their Party against it and therefore as they can blame no body but themselves so certainly all the loyal and good Subjects have a great deal of reason to complain of them who are the principal occasions of those Impositions which lye so heavy upon them AS for their conclusion that these and multitudes of other grievanceâ— should be taken away by turning the Monarchy into a Free State These were but fair words and fine promises to deceive the ignorant and credulous multitude for a miserable experience taught us the contrary And for one King who according to the most mild and easie Laws governed with the greatest wisdom and clemency they set up and established an Oligarchical Democratick Tyranny like that of the Thirty Athenian Tyrants And every one of these Parliament Demarchs was as absolute by himself as the Law of his own Will could make him Nor could any person question either their Actions or Authority without paying his Life and Fortune or one of them for so great a presumption And I remember when the late King at his Trial before their pretended High Court of Justice questioned their Authority they gave him no other answer but that they were abundantly satisfied with their own Authority and from his dreadful example it was easie to conclude that whoever would not be satisfied with their Power was certain to follow him in suffering under it and 't is easily remembred how arbitrarily all things were managed and the whole Kingdom brought into a slavery far greater than theirs who wear Canvass-cloaths and Wooden-shooes and look like Ghosts for they did not only amongst the multitudes of grievances which were redrest make men look like such but really made such of all those whom they either feared suspected or hated AND for their observation of the situation of the Nation for Trade and Manufactures it was so pretty a new Nothing to pin upon the peoples sleeves that it could not but please extremely As if all our Monarchs had liv'd in such profound Oscitancy and Ignorance that they never knew what Ports Havens or Creeks they had within their Dominions or as if the Sea-men knew not without this new Chart of discovery that Portsmouth lay more conveniently for a Trade with France than Robin Hoods-Bay or John-a-Groats-house in the remotest Orcades Or as if the common people whose great interest and constant employment it is from their very leading-strings were by these sons of Bacchus to be taught the art of Agriculture and under Monarchy could not tell the nature of their Lands or what Countries were fit for such or such Manufactures or any other thing relating to Trade or Husbandry but these great Ingeniosos of the Republick must have the honour of these happy Inventions which the people understood before far better than they could instruct them as is but too evident to all those Gentlemen who of late years having their Lands by the universal fall of Rents thrown upon their hands could never make those improvements and advantages of them which the Rusticks did by their better understanding of the Lands and the methods of Husbandry in which they had their education which the Gentlemen who are owners of the Land wanted And for their taking care for the Poor in one sence it was true enough they took all the care they could to keep the Nation as poor as it was possible that if ever they should have any such intentions or inclinations they might never have the power or the purse to effect their Design in bringing back their banish'd Sovereign to his undoubted Right the Royal Throne of his Illustrious Ancestors for which purpose they kept a continual standing Army at Land and a Navy at Sea to the incredible charge oppression and impoverishment of the Subjects of these Realms both their Friends and Enemies though they had the policy to lay the heaviest load upon the backs of their Enemies if possible to break them and they kept the Loyal Gentry and Nobility so poor that many of them have not been able or ever will to forget the kindness of that Government which was the utter ruine of them and their families SHOULD the same method be made use of with them sure then they would make a horrible out-cry but some people may better steal a Horse than others look over the Hedge and what was Wisdom Prudence and Justice in a Republick would be Tyranny Oppression and Cruelty in a Monarch AS for the last clause that Monarchy never had the leisure effectually to advance or encourage the Trade of the Nation How comes our statute-Statute-Law to be so full of such Acts as are for the Improvement and Regulation of all Trades and Manufactures How come all those Charters and Grants to Corporations Fairs Markets and to the several Companies of the City of London However we will agree to them that some of our late Monarchs have not had the leisure effectually to look after these affairs but who was it that gave the obstruction and how come they not to have so much leisure Even these kind publick-spirited Commonwealths-men who from the very moment that our Nation began to look abroad into the World and by Navigation to advance the Interest of our Country even these great Merchants of Faction Sedition and Rebellion began to set up for themselves and to spoil our Markets by giving such disturbances to Queen Elizabeth in the last years of her Reign to King James during all his and to the Royal Martyr whom at last they bought and sold that Monarchy had something of nearer concern to mind than Foreign Trade viz. Domestick Peace and found work enough to quench those flames which they saw ready to blaze out or already broken out in the State which were kindled and blown up by the fiery Zeal of these hot-headed Republicans And our Kings by that Charity which begins at home were obliged first to take care of their own Preservation which yet so violent was the rage of that unruly combustion that they were not able to effect but all was laid in heaps and ashes thank the good honest men of the Commonwealth for their industry and successful pains they took about it God reward them for it BUT God have the praise who had compassion upon our Ruines and pitied to see us lye in the Dust we have seen a glorious Resurrection of Monarchy we have seen all these frivolous calumnies confuted We have seen Monopolies taken away and yet the Court remain Purveyance restrained and both the Waggoner and Barge-man paid for serving the King to their own content we have seen unnecessary Protections taken away and Courtiers obliged to pay their just Debts which the Democratick Government for all their publick Faith never did We have seen all incouragement given to Manufactures Navigation and Merchandize the Pooâ— taken care of and all this done mosâ— effectually And much more we mighâ— see England the most Potent flourishing and quiet Kingdom in thâ— World
Superior nor owes either Tribute or Homage to any other besides the Almighty Sovereign the Supreme Majesty of Heaven and Earth from whom as the King receives it so to him only is he accountable for the managery and administration of it The King is the sole Fountain of all Honour The greatness of his Power according to Laws and the Foundation of all Law nay the very Soul and Life of it for by his Royal word he gives it a Being and by his * Le Roy le veult Affirmative breath that which before was a dead and inanimate Bill becomes a living and an Active Law And in like manner by his powerful negative or ‖ Le Roy s' avisera suspending his consent any intended Sanction becomes abortive and never sees the Sun And as it is both his and his Peoples happiness that his Will is not his Law but that his Law is his Will so it is but highly reasonable that he should have the liberty and freedom of the choice of those Laws by which he obliges himself to Rule and Govern In him is the sole Power of the Sword the Power of making Peace and War and in order thereunto of raising Forces granting Commissions both for Land and Sea In him is the sole Power of Calling Adjourning Proroguing and dissolving Parliaments when and where he judges it most expedient In his power it is to remit the severities of the Penal Laws whereby he may manifest his goodness and clemency as well as his greatness and justice by graciously pardoning both the smaller breaches of his Laws and the more capital offences which he might most justly punish From him all metals receive their Impress and according to the Standard he puts upon them they become valuable and currant Coin From him all places of high Trust derive their Authority by his Commission they Act and put his Commands and the Laws in execution And in short without him or against his Will and Consent nothing can be legally acted or done The Person of the King most Sacred AND as his Power is thus Great so his Person is most Sacred and is therefore most strictly guarded by the Laws which like Solomon's Lions stand on each side of the steps and ascents of his Imperial Throne 13 Car. 2. and with no less Terror than Majesty declare That it is High Treason within or without the Realm to Compass Imagine Invent Devise or Intend Death or Destruction or any bodily harm tending to death or destruction maim or wounding imprisonment or restraint of the Person of the King or to deprive or depose him from the Stile Honour or Kingly Name of the Imperial Crown of this Realm or any other of his Dominions or Countries or to levy War against him within or without the Realm or any other of the Kings Dominions or Countries being under his Obeysance THESE amongst many others are the principal Jewels which adorn the glorious Diadem of the English Sovereigns whose Government being so remote from Arbitrary that it is altogether by the exact Rule of Law Justice and Equity as it must needs be easie for the people so it contributes extremely to the Happiness and prosperous tranquillity of the Princes Reign And were it possible to add one Prerogative more to the Crown That the King might rule in the Hearts and kind affections of his People as well as over their Persons certainly there could no greater happiness befall both the King and his Subjects in this World And as such a blessed Union and Agreement would be their great and Common Interest where the one ruling with Love the other should obey their Ruler from a principle of affection so it is to be hoped that time and a right understanding of the most obliging Temper of their Prince or some other wise expedients will at last allay that dangerous Democratick fury the only present visible obstacle to this desired Happiness which whereever it prevails or enters possesses men with the principles of Usurpation upon many other but more especially upon this fundamental prerogative of the Sovereign by devesting him of the loyal and sincere affections of his People HAVING thus taken such a short view of it as the dazling Lustre of Majesty will permit let us pass from the Sovereign to the Subjects and there likewise we shall most convincingly see the effects of the most prudent easie safe and happy constitution of the English Government under which there is no person who lives in obedience to it who escapes the particular care and cognizance of the Laws The Priviledges of the People first in the sending their Representatives to the Parliament THE first great and fundamental Priviledge of the Subjects consists in the free Choice which the Commons of England have of Delegates or Representatives to be sent to the most Honourable Assembly of the Parliament there to make known the just grievances of the People and to offer such good wholsome and necessary Bills in order to their being promoted into Laws by the Royal Will as may be most for the advantage and happiness of those whom they represent By reason whereof all those Laws by which the people are governed for the present or are to be Governed for the future are such as they themselves have a share in the propounding and preparing there being nothing that can by the Royal assent pass into an obliging Statute or Act of Parliament either against or without their knowledge and consent as is evident from the Proem to most of those Acts which compose our Statute-Law which are in these or the like words Be it Enacted by the Kings most Excellent Majesty by the Advice and with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same So that they must be the most unreasonable amongst mankind who are not contented to be obedient to those Laws which are by their King Enacted and Established not only according to their own preparation and with their free and full assent but at their earnest request and humble Importunity NOR are they only highly irrational but most barbarously treacherous and perfidious who make no account of such mutual stipulations and lawful contracts with which they have obliged themselves as the whole Nation does when by the Parliament they Petition the King to make such or such Laws and upon that condition that he will please to give them the force and power of Laws they will live in obedience to him according to the direction of those Laws For Obedience is the end of all Laws and solemn Faith of Contracts is the essential Foundation upon which all Government and Happiness in this World does depend and there can no Bill pass into an Act of Parliament but it obliges Universally all Subjects to obedience by vertue not only of Royal Authority but of every individual persons promise For whoever gives his Voice
of Contention Caesar aut nullus is the word and therefore in order to the necessary security of Rebels or such who intend to be so who can never apprehend themselves safe so long as their Prince retains a power to punish them therefore they hold That if Kings be found guilty of Miscarriages they may by the people be deposed from the Government and deprived of their Crowns This is the Doctrine of John Knox which he brought from the Divinity Schools of Geneva Knox Hist of Refor or Scotl. p. 392 393. That Subjects may not only lawfully oppose themselves against their Kings whensoever they do any thing that expresly oppugns Gods Commandment but also that they may execute judgment upon them according to Gods Law so that if the King be a Murtherer Adulterer or Idolater he shall suffer according to Gods Law not as a King but as an offender Excellent Scottish Presbyterian Divinity borrowed from the Cobler of Collen of whom I have somewhere read who taught his fellow Mutineers so neatly to distinguish betwixt the Prince Elector and the Archbishop Great pity it was that this Perillus of Presbytery did not try the first experiment of his nice distinction in his own fiery brazen Bull which he invented for Monarchy and in reality all Government which is not agreeable to their humour and design Nec Lex est justior ulla Quam Necis Artifices arte perire suâ Rebellious Artists ought to try Their own Art first and by it die And if John Knox had been hang'd drawn and quarter'd for Treason not as Godly and zealous John Knox but as a most desperate Incendiary and impudent Traytor possibly the succeeding Rebels would have thought the difference betwixt the King and the Person so little as not to have granted Commissions to destroy the one whilst they pretended to honour and obey the other and it may be they would have considered that it might one day come to be their own Case to suffer as Traytors and notorious Malefactors though not as Men which measure since they could never have approved for themselves possibly they might have judged unfit for their Royal Master The former Principles bring the King to be a fellow Subject a Royal Slave in golden Shackles and submits him to the supreme popular Authority this leads him to the High Court of Justice and from thence conducts him to the Scaffold and the fatal Block NOR will worthy Mr. Calvin which title I will give him though it be plain Peter and Paul in his and his Disciples mouths who it seems reserve the Saintship only to themselves he I say will not want an Oar in the Boat of a Rebellion or a hand in establishing a Principle of High Treason against Sovereign Princes Let us hear him Comment upon the Text. Cal. in Dan. 6.22.25 Earthly Princes saith he * Abdicant se devest themselves of all right to power when they rebel against God and are unworthy to be accounted in the number of Men that is in plain English they do not deserve to live and men ought rather to spit in their faces than to obey them when they become so * Vhi sit protoralant saucily proud or froward as to indeavour to despoil God of his Right And. I wonder what he did deserve who was so saucy as to indeavour to spoil Princes of theirs and God too who is their only Judge and Superior and not Mr. Calvin or his People Let us once more reduce this Calvinistical Logick into Syllogisms and you shall plainly see the Presbyterian Conclusion THAT King who is an Idolater or a Persecutor is a Rebel against God and has disrob'd himself of all Right to Reign or Live according to Gods Law he is to be punished not as a King but as a Man in which number too he scarcely deserves to be accounted BUT the King of is an Idolater and Persecutor of Gods people the Saints of Presbytery Ergo. THE major or first proposition you see is their positive Doctrine and own words the minor is thus proved by them KNEELING at the Sacrament and bowing at the name of Jesus is Idolatry and punishing the Godly is Persecution BUT the King of kneels and punishes Ergo. AND though both the branches of the first proposition concerning Idolatry and persecution be false yet being decreed in the infallible Consistory all the arguments and demonstrations in the World are in vain to perswade them to the contrary And therefore from this abominable Divinity and new State Logick of Presbytery they draw the dismal Conclusions That Kings may be Excommunicated by the Presbyters for those Imaginary Crimes and may by the people be deposed as whoever will consult Knox Buch. de Jure Reg. p. 58.62.70 Knox Hist Ref. p. 372. Goodman in his Book of obedience or rather Treason passim praecipue p. 180 184 185. Buchanan Goodman c. may sufficiently be convinced and that they esteem their deposition not only lawful but their publick Murders or private Assasination and though a * Dr. Bilson Warden of Winchester p. 509. learned man of the Church of England indeavours to excuse this Doctrine and mitigate these harsh words of Mr. Calvin it was before he saw the Conclusion nor did he apprehend it would ever be drawn into practice and his Plea for Calvin is rather to be attributed to his great aversion to the Papacy which mistake still prevails with too many who by bending themselves too far from the one extream of Popery which they hate break into Presbytery as the most opposite Interest whose malicious Calumniations make all people Papists who are not Schismaticks though all the advantage such deceived Zealots purchase by running away from the Church of England under that abusive notion of Popish and Antichristian which her Enemies brand her withal is that Incidit in Scyllam dum vult vitare Charybdim Whilst swift Charybdis they avoid They into fatal Scylla slide And had the worthy Gentleman and many others who are imposed upon by the same stratagem either seen or foreseen the tragical consequences of this Doctrine I perswade my self he had too much Loyalty to become its Advocate and the other have too much honesty and love for Monarchy to advance the interest of Presbytery which is as mortal an Enemy to it as the Papacy King Charles the First who was thus like our Saviour rudely affronted by the barbarous Red-Coats WHEN the Son of God came to be spit upon he was very near his Crucifixion and a dreadful example has taught us that when a glorious Monarch felt the fatal effects of this rude and barbarous Divinity and in Westminster-Hall received the same insolent treatment from the impious Souldiers he was at no great distance from his Martyrdom 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Medit. upon death after the Vote of Non-addresses for if as he makes it his observation if there be but few steps betwixt the Prisons of Princes and
F H Van Hove Sculpsit CAROLUS Secundus Dei Gratia Angliae Scotiae Franciae et Hiberniae Rex Fidei Defensor etc. HONI SOIT QVI MAL Y PENSE THE COMMON INTEREST OF KING and PEOPLE Shewing the Original Antiquity and Excellency OF MONARCHY Compared with Aristocracy and Democracy And particularly of Our English MONARCHY AND THAT Absolute Papal and Presbyterian Popular Supremacy Are utterly inconsistent with Prerogative Property and Liberty By JOHN NALSON LL. D. LONDON Printed for Jonathan Edwin at the Sign of the Three Roses in Ludgate-street 1677. TO THE READER IN this following Discourse I have endeavoured to pursue the Point I had before made an attempt upon in the Countermine without any other Passion or Design than a Loyal Zeal to my Prince and Country and a Conscientious Discharge of my Duty which because every person is in his station obliged to do will I hope render an Apology as unnecessary as it is disagreeable to Your most faithful Servant JOHN NALSON The CONTENTS CHAP. I. THE two great Principles of Nature Self-preservation and the Ardent desire of Happiness the Foundation of Society and Government Mr. Hobs refuted in his Impolitick Position That Fear was the first Origination of Society The Origine of Monarchy The occasion of the Primitive Wars The Original of Laws Monarchs or the first Leaders of Colonies the Primitive Legislators The reason of the Coercive power of Magistrates The Dangerous Error of those who make Law the Foundation of Monarchy when in truth all Laws were the Concessions of Kings and Legislators The Ill consequences of this mistake The Laws of Nature and Nations are of Divine Institution CHAP. II. Of the danger of Anarchy The necessity of Laws and Government to prevent it All People not fit for one kind of Government Of the three kinds of Government Democracy Aristocracy and Monarchy Some considerations and necessary Animadversions upon our late English Government by a Republick CHAP. III. The Government of a Republick examined whether in its own Nature so good for the Ends of Society as it is pretended The end of all Government the Happiness of the Society it consists in Protection Property and distributive Justice Democracy cannot in probability attain those Ends. It obliges the Supreme Magistrates to maintain a private separate Interest distinct from that of the Publick and the inconveniences that necessarily attend that imperfection Domestick Peace not secured by Democracy No security of Property or equal Distribution of Justice in a Republick in regard of the constant Factions which are inseparable from that form of Government CHAP. IV. Of Monarchy and its excellency proved from its Antiquity The first Essay to a Democracy the Rebellion of Corah and his Accomplices Secondly from the Universality of Monarchy The first popular State at Athens A. M. 3275. Thirdly Monarchy most agreeable to humane Nature by answering the three forementioned great Ends of Society and the Happiness of Mankind CHAP. V. Of the Excellency of the English Monarchy It is not apt to degenerate into Tyranny the King having by his gracious Concessions given Limits to his absolute Sovereignty Of the Interest which the three Estates have in preparing Bills for the Royal Assent to be by that past into Laws and the great obligation which thereby the People have to Subjection and Obedience CHAP. VI. Of the Priviledges of the English Government And first of the prerogative of the King The Imperial Crown of this Realm Hereditary Absolute and Independent The greatness of his power according to Laws The Kings person Sacred The priviledges of the People First in sending their Representatives to the Parliament Secondly in their Property secured Thirdly in the excellent and constant method of Justice In particular Priviledges and Franchises In all imaginable care to prevent the growth of the Poor and in providing for such as are so In committing the Execution of the Laws to such hands as will act with Justice And of the care that is taken to prevent all abuses of Laws CHAP. VII The great misfortune of Religion which is made the great pretence to ruine Monarchy A stratagem of the Devil to extirpate all true Religion The two opposites and enemies of Monarchy Papacy and Presbytery The opinion of the Catholick Doctors about Papal Supremacy and the new Roman Creed to confirm it Papal Supremacy devests the Prince of his absolute Sovereignty of his Legislative power and renders Monarchy insecure of Possession or Succession by bereaving it of the guard of Laws of the strength of Alliances of the Fidelity of their People Several Impolitick inconveniences which attend that Religion Papal Supremacy destructive of the peoples Liberty and Property CHAP. VIII Presbytery inconsistent with Monarchy proved from five of their Fundamental principles 1. That it is not the best form of Government 2. That the Right of Kings is not from God but the People 3. That Kings may be called in question for their Administration of the Government 4. That they may by the people be deposed 5. That they may be punished with Capital punishment CHAP. IX Presbytery in reality as great an enemy to Democracy and Parliaments as to Monarchy A short view of their Tyrannick Consistorian Government over the Magistracy Clergie and Laity Of the latitude and power of Scandal to draw all affairs into the Consistory Of their kindness to their Enemies The small difference betwixt a Jesuit and Geneva-Presbyter Both aim at Supremacy CHAP. X. Presbytery as destructive of the Peoples Liberty and Property as it is dangerous to Monarchy and all Government Some necessary Conclusions from the former Discourse Licensed Sept. 20. 1677. THE COMMON INTEREST OF KING and PEOPLE c. CHAP. I. The two great Principles of Nature Self-Preservation and The ardent Desire of Happiness the Foundation of Society and Government Mr. Hobs refuted in his impolitick Position That Fear gave the first Origination of Society The Origine of Monarchy The occasion of the Primitive Wars The Original of Laws Monarchs or the first Leaders of Colonies the Primitive Legislators The reason of the Executive and Coercive Power of Magistrates The dangerous Error of those who make Laws the Foundation of Monarchy whereas in Truth all Laws and Establishments were the Concessions and Sanctions of Kings and Law-givers The Ill consequences of this Mistake The Law of Nature and of Nations anâ— of Divine Institution AMONGST all those Principles of Nature which Mankind and indeed the greatest part of the Creation receive at the same Instant with their Being there are two which as they are the most Universal so they are of the greatest Necessity and most constant Use The two great Principles of Nature Self-preservation and the ardent Desire of Happiness the Foundation of Society and Government THE first is that of Self-preservation or an inseparable Desire to keep themselves in Being by the obtaining and enjoyment of all those things which contribute towards the continuance of it or which give them a
BESIDES the very Foundation of such an Opinion is absurd and unreasonable for there can be no Laws till there be some frame of Government to establish and enact such Laws nor can any thing have the force or power of a Law or oblige men to obedience unless it does proceed from such a Person or Persons as have a right to command it and Authority to punish the Disobedience or neglect of those who ought to be subject to it And to say that this Right is in the People who by their suffrages Elect the Supreme Magistrate is so far from mending the matter that it makes it worse and more dangerous for then the People may in reason fairly presume when ever they please to say That the Sovereign Power is abused to their prejudice which was contrary to their Design in granting it to reassume their own Right and either keep the Power themselves or proceed to a new Election which is the direct Way to fulfil the prediction of the Necromantick Head which was once said at Oxford Bakers Chrons pag. 167. to have given this fatal Oracle Caput decidetur Caput elevabitur Pedes elevabuntur supra Caput which was tragically translated into English in the transactions of the late unhappy Times when Monarchy beheaded lay The head of Traitors bore the Sway. The feet of * Dan. 2.33 Iron and of Clay Became a monstrous head they say K. Charles Martyr O. Cromwell Army and Rump Parl. BUT further the universal Testimony of all Ages Nations and Places derive the beginning of Positive Laws from a Government justly impowred to make enact and command Laws and a superior Power that had a Right to exact Obedience to them So that it is almost impossible to find the least footsteps of Law Law of Nature and Law of Nations of Divine Institution that is by far so ancient as Government As for that Jus Naturae and Jus Gentium they are more properly Common and Universal Principles of Nature and all Nations than Laws and owe their establishment to a Divine Authority and not to any Humane Power and there is a vast difference between the very Words Jus and Lex though our Language does not admit of it in the common use of Expression for Jus properly signifies a Right or Propriety and such a Right as if it be common as the Right of Nature and Nations are every man by vertue of his Being lays a claim unto The word Lex or Law seems derived from the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 finem facio termino to put an end and determination to things which before were undetermined or from the Latin word Ligc to bind and oblige as Laws do all people to Obedience or possibly as Tully observes à Legendo from chusing what is best for society So 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 distribuo pasco rego to distribute Justice and Right to feed the people with care and diligence as a Shepherd his flock for which reason Homer calls Kings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Shepherds of the People who rule and govern them So the Hebrew word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is rendred Law signifies Doctrina teaching instruction because Laws teach and instruct all people what is their Duty All which words of the most ancient and universal Languages plainly intimate that there must be some person or persons who must have such Authority as may inable them to determine Differences oblige men to Obedience to those Laws they chuse as best for them seed govern and teach their Inferiors their respective Duties and who must therefore by necessary consequence be Governours before the Laws were made by which they and their successors afterwards directed and managed the Societies over which they were the Primitive Rulers Princes and Law-givers CHAP. II. Of the danger of Anarchy the necessity of Government and Laws to prevent it All People not fit for one kind of Government Of the three forms of Govenment Democracy Aristocracy anâ— Monarchy Some Considerations anâ— necessary Animadversions upon our laâ— English Republick THE goodness of the Divine Nature has not more visibly appear'd in any thing of humane affairs than in bestowing this principle of Self-preservation in so high a degree upon Mankind as to make it universally out oâ— Love to themselves oblige them to enter into Communities and Societies An effect so Noble that possibly that and Religion may more truly be said to distinguish Men from Brutes than Reason which though we ambitiously endeavour to ingross to our selves yet am I to learn how they can without some injustice be excluded from a share and lower portion of it some of their Actions being so remarkably Logical and Discursive as will never be solved either by mere matter and motion or the higher principles of bare sense and fancy But for this principle of Self-preservation though they enjoy a great measure of it in common with us yet not so much as to teach them for their security to enter into the mutual obligations of Laws Government and Society And 't is happy for us that this Wisdom was deni'd them since there are few Creatures so inconsiderable but if they had the Policy for their common safety to unite they would in a little time grow so numerous and powerful as to be able to enter into open hostility with Men and in probability either wholly extirpate humane race or at least as that Monopolizer of Wit and Fancy the most ingenious Mr. Cowley expresseth it Cowley Pind. Odes upon the 34. Cap of Esay stanz 6. pag. 50. And if of lost mankind Ought happen to be left behind If any Reliques but remain They in the Dens should lurk Beasts in the Palaces should Reign whereas now if they attempt any Rebellion or Disobedience they are easily subdued and kept under subjection by their own Disunion WITHOUT Laws or Government men would be but a more cunninâ— kind of Brutes and therefore we sâ—â— that where these prevail there humanâ— Nature is most refined civilized anâ— polite but where Laws are wanting iâ— any measure there in proportion meâ— degenerate into the greatest Barbarism Infidelity Ingratitude Treachery Inhumanity and almost brutish Anarchy and Confusion Nay their very Religion which is the highest exaltation oâ— the nature of Man and possibly the oâ—ly thing that perfectly and incommunâ—cably differences it by setting men in 〈◊〉 degree so superior to Beasts that they can never arrive at it even Religion 〈◊〉 self for want of Laws and Government becomes sensual and Barbarous if not Devilish THERE has therefore appear'd to all the World for self-preservation and mutual advantage an absolute necessity of Society The danger of Anarchy shews the necessity of Government Nor has it been less evident that it is absolutely impossible there should be any such thing without Government Superiority and Subjection For Anarchy is indeed the state of Nature but it is only of
not willing by an over-zealous confidence to erect a Trophy upon the Ruines of my modesty and if I transgress the limits of the decency which ought to bound every private quill I hope it will be attributed to fear and apprehension of danger which sometimes authorizes or at least renders a freedom pardonable which it may be cannot be reconciled to the severe rules of prudence or discretion And that this practice is not without most manifest danger former experience in whose severe School we have lately been disciplin'd into an unhappy certainty does sufficiently convince us Since it is beyond denial that we owe all those desperate misfortunes of our late dreadful revolutions to this great Art of Faction and making a party which by the secret and successful Industry of some people gave a prevalency to those Men who being in their principles opposite to the Interest of the Church and Crown in a short time by their furious practices ruin'd and overturn'd them both And the present prospect of the restless and unwearied Machinations of the same Faction may likewise make it appear no less necessary now it having always been esteemed as a wise and approved Maxim in the Physick of the Body Politick as well as Natural in times of spreading and Epidemick Contagions to prescribe Prophylacticks as well as Alexipharmacks one of which has and ever will be Principiis obsta venienti occurrite Morbo For Fatal Dangers Ill Events Early Prudence oft prevents And because I would shew a good precedent for these little shreads of the Muses I have seen it upon a quarry of Glass in the window of a publick house at Huntington written with the hand of the late glorious Martyr our Sovereign Charles the First agreeable to this purpose Errors in time may be redrest The shortest Follies are the best What from a Tragical experience he found fatally true certainly cannot be ill resented when from so great an authority offered as a necessary Caution for the future CHAP. VI. Of the Priviledges of the English Government and first of the Prerogative of the King The Imperial Crown of these Realms absolutely Independent The greatness of his Power according to Laws The Kings Person Sacred The Priviledges of the People First in sending their Representatives to the Parliament Secondly in having their property secured Thirdly in the Excellent and Constant method of Justice In particular Priviledges and Franchizes In all imaginable care to prevent the growth of the Poor and in providing for such as are so In committing the Execution of the Laws to such hands as will act with Justice and the care that is taken to prevent all abuses of Laws THUS have we taken a view of those choice Ingredients which compose the Government of the British Isles in which there appears the very refined extract and most sublime quintessence of all the several forms of Regiment in the World And from such a noble and well-temper'd mixture it is impossible there should naturally result any thing but the most sound and healthful Constitution in the Body Politick and a frame of Government built for wonder and Ages Certainly that bright Star to whose shining glories we owe the Day does not in all his travels round the Earthly Globe survey a more happy spot of Ground And if any place since the loss of Paradise can pretend to it this may justly challenge the name of Albion the Happy the Fortunate Island O nimiùm foelices bona si sua nôrint Anglicolae Pardon kind Reader the Pedantry of this little remaining Apollo which warms me with these fragments of his almost extinguisht fire O more than Happy â—ritish Land If our own Good we understand Happy by Nature Happy by Arts but much more Happy by the best Laws and Government that the whole Earth can shew THERE is nothing does so evidently demonstrate the excellency of a Cause as the noble effects which it does produce nor can any thing so plainly speak the goodness of a Covernment as the mutual happiness of the Governed and Governours To manifest this I wish my power carried a just proportion to my will and that my Pen were capable of keeping pace with my Intentions and both with the real worth and merits of this most incomparable Government IT is not without some degrees of arrogance to attempt it but it would be the most insupportable vanity and certain indication of a crazed fancy to pretend to the accomplishment of such a 〈◊〉 design He that will undertake to draw the picture of the Sun when he is mounted in his Meridian Chariot of Light and attended with all his dazling guards of Brightness can expect no other reward of his audacious folly but to lose his labour and his eyes The best and safest prospect of that glorious Planet is in his agreeable Reflections and benign Influences And for my own particular I am not so familiar with Majesty as to approach it though but with my Pen without some certain tremblings of my hand occasioned by that awful veneration which the very name of Dread Sovereign raises in my mind Nor can I believe that Great things and greater Persons are to be treated or so much as treated of but with the greatest respect and deference caution and the most profound submissions And therefore if whilest I endeavour to display their amazing glories and excellencies with a design of rendring them the greatest services I am capable of I draw them in the Miniature of this short Discourse I retain some faint hopes that the imperfections of so small a Piece being so much more pardonable by being little will be attributed to my timerous hast Fear is a passion which is apt not only to disorder the Fancy but even to discompose Reason it self And it is not uncommon for great Persons and generous Spirits to pardon with a gracious smile the effects of that veneration which they have occasion'd and which is apt to give such confusions to their Inferiors as sometimes makes them mistake the necessary decencies of their Duty even whilest they would endeavour most respectfully to preserve themselves within its Limits Let us therefore with all due humility look upon the Robes of Majesty the Ornaments and Ensigns of Royal Dignity those unvaluable Jewels whose radiant Lustre adorn the English Diadem and which is it self adorned by the Head that wears it Which will with ease convince us how happy that People must needs be who live under the kind Beams of such a Monarchy and such a Monarch Of the Priviledges of the English Government and first of the Prerogative of the King THE Excellency of the Ancient Flourishing and August Monarchy of Great Britain which God long preserve in Peace Glory and Prosperity consists principally in this That it is absolutely Independent and That the Sovereign and Imperial Crown of these Realms The Imperial Crown of this Realm absolute and Independent though it does admit of Foreign Equals knows no
and of as little estimation as the Brutes But in our happy England every man even the meanest Subject may confidently say that whatsoever according to the Laws he does possess and enjoy it is solely properly and absolutely his own to all intents and purposes of possession And so tender is our Government in this particular of property that it provides a certain defence security and protection of Laws for all mens Persons Relations Honours and Estates and not only so but for their good Name and Reputation that if they have any it may be preserved from Injury there being severe penalties as well for a Defamation of the meanest Cottager whose greatest Riches it may be consists in that little Jewel as for a Scandalum Magnatum against the greatest Peer Nor can any person dispossess them of a thing of the meanest value without their consent either by fraud or violence without making a just commutation either of current money or what is as good but he is liable to the punishment of the Laws in all such cases provided some of which are in their penalties for such crimes more severe and ignominious than in any other Nation of the World which has made some people of Ingenuity wish the King of England had more Gallies and that they might receive many serviceable Lives of Criminals who perish at the Gallows NAY so great and absolute is the Property of the English Subjects that the extraordinary occasions of the publick cannot by Law be supplied out of their Estates without their consent and concurrence by their Representatives in the House of Commons who for that purpose prepare and transmit all Bills for supply of Mony to the House of Lords for their Concurrence and the Royal Assent Certainly these Freedoms and Priviledges are so great that the Subjects in other Nations would think themselves Princes if they might enjoy them And are such as the greatest Princes in Foreign parts who are not absolute and Independent Sovereigns can scarcely pretent o be possessors of THE third Priviledge and not the least The third Priviledge the Excellent and Constant Method of Justice though the last that amongst a multitude of others we shall take notice of is the excellent and constant method of the Administration of Justice to all Degrees and Conditions of Men which twice in every year is as it were brought home to their door And in this the Government shews it self to be truly good great and generous even to those who least deserve it such as are all Criminal who how notorious soever are not yet debarrd from having Justice done them before it be done upon them So that no delinquent can be punished either as to loss of Life Limb or Estate Imprisonment or Banishment but by a regular publick method and process of Law secuadum allegata probata according to the evidence of such as are believed to be credible persons and able to give a true and valid Testimony And according to the ordinary procedure of Law in all cases that touch an offenders Life or a considerable part of his Estate he is to receive his sentence according to the Verdict of his Peers or Equals in Condition who are at the fewest Twelve good Men and true or so reputed and if possible known to the Criminal and he to them Who when they are Impanell'd upon his Trial are by a solemn Oath sworn to proceed without favour or affection to the best of their knowledge From which procedure he may therefore in probability expect all the Right and Justice he can hope for or deserve and lest there should be any opportunity for Malice Pique or Envy then to revenge themselves upon the Prisoner he has the liberty to make a challenge or except against so many of the Jury as he can suspect And in all cases of Life and Death by a particular Proviso persons of those professions who by their Trade of slaughter and being inured to shed the bloud though but of Beasts lest by that custom they should be obdurate or less compassionate and tender of humane Life are debarred from being of such Juries Many Immunizies and Municipal Franchizes besides possessed by the People THERE are almost innumerable other Priviledges Municipal Franchizes and Immunities which by Custom or Charter are enjoyed both by particular Persons and Corporate Bodies all which it were endless as well as needless to recount These which I have mentioned as they belong in common to the English Subjects so they are sufficient to manifest the excellency of the Government of this Nation beyond all just exceptions As for those discontented Factious spirits who murmur and repine because they have no more such Ingrates of all others certainly cannot deserve so many And 't is great pity they do not know the price of Salt in France or the frequent Two Hundred penny of the neighbouring States besides all other Imposts and Excise upon all manner of necessaries and conveniencies of Life And they who so much admire the Government and Liberty of those people of the Belgick Union and especially their Liberty of Conscience if I am not mistaken in their Humour love their Mony too well to be much in love with their Religion or even that envi'd Liberty if they understood how high the Exchange and Market of it runs in those Provinces and I am apt to believe they would scarce turn the penny by becoming Merchant adventurers in that Trade if they were truly sensible that they must purchase it at such excessive Rates Bought wit is the best provided the price be according but even that which they call Religion and Liberty as well as Gold may sometimes be bought too dear It is experience that teaches wisdom though the usual saying is but too true that she is the Mistress of Fools intimating that all those people run the hazard of that Infamous character who will not take up Truth upon the credit of other mens Trial and Damages and whom nothing is able to convince but the dear certainty which they purchase at the expence of their proper Loss and too late Repentance others may if they please but for my own part I have had too great a share in it to admire this Phrygian wisdom Serò sapiunt Phryges which in plain English is the greatest folly THE familiarity even of Happiness renders it contemptible with some people and we daily see that Light and Health the one of which is the Salt of Life that gives a poignant relish to all we do enjoy and the other the great comfort and satisfaction of our days are yet rarely estimated according to their real and intrinsick value but by being so familiar to us are many times not thought worth our taking notice of till by their absence or diminution we are made sensible of their great necessity and pleasing excellency Assuredly here are priviledges sufficient to prove the goodness of our Laws Government and Governours and to satisfie
any modest regular and unambitious desires And far more and greater would not be capable to satisfie the ambitious and unbounded Humour of perpetually craving Democracy which is like the meager and ill-favoured Cows in Pharaoh's dream Gen. 41. the very picture of envy and ill luck or rather the thing it self which would devour all our fat well-favoured and pleasant years of Plenty and be never the better it self after so full a Meal but in stead of the Liberty which it does flatteringly promise us would oblige us like the Egyptians in that dreadful Famine to pawn all for bread to eat and at last to offer up our selves and posterity its voluntary or rather necessary slaves for ever And in which it would exceed the severities of that calamitous time the Lands of the Priests which there met with a favourable exemption would here be the first Morsel with which rapacious Democracy would feast it self The truth is this Factious Republican Humour is like the hideous Gulph into which the noble Curtius leapt to satisfie the more cruel than ambiguous Oracle which cannot be perswaded to close its terrible Jaws with the richest appeasments of Silver Gold Pearl or Jewels unless it drink in whole Rivers of Innocent Bloud and at last the best Man become an attonement and Victim to that voracious Prodigy of a Factious Populace when inspired with a Religious Rebellion call'd a thorough Reformation TO conclude this particular All imaginable care used to prevent the growth of the Poor and to provide for such as are so the goodness of the English Government does not appear more in protection of the Rich Great and Noble than in providing for the Poor In which affair it is the constant care of the Government first if possible to prevent the growth and increase of them by incouraging Industry providing of stocks to set them at work upon and punishing all dissolute Idleness And in the next place by making such competent necessary and constant provision for all such as are truly Poor Aged or Decrepit or who by unavoidable accidents or misfortunes come to be distressed and necessitous that in some Places and amongst some Natures the certainty of a future provision for them and their posterity by the respective Parishies and Places of their aboad does rather make them careless and improvident than thankful and Industrious which at the same time manifests the compassionate and charitable temper of the Government and the slothful Ingratitude of those persons who take a Commission to be careless and Idle from the encouragement of those Laws which were intended in pure compassion to preserve them from misery and starving All possible care taken to commit the Execution of Laws to such hands as will act with Justice and to prevent all Abuses Frauds Perjuries and Delays of Law and Justice IN short as the Laws are in their own nature choice prudent safe advantageous and universal and by long experience found to be such as correspond to all the Intentions of the durable happiness of Society so there is the most exact Government by those Laws and a constant administration of Justice by persons of the greatest Integrity and ability as also a constant care taken to prevent all miscarriages oppression or perverting of Justice by Bribes Forgery Perjury or Partiality and there can scarcely a speck of Rust appear upon the bright sword of Justice or the least grain of corruption be thrown in to turn the equal balance of the Law but by the curious eye of vigilant Authority it is taken notice of corrected prevented and amended for the future And what can be more desirable or desired in any humane Society who pretend to be bounded either with Modesty or Reason I am yet to learn If there be any thing wanting to make the Happiness of the Subjects of the English Monarchy complete they must expect it from themselves and their own peaceable acquiescence under the Laws and Government And if they are not utterly Incapable of satisfaction his most gracious Majesty has made his repeated Instances to the two Houses of Parliament that they would consider what is wanting and has given such constant and unquestionable assurances of contributing all his Authority to whatsoever shall be thought fit to be offered for a further security of every mans Interest as to Property and Religion as will not permit the least scruple but that we live at present under the best of Princes as well as under the best of Laws and Government CHAP. VII The great misfortune of Religion which is made the great pretence to ruine Monarchy A stratagem of the Devil to extirpate all true Religion out of the World The two Opposites and Enemies of Monarchy Papacy and Presbytery The Opinion of the Catholick Doctors about Papal Supremacy and the new Roman Creed to confirm it Papal Supremacy devests the Prince of his Legistative Power of his absolute Sovereignty and renders Monarchy insecure as to Possession or Succession bereaving it of the Guard of Laws of the Strength of Alliances of the Fidelity of the People Several Impolitick inconveniences which attend that Religion Papal Supremacy destructive of the Peoples Liberty and Property FROM what has been most truly said as being matter of most evident fact and of so publick demonstration that no person can deny it who will not at the same time manifest shameless Confidence and notorious Ignorance of that Constitution and those Laws the benefit of whose Goodness he does continually enjoy it does appear that there can be nothing wanting to complete the happiness of all sorts and conditions of Men who live under this admirable Government but the knowledge of it which would bring them to a real belief that they are the most Happy People in the World that so they might be satified of the great obligations they have to Unity amongst themselves and all ready compliances of Obedience to the Commands of the Supreme Authority in those Laws which are so much both their own Choice and Interest which is the only rational way to continue increase and secure their Happiness and to render this most happy Government impregnable against all the malicious attempts of theirs because its implacable Enemies ONE would difficultly be perswaded if unerring Experience did not afford an unquestionable conviction that it were possible to find either so great Malice or Mistake as could be capable to transport any person so far beyond the confines of Reason as to endeavour so much as in a thought much less by their actions to alter or subvert a frame of Government so beautiful and in all its parts most exact and excellent And if nothing besides were able one would judge That the impregnable strength of so well a built and fortified a Constitution were sufficient to discourage the most daring Villains and desperate Natures amongst Mankind To attempt such an enterprize as appears in all Humane probability the very next thing to impossible to be
a Saint that is a puling favourite and flatterer of the Presbytery and he is minded Religiously to do himself a kindness call'd cheating you though you produce Deeds Evidences or Speacialties all 's one if he does but whine out the suspicion of a scandal of Forgery and appeal from the rigor of the Law to the Court of Conscience the Equity of the Consistory by their Decree you shall lose not only your money but your Credit too If a Merchant trade to the Papal Dominions and in a time of Famine furnish them with Corn he may chance to suffer Shipwrack at home for feeding and maintaining Gods Enemies abroad and it will never be forgotten what a horrible Sin the transporting of Wax from Scotland to the Spanish Territories was adjudged because it was employed to Idolatry and making Tapers to the Altars of the Saints SEE now the kindness of this Government here 's a new way to pay old Debts out of the bank of Scandal A free trade open'd to inrich the People of the Nation by forcing them to keep the glut and surplusage of their Native Commodities at home for fear of Scandal And indeed there is no Law Sanction Action or Profession Civil or Political that may not easily be brought to be cognizable before them under the notion of Scandal Nor will there be any Right or Justice but according to the partiality of their belief of the Integrity of the Parties that is if they be men of their Interest the affair shall be managed in favour of them in despight of Law Justice Right or Equity AND now my neighbours of the Laity what think you of Monarchy and the good old Common and Statute Law and Episcopacy is not this Scandal the servant of the Consistory a more dangerous and troublesome Fellow than an Apparitor or a Pettyfogger I leave it to your Consideration and Judgment Of their kindness to their Enemies IF this be the Entertainment of their Friends what may we expect will become of their Enemies and such are all those who either oppose them or dissent from them whether of the Laity or Clergy Papists or Episcopal Protestants Sectaries or Dissenters I need not be tedious they are to expect as much favour at their hands as the Enemies of God and Religion can hope for and that is punishment in all its terrible dresses shapes and degrees as far as Banishment loss of Estate Liberty Fame Reputation and Life will go and further if they have any Power of the Keys they are sure to be given up to the Devil and shut out from their Kingdom in Heaven I wish that all our Dissenters would consider this and reunite with the Church of England where they may expect pity and compassion for their Errors and a right information of their Understandings in those mistakes about the Circumstantials and Ceremonies which are the principal occasions of our differences and their separation certainly whilest they raise the Interest of the Presbyters by swelling their Party and agree with them in opposing the Church they act directly against their own which is to unite with the Episcopal Party against the Consistorian the common Enemy both of Conformist and Non-Conformist and which should it prevail would shew equal kindness to the one as to the other and though they now cry out against Persecution and Compulsion it is only for their own sakes and had they the supreme Power at which they aim and which the other dissenters though beyond their intention whilest they oppose Monarchy and Episcopacy assist them in they would not fail to execute the rigors and severities of all Penalties upon all such as should dissent from them and their Opinions Doctrines Faith Discipline and Practice FROM all which considerations it is most clear and evident as well as from their practice at Geneva and in Scotland from the Authentick Records of their proceedings The small difference betwixt a Jesuit and a Presbyter of Geneva both aiming at Supremacy in which place all and much more than I have said may be justified That Presbytery aims secretly at Supremacy and that there being no great difference between those of the foundation of Loyola and Geneva but that the latter have by their horrible Actions brought that Infamy upon the Protestant Cause and Reformation which the other had in vain attempted they are both inconsistent with Monarchy and indeed all Government over which they pretend a Power and Jurisdiction from Christ the one for the Pope and the other for the Presbytery from which there lies no appeal and the Genevian Faction who pretend to detest and abhor Rome for her Tyranny do even out-do her at least in pretensions to absolute Temporal Sovereignty and Dominion over all Persons Cases Actions and things which must submit to the Scepter of Christ which they tell us is their Holy Discipline CHAP. X. Presbytery as destructive of the Peoples Liberty and Property as it is dangerous to Monarchy and all Government Some necessary Conclusions from the former discourse FROM the Premises of this excellent frame of Spiritual Government of Presbytery it is easy to conclude That this Doctrine is every whit as dangerous and destructive of Property as Prerogative of Liberty in the People as Authority in the Prince or Government For if it be a good and sound way of Reasoning that the Power which can do the greater can certainly do the less then they who can for any crimes against the Law of God of which they are the only Judges and Interpreters take away the Crown and Life of a Prince the Power and being of a Parliament may undoubtedly for any scandals or offences against themselves and their Divine Authority take away the Life Liberty and Property of any private Man and it is easily remembred and ought never to forgotten how all those were treated in the Late Times who were either declared supposed or suspected to be Enemies to the State as they called that Eaction of a Parliament which was imbarqued in their Holy League and Covenant and though their Friends scap't with their lives their Estates paid many Millions Ransome for those and their pretended Liberty It is true some particular persons were strangely advanced both in Power and Riches so are some Pirates and Highway-Men by rich prizes and good Booties but it is all out of the publick stock of the Nation which was just so much Poorer as they were Richer Nor had the principal of the Faction any other design then or have they any other now but their own private revenge or advantage Discontent and Ambition are constantly at the bottom of Faction and Innovation and Oppression always at the top For though these men pretend to be the great Patrons of the Peoples Liberty and Defenders of Religion they have no real value for the one or the other further than to serve their own designs which is only to wheedle the credulous Populace into their Party and when by the