THE Kings Supremacy ASSERTED OR A REMONSTRANCE OF The Kings Right AGAINST The PRETENDED PARLIAMENT By ROBERT SHERINGHAM M.A. and Fellow of Gunvill and Caius-Colledge in Cambridge C R HONI SOIT QVI MAL Y PENSE Printed formerly in Holland and now Reprinted by W. Godbid and are to be sold by Richard Skelton and Richard Head at 〈…〉 TO HIS MOST EXCELLENT MAJESTIE CHARLES II. By the Grace of God KING of England Scotland c. Defender Of the Faith Most Gracious and Dreadfull Soveraign THE Pretended Parliament of England having their Agents lately in the Low Countryes treating with the United Provinces about conditions of an offensive and defensive war my resolution was to have set out this Remonstrance in the Dutch tongue for the satisfaction of those Provinces but the treaty ended almost as soone as I began to actuate my resolution whereupon I altered my purpose and have now set it out in English for the satisfaction of your own Subjects hoping the truth being here clearly illustrated may have some effect upon their Consciences which cannot but have great sway over them in ordering and directing their Actions Experience teacheth that most men act lesse boldly and resolutley especially where their lives must be engaged when they act against their Conscience then when they are perswaded of the lawfullnesse and justice of their cause There hath been more blood spilt by civill war in your Majesties dominions within the space of ten years since those pernicious principles touching the Supremacy of the People and lawfulnesse of resistance have been instilled into mens mindes by some who fetched their doctrine from Hell to furnish the world with tragedies then formerly in an Hundred I conceive the nearest and readiest way to reform such un-christian practises is to reform the Conscience although I deny not but more sharp and violent remedies must also be applyed for some have lost all sense of Conscience whom your Majesty I hope assisted by the almighty providence of God shall reform by the Sword This is that which Religion calls for at your hands now oppressed by such a multitude and confused swarm of Sectaries that I should think it impossible for so many men of severall Religions to live together in unitie did not the Likenesse of their Nature and Manners reconcile their affections as much as their differences in Religion can alienate and estrange them And this is that which all your faithfull Subjects pray for who desire nothing more in this world then to see your Majesty seated in your Royall Throne and able to protect them from the insolencies of the Rebells who make their will their law disposing as freely of mens lives and fortunes as if they had created them and given them their Being It is a rule in Opticks when a dark body is greater then a light to which it is directly opposed it casteth a shadow in infinitum Such a shadow if the continent were capable of an infinite shadow will the dark body of the Rebells cast upon the Kingdome of England whilst it is interposed between your Majesty and your loyall Subjects depriving them both of your favourable Aspect and of your Light and Influence without which they can look for nothing but a continuation of their present miseries for should the Rebells prevaile and prosper in their designes what else can be expected but that which is wrested from others by Force and Violence should be maintained by Tyranny and Injustice But whilst they wade in blood to places of preferment and command the Lord shall overthrew them in the middest of their course as he overthrew the Aegyptians in the Red-sea I usurp not the name of a Prophet but I speak as one believing God to be a faithfull observer of his promises He will not always be deafe to the prayers and complaints of those that are oppressed but send them diliverance in his due time and supply your Majesty with all things necessary both to vindicate your own Rights and free your People from their oppression THE CONTENTS AN INTRODVCTION The beginning rayse and progresse of the Rebellion raysed by the pretended Parliament The Principles whereby they endevour to justifie their proceedings The Questions that shall be discussed THE FIRST QUESTION Whether the people and their Deputies in Parliament be Supreme and above the King or coordinate with him by the Lawes of the Land CHAP. I. The State of the Question explained CHAP. II. The Kings Supremacy in generall shewed by the Statutes of the Land CHAP. III. The Kings Supremacy in particular shewed by the Statutes of the Land CHAP. IV. The Kings Supremacy in generall shewed by the Common Law That the English Monarchy is susceptible of no alteration That fundamentall Laws ought not to be changed CHAP. V. The Kings Supremacy in particular shewed by the Common Law CHAP. VI. The Kings Supremacy both in generall and particular shewed by Reasons depending upon the Lawes and Customes of the Land CHAP. VII Divers objections made by the pretended House answered The Kings Supremacy shewed to be in his Person not in his Courts CHAP. VIII Divers generall objections made by the Authour of the treatise of Monarchy touching the limitation and mixture of the English Monarchy and coordination of the two Houses answered The nature of absolute limited and mixed Government explained CHAP. IX Divers generall objections taken from the testimony of his Majesty Bracton and Fortescue together with the Presidents of Edward the second and Richard the second answered CHAP. X. Objections made against the Kings Supremacy in particular by Mr. Bridge the Reverent Divines and Other answered AN INTRODUCTION The Beginning Rayse and Progresse of the Rebellion raised by the pretended Parliament The Principles whereby they endevour to justifie their proceedings The Questions that shall be discussed I Look upon the government of England if the Laws might be restored to their ancient dignity and authority as inferiour to none in the world Parliaments whilst the King and Parliament have acted in their several spheres not invaded the rights and priviledges of one another have alwayes been the surest means under God to unite their affections together and to prevent those dangers which by their mutual discord must of necessity have ruined both Some are so rash as to affirm that all Transactions Negotiations and accords between Kings and Subjects ought to be interdicted not onely depriving subjects of the light and favours which they should receive from their Prince but Princes also of many commodities which they may receive by capitulating with their subjects in Parliaments where the whole kingdome being present either in person or by representation may give the King and receive from him again such reciprocal testimonies of love that he may be assured his people seek nothing more then the preservation of his life honour and Royal dignity and they that their King endeavoureth no less to encrease and maintain the liberty riches and prosperity of his people And I am
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
respect of Power and also in respect of the use and exercise of it In this kind of Government there are alwayes more Governours then one which are all Limited in the very essence and being of their power having none of them perfect absolute full and intire authority but onely their severall shares and proportion neither can they act in an arbitrary manner according to the full extent of that power which they have but have a certain rule set them by law The second is Limited in respect of the power alone In this kinde of Government as in the former there are alwayes more Governours then own which have all their Limited shares yet may all act arbitrarily either joyntly together or every one within the pale and limits of his own authority The third is Limited in respect of the exercise onely In this kind of Government the Governours are absolute in regard of power but circumscribed and Limited in the Acts of it As of absolute and limited so there are likewise three kinds of Mixed Government sutable to the other the first is Mixed both in respect of power and also in respect of the use and exercise of it In this kinde of Government there is a mixture of severall powers which compound and make up one perfect absolute full and intire power and also of severall persons and estates to whom the said powers do radically and fundamentally pertain which do jointly concurre in the administration and exercise of them The Second is Mixed in respect of the power alone In this kind of Government severall persons and estates are mixed together in the possession of power but one alone do exercise all the acts of Soveraigntie In this manner was the Roman Commonwealth governed by Sylla and by Dictators in the time of exigence and necessity The third is Mixed in respect of the exercise onely In this kind of Government severall persons and estates are Mixed in the exercise of power but one of the estates alone hath the dominion and propriety of it Now touching the Government of England I have shewed already that it is Monarchicall that the Monarchie is Absolute in respect of the power that the King alone hath perfect Absolute full and intire jurisdiction able if put in action to effectuate and bring to passe all the ends of Government and that all other persons of all estates and degrees whatsoever both Nobles and Commons move in their severall circuits and spheres of activity by virtuall emanation from him and not by force of any power authority or jurisdiction inherent in themselves And indeed all Monarchies are Absolute in this respect that is in respect of the power for when the limitation is in the essence and being of power Monarchie is destroyed not limited But yet the English Monarchie is Limited in respect of the use and exercise of power the King being obliged to govern according to the laws of the land which although they doe not diminish Majesty in essentialibus yet they do diversly qualifie and modificate it It is also Mixed in the same respect the King being obliged in some cases not to use his power without the assent and concurrence of the two other estates The pretended Parliamentarians on the other side deny the English Monarchie to be Absolute in any respect and affirm it to be Limited and Mixed as well in respect of the power it self as in respect of the use and exercise thereof the two Houses of Parliament being coordinate with the King not only in the administration of power but in the possession of it Yet they are not able to alledge one syllable of law to make good these strange novelties but strive by indirect inferences to decieve the people Howsoever I will bring their objections such as they are and answer them in order and first I will bring their objections whereby they indevour to prove their pretended limitation and then those whereby they endevour to prove their pretended mixture Object touching li ∣ mitation 1 I conceive and in my judgement perswaded saith the Treatiser that the Soveraignty of our Kings is radically and fundamentally limited and not only in the use and exercise of it and am perswaded so on these grounds and reasons First because the Kings Majesty himself who best knowes by his Councel the nature of his own power sayes that that the Law is the measure of his power Declar. from Newmarket Mart. 9. 1641. Which is as full a concession of the thing as words can expresse If it be the measure of it then his power is limited by it for the measure is the limits and bounds of the thing limited And in his answer to both the Houses concerning the Militia Speaking of the men named to him says If more power shall be thought fit to be granted to them then by law is in the crown it self his Majesty holds it reasonable that the same be by some law first vested in him with power to transfer it to those persons In which passage it is granted that the powers of the Crown are by law and that the King hath no more then are vested in him by law Object 2 Secondly because it is in the very constitution of it mixed as I shall afterwards make it appear then it is radically limited for as I shewed before every mixed Monarchy is limited though not on the contrary For the necessary connexion of the other power to it is one of the greatest limitations a subordiuation of causes doth not ever prove the supreme cause of limited virtue a coordination doth alwayes Object 3 Thirdly I prove it from the ancient ordinary and received Denominations For the Kings Majesty is called our Liege that is legal Soveraign and we his liege that is legal Subjects What do these names argue but that his Soveraignty and our Subjection is legall that is restrained by law Object 4 Fourthly had we no other proof yet that of prescription were sufficient in all ages beyond record the Lawes and customes of the Kingdome have been the rule of Government liberties have been stood upon and grants thereof with limitations of Royal power made and acknowledged by Magna Charta and other publick solemn acts and no obedience acknowleded to be due but that which is according to law nor claimed but under some pretext and title of law Object 5 Fifthly the very being of our Common and Statute lawes and our Kings acknowledging themselves bound to govern by them doth prove and prescribe them limited For those Lawes are not of their sole composure nor were they established by their sole authority but the concurrence of the other two estates so that to be confined to that which is not meerly their own is to be in a limited condition Reply Before I come to answer his objections out of his own mouth will I condemn him for if he be perswaded as he saith in his first objection that the King by his Councell knew the nature of
posse Comitatus if need be to expell this Officer of the Kings and bring him to condigne punishment for resisting the Kings authority in his Lawes Here now is raising of Arms by the Kings legal authority against the Kings Title and the Kings Officer notwithstanding any pretended authority from the Kings personall command and that Officer hath a Writ of Rebellion sent against him and shall be punished by Law for offering to resist the Law upon any pretence ask the Lawyers whether in sence this be not the Law and ordinarily practised save that the King do not command the contrary but whether that would hinder Law or not the Parliament may then in case of necessity raise arms against the Kings personall command for the generall safety and keeping possession which is more necessary then the hope of regaining of the Houses Lands Goods Liberties Lives Religion and all and this by the Kings legall Authority and resisters of this are the Rebells in the Lawes account and not the instruments so imployed legally though with Arms by the Parliament Reply For matter of fact it was themselves that withheld Delinquents from a legall tryall the King detained none but when divers Members of the Parliament were assaulted in the streets driven from the house defamed by Libells and Justice not permitted to take place it was the office of the King to protect them in their Rights and Liberties and to force the due execution of the Lawes and if he refused to yield up those to their injustice which assisted him this was not to keep Delinquents from their tryall but to protect his loyall subjects according to law this for matter of fact But for matter of Right suppose the King had taken up arms unjustly the Law doth not permit his Courts to oppose him or to call any in question that are assistant to him when the King taketh up arms they which attend upon his Person or are imployed in other places about the same service may not be molested or troubled by processe of Law either in Parliament or in any of his Courts as is declared and enacted by a Statute made the eleventh year of Henry the seventh The King our Soveraign Lord calling to his remembrance the duty of Allegiance of his Subjects of this his Realm 11. H. 7. cap. 1. and that they by reason of the same are bound to serve their Prince and Soveraign Lord for the time being in his wars for the defence of Him and the Land against every rebellion power and might reared against him and with him to enter and abide in service in battail if case so require and that for the same service what fortune ever fall by chance in the same battail against the mind and will of the Prince as in this Land sometime passed hath been seen that it is not reasonable but against all Laws Reason and good Conscience that the said Subjects going with their Soveraign Lord in Wars attending upon him in his Person or being in other places by his Commandement within this Land or without any thing should lose or forfeit for doing their true duty and service of Allegiance It be therefore ordained enacted and established by the King our Soveraign Lord by the advice and assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and authority of the same that from henceforth no manner of person or persons whatsoever he or they be that attend upon the King and Soveraign Lord of this Land for the time being in his person and do him true and faithful service of Allegiance in the same or be in other places by his Commandement in his Wars within this Land or without that for the said deed and true duty of Allegiance he or they be in no wise convict or attaint of high treason ne of other offences for that cause by Act of Parliament or otherwise by any processe of Law whereby he or any of them shall lose or forfeit Life Lands Tenements Rents Possessions Hereditaments Goods Chattels or any other things but to be for that deed and service utterly discharged of any vexation trouble or losse As for the case that is put by them it is very impertinent and the whole Objection made both by Mr. Bridge and themselves full of erronious passages and mistakes first they assume the two Houses to be the whole Parliament Secondly they assume them to be a Court of judicature Thirdly they assume the Judges to have a power of suppressing any Delinquents and maintaining themselves by arms The two former assumptions are absolutely false and the latter true only in some cases so far as they have order of Law and no man deny such a power to be in either of the Houses they may force Delinquents to appear before them in such cases and in such a manner as the Law hath provided for what is so done is done by the Kings Command in Law which is to be obeyed before his personal commands But they must proceed no further nor after any other manner then the King commands in Law And first although the Kings bare Command be not sufficient to warrant his Tenant or others to resist the sentence of his Courts yet if the King in Person taketh up arms and granteth Commissions to any to assist him his Courts must then forbear all processe of Law and desist from all further opposition as is provided in the foresaid statute And secondly although the King doth not authorize the fact in person or by Commission yet neither the two Houses in Parliament nor the Judges can make what Ordinances they please to raise arms or imploy their own instruments to bring in Delinquents but must proceed according to order of Law and commit the whole carriage of the businesse to such of the Kings Officers as are appointed for that purpose which are chiefly the high Sheriffs of Counties who are also confined by Law and may not exceed their Commission For both in the case put by the reverent Divines and also in all cases whatsoever if Delinquents grow so strong that they be able to resist the posse Commitatus and cannot be suppressed but by a War and by the Militia of the Kingdom the Sheriffe ought then to certifie the Court thereof and the prosecution of the matter must be left to the King to whom only it is reserved to preserve the peace of the Kingdome in such cases Object 2 Secondly against the Kings Negative voyce they urge the Oath taken at his Coronation whereby they say he is bound to give his assent to all Bills offered him by the Lords and Commons They have found out a form in Latin which they say was anciently used and ought now to be taken the Form is this Concedis just as leges consuetudines esse tenendas promittis pro te eas esse protegendas ad hónorem Dei corroborandas quas vulgus elegerit secundum vires tuas Resp Concedo
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
authority and power is originally in the people from whence he inferreth that they may translate as much and as little as they please to their governours and so limit their power in its being and essence But because they speak not de facto but de possibili and because I shall handle these things ex proposito in the third question I will referr them them to their due place Object touching mixture 1 I come now to the objections whereby they endevour to prove the English Monarchy to be a mixed Monarchy I conceive it saith the Treatiser a clear and undoubted truth that the authority of the land is of a compounded and mixed nature in the very root and constitution thereof and my judgement is established on these grounds First it is acknowledged to be a Monarchy mixed with Aristocracy in the House of Peers Answer to the 19. Propositions and Democracy in the House of Commons Now as before was made appear in the first part it is no mixture which is not in the root and supremacy of power For though it hath a subordination of inferiour officers and though the powers inferiur be seated in a mixed Subject yet that makes it not a mixed Government for it is compatible to the simplest in the world to have subordinate mixtures Reply His Majesty acknowledgeth Monarchy to be so mixed with Aristocracy and Democracy in the exercise of some part of his power that the conveniencies of all those forms of Government without the inconveniencies of any of them are obtained by such a mixture But he denyeth the mixture to be in the power it self for the convenience which he saith it hath from Monarchy is that it is Governed by one Head Where by one Head he meaneth not one by mixture but one single Person one pure and unmixed subject that hath all power and authority alone The Treatiser I conceive hath purposely omitted his words that his sense might not appear but I shall cite them in the next chapter and shew the true intention and meaning of them Now whereas his Majesty hath acknowledged a mixture to infer from thence that he granted the mixture to be in the power it self because the other kind is not a true but an improper kind of mixture is a strange and unusual way of argumentation If his Majesty was in an errour and apprehended that to be a true mixture which is not all that can be concluded thereupon is that he misunderstood the true nature of mixture not that he granted the mixture to be such as they contend for when it is evident that a man deny a thing in terminis there is neither candor nor ingenuity in those which will by consequences argue him to affirm it Some accuse the Romane Catholiques of Idolatry because they affirm such things as in their conceit seem by way of consequence to allow it but no man was ever so void of ingenuity as to dispute the question whether Idolatry be lawful and then cite them for Authors that maintain it to be lawful In like manner some accuse Calvine of Turcisme because he affirm such things as in their conceit seem by way of consequence to justifie the practise and religion of the Turks but no man was ever so unreasonable as to dispute the Question whether the Turkish religion be the true Religion and then cite him for an Author that maintained it to be true because it is evident that if those questions were propounded in terminis the Romane Catholicks would deny Idolatry to be lawful and Calvine if he were alive the Turkish religion to be the true religion what consequences soever other men draw from their words Yet the Treatiser dealeth in this manner with his Majesty for although it be evident that his Majesty denyed in terminis the mixture of the English Monarchy to be in the power it self yet he argues him by consequences to affirm it this to the Antecedent But secondly the consequent is also false the mistake is in himself not in his Majesty why is it no mixture which is not in the root and supremacy of power he answereth Though it hath a subordination of inferiour officers and though the powers inferiour be seated in a mixed subject yet that makes it not a mixed Government for it is compatible to the simplest in the world to have subordinate mixtures What if no government in the world be so perfectly simple as to exclude all subordinate mixtures it doth not follow from thence that a subordinate mixture is no mixture I shall also deny the very ground and foundation of his argument such subordinate mixtures as are in the English Monarchy are not compatible to the simplest government in the world for where the government is arbitrary and absolute both in respect of power and in respect also of the use and exercise of it supreme governours can put forth all the acts of power and jurisdiction alone they can make lawes raise taxes and exercise their whole power according to the full activity of it without the concurrence of the other estates and although they do often make use of their direction and assistance yet this mixture in the exercise of power proceeds not from the constitution of government but from their own voluntary election choosing this as the most conducible means to obtain the ends of government For although they may act according to the full activity of their power yet they cannot act in person at all times and in all places nor is one mans wisdome sufficient to meet with all the Events and accidents of government by reason whereof they are driven to seek a remedy against such inconveniencies as would arise frm these and the like causes and if when they find no better they substitute others and give them authority to act with them in the exercise of power this voluntary mixture cannot have such an effect as to denominate a government mixed because it depend upon the immediate will of the supreme governour who may act without them where and when he please and whether he acts with them or without them the frame of government is still the same for it is the constitution of a government that specificate it and causeth it to be denominated mixed or simple There is a great difference then between such subordinate mixtures and the subordinate dinate mixture that is in the English Monarchie those are mutable uncertain depending upon the will of the Supreme Governour this immutable certain depending upon the constitution of the Government for whether it was effected by originall contract with the people at the first foundation of the Monarchy or whether it was established afterward by the voluntary grant and concession of some of our Kings or whether it was introduced by custome the Government is now so constituted that the King can not make lawes raise subsidies or exercise some other acts of his power without the assent of the two other estates So that the very