the other for it's Founder But then the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the peculiar Epithet of Monarchy will beare another sence then I have hitherto given it And will not only signifie the King to be Supream for so the Rulers of a Free State are within their owne Territories but compared with other Formes of Supremacy to be the most excellent Monarchy being in it selfe least subject to Disunion or civill Disturbance And for that Reason pronounced by the wisest Stateists to be that Forme of Governement into which all other incline naturally to resolve themselves for their perfection But by Governours in that place understanding as he doth not the Senate in a Free-state but the Subordinate Magistrates under a Prince the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 most certainly belongs to the King To whom the Apostle there assignes the Mission of Governours as one of the Essentiall Markes and Notes that He is in His owne Realm Supream And thus Sir having drawne the portraiture of Regall Power to you by the best Light in the world but with the meanest Pencill I know you expect that in the next place I should shew you what Rayes or Beames of this power are Inherent in our King Which being a taske fitter for one of our greatest Sages of the Law then for me who being One who doe not pretend to any exact knowledg in the Fundamentall Lawes or Customes of this Kingdome which are to stand the Land-marks and markes of partition between the Kings Prerogative and the Liberty of the Subject may perhaps be thought by drawing a line or circle about either to limne Figures in the Dust whose â—…ate bangs on the Mercy of the next Winde that blowes the steps by which I will proceed leaving you to the late writings of that most learned and honest Iudge Ienkins for your fuller satisfaction in this point shall be breifly these two First I will shew you what are the Genuine markes and properties of Supream power Next how many of them have been challenged by the King and have not hitherto been denyed Him by any Publique Declaration of the Parliament Sir if you have read Aristotles Politicks as I presume you have you may please to remember that he * there divides the Supream Powere of a State into three generall parts The Ordering of Things for the publique the Creation of Magistrates and the Finall resolution of Iudgment upon Appeales To which he afterwards addes the power of Levying Warre or concluding of Peace of making or breaking Leagues with forraigne Nations of enacting or abrogating Lawes of Pardoning or Punishing Offendors with Banishment Confiscation Imprisonment or Death To which Dyonisius Halicarnassensis addes the power to call or dissolve Comitia or publique Assemblies As well Synods and Councells in Deliberations concerning Religion as Parliaments or Senates in Deliberations secular concerning the State To all which markes of Supreame power a * Moderne Lawyer who only wants their Age to be of as great Authority as either addes the power to exact Tribute and to presse Souldiers In the exercise of which two Acts consists that Dominium Eminens or Dominion Para mount which the state when ever it stands in need And that too to be the Iudge of its owne Necessity hath not only over the Fortunes but the Persons of the Subject In a measure so much greater then they have over themselves as the publique poole is to be preferr'd before the private Cisterne Now Sir if you please to apply this to the King though good Lawyers will tell you that the power of making or repealing Laws be not solely in Him but that the two Houses have a concurrent right in their production and Abolishment yet they will tell you too that His power extends thus farre that no Law can be made or repealed without Him Since for either or both Houses to produce a Statute Law by themselves hath alwaies in this State been thought a Birth as Monstrous as if a Child should be begotten by a Mother upon her selfe They usually are the Matrice and Womb where Lawes receive their first Impregnation and are shap't and formed for the publique But besides the opinion of all present Lawyers of this Kingdome who like that great example of Loyalty dare speak their knowledge it hath alwaies been acknowledged by the Law made 2. H. 5. By the sentence of Refusall Le Roy S' Avisera and indeed by all Parliaments of former Ages That the King is thus farre Pater Patriae that these Lawes are but abortive unlesse his Consent passe upon them A Negative power He hath then though not an out-right Legislative And if it be here objected by your Friend that the two Houses severally have so too I shall perhaps grant it if in this particular they will be modest and content to go sharers in this Power And no longer challenge to their Ordinances the legality force of Acts of Parliament As for the other parts of Royalty which I reckoned up to you As the Creation of Officers and Counsellours of State of Iudges for Law and Commanders for Warre the Ordering of the Militia by Sea and Land The Benefit of Confiscations and Escheats where Families want an Heyre The power to absolve and pardon where the Law hath Condemned The power to call and disolve Parliaments As also the Receipt of Custome and Tribute with many other particulars which you are able to suggest to your selfe They have alwaies been held to be such undoubted Flowers of this Crowne that every one of them like his Coyne which you know Sir is by the Law of this Land Treason to counterfeit which is an other mark of Royalty hath in all Ages but Ours worne the Kings Image and superscription upon it Not to be invaded by any without the crime of Rebellion And though as your Friend saies this be but a regulated power and rise no higher in the just exercise of these Acts then a Trust committed by the Lawes of this Kingdome for the Governement of it to the King for I never yet perceived by any of His Declarations That His Majesâ—…y câ—…aimed these as due to Him by Right of Conquest or any â—…er of those Absolute and Vnlimited waies which might render His Crowne Patrimoniall to Him or such an out-right Aâ—…odium that He might Alienate it or chuse His Successour or Rule as He pleased Himselfe yet as in the making of these Lawes He holds the first place so none of these Rights which he derives from them can without His own Consent be taken from Him For proofe hereof I will only instance in three particulars to you for I must remember that I am now writing a Letter to you not penning a Treatise which will carry the greater force of perswasion because confâ—…st by this Parliament The first was an Act presented to the King for the setling of the Militia for a limited time in such Hands as they might confide in A clear Argument that without such
upon a new forme of State or such a confusion or no Forme of state as we see hath almost drawn ruine upon themselves and their Countrey Once more therefore I must aske your Friend what he meanes by Liberty I hope he doth not mean an Exemption from all Governement Nor is fallen upon their wilde Opinion who held that there ought to be no Magistrate or superior among Christians But that in a freedom of condition we are to live together like men standing in a Ring or Circle where Roundnesse takes away Distinction and Order And where every one beginning and ending the Circle as none is before so none is after another This Opinion as 't would quickly reduce the House of Lords to the House of Commons so 't would in time reduce the House of Commons to the same levell with the Common people who being once taught that Inequality is unlawfull would quickly be made Docile in the entertainment of the other Arguments upon which the Anabaptists did here to fore set all Germany in a flame Namely that Christ hath not only bequeathed to Men the liberty of his Gospell but that this liberty consists in ones not being greater then another It being an Oracle in Nature that we are all borne Equall That these words of Higher and Lower superiour and Inferiour are fitter for Hills and Vales then for men of a Kind That the names also of Prince and Subject Magistrate and People Governours and Governed are but so many stiles Vsurpt Since in Nature for one Man to be borne Subiect to another is as much against Kinde as if men should come into the World with chaines about them or as if Women should bring forth Children with Gyves and shakles on Which Doctrine as 't would naturally tend to a Parity so that Parity would as naturally end in a Confusion Lastly therefore I will understand your Friend in the most favourable sence I can That by the Parliaments defence of the Peoples Liberty he meanes the maintenance of some Eminent Rights belonging to the Subiect which being in manifest danger to be invaded and taken from them could not possibly be preserved but by Armes taken up against the invader But then granting this to be true as I shall in fit place shew it to be false yet the King being this invader unlesse by such an Invasion He could cease to be their King or they to be his subiects I cannot see how such Rights could make their Defence lawfull For the clearer Demonstration of this I shall desire you Sir not to think it a digression in me if I deduce things somewhat higher then I at first intended or then your Letter requires me Or if to cure the streame I take the Prophets course and cast salt into the spring And examine first How farre the Power of a King who is truly a King and not one only in Name extends it selfe over Subjects Next whether any such Power doe belong to our King Thirdly if there doe How farre 't is to be obeyed and not resisted As for the first you shall in the Scripture Sir find two Originalls of Kings One immediatly springing from the Election and choice of God himselfe The other from the choice and election of the People But so as that it resolves it selfe into a Divine Institution The History of Regall power as it took Originall from God himselfe is set downe at large in the eight Chapter of the first Book of Samuel where when the Israelites weary of the Government by Iudges who had the same power that the Dictators had at Rome and differ'd nothing from the most absolute Monarchs but only in their Name and the temporary use of their power required of Samuel to set a King over them God bid him hearken to their voyce But withall Solemnly to protest and shew them the manner or as one translat â—…s it more to the mind of the Originall Ius Regis the Right or power of the King that should raigne over them That he would take their sonnes appoint them for his Charets And their Daughters to be Confectionaries and Cookes fâ—…r his Kitchin That he would also take their fields their Uineyards and their Olive-yards even the best of them and give them to his Officers Lastly That he would take the Tenth of their seed and shâ—…epe And yee saies the Prophet which is a very characteristicall marke of subjection shall be his servants All which particulars with many others there specified which I forbeare to repeat to you because they rise but â—…o the same height may in othâ—… termes be briefly summed up into these two Generalls That the Iews by requiring a King to be set over them such a King as was to Raigne over them like the Kings of other Nations divested themselves of two of the greaâ—…est Immunities which can belong to Freemen Liberty of person and propriety of Estates And both these in such an unlimited measure as left them not power if their Prince pleased to call either themselves or Children or any thing else their owne To this if either you or your friend shall reply that this was but a Propheticall Character of Saul and a meere prediction to â—…he people whaâ—… He made King would doe noe true Draught of his Commission what He in Iustice might since a Prince who shall assume to Himselfe the exercise of such a boundlesse power doth but verify the Fabâ—… a Sâ—…ork set over a Common wealth of Froggs They to be his prey not He to be their King To the first I answer negatively That what is said in the fore-mentioned Chapter by Samuel cannot be meant only of Saul since nothing is there said to confine the description to this Raigne Nor doth any part of his History charge him with such a Government Next I shall gâ—…ant you that no Prince ruling by the strict Lawes of naturall-equity or Iustice can exercise all the Acts of power there mentioned Nor can his being a King so legitimate all his Actions or so outright exempt him from the common condition of men that what ever he shall doe shall be right Most of the Acts there recorded are not only repugnant to the Lawes of sociable Nature or just Rule which forbids One to have All and binds Princes themselves in chains of Reason but to the Law of God in another place which allowes not the King of his own choyce to Raigne as he list but assignes him the Law of Moses for his Rule From which as often as he broke loose he sinned like one of the People yet so as that upon any such breach of the Law 't was not left in the power of the People to correct him or to force him by a Warre likâ—… ours to returne back again to hiâ—… duty His commission towards them if you marke it well â—…an in such an uncontroleable stile that his best Actions and his worst towards them wore the same warrant of Authority However
therefore Regall power in the forementioned place of Samuel be called the manner of what a King would doe yet that Manner as I told you before carryed a Ius or power with it unquestionable by the Subiect to doe if he pleased things unlawfull And hence 't is that the Prophet tells the Iews at the 18. verse of that Chapter That in the Day they found themselves opprest by their King they should cry out for redresse to the Lord As the only Arbâ—…ter and Iudge of the Deeds and Actions of Princes The Originall of Regall power as it took beginning from the People you have most lively exprest to you by S. Peter in the 13. v. of the 2. Chapter of his 1. Epist. Where exhorting those to whom he wrote to order their Obedience according to the severall Orbes and Regions of power of the States wherein they lived he bids them submit themselves to every Ordinance of Man whether it be to the King as supreme or unto Governors as unto them who are sent by him c. In which words I shall desire you to observe First that Monarchy as well as other Formes of Government is there called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Human Creature or thing of Humane Creation From whence some such as your Friend who I perceive by his Arguments against Monarchy in your Letter hath read Iunius Brutus and Buchanan have inferred That as to avoid Disorder and Confusion people did at first passe over the Râ—…le and Government of themselves to a Prince so the Prince being but an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Derivative from them doth still retain a Dependance on his first Creators And as in Nature 't is observed that waters naturally cannot rise higher then their Spring-head so Princes they say have their Spring-head too Above which as often as they exalt themselves 't is in the power of the Fountain to recall it's streame and to bring it to a plaine and level with it selfe For though say they it be to be granted that a King thus chosen is Major singulis superiour to any One yet he is Minor vniversis Inferior to the whole Since all the Dignity and power which makes him shine before the People being but their Rayes contracted into his Body they cannot reasonably be presumed so to give them away from themselves as that in no case it shall be lawfull to call for them back againe For answer to which Opinion taken in by your Friend from his misunderstanding of that Text I will goe no farther then the place of Scripture on which 't is built where without any criticall strife about the signification of the Words I will grant that not only Monarchy which is the Government of a People by a Prince But Aristocracy which is the Government of a People by States Democracy which is the Government of the people by the people hath next and immediatly in all States but the Iewish been 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of Humane Creation But then that 't is not so purely humane as not to be of Gods Creation and Institution too is evident by the words next in Contexture where the Apostle bids them to whom he wrote to submit themselves to every such Ordinance of man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For the Lords sake who by putting his Seale of Approbation to mens Elections and choyce hath not only authorised a Humane Institution to passe into a Divine Ordinance But towards it hath imprinted even in Nature it selfe such a Necessity of Government and of Superiority of one man over another that men without any other Teacher but their owne inbredde Instinct which hath alwayes whisper'd to them that Anarchy is the Mother of Confusion have naturally fallen into Kingdoms and Commonwealths And however such a state or condition of life under a Prince or Magistrate be something lesse free then not to be subject at all since mens Actions have hereby been confined to the Wills of Superiours whose Lawes have been certaine chaines and shackles clapt upon them yet a subjection with security hath alwayes by wise men been preferr'd before Liberty with danger men have bin compelled to enter into those Bonds as the only way meanes to avoyd a greater Thraldome Since without such a subordination of one man to another to hold them together in just society the Times of the Nomades would return where 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the weaker served only to be made a prey to the stronger The next thing which I shall desire you to observe from that Text is that the King though chosen and created by the People is there stiled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Supreame Now Sir you know that 〈◊〉 Supream is so to be over others as to have no Superiour above him That is to be so Independently the Lâ—… of his owne Actions of what sort soever whether uniust or just as not to beaccountable to any but God If he were that other to whom he is accountable would be Supream not He. Since in all things wherein he is Questionable He is no longer the King or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there describâ—…d but a more specious Subject Whereupon will either follow this contradiction in Power That the same Person at the same Time may be a King and no King or we must admit of an Absurdity as great which is That a Supream may have a Supream which to grant were to cast our selves upon an Infinite progresse For that there must be a Non-ultra or Resolution of power either into one as in a perfect Monarchy or into some Few as in the Government by a Senate or into the Maior part of the People joyning suffrages as in a pure Democracy All three Formes agreeing in this That some body must be Supream and unquestionable in their Actions the nature of Rule and Businesse and Governement it selfe demonstrates to us Which would not else be able to obtaine it's ends or decide controversies otherwise undeterminable And however this power may sometimes be abused and strained beyond it's Iust limits yet this not being the fault of the power but of the Persons whose power t is it makes much more for the Peace of the publique that one or Few should in some things be allowed to be unjust then that they should be liable to be Questioned by an Ill Iudgeing Multitude in All. The third thing which you may please to observe from that peece of Scripture is The Creation of Magistrates or Governours who are there said to be sent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 By Him Where a Moderne Writer applyes the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or By Him to God As it all other Governours were sent by Him not by the King Which Interpretation of the place I would admit for currant if by the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Governours so sent he did understand the Rulers in an Aristocracie or Free-state which being a Species of Governement Contradistinct to Monarchy cannot be denyed to have God as well as