THE ARMIES VINDICATION Wherein these five things are proved First That there is a Supream and Soveraign power alwayes residing in the People over and above Kings Secondly That all Kings have been and still are subject to and under Law Thirdly That the People have power not only to convent but to censure depose and punish their Kings for their Tyranny and misgovernment Fourthly That no Nation is so strictly tied to any one form of civill Government or Law but it is lawfull for the People to alter the same to another form or kind upon occasion Fiftly Amongst all formes of Civill Government Aristocratical or Popular is best and safest for the People Besides Here is shewed that to claim any Crown by an hereditary or successive title is upon a false and unjust ground In reply to Mr. William Sedgwick Published for the Kingdomes satisfaction By ELEVTHERIVS PHILODEMIVS 1 Cor. 7.21 But if thou mayest be made free use it rather Printed for Peter Cole at the signe of the printing presse in Cornhill neer the Royal Exchange Anno 1649. To his Excellency Thomas Lord Fairfax Lord General of the Parliaments forces and the General Councel of War My Lord and Gentlemen HAving spent some time in looking over the histories of Nations our own Records and Statutes with severall other works of Statists Politians Lawyers I found that saying truly verified of Solomon In much wisdome is much grief and he that increaseth knowledge increaseth sorrow and what he afterward concludes of all his own works and labour I observed to be most true in them touching Polities and civil government Behold all was vanity and vexation of spirit and there was no profit under the sun For indeed men have acted and written either in reference to Princes to humor and please their lusts and will or like the unwise builder the blind leading the blind have built upon the sand upon unsound bottomes and false principles And therefore as Christ in the controversie betweene him and the Pharisees touching divorce sends them back to the originall and first institution of marriage and to the Fathers of the first age of the world as being the first and best pattern and Paul to reform the abuses in the Lords Supper cals them Corinthians to the first institution So there is no better way to have a Common-wealth setled in peace and righteousnesse then to look back at the beginning when men walked by the exact and even rules of equity justice conscience and kept the clear and plain principles of reason and nature this is the Land-measure and Standard whereby the faulty measures coming after are to be corrected and amended How this light first came to be less'ned and then by degrees afterwards upon the matter quite extinguished in some Kingdomes and darknesse to break in as Soveraignities Monarchies Kings prerogatives arbitrary power regal immunities Crownes hereditary and successive c. all bloody and black Characters of Tyrants and conquest it is easie to be seen and I shall shortly by the good hand of God assisting me give you and the whole Nation good satisfaction In the mean time I have thought good to publish this small Treatise and howsoever I question not but your present work and way is clear to you yet to the nation generally it may serve in some good stead as to satisfie the weaker confirm the stronger informe the ignorant and leave the wilfull and obstinate without excuse For the man with whom I deal I have nothing here to say neither indeed would I have sayd any thing to his work considering what for a man he is but that I perceived it was in the mouth of some much cried up people it seemes that are not able to put a distinction between wind and words nor know any difference between rayling and reason And now my Lord and Gentlemen upon you at the present is the eye of the nation you are as a city set upon a hil all Kingdoms about us are looking on you and great things are hoped for and exspected from you and this I must needs tell you the cause of Christ lies much now upon your actings if you doe the worke of the Lord negligently unfaithfully fearfully oh my bowels doe yearn and I tremble to think what dishonor will come to Gods great name what scandal and proach to the glorious Gospel what sadnes and sorrow too the soules of the righteous and what tryumph and joy there will be in the tents of wicked men But I hope better things of you though I thus speak I need not tell you how much you have seen of God and how his powerfull presence hath gone all along with you to this present time neither need I tell you by what a strong arm and a strange providence you have beene brought up to this work But if you should now ask of me as the young man did of Christ what lack we yet I would say constancy and faithfulnesse to the end will crown not only this but all your former actions Methinks I could say more to you then Mordecai did to Hester Who knowes whether thou art come to the Kingdom for such a time as this We know and blessed be God for it the Lord hath made you his Israels Saviours and by you hath wrought deliverance for his people he hath put much glory already upon you now therfore stand fast quit your selves like men you have the prayers of the Saints with you and for you and for the enemies their defence is departed from them and the Lord is with you fear them not But seeing the Treatise is short I shall not make too large a forespeech I well remember your expression in the Remonstrance calling upon every man to contribute what help he can and truly there is all the reason in the world for it that every one now should lay himself out to further so honorable and good a work And for my part according to the small portion I have received I shall not be wanting in your vindication but for the things by you proposed and your prosecuting of them to wit that the King may be brought to his tryal the enemies of our peace punished hurtfull Laws nullified the peoples grievances and oppressions removed freedom and liberty of conscience without danger to the State granted a better form of Government setled as I shall undertake the just defence thereof so I shall shortly make it more manifest to the whole nation that there is nothing in all things desired of you nor prosecuted by you but what is according to justice reason nature conscience and what the Lord himself doth allow and call for In the mean time my prayer shall be for the blessing of God to be upon your labor and his powerfull protection over your Persons Sirs I am Your Honors devoted servant E. P. To the Reader Friendly Reader HOwsoever the Proverb be true he shall finde worke enough that hath to do with the multitude
but of yesterday Sundry Histories and Authors might be produced to manifest that Emperours and Kings not only have been restrained for their Tyranny and misgovernment yea for not committing the evil which this king hath done Take for instance his name sake Charles the Ninth King of France four or five several conclusions of Peace were solemnly made and ratified between the King and the Protestants but no sooner made and proclaimed but presently violated of the King and the popish party by massacres and and new treacherous plots to extirpate the Protestant party so that every accommodation proved but a seminary of a new and more bloody war almost to the utter ruin of France In the year 1592. when a publick peace was made and all differences to outward appearences buried in eternal oblivion the King contrary to his faith and Oath caused the Admiral of France the Protestants cheefe piller as he departed from the Counsel to dinner to he shot with a Harquebuze which carried away the forefinger of his right hand and wounded him in the left arm The King to colour his treachery swears with an excreation to the King of Navarre and others who complained of this outrage to take such exemplary justice on the offenders as the Admiral and his friends should have cause to rest satisfied command them to be pursued appoints three of the Parliament to make Information against them protests after this again and again to be exeedingly sorry that this Act touching His Honor that He will be revenged for it so as the memory of it should remain for ever writes to Governors of the provinces chief towns and Magistrates that He would take such order as the Authors of so wicked an Act should be known and punished And to His Ambassadors to forreign Princes That they should make it known to all the world that this Outrage did displease Him And for the Admiral's safety He commands the Captains of His Guard to give him as many of His Guard as he pleased to suffer no Papists to enter his lodging and adviseth all the Gentlemen Protestants then in Paris to lodge about the Admirals lodging But all this Court Holy-water was only to keep every bird within his own nest and a pitfal to entrap the chief of the Protestants for the same day after dinner the King and Queen mother the Duke of Guize and others take counsel to murder the Admiral and all the chief Protestants the night ensuing not only in Paris but thorow out all France whilest they were sleeping in their beds Which most tyranical barbarous Tradgedy was accordingly acted the Admiral slain in his lodging and his head cut off carried to the King and Queen mother who causing it to be embalm'd sent it to the Pope and Cardinal of Lorrain for an assurance of the death of their most capital enemy all the Protestants Noblemen and Gentlemen lodging in the Admirals quarters undergo the like Butchery the streets of Paris are strewed with Carkeises the pavements market-places and river dyed with Protestant blood about ten thousand of them being thus treacherously massacred in their beds at such a season when they thought themselves most safe and that on the Lords own sacred Day a very unsutabe time for such a bloody prophane infernal sacrifice No sooner was this matchlesse treachery of this King against his own natural subjects executed but He avowes and justifies that which he but the day before so solemnly and openly disclaimed as a means to cut off al commotions for time to come of which we shall say more in its proper place 2. He brings forth their main evil surmisings as he cals them as how apt Princes are to break such accommodations and how easie it is for them Page 29. his answer hereunto is that they are pursued with fear and wrath on every side Answ The simple beleeveth every word but the prudent man looketh well to hi◠going Do they in the Remonstrance manifest a jealousie and fear what have they now done is there not a cause for who knows not that it hath been the continual practice of all such Kings when they have quieted the people by an hypocritical and feigned yeilding to their proposals and gotten themselves into the Throne again to pick quarels make breaches and commit greater outrage and insolencies than ever they did before without regard of faith or oath Hear what Mr. Prinne saith to this thing in his Soveraign power of Parliaments Part 2. page 34. It hath been saith he the constant practice of most of our Kings as John Henry the 3. Edward and Richard the 2. with others who after war and differences with their Parliaments Lords and Commons upon ACCOMMODATIONS made between them assoon as ever they got possession of their castles Ships Ammunition seized by their Subjects break all Vowes Oathes Covenants made unto them oppressing them more than ever enlarging their own prerogatives and diminshing the subjects liberties yea taking away many of their lives against law oathes promises pardons on purpose to enthrale them which still occasioned new Commotions And a little after brings in this Observation Well then might the Royal Prophet give us this Divine caution Oh put not your trust in Princes Surely men of high degree are already laid in the ballance they are altogether lighter than vanity both in their oath and promises Again This same Mr. Prinne in the Appendix pag 74. Commends it as a Maxime held by the Nobles of Alphonso King of Castile a cruel and treacherous Prince That a Tyrant being offended will at some time revenge himself and therefore they MUST NOT TRUST HIM UPON ANY RECONCILIATION Thirdly For the rest 't is only his Prophesie touching the restitution of the King to His antient rights How his suffering hath made him a Royalist that never cared for him mark it Reader who taught him that the poor suffering oppressed King and His Partie shall have his compassion and for the Army they are upon foolish wayes hope for nothing but deceit and falshood and treachery fear compasseth them about on every side like Cain safety flyes from them God looked upon them every way with sadness and wrath and much more of this language But I have metwithit so often as I am now quite tyred out I am glad that His Excellency and the Councel of Warre can so patiently bear it t is a great adition to their goodness and largenes of spirit The Eagle being provoked by the night-crow with her clamorous noise and screeching to fight yet will not stir up to battle howsoever the crow be too weak for her And ti is attributed to a Horse as his praise and acting argueth great courage and mettle to him when dogs bark at him and run after him he will not turn against them but runs forward as if he neither saw them nor heard them although he can easily trample them under his feet· For the other particular which is a large praising of himselfe
punishment for so great an Offence And this they have since seconded in sundry other Declarations and Impeachments Fourthly For that most notorious falshood of his because his Excellency and the Councel of war crave that justice may be done to say It is the foule and black design of a few unbeleeving people I let it passe the Lord I know will rebuke him for it For as in this so in all the rest he manifests himself to be one of that number who have said with our tongue we will prevail our lips are our own who is Lord over us But for the persons upon whom you have laid so grievous an aspersion this is their comfort and rejoycing in the Lord that as God knowes their hearts so he knowes the sincerity and singlenesse of them that they look at his glory in seeking after the publick good As the clouds can neither lessen the light of the sun nor let the course thereof because at the last they are scattered by the heat of the sun which shineth out most comfortable So the innocency of their persons and justnesse of their cause shal disperse and drive away all black clouds of calumniations and the mouth of him that speaketh lies shall be stopt Now we come to the great work propounded in the Remonstrance That that Capitall and grand author of our troubles the Person of the King may be brought to Justice for the Treason Blood and Mischief he is there guilty of Here I find Mr. Sedgwick in his answer to say very little to it But 1. That no Law takes hold of the King 2. The crown is his birth-right and inheritance for the rest it is either a justification of the King as to be better then they or bitter reproaches Because this is a high subject and a businesse a foote I shall therefore speak the more largely to it not de facto but de jure for the Treason Blood c. laid to the King I shall leave that charge to others more concerned in it only I shall shew what justly and lawfully may be done in such a case And for the Readers clearer information and better understanding of the point I shall here assert 5. things First That there is a supream and Soveraigne power alwayes residing in the people above Kings Secondly That all Kings in all places and at all times have been and still are subject to and under Law Thirdly That the people have the power not onely to call their Kings to an account but to censure and remove them for their tyranny and misgovernment Fourthly That no nation is so tied to any form of civill government but that it is lawfull for the people to alter it into another form or kind upon occasion Fifthly That amongst all the formes of civil Government Aristocraticall or popular is best and safest for the people For the first That every Magistrate be he Emperor or King is inferior to the whole Kingdome and people it may plainly be demonstrated 1. Because he is not only their servant but creature too being originally created by and for them now as every creator is of greater power and authority then its creature and every cause greater then its effect so the authority and power of the people which creates the Prince and his princely power and enlargeth limits or restrains it as there is cause must needs be greater then the Prince or royal power And though Principallities as generally considered be of God yet the constitution of Princes and their severall degrees of power are meerly from men hence it is that Peter speaking of Kings and their supremacy cals them {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} every creature or ordinance of man 1 Pet. 2.13 because originally instituted limitted and continued by and for the use and service of the people whose creatures as we said ministers and servants they are and ought to be and from them receive their whole jurisdiction power and authority Besides howbeit principallities as generally considered be indeed of God yet the constitution of all Princes and their severall degrees of power are meerly from men and this cannot with any shew of reason be denied For if the regall authority of Princes were meerly from the Law of God and nature it should be the same and like it self in all Kingdomes but t is not the same and like it self in all kingdomes but as every people please and make a free choise of neverthelesse every form and kinde of government is equally lawfull and good in it self whether Monarchy Aristocratie or Democratie as all on all sides doe acknowledge 2ly It is a thing neither probable nor credible that any free people when they voluntarily incorporated themselves into Kingdomes of their own accord set up an elective King over them that there was such stupidity and madnesse in them as absolutely to resigne up their soveraign and popular power authority right to Kings and their heires for ever to give them an entire full and incontroulable supremacie over them and so to make the creature inferior to the creator the derivative greater then the primative the servants more potent then themselves and thus of free men to make themselves slaves and for their more safety to be more enslaved But the contrary appears by the peoples constant practise in all ages as we shall manifest hereafter But admit which with sence cannot be imagined that such a thing had been so yet the Fathers could not take in their posterity with them neither oblige them any way in point of equity and conscience to confirm and observe what they foolishly had done but their children afterwards might lawfully yea and ought to stand fast in the liberty which the law of God nature and nations had made them free and not be entangled in the slavish yoke and bondage of their fore-fathers Hence Amesius in his cases of Conscience lib 5. cap. 22. Qu. 2. resolves that all fatherly power is in procuring the good of children and shewes in the next cha. That liberty in naturall estimation is next to life it self and of many preferr'd before it 3. Common reason Law and experience manifests that the whole or greatest part in all publick or naturall bodies is of greater excellency power and jurisdiction then any one particuler member Thus in all corporations the court of Aldermen and common-councel is of greater power then the Major alone though the chief officer so the whole bench then the Lord chief Justice and the whole Councel then the President And it is Aristotles expresse determination Polit. lib. 1. cap. 2. lib. 3. cap. 8. lib. 4. cap. 8. what forme of government soever it be whatsoever seemes good to the major part of the people that is more excellent and to be preferred before any part or member thereof and that it is unfit the part should be before the whole and he gives for it his reason thus The people know what is profitable necessary
and good for them better then their Kings who are their publick ministers and thus concluding itaque majorum rerum potestas jure populo tribuitur Therefore power of the greater things is by right the peoples 4. This may also appear by the histories and records of all Kingdoms in the world where Tyrants forc't not in by conquest and held not possession afterwards by force In the Romane state both under their Kings and Emperors the chief power in all things of highest concernment was alwayes in the Senate and people and so much Bodin grants That the people hadt he chief Soveraign power of enacting and confirming Lawes the Senates decrees being of no validity unlesse the people ratified them and if any of their Kings Consuls Emperors or Generals did things without their consent as making war concluding peace c. it did not bind but was meerly voyd unlesse the Senate and people together in a great assembly ratified the same by a publick Law But to let passe forreign examples our ancestors in this Kingdome which shewes what power was invested in the whole body of the people have not only constrained our Kings by threats yea force of armes to summon and continue Parliament but likewise compelled them to give their royal assents to Magna Charta Charta de Foresta Confirmatio Chartarum Articuli super Chart as with sundry other publick statutes of right and justice for common good and the subjects safety and to ratify them with their hands seales oathes proclamations against their will and liking which forced assents have been afterward justified and held good in law to bind these kings and their followers to the due observation thereof for where the lawes are convenient necessary or essentiall for the Kingdomes welfare the Subjects just liberty and safety and such as the King by duty and oath is bound to assent to there if they compel the King to give his assent in case of denyal the assent is binding and shall not be voyd by Duresse because the King doth no more then he is obliged by oath law and duty to condiscend unto and the people whose power is above him may justly require 5. And now in answer to Mr. Sedgwick affirming the Crown to be the Kings birth-right a thing which I utterly deny and have clear reasons against it For 1. Howsoever here in England the Crown hath gon often by discent yet never was it granted absolute successive and heretary but arbitrary and elective Hence many of our Kings have come to the crown without any hereditary title by the peoples free election and afterward obeyed as lawful Kings Thus Anno. 975. after Edgars disease not Ethelred the heir to the former King but Edward crowned So Edmund heir to King Ethelred refused and Canutus a stranger elected and crowned So Edmund and Alfred both heirs set a side and Harald and Hardiknute elected and crowned Kings I might also shew how upon the death of King Harald it was enacted by the English Nobility That none of the Danish blood should any more reign after them So after William the first not Robert the elder brother but Rufus the younger brother chosen So after the desease of Richard the first John Earl of Morton was crowned and Arthur the right heir refused The like might be manifested of other nations how their kings did not reign heretarily and by succession from father to sonne but those were chosen Kings amongst them which were held worthy which election was made by the people and revokable by them at any time and whensoever the Crown went now and then by succession it was by usurpation rather than right From humane Histories we might come to the holy Scriptures and shew that the original creation and constitution of the Isralites Kingdoms proceeded only from the authority and power of the people and that solely by Divine permission rather than institution as is apparant by Deut. 11.14 15. And howsoever the Lord did somtimes immediatly nominate the persons of those that should reign over them as Saul David Jehu Jeroboam c. yet the people did constantly confirme and make them Kings and gave them their royal authority none being made Kings by Divine appointment but such as they willingly accepted approved and confirmed to be kings Gods previous designation being but a preparative to their voluntary and free election Moreover It is very cleer that the kings of Judah and Israel were subordinate in power to the people and not only counselled but usually over-rul'd by them in al matters of publick concernment for though they asked a king yet they reserved sufficient authority to themselves to restrain him and to order and dispose of the publick affairs as they thought good But these things we have reserved to a larger treatise 2. Howsoever Bodin contrary to Aristotle Tacitus Lipsius Toloso Machavel Kirchnerus and the greatest Polititions prefers succession before election of Kings and instanceth several nations to be heretary yet this I say quo jure from the beginning it was not so for every heretary Crown is through custom not of right howsoever people have let it passe and admitted them in such a way yet this hath been still in the people a free act and it was in their liberty and power to have chosen any other 3. Whereas some Kings require an oath of their subjects that their heirs and successors shall enjoy the Crown after them and the grounds of taking this oath is upon an opinion that the Crown goes by succession from father to child so that in their understanding they give not any thing away from themselves but only acknowledg what they conceive the person already is Now this oath being given and taken upon a false ground cannot bind in point of conscience because if they knew it was not the others right they would not swear neither meant they in the least to pass away any thing of their own right for they thought it was the others properly before And here by the way observe how vain and groundlesse that common question pro and con is amongst Polititians Statists Civilians and some Divines whether succession or election be the better as if truly and rightly there were some such thing as succession whereas it is neither so nor so I confesse after a Kings desease the people may elect and crown the son and his sons son but that any such thing can be claimed or chalenged as a birth-right it is altogether untrue there is no Kingdom in the world where the crown descends from the father to the son by any true and proper succession the most that can be is not simple succession but a succession limitable and conditional that is a promise on the peoples part for some considerable causes that the son shall be crowned after the fathers death if he be fit to govern and they see it is for their good But that any people should absolutely bind themselves to have the son reign over
have done had not the people power to hinder censure and depose them for their sins It is said of Amaziah King of Judah 2 King 14.19 That they made a conspiracie against him in Jerusalem and he fled to Lachish but they sent after him to Lachish and slew him there not privatly but openly as acted by publick authority for his great impiety as having broken his oath and covenant whereupon we reade not of any complaint inquisition proceeding or punishment inflicted on those that slew him after his death either by the people or his children as there was upon those that slew king Ammnon but being slaine they to wit the persons who had put him to death brought him on horses and he was buried in Jerusalem and all the people of Judah made Ahaziah King in his stead Which plainly shews that what was formerly done by the greater part of the States at Jerusalem was afterwards confirmed by common consent and executed by command of those which might lawfully do it Fourthly For examples all histories are full nothing more frequent than to reade how people having the supream power would judiciously convent censure depose yea and judge their kings to death for their evil and wicked courses Thus amongst the Romans the Senate and people together proceeded against Nero Julianus Vitellius Maximinius Heliogabulus c. I speak not of Traquin the proud expelled the kingdome by the people So other Emperours likewise being found unfit unable to govern the kingdom have been deposed and others elected and crowned in their stead as Cbilderiek Charles the third Justinus the second Wenceslaus all put off and Pepin Arnolph Fiberius and Rupert Count Palatine of Rhine chosen and set in the Empire The Cumaen State usually arraigned and punished their Kings juditially if they saw cause Thus the French by authority of a publick Councel through the prudent care of the officers of the Realm deposed Childerick the first Sigebert Theodorick and Childerick the third So Gyl for his grievous taxes and other miscarriages they chased into Soysons Theoduricus because he vexed and oppressed the people was by the authority of the State deprived of all dignity Touching the Kings of Spain we shall finde in Histories and good Authors that frequently for their tyrranny and misgovernment they were deposed by their subjects as Theo-discle the tenth Vttiza and other Gotish Kings as infamous monsters were chased from their thrones So Don Pedro the first Ordogno Alphonso the great Astronomer kings of Castile for their cruelties murders and treacheries all rejected and deprived of their Realms Ramir of Leon and Garcia King of Gallieia both deposed for their vitious and base doings In Hungaria Peter the second and Solomon the first to omit some others for their great insolencies and injustice were both deposed the first afterwards banished and the other kept in prison till he died So the Bohemians deposed and banished Boleslaus Rufus Berzinogius Sobeislaus Vladislaus and twise imprisoned Wenceslaus for his drunkennesse neglegence and cruelty In Poland the people have deposed imprisoned or expelled out of the kingdom many of their Kings for their oppressions and injustice as amongst others Miesco their second King Boleslaus his son Myoslaus Henrie c. Neither have the Swedish Kings been used otherwise but for their cruelty treachery and tyranny have been thrust out of their thrones and Realm by the people as Halsten Aminander Burgerius Magnus Henry Christierne the first and second and others elected and crowned in their stead So in Denmark Humbus Ericus Christierne father and son censured and deposed by the State for their licenciousnesse and misgovernment Not to mention Canutus Magnus Suano put to death by the people I passe over Canades King of Persia Dionysius the younger King of Sicile Timocrates of Cyrene Andronicus Emperour of Constantinople by the people rejected upon just cause For Scotland If George Bucanan and others of their own Historians write truth as there hath seldom ever bin good King thereof so very few of them begin with this mans father and so go up that ever died an natural death But touching the point in hand how frequently the Parliaments and Nobles there have questioned their Kings imprisoned deposed yea judicially censured them for their tyrannies oppressions whoredoms murders falshood and evil adminstration you may see at large in the aforesaid Bucanan some I have taken out of him as Durstus and his sons so Dardan Luctack Conarus Ramack Fereuhard Euginius Constantine Ethus Donald Lugrac Megal Edward Baliol James the third all these have been sentenced rejected I mention not such though he doth many whom the common people for their intollerable basenes murdered and put to death To which I might adde this mans Grandmother whom they imprisoned and caused to abjure and resign her Interest in the Crown and kingdom to her Infant son and at last was solemnly arraigned and condemned to death by the Parliament of England and beheaded at Fatheringham Castle all which proceedings against her as her Deposition Imprisonment ahd Execution hath hitherto been justified as lawful To come now to our own nation many examples we have upon record in our Chronicles concerning the matter in hand I shall at this time but only touch things in a brief way King Vortigen after six years raign for his negligence and evil government was deposed from his crown by his subjects and his son Vortimer chosen and crowned in his stead Speed Chron. pag. 207.266.267 Sigehert King of the sumptuous using exactions and cruelties upon his subjects was put by his place and Kenwolfe made King in his steed Speed hist. pag. 229. So Ofred King of Northumberland for his ill government was expelled by his subjects and deprived of all Kingly authority Speed pag. 245.246 Ethelred the son of Mollo so far offended his subjects that they tooke up armes against him and slew him at Cobre Beornerd King of Mercia because governed the people not by just Laws but by Tyranny was expelled the kingdom and Offa chosen and crowned Mat. Westm. pa. 275. The like was Edwins case King of Mercia and Northumberland for his misgovernment tyranny and oppression and following vaine base and wicked Councellors was removed from all kingly dignity in whose place Edgar was elected King I might have mentioned Archigallo one of our ancient Brittish Kings in times of Gentilisme for some misorders was deposed by the people when he had reigned almost five yeers and his brother Elidurus chosen in his room So Emerian another old British King deprived of all kingly honor and dignity and Yowally promoted to the crown Fabian par 2. chap. 49. p. 30.31 chap. 46. p. 34. Since the conquest as they call it King John disavowed by his Lords and Commons for wasting burning and spoyling the kingdome like an enemy electing Lewes of France for their King Speed p. 585. Edward the second for his misgovernment put down and Edward his son elected and crowned Walsing. hist.
the States gathered together if the safety of the Common-wealth shall so require so he 4. This is manifest by the diverse alterations of the Monarchy in this kingdom which hath been sometime divided into seven sometimes into five otherwhile into three or two kingdoms and at last all reduced into one So by the great changes and alterations which have been made in forreign Realms as sometimes Monarchy quite abolished and changed into Aristocraticall or popular estate Thus the Switzers and Grisons departed from the Romane Empire and became 18. common-wealths every one holding their estate divided from other in Soveraignty The Venetian Common-wealth was at the beginning a Monarchy afterward changed into a popular Estate and now by little and little changed into Aristocratital yet so tacitly in such a quiet sort that the change can hardly be perceived So the Thessalians and people of Sicile threw of Monarchy and had a Popular State The Samians Corcyraeans Rhodians Cnidians and almost all the common-wealths of Greece after the victory of Lysander were from Monarchy changed into Aristocraties So again some nations have changed Aristocraticall into popular government as the Sabeans Sabirites Trezenians Amphilolits Chalcidians Thurians Chions the Argives the people of Delphos Tarentum many more which I omit And from Popular some have changed into Aristocratie as the Venetians Syracusians Lacedemonians Thebans Heracleans Cumaeans Megarenses the Luques Rhaguses Genes and other Sometimes also the frame of Aristocratical government hath been altered into Monarchy and it is well to be noted what Bodin notes as to be the cause and reason of such a change namely conquest and Tyranny and sets down many examples for it Lib. 4. de rep c. 1. The Jewes indeed desired such a thing but how extreamly they offended God therein the sacred history shews who for asking a King gave them a King in his wrath And thus much for the first particular Now we come to the other viz. That such Lawes and ancient customes as people find to be hurtfull unprofitable or inconvenient they may remove For 1. Many things which were convenient and necessary in former times and therefore established in after ages are found unuseful because there is not the same reason and cause for them as then there was 2. There is no man of such parts and gifts or so qualified as to foresee in all things what will be safest and best for the generations after him and therefore as many things must be left to every age so the people in every age must look to their own safety and preservation as to have such Laws in use as are for the present publick good and what is otherwise to take off the force and stop the execution of them 3. Seeing the will of man and that often without reason is the ground of Law according to his saying Sic volo sic jubeo stat pro ratione voluntas It is therefore the more necessary to consider what the Laws are and how they are grounded for we know mans will is full of darknesse deceit self-end and what pleaseth one is to another hurtfull and unprofitable 4. What skilfull and prudent phisitians will not change their way and course of physick if they see the same proves dangerous and destructive to their patients and follow some other better rules of art Statesmen are the peoples physitians and therefore they ought to lay aside al such old Laws customs as are unprofitable and unusefull and ordain wholesome and good ones in the room thereof 5. We see that men change in condition and one age is not like another our ancestors some generations past were so and so but their posterity now are otherwise in condition and therefore great care should be taken that we have such Laws as are best and fittest for the time and to say the truth herein consisteth much true policy men chuse not a garment by the largenes neither of the fineness of the cloath but by the fitnesse and how well it will serve the person that must wear it I do take notice what a number there are now Taylor-like in London and thereabout making garments for the Nation and to clothe the people with new lawes now howsoever I professe not my selfe to be one of that trade yet I wish wel to the work and humbly desire that they do not so much mind largness fineness as to have things fit and to come well home to the Nation in a good accommodation and a general satisfaction 6. Howsoever it cannot be denied but we have many good laws amongst us neverthelesse such is our burden and misery that they are like good mettel in a pot or vessel so covered over with drosse and scum as the beauty and brightnesse of them shines not forth Now here is State wisdome which discovers a man to be vers'd in Politicks who studieth and labours how to remove the drosse rather than promiscuously and without any destinction or difference to throw al away as the scum so the precious and pure silver also Whoso breaketh a hedge a serpent shall bite him I know it is an ancient maxime of some Polititians That we must not change any thing in the Laws of a Common-wealth which hath long maintained it self in a good estate whatsoever apparent profit may be therby pretended Again Legum mutatio omnium erat peri culosa But I have formerly proved it lawful yea necessary to alter and chang the laws of a kingdom Yet so as I shall desire all such as are specially concerned in this great work to observe these cautions or rules 1. That it be done with mature deliberation good fore-thoughts not hand over head as to thrust in mens sudden and present conceits Men in their sleep imagine they eat drink walk c. and question not but it is all real and true but being awake they perceive it was only a dream It is not enough that a man is confident and perswades himself it is so but it is needful to enquire whether it be sleeping or waking examine well how it is bottomed and grounded My Antigonist I dare say thinks he prophesieth right things whereas poor man he only dreams and when the Lord shall awake him of this sleep he will see and confesse so much 2. Whatsoever law or custom shall be taken away yet it must not be till after due examination and finding upon proof sufficient cause and reason for it Otherwise it may happen as it did to Alexander killing Parmenio in hast afterwards he repented and found the misse of him 3. It must be minded that the publick Interest be especially provided for and not to profit a few to the preiudice of many 4. It is a principal maxime in Sate-policy when any law or custom is to be abrogated To consider how far it is hurtful and in what regard and what sense or liking the people have thereof and so to proceed either speedily or to come thereunto by little and little
without forcing of any thing Phisitians observe that violent medicines in some cases raises up the humors and disperseth them so through the whol body as the party becomes more distempered and made the more uncapeable of health and so the lesse hope of recovery Nevertheles in some other cases quick and strong phisick doth wel and safe Gal. de simp. me facult. c. 15. 5. This also must be looked to What shall be next and come into the place when such and such things shall be taken away a man may pull down both sides of a house who hath not the skill and art to lay one stone orderly and as it should be to build a new and better I do ingeniously professe there are many things yet in Church and Common-wealth which I wish were taken away and to me they do appear faulty but hic labor hoc opus if they were removed what should come in their room that needs some consideration both what and how In The Peoples Agreement I observe they are much for pulling downe and it is soon said there needs not many heads or hands for such work now I could heartily wish that these men or some other would satisfie the Land if every particular by the Parliament should be granted how we might have their rooms and places fil'd again It is an easie thing to tell where the sore is and to shew it but to make a salve to heal it is more difficult 6. I do find in sundry Histories when the laws and customs of a nation hath been changed howsoever the thing was good in it self and some men had therein what they desired yet afterwards great troubles and miseries have ensued because the greater part saw no ground or cause of such changes neither apprehended the benefit and usefulnesse thereof And therefore it is the judgment of the wisest Polititians whensoever a State intends to alter the form of Government or Laws to let the people see beforehand upon what ground and just cause they will do it and what conveniency safety and profit the publick shall have thereby This will not only so take with the people as to make them willing and desirous of the thing but to contribute to the work what they are able that it may be well eâ—ected Now to the last point what form of Government is best This is a great question among Polititians largely debated and diverse men are diversly minded for my own â—udgement herein it is this Monarchie is the worst And my Reasons for it are these 1. Because a great Part of the land is unnecessarily deteined and kept away from the publick use and profit of the people to maintain an unuseful creature What a number of Courts Pallaces Mannours Parks Forrests besides other Rents Revenues Customs c. there goes to maintain this King-ship 't is hardly credible and how it is imployed it 's worth the noting Now what more absurd and inconsiderate than for a people to be at such unreasonable expence and charge to keep one of whom they have no need or use at all but can do much better without him We read how the Prince of Crange gave money to one Bellazar Gerard who named himself Frances Guyon to buy him provision and therewith he bought pistols powder and shot and killed the prince And what else do Kings many times with the great treasury allowed them by their subjects but procure ammunition raise up forces to murder and destroy them The children also of Kings are no small burden and unnecessary charge to a nation considering their excessive riot and expences We speak not of doweries and other portions and what serve they for or what profit have the people by them the truth is there is little or no good expected if they prove not a curse and plague to the kingdom we think it is well and take it as a great mercy Would it not therefore be better what is needlesly wasted on them to be converted to some pious and charitable uses 3. Look upon Monarchie and compare them with other forms of government and this you shall certainly find that whensoever corruptions and abuses break forth in a State they are not so easily suddenly and thorowly suppressed in the former as in the latter and no marvail for 1. As they have their original and rise usually from the Court so the King will labour what he can to uphold and defend the same Hence it comes to passe as many sad examples in this land shew that enormities have so long continued and grown to such a height as the people have been forced to make war against the Prince and with the losse of much blood and other charges to reform the same which otherwise would never have been don But where there is a free State you have no such inconvenience neither indeed are such abuses and corruptions ever seen but if they did appear the matter would not be so difficult to suppresse them there 2. Put case the King hath no hand in these abuses which would be a strange thing yet are they not easily reformed because what he heares and sees it is by other mens ears whereas in the other Government magistrates are abroad to see and hear what is amisse with their own eyes and ears 4. If things be compared together this we shall find in a Monarchy the officers and ministers of State are usually as the King corrupt men abusers oppressors of the people and little or no help is to be had of relief and satisfaction But in the other Government places are not open for such men or should they once appear to be such the people know a way soon to right themselves Besides where the people chuse their own Magistrats they must needs be the best For Princes do not use to put men into office so much for the publick good as how to carry forth their own private interest 5. This misery and mischief ordinarily goes along with Monarchies a slaughtering and murdering of the people by some devilish plot or other pressing them forth to so me unnecessary war to satisfie their lust and pride or imposing intollerable taxes upon them having some treacherous designe in hand But in a free State there 's no fear of such things neither indeed can they happen 7. If one form of Government may be held better then another for Religion and the gospels sake then our position is certainly true that Monarchy is the worst for by experience in all ages under the Kings of the earth the truth hath had least favour and greatest opposition and most have suffered death for the witnesse of Jesus Christ and therefore these powers of the world shall be first broken in pieces and consumed by the stone cut out of the mountain without hands when the God of heaven shall set up a Kingdom which shall never be destroyed Moreover it is remarkable what frequent changes and alterations of Religion there are where Kings do reign