even to this day though now violently invaded by Subjects through vertue of an Ordinance of which no times can afford a president and all Subjects of what condition soever were bound to doe homage and beare fealty to him which was inconsistent with taking up Armes against him That he might sweeten their subjection Quaedam jura pactis minuit he restraines his absolute right by compact bestows some liberties some priviledges upon the people who commonly nec totam servitutem pati possunt nec totam libertatem and these Acts of Grace he confirmes unto them by such security as should not endanger his person nor regall authority that is by promise and oath and not by giving to his Subjects legall power to un king him if he should not performe covenant knowing full well that though hee should not really breake it yet a pretence he did so might upon the first opportunity create a civill warre and therefore his Subjects had as little reason to accept as he to offer so pernitious security as would put both parties in farre worse condition for if Rebellion should be allowed in any case that case would be alwayes pretended and though the Prince were just and wise and religious yet ambitious men to compasse their owne ends would impute to him oppression weakenesse and that notwithstanding his exemplary practise in his publique devotions to the contrary he did but handsomely dissemble and favoured a false religion in his heart The method of that Rebellion in the reigne of Henry the third which made France extreamely miserable is very observable A factious party of the Nobility and Gentry a seditious party of the Clergy and an unfortunate party of the seduced Commonalty entred into a holy league against their lawfull Soveraigne upon pretence he was mis-led by evill Counsellors and favoured the reformed doctrine notwithstanding he was even superstitiously strict in his devotions in conformity to what the Roman Church enjoyned When potent Armies were raised ready to swallow him up yet out of a vehement desire to undeceive his people and to discover to the whole world the ungrounded malice of his adversaries in such unreasonable imputations he refused the honest assistance of faithfull Subjects because Protestants to his owne and their probable destruction Many of King Williams Successors did inlarge the Subjects Priviledges by divers Acts of Grace which they swore to maintaine but never gave them such security as should alter the nature of Monarchy by granting authority to their Subjects to force them to observe promises and to make satisfaction for true or fancyed violations Hence it appeares that the originall was conquest as it is of almost all the Kingdomes in the world which occasionally conveyed to him full right because they yeilded themselves and consequently what they had to the Victor the Lawes which he or after Princes made for the benefit of the Subject were severall limitations of this right and therefore where Lawes cannot be produced to the contrary there the Kings power is absolute and no speciall cases can be determined by the Subject to the Kings disadvantage The moderation of his power was by his owne compact which he could not violate without injustice yet the breach of it could not indanger his personall safety because he gave no jurisdiction to his Subjects to force him by strong hand to doe them right and if he had done so he had made himselfe in such cases their subject What ever we can claime as due now is by vertue of the Kings grant and therefore it is said by Hen. 3d in his ratification of the great Charter We have granted and given to all the free men of our Realme these liberties 9. H. 3. The whole Land was the Conquerours he gave part of it as a reward for their service to his Normans and other parts to the ancient Inhabitants and their heires after them yet so as he altered the tenure and made it descend with such burdens as he pleased to lay upon them They hold them but in fee and therefore are bound to certaine services and to doe such and such duties upon paine of forfeiture in case of Treason and Rebellion their lands are his owne againe and returne into his disposall If Subjects breake their Covenant and prove disloyall all their rights are forfeited by expresse Law if Kings breake their compact no forfeiture followes The reason of this inequality is because the King gave Law to the Subject the Subject did not give Law to him Exc. Another exception is If a King exercising tyranny over his people may not be resisted he and his followers may destroy the Kingdome Answ This is easily satisfied if we consider in what condition we were when conquer'd and how that to avoid a certaine ruine for he might have rooted us out for his better security and planted this Land with his native Subjects we submitted to an onely not impossible that is a most extreamely improbable destruction For it is an unheard of madnesse that a King should be such an enemy to his owne interests It is in our power to kill our selves and yet we are not affraid of our selves because there is a naturall dearenesse implanted in us which secures every one from selfe-wrong we have as little cause to be troubled that it is in his power to make himselfe no King by destroying his Subjects The King perishes in the ruine of his people and the man onely survives exposed to the hatred and scorne and revenge of mankinde Sint quibus imperes is a strong antidote against this unreasonable feare Secondly no policy can give an absolute security we must trust some body by which a way lyes open to a possible mischiefe but many most probable and certaine inconveniences are thereby avoided Thirdly we have good grounds to rely upon divine providence if we doe our duty for the hearts of Kings are in the hand of the Lord he will put a hooke into the nostrils of Tyrants and though we may be chastised for a tryall of our patience or punished for our sinnes yet he will not permit them to bruise his children to pieces Exc. We are bound by the naturall affection we owe to our Country to be active in restoring it to happinesse by removing such a curse from the land Answ We must not doe evill that good may come of it Some reply this precept obliges private men not Magistrates especially aiming at not any particular but the publique good a pious intention to advance this excuses from sin Certainely it will concerue all such as meane to goe to heaven they may as well tell us Magistrates may lawfully steale or commit adultery if they sin for the Common-wealth that is plunder in hopes to finde letters amongst malignant goods or lie with other mens wives to unlocke their brests and discover such secrets whereby they may more easily cut their husbands throats as being in their Catalogue of evill councellours or enemies to
place him It is high time to make particular application of the former discourse concerning the originall of government and by a distinct state of it to give light to all which followes Non est potestas nisi à Deo True state of government in generall with application to that of this Kingdome saith the Apostle Rom. 13. There is no power but of God that is the right by which the Magistrate governes and all the jurisdiction he exercises is derived from divine ordinance This may be conveyed either immediately as amongst the Jewes when God designed the person which now no State will pretend or else mediante populi consensâ—… the consent of the people intervening and this two wayes either by a free election upon hopes from his extraordinary goodnesse or by conquest attended with a voluntary submission upon feares from his extraordinary power that he may be willing to protect who was able to injure whether of these motives presented the person is not certaine in the first times but it is cleare their Empire was absolute I exclude not the bounds of justice according to the Lawes of right reason and equity usually knowne by the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in which arbitria principum pro legibus erant Though this continued long in the world and the Easterne people enjoyed a great measure of happinesse under it and therefore with great reason to use the expression of Tacitus addictè admodum regnabantur they were subject most devoutly yet the sense of some sufferings as the fate of humane things is interwoven with a mixture of good and evill suggested a remedy which was to bound his power within the limits of positive Lawes From hence proceeded the different qualifications of Regall power in severall Kingdomes Some though restrained by Lawes yet were truly Monarchs 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being not responsable for any breaches as supreame though not absolute others had the name and title of Kings only but were subject to a superiour jurisdiction as Theseus to the people the Spartan Kings to the Ephori It is not necessary to determine that question whether the frequent debates about the not observation and the breaches of these agreements which a discontented part of the people challenging the liberty of being Judges in this case and the King thinking he had as much right did produce civill warres and most unnaturall distractions have not heretofore and will probably hereafter make States more unhappy then they were even in their worst times and when they suffer'd most under the abuses of one mans power whilest there was though sometimes an unjust yet alwayes a certaine way of ending controversies when a sentence if it did not finde yet made a right and res judicata pro veritate accipiebatur To decide this I say is not altogether necessary because the obligations which lye both on King and people have their strength from this not that he might better governe the people in such or such a way but because this particular government is established by the consent of both parties their wills give the forme to the regiment and not the conveniences of it To come nearer home and grant as much as reasonable men and those which understand the nature of government can require For I thinke they doe ill service to the cause though with good affections who out of a desire to make it more firme and stronger place it upon any other then the naturall foundation and that which is onely fit to support it and take the rights which God gave to the Kings of Judah for the measure of all regall authority which if they were all Kings would have equall power but this evidently varyes according to different Lawes and is more or lesse according to severall constitutions That which is pleaded for in this discourse as common to them and our Kings is onely jus regni the right of Monarchy not to be accomptable to any inferiour jurisdiction I shall not deny a Kingdome may be so constituted but then it is no Monarchy that upon a reall breach of such or such conditions named in the compact and a forfeiture being expressed the sword of Justice may be taken up by some Magistrates appointed by law as the Ephori amongst the Lacedaemonians or by the people as at Rome when the last appeale did legally lye unto them for it did not alwayes as when a Dictator was created he was the whole people for six moneths and though the time of his reigne was limited his power was not bounded he was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 accomptable to none for what he did in his regency no not when a private man again and so under the Emperours as appeares by the Lex Regia quoted by Vlpian which transferred all the peoples power upon him L. quod D. de constit prin A mistake upon this hath seduced so many of the Kings Subjects into Rebellion For because it is made appeare a State may be so established and they are induced to beleeve it is more reasonable it should be so established upon these premises they conclude most inconsequently that our State is so established and in the strength of this fight against His Majestie and did their best to kill Him contrary to Gods ordinance applyed to our civill constitutions and repugnant to their owne oath in which they swore to be loyall in reference to His Person and that they would defend His life with their utmost power That a Kingdome may be so established a considering man will not gainsay If the State of Venice should call their Duke King this new name would not convey any new power into him Election or succession cannot rule the case for an elective Kingdome may be conferred absolutely as will appeare in the Roman Empire and a successive may be subject to forfeiture if this be exprest in the Covenant For succession is not a new title to more right but a legall continuance of what was first gotten 2. That it is more reasonable so to establish a Kingdome that the Prince shall be accomptable to a higher power either placed in some Magistrates or in the people and then by the way it is not a Monarchy but either an Aristocracy or a popular State though this be very false yet if it were true it cannot justifie this warre now undertaken as things are ordered in this Land against the King Because Policy is no dispensation against observing knowne Lawes and we may not destroy our Governours out of reason of State Machiavell must not give Law to the Gospell If we might challenge such liberty there were not such a thing as Justice our oaths would be of no force against Interest profit should be the measure of our actions and we must conclude all right what ever was advantageous Since then not such persons as they could better fancy but those onely whom the Law hath consided in and enabled to that end can put Armes into the
the froward For this is thank-worthy if a man for conscience towards God indure griefe suffering wrongfully For even hereto were you called Because Christ also suffered for us leaving us an example that yee should follow his steps who did not sinne neither was guile found in his mouth 1 Pet. 2. The case of resistance is here inforced as highly as favourable circumstances can raise it The case of resistance inforced with greatest advantages yet condemned and when the most plausible limitations are put in yet it is concluded unlawfull we must submit as Christ did though we should be as innocent as he was and though vires non deessent wee were sure to make good our opposition for he could have summoned an army of Angells in his defence wee are bound to submit not only to justice but to injuries also and to be obedient as to good and gentle masters so likewise to the froward to bad as well as good Kings their failing of their duty not licensing us not to performe ours nor dispensing with our loyalty This is evident because the reasons annexed equally inforce this duty in Subjects as in Servants Though liberty be our birthright yet it must not be made the cloake of sin it takes not off those bonds with which God hath tyed up our hands from fighting against the supream power No lifting up private swords against the sword of justice ours against Gods weapon Deus resistet wee shall have an ill match of it It is well worth our observation that though the Apostles maine worke was heaven yet they are very sollicitous to settle our quiet upon earth by enforcing obedience unto government Saint Paul delivers the mind of God most fully most plainely He could not have expressed the duty of Subjects more punctually if he had lived in these last and worst times wherein his doctrine seemes a kind of tame folly as once much learning now much Religion hath made him mad Our Saviours prophecy is fullfilled of faith failing amongst men they thinke it unreasonable to be bound to submit to certaine present evills out of hopes of future good and to be abused by bad Magistrates upon expectation to be righted hereafter charity waxeth cold it must no longer be ranked amongst Christian duties to preferre publique good to private interest the peace of the Church and tranquillity of the State to our owne profit or safety No we must stand fast in the libertie wherewith Christ hath made us free We are not so indiscreet to submit to any triall by law because we may meet with corrupt Judges patrocinium peccati multitudo peccantium our number ought to make us safer then innocence can them it is madnesse to be hanged when we are more then those that should hang us we may call our selves the commonwealth for this is some where and the lesser part hath lesse reason to challenge it to themselves and then Populi salus Suprema lex what ever conduces to our safety becomes law to the Kingdome If any malignant and ill affected persons object the breach of knowne lawes by us we must tell them they are abrogated by equity because if they should stand in force they would destroy us The truth is these men antedate that prophecy of Christ as they have done many besides He shall put downe all rule and all authority and power 1 Cor. 15. 24. This is clearely done by their practise Kings are dishonored in the feare of God and I neede not say quid verba audio cum facta videam for their profest principles maintaine it If they are not of the true religion that is make not the peoples opinion their Creed or if they do not governe to the advantage of the Saints that is joyne not with them in those designes which they christen Gods glory and the great worke the pious Reformation then because they are no longer Dei ministri in bonum Gods ministers for their good they are ipso facto discharged of their Magistracy not Gods holy ones but their owne vices have deposed them and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 their lawfull authority is not opposed by them but their persons only they fight against the man and not the Magistrate This is the doctrine which hath produced such miserable things in the Christian world to the ruine of many States and what is more lamentable the destruction of millions of soules For upon those grounds many have beene induced to fight against God and perished in their sin and too many are so farre scandalized at it that they suspect the truth of Christianity concluding within themselves that if we did really beleeve that Gospell which we outwardly professe and if we were perswaded those precepts laid downe by the Doctor of the Gentiles ought to be the measure of our practise for he injoynes subjection though to tyrants for such were the Roman Emperours then and the Kings in those times Reges gentium dominantur earum the most wicked Magistrates and those that tooke greatest delight in cruelty and oppression will sooner be weary in doing injuries then we could be in suffering Let every soule be subject unto the higher powers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Paraphrase upon part of the 13 to the Rom. all are included not any one can plead exemption we may say with the Apostle only he is excepted to whom every soule is subject If every member should be commanded to be obedient to the head they could not lawfully oppose upon joynt consent and ground their excuse upon a metaphisicall abstraction of the body from those of whom it is compounded The reason is because the action of the body is constituted of the particular acts of each member the joyning of so many personall acts makes up the act of the civill body and if it be a fault in any one it doth not take of the guilt that he sins in consort and offends with companie This notion of universall speculatively distinguished from singulars is so farre from changing the morall nature of actions that the act of the body which is created by law and civilly compleated by the consent of a major part may be sin and yet many members as the lesser part who do not contribute their votes shall be innocent because men are accomptable only for their personall deeds 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Let every one be subject keepe under in due rank and order Now seeing that in all order there must be some first all others must submit to this and this non potest in ordinem cogi ab aliquo cannot be legally ordered by any because there is not any upon earth prior primo before the first and higher then the supreame If he breake his order he is responsable to him only that is above him who is God Regum timendorum in proprios greges Reges in ipsos imperium est Iovis These highest powers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 God is super deos and orders them as he pleases
bring in a certaine confusion For they tell us obedience is commanded onely to good Magistrates if men intrusted to governe according to Law faile in their duty they cease to be Magistrates for these are defined Dei ministri nobis in bonum The Ministers of God for the good of the Common-wealth so that to destroy such is to resist the men onely and not the power it is a warre against the person onely and not the authority which is none if used against Law because that doth not enable any to destroy it selfe the Law cannot die legally by power is not meant 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what they may doe by strength but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what they ought to doe in right This is the most reasonable doctrine because coherent to it selfe throughout but the most seditious doctrine likewise because it gives a full liberty to the people not onely in a representative body and therefore in the diffusive much more because all the right that can pretend to against the King is derived from this but to any part of them to any private man to resume as some expresse it their power or as others to make use of that power which they never parted with to their owne inconvenience and so all necessity of suffering except when they have deserved it is taken away and Christianity is made a tame madnesse To returne to Calvin whose following words are much abused though I must confesse some conceive them craftily laid downe by him in reference to the time and place when and where he lived and that his designe was to insinuate some small colour in plausible Generalls for that most unjustifiable action of the Citizens of Geneva who had lately cast off their true Prince because a Bishop of a contrary religion after he hath informed us that God requires all private men to obey or suffer though under Tyrants he addes Nam si qui nunc sint populares magistratus c. If there be at this time any Magistrates appointed by Law in behalfe of the people to restraine the licentiousnesse of Kings such as were the Ephori opposed and set over the Lacedaemonian Kings the Tribunes of the people which curbed the Roman Consuls and the Demarchi who bridled the Senate at Athens c. upon this supposition they not onely may but ought to reforme the abuses of government and to doe right to the poore Commonalty whose guardians they are This is undenyably true but impertinent to the present controversie because the People or Nobles cannot challenge that power in a Monarchy with which they are invested under an Aristocraticall or Democratical regiment such as Athens Rome and Sparta were It is very observable by the way that by reason the supreame power was placed in the Lacedaemonian Ephori and Roman Tribunes c. their office made their persons sacred and inviolable They did justly challenge the same impunity which we maintaine belongs to Kings in a true Monarchy for I argue not from the name for though the Duke of Venice were called King it would not inlarge his authority and the Spartan Kings had onely a Royall title but were truly Subjects as we learne from Plutarch and Polybius but from the nature of that power wherewith the constitutions of a Realme doe invest one person Hence appeares the unreasonablenesse of their seditious invectives founded upon some inconveniences because power will probably be sooner abused if any person may doe what he will and not be responsable for his injustice These kinde of Declamations with which their Presses and Pulpits labour strike equally at all government For there is a necessity we should lie open to some possible evils from the abuse of authority or else we cannot provide for greater and certaine goods of common peace and publique tranquillity It is no prudence to cure the miscarriages of government by a legall confusion since even the worst government is lesse miserable then Anarchy I beleeve I can make a full discovery of those wicked Arts whereby crafty men have opened a way to the advancement of their covetous and ambitious designes at the price of publique calamity Tib. Gracchus was excellently learned in those damnable politiques and I desire all indifferent men to judge whether the unhappy disturbers of England have not exactly managed the miseries of this Kingdome according to his principles He proposed some Lawes which might well become a reall lover of his Country Graccus his seditious practises their patterne but his violence in the illegall establishment of them which did evidently tend to confusion did make it apparent that publique pretences were taken up in order to the satisfaction of private lusts Marcus Octavius as his fellow Tribune had the right of a negative voice for if one Tribune dissented no Ordinance could be made which ought to have the power of Law He not able to effect his ends informes the people that this opposition betweene their equall authorities did threaten civill warre and therefore it would concerne them as they loved their owne safety which was the supreame Law to decide this difference by recalling that power which they had bestowed to the end they might receive benefit therefrom but which was now abused contrary to a trust reposed to their prejudice The issue was he prevailed with them to depose Octavius and he made them substitute a meane person one of his dependants But being sensible afterwards that amongst all his illegall Acts this gave most distaste not onely to the Nobility and Gentry who were indued with clearer understandings but even to the slowly apprehending Commons and that it proceeded from lawlesse passion to debase the highest dignity of Tribune of the people and expose that sacred function to scorne and contempt which ever before was justly esteemed inviolable and such as secured the persons from being touched hee brings these colours to excuse that most unpresidented action The Authority of Tribunes is truly sacred and inviolable but for no other cause then as particularly devoted to protect the people and established to advance their welfare If therefore a person thus highly intrusted failes in performance of duty suffers the people for whom he serves to be oppressed and endeavours to abridge their power and denyes to them the meanes of expressing their will and pleasure by his vote for he is but their mouth enabled by them to declare their meaning In this case he forfeits all Prividedges and Prerogatives due to his office because hee thwarts those very ende which first moved the people to bestow upon him such large preeminences for if otherwise we must be bound to sit still while he pulls downe the Capitoll or sets the Navy on fire and notwithstanding any violences or whatever exorbitancies of his lusts and wildest passions tamely to obey him as our Tribune that is such an one who by vertue of our trust for the improvement of our safety usurpes a right to cut our throats and is
the crosse of our Saviour by taking up carnall weapons I wish from my soule all such as pretend to the Reformed Protestant Religion had beene unblamable in this respect and that they had rather chosen to manifest their christian then their martiall spirit Wherever armes have beene lifted up against their lawfull Magistrates though they were unjustly afflicted for the testimony of a good conscience I cannot excuse them from resisting the ordinance of God who would have beene glorified in their martyrdome I am sorry to meet with objections drawne from the unwarrantable practise of some which doe not conclude you innocent but that others were likewise faulty I am certaine the primitive Christians were better catechised and wee read the same doctrine of true patience in their lives as in their schooles which taught them to take up Christs crosse and to follow him in that yoak in which he drew They fought not against their Arrian Emperours in defence of the Nicene Creed no rebellion was undertaken by them under colour of preventing their consciences from being forced which is indeed an impossible thing we may be robbed of our goods we cannot be plundered of our religion Did not Christianity thrive upon persecutions Sanguis martyrum semen ecclesiae The bloud of the Saints made their surviving brethren fruitfull in good workes Their patience wearied the cruelty of their adversaries and gained innumerable converts who began to suspect christianity was true when they saw it so powerfull as to make the professors live with so much innocence and dye with so great meekenesse and to neglect all earthly interests in expectation of Heaven Exc. Though private men should not yet Inferior Magistrates may force him who hath the Supreame power to rule according to justice and the established Lawes Answ The same reason which disables private men from righting themselves concludes likewise against inferior Magistrates that is want of Jurisdiction For if opposed to him whose authority only can alter the nature of revenge and make it justice for inferior in superiorem non habet imperium they are but private persons It is an unreasonable impossible thing that men should be obliged to obey two Masters commanding contrary duties because this would impose upon them a necessity of sinning which must be layd upon him who was the author of that necessity And therefore God hath appointed a convenient subordination in all authorities Vt sol delet minora sydera as the lesser lights are extinguisht by the greatest Luminary the fountaine of all light so minor jurisdictions must give place to him who is the fountaine of justice If God command one thing the King another wee must be obedient to divine ordinance because wee cannot be subject to mans command for conscience sake against him who hath the sole authority to oblige conscience So if the King command one thing and his Ministers inferior Magistrates another wee must submit to regall power either by obeying or suffering because they can challenge our obedience onely by virtue of his authority and this cannot be set up in an hostile way against his person Whether it be reasonable to obey the Kings Officers who can doe nothing but in his name against the King judge yee Souldiers are bound to execute the commands of their Captaine yet not if they are contradicted by their Colonell and he must not be obeyed against an expresse order from the Generall In thus doing St Augustine and reason also assure us wee despise not the power but choose to submit to the higher lesser Magistrates have no just grounds of complaint if we preferre the supreme for in reference to the highest their magistracy ceases and they become our fellow Subjects Let every soule be subject to the higher powers saith Saint Paul We must obey the King and His Officers also as they represent the King for quod per officiarios facit per se facere videtur and they must be obedient as well as wee as they represent Subjects Thus Nehemiah receiving commission from Artaxerxes armed his countrey-men against those who governed under the King Saint Peter very appositely differences this duty in respect of King and Magistrates Submit your selves unto the King as Supreme but unto Governours as unto them that are sent by him and derive their power from him and are His Ministers to execute His commands 1 Pet. 2. 13 14. Exc. It is objected but very impertinently if a King command against established Lawes and inferior Magistrates according to the Law they ought to be obeyed Answ This comes not home to the case I grant obedience to the Kings command against law is unwarrantable but this doth not conclude the lawfulnesse of hostile resistance Wee doe our duty in submitting to His legall will though against his Letters or words of mouth for he hath obliged us so to doe and by his owne grant hath restrained his right to recall and abrogate Lawes except by advice and consent of both Houses in Parliament If He be offended without cause we are bound by christian and civill constitutions to submit though to His unjust wrath If they meane to conclude their owne innocence they must frame their Argument thus If a King command against Law and Magistrates resist according to Law wee may without guilt take part with them This is true if they resist according to Law but this cannot be in a Monarchy for if the Lawes grant a right of resistance in any case when that case comes the Monarchy is dissolved for those who are enabled to take up armes against Him are His equalls or colleagues at least the union is destroyed and they are not to be esteemed Rebels then but just enemies because they cease to be Subjects They cannot vindicate themselves from Treason and Rebellion except they can produce some Law of England which dispenses with their Alleagiance in such cases and shew that our civill constitutions are so framed as to make Bellum Civile Bellum utrinque justum a Civill Warre a just Warre of both sides in the law notion which cannot be except there be two supreme authorities to proclaime and manage it That this is not so the Houses shall give testimony against themselves for they acknowledge themselves in their addresses to His Majesty His humble and loyall Subjects assembled in Parliament Exc. Another maine exception and which they most triumph in is this I will deliver the words of one of them who hath expressed it the most fully As it is a Parliament it is the highest Court of Justice in the Kingdome therefore hath power to send for by force those that are accused before them that they may come to their triall which if I mistake not power inferior Courts have much more the highest 'T is out of doubt agreed on by all that the Parliament hath a power to send a Serjeant at Armes to bring up such an one as is accused before them and if they have power to send one Serjeant at
Armes then twenty if twenty be accused and then a hundred then a thousand then ten thousand if ten thousand be accused and so more or lesse as occasion serves for there is the same reason for two as for one for a hundred as for twenty for a thousand as for a hundred and take away this power from the Parliament and 't is no longer a Parliament But the King and His Forefathers have by Law setled these Liberties of Parliament and therefore according to Lawes they have ae power to send for by force those that are accused to be tryed before them which they cannot doe unlesse they raise an Army when the accused are kept from them by an Army Master Bridge in his Wound consci pag. 6. Answ First the House of Commons is no Court of justice it hath indeed by speciall priviledge for it's better regulation power over it's owne members to imprison or turne out and this power though at any time abused against justice and equity and contrary to the trust reposed in them both by King and people as if men should be committed for delivering their opinions freely because their reason was not so happy as to concurre with the sense of the House which may possibly be the passions of the major part or if some should be accused and others past by though of knowne guilt in the very same particulars as having an hand in monopolies c. and so not the cause but the person he made the measure of right wrong yet this misused authority hath the effects of justice and right makes the act legally valid But the House of Commons hath no jurisdiction over those who are without except at most in case of breach of Priviledge it cannot judge or condemne any no not so much as examine upon oath so that the argument is the Parliament that is the House of Lords as the highest Court of justice may legally raise an army without the consent nay against the command of the King it concludes too without the consent and if they please against the expresse will of the Commons declared to the contrary This doctrine once since this Parliament sate would not have been so pleasing to the lower House that they would have taken care for printing it by Order from their Committee There was a time when one of this House professed openly he hoped to see that skie fall too and the Lords were put in minde they sate but in personall capacities whereas Knights were shires and Burgesses were townes and Cities and therefore it was thought fit to give them warning and to admonish them to take heed how they thwarted the representative Kingdome Secondly by the same reason Judges of inferiour Courts out of Parliament at least may raise an army to fetch in delinquents if the framers of this objection had consulted with those Sages they would have better instructed them in the lawes In cases of such high consequences it was the custome of the House of Peeres to advise with these Oracles to take directions from them at least to know their opinion and the reasons of it because they had employed their whole time and studies to finde out the true meaning of the lawes Thirdly To discover their mistake and the inconsequence of the argument There is the same reason for twenty as for one and so for an hundred for a thousand for an army c. The reason is not the same because when a few are sent out the administration of justice doth not indanger the common peace But because a warre doth put the whole Kingdome in manifest perill of being ruined therefore when either reall delinquents or pretended to be so are so many as to make the tryall doubtfull the liberty and right of inferiour Magistrates to fetch them in by force is in this case restrained by expresse lawes which provides very prudently that no warre shall be made except authorized by the supreame governour And therefore also the lawes permit the King to pardon all offences against his crowne and dignity supposing he will doe it as sometimes out of goodnesse of nature so sometimes out of the strength of his understanding because not mercy only but wisedome and prudence may prevaile with him to forget offenders when they are so potent that the uncertaine punishment of nocents for the worst cause may prevaile as in the case of the tribe of Benjamin so Victrix causa Deis placuit sed victa â—atoni must be bought with the unavoydable destruction of many innocent and gallant persons Wherefore Serjeants at armes and officers may be sent by the House of Peeres and consequently by Judges of inferiour Courts and ordinary Justices to force delinquents to appearance though their crime ought to be specified for to call them malignants or delinquents is no legall charge if they be not so many as that they make such resistance as cannot be punished without an Army for a civill warre endangers all and begets more faults then it punishes and therefore the lawes referre the ordering of the common-wealth to him who is supreme least inferiour magistrates violently carried on should out of indiscreet zeale to justice expose the Kingdome to contributions plunderings and thousand remedilesse injuries more greivous then those they seeke to punish Exc. Warre against the person of the King is not resistance of the higher power but warre against his authority only Buchanan right Non igitur hîc Paulus de iis qui magistratum gerunt agit sed de ipso magistratu h. e. de functione officio eorum qui alis praesunt dial de jur reg Answ This separation of the officer from the office which hath created bella plusquam civilia the King in this army fighting against himselfe in the opposite army is made without all colour or shadow of reason for though the authority of the King be some times where his person is not yet his person cannot be where his authority is not This is evident by the 25. Edw. 3. c. 2. which makes it Treason to compasse the Kings death by which must be meant to endeavour his personall ruine because Regall authority never dyes in England I have shewed formerly that by not resisting powers is meant not resisting persons invested with such power For when Saint Paul hath forbid to resist the power he explaines it by adding a reason drawne from the persons in authority to encourage them to obedience for Rulers are not a terror to good workes and so after for they are Gods Ministers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the masculine gender which cannot be applyed to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that he might leave no ground of scruple but plainly instruct us that honour is due to their persons and that all resistance to their persons is sinne because of their authority Saint Peter is as cleare Submit your selves to every Ordinance of man for the Lords sake whether it be to the King as Supreme or unto Governours
the Kingdome may not runne the hazard of being ruined for want of supplementall lawes and therefore when the King is perverse and will not joyne with them for the common good they have full authority without him This would conclude as strongly for the power of enacting lawes without the King which the Houses have disclaimed It is true this legislative authority is exercised under another name let the Authors answer for practising what themselves have expressely disallowed For it is but small satisfaction to the injur'd Subject to tell them they challenge not a power to make standing Lawes but onely temporary Ordinances That is they will take away their estates for the present and then their votes shall be no longer binding was not this the reason why such Proclamations are justly accompted grievances as doe intrench upon the Subjects liberties or property The Subjects are equally miserable whither their birthright the lawes of this land are overthrowne by Royall Proclamations or Ordinances of one or both Houses Coordinata se invicem supplent Coordinates supply each others failings therefore if one refuse the other two are enabled to doe it without him By the same logique if the King and House of Lords joyne the consent of the House of Commons is legally supplied and they may constitute what they please without them This is the evident doctrine of it which yet is commanded by the House to be printed If the King had sayd this it had beene the greatest breach of Parliamentary priviledges that ever had beene made Posterity will have no reason to be thankefull to them for disputing themselves out of the right of a negative voyce onely that they may with some small colour making use of an accidentall advantage the major part of those few Lords which remaine in the House now joyning with them take away from the King what is as much his by law as the crowne he weares his right to reject any Bill never questioned by our Ancestors and it is very strange it should now Sir Thomas Smith tels us quibus princeps derogatum vult haud pluribus verbis utitur quám le Roy aut la Royne s'advisera quaeproptereá extincta penitus abolitaque censentur l. 2. c. 3. descript Ang. If the Kings deniall did not extinguish them all those bils which have slept for many ages as laid downe by our knowing forefathers out of a necessary modesty and a just valuation of their Soveraignes right would rise up lawes to the extreame confusion of the present governement And secondly if his authority must be involved or swallowed up in their votes if his part in Parliament be the same with the flatterers in the comedy Ais aio negas nego if he be but a State eccho it is manifest he hath not so great a hand in the managery of his Kingdome as the meanest fellow who hath but 40l per annum freehold for he governes by proxy whereas the King is represented by none and yet must not speake for himselfe and for his owne Interest which is altogether the same with the publique The greatest security the Subject hath that equall lawes shall be preserved is from his negative voyce The interests of the major part in the House of Commons may be opposite to the good of the Kingdome in generall For if we reckon those many that serve for and are or would be in future elections if the power were thus enabled to effect what ever advantageous designes of Corporations and those few in comparison who serve for Shires we shall easily beleeve the priviledges of Cities and Townes may be inlarged by them to the great discouragement and losse of the honest farmer and painefull husbandman So the Burgesses for the West are so many that upon an unanimous conspiracy amongst themselves and labouring some single persons who may be easily wonne out of relation of acquaintance friends or kinsmen or their inadvertency and not fully weighing or not understanding the consequences of it they may easily carry by vote what is very beneficiall to themselves though extreamely prejudiciall to the other parts of this Kingdome To goe higher it is very easy to conceive that the major part of the lower House may be very meane men chosen to make more profitable lawes for the poorer sort and to keepe the Gentry under by laying subsidies and all burdens of the Common-wealth upon them not without a specious pretence that they spend more in superfluities then would discharge all publique expenses and exempting themselves from all payments as being such who take great paines and worke very hard even for necessaries The possibility of such a choise is apparent because consideriug how small meanes are required to a capacity of voting in the election of Parliament men it may perhaps be more warily ordered hereafter by the wisedome of that great Court who may thinke it fit to raise 40l per annum freehold to such a proportion as that estate was valuable at in the first constitution when the scarcity of money made it a competent fortune the greater part of those which choose them are poore contry-men and beggarly tradesmen Such a choise then is very possible neither is it improbable if Parliaments shall be governed by these new principles For the reason why such an election was never yet made is this such a power was never heretofore challenged as could enable them to goe through with any such designe If either the Lords perceived any motion from the Commons disadvantageous to themselves or the King thought it prejudiciall to the publique and so necessarily unprofitable for him as if the merchant should be discouraged by laying too greatburdens upon forraigne trade or the Clergy impoverished by taking away those meanes which should make men able and keep them honest it was presently rejected and so not to be stickled in further sitting that Parliament If some factious spirits wrought upon their discontents and perswaded them to passe nothing whether by granting subsidies or consenting to new lawes which might be beneficiall for the present State till they received satisfaction in their desires though such a perversnesse which I suppose onely and doe not say it ever was might be very unhappy for the Kingdome for by making the King poor it would probably put his friends upon some unwarrantable courses whereby to supply his wants and this would create a misunderstanding betweene him and his people and breed ill humours which fomented by crafty men would breake out in such violent distempers that there would be a necessity of calling phisitians These politique phisitians when once entertained in such an extremity will be sure so to manage the disease that they will be paied as much as they please to demand They will desire such offices such commands not for themselves but onely in order to the recovery of their patients The deniall of which shall put the people in danger of a relapse and they will prescribe the wayes of prevention
variance with it selfe There being no way to effect this naturally they reduce themselves into a civill unitie by placing over them one head and by making his will the will of them all to the end there might be no gap left open by schisme to returne to their former confusion Because the wills of men though the fountaines of all voluntary actions yet are not themselves the objects of choice for we cannot will to be willing this would be infinite but to performe what is commanded and so are not capable of being obliged by compacts therefore this submission of all to the will of one or this union of them agreed upon is to be understood in a politique sense and signifies the giving up of every mans particular power into his disposall so that he may be inabled to force those who are unwilling upon some private ends to be obedient for the common good otherwise they would enjoy the benefits of others faith in observing lawes and the advantages of their owne violations and breaches which may probably be prevented if penalties be appointed much greater then the profit which can come by their disobedience because as men are naturally tempted by hopes of good so they are as naturally deterred by a certaine expectation of greater evils Thus also by transferring every particular mans power into the hands of one is not meant a reall laying downe and naturall translation of their strength because their nerves and sinewes are not alienable as their money and goods but a consent and mutuall obligation as of all to one whether he be King as in a Monarchy or some Nobles for they are one too as in Aristocracy so of every one to each other of not using their naturall power but onely as Law shall require that is of not resisting that body in which the supreame power is placed as likewise of aiding him or them by vertue of that promise or of that oath according to the nature of the contract when be or they summon their strength By what is layed downe may be discovered the weaknesse of their second principle which hath done most mischiefe and till it be thoroughly rooted out of mens minds the seed is still left behind from whence rebellion will spring the falsehood whereof I thought fit to manifest in relation to the peace and quiet of Christendome and the world in generall it not at all concerning His Majesties case who was so farre from offering violence that it was the extraordinary mercy of God upon this land that did enable him to defend his life against it his Magazines and forts and Ships that is all his civill power being taken from him and an army actually raised against his personall strength for His Majesty had not granted one commission to raise a man when they began their defensive warre so that Lucans expression might seeme fitted to this Kingdomes misery Parque novum fortuna videt concurrere bellum Atque virum The doctrine is the law of nature will defend us whomsoever we kill though the King in our owne defence and we are acquitted by that principall vim vi nay some goe higher and make it unlawfull not to resist even the highest authority it being a sinne against nature c. whom the examples of the holy Martyrs and of Christ himselfe doe clearly confute though they cannot satisfy them I will breifely answere it as meaning to enlarge my selfe thereon in the following discourse It ceases to be lawfull Native right restrained by positive obligation after we have made our selves sociable parts in one body because we voluntarily and upon agreement restrained our selves from making use of this native right and the renouncing this power by mutuall compact will appeare very consonant to sound reason whether we looke upon the benefits insuing thereby or the mischeifes avoyded For it is a more probable meanes to the attaining that very end in relation to which they plead for it the preservation of particular persons Prudentiall motives for parting with some rights of nature without power to resume them Upon this condition of obliging our selves not to resist publique authority in requitall for this submission of our private strength we are secured by the united power of all and the whole Kingdome becomes our guard And it is most likely we should be lesse exposed to injuries when that impartiall and equall measure of right the known law is by this meanes maintained The evills which would flow from this licence to resume our power against contract are infinite Our owne feelings too fully instruct us in the sad effects and I doubt not but the wearinesse of our present sufferings and the expectation of growing mischeifes will be powerfull beyond rhetorick to perswade us to value highly the publicke tranquillity I am confident if the people of this land whose eyes have beene opened of late and they are now sensible that to continue violences to His Majestie hath introduced a necessity of oppressing them and that they are bound to be undone in order to the injuries to their soveraigne were able to deliver themselves from their defenders we should suddainly be restored to happinesse and it would be as hard a matter to engage them in a civill warre when they had againe tasted the sweetnesse of plenty and quiet as it is to perswade them to agree to peace who challenge a legall power by the title of warre to dispose of the Kings and Subjects revenewes at pleasure As reason induced men to enter into such a Covenant and to lay a mutuall obligation one upon another not to resist authority upon what ever grounds whether of fancied or reall injustice but to submit their actions and persons to the ordinary triall though it might possibly happen that some particulars would be sentenced unjustly because a farre more considerable good could not be obtained unlesse by agreement patiently to submit to this possible evill since the common peace and quiet cannot be effectually provided for if it shall be indulged to any to appeale from the Lawes to themselves and to judge their Judges So honesty and religion strictly bind them to preserve their faith intire and this contract inviolable The paines I have taken to lay open by way of introduction to the view and examination of all that desire reall satisfaction the foundation upon which rule and Subjection are built will appeare not so delightfull as it was necessary And it is no otherwise in the workes of Art operum fastigia spectantur latent fundamenta passers by admire the superstructure when that strength which supports the most elegant piles lies deeply buried in the earth and unregarded It were very strange if any man should be so prodigiously weake as to suffer himselfe to be perswaded to remove his chambers and galleries into a healthier aire a pleasanter prospect and more commodious Situation and yet the same unreasonable advice is hearkned to concerning the civill frame The foundation upon
which States are setled overthrowne if the people be made Judges of their safety and allowed to use any meanes which they fancy conducing thereto without any consideration of the ground-workes Populi salus suprema lex is the Engine by which the upper roomes are torne from the foundation and seated upon fancy onely like Castles in the aire For the safety of the people is really built upon governement and this destroyed the other non jam aedes sed cumulus erit will be soone swallowed in the common confusion but this is evidently and demonstrably ruined by these principles For government is an effect not of a people 's divided naturall powers but as they are united and made one by civill constitution so that when we call it supreame power we impose an improper name and have given occasion for mistakes yet I shall not endeavour to alter the common use of speaking but onely to prevent a misunderstanding of it because indeed this power is simply one and when it doth expresse it selfe by one person or more according to different formes who yet are but severall parts of one governour there is not left in the Kingdome or Common-wealth any civill that is any legall power which can appeare in resistance because all of them have bound their naturall hands by a politique agreement Hence it followes those that will allow any power to Subjects against their ruler let it be Liberty to resist those in whom the Law places jus gladis the right of the sword destructive to the very nature of governement one man or many united by one common forme which is the consent of the major part and this is not capable of division do thereby dissolve the sinewes of government by which they were compacted into one and which made a multitude a people and so breake the Common-wealth into as many peices as they have set up opposers against it For there cannot be two powers and yet the Kingdome remaine one This is that which distinguishes Francs and England and Spaine from one another because they have three powers legally distinct and are the same in relation each to other as three particular men meeting in some wildernesse and considered as not having agreed to any Lawes of Society I am fully perswaded no sober man can imagine the policy of this State is so defective as to open a necessary way to its owne ruine that is to divide the Kingdome legally in it selfe and therefore it must necessarily be granted those that take up armes being not authorized so to do by law are guilty of rebellion and the consequences of it murder and rapine It is very easy to determine whom the Law hath armed with power because not any part of the people not the two Houses but the King alone is sworne to protect us which is an evident argument he is enabled to effect this end and that the necessary meanes to compasse it which is the posse regni is at his disposall By these generalls throughly digested and rightly applied we shall be able to rule particular decisions I shall desire one thing especially may be remembred as which hath great influence upon all cases Though what is truly the right of any one doth not cease to be so naturally by anothers sentence to the contrary yet after positive constitutions upon a Judges decision he can challenge no title to it because by his owne deed and consent he passeth it away in that judiciary determination And equity and prudence both dictate that it was a most honest and reasonable agreement as conducing to publique peace and the quiet of mankind that persons publikely constituted and more unconcerned in the decisions should put an end to all debates Because otherwise the controversie was not likely to be ended but with one of the parties For each man out of naturall favour the strongest corruptive of judgement inclining to his owne Interest there was nothing left but force to determine it There cannot be a more unhappy administration of Justice then when strength is made the measure of right and when all Iudges are bribed as passing sentence to their owne advantage §. 1. THe following Section shall be spent in proving the proposition by which the consciences of all Subjects must be directed It is unlawfull to resist him or them in whom the supreame authority that is all the legall power of the Kingdome is placed and no dispensation grounded upon what persons soever as inferiour Magistrates or upon any cause as the extreame abuse of this power to their oppression can excuse such resistance from the sin of rebellion Upon this pillar not onely monarchy stands firme but all other governements are equally supported the generall reason being applicable according to the difference in severall formes In the third Section I will bring the case home to our selves by proving this assumption The King of England hath this supreame power and then I shall leave it to every mans conscience to inferre the conclusion therefore it is unlawfull to make resistance against their Soveraigne In the fourth Section I will answer all the evasions how plausibly soever founded which I could meete with in the severall writings of those men who though they strike at the King downe right and more immediately yet by plaine and evident cousequences they destroy all civill society By way of conclusion I will shew though such a power of resistance as they or any others have yet openly pleaded for should be granted lawfull as when in their owne defence or when he that hath the highest authority and is bound by the law of God and his owne oath to administer justice equally yet after frequent representations of their grievances and most just Complaints of their great sufferings affords no redresse yet this can be no justification of the present warre against the King nor acquit the Actors in it from being rebels Because this case is evidently not now as will appeare after a view taken of the causas of this unnaturall and illegall division The proposition to be proved is It is unlawfull to resist him or them in whom the supreame authority that is all the legall power of the Kingdome in order to raise armes is placed and no dispensation grounded upon what persons soever as inferiour magistrates or upon any cause as the extreame abuse of this power to their oppression can excuse such resistance from the sin of Rebellion I make no question every man will apprehend that by resistance here Differences betweene not obeying against law and hostile resistance to a lawfull Soveraigne is meant only hostile opposition and not a refusall to put unjust commands measured by divine or humane laws in execution for the truth is if they are or seeme repugnant to Gods law for then they are so really in respect of those who have that apprehension idem est esse apparere in this case of good and bad because whatsoever is not of
no more passe away by promise Gods right to our obedience then we can covenant to transferre and give away another mans goods or demeasnes Secondly it is harmelesse in the consequences because if any out of a reall or seeming repugnance to divine precept deny active obedience they must confesse themselves obliged by the same conscience of observing the law of God not to resist that authority which he hath armed jure gladij with the right of using the sword probably to this end that Religion might not be a cloke for Rebellion that we might not dare out of the feare of God to violate the order of divine providence by which he hath thought fit to governe the world This is the patience of the Saints which shall be rewarded with heaven because they suffer rather then doe evill for earthly considerations as being assured God hath forbiden them though for prevention of their particular and undeserved misery to disturbe the publike happinesse by resisting that power which Scripture tells them is from above It oft times pleases God to make use of ill governours and their unrighteous judgement may be his just sentence for our former transgressions if it be his will to scourge us by them no smart should tempt us to cut his rod in pieces Because generally men are hardly brought to entertaine a truth which seemes disadvantageous to them and comes in ill company attended with affliction Quis enim facilè credit propter quod dolendum est though this should not be amongst Christians who are crucis candidati quibus frui fas est Diis iratis and who ought to rejoyce in their present sufferings as the exercise of vertue and that way to eternall glory which our Saviour hath chalked out both by example and precept I will use the greater diligence in evidencing this point by all kinde of proofes of which the matter is capable If we looke backe to the law of Nature we shall finde that the people would have had a clearer and more distinct notion of it if common use of calling it Law had not helped to confound their understanding when it ought to have beene named the Right of nature Difference betweene Law of Nature and Right of Nature for Right and Law differ as much as Liberty and Bonds Jus or right not laying any obligation but signifying we may equally choose to doe or not to doe without fault whereas Lex or law determines us either to a particular performance by way of command or a particular abstinence by way of prohibition and therefore jus naturae all the right of nature which now we can innocently make use of is that freedome not which any law gives us but which no law takes away and lawes are the severall restraints and limitations of native liberty Upon this ground I have shewed already the right of nature cannot be pleaded against positive constitution that being a permission onely and not an injunction and therefore ceasing by a subsequent obligation arising from promise and compact when multitudes became one Civil body I was unwilling to weary the Reader by an unprofitable debate and different stating of the originall of power For though it be most true that paternall authority was regall and therefore this of Gods immediate constitution Their owne Scheame of Government serves our turne and justifies the Kings cause and founded in nature yet it is not much pertinent to the present decision nor can it necessarily concerne moderne controversies betweene Rulers and People Because it is most evident no King at this day and much lesse other Governours holds his Crowne by that title since severall paternall powers in every State are given up and united in one common father who cannot pretend a more immediate kindred to Adam then all the rest of mankinde For this consideration I thought fit to lay downe their owne Scheame of Government and let them make what advantages they can by presenting to your apprehension a multitude before a people like a heape of stones before they are cemented and knit together into one building I shall onely desire my adversaries would not betray so much want of ingenuity as to make this favour of joyning issue upon their owne principles a contradiction For I thought it losse of time to insist upon their mistakes in the manner of derivation of power when all of us agree well enough in the thing That after the multiplying of mankinde there was an Anarchy is confest onely they impute it to a want of all Law and Rulers and we derive it more naturally from the multitude of Governours whose wills being various were so many distinct Lawes to those who were under them when in every family was a Kingdome 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Euripides describes the Cyclops their Subjects were their owne flesh and naturall Princes being wives and children when there were so many absolute Princes within the compasse of a Parish that a man had scarce roome to walke in a Territory when a Commonwealth was lodged in a Cottage this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was the mother of confusion and by reason of such a multiplicity of Kings it was not ill stiled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Though they had absolute power yet it was confined within a narrow compasse and if they exercised any jurisdiction or made use of their liberty to the prejudice of neighbour States this begot controversies and both parties having right to be Judges in their owne causes they made force the measure of decision and who was strongest could not be knowne but by the issue of the warre Quis justiùs induit arma Scire nefas summo se judice quisque tuetur Haec acies victum factura nocentem est To prevent those fatall mischiefes to which they were subject while they lived in this hostile State evidently occasioned by their divided powers a way was found out by making their individuall strengths and the many narrow authorities which still justled one another one legall power and this was placed then with great prudence in one person to the end the cause of their sufferings might be fully taken away and that there might not be left a possibility of relapsing into their former miseries which proceeded from opposition between equall authorities Thus I grant to them their owne Scheame yet without prejudice to that truth delivered by Cedren who makes Adam the catholique Monarch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 As reason first represented to them Monarchy as the most perfect forme from which their want of government was a defection for we may say of Anarchy Non fuit sic ab initio so sense confirmed it they having happy experience of those eminent advantages peculiar to this constitution as unity secrecy and expedition The Roman story doth approve this wisedome by acquainting us with the fatall miscarriages and bad successes of their Armies when commanded by two Generalls And if we looke upon this State
in peace we shall finde by putting downe Kings they laid the feed-plot of those many miserable civill warres with which that people was so frequently so extreamely afflicted The forme of that Commonwealth was Democraticall The governement of Rome according to the forme democraticall but according to the practise an illegall Monarchy but if wee judge of it not as established by Law but according to the practice almost in all times we must pronounce the Government an illegall Monarchy For either some one man governed the Senate and made them an instrument to oppresse the people or else according as it was aptest to advance his interests siding with the people and telling them the Nobles took too much upon them Different judgement of the best forme of governement oft-times the cause of sedition he by their power compassed his private ends under the names of common good publique safety The truth is the different judgement of the best State doth de facto open a gap to sedition because men naturally desire to live most happily and are easily tempted to contribute their endeavours to any change which they fancy for the better though in right it ought not to be so notwithstanding some forme might be proposed which were really more perfect because our faith once given to the present government cannot be recalled this civill union is as fast tyed as the marriage knot we are bound to take it for better for worse And if otherwise States would probably be shorter liv'd then men as having their foundation on the sands that is on the inconstant wills of the people who are blowne about with every winde of contrary discourses Fallacy in discourses concerning what kinde of governement is best But in this dispute concerning the best forme of civill society there is a great fallacy as yet not fully discovered Schemes are drawne in speculation and politique discourses are framed which beare much resemblance with some figures of Mathematicians which are made with much ease upon paper and with apparence of solid demonstration so that the Schollers not able to object against it entertaine it for certaine knowledge But when reduced into practice in wood or stone the failings are presently seene and their contemplations appeare vaine and unprofitable because they did not take into consideration the capacity of the Subject on which they were to worke nor fore-saw what resistance the matter would make This errour is committed in the comparison of States and many plausible reasons are laid down for the rule of the Nobles or of the people which are best confuted by experience For when it is debated whether Monarchy be the most convenient government the true sense of it is this if we judge according to the frequent practice which in Politiques is made the most reasonable measure of Lawes whether the people will live more happily when Law places the supreame power in one and nominates that person by which no roome is left for division or when one man being more active and crafty then his fellowes who ought to have an equall share in this authority raises a faction upon plausible pretences and under colour of serving his side perswades them to be commanded by him and so exercises the supreame power in an illegall way which as it is compassed by ingaging the people in misery under colour of making them more happy so â—â— it must be kept up by as bad arts and an Army must be maintained to make good by force what Law cannot justifie I do not wonder for it is no strange thing part of the people should be unwise that some should be induced to cast off Monarchy They are told it is very unreasonable that one should have all the power Toto liber in orbe Solus Caesar erit They may upon the same ground perswade them to quarrell with God Almighty Their meaning is though they dare not speake out there is no government good unlesse they have a share in it This interest of being joynt Soveraignes makes them unable to see or else willing to dissemble the apparent dangers which division threatens as likewise the great disadvantages which wait on slow proceedings counsels as well as men growing weake by age and the unhappy miscarriages of brave undertakings because not managed with fitting secrecy All these three are plainly spoken in many Governours Faction Delay Opennesse The method whereby the peoples affections are poysoned and wonne to a dislike of the present State By what means so many of the people are misled into Rebellion and by degrees brought first to desire then to attempt an Innovation is this All the defects how unavoidable soever by reason of secret lets and hinderances not to be fore-seene as depending upon many circumstances which are variable according to other mens wills and which they have not the honesty to put the people in minde of are with great care represented to their considerations and much diligence is used to set before them a perfect Catalogue of what ever faults have beene committed by inferiour Magistrates and under Officers and as they have excellent memories in repeating grievances so they have learned an art very convenient for their ends and for creating a misunderstanding betweene King and people that they may manage the discontents of the Subject to advance particular designes to forget the severall satisfactions given by Princes when upon generall complaints they are fully instructed in their Subjects sufferings The next worke is to assigne such a cause of these corruptions as shall open a way to the alteration they aime at which is to impute them to the nature of a monarchicall government by telling them their happinesse is built upon a very uncertaine foundation the will of one man and if he be bad they must surely be miserable Lastly a promise is made of healing all their evills and the remedy is multitudo medicorum the same plausibilities may be urged to perswade an entertainment of many Physicians about a sicke person as about a distempered State but experience masters these reasons and hath demonstrated the danger of it they must place the Soveraigne power amongst many to the end if one should faile of his duty others may supply it if one should be willing to oppresse others may be able to protect them It fares with men in the distempers of State as in those of their bodies They are easily induced to make triall of what any man tells them will do them good and they have the strongest phancies to those things of which they have least experience But the Fallacy which abuses the people is non causa pro causâ there ever was and alwaies will be matter of Complaint under what kind of regiment soever we live and till men be absolutely perfect the governement cannot be so voluntary corruptions and naturall frailâ—ties must have an influence upon every state This tampering with the Body to reduce it to perfect health hath overthrown many
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
So that the wronged people must onely cry unto the Lord as the Jewes were directed in their hard condition And Saint Ambrosse is sensible of this obligation repugnare non novi dolere potero potero flere potero gemere c. aliter nec debeo nec possum resistere Least Christians should be more stiff-necked then the Jewes who bore this heavy yoke Saint Peter prescribes their behaviour and tells them it is a part of their calling and unlesse they performe their vocation they cannot make their election sure to imitate Christ thus farre who when he was reviled reviled not againe no dishonorable speeches no reproachfull language from him which yet falls short of the meditated malice of the pen when he suffered he threatned not no killing and slaying so much as in words and no people can have greater innocence and no Governour greater faults but he committed himselfe to him that judgeth righteously 1. Pet. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unto the higher powers Hereout they endeavour to picke some advantage for say they by the same Logique as we conclude impunity due to Kings and so all resistance unlawfull we must be forced to inlarge this priviledge and communicate it to all Magistrates whatsoever because they are higher powers also But this immunity is overlarge by our owne confession as repugnant to all States and therefore seeing we cannot justifie the inference in its full latitude we cannot reasonably collect any thing These men strangely mistake the grounds of our deduction their strong fancy against it not permitting them to take the reason of it into due consideration we confesse thus much is concluded for all Magistrates such are they to whom the King delegates his authority that it is not lawfull for any that are under them to make resistance Lawfull to resist inferiour Magistrates if they oppose the supreame as a private man may not oppose a Constable nor a Constable a Justice of peace nor he a Judge So common Souldiers cannot punish a Lieutenant except by vertue of a Commission from the Generall and then they are above him as being made Magistrates to execute martiall law upon him nor he a Colonell nor a Collonell the Generall they being but private men in reference to one above them and so Kings in Monarchies and proportionably in Aristocracies those persons in whom the supreame power is placed which are the major part consenting are not judicially accomptable to any because they are the highest Thus much Scripture evinces the civill law confirmes reason suggests and the practise of all States hath imbraced it For there is no power but of God Here is the cause of obedience rendred this right to governe is not onely by his bare permission so theft and murder are but it is his constitution and by vertue of this the Apostle collects that honour is due to their persons I have proved formerly that such power could not be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unlesse it were of God the people could not dispense with divine precept non occides thou shalt not kill The powers that be are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ordained or ordered of God This is his ordinary providence by which he hath thought fit to governe the world and we must submit to it till he declare his will to the contrary nothing can take off this obligation but expresse revelation And we have some new Enthusiasts who are going on to this height of fury Methinkes it should startle all good men to see some interpretations of obscure prophecies out of Daniell and the Apocalypse cast out to justifie the breach of plaine duties Whosoever therefore resisteth the power resisteth the ordinance of God Here is faire warning take heed what ye do you have a terrible enemy to encounter with it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a fight against God You cannot flatter your selves with a prosperous issue for those which resist shall receive to themselves damnation Lest any should be so miserably besotted with a senselesse distinction as it is misapplied by them of the authority from the person as to incurre the danger of this fearfull commination Against that distinction of the authority from the person he joynes them together and uses them promiscuously and in the prosecution inforces that by mentioning the persons which before he had attributed to the powers Whosoever resisteth the power resisteth the ordinance of God and they that resist shall receive to themselves damnation it immediately followes For rulers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are not a terrour to good workes but to the evill Then he comes to the authority againe wilt thou not be afraid of the power doe that which is good and thou shalt have praise of the same For he is the Minister of God to thee for good there he concludes with the person Observe with what vehemence he repeates this duty though fully delivered before as if his mind misgave him concerning these rebellious times Wherefore you must needs be subject A necessity is laid upon us and woe unto us if we be not subject we have two powerfull motives not onely for wrath but also for conscience sake As for feare what the Prince may for rebellion seldome prospers Traitors are unfortunate gamesters though they win at first they are most commonly terrible loosers in the close so what God will inflict You have his word for it you are damn'd if you resist Though Rebels should get the start by seizing his ammunition Forts and Ships and you have cause to thinke your loyalty will disadvantage you when a King is in sight too weake yet be wary what you doe God oft times raises up strength to him beyond mans expectation and the event shewes those which continue honest are most truly wise The heads of the rebellion shall be brought to condigne punishment and their memory be odious amongst all good men 'T is true to be subject to present plunder is a strong temptation against duty yet upon a generall survey ye shall find they take not much more from their enemies God is to be reckoned of the Kings side who will overballance their greatest forces then they force their freinds to give they have no great reason to brag of being savers it hath cost them very round summes to loose their soules But yee see how much the King indulges to this feare I know not whether God will pardon so easily for if feare of loosing by being honest be a good excuse for neglect of duty hopes of gaining by playing the knaves may as reasonably be pleaded so unwilling is he any should suffer for his sake How often hath he beene pleased graciously to forgive upon that easy excuse they did not dare to be his freinds that is they were his enemies not out of spight and malice but onely for their owne advantage and he is content not any should loose for him O let not his goodnes move you to have a
death 't is madnesse to strike when we are certaine the blow will recoyle to our eternall destruction Therefore the Apostle commands as we wish well to our selves to recompence to no man evill for evill Rom. 12. 17. Selfe-love is the motive why we should not hurt others He exhorts by the naturall affection which is due to our selves not to avenge our selves 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but rather to give place unto wrath v. 19. The wisedome of God hath introduced an excellent temper in government and such as the sence of great evils prevailed with men to esteeme very good and confirme it by their lawes Private revenge unlawfull Honorius and Theodosius tell us judiciorum vigor jurÃsque publici tutela videtur in medio constituta ne quisquam sibi ipsi permittere valeat ultionem That of Claudian is true in this sense also Qui fruitur poenâ ferus est Injur'd men are over-passionate and easily tempted to cruelty Amplius ex irâ quòd enim se quisque volebat Vlcisci quà m nunc permissum est legibus aequis Iccirco est homines pertaesum vi colere aevum Upon these considerations God hath made revenge unlawfull and beside this obligation of divine precept our hands are tyed up as strongly as faith of promise can do it This Covenant knits society and cements the civill body Though we do not onely fancy grievances as the world is full of such mistakes though we are really injured yet it becomes injustice to right our selves All the accompt we can give at Gods Tribunall is onely this we did not sinne first And this plea will afford miserable comfort to be damn'd after another That none might be tempted to strike because others hands are bound up from returning the blow God hath appointed a middle way to deterre men from doing evill for feare of suffering it in as high a degree For Tertullian sayes true disciplinae interest injuriam vindicari Metu enim ultionis omnis iniquitas refraenatur The fountaine of our actions is the opinion we have of the good or bad we shall receive by them if they appeare certainly hurtfull and that we shall suffer by so doing we most commonly forbeare I doe not say alwayes because the will may thwart the understanding else it were not free and experience sheweth that sometimes a lesse good present doth overweigh a future though certaine greater evill God will judge our cause and revenge us upon wrong doers but he performes this not immediately but by his Magistrates He delegates his authority to them and Saint Paul proclaimes their Commission in these words There is no power but of God Quicquid per officiarios facit per se facere videtur what they doe are legally his acts we have no right to reverse them by a strong hand If an inferiour Magistrate gives false judgement God grants a liberty of appeale to him in a higher Magistrate if he confirme the former unjust sentence it is lawfull to proceed by way of appeale till we come to the highest but then because God hath appointed a peaceable end of controversies we must sit downe with the present losse being fully assured God will judge this Judge we shall have another day of hearing in Heaven and all damages shall be amply repaid If we did beleeve this our unnaturall divisions would cease that is if we were truely Christians we would not doe as we have done we could not resist the highest power I have warrant to say it Here is the patience and faith of the Saints Rev. 13. 10. they beleeved therefore they suffer'd Upon such considerations Cyprian grounds the duty and shewes the practice of the Primitive Christians was very consonant Inde est quòd nemo nostrum quando apprehenditur reluctatur nec se adversus injustam violentiam vestram quamvis nimius copiosus noster sit populus ulciscitur For this cause not any one of us doth make resistance when you apprehend him nor revenge your unjust violence Patientes facit de secuturâ ultione securitas God is able to reward our patience and to requite all our sufferings If we tooke delight in the misery of our persecutors we might be abundantly comforted But alas we pitty them and grieve more for their deplorable condition then our owne torments God will avenge our innocent bloud more severely then any good man can wish for Tertullian expresses the same in his eloquent manner Satis idoneus patientiae sequester Deus est Our goods are not taken away they are sequestred for our benefit and intrusted in safe hands God keepes them for our use and will returne them with ample increase Si injuriam deposueris penes eum ultor est if you will not fight he will undertake your quarrell and you need not doubt but your enemies will be soundly worsted Si dolorem medicus est your wounds shall save you Si mortem resuscitator est if you fall a Martyr you shall rise a Saint Quantum patientiae licet ut Deum habeat debitorem what cannot our sufferings doe they make even God our debtor he owes us heaven for our selves and he owes us Hell for our enemies but we breath out our soules in prayer that he may be intreated not to pay this The Example of the Thebane Legion commands our imitation in the like cause It is one of the noblest passages in all the ecclesiasticall story wherein Christianity did shine forth in its full lustre and it affords plentifull light for our direction This band consisted of almost 7000 men all Christians when the Emperour Maximian commands the whole Army to offer Sacrifice to false Gods they remove their quarters that they might avoid if it were possible this occasion of discontenting the Emperour He summons them to performe their parts in this devilish worship They are forced to returne an humble deniall and their resolution not to disobey God for whose sake they had ever beene and would continue faithfull servants to him The Emperour unsatisfied with this answer puts them to a decimation They submit with much cheerefulnesse and dy praying for their murderer After this sad spectacle his commands are renewed but prevaile nothing upon the remainder Wherefore they also are butchered without the least resistance There was no delay in their death except from the wearinesse of the executioners This was truly to confesse him who was led as a sheepe to the slaughter and like a lambe opened not his mouth and they a flocke of his fold were quietly devoured by ravening wolves The Commander of this Regiment Maurice could not containe his joy when he had seene the first decimation gallantly suffered How fearefull was I sayes he to his surviving souldiers for armed men may be tempted to defend themselves lest any of them upon colour of just resistance for selfe preservation in an innocent cause should have strugled against this blessed slaughter I was watchfull and had Christs example in readinesse who commanded his
our hands we cannot thinke to reforme the abuses of higher powers is committed to us to whom is given no other commandement but to obey and suffer I speake alwayes of private men This truth clearely delivered speakes the goodnesse of the cause and demonstrates the unlawfulnesse of taking up Armes against the King though their supposition were true as it is evidently false that His Majestie did cast off the bridle of established Lawes whereas He doth hazard His Life and Crowne in their defence The quarrell is that he doth obstinately maintaine our good old customes and constitutions such as experience hath confirmed happy and beneficiall to this Nation and will not be over awed to make new Lawes such as private interests would force upon Him and the Kingdome This is a sure ground for conscience to rely upon and evidently destructive of most of their popular principles which have poysoned the affections of the Subjects It is not lawfull for us to correct ill Governours because this cannot be effected without resistance and all private men have direct precept against this that of obedience and patience This will speake home to the businesse when it will after appeare that all inferiour Magistrates opposed to the highest whose Delegates and Ministers they are are but private men In the meane while wee may hence discover the falshood of their principles viz. That the law of nature will justifie all resistance against injuries and for our owne preservation that no people is so mad as to contract to their owne ruine and therefore may resist any Magistrate if their lives be indangered the meaning is if they have offended against known Lawes which will certainly adjudge them to dye the Magistrate shall bring them to a legall tryall at his owne perill or to agree to be ill governed and therefore since there is a mutuall compact if Rulers performe not their duty the contract is dissolved and they are at liberty to right themselves and to governe their Governours and to fling the Pilot over-board if he wilfully steere upon the Rocks not by way of jurisdiction but selfe-preservation That the King is for the people and Governours are appoynted for the good of those that are governed and therefore Subjects are the more considerable men and greater and more honourable then those who are placed over them they bearing relation of the end Magistrates but of the meanes and so the safety of the people must give Law to the Magistrate if he will be peevish and protect them according to old Lawes when they fancy greater benefits from innovation that Quicquid efficit tale est magis tale but according to their grounds private men made all Magistrates for before they constituted some forme of Regiment by pactions and agreements they were but a multitude of men amongst whome none had jurisdiction over other the conclusion is therefore private men are more Magistrates and may call even the highest to accompt and force him to be responsable for what ever they judge abuse of power The grounds upon which our seditious writers doe argue are very contradictory in themselves and yet all of them conclude for Rebellion Some and I thinke the greater part confesse it is unlawfull for private men to resist the Magistrate though abusing his authority These must needs acknowledge the weakenesse of those arguments which yet they constantly presse and which prevaile most upon the peoples affections that it is a senselesse thing to imagine wee can be obliged to be slaves in case a King be guided by his Lusts not Lawes or not to preserve our selves against bloudy Tyrants For their determination is contrary that private men for want of authority to arme them are bound to suffer And Calvin is expresse lib. 3. c. 10. § 6. nullum magis praeclarum facinus habetur etiam apud philosophos quà m liberare tyrannide patriam Atqui voce coelestis arbitri apertè damnatur qui privatus manum tyranno intulerit They maintaine therefore though private men sinne in resisting yet if countenanced by inferior Magistrates then it is not Rebellion but a just Warre These may be clearely convinced if they will but consider that inferior Magistrates are such only in respect of those who are under their jurisdiction because to them they represent the King but in reference to the King they themselves are but Subjects and can challenge not jurisdiction over him Some state it thus though not private men not yet inferior Magistrates yet superior powers may bridle the exorbitant lusts of Princes by force of Armes this wee grant and therefore acknowledge that in an Aristocracy where the lawes place the supreme power in such a body of men what is done by their authority ought not to be resisted and if any one man take upon him regall power contrary to their constitutions he is a Traytor and may be cut off But this concludes nothing in a Monarchy Res apud alios acta aliis non praejudicat for their error is They make the two Houses the Kings superiors who themselves disclaime it in words and seeme to aske you who made them supreme Ruler for all their petitions which are the acts of them not as single men but as united bodies and considered unitivè not disjunctivè socially not severally carry this truth in the Title Your Majesties humble and obedient Subjects the Lords and Commons in Parliament c. which acknowledges their obligation to be under him and to say otherwise would be of dangerous consequence for if they be not His Subjects they put themselves out of His protection Some againe thinke it too grosse and absurd to maintaine that Subjects in any capacity are above their King and therefore a coordination serves their turne By which if they meane an equall right in the King and the two Houses of a negative voyce in respect of new Lawes to be enacted or old abrogated this is granted but will doe them no service and indeed it overthrowes their cause For as the King doth not pretend that he can make use of his power to make new lawes without their consent so by the same reason neither can they challenge a right of taking away our old Government without the Royall assent But if they meane by coordination a division of Soveraignty this is against the nature of it and a cleare contradiction So that if he be our onely Soveraigne there is no such thing as coordination if they be joynt-Soveraignes in what a miserable condition are we English-men who should be bound to impossibilities to obey three masters commanding contrary things They might as well challenge us to doe homage to them which is and ought to be performed onely to the King tum per id efficiamur homines solius illius cui juravimus as the Civilians determine and we cannot be duorum in solidum l. Si ut cer § Si duobus D. commodati Some and those the most desperate mutineers lay such principles as will
our servant to destroy us Certainly if he endeavour to stop that breath which created him and to overthrow the underived authority of the people he is no longer their Tribune Is it not a most unreasonable thing that a Tribune may imprison the Consull if it conduce to the preservation of the State because in that the peoples safety is concerned and yet that the people cannot depose him in their own defence and resume their power when imployed to their ruine For as the Consul so the Tribune likewise is the peoples creature they live and move and have their being in their election Againe Regall dignity in which the powers of all other Magistrates of what degree or ranke soever were united and made up a personall Soveraignty was declared sacred and holy by the most solemne and most religious Ceremonies as approaching nearer to and partaking much of Divinity neverthelesse the people expell'd Tarquin abusing his Royall power and some personall faults were thought a sufficient reason to take away the most ancient Magistracy and that which founded Rome it selfe There are not in this Citie any persons more holy more venerable then those pure votaresses the vestall virgines whose charge it is to preserve the eternall fire But if they staine their honour our Law buryes them alive They cannot challenge any priviledges belonging to their sacred employment because when they cease to respect the Gods we no longer owe a reverence to them which is paid onely in order to their service of the Gods Can it then be reasonable to suffer the peoples enemy to enjoy the priviledges due to their Protector He would cut off those hands which hold him up If the consent of the major part could make him Tribune shall not the same power which did constitute be equally strong to dissolve and much more can a greater power depose him the concurrence even of the whole people declaring him unworthy What is more holy what lesse to be violated then things offered up and consecrated to the Gods And yet no man dares forbid the people to make use of these or to remove them from one place to another as oft as they shall judge it convenient so to doe By the same reason without dishonour to the Authority they may discharge the person and choose out a better habitation for that sacred office That the Magistrate is separable from the man is evident because many when made by the people out of a love to a retired life or a sense of their infirmities and unfitnesse to manage the publique have deposed themselves others have intreated the people to choose more able servants Plutarch in the life of Tiberius and Gajus Gracchi It is needlesse to make the application Observe the event This illegall deed which was justifyed only by a pretended necessity for I know not what imminent dangers did threaten the Common-wealth except this Bill did pasle being ventured on by the unconsidering multitude to avoyd Civill Warre proved the ready meanes to kindle it The flames of which sodainely consumed the author with many of his adherents For one Nasica so managed Gracchus his seditious principles that he killed him with his owne weapons For taking advantage of the many discontents he requires the Consull to aide the publique safety by destroying him who had usurped a tyrannicall power The Consul replyes with much moderation justice and prudence It did not become him to make force the measure of right nor could he kill a common Citizen before he were brought to a legall tryall condemnation had past upon him But he promises if the people either seduced or awed by Tiberius should Vote any Ordinance contrary to established Lawes he would esteeme it of no force and would not yield to the observance of it Nasica rises up in a rage and gives the word to the Tumult since then the chiefe Magistrate neglect the common safety wee must not be wanting to our owne preservation such as will maintain the reverence due to lawfull authority follow me In this mutiny Tiberius falls a sacrifice to the publique peace Stones and Staves were the onely weapons by which this popular man and above three hundred of his companions were destroyed The behaviour of Blossius a great incendiary and an over active instrument to advance wicked designes is very remarkable He being arraigned before the Consuls confesses freely he had executed what ever Tiberius had commanded him Nasica askes him what he would have done if he had beene commanded to fire the Capitoll He replyes Tiberius would not have commanded such a thing others presse hard upon him to tell his resolution in case Tiberius should have commanded it He plainely tells them he had then done it being confident Tiberius would not have commanded it except it were for the good of the people The parallel will be defective if there have not beene unhappy instruments who captivating their sense to an implicite saith and beleeving not what themselves feele but what others Vote are active in their owne ruine in pursuance of safety and pull upon themselves misery and destruction in obedience to those Ordinances which tell them the Subjects happinesse is thereby advanced There are other circumstances fit to be taken notice of He had provoked so many he did not dare to be a private man againe not any personall ambition but only State jealousie would not permit him to lay downe his power and therefore he so contrives his businesse that the people may choose him Tribune the following yeare not so much to satisfie any private desire for he would seeme to rule only in obedience to their commands as to provide for their good in his owne safety The way to this end was to court the Commons by all popular Artes. He propounded new edicts by which the time of military service was shortned and some yeares were cut off from the prefixed number in which Roman Citizens were bound when called upon to performe the duties of Warre He made it lawfull to appeale from any sentence to the judgment of the people To the Senate in whom only before the authority to administer justice did reside he joyned an equall number of the inferior Commons so that a major part of them with a minor part of Senators if they made the major part of the whole did sway all businesses Thus saith Plutarch by all possible wayes lessening and weakning the authority of the Senate by creating greater power in the people rather out of wilfullnesse and obstinacy then sound reason which must needs perceive it was voyd of all Justice and very disadvantageous to the publique interest He had some other little Artes which stood him in good stead when the Votes of the people were to be numbred to authorize his edicts if he perceived his adversaries would prevaile in number because some of his party were absent he would take some opportunity to picke a quarrell with his fellowes only to divert the businesse for the present
and gaine time and if that would not doe he would dismisse the assembly and command another meeting Then would he appeare first upon the place in mourning apparell and with afflicted lookes and humble countenance sadly requesting the people to take compassion on him who suffered such miserable things and feared worse only for doing them service and desiring them to reward his faithfull endeavour by loving his poore Wife and little Children for he gave himselfe for a lost man since he had reason to feare yet the cause in which he should fall was an unspeakable comfort that the enemies of the Common-wealth and such as maligned their happinesse would come upon him in the night and force his house and murther him These well dissembled griefes so wrought their passions that the abused Citizens set up Tents about his house at their owne charges and maintained a constant Guard for his protection When such men shall make a State miserable under pretence of improving its happinesse and challenge to themselves a right to breake all setled constitutions under colour of forcing upon the Kingdome new Lawes which will be more beneficiall when they shall imprison us at pleasure that wee may injoy our liberties and take away our goods to secure our property and punish the most orthodox conscientious and painfull Preachers and impose upon Congregations factious Lecturers to settle true Religion and when they have acted such high mischiefs shall tell us the Nobility and Gentry of the Kingdome are Malignants and delight in and contribute their aides to advance an illegall government who are certaine to suffer most in it it is then time to cry out Quis tulerit Gracchos de seditione querentes I have beene tempted to a large digression because the same Artes which made Rome miserable are visible in our calamities I will now proceed with Calvin after he hath very conscientiously instructed us in our christian duty by saying all resistance is unlawfull unlesse undertaken by the authority of Magistrates whom the Law enables to be the peoples protectors and gives them the highest power which can only be in an Aristocracy or popular State he hath afforded too great an occasion for mistake by an ungrounded conjecture Et quâ etiam fortè potestate ut nunc res habent funguntur in singulis regnis tres ordines quum primarios conventus peragunt And the same power which the Tribunes of Rome c. had as things now stand peradventure belong to the three Estates when they hold their principall assemblies I could wish I were able to excuse him from temporizing yet he layes it down extream cunningly perhaps peradventure if this chance to be otherwise you have nothing to say for your selves you are condemned out of his mouth and in a poynt of such higly concerning consequences you have no reason to change his adverbe of doubting into an assertive I shall oppose to his perhaps it is certainely not so in England because our Lawes make this a Monarchicall government and so different from that of Rome or Athens or Sparta and therefore conscience hath no warrant for resistance against him in whom the supreme power is placed The worke of the second section was to prove it unlawfull for Subjects to resist him or them in whom the supreame authority that is all the legall power of the Kingdome in order to raise armes is placed I shall now shew the invalidity of their exceptions against it by manifesting that no dispensation grounded upon what causes soever as indeavours to make them slaves or beggars or to introduce another and a false religion and what else may be comprehended under the extreame abuse of this power to their oppression or upon any persons as inferiour magistrates or any colour of preserving the authority of the man by fighting and as much as in them lies destroying the man in authority or of making the power well used for the good of the people and not the person abusing that power to be the minister of God c. can excuse such resistance from the sin of rebellion and from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a fighting against God in despising his ordinance Tyrannicall abuse of power doth not make taking up armes against the supreame governour lawfull This truth is confest in words even by their cheife writers Tyranny doth not dispense with the Subjects duty of alleageance though in the meane while they make use of such arguments to prevaile on the peoples affections and exhort them against the King in the feare of God as clearly overthrow this acknowledgment The fuller answere to Doctor Ferne saith thus there are two kinds of tyranny regiminis and usurpationis that of government though never so heavy yet must be indured not only to the good sayes the Apostle 1. Pet. 2. 18. but the froward too and therefore I know no man that defends the ten tribes revolt from Rehoboam p. 22. when they complained of some greivances under which they had groaned in his fathers reigne he was as indiscreete as unjust and told them he would oppresse them more and yet because he had jus regiminis it is ingenuously granted it was unlawfull for them to Rebell The breife answere to Doctor Ferne thus we professe against resisting power authority though abused He doth not hide himselfe as ordinarily by dividing the power from the person who is invested therewith but concludes against resisting the men also If those who have power to make lawes shall make sinfull lawes that is prove tyrants and so give authority to force obedience we say here there must be either flying or passive obedience p. 113. By the same reason if he that hath the only power by lawes already made to traine array and mustar and to dispose of the Militia with which he is intrusted for his Subjects protection and his owne safety should put them into hands which they cannot confide in yet there must be no warre waged to prevent a supposed danger there must be either flying or passive obedience But if one that is in authority command out of his owne will and not by law I resist no power no authority at all if I neither actively nor passively obey no I do not resist so much as abused authority If you meane by not passively obey take up armes ◠against which you must if you speake pertinently and would make an application of this answer to the justification of hostile resistance in Subjects you do resist power and authority in this case For though you are no obliged to yeild obedience either contrary to divine praecept or the knowne lawes of the realme yet by making use of armes you transgresse that law which disables Subjects to make warre without the Princes authority much more against his expresse command to the manifest indangering of his royall Person He answers this had beene but accidentall p. 121. and so we are told by others he might have stayed away Those damn'd assassins and
himselfe with this objection and first he tells us he is confident Tertullian did not speake the truth when he imputes their patience to the power of godlinesse which prohibited resistance and not their want of force to withstand He might as easily have given the lye to Cyprian to the Ecclesiasticall writers who relate the story of the Theban Legion and aquaint us that the greatest part of Julians Army against the Persians consisted of Christians But supposing as he had good reason this bold denyall would not give satisfaction it not being likely his credit should goe farther then the records and evidences out of Holy Fathers and Church story after severall fruitlesse essayes to solve it he pitches at last upon this That honest liberty was hid from them for some speciall ends which since God hath revealed to this latter age and therefore he gave to them an extraordinary spirit of patience and courage which is inconvenient for these dayes wherein God hath afforded a more plentifull light and shewes us our liberty and that there is no necessity of being Martyrs It is now the wickeds turne to suffer I will set downe his words at large for they are so strange sober men might doubt the faith of a relater Certaine it is That the frame and tenor of Gods after dispensations did require that such a liberty should be hid from them or at least that they should not make use of it as on the contrary the nature and purport of those dispensations which God hath now in hand requires that this liberty should be manifested and made known unto Christians We know that according to the counsell and foreknowledge of God Antichrist was then to come into the world as now wee know that he is about to be destroyed and cast out of the world Now this is a generall rule looke what truthes were necessary to be shut up and concealed from the Churches of Christ that Antichrist might passe by and get up into his throne the discovery and letting out of the same into the world are necessary for his pulling downe c. But God causing a dead sleep as it were to fall upon those truthes which should in speciall manner have opposed him he had the opportunity without much contradiction or noyse to steale and convey himselfe into that cathedram pestilentiae that chaire of Papall state which yet he possesseth Now amongst many other truths which were of necessity to be layd a sleep for the passing of this beast unto his great power and authority and for the maintaining and safeguarding of him in the possession hereof this is one of speciall consideration That Christians may lawfully in a lawfull way stand up to defend themselves in case they be able against any unlawfull assaults by what assailants or by what pretended authority soever made upon them For had this opinion beene timeously enough and substantially taught in the Church it would certainly have caused an abortion in Antichrists birth and so have disappoynted the Devill of his first borne Had not the spirits and judgments and consciences of men beene as it were cowed and marvailousâ—y imbased and kept under and so prepared for Antichrists lure by doctrines and tenents excessively advancing the power of superiors over inferiors and binding Iron yokes and heavy burdens upon those that were in subjection doubtlesse they would never have bowed downe their backs so low as to let such a beast over them they would never have resigned up their judgments and consciences into the hands of such a spirituall Tyrant as he So that you see there was a speciall necessity for the letting of Antichrist into the world yea and for the continuance of him in his throane that no such opinion as this which wee speake of whether truth or untruth should be taught and beleeved I meane which vindicateth and maintaineth the just rights and liberties and priviledges of those that live under authority and subjection unto others Whereas now on the contrary that time of Gods preordination and purpose for the downefall of Antichrist drawing neere there is a kind of necessity that those truths which have slept for many yeares should now be awakened and particularly that God should reveale and discover unto his faithfull Ministers and other his servants the just bounds and limits of authority and power and consequently the just and full extent of the lawfull liberties of those that live in subjection Evident it is that they are the Commonalty of Christians I meane Christians of ordinary ranke and quality that shall be most active and have the principall hand in executing the judgments of God upon the Whore Consider that place Revel 18 4. 5 6. Now that this service shall be performed unto God by them Christians I meane of under ranke and quality contrary to the will desires or commands of those Kings and Princes under whom they live it appeares by that which immediately followes v. 9. pag. 30 31 32. The peremptory conclusion of all is that the lawfulnesse of Rebellion is now discovered to Gods Church as the necessary meanes to ruine Antichrist for the Kings will never be perswaded to effect this great and holy worke and therfore the People must Whereas the Text saith expresly That the ten Kings shall hate the Whore and shall make her desolate and naked and shall eate her flesh and burne her with fire For God hath put in their hearts to fulfill his will Revel 17. 16 17. Least the people should be frighted by this as they justly ought from making rebellious attemps against lawfull authority because that in Gods good time will arme them and fight joyntly the Lords battaile against the Beast he labours to remove this scruple I conceive saith he this is not meant of the persons of Kings but of their States and Kingdomes id est of the generality of the people under them Master Goodwin pag. 32. The Kings shall hate the Beast that is the people shall hate their Kings and religiously rebell against them in order to the destruction of Antichrist The same Doctrine is delivered by Master Burroughs There is a necessity that in these times peoples consciences should be further satisfied in their liberties then formerly because the time is wee hope at hand for the pulling downe of Antichrist and wee find by Scripture this worke at first will be by the people Revel 18. pag. 144. and for a close pag. 145. Surely the right knowledge of these liberties God hath given the people will much helpe forward the great things God hath to doe in this latter age I must confesse my heart is filled with sorrow when I consider how farre the reformed Religion is degenerated which can be no longer pure then it continues peaceable But alas it is become the mother and nurse of Rebellion it foments sedition and advances the rvine of States What a sad thing is it that factious Preachers should so farre bewitch the people by strong delusions as
as unto them that are sent by him Deodate expresses it very fully in his Italian translation Siate adunque suggetti ad ogni Podestà criata dagli huomini per l'amor del signore al Rè come al sourano ed a governadori come a persone mandate da lui That wee may not mistake he tells us that by Power or Ordinance is meant Persons endued with power ad ogni Podestà is sayes he in his glosse upon the place a Principi Magistrati Rettori created by or amongst men dagli huomini o fra gli huomini per la conservatione e condotta della società humana Jude when he condemnes despisers of dominion and such as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 speake evill of dignities v. 8. meanes to commend to us the same duty which Paul taught us out of the law which is free from all ambiguity and concludes for the persons When Ananias the high Priest whose duty was to judge after the law commanded him to be smitten contrary to the law he as was supposed by them in passion returnes ill language and being justly rebuked by the by-standers he confesses he ought not to revile the Priest though he did evidently abuse his authority much lesse ought he to strike againe with pretence of honouring his authority but not being bound to submit to his personall commands contrary to the law I wist not brethren that he was the high Priest for it is written thou shalt not speake evill of the Ruler of thy people Act. 23. 5. St Paul was unacquainted with this subtility which allowes to speake evill nay to make hostile resistance against men in authority so they professe to honour the authority of those men It is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so Master Burroughs his personall strength not any legall power which is resisted if he doe any thing against law and this sayes he is not forbidden we may resist men though not powers wee must not be subject to will but to law p. 113. His mistake lyes in this that he thinkes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 power signifies the right and honest use of authority whereas it signifies the right to use his authority whether well or ill 't is all one to us for matter of submission to it either by obedience or patience because no resistance can be lawfull for want of a superior jurisdiction by which onely wee can be enabled to call him to an accompt for his actions The truth of this is made evident in Joh. 19. 10 11. Pilate faith unto him knowest thou not that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I have power to crucifie thee and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I have power to release thee Jesus grants it and answers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. thou couldest have no power at all against me except it were given thee from above By 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 therefore are meant persons invested with authority The reason which made Paul call Magistrates by the Abstracts Powers was this he wrote to Christians living in the Roman Empire and it was the custome of the Latine Language to call persons endued with power potestates by the name of powers You may observe it in Vlpian l. quid sit D. de Aedil edict § 19. and in Augustine epist 48. who saith sive potestas veritati favens aliquem corrigat laudem habet ex illa qui fuerit emendatus sive inimica veritati in aliquem saeviat laudem habet ex illà qui fuerit coronatus Mark that potestas inimica veritati this must needs signifie a man abusing his authority And in Juvenal An Fidenarum Gabiorumque esse potestas and in Suetonius Jurisdictionem de fidei commissis quotannis tantum in urbe delegari magistratibus solitam in perpetuum atque etiam per provincias potestatibus delegavit The moderne languages Italian and French which were bred out of the Latine retaine the ancient use of speaking for potestat in French and podestà in Italian expresse not the function onely but the person which manages it Thus anciently the Latine word for a Justice of peace who now is called justitiarius was justitia as you may find in Glanv lib. 2. cap. 6. and Roger Hovedens Annals so our King is called in the abstract Majesty as the Grecian Emperours 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Many ridiculous consequences flow from hence but I list not to make sport with that unhappy distinction which hath almost ruined as flourishing and strongly temperd a Kingdome as any in the Christian world It exposes Magistrates and all in authority to the contempt and injuries of the baser sort of people For when discontented it is very obvious for them to tell them a reverence is indeed due to their function therfore that they setting their office aside will take liberty only to kick their persons and that the Magistrate is not at all affronted though the man be soundly beaten It is against common sense to put such a difference betweene the person and the authority of the King for if it were reall neither God nor the Lawes of the Land have made any provision for the Kings safety for His authority is not capable of receiving any benefit and therefore it must be acknowledged by all sober and reasonable men that His authority doth but convey such and such priviledges upon the person who onely can be sensible of them and consequently whatever is attempted against his person is attempted against his authority likewise Another cavill is taken from these words in Rom. 13. For Rulers are not a terror to good workes but to the evill wilt thou then not be afrayd of the power doe that which is good and thou shalt have praise of the same For he is the minister of God to thee for good Their Argument is framed thus A Magistrate is the Minister of God for our good therefore he which is not a Minister for our good is no Magistrate and to resist him is not to resist the ordinance of God which instituted Rulers for the peoples happinesse but the faults and exorbitances of men which endeavour to rob them of the blessings of divine providence orderly government and to make them bow downe under the heavy burdens of an arbitrary sway Their conclusion contradictory in it selfe is plainly this A bad Magistrate is no Magistrate as being a terror to good works and giving praise to the evill contrary to Saint Pauls definition of Rulers and therefore no honour is due to him no resistance is forbidden Answ The example of Christ commanding them to pay tribute to Caesar as his due the end of which was that he should mind their good though he neglected that duty and his acknowledgment of Pilates power or right to judge though he exercised it to the condemnation of the innocent and Saint Pauls confession that notwithstanding the high Priest commanded him to be smitten illegally which in their language was abuse of will not power yet hee
doe otherwise for the use is left indifferent in respect not of the Magistrates but Subjects duty so that abuse doth not voyd authority when swerving from lawes is of divine constitution The obligation not to resist superiour powers receives not strength from mans justice nor is it weakned or made null by injustice Saul was Gods anoynted and Pilate had authority from Heaven notwithstanding the extreame abuse of it Had the Apostle meant as they endeavour to perswade the world considering what Governours the Christians then lived under he had laid downe a doctrine of rebellion whereas he labours to teach them patience Thus much in answer to their objections against what was delivered in the second Section I shall now examine their exceptions against what was assumed in the precedent Section The King of England hath Supreme power Exc. There is a mixture or coordination in the supremacy and the English Monarchy is compounded of three coordinate estates Answ I have shewed before that a mixt Monarchy is a contradiction and that by this name can only be meant a restrained and limited Monarchy that is that such a King though he have Supreme yet hath not absolute power By reason of this restraint from his owne grant and positive constitutions active obedience is not due to his illegall commands and by reason of his supreme power and sole right to make Warre and Peace passive obedience is necessary Monarchy compounded of three coordinate Estates in plaine English speaks this nonsense the power which one only hath is in three joyntly and equally The ground of this invention and so much fancyed coordination which our ancient Lawyers never dreamt of may be this If they meane by it that the consent of all three Estates I will not alter the new manner of expressing this government but only take notice by the way that heretofore the Parliament was taken for an Assembly of the King and the three Estates and that in all other Kingdomes likewise there are three States the Clergy the Nobility and the Commonalty distinct from the Head are equally required for transacting such businesses as the King hath obliged himselfe not to doe without them and that they have the right of a negative voice wee shall indulge to them the name of coordination to two purposes which are making new repealing old lawes and supplying the Kings necessities in such proportion as they shall think fitting These are great democraticall advantages but include no authority of making hostile resistance against their soveraign in case he should do contrary to the established laws These are still in force till abrogated by joynt consent and bind his conscience but he cannot be forced to put them in execution because he hath no superior in jurisdiction and he hath no equall in managing jus gladii the materiall sword which is necessary to distinguish their resistance from rebellion and give it the title of a just warre For except they can prove themselves not be His Subjects I am forced to tell them if they fight against him they are by the law of Nations and of this land worthily reputed Rebells and by divine law they are assured of damnation Thus therefore the two Houses or two Estates of Lords and Commons are not bound to submit their consent to the Kings command in matter of Subsidy or taking away any ancient Law if they conceive it disadvantageous to the Common-wealth Par in parem non habet imperium in those things in which they are equall as a rather and a sonne being joyned in commission in this sense let them be called coordinate Yet they are subject in all other things and therefore may not take up armes without his consent for this is destructive of their alleagiance If there be a Coordination in the supremacy that is if the King and Lords and Commons are joyntly the supreme governour the Correlatum is wanting none are left over whom they should Reigne wee should have a Kingdome without a Subject because all may challenge a share in soveraignty The Parliament not sitting they will not deny the supremacy to be solely in the King and certainly by calling His great Councell together he doth not empty himselfe of any regall power it were very strange our lawes should be guilty of such vanity to make a uselesse coordination for if His rivalls should make any attempts upon His Prerogatives He can legally dissolve them except when he hath past a particular grant for their continuance and then the enlargement of their time of setting doth not enlarge their power and after He hath dismist the Assembly as the right to doe so is unquestionable then He is Supreme againe none being left to stand in competition The cleare businesse is this all markes of supremacy are in the King nor is it any Argument of communicating His power that He restraines Himselfe from exercising some particular acts without consent of Parliament for it is by vertue of His owne grant that such after acts shall not be valid He hath not divided His legislative faculty but tyed Himselfe from using it except by the advice and consent of the Peeres and at the request of the Commons their rogation must precede His ratification I shewed this in the Roman Empire likewise and yet none fancyed an equality between Subjects and the King or Emperour was thereby introduced As the houtefeus of France argued from the denomination of Pares Franciae to make them equall with the King so our Incendiaries from Peeres and Comites to bring in a coordination whereas it is evident that Peeres referres not to the King but signifies as the Persian 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mentioned in Zenophon Subjects in the same ranke of honour and enjoying equall priviledges one is another And to make Comites is called by Lampridius in conubernium imperatoriae majestatis asciscere our lawyers derive them from having that speciall honour to be in comitatu regis Suetonius calls them comites peregrinationum expeditionumque Tiberii They were of three rankes under the Emperours Comites intra consistorium were the highest and in the nature of privy councellours but created by the Emperour the fountaine of all honour and so not similes altissimo equall to him though exalted above fellow Subjects The briefe is the frame of governement as it is established by our lawes clearely condemnes their undertakings and therefore they have laid such a foundation as will support the building For if they can but prove that Parliament men and those who are stirred up to fight against their Soveraigne are not the Kings Subjects they have acquitted them from being Rebells We have seene the ground worke and shall now take the superstructure into due consideration the whole fabrick is comprised in that exiome so frequently applied to justifie all illegall proceedings Coordinata se invicem supplent Coordinates ought mutually to supply each others failing that we may not suffer whether by necessary or voluntary defects and that