his Majesty before he was crowned King But it was clearly resolved by all the Judges of England that presently by the descent his Majesty was compleatly and absolutely King without any essential ceremony or act to be done Ex post facto and that Coronation was but a royal ornament and outward solemniation of the descent And this evidently appeareth by infinite Presidents and book cases where such execrable opinions have been no sooner hatched than destroyed and if the Judges of our age had been so honest as to have cropped in the bud such like opinions broached by the Rebells Charls the first had still been our King and we a flourishing and happy Kingdom Although the King of England hath two Capacities the one by Nature the other by Policy yet ligeance is due to the King in his natural capacity and his natural and politick body make but one indivisible body Plo. 213. The Oath of Alligeance is made to the natural person of the King so is the Oath of Supremacy and all Inditements of Treason when any do intend or compasse mort◠et destructionem Domini Regis the death and destruction of the Lord our King which must needs be understood of his natural body for his politick body is immortal and not subject to death the Inditement concludeth contra ligeantiae suae debitum ergo the ligeance is due to the natural body vid. Fitt Justice of Peace 53. Plo. Com. 384. in the Earl of Leicesters case It is true that the King in genere dyeth not but no question in individuo he dyeth as for example Charls the first dyed yet the King is not dead because Charls the second whom God preserve is still alive For by the Laws of England there can be no interregnum within the same lib. 7.11 And to affirm as the Traytors now do that the Kings power is separable from his person is high Treason by the Law of the Land hear the Oracle of the Law tell you so lib. 7.11 In the Reign saith he of Edward the second the Spencers the Father and the Son to cover the Treason hatched in their hearts invented this damnable and damned opinion that Homage and Oath of Ligeance was more by reason of the Kings Crown that is of his politick capacity than by reason of the person of the King upon which opinion they inferred execrable and detestable consequents 1. If the King do not demean himself by reason in the right of his Crown his Lieges are bound by Oath to remove the King 2. Seeing that the King could not be reformed by Sute of Law that ought to be done by aspertee that is by force 3. That his Lieges be bound to Govern in aid of him and in default of him All which were condemned by two Parliaments one in the Reign of E. 2. called exilium Hugonis le Spencer and the other in Anno 1 E. 3. cap. 1. If the opinions of the Spencers were so wicked and detestable what then are the actions of the Rebells of our age who have put in practice what was but intended by the Spencers and that they might reform the King according to their minds cut off his head because he was a headhigher than they O Monstrous Reformers Did I not know that the Euthusiasts of our times do by their diabolical interpretations subvert even the Holy word of the Almighty making themselves absolute Kings over the Scripture to do what they please with it though they will not permit their King to have Soveraignty over themselves his Vassals And like the raging torrent of the foaming flouds which running down the lofty Hills demolisheth and carrieth away all opposites in its roaring Streams or as the violent fury of a Masterless headstrong multitude who hew down Kings as well as Royal Subjects in their tempestuous fury so these men set upon the Bible and stretch every Text of Scripture to their own meaning although there is as great a distance between their meaning and the Scripture as there was betwixt the Glutton in Hell and Lazarus in Abrahams Bosom in Heaven else should I wonder how they could seem to make the very Letter of the Law speak against the very Letter and like the Philosophers stone which turneth all things into Gold so the tongues of these men turn the sense of all the Lawbooks into their golden meaning and cite those books as authorities on their sides which are so contrary and opposite against them as if they had been purposely prepared to encounter and confute them For where is the Kings Soveraignty more fully demonstrated and evidenced than in Reverend Bracton and what book so much abūsed as his For lib. 2. cap. 24. speaking of Liberties and who had power to give them Quis saith he who hath power he answereth that the King hath For Sciendum quòd ipse dominus Rex qui ordinariam habet jurtsdictionem et dignitatem et potestatem super omnes qui in regno suo sunt habet enim omnia jura in manu sua quae ad coronam et laicalem pertinent potestatem materialem gladium qui pertinet ad regni gubernaculum habet etiam justitiam et judicium quae sunt jurisdictiones ut ex jurisdictione suae sicut dei minister vicarius tribuat unicuique quod suum fuerit Habet enim ea quae sunt pacis ut populus sibi traditus in pace sileat quiescat ne quis alterum verberet vulneret vel male tractet ne quis alienam rem per vim roberiam auferat vel asportet ne quis hominem Mahemiet vel occidat Habet enim coercionem ut delinquentes puniat coerceat Item habet in potestate sua leges constitutiones assisas in regno suo provisas et approbatas et juratas ipse in propria persona observet et subditis suis faciat observari nihil enim prodest jura condere nisi sit qui jura tueatur Habet igitur Rex hujusmodi jura five jurisdictiones in manu sua And again in the same Chapter ea quae jurisdictionis funt pacis ea quae sunt justitiae paci annexae ad nullum pertinent nisi ad coronam dignitatem regiam nec a Corona separari poterunt cum faciant ipsam Coronam The sum of which in English is this the King hath supreme power in all civil causes the Law floweth solely from him he is super omnes above all men in his Kingdom all jurisdictions are in him The material Sword of right belongs to him and whatsoever conduces to peace that the people committed to his charge may live peaceably and quietly The power of holding Assizes is derived from him and of punishing Delinquents for it would be in vain to Enact Laws if there was not some body enabled to protect us by defending them c. And the same Author saith lib. 2. ca. 9. Potentia vero omnes sibi subitos praecellere parem autem habere
but it was fifty or sixty rotten tainted Members of the lower House small in number but great in transgression So may the Tayl nay a piece of the Tayl destroy the whole body and reign sole Lord Paramount Oh what multitudes of impieties can the wicked accomplish in an instant Seneca Nullum ad nocendum tempus angustum est malis In no longer space than betwixt the Father and the Son did these Horse-Leaches subvert our fundamental Government destroy King and Kingdom Parliament and People and all our Laws and Religion so that the question is not whether the Parliament be above the King but whether a little company of great Traytors and Usurpers the Dregs and Lees of all Tyranny be above both King and Parliament For the Parliament as you see by the joyfull recognition made to King James c. enacted and most humbly acknowledged the King to be above both Parliament and People and the Crown to be hereditary to the King and his Royal Progeny but these men and only these who by violence make themselves above both King and Parliament defending their persons from the Justice of the Law with Armed Red-Coats and the greatness of their villanies These are they who deny it though the Laws of the Realm and all Histories and all Kingdoms teach them otherwise God calleth himself a King in several places of the Scripture to note and signifie his Soveraignity which surely he would not do was the King the Peoples vassal or under Officer as the Bedlam franticks of our age feign Thou art my King O God saith David Command delâ—verance for Jacob. The King and the Power to command are Individua He is a Clout no King which cannot command And who should be under his command What The People taken particularly and distributively as single men and not collectively as the whole Kingdom according to the fanatick opinion of our Lunaticks Why is he not then called King of single men If he be King of a Kingdom then all the People jointly or severally in his Kingdom are under his command and if under his command then he only hath power to give them Laws be they in one collective body as in Parliament at the Kings house or simple bodies at their private dwellings Le Roy fait les leix avec le Consent du Seigneurs et Communs et non pas les Seigneuns et Communs avec le consent du Roy is the voice of the Common Law The King makes Laws in Parliament with the consent of the Lords and Commons and not the Lords and Commons with the consent of the King Virg. 7 Eneid Hoc Priami gestamen erat cum jura vocatis More daret Populis And 5 Eneid Gaudet regno Trojanus Arestes Indicitque forum patribus dat jura vocatis The Lords and Commons have power only to propound and advise it is only the Kings Le roy le veult which makes the Law their propositions and advice signifie nothing if the King saith Le Roy se avisera They have not power to grant him any subsidies untill the King saith Le Roy remercieses loyaulx et ainsi le veult Therefore much less the Soveraignity It would be strange if the assembling of the Subjects together should make them Masters over the King who gave them power to assemble and hath power to turn them home again when he pleaseth Legum ac edictorum probatio aut publicatio quae in curia vel Senatu fieri solet non arguit imperii majestatem in Senatu vel curia inesse saith Bodin de Rep. li. 1. ca. 8. The publishing and approbation of Laws and Edicts which is made ordinarily in the Court of Parliament proves not the Majesty of the State to be in the said Court or Parliament It is the Kings Scepter which giveth force to the Law and we have no Law but what is his Will The King surely would never call his Subjects to bind him with Laws against his will much lesse to take his Dominion from him and make himself a Vassal and Officer to his two Houses or either of them who were not capable themselves of any Office without his Gift and Licence The Kings of England have called many Parliaments yet the Government hath alwayes continued Monarchical and the King not under but above the people inferior only to God even Forein Polititians will tell you so Let famous Bodin who tanketh our Kings amongst the absolute Monarchs speak for all lib. 1. cap. 8. Habere quidem Ordines Anglorum authoritatem quandam jura vero Majestatis imperji summam in unius Principis arbitrio versari The States saith he of England have a kind of authority but all the rights of Soveraignty and command in chief are at the will and pleasure of the Prince alone Learned Cambden in his Britannia fo 163. teacheth us As touching the division of our Common wealth it consisteth of a King or Monarch Noblemen or Gentry Citizens freeborn whow we call Yeomen and Artisans or Handicrafts-men The King whom our Ancestors the English Saxons called Coning and Gining in which name is implyed a signification both of power and skill and we name contractly King hath Soveraign power and absolute command among us neither holdeth he his Empire in Vassalage nor receiveth his investure or enstalling of another ne yet acknowledgeth any superiour but God alone Now if Reason and the Judgement of our Ancestors would satisfie our frenzy upstarts what greater authority would they have But that they are troubled with so many visions and false revelations of their own I would commend to them a true vision in the Reign of Edward the Confessor viz. One being very inquisitive and musing what should become of the Crown and Kingdom after King Edwards death the blood Royal being almost extinguished he had a strange vision and heard a voyce which forbade him to be inquisitive of such matters resounding in his ears The Kingdom of England belongeth to God himself who will provide it a King at his pleasure But now forsooth it belongeth to the people and they will provide it a King at their pleasure It is the people now which make the King if so why ever had we any Kingdoms why were they not called Peopledoms The Kings of England with them of France Jerusalem Naples and afterwards Scotland were antiently the only anointed Kings of Christendom And as the Kings in Scripture as Asia Jehoshaphat Hezechiah c. so the Kings of England have alwayes had the supremacy in Ecclesiastical causes Reges sacro oleo uncti sunt capaces spiritualis jurisdictionis 33 Ed. 3. Rex est persona mixta cum Sacerdote habet ecclesiasticam et spiritualem jurisdictionem 10 H. 7.18 And although Kings ought not to be Ministers of the Chutch so as to dispense the word and Sacraments For No man taketh this honour unto himself but he that is called of God as was Aaron Hebrews 5.4 Yet since they
authority O pious Rebels So far are our Laws of England from allowing Subjects to take up arms against the King or to condemn execute him that it is high treason for any one or all of his Subjects but to imagine the Kings death which the wisdom and Religion of our Realm hath from age to age so much hated and abhorred that an offender therin by the Laws of the Land shall be hanged and cut down alive his bowels shall be cut off and burned in his sight his head shall be severed from his body his quarters shall be divided asunder and disposed at the Kings pleasure and made food for the birds of the air or the beasts of the Field and his wife and children shall be thrust out of his house and livings his seed and blood shall be corrupted his Lands and goods shall be confiscated and as by the Statute of 29 H. 6.1 It is ordained of the Traytor John Cade hee shall be called a false Traytor for ever But the Traytors against Charls the Martyr have prevented this punishment most due to them by the greatnesse of their villanies Yet though they are got out of the reach of Justice and trample our Laws and King under their feet let them remember that God is above Earth and will give them their reward if not in this world yet in the world to come The aforesaid Statute of 25 Ed. 3. as you may read in Pulton de pace Regis Regni fo 108. doth confirm it to be high treason for any person to compasse or imagine the death of our Soveraign Lord the King the Queen c. by which words it doth approve what a great regard and reverend respect the Common Law hath alwayes had to the person of the King which it hath endeavoured religiously and carefully to preserve as a thing consecrated by Almighty God and by him ordained to be the head health and wealth of the Kingdom and therefore it hath ingrafted a deep and settled fear in the hearts of all sorts of Subjects to offer violence or force unto it under the pain of High Treason insomuch as if he that â—s Non Compos Mentis do kill or attempt to kill the King it shall be adjudged in him High Treason though if he do commit petit Treason homicide or larceny it shall not be imputed unto him as Felony for that he knew not what he did neither had he malice prepensed not a felonious intent And this law doth not only restrain all persons from laying violent hands upon the person of the King but also by prevention it doth inhibit them so much as to compasse or imagine or to devise or think in their hearts to cut off by violent or untimely death the life of the King Queen c. for the only compassing or imagination without bringing it to effect is High Treason because that compassing and imagination doth proceed from false and traiterous hearts and out of cruel bloudy and murdering minds Thus you see with what reverence our Lawes do adore his sacred Majesty our King detesting nothing more than the violence or dammage offered to him yet forsooth the Rebels affirm they killed the King by the Common Law and why by the Common Law what because the Commons made it surely that is all the reason for there is no law under the Heavens which warranteth Subjects to kill their King but all lawes both humane and divine command the contrary Many are the publick oaths as you may read in Mr. Prynne's Concordia discors protestations leagues covenants which all English Subjects especially Judges Justices Sheriffs Mayors Ministers Lawyers Graduates Members of the House of Commons and all publick officers whatsoever by the Lawes and Statutes of the land have formerly taken to their lawful hereditary Kings their heirs and successors to bind their souls and consciences to bear constant faith allegiance obedience and dutiful subjection to them and to defend their Persons Crowns and just royal Prerogatives with their lives members and fortunes against all attempts conspiracies and innovations whatsoever But since all those sacred oaths have been trayterously violated and broken by the Rebels against Charles the Martyr I will only present you with the effect of the Oath of Allegiance which every one is to take when he is of the age of twelve years and this oath was instituted in the time of King Calvin's Case fo 7. Co. Lit. fo 68.172 You shall swear that from this day forward you shall be true and faithful to our Soverain Lord King Charles and his heirs and truth and faith shall bear of life and member and terrene honour and you shall neither know nor hear of any ill or dammage intended unto him that you shall not defend So help you Almighty God The substance and effect of this oath as it is resolved and proved in Calvin's case is due to the King by the law of Nature and is called Ligeantia naturalis being an incident inseparable to every Subject for so soon as he is born he oweth by birth-right ligeance and obedience to his Soveraign and therefore the King is called in his Statutes our natural liege Lord and his people natural liege Subjects But Ligeantia legalis is so called because the Municipal Laws of this Realm have prescribed the order and form of it None can deny but that obedience is due from the Son to the Father by the Law of Nature yet may the Municipal Laws of the Realm prescribe formality and order to it not diminishing the substance So likewise may they to the Allegiance due by nature to the King Thus have you seen how the English Trayterous Rebells contrary to all the Laws of God the Law of Nature the Law of Nations the Laws of our Realm and against the foundation of Christian Religion have by an unheard of example most wickedly murthered as a common Thief and vile vassal of the people condemned their gracious King whose name from the very beginning of the world hath ever been esteemed amongst all Nations great and holy whom the Prophets and Apostles nay our Saviour himself and all the Primitive Christians both with their lives death examples and Doctrine have taught and commanded us to reverence and pray for and to be subject to not violently to resist him though he violently persecute us whom God himself in his old and new Testament hath declared to be constituted by him and reign by him not by the People and particularly whom our fore-Fathers of this Realm of England have always accounted sacred and ever found by experience Kingly Government to be most glorious and profitable for them yet these forty or fifty Tyrannical Rebels contrary even to common sense and feeling upholding themselves by Force and Arms Treason and Usurpation do sit and Vote Kingship dangerous and burthensom to the good people of this Common-wealth when in the mean time out Merchants turn Bankrupts our Tradesmen break Food groweth
with a sure foot Though King David was a man after Gods own heart yet could he not please the people for Absolom his own Son made a conspiracy against him and forced him to flye for his life But mark the end of this Traytor though the earth did not open her mouth and swallow him up yet the very Trees took vengeance and caught him up by the head so that he hung between heaven and earth as unworthy to go to heaven or to live upon the earth 11 Sam. 18.9 Then how dare these Pulpit Hunters blaspheme God and prophane his Word and Sanctuary so much as to preach that Rebellion is obedience nay a necessary duty commanded of God and a great means to carry on the work of Salvation inciting the people to cry out for justice accounting all things injustice unless that they have their wicked ends So Absolom did steal the hearts of the people who had controversies telling them that there was no man deputed of the King to hear them 11 Sam. 15.4 And Absolom said moreover O that I were made judge in the Land that every man which hath any sute or cause might come unto me and I would do them Justice A true Lecture of a Traytor for you shall never find Traytors without Law and Justice on their sides to colour their actions The King hath not deputed a man say they to distribute Justice He is popishly given and would bring into the Kingdome the popish Religion He infringeth your Charters breaketh the Laws and destroyeth your Rights and Liberties But O that we were made Judges in the Land how equally and impartially would we give justice to all men we would not take away your Charters nor encroach upon your Liberties The preservation of the Law and Religion is the only cause for which we take up arms But when with their charms and sorcery they have intoxicated the people got the hilt of the sword into their own hands and a power to do what they list then down goeth both Law and Religion and the King too like Jonas must be thrown down from the stern of Government to appease the tempest of the multitude And then and not untill then like the head of a Snail or a Tortoise out of it's shell not seen before doth appear their own cause and indeed the only cause for which they took up arms which is their own private interest and the destruction of the whole Kingdome with their own bodies and souls hereafter Hor. Suis ipsa Roma viribus ruit And Englands own Sword destroyeth poor England But let Traytors pretend what they will yet this is a Principle whose original is the Bible confirmed by our Saviour and the Apostles by all the Fathers of the Church and by all Christian people by all reason and Religion That Kings have the Supreme power over their people and consequently the people no power to resist them either to save their Laws Religion or for what other pretence soever For Rex si supra populum optimatesve agnoscat proprie non est Rex He cannot be a King which hath not the supreme authority and Soveraignty Divisum imperium cum Jove Caesar habet It is God and the King to whom Soveraignty belongeth the people are their Vassals and not sharers in so high a dignity Our Saviour alone was both God and Man and it is a thing impossible for the people to be both king and Subject too at one time But why should I seek stars to light the noon day or press that with arguments to be true to them who with their oaths have confirmed it for a truth swearing I William Lenthal do utterly testify and declare in my conscience that the Kings Highness is the only Supreme Governour of this Realm and all other his Highness Dominions and Countries aswell in all spiritual or Ecclesiastical things or Causes as Temporal And that no forein Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Pre-eminence or Authority Ecclesiastical or Spâ—ritual within this Realm And therefore I do utterly renounce and forsake all forein Jurisdiction Powers Superiorities and Authorities and do promise that from henceforth I shall bear faith and true allegiance to the Kings Highnesse his heirs and lawfull Successors and to my power shall assist and defend all Jurisdictions Privileges Pre-eminences and authorities granted or belonging to the Kings Highnesse his heirs and Successors or united and annexed to the Imperial Crown of the Realm So help me God and by the Contents of this Book What greater exemplification confirmation or demonstration of the kings Soveraignty can there be than this Sacred Oath of Supremacy For this is the thing which the Lord hath commanded saith Moses Num. 30.1 2. If a man Vow a Vow unto the Lord or swear an Oath to binde his soul with a bond he shall not break his word he shall do according to all that proceedeth out of his mouth And is there any English-man so impudently wicked and prophane as presumptuously to break Gods Commandement break his own vows and impiously turn perjured Traytor vix ipse tantum vix adhuc credo malum scarce I even I who have seen it with my own eyes can yet hardly believe so great a villany can be perpetrated Haec facere Jason potuit Could the betrothed do this Heu pietas Heu prisca fides Alas the antient piety Alas the fidelity of old time Debuit ferro obvium Offerre pectus I would have dyed first Quid non mortalia pectora cogis Auri sacra fames What doth not gold more sacred to them than their oathes compel mortals to atchieve Vid. 1. Eli. cap. 1. That the Kings power is above the Law is demonstrated by reason and proved by authority In the beginning were no Laws but the Kings will and pleasure Adams absolute power The King can do no wrong It is better and more profitable that one King than many Tyrants do what they lift with us The King hath no Judge but God That place in learned Bracton which Bradshaw and others used as an authority to kill the King explained and their damnable opinion and false Commentary upon him confuted The King is bound to observe Gods Law yet absolute King That God not the people instituteth kings and that the House of Commons which is but the tail of the Parliament nor any whole Parliament can have power over the king or disinherit him HAving made it evidently manifest that the King hath the supreme power and Soveraignty over the people I will now ascend a step higher and make it as manifest that he hath the supreme power and Soveraignty over the Laws as well as over the people Quidvis facere id est regem esse saith Salustius To do what one will is to be a King Cui quod libet licet Qui legibus solutus est Qui leges dat non accipit proiude qui omnes judicat a nemine
judicatur To whom it is lawful to do what he lift without punishment by the people Who is freed from the fetters of the Law who giveth Laws and receiveth Laws from none who judgeth all men and himself is judged by none and this is the true definition of a king warranted in holy writ by the example of all kings by the Prophets by the Apostles by the holy writings of multitudes of men by the Fathers of the Church by the true Orthodox Clergy by the Law of Nations and of Nature In the beginning saith Iustin Populus nullis legibus tenebatur sed arbitria regum pro legibus erant The people were kept under by no Laws but the will of their kings was the only Law they had which I find verifyed in the first king which God made Adam Whose power was absolute for in his Commission he had from God there is no limitation Gen. 1.28 Be fruitful and multiply and replenish the earth and subdue it And have dominion over the fish of the Sea and over the fowl of the Air and over every living thing that moveth upon the Earth Here is no command that he shall not make a Law without the consent of a Parliament that he shall receive so much tribute of his subjects and no more the king is not here prohibited to have a negative voyce or tyed up with any Law of his subjects He is to give Laws not to receive them what his will leadeth him to that may he do which is all included in this word Dominare have Dominion But go a little further and see his Majesty upon his royal Throne where with reverence be it spoken you may behold the Almighty doing more obedience to the King than his vassals do in these our dayes Gen. 2.19 And out of the ground the Lord God formed every beast of the field and every fowl of the air and brought them unto Adam to see what he would call them And whatsoever Adam called every living creature that was the name thereof The Lord God formed every living thing but Adam must give them names The Lord God brought them to him but it was but to see what he would call them For whatsoever Adam was pleased to call every living creature that was the name thereof So that hitherto there was no Law but the will of Adam the King to govern every living creature Ad libitum Regis sonuit sententia legis What Adam pleased to command that was presently obeyed But let us make a further progress and explicate the Soveraignty of king Adam For as yet there was not found an help meet for him But the Lord God caused a deep sleep to fall upon Adam and he took aâ— rib out of his side whereof he made a woman and brought her unto the man And Adam said this is now bone of my bones and flesh of my flesh she shall be called woman because she was taken out of man The Lord God made the woman but it was of one of Adams bones and Adam must give her a name Nay Adam must make a Law concerning her For Therefore shall a man leave his Father and his Mother and shall cleave unto his wife and they shall be one flesh which Law continueth still and shall do for ever For there shall be marrying and giving in marriage until the end of the World Therefore Justine doth prove a true Historian when he saith in the beginning Arbitria Regum pro legibus erant There was no Law but the kings will for you may read of many kings before Moses his time as of nine in one chapter Gen. 14.1 2. But Moses was the first that ever writ Laws or invented letters as we can finde then what Laws could those nine Kings use and all the Kings from Adam until Moses but their own wills And God gave Moses the power of Governing the people before he gave the law and Moses administred Justice to every one according to his pleasure so did Joshua and Saul and all the Kings after them and if the King governeth with the law which is derived from him which is most certainly true then undoubtedly the King is above the law For propter quod unumquodque tale ipsum magis tale that by which any thing is made such or such is in it self much more such or such But the King maketh the Law Ergo the King is much more above the Law The Laws are the reigns with which the King governeth and guideth the people how can the Charioter rule his horses if he hath not the free use and power over the reigns and by what means can the King rule and direct his people if he hath not the supreme power over the Laws with which he is to guide them not they him If the Law be equal in power with the king then why doth the king pardon those whom the Law condemneth alter the old Laws and make new Laws For par in parem non habet imperium every boy can tell that a man hath no power to command his equal but suppose the Laws should be equal or above the king who should put these Laws in execution The people cannot because as I have already shewen they are Inferior to the king and Contra rationem est contraque naturam superiorem ab inferiore judicari saith Barclay It is against reason and nature that the Superiour should be judged by the Inferiour Therefore though nothing can be so true and plain but that subtle Sophisters by Sinister and false interpretations and glosses will make it obscure yet it is an inviolable truth that the king is above the Law and therefore Rex non potest facere injuriam the king can do no wrong for ubi non est Lex ibi non est transgressio quo ad mundum where there is no Law there is no transgression as to the world Quisquis summum obtinet imperium sive is sit unus Rex sive pauci nobiles vel ipse populus universus supra omnes leges sunt Ratio haec est quod nemo sibi feret legem sed subditis suis se legibus nemo adstringit saith Saravia de Imperand autor li. 2. c. 3. Every Governour let the Government be Monarchie Aristocracie or Democracie is above all the Laws for no man can impose Laws on himself but on his subjects and no man can bind himself to keep his own Laws because as Barclay saith Quod neque suis legibus teneri possit cum nemo sit seipso superior nemo a seipso cogipossit Leges a superiore tantum sciscantur denturque inferioribus No man can be bound by the Laws he makes himself because no man is above himself neither can any man be compelled of himself and Laws are only made by superiours and given to inferiours Cujus est instituere ejus est abrogare He which maketh any Law may abrogate it when he pleaseth It is not possible for any Government to be
take it for a curse or do things worse Some would have children those that have them mone or wish them gone What is it then to have or have no wife But single thraldome or a double strife Our own affections still at home to please is a disease To crosse the sea to any forein soil perils and toil Wars with their noise affright us when they ceasâ— we are worse in peace What then remains but that we still should cry Not to be born or being born to die The King of Englands Soveraignty proved and approved by the Common Law to be above both Parliament and people inferiour to none on earth but God Almighty and that neither the people of England nor any other his Subjects either distributively or collectively in one intire body ought to call the King in question for his actions though they be never so wicked The sweet harmony and concordance of the Law of God and the Law of the Realm in maintaining the Royal Prerogative of our Soveraign manifested The Kings Coronation is onely a Ceremony no part of his Title How the Changeling Statesmen of our times who will not endure that the King should have Soveraignty over them his vassals make themselves absolute Kings over the Scripture and Law books and make the Law and the Gospel speak in what sense their wicked wills and lusts vouchsafe Resistance of the power unlawfull The Subjects duty to their Soveraign Their Reward and remedy if they be punished wrongfully Reverend Bracton cleared from Mr. Pryns false aspersions Mr. Pryns Character his Book entitled the Soverâ—ign Power of Parliaments and Kingdomes arraigned convicted and condemned and his confident averment therein That it was not Saint Pauls nor the Holy Ghosts meaning to inhibit defensive wars of the Subjects against their King proved to be Apocriphal and that Saint Paul like an honest man spoke what he meant when he said Let every soul be subject to the higher powers though Mr. Pryn would have his words and his meaning two things How Mr. Pryn worshipped the long Parliament heretofore as a Sacred Deity when it acted wickedly and now despiseth it as idolatry and an Advertisement to him to write a book of Retractations To go about to prove that the King of England c. hath the Supreme power over the Parliament and people deserveth as much derision as to go about to prove that the Sun shineth at noon day or that the heavens are above the earth yet since there are those amongst us who like the Sodomites grope for light in the clearest day and have the iâ—pudence to publish for truth that which their conscience telleth them is false I will give you a tast of our Lord the Kings Soveraignty which lieth dispersed and scattered about in our Law books Jus Câ—ronae The Law of the Crown is the principal part of the Laws of this Realm Co. Lit. 11.b. 15. b 344. a 25 E. 3 cap. 1. Register inter jura Regia 61 c. For since the Common Law of the Land is common usage expressed in our books of Law and judicial Records Co. Lit. 344 a. Plowden 195. Finch 77a. The Government of this Kingdome by a Royal Soveraign is become a Fundamental Law being as antient as history it self and used from the time whereof the memory of antiquity is not to the contrary And since that the ligeance faith obedience of the Subject is due unto the King by the Law of nature Co. l. 6. fol. 12. as well before as after the municipal and Judicial Laws were made our Law-books like faithfull Subjects being the Magazine of law from their Alpha to Omega could preach no other Doctrine than Allegeance faith and due obedience to their Soveraign the King whom they all confesse and testifie to be the Supreme lord and head of the Common-wealth immediately under God above all persons in all causes Finch in French fol. 20. in English 81. Co. lib. 2.15 Le Roy est caput salus Reipublicae à capite bona valetudo tranfit in omnes lib. 4.124 the King is the fountain of Justice tranquillity and repose Plowden 242. Therefore Nil desperandum Rege duce Auspice Rege Nothing can come amisse to us the King being our guide and Soveraign Reges sacro aleo uncti spiritualis jurisdictionis sunt capaces Kings being the Lords Anointed are nursing Fathers to our Church The King of England est Monarcha Imperator in Regno suo Davis Irish reports fol. 60. the Almighty hath said that they are gods and our common laws of England being founded on the laws of God do likewise attribute to them a shadow of the Divine excellencies viz. VVingates Maxim fol. 301. 1 Divine perfection 2 Infinitenesse 3. Majesty 4 Soveraignty 5. perpetuity 6. Justice 7. Truth 8 Omniscienc Of which I have already treated Nay as God is a King in Heaven so the King is stiled a God upon Earth Finch 81. He is the Head Father Physician and husband of the Common-wealth He is Gods Lieutenant Deputy Vicegerent receiving his Commission from God not from the people These are the titles which the Common Laws of England give to the King A Divine sentence is in the lips of the King his mouth transgresseth not in judgement Prov. 16.10 saith Gods word Therefore the Law receiveth it for a Maxim That the King can do no wrong Co. Lit. f. 19. He is Rex gratia Dei non populi King by the grace of God not of the people The most high ruleth in the Kingdom of men and giveth it to whomsoever he will Dan. 4.17 Therfore all the Lands and Tenements in England in the hands of Subjects are holden mediately or immediately of the King but the King is Tenant to none but God 8 H. 7 12. Co. Lit. 1. For Praedium Domini Regis est Directum Dominium cujus nullus author est nisi Deus Only God is the author and Donor of the Kings Dominions Therefore the possessions of the King are called sacra Patrimonia Dominica Coronae Regis The King is the Lords anointed 1 Sam. 10.1 Therefore the Law giveth reverence to his Person and maketh him supreme in Ecclesiastical causes The villain of a Lord in the presence of the King cannot be seized because the presence of the King is a protection to the villain for that time 27 ass Pla. 49. Is it fit to say to a King thou art wicked and to Princes ye are ungodly Job 34.18 Therefore no Civil much lesse Criminal action lyeth against the King if he doth unjustly the only remedie against the King is by petition and supplication for who shall command the King Stamford Praer fol. 5. Bracton fol. 5. Flera fol. 17. Finch 13. The Prerogative which the Common-law giveth the King is so large as Sir Henry Finch saith that you shall find that to be law almost in every case of the King that is law in no case of the Subject Finch fol. 85.
Kings gracious Concessions each Member of the house of Commons ought to be respectively elected out of the Shires or Counties Cities or Boroughs by the Kings Writ ex debito Justitiae Now would it not strike a man with admiration and make his hair stand an end to hear that the House of Commons should claim the Legislative power and protest to the world that they were greater in authority and Majesty than the King who raised them from nothing surely 't is but a dream which troubled the head a while with strange Chimaeras and then vanish'd it is but a Phantasm which fanatick distempers raised in lunatick brains and so perish'd after ages will account it but an Ovids Metamorphosis or as a Fable told more for mirth and novelty than for any truth or reality for why are the pots greater than the Potter or doth he who ought for to obey give Laws to him whose right it is to command The King sayeth to the House of Commons come and they come and he sayeth to them go and they go whatsoever the King commands that they cannot chuse by Law but do Nay the Lords their Masters are but the Kings Servants the King is the head and they are but the servile Members it is the property of the Head not of the Members to command the inferiour Members are all at the will and nod of the Head the feet run the hands work and the whole body moveth at the pleasure of the head but without the head the whole body is but a dead trunck and neither hands nor feet have power to move so the Members of the Parliament without the King their head have not power to sit much less to Act there is no body without a head nor no Parliament without a King they cannot move nor convene together without his Royal Summons neither can they dissolve themselves being convened without his command the King assembles adjourns prorogues and dissolves the Parliament by Law at his pleasure and therfore it is called in our Statutes and Law-bookes Parliamentum Regis Curia Regis et Concilium Regis and the Acts of Parliament are called the Kings Laws and why not the Kings Laws doth not he make them The whole body and volumes of the Statutes proclaim the King the sole Legislator What is Magna Charta but the Kings will and gift The very beginning of it will tell you 't is no more viz. Henry by the grace of God c. Know ye that we of our meer and free will have given these Liberties In the self same style runs Charta de foresta In the Statute of escheates made at Lincoln 29 Edw. 1. are these words At the Parliament of our Soveraign Lord the King by his Council it was agreed and also commanded by the King himself That c. The Statute of Marlebridg 52 H. 3. runs thus The King hath made these Acts Ordinances and Statutes which he willeth to be observtd of all his Subjects high and low 3. Edwardi primi The title of the Statute is These are the Acts of King Edward and afterwards it followeth The King hath ordained these Acts And the first Chapter begins The King forbiddeth and commandeth That c. 6. Edw. 1 It is said Our Soveraign Lord the King hath established the Acts commanding they be observed within this Realm And in the 14 Chap. the words are The King of his special grace granteth That c. The Statute of Quo Warranto saith Our Lord the King at his Parliament of his special Grace and for affection which he beareth to his Prelats Earls and Barons and others hath granted that they who have liberties by prescription shall enjoy them 1. Ed. 3. To the honour of God and of holy Church and to the redresse of the oppression of the people our Soveraign Lord the King c. At the request of the Commonalty of his Realm by their Petition made before him and his Counsel in the Parliament by the assent of the Prelats Earls Barons and other great men assembled in the said Parliament hath granted for him and his heirs c. But wherfore evidences to prove that which no man can deny The styles of the Statutes and Acts printed to the 1 H. 7 are either The King willeth the King commandeth the King provideth the King grants the King ordains at his Parliament or the King ordaineth by the advice of his Prelats and Barons and at the humble Petition of the Commons c. But in Henry 7 his time the style altered and hath sithence continued thus It is ordained by the Kings Majesty and the Lords spiritual and temporal and the Commons in this present Parliament assembled And why do the Lords and Commons ordain Is it not only because the King doth It is so they do because the King doth which only denotateth their assent for the Kings Majesty giveth life to all as the Soul to the Body for did ever the Lords or Commons make an Act without the King Never they cannot the Lords advise the Commons consent but the King makes the Law their Bills are but inanimate scriblings untill the King breaths into their nostrils the breath of life and so that which was but mould before becometh a Law which ruleth living Souls and as Sr. Edward Coke observeth In antient times all Acts of Parliament were in form of Petitions which the King answered at his pleasure now if it be the duty of the Parliament to Petition and in the power of the King to receive or reject their Petitions at his will judg you who hath the supreme power Neither doth the King only make the Laws but he executeth them too for all executions which are the life of the Law receive their force and vigour from the King Car la ley le roy et les briefes le Roy Sont les choses per que home est Protect et ayde saith our Father Littleton Sect. 199. There be three things whereby every Subject is protected Rex Lex rescripta Regis The King commandeth his commands are our Laws and those Laws are executed only by the Kings Writs and Precepts and although the King Moses-like deputeth subaltern Judges to ease himself of some part of the burthen of administring Justice yet what they Judge are the Kings Judgments the Law is the rule but it is mute the King judgeth by his Judges and they judging are the Kings speaking Law The Judges are Lex loquens the Kings mouth the Commons are his eys and the Lords his ears but the Kings head is Viva Lex the fountain of Justice to whom God hath given his Judgments and we have none but what the King Gods Vicar giveth to us and why not the Kings judgments Quod quisque facit per alterum facit per se The Kings Patent makes the Judges the power of pardoning offences only belongeth to the King He may grant conusance of all pleas at his pleasure within any County
are called of God to be Kings as his Vicegerents they have power to look to and have a care of the Church that the word be preached and the Sacraments administred by fit persons and in a right manner else how should Kings be Nursing Fathers to the Church had they not a Fatherly power over it Therefore many Acts of Parliament in several Kings Reigns and the whole Current of Law Books resolve and affirm the King to be head and have Supreme Jurisdiction in Ecclesiastical causes In the first year of Edward the sixth a Statute was made That all Authority and Jurisdiction both Spiritual and Temporal is derived from the King So in the Reign of Edward the Confessor was this Law ca. 17. The King who is the Vicar of the highest King is ordained to this end that he should Govern and Rule the Kingdom and People of the Land and above all things the Holy Church and that he defend the same from wrong doers and destroy and root out workers of mischief But since Reverend Coke in the fifth part of his Reports De jure Regis Ecclesiastico hath with luculent examples and impregnable lawes made it so clear that no man can gainsay it that the King ought and the Kings of England ever since before the Conquest until the Reign of Queen Elizabeth at which time he writ have had the supreme power and jurisdiction in all Spiritual and Ecclesiastical causes I referre you to his Book only reciting part of his conclusion viz. Thus hath it appeared as well by the antient Common Lawes of this Realm by the Resolutions and Judgments of the Judges and Sages of the Lawes of England in all succession of ages as by authority of many Acts of Parliament antient and of later times that the Kingdome of England is an absolute Monarchy and that the King is the only supreme Governour as well over Ecclesiastical persons and in Ecclesiastical causes as temporal within this Realm And in another places fo 8. he saith And therefore by the antient Lawes of this Realm this Kingdome 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 well agreeing Members All which the law divideth into two several parts that is to say the Clergy and the Laity both of them next and immediately under God subject and obedient to the head Also the Kingly head of this politick body is instituted and furnished with plenary and intire 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 a head of the whole body Now he that looketh upon these Authorities and yet saith that the King is not above both Parliament and people nor hath soveraign power over them will likewise look upon the sun in the Heavens and yet say that it is not above but below the earth and when he is in the midst of the sea say that there are no waters in the world If then the King hath the supreme power over Parliament and people as most certainly he hath how then could the Parliament or people much lesse sixty of them question or judge their King For no man can deny but that the greater power ought to correct and judge the lesser not the lesser the greater How could they did I say Why vi armis by violence and injury not by law So may I go and murther the King of Spain or the King of France and then tell them that their people have the supreme power over them The case is all one only these Rebels murthered their natural Father and King to whom nature and the Lawes of God and man had made them subjects but I should murther a forein King whom I ought not to touch he being the Lords annointed It is easie to prove the Soveraignty of the Kings of England by their Stiles unlesse our anti-monarchical Statists will say they nick named themselves Their several stiles since the Conquest you may see in the first part of my Lord Coke's Institutes Fo. 27. Therefore I will not trouble you with a recital of them as for the styles before the Conquest take one for all which you may find in the Preface of Co. li. 4. and in Davis his Irish reports Fo. 60. In a Charter made by Edgar one of the Saxon Monarchs of England before the Danish Kings viz. Altitonantis dei largiflua clementia qui est Rex Regum dominus dominantium Ego Edgarus Anglorum Basileus omniumque rerum Insularum Oceani quae Britanniam circumjacent cunctarumque Nationum quae infra eam includuntuâ— Imperator et dominus Gratias ago ipsi Deo omnipotenti Regi meo qui meum imperium sic ampliavit exaltavit super Regum patrum meorum Qui licet Monarchiam totius Angliae adepti sunt a tempore Athelstani qui primus Regum Anglorum omnes Nationes quae Britanniam incolunt sibi armis subegit nullus tamen eorum ultra fines imperium suum dilatare agressus est mihi tamen concessit propitia Divinitas cum Anglorum imperio omnia regna Insularum Oceani cum suis ferocissimis regibus usque Norvegiam maximamque partem Hiberniae cum sua nobilissima Civitate de Dublina Anglorum regno subjugare quos etiam omnes meis imperiis colla subdare dei favente gratia coegi By which you may observe the first Conquest of Ireland and that the Kings of England are Emperours and Monarchs in their Kingdom constituted only by God the King of Kings and Lord of Lords not by the people And so did many other Kings of England stile themselves as for example Etheldredus totius Albionis Dei Providentia Imperator and Edredus Magnae Britanniae Monarcha c. But that our preposterous Commonwealths men might make themselves most ridiculous as well as impious in all things they would argue the King out of his Militia and have him to be their Defender yet they would take away his sword from him O Childish foppery What a Warriour without arms a General without souldiers why not aâ— well a Speaker without a mouth such Drollerâ— was never heard of in the world until the Infatuation of these infandous Republicans hatcht it Nay but there shall be a King over us cryed the Israelites that we also might be like all the Nations and that our King may judge us and go out before us and fight our battels 1 Sam. 8.19 Anâ— what should he fight without the Militia should the King be over the people judge them and go out before them to battel yet ought the people tâ— have power to array arm and muster the souldierâ— at their pleasure ought they to appoint whaâ— Officers and Commanders they thought fit surely no For he will saith Samuel verse 12.
dear Trade dyeth thousands of Families are ready to starve Millions of men are ruined and undone the whole Realm groaneth under the burthen of excessive Taxes and Wars and rumors of Wars continually plague our Kingdom which hath lost its glory both abroad and at home and become a meer laughing-stock to all Nations and all this misery ariseth from the Tyranny of these Rebels who unjustly banish our lawfull haereditary King Charls the second and take possession of his three Kingdoms making themselves absolute Tyrannical Kings over us and so I believe they intend to make their Heirs for being accustomed to lye they declare in their Declarations that the People shall be governed by their Representatives in Parliament Yet their actions contradicting their words they will not suffer the People to chuse their Representatives or come into the House but they tell us that they will chuse men of fit qualities So one Thief chuseth another Similis simili gaudet We may be sure never to have an honest man amongst them if they have the chusing So that we may conclude that unlesse we arise and destroy these self-seekiâ—g self-created Tyrants and restore our gracious King to his Crown both we and our heirs shall be Slaves to the worlds end for no legal Government can be established without the King I have sufficiently proved that it is unlawfull for Subjects to rebel against evil Kings How much more then is it unlawfull to rebel against a pious and mercifull Soveraign which addeth to the bulk of the sins of our English Rebels For the whole world knoweth that Charls the Martyr whom they so trayterously murthered was the best of Kings and meekest of men He was Charls le bon Charls le grand good in his greatnesse and great in his goodnesse Some have said that a good King cannot be a good Christian but it is proved manifestly false in him for to the admiration of the whole Earth he was the best of Christians and no less to be admired as a good King So that his misfortune in his Government did not proceed from his deficiency in the art of Governing but from the excesse of the Rebels sins who transcended all Traytors since the creation of the world in sin and treachery as far as Hell is distant from the Earth Wherefore we may most truly say that he was murthered only because he was good For every Kingdom divided against it self is brought to desolation if Satan also be divided against himself how shall his Kingdom stand Therfore if the King had been evil these evil Traytors would never have cast him out but seeing he was a pious and Religious King and so an evil Member to their evil Common-wealth They all united their hearts and hands to cut him off and lay to his charge all the Treasons Murthers Rapines Burnings Spoils Desolations Damage and Mischief to this Nation which they themselves committed So Thieves and Murtherers may spoil burn and make desolate all places and Massacre and kill many Noble and trusty Servants to the end they might take their Master and kill him and then having taken him lay all to his charge and execute him as the only Author of all those villanies which they themselves acted and occasioned O heavens Could the Almighty suffer this Why not The Lord made all things for himself yea even the wicked for the day of evil Pro. 16.4 As for our rising Sun Charls the second though hitherto obscured by the foggy mists of Treason and Rebellion in his own Kingdoms yet do the rayes of his sacred Majesty shine throughout the world beside and his renown ecchoeth in every part of the Earth to the admiration of forein Kingdoms and to the envy hatred of the Rebels in his own Yet cannot their malice but marvel at the virtues and patience of their King whom they so much wrong And it grieves them to see that royal progeny whose ruine they so greedily hunt after flourish with such glorious splendour amongst the Kings and Princes of the Earth growing in favour both with God and Man Whilst they odious to all but themselves by their Tyranny and Rebellion incurr the displeasure both of Heaven and Earth and become a Ridiculous Rump The object of the scorn and derision both of Old and Young Rich and Poor And had not these infatuated Rebels brasen faces to deny what their own Conscience telleth them is true They would presently declare that the only way to settle our distractions and restore our Nation to its pristin happinesse and glory were to call in the King and re-establish him in his own which they unjustly pocket from him For so long as there is one of the race of the Stewarts which God long preserve and any forein King or People remain alive we must never look for peace or plenty but as publick Thieves alwayes live in a posture of Warr and ever expect forein Nations to come in and swallow us up Who account it as indeed it is the greatest piece of Justice under the Sun to revenge with our bloods and utter destruction the bloody Murther of Charls the first and the unnatural Banishment of Charls the second our only lawful Soveraign Therefore let all English Spirits who have not washed their hands in the Innocent blood of Charls the Martyr joyn their prayers to God and their Forces to one another and lance this Ulcer and cut off this proud flesh whose growth destroyeth our King Laws and Religion Behold the Duke of York wiâ—l be your leader whose very name striketh terror to the greatest men of Warr and our Rebels tremble to think of his Martial atchievements It is he who will be our Champion to hunt out these treacherous Foxes who Rebel against his King and Brother and then make our Nation dreadful to the Pope and other forein Invaders Therefore let us not dream like Goats whilst we have this Lyon to be our Captain but follow him and destroy these Wolves who make us their continual prey keeping us in Slavery under a false pretence of Liberty and let us obey our King and Father Charls the second who will blesse us with the blessings of Jacob and weed out of our Church and State those Jesuits and Popish Blasphemors who now under the colour of a free State are working and contriving the ruine both of our Laws and Religion And then we shall prosper into a Kingdom Ezekiel 86.13 and once more be a glorious people under so glorious a King which God Almighty speedily grant for the glory of his Holy Name and for the welfare and happinesse of all Christian people Every one knoweth that in 1648. after the long tempest of a horrid VVarr and Rebellion raised by the Refractory and Treacherous House of Commons under a pretence of removing evil Counsellours from the King but in truth only to promote their own private Interests and factious designs The Currish Army who had for a long
and dy'd and rul'd and stunk agen Rebellion for a little moment shines But seldom with a brave applause declines 'T is only Truth and Loyalty can give Restoratives to make a Dead man live T. F. REPENTANCE FOR THE MURTHER OF Charles the Martyr AND The Restauration of Charles the II. is the only Balm to cure Englands Distractions 'T Is true our Nostrils lost their Breath What then ' Cause we sinn'd once shall 's ne're be good agen We murther'd Charles for which Infernal Kings With worse than Aegypt's Plagues have scourg'd our sins The Martyrs Goodnesse Angels cann't rehearse The Rebels baseness Devils cann't expresse Who in their Lower House have acted more Than Belzebub in Hell or th' Earth before And did not Charles the Son yet shine I 'de say That God of Nature and the World decay But God is God and Satan's Fraud we see Charles is our King and Rebels Rebels be Then since we ken a Traytor from a Saint Let 's be for God our King and Bel recant Hee 'l dry our Eyes and cure those Wounds which we Receiv'd i'â—h ' dark groping for Liberty For Liberty which kept us all in Fetters Slaves to the Rump and to the Rumps Abetters Who Freedom and Religion up cry'd When Freedom and Religion they destroy'd Who killed us with Plaisters and brought Hell For Paradice So Eve by th' Serpent fell Then if the death o' th' King caus'd all our woe The life o' th' King had sav'd us all men know Behold him in his Son whose splendid light Shall heal the darknesse of his Fathers night 'T is madnesse to use Candles in the day What need a Parl'ament when Charles le Roy Stands at the door and to us fain would bring Freedom and Laws instead of Rape and Sin The glory of a King is to command But Subjects shame to sit when he doth stand God save the King C. B. Never forget Reader That the Presbyters in their Almighty scotified nullified Solemn League and Covenant with their hands lifted up to the Most high God do swear That they will preserve and defend the Kings Majesty his Person and Authority And that they have no thoughts or intentions to diminish his Majesties just Power and Greatnesse Yet they do also there swear that they will extirpate Episcopacy although so to do is contrary to the Kings Will Laws Command Safety Greatnesse and Authority As if his Majesty had no just Power but what their Faction vouchsafed and pleased to think fit On the late MIRACVLOVS REVOLVTIONS IN ENGLAND c. THree Kingdoms like one Ship a long time lay Black tempest-proof upon a troubled Sea Bandy'd from wave to wave from rock to sand A prey to Pyrats from a forein Land Expos'd to all the injuries of Fate All the Reproaches of a Bedlam-State The brave Sayles torn the Main-mast cut in sunder Destruction from above and ruine under Once the base rout of Saylors try'd to steer The giddy Vessel but thence could appear Nothing but mad Confusion Then came One He sate at Helm and his Dominion Frightned the blustring Billows for a while And made their Fury counterfeit a smile Then for a time the Bottom seem'd to play I' th' wonted Chanel and the beaten way Yet floated still The Rabble snatch't again It's mannagement but all alas in vain No Anchor fixt no wished shâ—ar appears No Haven after these distracted years But when the lawfull Pilot shall direct Our wav'ring Course and Heav'n shall Him protect The Storms shall laugh the Windes rejoyce thereat And then our Ark shall find an Ararat T. F. THE HISTORY of PHAETON Being only a Flourish or Praeludium to the sulsequent more solid discourse Wherein implicitly the temerarious appetite of Subjects to their dread Soveraigns Crown is refuted and condemned The gracious Concessions unparalleled goodness and fatherly indulgence of our late King to his over-bold Subjects manifested and the sad effects of usurpation laid open with the Traytors Epitaph Phoebus representing the King and Phaeton the hare-brained people Eloquar an Sileam timor hoc pudor impedit illud Shall I speak or hold my Peace How shall we sing the Lords song in a strange Land And how shall I hold that which is not to be found WHen rash Phaeton being mounted on the soaring wings of arrogance and presumption attempted the Kingly Government of his royal Fathers Chariot fit for none but such powerful and well-instructed Monarch as himâ—lf For Ovid. lib. 2. Non est tua tuta voluntas Magna petis Phaeton quae non viribus istis Munera conveniunt nec tam puerilibus annis Sors tua mortalis non est mortale quod optas Plus etiam quam quod superis contingere fas est Nescius affectas placeat sibi quisque licebit Non tamen ignifero quisquam consistere in axe Me valet excepto Vusti quoque Rector Olympi Qui fera terribili jaculatur fulmina dextra Non agit hos curros Et quid Jove majus habetur Thy wish is naught What 's so desir'd by thee Can neither with thy strength nor youth agree Too great intentions set thy thoughts on fire Thou mortal dost no mortal thing desire Through ignorance affecting more than they Dare undertake who in Olympus sway Though each himself approve except me none Is able to supply my burning Throne Not that dread Thunderer who rules above Can drive these wheels and who more great than Jove Thou seekest after that which humane power neither can nor ought for to atchieve Thou art ignorant of my power and too much presuming on thine own I am no Officer of trust deputed by the common rout but hold my jurisdiction from above It is not for Mortals to aspire and foolishly to covet such sacred things There iâ— none but I capable of this dignity It is I that aâ— the anointed and crowned King by caelestial decree and therefore am not to be dethroned by terrestial innovation At tu funesti ne sim tibi muneris auctor Nate cave dum resque sinit tua corrige vota Then lest my bounty which would save should kill Beware and whilest thou maist reform thy will Be wise my Son in time and lest thou prove a felo de se banish from thy thoughts this desperate and fond appetite of thine to take my princely reigns of Government into thine unadvised hands Non honor est paenam Phaeton pro munere poscis It is not honour but disgrace and thy utter ruin which thou so greedily huntest after Scilicet ut nostro genitum te sanguine credas Pignora certa petis do pignora certa timendo Et patrio pater esse metu probor aspice vultus Ecce meos utinamque oculos in pectore posses Inserere patrias intus deprendere curas Denique quicquid habet dives circumspiee mundus Deque tot ac tantis caeli terraeque marisque Posce bonis aliquid nullam patiere repulsam Deprecor hoc unum quod vero
of his hands and take it into their own But this was not all the Sea was dryed up and the fields were scorcht the Harvests were burnt and the Mountains perished with heat the Moon was amazed and the Clouds shone like Comets Parva tamen queror magnae pereunt cum maenibâ— urbes Cumque suis totas populis incendia gentes In cinerem vertunt But this was nothing Cities with their Towrs Realms with their people funeral fire Devours All the Kingdoms in the world did shake And all the Kings doubted of their regal title They feared that themselves should be destroyed and their Crowns with their lives pulled to the ground And doubtless had not Divine providence stopped this wild-fire more Kingdoms than were had been demolished For this fire did intend to make Kings and the common people all in one condition neither was the King to have any praerogative above his subjects but all had like to have been consumed in one and the same sire Great Cities with their walls and whole Nations with their people were turned into Ashes Circumspice utrinque Fumat uterque polus quos si violaverit ignis Atria vestra ruent Behold the Poles above At either end do fume And should they burn Thy habitation would to ruine turn O Almighty this usurpation would have taken away thy power For the Kings which thou did'st set to rule over the people had well nigh been all consumed And thy anointed which thou hast prohibited any thing to touch were by this unwieldy and unlawfull Government almost destroyed The flames begun to lick the Heavens and both Poles did take fire so that all things were hastening into their antient Chaos Alma tamen tellus ut erat circundata ponto Inter aquas pelagi contractosque undique fontes Qui se condiderant in opacae viscera matris Sustulit omniferos collo tenus arida vultus Opposuitque manum fronti magnoque tremore Omnia concutiens paulum subsedit infra Quam solet esse fuit sacraque ita voce profatur Si plaoet hoc meruique quid O tua fulmina cessant Summe Deum liceat periturae viribus ignis Igne perire tuo clademque autore levare Yet foodfull Tellus with the Ocean bound Amidst the Seas and Fountains now unfound Self hid within the womb where they were bred Neck-high advanceth her all-bearing head Her parched fore-head shadow'd with her hand And shaking shook what ever on her stand Wherewith a little shrunk into her brest Her sacred tongue her sorrows thus exprest If such thy will and I deserve the same Thou chief of Gods Why sleeps thy vengefull flame Be 't by thy fire If I in fire must fry The Author lessens the Calamity At length Our Mother Earth being a fellow sufferer in this hot persecution lifteth up her parched head out of the waters gathered together for her defence and holding her hands as a Fan before her face Thus powreth forth her dolefull grief O God of Gods If this be thy pleasure and my deserts Why sleep thy thunderbolts If I must perish by fire Let thy fire be my Executioner And so credit my death Thee O Jove being the Author Dixerat haec tellus neque enim tolerare vaporem Vlterius potuit nec dicere plura suumque Retulit os in se This said her voyce her parched tongue forsooke No longer could she smothering vapours brooke But down into herself with drew her head Near to th' infernal Caverns of the dead When shee had done prayers she shrunk in her venerable head for heat would not permit her to use Complements Which Oration no sooner came to Great Jupiters ear but he presently sends relief At Pater omnipotens superos testatus ipsum Qui dederat Currus Consiliumque vocat tenuit mora nulla vocatos The Almighty calleth a Parliament Summons â—n both Lords and Commons to the Counsel For â—lthough none can deny but that the Omnipotent hath an absolute power without the consent of â—he Inferiour Gods his subjects both to abrogate â—ld and institute new Laws yet such is his Royal indulgence that he will do neither without their consent Yet search the Catalogue of Antiquity and you will never finde a President that his Lords or Commons did ever dispute his authority much less assume his power and pluck the Regal Diadem from off their Soveraigns head It is his goodness which makes them capable of a Consent his Statutes are binding without it But to return Jupiter determins the death of Phaeton and dasheth him out of the Chariot with a violent thunderbolt and re-establisheth Royal Phoebus in his Throne Intonat dextra libratum fulmen ab aure Misit in aurigam pariterque animaque rotisque Exuit saevis compescuit ignibus ignes Et Phaeton rutilos flamma populante capillos Volvitur in praeceps He thunders and with hands that cannot erre Hurls lightning at the audatious Charioter Him strook he from his seat breath from his brest Both at one blow and flames with flames supprest And soul-less Phaeton with blazing hair Shot headlong through a long descent of air Now have you seen both the ascention of Phaetoâ— into the Chariot and his descention out of it Mâ— prayers shall be that I may never rise so high tâ— fall so low But the greatest Tyants in the world have oftentimes the greatest pompe of the world at their funeral to compleat their earthly happiness Therefore Reader take his Epitaph and consider whether it is not better to live a faithfull subject then dye a bold adventurous Traytor Hic situs est Phaeton Currus auriga paterni Quem si non tenuit magnis tamen excidit ausis Here lies Phaeton who though he could not guide His Fathers steeds in high attempts he dyed The Entrance of the AUTHOR who complaining of the times wherein the good are ejected and the wicked kill and take possession sheweth that those who unjustly against law are driven out of their own Country are not banished But that those who are unjust acting against right and deserve banishment by law are banisht though they continue upon their native soil With an Antidote out of venerable Petrack for all aswell Kings as other men who are illegally expelled from their Country THus ended Phaeton and consequently the History with him from whose ruins I will take my Exordium And Exemplo monstrante viam imitating my Mother Earth in her persecution shalâ— first lift up my head and hands to the God oâ— Gods and begin with a short Ejaculation though in King Davids words yet the same in effect with hers Summe Deum liceat periturae viribus ignis Igne perire tuc clademque autore levare Be 't by thy fire if I in fire must fry The Author lessens the calamity Let me fall into the hands of the Lord for very great are his mercies but let me not fall into the hands of man O happy David O happy Prayer O happy Success
with all Religions but be sure to lead the Van in the most prevalent it matters not whether it be true or false let them look to that who intend to obtain eternal advantages of it we look no further than to enjoy the temporal A Bird in the hand is worth two in the bush It is the greatest obstacle to generous actions not to personate that Religion which will serve ones purpose best be it Canonical or Apocrypha and doubtless that Religion which brings the greatest profit and largest incomes is the most sacred and most consonant to Scripture But why should I blur my paper with the Description of this deceitfull Parliament the Theory whereof is become practical almost in every City Let us therefore lament at the funeral of our Laws and Religion and throw one sprig of rosemary into the grave where all our Rights Libertyes are buried That Son giveth cause of suspition of his Legitimation who will not mourn at his Mothers death And surely he was never a true born Son of the Church or Law that will not shed a tear when they are both fell to ruin Some though very few good Eleazors amongst us have lost their heads and lives for our Laws and Religion And although I am not worthy to dye a Martyr for them Haud equidem tali me dignor honore Yet whilst I live it living tears shall fall from mine eyes for them For Qâ—is talia fan do Mrmidonum Dolopumve aut duri miles Vlyssis Temperet a lacrymis Who what Puritan Independent Anabaptist Presbyterian Quaker c. Or Red-coat as bad though not worse than any of them can restrain his Adamantine heart from grief and his eyes from tears when he considers the deplorable conditions which they have brought upon our Kingdom Who as it now plainly appeareth had no other quarrel against King than because they were not Kings themselves nor no other reason against Episcopacy than because each of them was not a Bishop They could never yet produce any argument sufficient unless the sword to prove that King or Bishop was not Jure Divino And now behold what the sword hath brought them unto I remember Cadmus sowed the teeth of a Serpent which sprung up armed men who presently destroyed one the other I will not determine that the seed of these men came from a Serpent but sure I am they cannot deny themselves but that they destroy each the other like Cadmus his men They kick the Government of our Kingdom about from one to the other like a foot ball And it will be marvail if some of them do not break their shins a swell as their consciences before the game is ended They make the Government Proteus-like to turn into what shape they please a true Common-wealth indeed being common to so many Rivalls And as the unruly Quadrupedes whirried about the Chariot Phoebus their lawfull Soveraign being absent untill they had set the whole world on fire so it is to be doubted that these headstrong Bears having cast away the rains of true obedience will not leave to wurry us untill they have brought us to utter ruine O England England Hei mihi qualis erat quantum mutatus ab illo How is thy fame besmeared and thy honour laid in the dust Once the envy of the whole world for the glory of thy Laws and Religion now become a by-word and a laughing-stock to all Nations Venit summa dies ineluctabile tempus The Sentence is already past and the decree is gone forth and nothing can avert the wrath of an angry Deity Tantaene animis caelestibus irae Can the Almighty be so passionate We want a Moses and we want an Aaron to intercede and make an attonement for us We want a Jonah to preach repentance And we want the hearts of Nineveh to entertain it We have done worse than to touch the Lords annointed and have killed his Prophets all the day long We have not reverenced his Sanctuary But have made it a den of Theeves and Stable for Beasts not altogether so bad as our selves O God why hast thou cast us off for ever why doth thine anger smoak against the Sheep of thy pasture O deliver not the soul of thy Turtle Dove unto the multitude of the wicked Forget not the Congregation of thy poor for ever Fuimus Trâ—es fuit Ilium ingens Gloria Toucrorum Remember thy old mercy and remember our former estate For though now like People like Priest The Prophets lye and the People would have it so Yet like Bethlehem we have not heretofore been the least amongst the Princes of the World We have had those who have thought it Melius tondere qaam deglubere oves better to trimm us than to flea us and Melius servare unum quam occidere mille better to preserve one than kill a thousand Who have been Tardus ad vindictam ad benevolentiam velox slow to do evill and revenge but swift to do good and reconcile Loving Pax bello potior peace better than war and esteeming it Pro patria mori pulchrum honourable to dye for their Country Which they have done and all Law Religion Justice and Equity with them Cum uno paricidio junxerunt juris divini naturalis juris gentium omnium legum publicarum privatarumque eversionem reipublicae perturbationem libertatis populi oppressionem Senatus abolitionem nobilitatis exterminationem innocentium damnationem peculatum aerarii publici direptionem solennis conventionis infractionem perfidiam jurisjurandi violationem statuum omnium confusionem immo subversionem Tempora mutantur nos mutamur in illis Sal. Therefore let no man be offended if I attend the funeral and say something on the behalf of the deceased It is a Christian duty and none will account it superstition to give an Encomium at burialls where it is due unless those who account it superstition to deserve well themselves De mortuis nil nisi bonum We must say nothing but good of the dead Therefore behold the Monument in these insuing political Aphorisms The Monument of the Laws or Regal and Political Aphorisms whereby the Prerogative of the King and the just liberties of the People are set forth and authorized by the Law of God and the Law of the Land KIngs are Jure Divino by Divine right to be obeyed and not by violent force of subjects to be resisted although they act wickedly Prov. 8.15 By me Kings raign Dan. 2.21 He removeth Kings and setteth up Kings Prov. 16.10 A Divine Sentence is in the lips of the King Prov. 21.1 The Kings heart is in the hand of the Lord. Job 34.18 Is it fit to say to a King thou art wicked and to Princes ye are ungodly Prov. 24.21 Fear thou the Lord and the King and meddle not with them that are given to change Eccl. 8.2 I counsel thee to keep the Kings Commandment Exod. 22.28 Thou shalt not speak evil of thy Prince
Floud or the Confusion of Babel yet it is as true that there is a Regal right continuing in the Father-hood even untill this day and that the next heir to Adam ought to have the Supreme power as it is true that the father hath right ought to govern his Children or as that it is a rule Qui prior est tempore potior est jure He that is eldest by Law ought to rule For God told Cain the eldest brother Gen. 4.7 That unto him should be the desire of his youngest brother and that he should rule over him which continueth a Law until this present time But though we know not which is the next heir to Adam in any convention of the people which is the fault of our ignorance not of nature yet since God hath told us in his Holy Word that he only disposeth of Crowns as he pleaseth Therefore they can not go out of the right line so long as he directeth and guideth them though the right in the Father-hood lye dormant Every King is a Father therefore every subject must be obedient to his fatherly power otherwise he will break Gods Commandment viz. Honour thy Father c. God only had right to give and take away Crowns and thereby to adopt subjects into the allegiance of another fatherly power Therefore no less false than execrable is their opinion who promulge that all men whereby nature born free from subjection and that they had no Governour but by the peoples assent and chusing when it is most apparent that God gave the Supreme power to Adam and that all men since were born subjects by nature Our Saviour was subject to his Parents will Luke 2.51 And doubtless those men are free from all goodness too who profess themselves born free from subjection to their Prince or their Ancestors before them But suppose all men were born free by nature and that the people originally by nature had power to chuse a King after what manner or how is it possible for them to make their choice it must be by the joint consent of every reasonable creature Male and Female Old and Young Babes and Antient men Sick and Lame all at one time Nemine Contradicente for if natural freedom be granted to all the Major part of the whole people in the world or the Major part of the people of a Kingdom have no power to binde the lesser part to their consent and agreement Every one being as free by birth and having as much power as any other For the Major part never bindeth but where men at first either agree to be so bound or where a higher power so commands Now there being no higher power than Nature but God himself where neither Nature nor God appoints the Major part to binde The consent of the Major part is not binding to any but only to themselves who consent Those who are born afterwards according to the tenets of natural freedome are not bound by their consent because by nature they are likewise born free But if it should be true as it is false that men are all free born by nature yet have not they power jointly or severally to alter the Law of nature Now by the Law of nature no man hath power to take away his own life How then can the people or any single man give that power to another which he hath not in himself If he killeth himself for any offence he is a murtherer Therefore if any man claiming no other power but what he hath from the people do take away the life of any man though in a way of publique justice he is a murtherer and the man so killed is a felo de se Because the man slain had no power to kill himself and so consequently he which killed him had no power neither For Nemo potest plus juris in alium transferre quam ipse habet No man can transfer to another a greater right and power than he himself hath Tyrants are either with a Tittle or without a Tittle Their qualities Kings have their power immediatly from God not from the People proved in Adam and by Gods own Word in several Texts of Scripture by the suffrages of the Fathers and other Writers and by the Lords Prayer and Doctrine The several sorts and degrees of power instituted by God and the Commission whereby God gave power to Adam The honour which God hath bestowed on Kings and his special care and owning them How Kings are said to be instituted immediatly by God The Israelites did not sin in desiring a King and his power and praerâ—gative set forth by the Prophet Samuel Saul was chosen for his virtues and was not vitious at his inanguration Proved from Adonijah and Solomon that God only maketh Kings not the People The Arrogance and presumption of the pragmatical People of England in claiming power to make and unmake Kings condemned who will have none Kings but themselves Monarchy the best of Governments LEt us now set upon this Monster a Tyrant who is either cum titulo vel sine titulo with a title or without a title A Tyrant cum titulo or Exercitio is he who being a legal Soveraign ruleth by his depraved will and treading under foot the Laws of God and his Realm enslaveth his free born subjects and useth their goods as his own A Tyrant sine Titulo is he who usurpeth the Soveraignty without the Authority of the Law and subverteth all Rights and Religion making what Laws he pleaseth or else squareth his actions according to the rule of the known Laws For he that hath no Title to the Soveraignty but usurpation is a Tyrant though he live so piously and religiously that to the world he seems a Saint Here I could willingly cast Anchor and stop the progress of my pen from sayling any further into this rough Ocean of Tyranny But when I see the Sword and Scripture so much at variance the one fighting against the other then am I forced to put this question Whether a lawful Soveraign perverting the Laws of God and man and metamorphosed into an absolute Tyrant may by his subjects be called in question and punished at their pleasure The Sword saith he may and proves it by experience The Scripture though not with so much violence yet with more Reason and Religion both saith and proves it that he may not Mulciber in Trojam pro Troja stabat Apollo For the better decision of which question it is first necessary to be known whether the institution of Kings be immediatly from God or whether they be creatures made by the people receiving their power from their subjects and so to be dethroned when they vouchsafe to think convenient For art thou only a stranger in England and hast not known the things which are come to pass there in these dayes That there are new Statesmen who have found out a new discovery and hold forth these Sophisms for true doctrin That Royal
non usu valet argumentum But they all unanimously resolve and report the contrary Reader I Would not have thee imagine as some men through malice or ignorance do most impudently assert that when we say The King is absolute and above the Law that thereby is intended that the King is freed from and hath power to act against Gods Laws when he pleaseth No this is but their false glosse and interpretation For non est potentia nisi ad bonum hability and power is not but to good There is no power but what is from God and therefore no mortal man can have a power to act against God To sin and break Gods commandements is impotency and weakness no power For the Angels which are established in glory do far excel men in power yet they cannot sin The Law of God is above the King and he is bound to God to keep it yet neverthelesse he is an absolute King over men because God hath given him the Supreme power over them and hath given no power to men to correct him if he transgresse But God only whose Law only he can transgresse can call the King to an account Hoc unum Rex potest facere quod non potest injuste agere the King only is able not to do unjustly is a rule in Commonlaw and the reason is because the people do not give Laws to the King but the King only giveth Laws to the people as all our Statutes and Perpetual experience hath taught us Therefore how can the King offend against the Laws of the people or be obnoxious to them when they never gave him any Laws to keep or transgresse and then how can the people punish him who never offended their Laws Therefore the King must needs be absolute over the people and only bound to God not to the people to keep those Laws which God not the people gave him and as God is above the Laws and may alter them at his pleasure which he gave and set over the king so is the King above and may alter at his pleasure those laws which at his pleasure he gave set over the people still observing that he is free from all Laws quo ad coactionem in respect of any coaction from the people but not quo ad obligationem in respect of obedience to God by his obligation Therfore well might Solomon counsel us to keep the Kings commandement saying Eccles 8.2 I counsel thee to keep the Kings Commandement and that in regard of the Oath of God Be not hasty to go out of his sight stand not in an evil thing for he doth whatsoever he pleaseth Where the word of a King is there is power and who may say unto him what dâ—st thou These words are the words of God which King Solomon did speak by infusion of the Spirit In which you may see that the King doth what he pleaseth And we are commanded not to stand in an evil thing that is according to Iunius and Tremel translation perturbatione rebellione quae tibi malum allatura esset ageret tecum arbitratu suo sive jure sive injuria We must not murmur and rebel against the King though he deal with us unjustly He may be just when we think he is unjust The Kings heart is in the hands of God the searcher of all hearts as the Rivers of Water not in the hands of the people Therefore God not the people can turn it whether soever he will Prov. 21.1 King David was filius Dei non populi The Son of God not of the People Psalm 89.26 It was God who made him higher than the Kings of the Earth verse 27. not the People He was neither chosen of the People nor exalted of the People For I have exalted one chosen out of the people saith God verse 19. The exaltation was Gods and the choice not of but out of the people For I have found David my Servant with my holy oil have I anointed him saith God verse 20 Kings are the Children of the most high not of the people Psalm 82. Therefore who can say unto the King what dost thou If the people of England have power to depose and make Kings Why are they usurpers who by the power of the people destroy the lawfull King as did Richard the third and by the consent of the people established himself in the Government They are Kings de facto but not de jure as all our Books agree For the people have not the Soveraignty but the King Surely the people of England thought so when by act of Parliament they ordained that none should be capable to sit in Parliament before they had Sworn it vide 1 Eliz. 1.5 Eliz. 1.1 Jac. 1. And I am sure that the breaking of the Oath can give the Parliament no new Authority It is declared by the Lords and Commons in full Parliament rot Par. 42 E. 3. nu 7. Lex consuetudo Parliamenti 4 Inst 14. upon demand made of them on the behalf of the King that they could not assent to any thing in Parliament that tended to the disherison of the King and his Crown whereunto they were Sworn And it is strange to think that the House of Commons which is but the tail of a Parliament should have that power which both Lords and Commons had not But since there can be no Parliament without the King 4 Inst 1 2.341.356 We may conclude that these men being Traytors Rebels and Tyrants will take upon them to do any thing Defensive War against the King is illegal or the Great question made by Rebels with honest men no question Whether the people for any cause though the King act most wickedly may take up arms against their Soveraign or any other way by force or craft call him in question for his actions Resolved and proved by the Law of God the Law of Nations the Law of Nature the Laws of the Realm by the rules of all Honesty Equity Conscience Religion and Piety by the Example and Doctrine of our Saviour Christ all the Prophets Apostles Fathers of the Church and all pious Saints and holy Martyrs That the peoplâ— can have no cause either for Religion or Laws or what thing soever to levy War against the King much lesse to murther him proved in Adam The manner of the Government of the King Gods Steward and Stewart when he cometh described The Bishops Lords Prayer and Common Prayer Book must then be restored with their excellencies now abused He will lay down his life before he will betray his trust and give his account to any but God as did our last great Stewart his Father The blessednesse of the people when the King shall come and rule over them declared his Majesty The Christians duty towards their King laid open and warranted by the Death and Sufferings of Christ and multitudes oâ— Christians The madnesse of the people in casting oâ— the Government of a gracious King and submitting
all men an enemy to every honest man and every honest man an enemy to him a monster more hideous than ever the Poets could feign and more noysome and destructive to humane kind than any beast the world ever bred a Devil in humane shape If you do not yet conceive his nature I will give you a further description of him A Tyrant without a Title who indeed is most properly called a Tyrant is he who levieth war against his King killeth him and takes the Government upon himself or who of his own authority against the will of the people without election or right of succession neither by lot by will by gift by just war nor speciall calling of God doth take upon him the Soveraignty Take notice Reader by he way That the Subject can have no just war against his King A forein Prince may have a just cause to levy war and if he conquer his Title is good and just by the Law of Conquest So if ones own natural Prince be kept out of his Country by the Rebellion of his Subjects and he afterwards come with a forein Army nay with fire and sword as we say that is putting all to the sword who resisted him and burning up all that they have yet if he subdue the Traytors he is no Tyrant But if any man without any right or title usurpeth the Government and aspireth unto the Soveraignty though afterwards he squareth his life according to the rules of moral honesty and liveth as one may say according to the Lawes Yet notwithstanding he is a Tyrant for all this A Thief when he hath taken a mans purse from him will in company stand upon his Terms of honesty as much if not more than an honester man Yet this after sanctity will not purge a Tyrant from his former sin He must restore home that which he wrongfully and unjustly keepeth before he can be a true penitent and nothing but true Repentance can wash away the guilt of former sins Therefore Equo ne credite Teucri trust him no further than you can see him before he hath cast off the unlawfull robes of Soveraignty and put on the honest habit of a true Subject Eor Latet anguis in berba Let his outside be never so Religious he is a knave in his heart his pretentions and his intentions are seldome of affinity But may any private hand stick this wild boar may any publick or private man stab or otherwise destroy this Tyrant before he be tried according to the Common course of the Law Grounding upon the Law of God the Law of Nations the Law of Nature and the Common Law of the Realm I give judgement against him that as a stroyer of humane kind and society every man may lay violent hands on him and execute him For which according to the Laws and writings of antient Fathers he deserveth perpetual honour propounding to every one who should kill such a Tyrant most ample rewards viz. honourable Titles of Nobility and prowesse arms statues Crowns and the goods of the Tyrant as to the true deliverer of his Countrey By the Law of God Whosoeuer sheddeth mans blood by man shall his blood be shed Gen. 9.6 And what Tyrant ever was there who did not shed mans blood Nay by the Law of God That man who will do presumptuously and not hearken to the law is to be cut off that the evil may be put away from the Land Deut. 17.12 Exod. 21.14 All the Civil Lawyers do unanimously give judgement against him and esteem that man as one who doth God and his Countrey good service who shall rid the world of this viper By the law of nature every man is obliged to preserve himself And what better means can he use for his preservation than to destroy this elf this Wolf amongst men For who can say any thing is his own who can say his life his goods or estate is secure so long as a Tyrant reigneth By the Common Law of the Realm if any one set upon me to rob or take anie thing away from me I may lawfullie pistol him stab him or otherwise destroy him and by the same reason and law for ubi eadem ratio ibi idem jus I may destroy a Tyrant for the onely difference betwixt a common highway man or Burglar and he is their strength and might the one is a little thief the other a great one As when Diomedes a pirate was taken and brought before Alexander saith he Ego quia uno navigiâ— latrocinior aâ—cusor pirata tu quia ingenti classe id agis vocaris imperator si solus captivus esses latro cris st mihi ad nutum populi famulentur vocarer Imperator I because I rob with one poor ship am accused as a Pirate thou because thou robbest with a great Navie art called an Emperor If I had as great and strong a companie of robbers with me as thou hast and thou wast alone and a Captive as I am then thou wouldest be the thief and I the Emperor So may every common thief high-way man cutpurse or Burglar say to the Tyrant when he is brought before him For mutato nomine Fahula de te narratur When the Tyrant murthereth any honest man and taketh away his estate he pretends it is for the safety and good of the Common-wealth calling him Traytor to the State So it is for the safety of a thief to kill the man he intendeth to rob But the Tyrant he dazles mens eyes with new invented names for his magna latrocinia his great thefts having nothing honest in them but the very names For when he exerciseth his robberies and sendeth some of his messengers who are indeed no better than thieves to rob men that he calleth Excise So when he setteth upon the whole Nation he compelleth them to make a purse for him that he calleth Taxes And this kind of thievery is so much the more remarkable because he maketh the owners like fools gather the monies for him themselves Nay such is the stupidity of these Dromedaries that if they have scarce monie enough to buy themselves bread or to pay their Landlord his just Rents yet they will trot about to gather monies for this Tyrant their common enemie before they will lift up a hand against him They will let their Churches drop down for want of repair and Law and Religion and all fall to the ground before they will let the Tyrant misse of a farthing of his demands Tanta est insania mundi So great is the madnesse of men And the reason why the Law alloweth every man to kill a Tyrant and take that vengeance which in other cases is reserved to God and the Magistrate is because there is no other remedy and Gods Lawes cannot be otherwise executed for the Tyrant maketh himself above all law possesseth himself of all Forts strong Holds Garisons and the Magazine of all Armour so that by the greatnesse of his villanies
which is not subject too but resisteth the power shall receive damnation but whosoever with defensive arms resisteth the King is not subject to but doth resist the power Therehe which with defensive arms resisteth the King shall receive damnation The Major no man can deny the Minor is inviolable and the Conclusion is perfect and sound There be those indeed who do confidently averr and have written a book too that there were men before Adam but I could never see any Scripture but their own interpretations and meanings to warrant their averments And untill Mr. Pryn can produce Texts of Scripture to warrant and maintain his confident averment he must excuse me if I still hold St. Paules Doctrine Canonical and his averment meer Apocripha For suppose the King subverteth both Law and Religion yet doth not that take away his supreme power he is still a King and Gods ordinance Saul was a King though an impious sinner and there have been wicked Kings as well as wicked Subjects to do evil saith one is no power but impotency therefore if the King command me to murther my self my Father to destroy my Country or to do any other wicked act I will not do it but obey God not him because it is his corruption not any power he hath from whence his commandment proceedeth and therefore I am not obliged to obey him because I must be a Subject to his power not to his sins yet if he should run after me with a naked Sword to kill me my Father my Mother ruine my Country Laws and Religion Yet would not I with defensive arms lift up my hands against him to resist hurt and destroy him because he is still my King and hath still that supreme power which God placed in him although he doth not then execute it and therefore if I should with defensive Arms lift up my hands to resist hurt and destroy him I should with defensive Arms lift up my hands to resist hurt and destroy the Ordinance of God and so receive damnation for my reward Not to perform the Kings command is a resistance although we suffer death Therefore if it be the Kings power and not his wicked will which commandeth me to do an evil thing if I did not perform his evil commandment I should resist his power and so be lyable to damnation although I patiently and meekly suffered death But doubtlesse the Kings power cannot command me to do any evil but it must proceed from his sinfull will for God is not the Author of any unrighteousnesse and there is no power but what God is the Author of therefore according to venerable Bede the Apostle doth not say Non est cupiditas nisi a Deo est enim mala cupiditas quae non est a deo nocendi autem voluntas potest esse a suo quoque animo pravo That there is no concupiscence but what is of God for there is an evil concupiscence which is not from God and the evil will of sinning proceedeth from our own depraved mindes therefore if the King command me to do an evil thing I ought to obey God not his wicked will but rather than to lift up my hands against him though in my defence I ought cheerfully and meekly to suffer a thousand deaths for by dying unjustly here I shall live eternally in Heaven and since the Glory of a Christian is the Crosse by suffering and dying a Martyr I shall obtain everlasting Glory and by my thus doing well I shall get praise even of the Power which the Kings wicked will made use of to destroy me but defence against the power of a King is offence therefore if with defensive arms I should fight against him I should resist Gods Ordinance and so receive damnation for by Gods Ordinance the King hath the power over all and his Actions ought not to be questioned or resisted by any but the Almighty But for my part I hold clearly that when the King executeth Tyranny taketh away the Lives or Estates of his Subjects unjustly that he doth it not only by reason of his wicked will according to the precedent distinction but by force and virtue of his power which God hath given him and that this is the power which St. Paul commandeth us to be subject unto which if we resist we shall receive damnation and that for several reasons It is most certain that there is no power but of God the powers that be are ordained of God for by him were all things created that are in Heaven and that are in Earth visible and invisible whether they be Thrones or Dominions or Principalities or Powers all things were created by him and for him Col. 1.16 Which expressions in the Abstract do expresse existents in the Concrete from whence it followeth that bad Kings have their power from God and are Gods Ordinance as well as good And it is manifest in Scripture that wicked Kings are often sent for the punishment of a Nation as in Hosea 13.11 I gave them a King in my wrath and took him away in mine anger And God commandeth us to pray for and be subject not only to the good but also to the bad Kings I exhort you that Prayers and Supplications and Thanksgiving be made for all men for Kings and such as are in Authority 1 Tim. 2.1 Thus Abraham prayed for King Abimeleck Gen. 20.17 And Jacob blessed the King of Aegypt Gen. 47.10 Yet the Kings of those times were Infidels and most notoriously wicked No man is ignorant that Nebuchadnezzar who destroyed Jerusalem was a great spoyler and oppressor yet the Lord tells us by Ezekiel that he had given unto him the Land of Aegypt for the good service he had done in laying it waste on his Commandement And Daniel said unto him thus Dan. 2.37 Thou O King art a King of Kings for the God of Heaven hath given thee a Kingdom Power and Strength and Glory and wheresoever the Children of men dwell the Beasts of the Field and the Fowls of Heaven hath he given into thy hand and hath made thee Ruler over them all Again to Belshazzar his Son Dan. 5.18 The most high God gave unto Nebuchadnezzar thy Father a Kingdom and Majesty and Glory and Honour and for the Majesty that he gave him all people Nations and Languages trembled and feared before him And again Jer. 27.6 I have made the Earth saith the Lord the Man and the Beast that are upon the ground by my great power and by my outstretched Arm and have given it unto whom it seemed meet unto me And now have I given all these Lands into the Hands of Nebuchadnezzar King of Babylon my Servant and the Beasts of the Field have I given him also to serve him and all Nations shall serve him and his Son and his Sons Son untill the very time of his Land come And it shall come to passe that the Nation and Kingdom which will not serve the same Nebcchadnezzar
his Common-Counsell they are but only Ministerial Servants and by the Writ it is clear that they are no part of the great Counsel of the Kingdom they are but the grand Inquest and general Inquisitors of the Realm to find out the grievances of the people and Petition to the King for redress the Burgesses and Citizens to present the defects in their Trade and the Knights of the Shires the burthens and Sores of their Counties they ought not nor are not admitted into the House before they have sworn that the Kings Majesty is the only and supreme Governour over all persons in all causes This oath did every Member of the long Parliament take before they set foot into the House of Charls the Martyr whom they afterwards murthered and took possession themselves of all that he or his royal progeny had or should have let the world judge how faithfully these Keepers kept their Oathes and Covenants Now forsooth none must come into the House but those who first swear that the King who is is not but that they who are not are the only supreme Governours over all persons in all causes And will these oaths be kept 'T is perjury to keep them Thus they joyn hand in hand and oath to oath but it is but to do wickedness for like King Davids Rebels they make a Covenant against their King and would murther him as they did his Father if they could catch him but nulla pax malis the wicked cannot hold together long though they unite their forces into one intire body yet it is but like Samsons Foxes by the tailes only to set the world on fire When the Commons have taken the oath of Supremacy and met together in a body collective in the house they have not so much power as a Steward in his Leet or a Sheriff in his Tourn for they cannot minister an oath imprison any body but themselves nor try any offence whatsoever much less try their King and assume the Legislative power At a conference the Commons are always uncovered and stand when the Lords sit surely these are no marks of Soveraignity They indeed chuse their Speaker but after their choice the King may refuse him at his pleasure and make them chuse another and Lenthal himself as all other Speakers do did when he was presented to the King disable himself as a person unworthy to speak before the King yet now he is styled the Father of our Country How the world is turned up-side down These Parliamentiers heretofore were wont to be arrested by any common Person and lyable to all Sutes and punishments as other men untill the King graciously passed an Act for their indemnity 4 H. 8. ea 8. So that they are nothing but what the King made them nor have nothing but by his grant and all that the King did make them appeareth by the Writ which is to do and consent to such things as the King with his Common-Counsell should ordain Then stay Reader and behold stand still with thy head and hands lift up to the heavens and admire with what impudence and oppression tyranny and usurpation the long Parliamentiers are fraught with who never had any other legal power than by the Kings Writ and have lost that by the Kings death yet tyrannize over three kingdoms calling themselves the Representatives of the whole Kingdom and that they were intrusted by the People with the Supreme and Legislative power which God and all the world knoweth is as false as the Almighty is true For first they do not represent the King the head nor the Peers who are the higher and nobler part of the kingdom therefore they are not the Representatives of the whole kingdom neither were they ever entrusted by the People with the Supreme and Legislative power Nay the people did never confer any power on them at all for by their Election the people did but design the person all the power the Commons have proceeded from the King which is contained in the Writ by which they were called As Free-holders worth forty shillings a year and free-men of Cities and Borroughs would make very unfit Electors of Supreme Magistrates so never did they they cannot make any Election of their Commons untill the King commandeth and giveth them power they have no power so to do of their own much less to authorize supreme Legislators The King giveth liberty to Towns and Cities to make choice of Burgesses which had no such power before the Kings grant so that all the power which the Commons have floweth from the King not a drop of it from the people Therefore if the Commons exceed their commission to wit the power given them by the Kings Writ it is illegal and their actings void in Law and since the power given them by the Writ is extinguished by the Kings death the Long Parliament is by Law dissolved and all the power which they take upon them since is usurped illegal and Tyrannical and contrary to the Lawes both of God and man And to make their Tyranny the greatest under the Heavens they protest to the world that the Representatives of the people ought to have the Legislative power yet they give Lawes as they call them to Scotland and Ireland not having so much as one Member from both Kingdomes in their representative body nor the eighth part of the Representatives chosen by the Counties Cities and Burroughs in England So that no Tyrants since the Creation of the world did ever equallize these either in cruelty or absurdity wickednesse or foolishnesse yet forsooth in 1649 they made an Act that it should be High Treason for any one to affirm the present Government to be Tyrannical Usurped or Unlawfull or that these Commons are not the supreme Authority of the Nation So thieves may murther the Father and take away the inheritance from his Children and then make a Law that it shall be high Treason for any one to call them thieves or usurpers or to say they had not the supreme Authority Thus they defend Tyranny with Tyranny and one sin with another Unumquodque conservatur eodem modo quo fit Things impiously got must be impiously kept They got their authority by blood and by blood it must be kept they juggled themselves by lyes into the supreme self-created authority and we must lye and say they are the supreme authority only because they do otherwise we shall be executed for high Treason against this infamous conventicle So that of necessity we must displease God if we please them and live no longer than we sin for they have made it a capital offence to speak truth I must confesse most men amongst us are frighted with this scarr-Crow not only to lye and affirm the long called Parliament to be the legal supreme authority but also with St. Peter forswear and deny their persecuted Lord and Master the King accounting no weather ill so they be by their warm fire
if we had all sworn allegiance to them They rid furiously but in a short time the Breech being too heavy for this new Head they moltered away to nothing Though the Rump had for a time hung down its tail betwixt its Leggs yet at length it begun to wagg it and whilst the Safety of the Committee of Safety was marched into the North under its Father Lamberts Conduct the Currish Rump stole into the House again by night seven times a Devil worse than before where now they ride Triumphant and without the peoples consent or liking make what Laws they list and Assesse what Taxes they please send their mercenary Souldiers who would fight for the Devil if he would give them mony into the City in the night time and take the Citizens mony away from them pretending that the Citizens provide it for Charls Stuart but when the Citizens prove the contrary then they tell them they will secure it for them So Burglars and Thieves take away mens purses from them and then tell them they will secure them for them These are the Keepers of our Liberty These are they who stood so much for the privileges of Parliament and for the peoples free election of their Representatives Now they account it a great Breach of Privilege of Parliament to petition to them for a free Parliament and imprison them that are for it So Robbers may account it dishonesty for those who are robbed to ask for their own and imprison them as disturbers of the Commonwealth Although these Tyrants have built themselves great houses and filled their baggs and coffers with the estates of their Masters whom they murthered and with the unparallel'd impositions which they have laid upon the people yet do they still resolve to rob the spittle and have newly made an Act for the Assessement of six hundred thousand pounds Oh that the English should provide monies to maintain their devourers Though we have not bread to suffice our own hunger yet must we find dainties and moneys to fulfill their lusts though they take away our straw yet we must still provide a greater tale of bricks so that of all the Tyrants in the world which History or men acquaint us with these are the greatest There was Justice in Phalaris his bull but these men have only the colour of Justice Other Tyrants were but shadowes these are the Quintessence of all Tyranny and perdition I will not plunge my self into such a bottomlesse Labyrinth as to attempt to particularize all their villanies Non opus est nostrum I am not able nay the quickest pen of a ready writer would come farre short of so great a task The Histories of after ages will resound with these Turpia Dictu the people of our age have only time to feel and indure the miseries of this Tyranny subsequent generations will have leisure to tell the story Et haec olim meminisse juvabit Methinks I already hear the Post-nati those who will be born thousands of years hence relating one to the other the marvellous Tyranny which happened to our Nation after the Reign of Charles the Martyr and in what manner the King was murthered and how Charles the second was afterwards driven into an un-christian Exile and likewise rehearsing what persons they were which acted all these villanies so end with a Te Deum laudamus blessing God for the tranquillity peace and plenty which they enjoy under their Gracious Soveraign Lord the King The Persian Law commanded that at the death of their Kings there should be a suspension of the lawes a lawlesse liberty for the space of five dayes that the subjects might know the necessity of Government and learn to prize it better by being bereft of the benefit of it for a time Sure I am a lawlesse liberty hath reigned amongst us ever since the murther of Charles the first therefore I hope our present torments for want of a King will sufficiently prohibit all future ages to think of offering violence to their Kings and teach them to know that a bad King much morâ— a good King as was Charles the Martyr is an unvaluable blessing if compared to the Government of that many headed Monster the People or their Representatives in Parliament The peoples eyes were all fixed upon General Monk as their Moses to deliver them from this iron yoke of Egyptian bondage But Omne malum nobis ex Aquilone venit From the Cold North Comes all Ill forth Monk prov'd worse than Pharaoh himself and instead of relieving of our distressed Jerusalem which he might have done in the twinkling of an eye without one drop of bloudshed and thereby have gotten eternal renown and glory as well amongst all Nations as in his own native Country he heaped misery to misery and executed such a grand piece of Tyranny that none in the world unlesse those Harpies his Master Rebels at Westminster could invent On Thursday the ninth day of February 1659. In perpetuam rei memoriâ—m he drew up all his souldiers into the City with their matches lighted in a warlike posture doubled his guards and tore down all the gates â—nd posts of the City neither did his intoxicated malice stay upon the gates but leapt upon the Aldermen and other Citizens whom he presentâ—y cast into prison so that now he is become odious and stinks in the nostrils of all the Citizens and People and whereas he was the common hopes of all men he is now the common hatred of all men as a Traytor more detestable than Oliver himself who though he manacled the Citizens hands yet never took away the doores of their City whereby all manner of beasts as well the Wolves at Westminster as other out-lying Foxes and Birds of prey may come in and destroy them when they please So that now iniquity followeth iniquity and the wicked joyn hand in hand and oath to oath to persevere in their Rebellion And although no sacred Oaths Protestations Vowes or Covenants could keep them in lawful subjection to the King they now think with unlawful oaths to tye one the other fast to their usurped Tyranny So that the Kings righteous cause is now in a seemingly worse condition than before and he may complain with Holy King David That the Rebels have cast their heads together with one consent and are confederate against him But why art thou cast down O my soul or why art thou disquieted within me Cannot God who permitteth these Rebels to reign as easily cast them down Knowest thou not this of old since man was placed upon earth that the triumphing of the wicked is short and the joy of the hypocrite but for a moment Though his Excellency mount up to the heavens and his head reach unto the clouds yet he shall perish for ever like his own dung they which have seen him shall say where is he He shall flee away as a dream and shall not be found yea he shall