potâ—runt That he speakes it in the person of another appeares from hence that he begins it with dicere poterit quis some body may say The King hath done Justice and it is well and why hath he not the same liberty to censure him if he doe iniustice and accordingly to require him to performe his dutie lest he fall into the hands of the living God He proceeds immediately to Rex autem habet superiorem c. It would be very easy for one better read in our Lawes then I am to shew that the King of England hath supreame right from the nature of all Subjects lands holden of him in fee which though it gives a perpetuall estate Kings supremacie proved from the nature of all his Subjects tenures yet not absolute but conditionall for it depends upon the acknowledgement of superiority and is forfaitable upon a not performance of some duties and therefore it returnes unto him For the breach of Fidelity is losse of Fee as appeares in Duarenus Wesembechius Farinaccius Molina Socinus Gail and they tell us that all Lawyers agree that all Feuda are lost by rebellion as also by our common Law which according to the nature of the trespasse varies the forfeiture In case of Treason as taking up Armes against the King for so you may find it determined 25 Edw. 3. c. 2. after legall conviction all their lands and tenements are absolutely in the Kings disposall in case of felony the King hath a yeare a day and the wast after which it passeth downe to the heires It is very evident that the King onely hath that high degree of property in his lands which Lawyers call alaudium or alodium The sense is the same though the words differ for it is not materiall whether with Budaeus we derive it from the privative particle a and Laudum which signifies nomination so that it denotes praedium cujus nullus author est nisi Deus to hold in his owne full right without any service any payment of rent because from God onely or like to those of Heinault who acknowledge no tenure but from God and the Sunne Pays de Hainault tenu de dieu du soleil or else we may derive it from the same privative particle a and the Saxon Leod or the French leud a vassall or leigeman and then it expresses thus much a tenement without vassallage without burden to which our English Loade retaines some resemblance But Subjects of what degree or condition soever hold their lands ut feuda in the nature of Fee which implies Fealty to a superior It is all one whether they belong to them by inheritance or by purchase for though they may sometimes be dearly bought yet such is the condition of the alienation that they cannot be conveyed without those burdens which were layed upon him who had novell Fee So that Camden pag. 93. of his Britannia observes very truly that the King only hath directum dominium this being reserved by the conouerour who changed many of our lawes and introduced the customes of Normandy and instituted all our pleas in French and passed over the utile dominium only he gave though not absolute yet perpetuall right conditions being performed to use and enjoy such and such lands The highest expression of a Subjects right which law will justify is this seisitus inde in dominico suo ut de feudo He is seized of such lands in his demaine as of fee. Now Feudum is manifestly a derived right and founded in him who hath supreame right in consideration whereof all lands held by Subjects are burdened with some services which differ according to the variety of grant from the King Hence some tenures expire with life others goe downe to our posterity by discent to whom the law gives usum fructum a right to use injoy and make all profits but they are properly but mesn or mesme Lords as holding of an over Lord or Lord paramount who is the King The Kings supremacy is as strongly proved in that he is our Leige Lord Leige Lord bound to some duties as appeares by sundry Statutes for such an one can acknowledge no superiour as Duarenus shewes in comment de consuetudin seudorum c. 4. num 3. And all Subjects are homines ligii leige men and owe faith and true alleagiance to him as their superiour The definition of Legeancy is set down in the great customary of Normandy Ligeantia est ex quâ domino tenentur vassalli sui c. Ligeancy is an obligation upon all Subjects to take part with their leige Lord against all men living to aid and assist with their bodies and minds with their advise and power not to lift up their armes against him nor to support in any way those who oppose him but not under paine of forfeiture as Leige men are The Lord like wise is bound to governe protect and defend his leige people so the English are often called in Acts of Parliament according to the rights customes and lawes of the Country If Subjects breake their faith and prove disloyall their estates and lives are expressely forfeited and the King is enabled by law as the fountaine of all Jurisdiction to seize upon their goods and lands and to destroy their persons If he performe not his duty for there is a mutuall obligation betweene leige Lord and leige men yet notwithstanding this failing neither his Crowne or any rights belonging to his Royall dignity are subject to forfeiture Let them if they can produce any one law to maintaine their assertion If there had beene any it would not thus long have been concealed for they are not accustomed to dissemble any advantages by overmuch modesty Indeed they have not any shadow of proofe or colour of reason for it and yet upon their bare word how many thousands have hazarded their soules by assisting rebells which are eternally lost if they perish in their sinne What madnesse is it to beleeve their saying before their and your owne
our hands we cannot thinke to reforme the abuses of higher powers is committed to us to whom is given no other commandement but to obey and suffer I speake alwayes of private men This truth clearely delivered speakes the goodnesse of the cause and demonstrates the unlawfulnesse of taking up Armes against the King though their supposition were true as it is evidently false that His Majestie did cast off the bridle of established Lawes whereas He doth hazard His Life and Crowne in their defence The quarrell is that he doth obstinately maintaine our good old customes and constitutions such as experience hath confirmed happy and beneficiall to this Nation and will not be over awed to make new Lawes such as private interests would force upon Him and the Kingdome This is a sure ground for conscience to rely upon and evidently destructive of most of their popular principles which have poysoned the affections of the Subjects It is not lawfull for us to correct ill Governours because this cannot be effected without resistance and all private men have direct precept against this that of obedience and patience This will speake home to the businesse when it will after appeare that all inferiour Magistrates opposed to the highest whose Delegates and Ministers they are are but private men In the meane while wee may hence discover the falshood of their principles viz. That the law of nature will justifie all resistance against injuries and for our owne preservation that no people is so mad as to contract to their owne ruine and therefore may resist any Magistrate if their lives be indangered the meaning is if they have offended against known Lawes which will certainly adjudge them to dye the Magistrate shall bring them to a legall tryall at his owne perill or to agree to be ill governed and therefore since there is a mutuall compact if Rulers performe not their duty the contract is dissolved and they are at liberty to right themselves and to governe their Governours and to fling the Pilot over-board if he wilfully steere upon the Rocks not by way of jurisdiction but selfe-preservation That the King is for the people and Governours are appoynted for the good of those that are governed and therefore Subjects are the more considerable men and greater and more honourable then those who are placed over them they bearing relation of the end Magistrates but of the meanes and so the safety of the people must give Law to the Magistrate if he will be peevish and protect them according to old Lawes when they fancy greater benefits from innovation that Quicquid efficit tale est magis tale but according to their grounds private men made all Magistrates for before they constituted some forme of Regiment by pactions and agreements they were but a multitude of men amongst whome none had jurisdiction over other the conclusion is therefore private men are more Magistrates and may call even the highest to accompt and force him to be responsable for what ever they judge abuse of power The grounds upon which our seditious writers doe argue are very contradictory in themselves and yet all of them conclude for Rebellion Some and I thinke the greater part confesse it is unlawfull for private men to resist the Magistrate though abusing his authority These must needs acknowledge the weakenesse of those arguments which yet they constantly presse and which prevaile most upon the peoples affections that it is a senselesse thing to imagine wee can be obliged to be slaves in case a King be guided by his Lusts not Lawes or not to preserve our selves against bloudy Tyrants For their determination is contrary that private men for want of authority to arme them are bound to suffer And Calvin is expresse lib. 3. c. 10. § 6. nullum magis praeclarum facinus habetur etiam apud philosophos quà m liberare tyrannide patriam Atqui voce coelestis arbitri apertè damnatur qui privatus manum tyranno intulerit They maintaine therefore though private men sinne in resisting yet if countenanced by inferior Magistrates then it is not Rebellion but a just Warre These may be clearely convinced if they will but consider that inferior Magistrates are such only in respect of those who are under their jurisdiction because to them they represent the King but in reference to the King they themselves are but Subjects and can challenge not jurisdiction over him Some state it thus though not private men not yet inferior Magistrates yet superior powers may bridle the exorbitant lusts of Princes by force of Armes this wee grant and therefore acknowledge that in an Aristocracy where the lawes place the supreme power in such a body of men what is done by their authority ought not to be resisted and if any one man take upon him regall power contrary to their constitutions he is a Traytor and may be cut off But this concludes nothing in a Monarchy Res apud alios acta aliis non praejudicat for their error is They make the two Houses the Kings superiors who themselves disclaime it in words and seeme to aske you who made them supreme Ruler for all their petitions which are the acts of them not as single men but as united bodies and considered unitivè not disjunctivè socially not severally carry this truth in the Title Your Majesties humble and obedient Subjects the Lords and Commons in Parliament c. which acknowledges their obligation to be under him and to say otherwise would be of dangerous consequence for if they be not His Subjects they put themselves out of His protection Some againe thinke it too grosse and absurd to maintaine that Subjects in any capacity are above their King and therefore a coordination serves their turne By which if they meane an equall right in the King and the two Houses of a negative voyce in respect of new Lawes to be enacted or old abrogated this is granted but will doe them no service and indeed it overthrowes their cause For as the King doth not pretend that he can make use of his power to make new lawes without their consent so by the same reason neither can they challenge a right of taking away our old Government without the Royall assent But if they meane by coordination a division of Soveraignty this is against the nature of it and a cleare contradiction So that if he be our onely Soveraigne there is no such thing as coordination if they be joynt-Soveraignes in what a miserable condition are we English-men who should be bound to impossibilities to obey three masters commanding contrary things They might as well challenge us to doe homage to them which is and ought to be performed onely to the King tum per id efficiamur homines solius illius cui juravimus as the Civilians determine and we cannot be duorum in solidum l. Si ut cer § Si duobus D. commodati Some and those the most desperate mutineers lay such principles as will
and gaine time and if that would not doe he would dismisse the assembly and command another meeting Then would he appeare first upon the place in mourning apparell and with afflicted lookes and humble countenance sadly requesting the people to take compassion on him who suffered such miserable things and feared worse only for doing them service and desiring them to reward his faithfull endeavour by loving his poore Wife and little Children for he gave himselfe for a lost man since he had reason to feare yet the cause in which he should fall was an unspeakable comfort that the enemies of the Common-wealth and such as maligned their happinesse would come upon him in the night and force his house and murther him These well dissembled griefes so wrought their passions that the abused Citizens set up Tents about his house at their owne charges and maintained a constant Guard for his protection When such men shall make a State miserable under pretence of improving its happinesse and challenge to themselves a right to breake all setled constitutions under colour of forcing upon the Kingdome new Lawes which will be more beneficiall when they shall imprison us at pleasure that wee may injoy our liberties and take away our goods to secure our property and punish the most orthodox conscientious and painfull Preachers and impose upon Congregations factious Lecturers to settle true Religion and when they have acted such high mischiefs shall tell us the Nobility and Gentry of the Kingdome are Malignants and delight in and contribute their aides to advance an illegall government who are certaine to suffer most in it it is then time to cry out Quis tulerit Gracchos de seditione querentes I have beene tempted to a large digression because the same Artes which made Rome miserable are visible in our calamities I will now proceed with Calvin after he hath very conscientiously instructed us in our christian duty by saying all resistance is unlawfull unlesse undertaken by the authority of Magistrates whom the Law enables to be the peoples protectors and gives them the highest power which can only be in an Aristocracy or popular State he hath afforded too great an occasion for mistake by an ungrounded conjecture Et quâ etiam fortè potestate ut nunc res habent funguntur in singulis regnis tres ordines quum primarios conventus peragunt And the same power which the Tribunes of Rome c. had as things now stand peradventure belong to the three Estates when they hold their principall assemblies I could wish I were able to excuse him from temporizing yet he layes it down extream cunningly perhaps peradventure if this chance to be otherwise you have nothing to say for your selves you are condemned out of his mouth and in a poynt of such higly concerning consequences you have no reason to change his adverbe of doubting into an assertive I shall oppose to his perhaps it is certainely not so in England because our Lawes make this a Monarchicall government and so different from that of Rome or Athens or Sparta and therefore conscience hath no warrant for resistance against him in whom the supreme power is placed The worke of the second section was to prove it unlawfull for Subjects 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 I shall now shew the invalidity of their exceptions against it by manifesting that no dispensation grounded upon what causes soever as indeavours to make them slaves or beggars or to introduce another and a false religion and what else may be comprehended under the extreame abuse of this power to their oppression or upon any persons as inferiour magistrates or any colour of preserving the authority of the man by fighting and as much as in them lies destroying the man in authority or of making the power well used for the good of the people and not the person abusing that power to be the minister of God c. can excuse such resistance from the sin of rebellion and from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a fighting against God in despising his ordinance Tyrannicall abuse of power doth not make taking up armes against the supreame governour lawfull This truth is confest in words even by their cheife writers Tyranny doth not dispense with the Subjects duty of alleageance though in the meane while they make use of such arguments to prevaile on the peoples affections and exhort them against the King in the feare of God as clearly overthrow this acknowledgment The fuller answere to Doctor Ferne saith thus there are two kinds of tyranny regiminis and usurpationis that of government though never so heavy yet must be indured not only to the good sayes the Apostle 1. Pet. 2. 18. but the froward too and therefore I know no man that defends the ten tribes revolt from Rehoboam p. 22. when they complained of some greivances under which they had groaned in his fathers reigne he was as indiscreete as unjust and told them he would oppresse them more and yet because he had jus regiminis it is ingenuously granted it was unlawfull for them to Rebell The breife answere to Doctor Ferne thus we professe against resisting power authority though abused He doth not hide himselfe as ordinarily by dividing the power from the person who is invested therewith but concludes against resisting the men also If those who have power to make lawes shall make sinfull lawes that is prove tyrants and so give authority to force obedience we say here there must be either flying or passive obedience p. 113. By the same reason if he that hath the only power by lawes already made to traine array and mustar and to dispose of the Militia with which he is intrusted for his Subjects protection and his owne safety should put them into hands which they cannot confide in yet there must be no warre waged to prevent a supposed danger there must be either flying or passive obedience But if one that is in authority command out of his owne will and not by law I resist no power no authority at all if I neither actively nor passively obey no I do not resist so much as abused authority If you meane by not passively obey take up armes ◠against which you must if you speake pertinently and would make an application of this answer to the justification of hostile resistance in Subjects you do resist power and authority in this case For though you are no obliged to yeild obedience either contrary to divine praecept or the knowne lawes of the realme yet by making use of armes you transgresse that law which disables Subjects to make warre without the Princes authority much more against his expresse command to the manifest indangering of his royall Person He answers this had beene but accidentall p. 121. and so we are told by others he might have stayed away Those damn'd assassins and
be impatient though we be cut off by a wicked executioner Exc. Many examples are alleadged out of the old Testament to colour this breach of duty Answ We have plaine precept not to resist and must conforme our actions to knowne rules not the practice of others For instance Who can lift up his hands against the Lords anoynted and be guiltlesse this implyes a command not to rebell Let every soule be subject to the higher powers He that resists the power resists the ordinance of God Submit your selves to every ordinance of man for the Lords sake whether it be to the King as supreame or unto Governours as unto those who are sent by him Legibus vivendum est non exemplis Examples can onely shew what was done not what ought to be done To answer briefly the examples by them produced are either impertinent as being acted upon Usurpers or not to be drawne into a rule because extraordinarily allowed by God who may dispense with his owne law but this cannot warrant our imitation no more then the Israelites robbing the Aegyptians can licence Plundering or any other illegall weakning the wicked or Jacobs lying to his Father can excuse want of sincerity and truth when by false reports they may probably undoe their brethren or Jaels breaking trust in murdering Sisera can dispense with killing enemies after composition made to save their lives or lastly they were unjust To runne over the particulars would be more tedious then profitable because they are all clearly solved by applying one of these three They are impertinent or extraordinary or wicked Secondly If wee should grant that it were lawfull for the Jewes to resist Tyrants in their owne defence this comes not home to us who are called as Saint Peter sayes to beare the Crosse and to follow Christs example When wee are in danger of being killed for our Religion all that is allowed to us is only to flye from one City to another Wee may better submit to so high a degree of patience in consideration our well being is not provided for in this world and despise death because the joyes of eternall life are so plainly set before us in the Gospell whereas under the Law they were entertained with promises of temporall blessings and it must needs goe to their hearts to loose the proposed reward of keeping the Law length of dayes by their due observance of it and this upon a suspicion of a better life rather then a confidence grounded upon any plaine promise Exc. 1 I have formerly shewed the practice of the primitive Christians which was so apparent that not having so much impudence as to deny it neverthelesse they have invented severall exceptions to it which take of the glory of their innocence I have beaten them out of their strongest fort which was this deerant vires They had a good will to rebell but wanted power onely Exc. 2 The Christians were but private men and for that reason could not lawfully resist but if they had beene countenanced with the authority of the Senate questionlesse they would not have submitted themselves so tamely to the slaughter Answ First these men who grant thus much are bound in conscience to answer their owne arguments drawne from the law of nature which they tell us allowes selfe defence though with the Magistrates destruction and taken from the chiefe topique of their invectives that no body did contract to be ill-governed much lesse to be ruined and therefore no obligation can lye upon them not to preserve themselves But these and such like reasons are evidently confuted by all those Texts which bind us to suffer though wrongfully as wee have Christ for an example c. Those holy men who submitted their bodies to the flames lookt upon martyrdome not as a thing of choice but of duty They might have pleaded the law of nature and and the injustice of their persecutors whose office was to be a terror to the evill and to countenance doing that which is good but such sophistry could not prevaile upon religion which had bound up their hands from revenging themselves upon private men and much lesse upon the Magistrate Secondly that the Senate had no authority to wage Warre against their Emperour will be evinced from Rom. 13. 1. 1 Pet 2. 13. 14. applyed to the civill constitutions of the Roman Empire Submit to the King as supreme that is to the Roman Emperour saith Diodati c. all'imperator Romano detto tal-uolta Rè dalle natione stranieri Vlpian acquaints us there was not any legall power but in him what he determines hath the force of law he adds the reason because the people in whom the Senate are included by the lexregia gave unto him the right to manage all their power Vtpote cum lege Regia quae de imperio ejus lata est populus ei in eum which signifies in se saith Theophilus omne suum imperium potestatem conferat l. quod princ D. de const princ Justinian clearely decides the case if the Emperour shall take any cause into his cognizance omnes omnino judices let all judges whatsoever know that this sentence is law to all effects not only in the particular cause but it becomes a rule to decide all like cases by For what is greater what more sacred then the Imperiall Majesty or who is so insolent ut regalem sensum contemnat The sense even of the Senate was not to stand in competition with Royall constitutions l. si imperial D. de legib Wee may fitly observe that some Emperours did by Acts of grace limit their legislative power which was solely in them and bind themselves from the use of it without the advice of the Senate as is to be seene l. humanum Cod. de legib and may be collected from Auth. Habita quidem C. ne fili and divers other constitutions yet this gave no power to the people to be imployed against them if they should not performe their duty This grant made the Roman Empire like the Kingdome of England for wee have a cleare and full testimony from our Common Law that the legislative power is onely in the King though the use of it be restrained to the consent of the Lords and Commons in Parliament le Roy fait les leix avec le consent du Seigneurs Communs non pas les Seigneurs Communs avec le consent du Roy. The King makes Lawes with the consent of the Lords and Commons and not the Lords and Commons with the consent of the King or that which Virgil describes gaudet regno Trojanus Acestes Indicitque forum Patribus dat jura vocatis It is the most unreasonable thing that ever was fancyed that Subjects assembled should have greater authority then their King without whose call they could not have met together and at whose pleasure they are dissolved in Law and bound to depart to their owne homes Exc. 3 The Anticavalier doth pitifully intangle
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
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
a most certaine argument of our serious turning from all sinne For here is not onely godly sorrow for offences past which is the doore and entrance into Christianity but the perfection of it also amendment of life which is true repentance For we sacrifice the pleasures and profits of this world and what ever was deare unto us while we remained carnall nay we yeild up life it selfe against the most violent assault the flesh can make to the will of God who assures that to dye thus is gaine as also whosoever will save his life shall loose it and whosoever will loose his life for my sake shall finde it For these reasons private revenge is unlawfull though upon private men and therefore much more hath Christ disarmed us from recompencing evill to the Magistrate because there is some equality betweene mine and my neighbours life but publique tranquillity the common peace of a whole Kingdome which is destroyed by civill warre and the life of a single man though innocent are very unequall Naturally we love society below our selves for the end of it was to convey to us such and such goods and that which is loved in order to something else is lesse amiable But morally and in Christianity we are bound to preferre the publique good to whatever private Interest And the obligation is very reasonable For if we submit nature to religion and be content to loose our lives for the present we shall receive them hereafter with great advantage So that charity to our neighbour and love of our selves doe sweetly kisse each other Exc. It is lawfull to resist in Gods behalfe and to preserve the true Religion and to compasse the peace of Hierusalem by disturbing that of Babylon Ans Certainely never any man made great improvement of his owne religion by raising Civill Warre and Sedition and Rebellion are very unfit meanes to beget devotion in the hearts of others this way is so unlikely to attaine to perfect godlinesse that I am much afrayd by the unspeakable scandall of these not-christian courses it destroyes even common honesty amongst men Since the time of these unnaturall distractions there hath beene a generall ebbe in our devotion Ex illo fluere retro sublapsa referri Res Coeli Some with Nadab and Abihu offer strange fire before the Lord which he commanded them not God in his good time may quench these flames which sensibly consume both Church and State and the unhappy incendiaries may be devoured in that fire which themselves have kindled Others are not at leisure to offer up the ordinary incense of prayer and thanksgiving though too many have been over gratefull and when beaten in the field they have triumph'd in the Church and instituted solemne praises for the Almightyes preserving their party in such a sense as they endeavoured to preserve their Soveraigne If any time be spared to make their addresses to Heaven their usuall voyce is as harsh in Gods eares as the drumme and trumpet for he is generally invoked as the Lord of Hosts who takes greater delight to be worshipped as the God of peace Mutuall feares and mutuall injuries have so exasperated the minds of most men that the defection from charity is much more common then that from allegeance So that how religion thrives be you judges I am certaine there is a great decay of godlinesse But to examine this colour of preservation of true Religion First all the Anabaptists and Brownists and other Sectaries who beleeve us Idolaters for using the signe of the Crosse in Baptisme all such as joyne with them in fighting against the booke of Common-prayer and Episcopacy established by the fundamentall lawes of this Kingdome are evidently ingaged in this Rebellion not for defence of their old Religion but to introduce a better and new Creed Let me aske them with what face they can hereafter object to Papists that their Religion is Rebellion who may justifie rising up in armes against their lawfull Soveraigne for the Catholique cause upon these Puritan principles The truth is not all Jesuites doe maintaine it and many Papists abhorre this seditious doctrine agreeing with Roffensis that sicut evangelium non dat regnum sic nec auferre potest lib de potest papae in tempor Christ came not to dispose of Kingdomes nor to make them subject to forfeiture The University of Paris hath very christianly determined it seditiosum impium ac haereticum quocunque quaesito colore à quocunque subdito vassallo aut extraneo sacris regum ac principum personis vim habere a seditious impious and hereticall thing for any Subject Vassall or forreigner upon what pretexts or colour soever to offer violence to the sacred persons of Kings and Princes in their censure past June the 4th 1610. A more dangerous tenent for turning States upside downe and bringing all to confusion was never invented then this that Regnum fundatur in orthodoxa Religione Subjects may cast from of their neck the royall yoake if he will not submit to the yoake of Christ Their late Pamphlets speak out and tell us plainely the quarrel is whether Jesus shall be King By this meanes those who manage Christs scepter will command the Kings and he must lay downe his Crown before the Presbyters They have another principle nearely allyed to this which hath too great influence upon their practice Dominium fundatur in gratiâ only the Saints Gods elect have right to the creature wicked men and reprobates doe but usurpe the portion of the godly and thereby increase their owne damnation for they are the true heires for our Saviour bestowed all upon them The meeke shall inherit the earth When wee think they plunder they doe but distreine upon their owne goods it is a recovery of what was due to them by the Gospell to measure right by lawes is but to breake evangelicall priviledges It is not theft but charity to put the wicked in such a condition as that they shall have lesse to answer for If men of these opinions be tolerated both reason and experience shew the peace of the realme is apparently dangered Secondly as it is unlawfull and some of their owne writers confesse thus much see Master Burroughs pag. 123. to fight for Religion if the Lawes of the Land be against it yet this is clearely their case for they goe the destructive way and would root out part of the established worship though very much hath beene indulged to tender consciences even in this case so it is against the civill constitutions of this Realme and consequently against divine ordinance to take up armes against their King though he should really favour another Religion and countenance by his practice superstitious rites nay though the professors of the true and setled religion should be illegally grieved Here were an opportunity to shew their christian fortitude to make use of their spirituall militia faith humility and patience and not to contradict their calling and discredit
the crosse of our Saviour by taking up carnall weapons I wish from my soule all such as pretend to the Reformed Protestant Religion had beene unblamable in this respect and that they had rather chosen to manifest their christian then their martiall spirit Wherever armes have beene lifted up against their lawfull Magistrates though they were unjustly afflicted for the testimony of a good conscience I cannot excuse them from resisting the ordinance of God who would have beene glorified in their martyrdome I am sorry to meet with objections drawne from the unwarrantable practise of some which doe not conclude you innocent but that others were likewise faulty I am certaine the primitive Christians were better catechised and wee read the same doctrine of true patience in their lives as in their schooles which taught them to take up Christs crosse and to follow him in that yoak in which he drew They fought not against their Arrian Emperours in defence of the Nicene Creed no rebellion was undertaken by them under colour of preventing their consciences from being forced which is indeed an impossible thing we may be robbed of our goods we cannot be plundered of our religion Did not Christianity thrive upon persecutions Sanguis martyrum semen ecclesiae The bloud of the Saints made their surviving brethren fruitfull in good workes Their patience wearied the cruelty of their adversaries and gained innumerable converts who began to suspect christianity was true when they saw it so powerfull as to make the professors live with so much innocence and dye with so great meekenesse and to neglect all earthly interests in expectation of Heaven Exc. Though private men should not yet Inferior Magistrates may force him who hath the Supreame power to rule according to justice and the established Lawes Answ The same reason which disables private men from righting themselves concludes likewise against inferior Magistrates that is want of Jurisdiction For if opposed to him whose authority only can alter the nature of revenge and make it justice for inferior in superiorem non habet imperium they are but private persons It is an unreasonable impossible thing that men should be obliged to obey two Masters commanding contrary duties because this would impose upon them a necessity of sinning which must be layd upon him who was the author of that necessity And therefore God hath appointed a convenient subordination in all authorities Vt sol delet minora sydera as the lesser lights are extinguisht by the greatest Luminary the fountaine of all light so minor jurisdictions must give place to him who is the fountaine of justice If God command one thing the King another wee must be obedient to divine ordinance because wee cannot be subject to mans command for conscience sake against him who hath the sole authority to oblige conscience So if the King command one thing and his Ministers inferior Magistrates another wee must submit to regall power either by obeying or suffering because they can challenge our obedience onely by virtue of his authority and this cannot be set up in an hostile way against his person Whether it be reasonable to obey the Kings Officers who can doe nothing but in his name against the King judge yee Souldiers are bound to execute the commands of their Captaine yet not if they are contradicted by their Colonell and he must not be obeyed against an expresse order from the Generall In thus doing St Augustine and reason also assure us wee despise not the power but choose to submit to the higher lesser Magistrates have no just grounds of complaint if we preferre the supreme for in reference to the highest their magistracy ceases and they become our fellow Subjects Let every soule be subject to the higher powers saith Saint Paul We must obey the King and His Officers also as they represent the King for quod per officiarios facit per se facere videtur and they must be obedient as well as wee as they represent Subjects Thus Nehemiah receiving commission from Artaxerxes armed his countrey-men against those who governed under the King Saint Peter very appositely differences this duty in respect of King and Magistrates Submit your selves unto the King as Supreme but unto Governours as unto them that are sent by him and derive their power from him and are His Ministers to execute His commands 1 Pet. 2. 13 14. Exc. It is objected but very impertinently if a King command against established Lawes and inferior Magistrates according to the Law they ought to be obeyed Answ This comes not home to the case I grant obedience to the Kings command against law is unwarrantable but this doth not conclude the lawfulnesse of hostile resistance Wee doe our duty in submitting to His legall will though against his Letters or words of mouth for he hath obliged us so to doe and by his owne grant hath restrained his right to recall and abrogate Lawes except by advice and consent of both Houses in Parliament If He be offended without cause we are bound by christian and civill constitutions to submit though to His unjust wrath If they meane to conclude their owne innocence they must frame their Argument thus If a King command against Law and Magistrates resist according to Law wee may without guilt take part with them This is true if they resist according to Law but this cannot be in a Monarchy for if the Lawes grant a right of resistance in any case when that case comes the Monarchy is dissolved for those who are enabled to take up armes against Him are His equalls or colleagues at least the union is destroyed and they are not to be esteemed Rebels then but just enemies because they cease to be Subjects They cannot vindicate themselves from Treason and Rebellion except they can produce some Law of England which dispenses with their Alleagiance in such cases and shew that our civill constitutions are so framed as to make Bellum Civile Bellum utrinque justum a Civill Warre a just Warre of both sides in the law notion which cannot be except there be two supreme authorities to proclaime and manage it That this is not so the Houses shall give testimony against themselves for they acknowledge themselves in their addresses to His Majesty His humble and loyall Subjects assembled in Parliament Exc. Another maine exception and which they most triumph in is this I will deliver the words of one of them who hath expressed it the most fully As it is a Parliament it is the highest Court of Justice in the Kingdome therefore hath power to send for by force those that are accused before them that they may come to their triall which if I mistake not power inferior Courts have much more the highest 'T is out of doubt agreed on by all that the Parliament hath a power to send a Serjeant at Armes to bring up such an one as is accused before them and if they have power to send one Serjeant at
Armes then twenty if twenty be accused and then a hundred then a thousand then ten thousand if ten thousand be accused and so more or lesse as occasion serves for there is the same reason for two as for one for a hundred as for twenty for a thousand as for a hundred and take away this power from the Parliament and 't is no longer a Parliament But the King and His Forefathers have by Law setled these Liberties of Parliament and therefore according to Lawes they have ae power to send for by force those that are accused to be tryed before them which they cannot doe unlesse they raise an Army when the accused are kept from them by an Army Master Bridge in his Wound consci pag. 6. Answ First the House of Commons is no Court of justice it hath indeed by speciall priviledge for it's better regulation power over it's owne members to imprison or turne out and this power though at any time abused against justice and equity and contrary to the trust reposed in them both by King and people as if men should be committed for delivering their opinions freely because their reason was not so happy as to concurre with the sense of the House which may possibly be the passions of the major part or if some should be accused and others past by though of knowne guilt in the very same particulars as having an hand in monopolies c. and so not the cause but the person he made the measure of right wrong yet this misused authority hath the effects of justice and right makes the act legally valid But the House of Commons hath no jurisdiction over those who are without except at most in case of breach of Priviledge it cannot judge or condemne any no not so much as examine upon oath so that the argument is the Parliament that is the House of Lords as the highest Court of justice may legally raise an army without the consent nay against the command of the King it concludes too without the consent and if they please against the expresse will of the Commons declared to the contrary This doctrine once since this Parliament sate would not have been so pleasing to the lower House that they would have taken care for printing it by Order from their Committee There was a time when one of this House professed openly he hoped to see that skie fall too and the Lords were put in minde they sate but in personall capacities whereas Knights were shires and Burgesses were townes and Cities and therefore it was thought fit to give them warning and to admonish them to take heed how they thwarted the representative Kingdome Secondly by the same reason Judges of inferiour Courts out of Parliament at least may raise an army to fetch in delinquents if the framers of this objection had consulted with those Sages they would have better instructed them in the lawes In cases of such high consequences it was the custome of the House of Peeres to advise with these Oracles to take directions from them at least to know their opinion and the reasons of it because they had employed their whole time and studies to finde out the true meaning of the lawes Thirdly To discover their mistake and the inconsequence of the argument There is the same reason for twenty as for one and so for an hundred for a thousand for an army c. The reason is not the same because when a few are sent out the administration of justice doth not indanger the common peace But because a warre doth put the whole Kingdome in manifest perill of being ruined therefore when either reall delinquents or pretended to be so are so many as to make the tryall doubtfull the liberty and right of inferiour Magistrates to fetch them in by force is in this case restrained by expresse lawes which provides very prudently that no warre shall be made except authorized by the supreame governour And therefore also the lawes permit the King to pardon all offences against his crowne and dignity supposing he will doe it as sometimes out of goodnesse of nature so sometimes out of the strength of his understanding because not mercy only but wisedome and prudence may prevaile with him to forget offenders when they are so potent that the uncertaine punishment of nocents for the worst cause may prevaile as in the case of the tribe of Benjamin so Victrix causa Deis placuit sed victa â—atoni must be bought with the unavoydable destruction of many innocent and gallant persons Wherefore Serjeants at armes and officers may be sent by the House of Peeres and consequently by Judges of inferiour Courts and ordinary Justices to force delinquents to appearance though their crime ought to be specified for to call them malignants or delinquents is no legall charge if they be not so many as that they make such resistance as cannot be punished without an Army for a civill warre endangers all and begets more faults then it punishes and therefore the lawes referre the ordering of the common-wealth to him who is supreme least inferiour magistrates violently carried on should out of indiscreet zeale to justice expose the Kingdome to contributions plunderings and thousand remedilesse injuries more greivous then those they seeke to punish Exc. Warre against the person of the King is not resistance of the higher power but warre against his authority only Buchanan right Non igitur hîc Paulus de iis qui magistratum gerunt agit sed de ipso magistratu h. e. de functione officio eorum qui alis praesunt dial de jur reg Answ This separation of the officer from the office which hath created bella plusquam civilia the King in this army fighting against himselfe in the opposite army is made without all colour or shadow of reason for though the authority of the King be some times where his person is not yet his person cannot be where his authority is not This is evident by the 25. Edw. 3. c. 2. which makes it Treason to compasse the Kings death by which must be meant to endeavour his personall ruine because Regall authority never dyes in England I have shewed formerly that by not resisting powers is meant not resisting persons invested with such power For when Saint Paul hath forbid to resist the power he explaines it by adding a reason drawne from the persons in authority to encourage them to obedience for Rulers are not a terror to good workes and so after for they are Gods Ministers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the masculine gender which cannot be applyed to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that he might leave no ground of scruple but plainly instruct us that honour is due to their persons and that all resistance to their persons is sinne because of their authority Saint Peter is as cleare Submit your selves to every Ordinance of man for the Lords sake whether it be to the King as Supreme or unto Governours
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
the Kingdome may not runne the hazard of being ruined for want of supplementall lawes and therefore when the King is perverse and will not joyne with them for the common good they have full authority without him This would conclude as strongly for the power of enacting lawes without the King which the Houses have disclaimed It is true this legislative authority is exercised under another name let the Authors answer for practising what themselves have expressely disallowed For it is but small satisfaction to the injur'd Subject to tell them they challenge not a power to make standing Lawes but onely temporary Ordinances That is they will take away their estates for the present and then their votes shall be no longer binding was not this the reason why such Proclamations are justly accompted grievances as doe intrench upon the Subjects liberties or property The Subjects are equally miserable whither their birthright the lawes of this land are overthrowne by Royall Proclamations or Ordinances of one or both Houses Coordinata se invicem supplent Coordinates supply each others failings therefore if one refuse the other two are enabled to doe it without him By the same logique if the King and House of Lords joyne the consent of the House of Commons is legally supplied and they may constitute what they please without them This is the evident doctrine of it which yet is commanded by the House to be printed If the King had sayd this it had beene the greatest breach of Parliamentary priviledges that ever had beene made Posterity will have no reason to be thankefull to them for disputing themselves out of the right of a negative voyce onely that they may with some small colour making use of an accidentall advantage the major part of those few Lords which remaine in the House now joyning with them take away from the King what is as much his by law as the crowne he weares his right to reject any Bill never questioned by our Ancestors and it is very strange it should now Sir Thomas Smith tels us quibus princeps derogatum vult haud pluribus verbis utitur quám le Roy aut la Royne s'advisera quaeproptereá extincta penitus abolitaque censentur l. 2. c. 3. descript Ang. If the Kings deniall did not extinguish them all those bils which have slept for many ages as laid downe by our knowing forefathers out of a necessary modesty and a just valuation of their Soveraignes right would rise up lawes to the extreame confusion of the present governement And secondly if his authority must be involved or swallowed up in their votes if his part in Parliament be the same with the flatterers in the comedy Ais aio negas nego if he be but a State eccho it is manifest he hath not so great a hand in the managery of his Kingdome as the meanest fellow who hath but 40l per annum freehold for he governes by proxy whereas the King is represented by none and yet must not speake for himselfe and for his owne Interest which is altogether the same with the publique The greatest security the Subject hath that equall lawes shall be preserved is from his negative voyce The interests of the major part in the House of Commons may be opposite to the good of the Kingdome in generall For if we reckon those many that serve for and are or would be in future elections if the power were thus enabled to effect what ever advantageous designes of Corporations and those few in comparison who serve for Shires we shall easily beleeve the priviledges of Cities and Townes may be inlarged by them to the great discouragement and losse of the honest farmer and painefull husbandman So the Burgesses for the West are so many that upon an unanimous conspiracy amongst themselves and labouring some single persons who may be easily wonne out of relation of acquaintance friends or kinsmen or their inadvertency and not fully weighing or not understanding the consequences of it they may easily carry by vote what is very beneficiall to themselves though extreamely prejudiciall to the other parts of this Kingdome To goe higher it is very easy to conceive that the major part of the lower House may be very meane men chosen to make more profitable lawes for the poorer sort and to keepe the Gentry under by laying subsidies and all burdens of the Common-wealth upon them not without a specious pretence that they spend more in superfluities then would discharge all publique expenses and exempting themselves from all payments as being such who take great paines and worke very hard even for necessaries The possibility of such a choise is apparent because consideriug how small meanes are required to a capacity of voting in the election of Parliament men it may perhaps be more warily ordered hereafter by the wisedome of that great Court who may thinke it fit to raise 40l per annum freehold to such a proportion as that estate was valuable at in the first constitution when the scarcity of money made it a competent fortune the greater part of those which choose them are poore contry-men and beggarly tradesmen Such a choise then is very possible neither is it improbable if Parliaments shall be governed by these new principles For the reason why such an election was never yet made is this such a power was never heretofore challenged as could enable them to goe through with any such designe If either the Lords perceived any motion from the Commons disadvantageous to themselves or the King thought it prejudiciall to the publique and so necessarily unprofitable for him as if the merchant should be discouraged by laying too greatburdens upon forraigne trade or the Clergy impoverished by taking away those meanes which should make men able and keep them honest it was presently rejected and so not to be stickled in further sitting that Parliament If some factious spirits wrought upon their discontents and perswaded them to passe nothing whether by granting subsidies or consenting to new lawes which might be beneficiall for the present State till they received satisfaction in their desires though such a perversnesse which I suppose onely and doe not say it ever was might be very unhappy for the Kingdome for by making the King poor it would probably put his friends upon some unwarrantable courses whereby to supply his wants and this would create a misunderstanding betweene him and his people and breed ill humours which fomented by crafty men would breake out in such violent distempers that there would be a necessity of calling phisitians These politique phisitians when once entertained in such an extremity will be sure so to manage the disease that they will be paied as much as they please to demand They will desire such offices such commands not for themselves but onely in order to the recovery of their patients The deniall of which shall put the people in danger of a relapse and they will prescribe the wayes of prevention
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
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
an Arbitrary sway Doe you desire to be as happy as your progenitors you shall For you shall enjoy all the same lawes by the benefits wherof they lived peaceably plentifully gloriously And besides this for a futher improvement of your happinesse all those new Lawes enacted this Parliament and the severall additional favours by parting with many knowne rights which exceed the Acts of Grace from all His Royall Ancestors though put together shall be confirmed to you Doe you desire to be as free as your Ancestors you shall His Majesty passionately requires the Liberty of the Subject should be restored and will take care the people shall not loose their birth-right by being imprisoned upon His or which is worse their fellow Subjects illegall displeasure He will contribute His utmost endeavours that His owne Castles the Bishops houses and all other not long since honest habitations may be disgaoled and the English may be againe acquainted with the comfort of life freedome of their persons and of conversation and not be banished from their Wives and children for presuming to make the Lawes the rule of their obedience Doe you desire the establishment of your Property you shall have it His Majesty challenges no right to your estates and is unwilling Subjects should claime a priviledge to take them from you only that they may be better inabled to withhold His. No pretences of unknowne dangers or unseene necessity shall justifie the violation of Lawes which alone can secure your inheritances Doe you desire Priviledges of Parliament should suffer no diminution They shall enjoy them in as high a way as the Subject in the freest and most happy dayes ever challenged And lastly that Religion which was sealed with the bloud of many holy Martyrs since the Reformation and which stands established by Acts of Parliaments and flourished in the purest times of Queene Elizabeth which no sober man can thinke guilty of any inclination to Popery shall be confirmed to you by an impartiall execution of all legall penaltyes appoynted against offenders Thus whatever can reasonably be pleaded for is cheerfully offer'd to us and wee are wooed to accept what the contrivers of our ruine pretend is fought for Lawes Liberty Property Priviledges of Parliament and Religion Would you have security for performance of this promised happinesse you shall have as great as in justice you can require or in reason expect the same security with which the modesty and wisdome of former Parliaments were fully satisfied and the Kingdome injoyed the benefits of their well grounded confidence And to compleat all you shall have certaine provision for a Trienniall Parliament We are restored to such a high degree of health as our Fathers were never acquainted with and moreover such a course is taken to time this State Phisique it was never intended Parliaments should be our constant diet as will probably prevent future distempers What fury hath robb'd men of their understandings that they cannot be perswaded to be happy that their malice should increase with their calamities that they should hate and teare and kill one another they know not why For upon my soule a great part of their army would not impose upon others nor admit themselves of the Brownists or Anabaptists Creeds neither would they thinke this Kingdome unhappy so they might get some honest imployment as honourable opportunities would not be wanting in forraigne nations if we had once recovered our former reputation with that wealth and quiet we lately injoyed though 8 or 10 men should loose their mischiefes and not get those offices which they valued above the riches and quiet and honour of their nation What one thing hath His Majestie denyed them which hee had not full right so to do And qui jure suo utitur nemini injuriam facit except they can alleadge 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 very considerable injuries offerd to them and a refusall to give satisfaction the warre is manifestly unjust on their side wee at the worst shall fall martyrs and they at best will live murtherers all the bloud which hath beene shed will be brought in upon their accompt all those rapines and sacriledges the robbing God and men will lye upon their heads In matters of Law he hath not rejected any thing and in matters of meere grace and favour he hath beene bountifull above all his royall Ancestors and so extreamely tender is he in giving all content to His two Houses that he could not prevaile with himselfe to deny but he reserves his assent till such time as they can shew him some reasonable motive whereby he may be invited to grant As he hath been constant in his love and prosecution of peace so he hath taken extraordinary paines in solliciting His Houses to cut off the unnecessary injuries of war by laying down plunderings and other causelesse violences committed upon Estates or persons on both sides his Royall heart bleeding even for the unavoidable pressures the people have pull'd upon themselves His Souldiers will rule their actions by the counsell of John the Baptist and be content with their wages and cheerfully hazard their lives in defence of so honest a cause by as honest meanes If they are not able to pay their Army what secret moath and canker hath consumed that vast treasure Their want of money is a great argument of the unsearcheable judgment of God who can make them still poore though they take a liberty to seize the wealth of the Kingdome O that the people would but yet consider how unlikely it is the State can thrive hereafter under such Stewards He that sadly calls to mind the height of happinesse from which wee are lately falne all past grievances being fully remedyed and future pressures probably prevented and considers how often His Majesty hath intreated importuned us to accept againe of that blessed condition may well wonder that our calamities should yet continue that they should hourely grow upon us I would willingly banish from my thoughts those melancholly observations of Historians Quos Deus vult perdere prius dementes facit and Quorum fortunam Deus mutare constituit consilia corrumpit But they have so strongly possest my fancy that I am almost tempted to feare such a generall losse of mens reason is but the fatall forerunner of an universall destruction Our condition stands thus though the King hath not yet nor ever will hereafter deny any thing of right those desires which are regulated by lawes shall be no sooner presented to Him then granted and though he hath indulged extreamely much of favour more then our Fathers had the boldnesse to crave neverthelesse wee cannot prevaile with our selves to injoy so great blessings unlesse He will consent likewise to their other requests some of which He may thinke He is obliged not to passe in justice there being no light motives to induce Him to beleeve He hath sworne against it at His Coronation and some He cannot grant with honour and without betraying
miserable a warre upon him All understanding and dis-interessed persons must clearely discerne it is the same injustice not to consent the people should be happy and to keep up these publique calamities ununtill they shall be satisfied in their illegall unreasonable proposalls Though it be a more politique way duris conditionibus pacem pati velle to expresse a desire of peace but not to admit it but upon unequitable and unjust conditions yet it is equally dishonest as to deny it downeright They are altogether inexcusable unlesse they will make such proposals whereby it may appeare they covet not anothers but only to preserve their owne rights Which the King freely offers to them without diminution of the least title and with unpresidented enlargements by many additionall favours in this present Parliament He is desired to make the Houses sharers with him in ordering the Militia and to grant them a right to suppresse all forces but such as shall be raised by their consent This request is evidently destructive of that fundamentall Law which intrusts this power in the Crowne alone to enable the King to protect His Subjects and the Lawes The benefits of which constitution our happy Ancestors enjoyed and the greatest pressures the English nation at any time suffered under did spring from this fountaine when Subjects undertooke the managery of this regall right Because their desire is discountenanced by Law and being so though it were as really beneficiall as it is truely pernicious to the peace and quiet of a State opening a gap to civill dissentions necessarily arising from the opposite interests of consorts in power though it might be reasonably wished yet it cannot be innocently fought for They endeavour to justifie it by reason of State and plead the necessity of it as being the onely cure of feares and jealousies The recovery of this Kingdome were certainely desperate if His Majesty too should grow fearefull and jealous who hath beene more unanswerably tempted to give admitance to these unhappy passions For if they might seize on his power by the Law of feares if that it is taken from him becomes a motive to perswade him to give them right to keepe it might not he with greater shew of reason require an inlargement of his former power because it is manifest though they pretended to be afraid of it it was not able to secure him from their violence Much more might be pleaded why he should be enabled to keepe what the Law gives him then they not to restore what they have illegally taken from him But he contents himselfe with the ordinary meanes of safety appointed by Law and will not make himselfe justly formidable by giving entertainement to unjust feares and challenging a priviledge to doe injuries because it is not impossible he may suffer them and may loose his owne rights except he disable others by invading theirs If this principle should once prevaile peace and justice were lost to mankinde for it would still be some-bodies turne to be afraid and that would give them a right to greater power which right would cease as soone as they were possest of it and the true title to power would alwaies be in those who wanted it There is no other way to get out of this maze and confusion to which their wild feares inavoydably betray a State but by prevailing with our reason not to suspect those whom the Lawes have not suspected For as jealousies against Law are causelesse so they are altogether remedilesse The fuller answer to Doctor Ferne endeavours to excuse them by vertue of a commission from this principle abundans cautela non nocet but wofull experience hath evidenced the contrary he tells us further State jealousie hath no right hand error none on the excesse side the more the better pag. 27. It is much worse then private jealousie because this is but the misery of a family that the unhappinesse of a Kingdom To summe up all though some have gone so farre to indulge to Subjects a liberty to take up armes in maintenance of old laws yet no sober author can be produced who makes it lawfull to fight against their Soveraigne for the establishment of new laws It is not possible a strong desire of innovation should take off the guilt of so unnaturall a warre The King requires nothing but what the Subject cannot deny without injustice without perjury and consequently the guilt of all that bloud which is or shall or might be spilt his knowne legall rights and he denies nothing which the Subject can by Law challenge and hath indulged so much of grace as all ages cannot paralell and yet is still ready to consent farther if any reasons shall be produced to invite greater favours How will posterity hate this example and blush at the unworthy story of our proceedings who have discouraged good Kings by these ungratefull requitalls of such eminent deservings towards his people If we had not with our peace and plenty and innocence lost our reason too we should quickely be perswaded to accept of so great happinesse and not perversely hazard an ignominious death onely to make our lives miserable How are we become beasts in our understanding as if onely capable to suffer without any apprehension of the causes or remedies The result of all is life and death are set before the people it is in their election to be againe happy but they chose these miserable things and are active in their owne ruine For it will come to that if they stop not in their wild progresse The husbandmans store being consumed the pastures unstocked though wee escape the sword or bullet wee shall be devoured by famine or else perish by plagues or fluxes the fatall productions of unholsome dyet It concernes us to pray unto Almighty God that he would be pleased to restore us to our wits for if he would make us wise wee should soone make our selves happy by bringing the pernicious authors of these our miseries to a legall tryall wee should then clearely see that the preferment of a few men ought not so to sway with us that wee should sacrifice our Liberty and Property and suffer the Lawes to be violated the Protestant Religion to be dishonoured only in order to satisfie some particular mens ambition That indignation of the people in Virgil ingaged in a miserable warre to gaine that with bloud and ruine the want whereof was no diminution to their happinesse would too well fit the English nation Scilicet ut Turno contingat Regia conjux Nos animae viles inhumata infletáque turba Sternamur campis Must wee dye like dogs that they may live like princes How are the oppressed commons concerned in those mens illegall gainings that they should be contented to loose their estates and lives and soules in prosecution of none of their owne interests They fall unlamented unregarded while the contrivers of these mischiefes sit safe exposing others to the dangers grow rich while the impoverished Kingdome is reâ—dy to sinke under the burthen of its debts and are even wanton in our oppressions Since therefore the onely ground of this unnaturall warre is that His Majesty will not permit us to be lesse happy then our Ancestors choosing rather to suffer so many injuries and to expose His Royall Person to the dangers of open hostility then to wrong His Subjects and purchase safety or plenty by making such Lawes as private interests would force upon Him and the Kingdome Since He denyes nothing but the abolition of our good old customes which long experience hath confirmed to be extreamly beneficiall to this Nation Since they reject peace upon pretext it comes not accompanied with truth and meane by truth not the Protestant Religion as it is setled in this Kingdome and established by Act of Parliament but some moveable Creed the Articles whereof it shall be their priviledge to abrogate and to make it speake new doctrines according as they will suit best with their civill interests Since they fight not for certaine and knowne Lawes not for a certaine and knowne Religion that is not to restore but to take away and which is more intollerable that they may adde as yet they know not what It is evident the resistance now made is most offensive of the Subjects part and doth unavoidable incurre the Apostles sentence damnation FINIS ERRATA PAg. 2. lin 16. del p. 5 l. 12 read life p. 15 l. 26. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 17. l. 36. dele it p. 36. l. 20. for his r. your p. 42. l. 28. for not r. no. p. 77. l. 22. r. quod p. 86. l. 2. for the r. our p. 95. l. 2. r. whom p. 98. l. 11. for against which r. against which p. 123. l. 34. for eo r. to p. 134. l. 6. r. Grecian p. 135. l. 21. for not altogether r not altogether consonantly to p. 139. l. 15. for that r. the. ib. l. 34 for not be r. not to be p 158. l 17. inquiry