needless but it will also if the King and Lords please render the House of Commons as needless too which may also be the Case of the House of Lords if the King and House of Commons please to have it so For I presume he will have the Co-ordination to be equally lodged in the one as in the other that our Author had any respect to this I cannot affirm but I well remember when the Legislative Authority was pretended unto by the Two Houses that their Advocates pleaded this Maxim for the Justification of what they called Ordinances of Parliament which were of such Authority and Power in the Hands of their subordinate Instruments that they used them to deprive of Life Liberty and Estate and nothing was more frequently urged than Co-ordinata se invicem supplent Co-ordinates ought mutually to supply each others defects So that what the King from Perversness or Ignorance would not do or imposency or restraint could not do with them they presumed they were sufficiently authorized to do without him because the public Interest and Safety must not miscarry or be hazarded for want of supplemental Laws Sect. 104. I know our Author supposeth the King in his Political Capacity to be in another considetation thereof inferior to the Two Houses of Parliament though he will not perhaps say he is so in his Legislative viz. as the Executive part of Government is lodged singly in him because this as he teacheth is a Matter of Trust derived from the Legislative part for which he is accountable and in that capacity the King is a Subject to the Two Houses of Parliament Right Excellent indeed this is not in terms asserted but 't is plainly the intent and drift of it Well! let it be supposed That the Executive Power of the Kingdom is a Trust from the Legislative Power will it not then follow that the King derives a Trust to himself certainly if this Author himself may be believed he hath a share in the Legislative Power and therefore if a Trust be transferred and devolved from thence to him it must be with his concurrence as acting in that capacity Now if he should chance to be unfaithful to himself and violate this Trust to whom in a judiciary way must he be accountable of whom must that Court be constituted that must question the Matter there may be no Houses of Parliament in being and if there be if he disgust their proceedings may he not Adjourn Prorogue or Dissolve them if he think fit and what will become of the Matter then 't is but equal that if all interested in the Legislative Power be concern'd the King himself should be admitted of the Quorum when this matter of Trust comes to be questioned and debated I conceive the Vanity of this pretence That the Executive part of Government is an accountable Trust committed by our Laws to the King will evidently appear to any impartial Man that will but try how to answer these few plain Questions 1. If this Trust be abused is it any part of the Executive Power of the Government to Summon Try Judge and Punish the Abuser thereof 2. In whose Name shall the Process for Summons be issued forth in order to his Tryal 3. What provision hath the Law made for the Arresting of the King's Person to secure his forth coming to Tryal in case he refuse to obey a preceptive Summons 4. Is it not High Treason to imprison the King or by force to take him into a Man's Power yea or but to manifest such a Design by some overt act 5. If he have a fair Tryal according to Law he must be tried by his Peers I pray who are they 6. Who shall be his Judge and pass Sentence 7. What is the Punishment the Law hath ordained for the abuse of this Trust 8. Who shall execute the Sentence pronounced against him 'T is manifest the whole Administration of the Executive Power being confessedly lodged in the King nothing of this can legally be done and therefore 't is impossible that the King 's Executive Power should be a Trust committed to him by his Houses of Parliament for which he ought to be accountable to them or any other earthly Power I hope you would not have our High and Mighty Sovereign Lord the good People of England erect an High Court of Justice which shall be instead of Delators Witnesses Jurors Peers Judges and Executioners I am taught by some that understood the Constitution and Laws of the Kingdom of England very well that the King is not accountable for his Office or Actions to any Court Person or Persons whatsoever and every Man that will but attentively read the Spencer's Case and the Tryals of the Regicides may learn the same Lesson And thus saith the most learned Bracton Sunt sub Rege liberi homines servi omnis sub eo est ipse sub nullo nisi tantum sub Deo Si à Rege petatur cum Breve non currat contra Regem locus erit supplicationi quod factum suum corrigat emendet si non fecerit satis erit ei ad paenam quod Dominum expectet ultorem de chartis Regiis factis Regum nec privatae personae nec Justiciarii debent disputare There are Free-men and Servants under the King and every one is under him and he is under no one but under God only If any thing be to be demanded of the King since a Writ cannot go forth against the King there will be place for petitioning that he would correct and amend his doing if he do not it will be Punishment enough for him that he expect the Lord to be the Avenger of the Royal Grants and Actions of the King neither private Persons or Judges ought to dispute much less to censure and chastise And my Lord Coke in his Compleat Copy Holder hath taught me That the King representeth God's Person on Earth And I presume no Man is so daringly bold as to affirm That God is accountable and censurable for any of his doings Sect. 105. 5. It appears from the very Form and Tenor of the most Excellent Charters of the English Subjects Liberties that the Regal Authority and Power is not a fiduciary Trust from his Subjects and People under any consideration whatsoever Magna Charta it self runs thus Spontanea bona voluntate nostra dedimus concessimus By our free and good will we have given and granted c. not contracted bargain'd and upon good and valuable considerations covenanted and promised but from grace and condescention given and granted See 9 Hen. 3. so when the same Charter was confirmed in King Edward's time it was thus worded Know ye that we of our meer free will have granted to all Free-men these Liberties So in the Statute Quo Warranto 18. Edw. 1. Dominus Rex ad Parliamentum suum de gratia sua speciali propter affectionem quam habet erga Praelatos caeteros
de Regno suo concessit c. The Lord the King of his Parliament from his special grace and for the Affection he hath toward the Prelates and all others of his Kingdom hath granted I appeal to all unprejudiced Men to consider if this be the Language of an accountable Trustee Sect. 106. Coke the Regicide having told his Blood-thirsty Masters That Charles Stuart for so he called his Liâ—ge Lord that King of Blessed Memory stands now that is in their High Court of Justice to give an account of his Stewardship he thus begins to diffect his charge That the Kings of England are trusted with a limited Power to govern by Law and affirms it to be one of the Fundamentals of the Law that the King is not above the Law but the Law above the King And for the Proof of it offer'd the Coronation Oath wherein the King swears to keep and observe the Laws which the People shall chuse And then endeavouring to impute to his Sacred Majesty a Violation of his Fidelity to God and his People concludes him justly condemned by the Fundamental Law of the Nation c. and no wonder of such an Inference for as he tells us Governours are but the Peoples Creatures the Work of their hands to be accomptable as their Stewards and therefore when they prevaricate and abuse their Trust to question by what Law they call them to account is High Treason with a Witness And this is the true Tendency of that Doctrine That all Power is originally from the People and the King 's executive Power a Trust from the Two Houses of Parliament because this makes them as Coke phraseth it his Liege Lords and warrants them to exercise an absolute Power over him 'T is so naturally implied saith he that if a King become a Tyrant that he shall dye for it that this is the first necessary Fundamental Law of every Kingdom which by intrinsical Rules of Government must preserve it self This is just like the Liberty of the People which proves it self whereas the Power of the King must be proved before the Subjects ought to obey it because he hath no more than he hath received from his Sovereign Lords the People which is only founded on positive Law and if he pretend to more than they have given him he usurps upon their Liberty which they have a Right to defend and preserve by force of Arms which being a new Edition of John Coke's Doctrine the Author must needs deserve exceedingly well of the Government and cannot be worthily dealt withal unless highly promoted how agreeable this is to our Legal Constitution I refer to every indifferent Judgment who will compare it with what hath been observed concerned it and shall conclude in the Words of this Author It is indeed clear from the New Testamdnt That the Christian Religion as such gives us no grounds to defend or propagate it by force It is a Doctrine of the Cross and of Faith and Patience under it and if by the Order of Divine Providence and of any Constitution of Government under which we are born we are brought under sufferings for our professing of it we may indeed retire and fly out of any such Country if we can but if that is 〈…〉 must then according to this Religion submit to those sufferings under which we may be brought considering that God will be glorified by us in so doing and that he will both support us under our Sufferings and gloriously reward us for them By Submitting to Sufferings by what follows I hope he means a Submission without Resistance though we are strong enough to make it and then the Safety of the English Government is secured though Religion be our Property and shall chance to be persecuted because by the Constitution of our Government we may not upon any pretence whatsoever take Arms against the King Sest 107. 6. Another Objection is this a King may actually and professedly endeavour to subvert the established Government and overthrow the whole Constitution and set himself to destroy if not all nor the greatest part yet at least very considerable numbers of his People and so plainly counteract the very end of his Authority and Power and will it not be lawful for his Subjects in such a Case to resist him Ans The Sky may fall and then Larks will be good cheap Princes may become Phreneticks and be uncapable of Government and them as in the Case of a Minor that is an Hereditary Prince a Prorex is to be had during the Suspension of the Exercise of his Authority and Power Or they may be so dissatisfied with the Burthensomness of the Government that they may be weary of it Abdicate and Renounce it or they may be so intoxicated and transported with wild and outragious Passions Discontents and Prejudices against their Subjects that they may disclaim the Government of them and indeed do so when instead of administring the Government in order to their Peace and Safety they turn it to their distraction and ruine will not be the Ministers of God for good but hurt to them will not support but destroy the Foundations of their Kingdoms but then with their Subjects and Kingdoms they destroy themselves too and cease to be Princes because they that disclaim the Protection of their Subjects and wilfully resolve to destroy their Dominions can have no right to govern them They can be no Rulers who will leave nothing under them to be ruled by them and then the Resistance of them will not be a Resistance of the Higher Powers but this is a meer Platonical Idea a Case put that perhaps never was nor never is like to have a real Existence in the Nature of things Let these things be considered Sect. 108. 1. Plutarch observes Inest omni populo aliquod malignum contra Imperantes There is in all sorts of People some malignity against their Governours Such is the Pride of Man's heart that he is averse to Subjection our unwillingness to be restrained from following our own Minds and Wills and to be guided and commanded by the Mind and Will of another prejudiceth us against the Ruler of us and this as Mr. Hooker tells us makes Men very attentive and favourable Hearers to suck in any Poyson that is breathed forth against the King or the Governours which are sent forth and anon it mulriplies and every valley and obscure corner is ready to eccho it back again We must therefore be very wary now we give ear to any evil Suggestions concerning the Designs or male-Administrations of the Higher Powers Defamation begets an evil Opinion of the Prince and concludes in disaffection to him and that naturally tends unto and ends in Contempts Abhorrences and Oppositions 2. It hath ever been the Practice of seditious and rebellious minded Men to bestir themselves to ingenerate in the Minds of Subjects Jealousies and Fears concerning the Councels Designs and Administrations of their Princes and to magnify
search all the days of their lives and not be able to discover when or where such a Charter ever was in Being but suppose there were such a Charter who shall be the Interpreter of it and judge how far the Power of the Prince extends it self and during the Dispute how shall the Government be administred doth not this in effect authorize the Subjects to do at pleasure what is right in their own eyes for if they demur against the Prince's Power he is to act at his peril But on the other side the Subject stands on a firm Bottom for his Liberty proves it self this is a Self-evident Principle and when the Subjects pretend it the Sovereign Powers durst not contradict and contest it for in this case every Subject if it be not a Contradiction so to speak is a Sovereign because so far as his liberty is not expresly given away it always remains entire The Sovereigns Power is originally from the Subject but the Subjects Liberty originally from himself the Princes Power is derived from the Subjects Will but the Subjects Liberty from his Nature And wo to that Prince who shall violate and usurp on the Laws and Liberties of Nature Sect. 73. But if every Man by Nature equally partake of Sovereignty then no body can be obliged to Subjection for where all are equal there can be no Subordination neither Superiors non Inferiors and is not he a strange Supreme who hath no body under him Moreover if it be so then every Man is born in a State of Anarchy and the God of Order hath sate no bounds to Mankind the relative Duties of Superiors and Inferiors might never have had any foundation in Nature and were only presumptively from Arbitrary Contracts and Agreements limited and determined by the Fifth Commandment and not only every Nation but every City Town Parish Family may chuse what Government seems best to them yea every particular Person may live independently if he will altogether free from the Circumscriptions of all sorts of governed Societies and if any attempt be made to restrain him without his consent he is oppressed in his natural Liberty And is not this Doctrine of a sovereign Tendency to maintain mutual Amity and Peace amongst Men Sect. 74. 5. That Subjects in political Monarchies and under other Sovereign Powers have Rights Immunities and Priviledges as unalienable Properties without their concurrent consent is very manifest but these do not proceed from any Reservations made in a presumed fundamental Constitution composed and ratified by a mutual Compact and Confederacy betwixt the Sovereign and Subjects but from the Sovereign's Condescentious Acts of Grace which having the Establishment and Security of his Laws he cannot invade and violate without Injustice to his Subjects dishonour to himself provocation to God loss of Reputation with his Allies and Confederates abroad and exposing himself as a Person of no Faith 'T is well observed by Fortescue that the Kingdom of England is not meerly Regal or meerly Politick but partly Regal and partly Politick Regnum Angliae ex Bruii comitivâ Trojanorum in Dominium politicum regale prorupit The Kingdom of England out of Brutus his retinue of Trajans brake out into a politick and regal Dominion And elsewhere tells us Rex Angliae principatu nedum regali sed politico suo populo dominatur the King of England governeth his People not only by a Regal but a politick Principality Ch. 9. So that though the King of England in some cases exercise an absolute and arbitrary Power like a despotick Prince as in making War and Peace Summoning Adjourning Proroguing and Dissolving of Parliaments Coinage of Money c. Yet in other cases he exerciseth a bounded and limited Power as in the imposition and repealing of Laws Taxes and Levies of Mony c. and therefore ought in Conscience to regard his Duty as a Politick King as well as his Power as a Despotick King and such hath been the Moderation of the English Government hitherto that it is acknowledged to be the most easy and safe of any in the World These particulars being duly considered I am confident the forementioned Objection is sufficiently answered and no warrant can thence be taken for Subjects to resist with armed Force the Sovereign Powers Sect. 75. 2. Another Objection near of kin to the former though in different words to plead the Cause of Rebellion is this that all Real Majesty being only in the Community all Personal Majesty is transfused or delegated from thence and consequently the Personal Majesty is nothing but a Trust accountable and forfeitable to the Community and therefore if the Administrators of Sovereign Power abuse their Trust they may not only be resisted but deposed Upon this Ground it was that the Rebellious Lords and Commons when King Charles the First sate up his Standard in the Defence of himself and the Government adjudged it a Breach of his Trust and Treason against the State and Kingdom And answerably one of their Advocates tell us That their Generals Commission to seize the King's Person was a strong Capias utlegatum a Judgment passed against him as out of the Protection of the Kingdom and Aid of the Law And in truth granting what they suppose to be true That the King was not the Officer of God but of the Community received his Authority not from God but them and made War against the Kingdom whose Trustee he was and the inference seems to be rational That Power which is derived from the Civil Constitution being in an Hostile manner employed against it or administred to dissolve and destroy it is forfeited and lost and those who were subjected to it absolved from their Allegiance Ans Having represented this Objection in its full Strength to the best Advantage of the Patrons of it I shall endeavour to assoil it and I doubt not but I shall confute it to the satisfaction of every unprejudiced Person Sect. 76. By a Community these Men understand not a Society of Men actually conâ—enting and formed into a public Government but only a Society of Families and Vicinities voluntarily rationally and justly assembling and associating themselves from mutual benevolence in order to the common Good and Safety thereby putting themselves into an immediate capacity of receiving a public Government under some Form or other such as they themselves shall judge most expedient for them Be it now considered that Sect. 77. 1. This pretended Real Majesty in the Community of a Multitude so associated as hath been said must either be the Product of the Law of Nature or of some positive Law of God or of some human Compact or of some other Cause I will reflect briefly on each of these and if neither of them be assignable as the Ground Reason or Cause thereof I shall be so bold asconclude that 't is a Platonical Idea which hath no existence 1. There is no dictate of Nature which ascribes a greater Authority to a