confident the last Parliament had been as great as blessing to the land as ever any was in former ages had not the ambition avarice and malice of some interrupted the course of the lawes But for this assembly of Traitors which hath a long time called themselves a Parliament sitting without the house of Lords and secluding from the house of Commons all that would not be as cruel barbarous and wicked as themselves it is a disturber of the Kingdoms peace an enemy and destroyer of the people and if we look upon their actions in their beginning in their raise and in their progress they may seem to have had alwayes a formal opposition to justice and to have acted by some occult and specifical quality not common to other Christians There was indeed at the first beginning of the Parliament much murmuring and discontent amongst the people partly caused by the monopolies and unusual taxation of Ship-mony and partly occasioned by the abuses of divers Courts Here the enemies of the Common-wealth finding a spacious overture to enter into this Rebellion began to act their parts and being too provident to loose such an advantage laboured to exasperate the minds of the people and to stir up those evil humours which began already to appear And although his Majesty offered all just satisfaction for what was past and the best securitie themselves should in reason require that the like Disorders might for ever after be prevented yet these turbulent and factious spirits being for the most part men of broken fortune and hoping to heal themselves by the ruin of others opposed all such motions and would needs themselves become Chyrurgions to the state and as Chyrurgions are wont to smooth and stroak the parts which they resolve shall bleed so they began to smooth and stroak the people promising them a new light in matters of Religion and that they would remove the grievances and sweeten the evils which affected the Common wealth although in stead of removing and sweetning them they have almost made them incurable By these perswasions mixed with many pretences of Religion they procured the people to meet together in great multitudes and in a tumultuous manner to assault divers of the Lords as they were going to the Parliament and to drive them back again not permitting them to speak in the house when their speech was most necessary for the service of the Kingdome Although it was easy for his Majesty to discover their intentions yet the love he bare his people made him to dissemble it and to give way to their proceedings hoping they might in time be brought by his favours to mitigate and correct their furious practises but finding at last that his patience served for nothing else but to fortifie and encourage them in their malice he thought himself obliged to take such wayes as he judged most convenient to stop the course of their proceedings the continuation whereof was like to bring so many mischiefs to the Commonwealth and seeing it was like to be prejudicial to the safety of the people as well as to his own to stay longer in a place where there was neither security for his person nor liberty for any other then those factious persons to vote according to the dictats of their own reason he was forced to withdraw himself from the Parliament to avoid the pernicious effects of those mens counsels which were resolved the whole commonwealth should sink rather then themselves not obtain those places of command and profit which they aimed at The King being gone it was not to be wondred if they which in his presence had the boldness to weave such pernicious designes against the state should in his absence endevour to corrupt the fidelity of his subjects for having the city of London wholy at their command they neither wanted means nor opportunity to draw the people to their faction who by such artificial devices as they used were easie to be insnared They tould them that by resisting the King they should not be rebels but an army authorised by those which were depositaries of the Kings authority that this resistance was an inspiration from heaven which promised the restauration of their ancient liberties which they said had been so often violated by the King They made them believe that the authority of the King and the whole commonwealth would be brought into confusion if they did not vigourously oppose those disorders were growing upon them and remove those evill counsellors from the King that did mislead and seduce him and withall they set out a Declaration promising to preserve and defend the Kings Majesties person and authority together with the liberties of the Kingdom assuring them they had no thoughts or intentions to diminish his Majesties just power and greatness or any way to alter the constitution of the government or of Parliaments consisting of a King a house of Lords and a house of Commons But now we see the effects contrary to those words and promises which were so solemnly made to the whole Kingdome for they have not onely diminished his Majesties just power and greatness overthrown the nature and very being of Parliaments but most traiterously deprived his Majesty of his life and that afte he had condescended so far as to satifie all their unreasonable demands which fact of theirs although it hath been masked with many specious pretences and coloured with the fairest shews of justice yet was it the most execrable murder that ever was committed next that of our Saviour Christ and his ambitious judge hath gained this that next PILATE BRADSHAW of all such judges shall by posterity be esteemed the chief This murder of the King as it was most unjust so was it also most unseasonable considering the present disposition of the Kingdome whose strength being already too much weakened and attenuated ought not to have been further wasted and consumed by renewing the war which the death of the King did threaten But such motions could work nothing upon those which had long before resolved to make all other considerations give place to profit and ambition the people abused themselves whilst they thought this factious assembly would be more careful and tender of them then of the King for they have not onely brought a new war upon them which might have been avoided dashing them all against one another but have also themselves many wayes barbarously afflicted and destroyed them they have made the scaffold the Gibbet the prison and the grave the common places of their rendezvous and those which they have not devoured by their cruelty they devour by their unsatiable avarice whilst they declaim against Kings for oppressing the people by unjust taxations they have themselves as hath been computed by many squeesed more in one year from the Commonwealth then all the Kings of England have done since the conquest The lawful Magestrates are deprived of the liberty and honour of their functions and such as are the
of good right and equity it appertaineth any grants usages prescription act or acts of Parliament or any other thing to the contrary hereof notwithstanding Secondly the power of appointing subordinate judges is declared and determined to be in the King by the same Statute And be it also enacted by authority aforesaid that no person or persons of what estate degree or condition soever they be from the said first day of July shall have any power or authority to make any justices of Eire justices of assize Justices of peace or justices of Goale delivery but that all such Officers and Ministers shall be made by Letters Patents under the Kings great Seal in the name and by authority of the Kings highnesse and his Heirs Kings of this Realm in all Shires Counties Counties Palatine and other places of this Realm Wales and the marches of the same or in any other his Dominions at their pleasure and wills in such manner and form as justices of Eire justices of Assise and justices of peace and justices of Goale delivery be commonly made in every shire of this Realm any grants usages prescription allowance act or acts of Parliament or any other thing or things to the contrary thereof notwithstanding Thirdly the power of making leagues with forraign Princes and States is declared to be in the King by a Statute made in the fourteenth year of Edward the fourth which begins thus 14. E. 4. cap. 4. Whereas divers and great offences and attempts have now of late been done and committed against the amities and leagues made betwixt our said soveraign Lord the King and strange Prince By this beginning of the Statute it is manifest that the power of making leagues and contracting alliance with forraign estates is a right belonging onely to the crown I could yet add divers other acts of Parliament to confirm this and all the other particulars above named but I suppose these which are already alledged are more then sufficient there are also other rights of Soveraignty which I could shew by the statutes to be in the King but because there is no contestation about them I will not fight with a shadow those above mentioned are the chiefest and inseparable from Majesty CHAP. IV. The Kings Supremacy in general shewed by the Common Law HAving shewed the Kings Supremacy from the Statutes I come now to the Common law which is the ground and foundation of it for Statutes are but declarations of the royal power the power it self with the several modifications and qualifications of it is more ancient then any statute and cannot be limited or restrained by an Act of Parliament in any thing that tends to the derogation or diminution of Majesty for the English Monarchy by the common law is an absolute Monarchy susceptible of no alteration in the rights and preheminences of Majesty First I say the English Monarchy is an absolute Monarchy by the Common Law admitting no mixture in the rights of Soveraignty the King alone being the onely supreme head and governour having none superiour to him or coordinate with him either singly or collectively taken this is expresly determined in Sir Edward Cokes reports If that Act of the first year of the late Queen had never been made it was resolved by all the judges that the King or Queen of England for the time being may make such an Ecclesiastical Commission as is before mentioned by the ancient prerogative and Law of England Coke lib. 5. in Caudreys case And therefore by the ancient Laws of the realm this Kingdom of England is an absolute Empire and Monarchy consisting of one head which is the King and of a body politick compact and compounded of many and almost infinite several and yet agreeing members all which the law divideth into two general parts that is to say the Clergy and the laitie both of them next and immediately under God subject and obedient to the head also the King head of this Politick body is instituted and furnished with plenary and iutire power prerogative and jurisdiction to render justice and right to every part and member of this body of what estate degree or calling soever in all causes Ecclesiastical or Temporal otherwise he should not be head of the whole body This is further proved by Sir Edward Coke by divers Precedents and Acts of Parliament who concludeth his report after this manner Fol. 40.6 Thus hath it appeared as well by the ancient common lawes of this Realm by the resolutions and judgements of the judges and sages of the Lawes of England in all succession of ages as by authority of many acts of Parliament ancient and of later times that the Kingdome of England is an absolute Monarchy and that the King is the only supream governour as well over Ecclesiastical persons and in Ecclesiastical causes as temporal within this Realm to the due observation of which Laws both the King and Subject are sworn In the second year of King James in Hillary Terme letters being directed to the judges to have their resolution concerning the validity of a grant made by Queen Elizabeth under the great seal of the benefit of a penal Statute in which grant power was given to the Lord Chancelour or Keeper of the great Seal to make dispensations when and to whom he pleased after great deliberation it was resolved that when a Statute is made by Act of Parliament for the publick good the King could not give the power of dispensation to any Subject or grant the forfeitures upon penal lawes to any before the same be recovered and vested in his Majesty by due and lawful proceeding and the reason there alledged is because the King as head of the Common-wealth and the fountain of justice and mercy ought to have these rights of Soverainty annexed only to his Royal person Coke lib. 7. tit penall Statutes Car quant un statute est fait pro bono publico le Rey come le teste del bien publique le fountaine de justice mercie est par tout le realme trust ove ceo cest considence trust est cy inseparablement adjoyne annexe al Royal person del Roy in cy haut point de soveraigntie que il ne poit transferre ceo al disposition on poiar d'ascune privat person ou al ascune privat use that is For when a Statute is made for the publick good and the King as head of the Common-wealth and the fountain of justice and mercy is by all the Realm trusted with it that confidence and trust is so inseperably annexed to the Royal person of the King in so high a point of Soveraignty that he cannot transfer it to the disposition or power of a private person or to any private use I shall not need to explain and amplifie the matter by arguments and inferences drawn from these reports for the words are clear of themselves and do expresly declare and resolve the Monarchy of
ordinances not a bridle of force but a bridle of admonitions counsel and advice they have no other means but such by Law to bridle the King if at any time he breaks out into violent and illegal courses This is the Scope of Bracton as is evident by the whole coherence and connexion of the matter who was so far from allowing such fond conceits and imaginations as they seem to suppose that the contrary runs in one constant veine through all his book if they regarded the authority of Bracton they would soon lay down their arms and sue to his Majesty for a Pardon Thirdly they alledge the testimony of Fortescue who speaking of the King of England Fol. 25. saith Prinipatu ne dum Regali sed Politico suo populo dominatur That is He governeth his People not only by Kingly but also by Politique power Reply Fortescue implyeth in these words that the King ought not to make his Will but the Lawes the rule of his power not that others are coordinate with him in the rights of Soveraingty Arist Pol. l. 1. c. 1. 3. For power is either Despotical or Politick Despotical power is Kingly power not moderated nor restrained by humane Laws and constitutions Politick power is Kingly power limited and restrained by humane and politick Laws Now Fortescue saith that the Kings power is not meerly Despotical and Regal but Politick and tempered by law and his intention is to shew the difference between the Common Laws of England and the Civill Laws The Emperour after the power was translated to him from the Common-wealth by that Law which in the Digest is called lex regia until the custome of making Laws by the assent of the people took place again might command what he pleased Quod Principi placet legis habet potestatem is a part of that Law but the King of England he saith cannot altogether govern his people by such a power but is obliged to rule them according to the tenour of the Politick Laws and Constitutions of the Kingdome so that Politique power is here opposed to Kingly power taken in its greatest latitude and not to Kingly power moderated and restrained by Law But how doth this concern the case in hand Object 4 Fourthly they alledge Precedents Parliaments they say have exercised a supreme power over the Crown of England it self to transfer it from the right Heir and setled it upon whom themselves thought meet to elect for their King They cite two Kings which were deposed Edward the second and Richard the second and then conclude that those Parliaments which have exercised such jurisdiction over them must certainly be above them and the highest Soveraigne power Reply The deposition of those Kings hath been resolved Treason by all the Judges of England and yet if it had been legall Coke institut part 2. tit treason the Precedents are impertinent for those acts were confirmed by the Kings themselves and could never have been esteemed Acts of Parliament without their own assent CHAP. X. Objections made against the KINGS supremacy in Particular by Mr. Bridge the reverend Divines and Others answered THey have yet other Objections whereby they endevour to prove that the Particular Rights of Soveraigntie are divided from the King and placed in the two Houses And first touching the Militia Mr. Bridge and the reverend Divines have found a device how the Parliament may make use of that and levy war against the King by his own authority They say as Judges they may send out Messengers or Sergeants at Arms for his evill Counsellours and in case they refuse to appear before them fetch them in as Delinquents by force of arms this is the sum of their Objection but I will set it down in their own terms Suppose saith Mr. Bridge a man be complained of to the Parliament for some notorious crime it is granted by all that the Parliament hath a power to send a Sergeant at Arms for him Mr. Bridges Objection and if he refuse to come that Sergeant at arms hath a power to call more and if the Delinquent shall raise twenty or thirty or an hundred men to reskue him then the Parliament hath power to send down more messengers by force to bring up the Delinquent and if they may raise an hundred why may they not upon the like occasion raise a thousand and so ten thousand And again in his answer to Doctor Ferns reply If the Parliament may send one Serjeant at Arms then twenty then an hundred then a thousand Reply This I confesse is a subtile invention for there can be by Law but thirty Serjeants at Arms at the same time within the Realm now if Mr. Bridge can shew a way how out of thirty Serjeants at Arms an Army of a thousand 13. R. 2. Cap. 6. or ten thousand may be raised he shall be worthy to have a Statue erected to his Memory The reverent Divines have in substance the same objection The reverent Divines objection saving onely they are not so punctuall for point of Law as to have their Army consist of Serjeants at Arms and they alledge a case in Law to justifie that way of proceeding Supposing say they the power of calling and dissolving Parliaments wholly in the King ordinarily yet there may be such power in them so long at they do sit to command arms to be raised for the suppressing of any Delinquents maintaining themselves with Arms even under the colour of the Kings authority which I thus make good If there be any such kind of power in the very judges in their Courts at Westminster for the whole Kingdome and in their several circuits for the shires they sit in although themselves are made Judges at the Kings will merely and put out ordinarily at his pleasure and they can neither keep assizes at any time nor keep any term any where but when and so long as the King pleases to give commission If I say there be such a power in the Judges and even in one of them then much more in the whole Parliament which is unquestionably and undoubtedly the highest judicature in the Kingdome and hath most power during their sittings now that such a kind of power is in the Judges I appeale to experience in the case following A private man hath a suit with the King about land or house and the like the King hath possession and some officer or tenant of his holds it for the King the Judges having heard the cause give sentence for the subject adjudge him to have the possession delivered him by the Kings Tenant or Officer he refuses and Arms himself to keep possession still upon this after due summons and processe of Law a writ of rebellion shall go out against the Officer af the Kings even though he should pretend to keep possession still by a command and warrant from the King and the Sheriffe shall be commanded to raise arms oven the whole
England to be an absolute Monarchy the King alone to be the only supreme head and Governour of the whole body that is of all the people as well collectively as severally taken And hence it is namely in regard of the Kings Supremacy he being the only head of the Kingdome having no equal or Superiour but God alone whose Vicegerent he is upon earth that the Common law doth by way of fiction and similitude attribute unto him the Divine perfections 1. H. 7.10 Finch lib 2. del ley bap 1. Roy est le test del bien publike immediate desoubs Dieu desuis touts persons en touts causes Et pur ceo entant que il resemble le person del Dien port son image enter homes le Ley attribute a lui en un similitudinarie manner 7. E. 4.17 21. H. 7.2 Coke 7. f. 7. B. 43. El. Coke 5. fol. 114. B. 4. E. 6.31 5. E. 4.7 2. H. 4.7 1. H. 7.19 bombre del excelleneies que sont en Dien cest ascavoir SOVERAIGNTIE tout terre est tenu de de luy nul action gist vers luy car quis commandra le Roy POYAR il poit commaunder ses subjects daler hors de Realm en guerr poet faire ascune foreine coine currant icy per ses Proclamations MAJESTY ne poet prend ne departer ove oscune chose forsque per matter de record si non soit chattell ou tiel quia de minimis non curat lex INFINITENES en un manner 35. H. 6.26 esteant present en touts ses courts si come home poet dire en chescun lieu PERPETVITY ayant perpetuell succession ne unque mor. 10. El. 331. 35. H. 6.61 4. El. 246. PERFECTION car nul laches follie infancie ou corruption del sank est judge en lui VERITY ne serra unque estoppe JUSTICE ne poet esse disseisor ne faire ascun tort id est The King is head of the Common-wealth immediately under God over all persons and in all causes and therefore because he represents the person of God and bears his image the law attributeth unto him in a similitudinary manner a shadow of Divine excellencies namely SOVERAIGNTIE all lands are holden of him no action lyeth against him for who shall command the King POWER he may command his Subjects to go out of the Realm to War He may make any forraign coyn currant here by his Proclamations MAJESTY he can neither take nor part with any thing without matter of Record except it be chattel or such like because the law regards not such small matters INFINITENESSE after a Manner being present in all his courts and as it were in all places PERPETUITIE having perpetual succession and being not subject to dye PERFECTION for no laches folly infancy or corruption of blood can be judged in him TRUTH he cannot be estopped JUSTICE he cannot be a disseisor or do any wrong There are also divers prerogatives and priviledges by the Common law belonging to the King and divers Acts which the King may do or not do by reason of his Supremacy The King shall not in his writ give any man the style or title of Dominus because it is unbeseeming his Majesty to use that tearm to any he being himself omnium subditorum supremus Dominus the supream and soveraign Lord of all his subjects and in this case although there be variance between the Writ and Obligation 8. E. 6.23 B. 11. E 4.2 8. E. 4.2 or other specialty yet the Writ shall not abate which it shall in other cases as if they vary in the name or sirname or if they vary in the surn The King can hold land of no man As p. 1.18 Elizab. 498. because he can have no superiour but on the other side all lands either immediately or mediately ate holden of him as Soveraign Lord for although a man hath a perpetual right in his estate yet he hath it in the nature of a fee and whether it cometh to him by descent or purchase he oweth a rent or duty for it and therefore when in pleading a man would signifie himself to have the greatest right in his estate Littleton f. 3. he saith Que il est ou fuit seise de ceo en son demesne come de fee that he is or was seised thereof in his demeasne as of fee and if a man holds his estate immediately of the King as of his Crown or person this tenure is called a tenure in capite because he holds it of the supreme head of the Common-wealth If a man holdeth land both of the King and other inferiour Lords whereby his heir becometh a Ward the King alone shall have the custody both of the heir and land the reason which is rendered in law is because the King can have none coordinate with him or superiour to him Glanvil lib. 7. cap. 10. Si quis in Capite de Domino Rege tenere debet tunc ejus custodia ad Dominum Regem plene pertinet sive alios Dominos habere debeat ipse haeres sive non quia Dominus Rex nullum habere potest parem multo minus superiorem i. e. If any man houldeth land of our Lord the King in capite then his wardship shall wholly belong to our Lord the King whether he hath other Lords or not because the King can have no equal much less a superiour Bracton lib. 2. cap. 37. Si aliquis haeres terram aliquam tenuerit de Domino Rege in Capite sive alios Dominos habuerit sive non Dominus Rex aliis praefertur in custodia haeredis sive ipse haeres ab aliis prius fuerit feofatus sive posterius cùm Rex parem non habeat nec superiorem in regno suo i. e. If an Heir holdeth land of our Lord the King whether he hath other Lords or not our Lord the King shall have the wardship of the heir whether the heir were first or last infeoffed by others because the King hath no equal or superiour in his Kingdom The law is the same as well for whole Societies Incorporated and collective bodies as for Particular men if a man should make the two houses his heir leaving them lands holden of them by Knights service if the same persons held also of the King in capite by Knights service the King alone should have the wardship and custody of the heir and land though first infeoffed by the others and the reason in law of this prelation is saith Bracton and Glanvil because the King hath neither equall nor Superiour By the common law there lieth no action or writ against the King but in case he seiseth his subjects lands 21. H. 7.2 or taketh away their goods having no title or order of law petition is all the remedy the subject hath Stanford in his exposition of the Kings Prerogative c. 22. and this petition is called a petition of right The reason which is
Rex quid dig ne tant a benig nitati compenset secum studiose pertractat I andem Divina inspirante Gratia consilium inivit salubre et in die crastina scolam Anglorum que tunc Romae floruit ingressus Dedit ibi ex Regali munificentia ad sustentationem Gentis Regni sui illuc venientis singulos argenteos de familiis singulis omnibus in posterum diebus singulis annis Quibus videlicet sors tantum contulit extra domos in pascius ut trig inta argenteorum pretium excederet Hoc autem per totam suam ditionem teneri in perpetuum constituit excepta tota terra Sancti Albani suo Monasterio bonferenda prout postea coliata privilegia protestantur i. e. The King hearing this considered with himself how he might recompence so great a courtesie at last by Divine Inspiration very Sound counsell was suggested unto him and going the next day into the English School that then flourished at Rome he gave to the sustentation of such as should come thither out of his own Kingdome a penny to be paid yearly for ever out of every family by all whose goods in the field exceeded the value of thirty pence And this he made a perpetuall constitution throughout all his dominions excepting onely the lands that were to be conferred upon the Monastery of Saint Albane as the priviledges afterwards granted doe witnesse This law continued a long time in force yet I find it not confirmed by act of Parliament either in his owne or in the reigns of his successours I find onely in the lawes of some Kings as of King Edgar and King Edward a strict provision made for the payment thereof L. 4. because it was the Kings Almes which reason doth imply that it was not given by the whole Kingdome in Parliament L. 10. but by the King alone But yet in those times laws were made commonly by the approbation and consent of the Nobles Archbishops and Bishops in a publike Synode or Parliament Sometimes the Queen was present sometimes the inferiour Clergie and sometimes also the Commons but that happened very seldome I have seen divers Charters both in the Saxon and Latine tongue granted to Churches and Monasteries confirmed by act of Parliament and attested by the Members of the same yet amongst them all I have not seen so much as one whereunto the assent or name of any of the Commons is subscribed I will here insert one for example sake granted to the Monastery of Saint Albane by Ecgfride Son of Offa because it is but short Auctar. add tament fol. 239 240. and extant in the last Edition of Matthew Paris where any one that please may see both that and divers others of like nature Ego Ecgfridus gratia Dei Rex Merciorum anno Dominicae incarnation is septingentesimo nonagasimo sexto Indictione quarta primo vero anno Regni nostri terram X. manentium nomino Thyrefeld cum terminis suis Domino meo Jesu Christo ejus pretioso Marteri Albano liberaliter eternaliter cum consensu testimonio optimatum meorum in jus Monasteriale pro anima mâ—a parentum meorum devotissimetribuo libenter concedi Sitque praedicta terra ab omui terrenae servitutis jugo semper aliena atque eadem libertate sit libera qua caeterae terrae Monesterii beati Albani conscriptae atque concessae sunt à glorioso Offa genitore meo †Ego Cynedrid Regina consensi †Ego Vnwona Episcopus †Ego Weohthunus Episcopus †Ego Beona Abbas †Ego Elfhun Episcopus †Ego Brorda Dux †Ego Wigbertus Dux †Ego Wicga Dux †Ego Cutbertus Dux †Ego Ethelheardus Archiepiscopus cons †Ego Eobing Dux †Ego Forthred Abbas †Ego Sighere filius Siger †Ego Esne Dux †Ego Cydda Dux †Ego Winbertus Dux †Ego Heardbertus Dux †Ego Brorda Dux Conscriptus est autem hic liber in loco qui dicitur Chelcyd in Synodo publico That is I Ecgfride by the grace of God King of the Mercians in the year of our Lord seven hundred ninety six in the fourth Indiction and first year of our reign do give grant for my own soul and the souls of my Ancestors with the assent and restimony of my Nobles ten Hydes of Land called Tyrefeld with the Bounds thereof unto the Monastery of Saint Albane and I exempt the said Lands from all Services and make them free with the same freedome which was granted to the rest of the Lands of the same Monastery by Offa our father of glorious memory This Charter was written at Chelehyd in a publike Synod By this Charter it is evident that Parliaments were holden in those times without the Commons for whereas it is specified by the King that the abovesaid lands were given cum consensu testimonio optimatum his meaning is that his grant was confirmed by the assent and testimony of Parliament and yet the word Optimates cannot be extended to the Commons neither was his grant confirmed by their testimony In the prefaces likewise of divers Saxon Lawes set out by Mr. Lambart the persons are expressed by whose counsell and assent the said Laws were enacted yet except only in the preface of King Inas Lawes there is no mention at all made of the Commons but several Kings made most of those Lawes by the advice and consent of their Bishops and wise men which were no other then their Privy Counsel Mr. Lambart in his Archaion affirmeth them to be the Nobility and Commons and to support his opinion he alleadgeth a passage out of the Preface of the Lawes of King Elfred which is neither material nor saithfully cited for there is no such passage to be found in that Preface But to make his errour apparent I shall need no other testimonies then two precedents mentioned by himself the first is of a Parliament holden by Edwin K. of Northumberland the second of a Parliament holden by Segebert K. of the East Saxons whereunto they called their friends and their wise men for Edwine being instigated by Paulinus to imbrace the Christian religion Beda Hist Eccles lib. 2. cap. 13. answered 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 habban that he would speak with his friends and with his wise men in Parliament which he did accordingly and by their assent himself his whole Nobility and a great parr of the Commons were baptized In like manner Sigebert held a Parliament whereunto he called his friends and his wise men upon the like occasion Beda Eccles Hist lib. 3. cap. 22. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Then he held a Parliament with his wise men and friends and by their advice did and consent received the Christian faith From this I gather that their wise men could not be their Nobility and Commons as Mr. Lambart supposeth if Parliaments had
been then so moulded as they are at this this time for all their friends must needs be contained under one of those degrees and in case his supposition were true should not have been distinguished from their wise men which in all good construction they must for the words do evidently imply that besides their wise men they called such other of their friends as they thought by reason of their prudence or power and prevalency with the people were most like to assist them and further their designs But whosoever their wise men were although they were frequently called yet they were not all of them called alwayes to make laws for in the time of Ethelstane divers Lawes were made by the Counsel and assent of the Clergy alone which we find amongst his other laws Ic 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 minum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 binnon mine 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mina 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mina 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. i. e. I Ethelstane K. signifie to all my Governours within my Kingdome that by the advice of Wulfhelmus my Arch-bishop and all my other Bishops and servants of God for the forgivenesse of my sins I have ordained c. And although lawes were frequently made Polydor. Virgil. lib. 11. Hist and Parliaments holden in the Reigns of the Saxon Kings yet the people had been so seldome called to such conventions in the time of Henry the first that Polydore Virgil saith that institution may seem to have sprung from him At illud appositè habeo dicere Reges ante haec tempora non consuevisse populi conventum consultandi cansa nisi perraro facere adeo ut ab Henrico id institutum jure manasse dici possit i. e. But this I can speak appositively that Kings before these times were not accustomed except very seldome to call the people to their consultations so that this institution may be said to have had its first beginning from King Henry This is certain the House of Commons hath been accustomed now a long time to give their consent in making Lawes but how long is not certain their opinion is most likely which think this custome began to take place about the time of Edward the first For there are probable reasons which confirme that Laws were made without the Concurrence of the Commons long after the time of the abovesaid Henry the first who although he did call them more frequently then any of his predecessors had done yet he did not bind himself to make laws alwayes by their assent But because it would requite anintire treatise to speak sufficiently of this subject and because it can no way prejudice the cause in hand if we grant Parliaments as they are now molded to be by fundamental agreement seeing the K. by the laws of the land and the said sundamental agreement is invested as hath been shewed with all the rights of Soverainty I will lay by many advantages and omit many reasons and passages which I could alledge touching this matter Sixthly if the Nobility and people be then and only then coordinate with the King when they are in their site relation order and union in Parliament as the fuller Answerer affirmeth in time of Parliament the Kingdome should be a Head without a Body For if the King be part of the Head and the whole Nobility part of the Head and all the people part of the Head too where is the Body And on the other side in the vacancy of Parliaments the Kingdome should be a body without a Head For if the Nobility and people be only coordinate when they are in their site relation order and union in Parliament after a Parliament be broken up where is the Head For as the preservation of the whole consist in the order and union of its parts so the dissolution of it followeth their seperation and divorce If this opinion then were true the Common-wealth should be a strange deformed Monster for in time of Parliament when all the Body were a Head it should be monstrous by too much perfection and our of Parliament when two parts of the Head were fallen into the Body it should be monstrous by too little In both cases it should want that beauty and comlinesse which consists in the harmony and proportion of several parts Seventhly if we descend into particulars we shall find Parliaments to be so molded that their frame and composition rendereth the two houses an unmeet subject for supreamacy for the Militia the power of making warre or peace with forrain princes and most of the other rights of Soveraigntie require a subject perpetually existent many occasionall accidents may arise that may call for present and sudden use of the supreame power for which there can be no provision made by bodies not existent Lastly if the people collectively taken be Supreme and above their King there should be in every Kingdome of the world many Millions of Kings namely All the Subjects and these many Millions of Kings should have but one Subject amongst them all namely Their King I could adde much more both from the statutes Common law and reason as well concerning the Kings Supremacy in general as concerning the particular rights of Soveraignty But I presume that which hath been said is more then sufficient not only to satisfie all that are indifferent and neutral but to convince those that are most interessed who shall not easily find shifts and distinctions plausible enough to illude such clear testimonies of law But God only is able to change their hearts and to make such impressions there as can cause them to repent and turn from their evil wayes I shall pray continually he would do it as well in regard of the peace and happinesse of the Kingdome as of their own salvation which I cannot otherwise hope they should obtain For whatsoever deceives them and bears up their spirits for a time repentance at last if God give them grace will prove their best fortune CHAP. VII Divers Objections made by the pretended House answered The Kings Supremacy shewed to be in His Person not in His Courts THE Kings Supremacy being made apparent I shall now proceed to answer their objections which yet are of that nature that they deserve more to be contemned then answered for in stead of Law they alleadge Bedas axioms their own fancies and such other impertinencies as one would think should sooner move a man to laughter then to be of their opinion But because they shall not complain that their objections are concealed and because in answering them I shall further confirm the Kings Supremacy I will bring them all in order not suppressing or omitting any thing that hath but the face of an objection how slight and impertinent soever I will begin with that which is alleadged by them in several declarations the summe and substance whereof is that which followeth Object 1 The Kings Supremacy is meant in curia non in Camera in
Promitto The word Elegerit they say may and ought to be taken in the future tense and doth obleige the King to agree to all acts that shall be thought convenient by the Houses And to confirm this they alledge a Heraulds Book wherein they say the Oath is found so Englished They alledge also an ancient French Form wherein they say it is so taken The Form is this Sire grantes vous a tener garder les leis customes naturelles les quels la communaute de vostre Royaume aur ' eslue les defenderer efforceeer a l' honeur de Dieu a vostre poiare Resp je le grante promitte Reply In all the authentical Records of the Exchequer the word Elegerit is Englished in the Preterperfect tense and not in the future tense proposing no more unto the King but that he would uphold and maintain the Lawes and Customes only which are actually then in use when he taketh the said Oath not such as shall be offered him by the Houses The words in the oath taken by his Majesty following the usual presidents were these BISHOP Sir will you grant to hold and keep the Lawes and rightful Customes which the Commonalty of this your Kingdome have and will you uphold them to the honour of God so much as in you lyeth KING I grant and promise so to doe The ancient Oath which is upon record used in the time of Henry the eight in whose reign they say the Herauld whose Book they speak of lived was this That he shall keep and maintain the Liberties of the Holy Church Book of Oath Fol. 1. of old time granted by the righteous Kings of England and that he shall keep all the Lands honours and dignities righteous and free of the Crown of England in all manner holy without any manner of minishments and the rights of the Crown hurt decay or losse to his power shall call again into the ancient estate and that he shall keep the peace of the holy Church and of the Clergy and of the people with good accord and that he shall do in his judgement equity and right justice with discretion and mercy and that he shall grant to hold the Lawes and Customes of the Realm and to his power keep them and affirm them which the flock and people have chosen and the evil Laws and Customes wholly to put out and stedfast and stable peace to the people of his Realm keep and cause to be kept to his power As for the French Form I cannot but wonder they should alledge it for it doth manifestly contradict that which they say and indevour to prove by it word for word it is thus to be rendered in English Sir do you grant to hold and keep the rightful Laws and Customes which the Commonalty of your Reaelm shall have chosen and to defend them and give them force to your power Answ I grant and promise it Who is there that understands the French Tongue which sees not that these words aur ' eslue shall have chosen which are put in the future tense can have reference to no other Lawes and Customes but those only which the Commonalty shall have chosen when the King taketh the Oath for the Form should have run thus quels la Communaute de vostre Royaume eslirà that is which the Commonalty of your Realm shall choose if Laws which were afterwards to be made had been intended in the Oath But let it be granted that Elegerit ought to be taken is the future tense yet leges consuetudines cannot relate to the Laws which shall be presented to the King by the two Houses in Parliament for the word vulgus cannot be applyed to the Lords Yet let that also be given them the Oath binds him to protect and corroborate only just Lawes not all which they shall say are just for it is evident whether Elegerit be taken in the preter perfect tense or in the future tense that by justas leges consuetudines it is implied that he is not bound to protect and corroborate all Laws and Customes but only those which are just whereof he himself assisted by his Justices and Council at Law who ought to inform him were he wanteth information is to be the Judge To conclude let the word Elegerit and all the other words signifie what they please it is not much important to their cause for the said Latin Form was never used to be taken In the time of Henry the third the Kings Oath contained only these three things Bracton l. 3. Cap. 9. 1. Se esse praecepturum pro viribus opem impensurum ut Ecclesiae Dei omni populo Christiano vera pax omni suo tempore observetur 2. Ut rapacitates omnes iniquitates omnibus gradibus interdicat 3. Vt in omnibus judiciis aequitatem praecipiat misericordiam In later times the English Form above mentioned without any alteration importing their sense hath been used to be taken many ages together Now if they could shew which I believe they cannot that divers Kings have taken the Latin Form they speak of yet that is not sufficient to prove a Custome seeing the practise was formerly and is at the present otherwise Object 3 Thirdly some infer that the King hath not a power of dissenting from the usual answer which he giveth when he refuseth to passe a Bill Le Roy s'adviserâ wherein they say he doth not peremptorily deny his assent but only craveth time to deliberate upon it Reply To what purpose should he crave time to deliberate about that which cannot be avoided there is no consultation to be used de necessariis Yet he may answer otherwise if he please a Judge Jenkins Fol. 32. Roy ne veult or b Hollinsh vol. 1. Fol. 108. il ne plaist are usuall forms as well as that Object 4 Fourthly they alledge Presidents The Militia and the chief Officers of the Kingdome they say have been disposed of in Parliament Reply If I should give a particular Answer to all their Presidents I should weary the Reader with such impertinencies sometimes they alledge a seditious speech of some of the Members for an Act of Parliament sometimes they say such or such a thing was done by Act of Parliament and and cite an Authour in the margin whereas no such thing is to be found in the said Authour Sometimes they urge a President wherein the Houses denied to give the King such subsidies and assistance as he required to his wars because the said wars were undertaken without their assent and conclude from thence that the power of making war and treating with forain states belong to the two Houses when the reason of their deniall was the miscarriages of the war and the mis-imployment of former subsidies not that they challenged the power of making war or treating with forrain states to pertain unto them They thought it would have been more
greatest enemies to justice are set up in their places some are bereft of their estates others are driven out of the Kingdome and forced to seek a forraign ayre where they may breath more freely then in their own The whole Nobility Clergy Commonalty walk desolately mournfully up and down being no more like the men they were then the skinnes of sacrificed beasts are like their living bodies And after all these indignities offered to the King and people they endevour contrary to the lawes to alter the government and to pull up the very foundation of the Kingdome calling their new frame and structure a Free Estate and themselves the keepers of the freedome of England Thus having guilt over this Idol of their own fancy they force all men to fall down and worship it they whose vertue oblige them to refuse are cast into a furnace hotter then that of Babylon Seeing the body of the Kingdome devoured thus to the very entrails I could not withont horrour behold such a miserable carkasse so rent and torn in every part nor could I satisfie mine own conscience if I should not endevour according to my poor abilities to oppose the rage and sury of these men which are grown so fat with the blood and spoile of others My intention therefore is reserving matters of fact to speak here of matters of right and to shew the injustice of their cause and discover the falshood of all those Principles whereby they endevour to justifie their proceedings not doubting but I shall so far convince the understanding of all those that shall read this insuing discourse that they shall not hereafter enter into any combination with the rebels or continue with them in them in case they be already engaged except their hearts be hardened so far as they dare act in matters of such concernment contrary to their consciences The Principles and grounds whereby they endevour to justifie this present war against the King are two First they say that it is lawful for the people to resist their soveraign and supreme governours by force of arms in case they be Tyrants and bent to subvert the laws and religion established or by illegal proceedings invade the lives estates or liberties of their subjects But there is some disagreement amongst them in the restriction and limitation of their Principle for some give free scope and liberty to all private persons to resist and with their swords in their hands to defend their lives and estates against the unjust invasion of all Kings and governours whatsoever Others do a little stint the people and limit the bounds of resistence permitting none to have that power but subordinate Magistrates or the people collectively taken and their subsistutes in Parliament Yet these content themselves with the same particular instances brought by others alledging little besides particular examples as the example of David who as they say would have resisted Saul if occasion had been offered The example of the Priests who as they say assaulted Uzziah and such like examples of particular men which were neither the people collectively taken nor their substitutes in Parliament nor yet the greater part subordinate Magistrates But some have thought upon an other way how to make good their rebellion confessing the former assertion to tend directly to the ruine and subversion of government and to be also contrary to the law of God these proceed upon another Principle namely that supreme jurisdiction belongs to the people the King they say is major singulis but minor universis greater and hath more authority then any one of his subjects taken by retaile but taken in the gross his subjects are greater and have more authority then he and these agree altogether in this that they teach all authority to be originally in the people tanquam in primo subjecto creato as in the first subject immediately under God and from them translated to Magistrates Yet these are also divided amongst themselves about the extent latitude of the power that may be translated for some of them say that the rights of soveraignity belong to the people by the law of nature and are so essential to them that they cannot be seperated or divided from them they cannot be taken away by conquest they cannot part with them by consent but under what form of government soever they live by what means soever established and set up they have still reserved in them a supreme jurisdiction over all Magistrates by which they are authorised to give a legal judgment upon all their actions and to resume again their whole authority when they shall see occasion making a circle in government and granting a power in Magistrates to judge and govern the people and also in the people to judge and govern their Magistrates Others on the contrary side say that the people may lose the rights of soveraignty by conquest or part with them by consent so that they shall not reserve to themselves supreme jurisdiction over their Magistrates to judge juridically whether their actions be legal or illegal but the people of England they say have not de facto parted with their authority in such a full degree but are supreme by the laws of the land or at least coordinate with the King for at the first coalition of the government by paction and agreement made with the King they reserved to themselves a part in the rights of soveraignty which they still hold by law This is their other Principle as destructive to government as the former and the authors and maintainers of them both agree well enough in their end that is to stir up the people to rebellion only they of the first rank would perswade them they may lawfully do it by way of self preservation and they of the second by way of jurisdiction I intend now by Gods assistance to examine these mischievous Principles and to discover as well the falsity of them as the dangerous consequences that flow from them which I hope to perform with such clearness and evidence that the most harc-brain'd sectaries amongst them shall be convinced if they will but read that which shall be alledged against them Now that I may proceed in opening and clearing the truth with the better method I will divide the matter I am to handle into two parts In the first part I will speak of Supremacy and here I will shew that the King alone is the only supreme head and governour of the Kingdom of Englan and that all the people and their deputies in Parliament as well collectively taken as severally are his subjects and not coordinate with him In the second part I will speak of Resistance and there I will shew that the supreme Magistrates and governours of any Kingdom or Commonwealth may not by their subjects be resisted by force of armes upon pretence of tyranny or misdemeanour or upon any other cause or pretence whatsoever I will begin with Supremacy because they endevour now
words seeing that all authority of jurisdiction Spiritual and Temporal is derived and deducted from the Kings Majesty as Supreme head of these Churches and Realms of England and Ireland do clearly intimate the two houses to have no authority radically in themselves and to be no way coordinate with the Kings Majesty in the rights of soveraignty For conclusion of this Chapter I will add one Act more made in the first year of King James wherein the two houses of Parliament collectively taken made an humble recognition of their faith and obedience to him We your most humble and loyal Subjects the Lords Spiritual and Temporal and the Commons in this present Parliament assembled do from the bottome of our hearts yield to the Divine Majesty all humble thanks and praises not onely for the said inestimable benefit and blessings above mentioned but also that he hath further inriched your Highness with a most Royal progeny of most rare excellent gifts and forwardness and in his goodness is like to encrease the happy number of them and in most humble and lowly manner do beseech your most excellent Majesty that as a memorial to all posterities amongst the records of your high court of Parliament for ever to endure of our loyalty obedience and hearty and humble affection it may be published and declared in this high court of Parliament and enacted by authority of the same that we being bounden thereunto both by the laws of God and man do recognize and acknowledge and thereby express our unspeakable joys that immediately upon the dissolution and decease of Elizabeth late Queen of England the imperial crown of the Realm of England and of the Kingdomes Dominions and Rights belonging to the same did by inherent birthright and lawful and undoubted possession descend and come to your most excellent Majesty as being lineally justly and lawfully next and sole heir of the blood Royal of this Realm as is aforesaid and that by the goodness of Almighty God and lawful right of discent under one imperial crown your Majesty is of the Kingdomes of England Scotland France and Ireland the most potent and mighty King and by Gods goodness more able to protect and govern us your loving subjects in all peace and plenty then any of your noble Progenitors And thereunto we most humbly and faithfully do submit and oblige our selves our heirs and posterities for ever until the last drop of our bloods be spent And do beseech your Majesty to accept the same as the first fruits of this high court of Parliament of our loyalty and faith to your Majesty and your Royal progeny and posterity for ever This is a far different strain from that which the present pretended Parliament have used to his Majesty who although bound both by oath and duty to have been as respectful and obedient towards him yet have they themselves after many insolences cōmitted against his person most audaciously and unadvisedly taken away his life and procured others by defamatory libels to blast his credit who according to the trust reposed in them cease not to traduce him and by malicious aspersions to stain his chiefest vertues creeping like Snailes over the sweetest flowers and leaving behind them their slime and filthiness CHAP. III. The Kings supremacy in particular shewed by the Statutes of the Land THe Kings supremacy in general being thus confirmed by several Acts of Parliament I will now descend into particulars and shew his Majesty to be legally invested with all the particular rights of soveraignty I will beginne with the Militia which is a right so essential to Majesty that it can not nor ought not to be separated from it For Majesty consists not in a bare and empty title but in the rights of soveraignty which he cannot be said to possesse who wants the Sword to protect the Scepter It was confessed by the pretended Parliament at the beginning of these dissentions that the Militia by right pertained to his Majesty and therefore at the first they laboured to have it assigned to them by his own assent but he opposing their unjust desires as knowing both his own and the ruin of his posterity would be the necessary consequences of such a grant they resolved seeing they could not gain it by surrender to take it by assault and assisted by men of like natures and inclinations they seised upon his Majesties forts and Magazins and have since exercised an arbitary and tyrannical power over the lives and estates of all that pleased them not and none could ever please them but such as are of the same humour and disposition with themselves I must confess I am amazed when I consider how confidently and desperately they have carried on their designs in a case so contrary to law and justice for they could not have begun a war or contested with his Majesty about a matter more clear then that of the Militia which is a right so inherent in the crown setled upon it by the fundamental Laws of the Land and confirmed by so many several acts of Parliament that although the pretended Parliamentarians have a great dextetity in coyning distinctions to elude the laws yet they will not easily coyn such as shall serve their turn in this particular In the seventh year of Edward the first a Statute was made to injoyn all men to go to Parliaments Treatises and general Assemblies without force and armes wherein the Kings power over the Militia is acknowledged The King to the justices of his bench sendeth greeteng Whereas of late before certain persons deputed to treat upon sundry debates had between us and certain great men of our Realm amongst other things it was accorded that in our next Parliament after provision shall be made by us and the common assent of the Prelates Earls and Barons that in all Parliaments Treaties and other Assemblies which should be made in the Realm of England for ever that every man shall come without all force and armour well and peaceably to the honour of us and the peace of us and our Realm And now in our next Parliament at Westminster after the said Treatise the Prelates Earls Barons and the Commonalty of our Realm there assembled to take advice of this business have said that to us it belongeth and our part is through our Royal seigniory straitly to defend force of armour and all other force against our peace at all times when it shall please us and to punish them which shall do contrary according to our laws and usages of our Realm and hereunto they are bound to aid us as their Soveraign Lord at all seasons when need shall be We command ye that ye cause these things to be read afore you in the said bench and there to be inrolled Given at Westminster the thirtieth day of October In another Statute made the eleventh year of Henry the seventh it is declared that all subjects of the Realm but especially those that have by the King any
is it may be inherent in his own Person and yet be in others too as the light of the Sun is inherent in its own body and yet multiplyed and diffused through the world Now when it is separated from him after that manner it is commonly called their authority to whom it is committed because they are the seat and subject of it That light which the Stares derive from the Sun is usually called the light of the Stars and the Stars are said by the means thereof to concurre with the Sun and to have a causality and operation upon inferiour bodies it is no impropriety to say The light of the Sun and the light of the Stars inlightneth all the world although the light of the Stars be derived from the Sun But secondly what if it be granted that the Lords and Commons have authority of their own distinct from the Kings authority To speak my own opinion freely I think they have a distinct authority I mean not Supreme authority but an authority derived from the King yet distinct from his He that hath but a delegate power if it be committed to him for term of years term of life or perpetuity he doth by such a grant acquire an estate in the said power and an authority distinct from his that gave it him As in an Estate of lands wherein a man hath a perpetuall right in fee simple or in fee taile his right is distinguished from the Kings right of whom he holds it the King having the demeane of the Land and the other the demeane of the Fee so it is in an estate of power and authority if the King granteth an estate of power authority and jurisdiction in fee simple or in fee taile for term of years term of life or perpetuity their rights in the said authority are distinct the King hath the demean of the Power the other the demean of the use the King hath Dominium directum the other Dominum utile And this is the present case the Legislative power is wholely and intirely the Kings yet the Lords and Commons have a perpetual right in the use and exercise of some part thereof so that the King cannot actually make a law except they will also use the authority committed to them it being in their power to assent or not assent to use or not to use the said authority There is an authority then in the Lords and Commons distinct from the Kings authority which must necessarily be put forth in the making of lawes yet not supreme but subordinate to the King derived from him and depending upon him But this is more then can be forced out of the foresaid clause and I think more then is intended in it Object 4 Fourthly that Monarchy in which three estates are constituted to the end that the power of the one should moderate and restrain from excesse the power of the other is mixed in the root and essence of it but such is this as is confessed in the answer to the said propositions Reply The Antecedent and Consequent are both false The erection of Courts wherein the Judges have authority to proceed according to law notwhitstanding the personall and arbitrary Commands of the King hath alwayes been esteemed a strong and effectuall means to restrain and moderate the excesses of Monarchie Yet the Judges cannot be inferred from hence to be coordinate with the King in the rights of Soveraigntie or to have a mixed power with him in the Government of the Kingdome But the Consequent hath neither apparence nor shadow of truth Parliaments were ordained that the other estates might consult with the King about the weighty affairs of the Kingdome as often as he thought it needfull and agree to such laws as should be found profitable and expedient not that they should quarrell and contest with him It is true the two Houses do for the most part in time of Parliament gain an opportunity to have grievances redressed because they may otherwise deny the King the assistance he desire but they have no authority radically in themselves to redresse them or to restrain and moderate his excesses by force of armes nor were they constituted for that end If it should be granted that Parliaments are by originall constitution and agreement and that the People have alwayes given what lawes they pleased to the Conquerour as often as the Crown hath been obtained by conquest yet in probability they could have no such end as this Treatiser imagineth or to abuse the people seemeth to imagine had they purposed the three estates should moderate the excesses of one another in Parliaments they would never have granted the King authority to dissolve them at his pleasure whereby he might easily avoyd and frustrate their intention Besides Parliaments are so tempered as it is imposible to attain to that end by such a mixture one of the estates or any two of them having no authority to make an act of Parliament without the third which way can they moderate the excesses of one another by such acts further then the exorbitant estate shall be willing to be moderated Nor doth his Majesty as he imputeth to him any where confesse that three estates are constituted in this Monarchie to the end that the power of one should moderate and restrain from excesse the power of the other he should therefore have cited his words that the Reader might have judged of their sense These are the objections brought by the Author of the Treatise of Monarchy which are partly taken out of the fuller Answerer and partly invented by himself In answering them to avoyd needlesse Controversies I have granted that a mixed form of government is possible although I be not ignorant that a mixed government is but the invention of later times and reputed impossible by authors of chiefest note I have admitted also that the King the Nobility and Commons are the three estates of Parliament although I know this contrary to the Statutes wherein the three Estates of Parliament are declared to be the Clergy the Nobility and the Commons I have insisted the longer upon these Objections because the Author of the foresaid Treatise is esteemed by some the chief Advocate of that side I intend not to derogate from the Author who I presume would have written more substantially had the case been capable of defence yet if a man may guesse at his humour by that Treatise he seemeth to be much more inclined to assert new principles then to shew reasons how they should be maintained That he might illude the Laws wherein the government of England is declared Monarchical he layeth down divers positions to this effect that where a transcendent interest Part 1. cap. 4. or primity of share is in one man it is sufficient to constitute a Monarchy although the other estates have their shares also in the rights of Soveraignty and supreme Authority but he doth not so much as offer to prove this either by law or
convenient for the better carrying on of the war at that time if the King had undertaken and managed it by their advice and assent but claimed no right in the said power But supposing all that they say true and all their Presidents pertinent I shall make these two generall Answers first I say that if the King as in conscience he was bound did at the request of the Houses discharge divers corrupt Officers and substitute others into their places or if upon just reasons and motives in the vacancy of an office he disposed of it by the assent and approbation of the two Houses or ordered his war by their advice and direction or if the two Houses had challenged such a power as is pretended this doth not argue them to have a right in the Election of the said Officers or that the carriage and conduct of the war depended upon their assent it might be in the King a free and voluntary Act of grace not an obligation of law or he might doe it out of politique respects to have their concurrence in some other matter for although He cannot be forced by law to grant all their desires yet in wisdome policy and conscience He ought to yeild unto them when their desires are just legall and Prudentiall it hath ever been dammageable to the King and for the most part to the Kingdome also when differences between himself and his two Houses have not been fairely appeased Secondly I say that if they were able to alledge an act of Parliament wherein such a Right were placed in them such acts by the common Law of the Land were voyd for the Rights of the Crown are settled upon it by the fundamentall Lawes as hath been shewed and cannot be separated by Act of Parliament These are all the Objections which could without violence be referred to this place The rest which depend not upon Law shall be answered in the other Questions if any thing be omitted that seemeth to justify their cause let any man undertake to answer me and give me notice of it and I doubt not but I shall be able through the assistance of God to make a full and satisfactory reply unto him And this I shall desire of my Adversary that when he maketh use of any authority he would cite the words at large as I my self have done in all materiall points and not make references onely in the margent that the Reader may judge of the scope and intention thereof and be able to discern which of us dealeth faithfully and which of us ingaged by faction strive to elude the Lawes and wrest them from their genuine and native sence And thus by the Grace and Mercy of God I have in part discharged my Conscience being bound by all the bonds both of divine and humane lawes to oppose and withstand as far as I am able the false doctrine and principles which Wolves in Sheeps Clothing indeavour dayly to infuse into mens minds I shall easily avoyd I presume the usuall calumny incident to those which write upon this Subject as namely that under the pretext of promoting the Apostles doctrine of obedience they intend by flattering Princes to promote their own private interest I would to God the condition of his Majesty and the Kingdome were such as they might have some colur to lay that imputation upon me But I am not ignorant that I might soone have advanced my own interest by adoring the pretended Parliament who dispose of all mens estates and fortunes at their pleasure pretending as much right to all his Majesties Kingdomes and to all the power and glory thereof as the Divell did to all the Kingdomes of the world For that Luk. 4.6 say the Members is delivered unto us and to whomsoever we will we give it And I know they use to distribute their favours liberally to those that will fall down and worship them But how poor soever my condition is I have no inclination to buy my interest at so dear a rate I had rather perish in the performance of my duty then be confederate to their Sacriledge and other Impieties or not render my country that service which I owe it for whose liberty I would willingly Sacrifice not onely my own interest but my Life I should be no good English-man if I did not desire a better subject to discourse upon then the miseries of the Kingdome and if by being silent and turning a way mine eyes I could help to quench the Flame that audacious and factious Spirits have kindled in it I should have abstained from writing at this time But the Danger and miserable condition thereof calls for action to all those which had not rather see all things managed according to the appetit of those Incendianies and Firebrands of the Common-wealth then hazard themselves and their own interest for the Rights and Liberties of the Kingdome I could wish that all whom it concerns would seriously consider that the Fat and Riches of the the Land was the Patrimony and Inheritance of their Ancestours and may be of their Posterity if their own feares and negligence gives it not their enemies I could wish also that the pretended Parliamentarians would seriously consider their own condition whom I esteem of all men most miserable To speak my desires I wish unfainedly the Salvation of them all but to speak my thougths I conceive more hopes of the honest Heathen then of any man that shall dye a Rebell or not make Restitution of all that he hath gained by oppression and injustice Soli DEO Gloria FINIS