excellent constitutions and such kind of physicke proves the most dangerous disease Wherefore we must not fall out with our selves upon every distemper and presently thinke of altering our naturall habit lest we make our selves well only as dead men are so It may become State-doctors to take notice of Hippocrates his Aphorisme consueta longo tempore etiamsi deteriora insuetis minùs molesta esse solent It will concerne us in prudence to take that course which will convay to us the greatest goods and is the most probable way of avoiding the most evills And this I conceive monarchy is most likely to effect and I make no doubt the people would be of the same opinion Fallacie of unequall comparison if their affections had not beene craftily prevailed upon by that miserable fallacie of unequall comparison betweene a King not performing his trust and Nobles not failing of their duty as if the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or optimacie would warrant it whereas if they were put into a just ballance they ought to be supposed both good Greater hores in Monarchy greater feares in an Aristocracy or both bad and then a true judgement might be made of the mischeifes and advantages Then we should clearely discerne we have greater hopes under a vertuous King suppose both good and greater feares under a vicious nobility or Senate suppose both bad And besides there is one very considerable circumstance which ought to rule much in the decision it is much more probable we shall have a good King then a good nobility I take good in a politique sense for that only concernes the present dispute and understand it in this notion as providing for the peoples happinesse Because his interest is the same with that of the People which is strong State security Kings interest the same with the peoples that of Nobles divided from their happines whereas that of particular Nobles and much more of men of lower ranke where such are admitted is divided from the publique happinesse The Common-wealths of Greece will afford many examples of persons selling their Country and putting the great Councell upon ill attempts and labouring with their utmost cunning to frustrate good designes because their dependance upon a forraigne Kingdome or State was worth much more unto them then they could hope to gaine by honest service to their Country First we have greater hopes under a vertuous King because upon supposall that both be willing to promote the peoples happinesse Much greater happinesse in Monarchy yet he is more able to compasse that end by reason he hath a more united power and the execution of what ever designes depends but upon a single resolve and therefore may be managed with certaine closenesse and all convenient swiftnesse so that good counsells shall be first discovered in the effects whereas a great body moves slowly and most times the opportunity of doing is gone by while they are but halfe way in their deliberation Subjects living under good Lords or Senators such as value the honour of being esteemed worthy patriots above the advancing their owne fortunes or raising children or preferring friends subsidia dominationi or enriching kindred and these qualities rarely meete in the major part of an assembly seeme to me to be in the same state as children who have lost a father and whose fortunes by his care are left to Feoffees in trust these though extreamely honest yet by reason of necessary particular cares which more immediately concerne them and because they are many and so every one expects the rest will probably be carefull to performe this trust and therefore he may be spared and allowed to spend his time more advantageously in improving his owne estate especially this performance of faith to a dead man being a very barren vertue either the wages being payd before or else nothing allotted He presuming upon their goodnesse and frequent deep Protestations of loving his equall to themselves and thinking it an unworthy thing to set a price upon an old friends fidelity and so leaving it to be rewarded onely by heaven and the same honest care in others of their children These I say out of reall or very plausible hinderances are forced to neglect the childrens portions and the poore Orphans receive uncomfortable satisfaction They would have beene in much better condition though strangers in worldly affaires if wholely left unto themselves because their necessities would have quickned them whereas now their hands are tyed up from helping themselves and all they can contribute towards making themselves Masters of their owne fortunes is a fruitlesse impudence in vainely importunating the curators So is it most times in the government of many though understanding and good men which is a rare happinesse and yet no security against miseries because onus commune negligunt singuli what belongs to their common care frequently miscarries by particular negligences Secondly Greater miseries in Aristocracie we have greater feares under vicious Lords or Senators That is it stands with cleare and evident reason we should be more miserable living under many tyrants then under one The thirty tyrants of Athens and the Decemviri of Rome and that state variously oppressed sometimes by the Senate sometimes by the people and at length to prevent ruine cadens in sinum imperatorum Monarchy a more healthy constitution are examples of this sad truth That which makes a people out of love with monarchy is a contemplation of the miserable consequences of abused power whereas the government by Senate is more apt to degenerate and the oppressions under it are more intolerable As there are many advantages peculiar to Monarchy so there is not any one inconvenience to which a people living under an Aristocracy as to instance for the better understanding it under a Parliament as it is now mistaken for the two Houses challenging absolute obedience to their Ordinances without the Kings ratification nay against his plaine denyall by which they are null by the Law of England are not subject in a much higher degree Let us suppose a Prince to be lustfull or cruell or covetous or prodigall and wasting what might be imployed on the publique upon favourites The diseases of a Senate more violent If these vices are so grievous when confined within one brest to what height will our misery swell when they shall be scattered through all parts and be active in each corner of the Land Their wives and daughters may be safe by distance and live out of the reach of one mans embraces If his loose desires are so insatiable how can they weary those of so many Secondly it is more easie not to incurre the hatred of one whereas there are scarce possible wayes of complyance with so many crosse humours One will never fall out with all for he knowes he should have an ill match of it whereas the whole State may suffer by cruelty exercised by divided oppressors because each
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
hands of the people it concernes every man as much as his soule is worth for that will certainly be lost in those great sinnes of Rebellion Perjury and Murther sadly to examine whether to fight against the King be not to resist the Supreame Power to which God hath threatned damnation Every State hath a supereminent dominion or paramount interest over all particular men and what belongs to them and consequently hath full power to restraine the licence of resisting for the preservation of order and publique tranquillity That it should lay such an obligation upon all Subjects Non-resistance to the supreame power essentiall to the preservation of order there is evident reason because what the supreame power that is the State in order to those things wherein supremacy consists does is truly the act of all and none can have just cause of quarrell for dislike of what they themselves doe and moreover necessity inforces it Because without this the essence and being of a State were destroyed which is Order For this ceases if first and last be confounded and the Citie is dissolved into a multitude and that which should be one body becomes so many independent men The benefits which are conveyed to us by men in authority are described by Timothy 1. 2. 2. and he calls them the leading of a quiet and peaceable life in all godlinesse and honesty It is not imaginable how they should be enabled to compasse this end except some sentence be supreame from which it shall not be lawfull to appeale and consequently except that power which Law armes and which lookes to the execution of what is decreed be not to be resisted For if it should be indulged to us to change our Adversary and fall out with the Judge and as oft as we thinke we suffer wrong by his determination to take the freedome of righting our selves upon this ground that his duty is to give righteous judgement and therefore not satisfying that trust he is no longer a Judge then just his sentence ought not to be submitted to for we are not bound to be obedient to his will but law if he endeavour to put it in execution by himselfe or his malignant Officers though we kill him it is no fault because violence was offered onely to his person not to his authority which was none in this case because he judged against Law and that gives not power to its owne overthrow it is evident this principle makes our strifes and debates endlesse all our Lawes would be writ in bloud it breakes in sunder all the bonds with which the goodly frame of government is knit together and robbes us of our peace under Anarchy and confusion Out of this consideration the wisedome of all States hath thought it fit to secure the person or persons in whom the supreame power is seated by the strictest Lawes and most severe punishment which cannot consist with a liberty of resistance to the indangering his or their lives By the Civill Law a Souldier was cashiered not if he did strike againe but if he onely kept off some strokes and held the rod of a Centurion but if he broke it willingly or offered the least violence he was sacrificed to the Roman discipline and expiated his offence by death Certainly the people would have nourished in their breasts a greater reverence and more awfull respects towards Majestie if they had not beene ill catechized and taught that Dei minister est nobis in bonum He is the Minister of God might be construed the Peoples servant and that a King is but their creature and therefore in duty is bound to submit to his maker The truth is we finde it called by Peter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the people have a hand in it this cannot be denied but we have it in the same verse raised into a divine workemanship The King is Des Minister not the peoples servant not their creature 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 acknowledge your selves to be subject submit to the King or breake not order in which he is first or supreame for the Lords sake 1 Pet. 2. 13. The worke is taken out of their hands when they have contributed as much as they were able which was to give up their divided powers and unite them in him their act made him the fountaine of all that power which they had and by consequence the fountaine of all honour that alwayes bearing proportion to the former for to honour is nothing else but to testifie by our actions an opinion of so much or so great power in any one and therefore the same act is exprest onely in different words Feare God honour the King v. 17. If they had beene changed to honour God feare the King they had signified the same duty And therefore it is said Servants be subject to your masters with all feare v. 18. The worke I say is taken out of the peoples hands and God himselfe perfects it If it had stayed there if God had not pleased to adde to and finish it yet it had beene most true that no resistance were lawfull and evidently false that he were universis minor because he that hath supreame that is all their power is the representative all he is legally the whole people But the obligation of not resisting is infinitely more weighty if we consider him not onely as representing the people but as representing God himselfe The King Gods representative aswell as the peoples He hath given to him a power of a much higher nature a part of his dominion over the life of man The people could not agree together to dispence with Gods precept Thou shalt not kill nor distinguish shedding bloud with the sword of vengeance from murther Power over the life of man from God onely not from the people It was not possible for any man to give away a greater right over his owne life then he had Nemo plus juris ad alium transferre potest quà m ipse habet and he had nothing to doe in the disposall of any others and therefore except killing a mans selfe be lawfull the people cannot enable the Magistrate to take away their lives Hence it followes though that be lamentable Sophistry in many respects Quicquid efficit tale est magis tale urged to maintaine a cleare contradiction that Subjects are above him whom they have placed over them yet if it were sound reason it were a very impertinent argument because it proceeds upon a false supposall that the people should efficere talem Because jus gladii to beare the sword innocently and to cut off offenders without deserving greater punishment then they inflict by transgressing against Gods knowne will Vindicta mea ego retribuam Vengeance is mine I will repay saith the Lord must referre to God as the author Magistrates are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gods Delegates and not the peoples 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gods Ministers his revengers or as
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
an unheard of co-ordination such as creates Regnum in Regno and rents this Country into distinct Kingdomes shall be refuted Since what is called mixt Monarchy cannot give such a right as is pleaded for that Subjects should be free to wage warre against their Prince because this liberty makes two independent States which are not compatible in one body but would be as really distinct Kingdomes in England as Spaine and France are I will endeavour to declare the true meaning thereof If we speake properly there cannot be such a thing as mixtum Imperium a mixt Monarchy or mixt Aristocracy or mixt Democracy Because if there are divers supreame powers it is no longer one State If the supreame power be but one that is that authority unto which Le dernier ressort de la justice the last appeale must be made and against whose sentence though unjust we have not any legall remedy this must be placed either in one man who is the fountaine of all jurisdiction and then it is a Monarchicall government or in some Nobles and then the Regiment is Aristocraticall and the sentence of the major part of them becomes Law to all effects whether concerning our goods or lives or if the civill constitutions of a State direct us to appeale to the people this is an absolute and true Democracy By a mixt Monarchy therefore not to quarrell about words nothing but this can reasonably be understood that it is not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wherein the will of the Prince publiquely made knowne gives the Law Quodcunque Principi placet legis habet vigorem but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a government not arbitrary but restrained by positive constitutions wherein a Prince hath limited himselfe by promise or oath not to exercise full power This grant is of force because any man may either totally resigne or diminish his rights by Covenant Hence it is that in Monarchies all Kings have supreame power though they have not all the same jura Regalia their prerogatives are larger or narrower according to their particular grants For example our Kings have retained to themselves the rights of coyning money making great officers bestowing honours as Dukedomes Baronies Knighthoods c. pardoning all offences against the Crowne making warre and peace sending Ambassadors to negotiate with forraigne States c. and they have restrained themselves from the use of that power which makes new Lawes and repeales old without the consent of the Lords and Commons in Parliament as likewise from raising money upon the Subject without their consent Some doe aske How are we the better if we must suffer him to breake this Covenant as oft as he pleases it is the same thing not to have any Lawes and not to have provision for the observance of them First Difference betweene arbitrary rule and government restrained by Law notwithstanding hostile resistance unlawfull though in case of violation I must tell you this objection is answered by shewing there is a necessity that some body must be trusted It is no discretion to prevent a possible mischiefe by probable inconveniences if you will not trust one you must trust more that is if you are weary of Monarchy under which your fore-fathers enjoyed happy times and experience cannot cozen you though arguments may you know the way to cast it off by placing so many guardians over your Prince but have you any greater assurance then before Quis custodiet ipsos custodes They have as great temptations to faile their trust as he had and it is likely being warned by such a president of deserting your naturall Prince they may feare your inconstancy and upon pretence that you are subject to mistake and because they suspect you may be willing they will take such order you shall not be able to call them to an accompt But suppose this may not be and that those who suppresse Tyrants or perhaps excellent Kings under that name may not be frighted with their owne example to make use of their present power to exercise a greater tyranny for it is not impossible they should grow jealous too and tell you plainly they have no reason to trust you If you deny them money here is ground of diffidence your designe is to expose them to poverty so to contempt so to ruine But suppose I say nothing of this but that they will be secure amidst your jealousies which manifestly endanger their safety yet you will be forced at last to trust the giddy multitude who are alwayes weary of the present government because there are still some unavoidable defects and these are discerned by sense and they have not such depth of understanding as to foresee greater mischiefes which can onely be judged of by reason and therefore are easily perswaded to attempt a change so that your peace is built upon a very weake foundation you have no better security against a civill warre then that the greater part of the people will be discreet If things prosper not according to their wishes crafty men perswade them the fault lyes in those who have the managery of the publique and if these be not removed and honest and wise men meaning themselves put in their places their miseries will daily grow upon them A generall accusation of ill affected malignant persons wicked Counsellors is cause sufficient to out their supposed enemies of all preferments and put their pretended friends in their roomes This opens a gap to all confusion civill warre and most unnaturall distractions are the certaine issue of it Our owne lamentable experience confirmes this sad truth After you had obtained a perfect confirmation of all your ancient rights and liberties with a gracious enlargement of them by new grants and with such security as your fore-fathers were not acquainted with you are frighted with the possibility of a relapse To prevent which it was thought fit to take away the Kings power with which our Lawes had invested him as the necessary meanes for our protection because it was not impossible he might use it for our oppression Accordingly the Kings Navy His Forts Magazines and the Armes of the Kingdome are put into such as you would call safe hands I doe not aske with what conscience but with what judgement you did this The want of prudence was as great as that of honesty what hath beene the successe of confiding in those whom the Lawes had not intrusted are not your sufferings infinitely multiplyed are you not extreamely sicke of your remedy The tables are quite turned and your friends have undertaken the same bad game and play it much worse you onely make the stakes and are in a probable way to loose all that you have What one thing did you complaine of which is not exceeded by them your grievances are highly improved Magna Charta and the Petition of Right are now malignant they speake not the sense of the House but take part with the King To quote our
bloudy villaines by whose hands the two French Henries fell might have made the same plea for their execrable murders If they had not come in their way which they might have avoyded by locking themselves up or by some other meanes they had not beene killed by them But he implies a desire and beseeching him not to be there but to withdraw himselfe If the King had as full right to be there as in any other place within his Kingdome they may with the same reason justify the murder of him if he will not be intreated to keepe such company only as they shall allot to him or to leave his Court or creepe into an oven The Author extreamely contradicts this duty before professed in the name of all of flying or passive obedience and layes downe a most desperate conclusion which dissolves all governement and makes Anarchy legall Upon suppossall that Parliaments taken in the onely true sense for King and Lords and Commons should degenerate and grow tyrannicall I confesse sayes he the condition of such a State would be very dangerous and like to come to confusion particular men could not helpe themselves and the whole State marke how he fancies a whole State when opposed to King and Lords and all the Commons representatively what can this State be but such a number of particular men who he saith cannot helpe themselves ought to suffer much before it should helpe it selfe by any wayes of resisting but if you can suppose a Parliament so farre to degenerate as they should all conspire together all in Law are the major part of both Houses with the Royall assent with the King to destroy the Kingdome how unreasonably he expresses a supposall of being wonne to satisfie private Interests by making prejudiciall lawes to the Subject in generall let him translate the scene into Ireland and he may thinke the supposition very possible and to possesse the lands and riches of the Kingdome themselves not all but in an unequitable proportion in this case whether a law of nature would not allow of standing up to defend our selves yea to reassume the power given to them this is a cleare confession they parted with their power to discharge them of that power they had and set up some other I leave to the light of nature to judge Object But you will say this cannot be because the higher powers must not be resisted by any Answ This is not properly to resist the power but to discharge the power to set the power elsewhere They daily improve their principles and now professe plainely what understanding men did before collect from their grounds that it is lawfull not onely to depose a King but even the Parliament He is very apprehensive he hath spoken out and it is very strange the Committee should order this doctrine to be published I know sayes he this will be cryed out of as of dangerous consequence wherefore God deliver us as I hope he will for ever making use of such a principle pag. 133 134. They confesse generally they are bound to defend the Kings person and if they should say otherwise we have their oathes and solemne protestations against their words witnesse the 23 day of October which may require an Annuall gratitude for the great deliverance both of Church and State in the preservation of His Majesty whether they did according to the information of their owne consciences All the answer I can meete with carries this sense which I will expresse in Mr Burroughes his words As for the Kings person is it not the profession of the Parliament to defend it pag. 112. and againe why doth the Doctor speake of stretching forth the hand against the Lords Anointed who endeavours it doth not the Parliament professe the defence of the Kings person pag 120. Hence it appeares they know their duty the question is whether they performed it who directed their Canon more especially against His sacred Majesty which they cannot esteeme an accidentall thing who are not ignorant of that treacherous advertisement which Blague gave in to the Earle of Essex in what part of the battell the King and Prince were that they might at one blow cut off our present happinesse and future hopes I desire onely that their eares would not hang in their eyes and that men would not beleeve authority against sense I shall onely say most miserable is he who condemneth himselfe in that thing which he allowes and practises Exc. Tyrant is opposed to King and they are incompatible Answ If they understand tyrant under this notion as an usurper this is very true but nothing pertinent for there is not any just scruple but those may be turned out by force according to law who come in by force against Law as in the case of Athalia destroyed by Jehoiada whereby Joas◠who had true title was established in the throne But if they meane as they doe if they would conclude for themselves a King having right to governe and proving a wicked or weake Prince it is false that this Tyrannus cum titulo the Lords Anointed though he abuse that power for Chrisma domini this holy oyle onely excludes usurpation and includes a just title onely and not either the Orthodox religion or goodnesse or prudence is opposed simply to a King but to a just or wise King As therefore his right to the Crowne is not founded in his divine or morall vertues but in a lawfull succession so neither can contrary vices dispense with any to depose him or lift up their armes against him This will be evident if we consider what kinde of Prince he was to whom Saint Paul writing to the Romans forbad resistance for conscience sake It was Nero in whom very happily this position might be inforced to the height and yet all their exceptions are determined invalid Notwithstanding his Idolatry his oppressing his Subjects by strange cruelties and persecuting the Saints Quae divisa tyrannum Efficiunt collecta tenens Yet the Apostle commands not to resist even him upon paine of damnation Our or rather Saint Pauls adversaries seeme to object durus hic sermo this is a hard saying The Law of Nature allowes selfe preservation the people made Nero Emperour by their consent for usurpation can give no right and therefore are more powerfull then he for Quicquid efficit tale est magis tale The people may be without the Emperour the Emperour cannot be without the people It is not probable the safety of mankinde should depend upon the lust of one man c. I shall answer with the Civilian who teacheth us to obey and not dispute even humane constitutions Quod quidem perquà m durum est sed ita lex scripta est L. prospexit D. qui à quib It was Gods pleasure so to order humane affaires Such Christian submission doth most commonly produce peace and plenty in our streets and is the mother of many goods but if the abuse of power should bring
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
that trust committed to Him by God and the Law for the benefit and protection of His people He is desired of signe the Bill for abolition of Episcopacy that which acquainted this Land with Christianity and to diminish the Rights of the Church and take away Ecclesiasticall revenues that He may be remembred in story as the unfortunate instrument to pull downe what the charity of many ages hath beene building and to destroy many pious Monuments and glorious testimonies of our forefathers christianity and to ruine what the devotion of our godly Ancestors hath contributed for the encouragement of learning and advancement of Religion To say nothing to the politique part how the Ecclesiasticall and Civill State are so interwoven that the foundation of the whole may thereby be shaken and how there are very good reasons to suspect a Presbyteriall Government will prove extreamely prejudiciall to Monarchy I shall speake only to the religion of this request And first I would willingly know whether there be such a sinne as wee have hitherto used to call Sacriledge so severely punished upon the Heathens the violation of things dedicated to false Deities being notoriously revenged by the true God and so extreamly abhorr'd by all good Christians in former ages and then whether Magistrates have any dispensation to commit Sacriledge innocently by which private men incurre a lasting infamie and eternall damnation Secondly I would willingly be satisfied in this Quaere whether the King having sworne to preserve the Rights and Immunities of the Church intire can innocently consent supposing Him fully informed in the nature of that right which belongs to His Clergy for the most religious Prince may be subject to mistake to lessen or abrogate them except released by the consent of that Body to whom He is obliged This poynt rightly stated I shall only offer it to be seriously meditated on without any peremptory determination may confirme the Lands of the Church for the future to the great improvement of our civill happinesse For besides that wee might reasonably promise to our selves a blessing from the Almighty if wee shew our selves as carefull to setle those Rights which tend to the advancement of his worship by a firme establishment of a certaine and honourable maintenance for his more immediate servants as wee are justly sollicitous to secure our secular interests by making provision that no mans Rights shall be alienated without the owners consents a great temptation and that which seemes to have the strongest influence in all attempts of innovation would thereby be cut off the hopes of repairing their decayed fortunes with the spoyls of the Church Wee shall find in stories that most of those stormes which disturbed former calmes and by which this Kingdome sundry times hath beene miserably shaken were raised only with intention to sinke the Church by such as promised to themselves considerable shares in the wreck Some answer He is equally sworne to the observation of Lawes but these He may alter with advice of both Houses Thus one I doe not conceive Him more bound to defend them by His Oath then the rest of the Lawes enacted any of which when the Kingdome desires should be abrogated I hope is done without perjury That which is commonly called the Lawyers Answer to D◠Ferne. p. 31. This doth by no meanes take of my scruple because His Oath to defend the Lawes enacted is made populo Anglicano to His people and so as all other promises by consent of the partyes to whom a right was transferred may be and really is forgiven by them represented in Parliament to that purpose But this other Oath is made to such a part of His people Clero Anglicano and particularly taken by Him after His Oath to the whole Realme which were needlesse except it meant some other obligation This seemes to prove it a distinct Oath and not releasable without their consent Upon the same grounds that these Rights are pleaded voyd if Voted downe notwithstanding they to whom they belonged expresse not their will to part with them the strongest security England can give is weakned and discredited that is the ingagement of the Kingdome to repay such sums by consent of King and Lords and Commons which and which only is publique Faith In such a case can the City be Voted payd except they willingly release the debt if they should be told their rights are not stronger then lawes but these are made null at the desire of the Kingdome in Parliament they would soone apprehend their logique to be extreamely faultie and it is probable they would maintaine that the representative Kingdome in Parliament cannot dispense with the Kings obligation to a particular body of His Subjects in whom alone the power of releasement doth lye He is desired to nominate such Officers to manage the great affaires of state as they shall confide in that is to yeild up His undoubted right happily enjoyed by all His Royall Progenitors into their disposall and to determine His choice by arbitrary feares If they will confide in those whom the lawes doe not distrust the King hath satisfied even this request for he will not preferre any against whom they can bring just and legall exceptions But he thinks it no good argument to induce him to turne able honest Ministers who may challenge from His accustomed goodnesse that priviledge of quà m diu se bene gesserint meerly because others desire to have their places They themselves would conceive it very hard usage to be put out againe upon the same title when no legall exceptions were produced against them and therefore they presse His Majesty to secure them when once in by law and yet will not permit him to be ruled by their advice out of equity and to continue His favours to those men who by a faithfull discharge of their places have shewed themselves worthy of that trust if it will be reasonable then it is so now to encourage faithfull servants by making their owne offences only and not other mens feares the rule by which they shall suffer Nemo illis sic timere permisit They might as well tell the world in plaine english but that advantages are still made of the peoples blindnesse except the King will grant such preferments to us and our favorites for let Him nominate whom He will they will never confide unlesse He guide His nomination by their instructions who are to approve them and the truth is when they have gained one He hath reason to request them to take the other for they will save Him the trouble of naming in vaine and He may thereby conceale His hurtfull affection and not expose His best friends to dishonourable repulses except wee may be Patrons they would once have been contented to be onely the present incumbents and suffer Him to retaine the right to bestow them freely for the future time wee shall never indure peace and yet wee must be forced to cast the envy of so
THE VNLAWFVLNESSE OF Subjects taking up Armes AGAINST THEIR SOVERAIGNE in what case soever Together with an Answer to all Objections scattered in their severall Bookes And a proofe that notwithstanding such resistance as they plead for were not damnable yet the present Warre made upon the King is so because those cases in which onely some men have dared to excuse it are evidently not now His Majesty fighting onely to preserve Himselfe and the rights of the Subjects Printed in the Yeare 1643. The unlawfulnesse of Subjects taking up Armes against their Soveraigne in what case soever §. 1. HE that will endeavour to make the yoke of government more easie by setting a people loose from the restraints of positive lawes upon pretence The cause upon which men are mis-led to a desire of Innovation they may justly use their native liberty and resume their originall power if civill constitutions which were agreed upon for their good be not effectuall to that end but prove disadvantageous to them shall be sure to meet with many favourable Readers Because the greater part of mankinde as in other matters so in this present case are easily prevailed upon to make a truce with conscience and eagerly to prosecute what appeares most profitable And the chiefest cause of our miseries is that they do not rightly apprebend what is truely advantageous For States are framed upon a sinister opinion of men they suppose most as it doth commonly fall out will be dishonest yet if they be not unwise and suffer themselves to be carried on as against conscience so against interest also a Kingdome cannot want plentifull meanes of subsisting of flourishing The ground of these unhappy mistakes which makes them advance publique ruine wherein all single men will be lost while they are vainely encouraged by deceiving hopes of being private gainers can be no other but this They rule their actions and desires but by one syllogisme and looke upon the immediate consequence which is a satisfaction of some particular ends and serving some present turne and have not ordinarily so much depth of understanding as to be able to discerne the future evils which will inevitably spring from the same fountaine They are not capable of that good counsell of Polybius Non tantùm praesentia spectare sed futura prospicere quis exitus inde futurus sit The bait onely is visible to most and accordingly the reall goods which are promised by innovation for no government being free from all evill therefore every proposall of change is easily baited with some good are entertained with delight but once unwarily swallowed they become hookes in the entralls It happens to most men that they behold the children as of their bodies so of their opinions but the grandchildren of their tenents Caliginosà nocte premit Deus Nepotes discursus The further removed consequences though allyed in a right line they have not strength of reason to discover Quisque nascitur liber 1. False because all are subject by nature to paternall power and consequently to the supreame Magistrate to whom divine law confirmes the severall powers which Fathers resigned up 2. If true it concludes not for them because out naturall liberty is restrained by consent To instance in two maine principles by which the seduced multitude hath beene tempted to catch at empty happinesse and thereby have pulled upon themselves misery and destruction The first is a doctrine craftily instill'd into the mindes of the people upon no other foundation then a mistake in the meaning of true and profitable liberty that the law of Nature doth justifie any attempts to shake off those bonds imposed upon them by Superiours if inconvenient and destructive of native freedome the fallacie of which is easily discerned by understanding men It is true if we looke upon the Priviledges of Nature abstracting from paternall dominion Freedome is the birth-right of mankinde and equally common to every one as the Aire we breath in or the Sun which sheds his beames and lustre as comfortably upon Beggars as upon the Kings of the earth This Freedome was an unlimited power to use our abilities according as will did prompt The restraint of which would questionlesse have beene very grievous but that experience did demonstrate it was not so delightfull to do what ever they liked as it was miserable to suffer as much as it pleased others to inflict The evils which flow from want of Government For any that was stronger then his neighbour had it in his power to hinder him from injoying the benefits of liberty nor yet could the most powerfull man among them take any extraordinary comfort in this as yet hostile State because his minde was distracted with continuall feares since there was not any so contemptibly weake but that if he despised his owne life or desired to enjoy it with more uncontrolled pleasures he might make himselfe Master of any other mans though not by force yet by subtilty and watching advantages or at least a few combining might destroy the strongest and might be tempted so to doe for their fuller security This was their unhappy condition amidst feares and jealousies wherein each single person look't upon the world as his enemy and doubted as formerly Cain when he was excommunicated and cut off from the civill body lest the hand of every man might be upon him and to this confusion the disturbers of this State endeavour to reduce us not that this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 want of order most hatefull to God can be pleasant to the most wicked man but as knowing the effect of it an insupportable and generall calamity will quickly unite multitudes into a people again and force them to restore some government and they may hope in a new compact to gaine a greater share in the rule then their ambition hath beene able to force from the setled Kingdome I will adde the unavoidable occasions of quarrell extreamely opposite to the prime dictate of nature the preservation of themselves and to the meanes which conduce thereto a peaceable injoyment of the comforts of this life For whilest every one had right to all no body could with safety make use of any thing since when some would take to themselves what others delighted in their desires and right being equall there was no title but that of greater force which could determine to whom it ought to belong and this could not be knowne but by fighting and this right reason abhorred as by which men would either be exposed to famine in the midst of plenty or else be forced daily to hazard the losse of their lives out of a naturall desire of conserving them The sense of these calamities quickning their understandings to finde out The remedy of those evils civill unity easily prevailed with their wils to entertaine a remedy of so great evils which manifestly proceeding from division the ready cure was to make themselves one because no body is at
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
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
ordinances The King might as well presse the Commons to consent to what he and the Lords shall thinke fitting because otherwise they void the Parliament for it is of no use if it may not be active without their assent which they resolve not to passe This constitution of the negative voyce in either of the three estates was made in favour of the present governement the goods of which were knowne by experience that no innovation the evills of which are hardly discovered before tryall might be introduced without a joint consent of all three The whole Kingdome is greater then the King Answ If they meane by whole Kingdome both King and people it is very true but nothing pertinent for it onely signifies that the head is not so great as it self and the rest of the body But if they understand as they must if they meane to conclude any thing the body in opposition to their Soveraigne it is false that universitas subjectorum est major Rege The same reason which makes him above one makes him above two and so above ten so ten thousands so ten millions of thousands for their assembling together doth not dispense with their duty of alleagiance many or few alters not the quality of the act an universall revolt from a lawfull Soveraigne is equally Rebellion as a particular defection of one or more Countyes The Orators art is much used in these unhappy times 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 misdemeanors were once raised into high Treason and now evident treason is lessened into necessary defence That rhapsody of quotations intituled the treachery and disloyalty of Papists to their Soveraignes c. brings a very merry plea to take them off from being Traytors The stat of the 25 Edw. 3. c. 2. runnes in the singular number if a man shall levy warre against the King c. it ought to be judged high Treason therefore it extends not to the Houses who are many and publique persons p. 31. If he had sadly considered how deeply conscience is ingaged in the present warre against the King he would not have endeavoured to seduce so many into Rebels and make them forfeit their soules upon such pittifull subtilties If forraigners should inquire under what kind of government wee live the answer must be wee live over a King Certainly they will much wonder at the unnecessary humility of the Houses they challenging to themselves superiority as the representative all and conclude them very great Courtiers who in their addresses to the Prince their Subject stile themselves His Majesties most loyall and faithfull Subjects the Lords and Commons in Parliament They will shrewdly suspect if Majesty be His due that Supremacy is so also while Rome was a popular State the supreme dignity being in the people was expressed by majestas populi Romani and after when they had resigned up their power to Emperours it was changed into Augustalis Majestas taken for the person of the Emperour Câ—ubi apud quem l. cum scimus or Imperialis majestas C. de quadriennii praesc I bene à Zenone and so Keyserlich Maiestaet at this day for the German Emperour The custome of petitioning him and such humility in the title of their addresses and the preface suppose it should reach no further yet it cannot be wholely taken of by the imperiousnesse of the matter Some of that side seeme to be scrupled at it and therefore plaine scottish tells you they hold Declarations to be more sutable to the soveraignty of so supreme a Court whose power is coordinate with Princes wee must hold superior then petitions I have proved in a former discourse that the King is supreme head not in respect of single persons but the universitas subjectorum For this is comprehended in body politique compact of all sorts and degrees of people which is sayd to owe next to God a naturall and humble obedience 24 H. 8. c. 12. And it is evident that hee is not the head of this or that man but of all the members in conjunction of the whole body for else he would be the head of millions of bodies and by consequence have as many distinct Kingdoms as particular Subjects It is needlesse to multiply quotations as the 25. H. 8. 21. This your Graces Realme recognises no superior under God but only your Grace or Queene Elizabeths publique declaration that shee had next under God the highest and supreme government and power over all Estates of the Realme of England Ecclesiasticall or Temporall Camd. hist pag. 31. I will summe up the reasons in briefe which prove that the King is not minor universis First if the Houses are above Him He hath no right of Empire upon them because inferior in superiorem non habet imperium but this is false for they are subject by Law to His commands when he bids them come they are bound to come and when he bids them goe they are bound to go that is when he calls them by his Writ they ought to attend praescriptis die loco and he prorogues the assembly or dissolves it when he thinks fitting It is no prejudice to this right that he was graciously pleased to restraine the exercise of it in this present Parliament without their consent to the end those vast debts which were brought upon this Kingdome might be discharged and in order to that good security might be given to such persons as were willing to ingage their estates for the benefit of the common-wealth I will make no advantage by urging their abuse of trust by which they were enabled to take off that great burthen which they have made infinitely more heavy and whereas they might in short time have eased this State our debts hourely grow upon us and the Subjects estates are but the fuell to feed that fire which sensibly consumes this unhappy Nation Notwithstanding they have deceived both King and people yet His Majesty cannot satisfie Himselfe in their Logique and suffer Himselfe to be perswaded he may lawfully reassume His right because they doe contrary to trust Though the perpetuity of this Parliament was never intended and it hath beene of most pernicious consequence yet the King will not allow Himselfe any liberty to dissolve it against law upon most reall good intentions Because the president is full of danger and though in the present case it would be used for the benefit of His people yet hereafter it probably might be abused to their greater disadvantage Secondly the division of all persons in this Land is into King and Subjects liege Lord and liege people and therefore they must be placed in the latter ranke It is a strange phansie to abstract the body politique from all the particulars whereof it is compacted and to salve the Oath of Allegiance by telling us the universe or body politique never swore alleagiance or supremacy to the King neither is it possible it should Reply to answer to
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