And why shall we think other wayes of it seing the Conquerour came not to the Crown of England by blood-right but by meer Conquest having the whole Kingdom of England against him And Polydore saith Hinc colligere licet vel Edovardum non servasse sidem Gulielmo quam à principio de hereditate regni non satis considerate dedisset vel nullum qnod verisimilius est fecisse promissum Angl. hist lib. 8. This he gathereth from that which Edward spake to Haraldus whileas he prayed GOD that either he would avert the comming of England into the Conquerours hand or else that he would keep him back from it so long as he lived Therefore to me it is more then apparent that the Confessour did not in his Testament assigne the Conquerour to the Crown albeit Salmasius alledgeth the contrary Def. Reg. cap. 8. What Doth not Polydore tell us that because Edgarus was of young and tender years he was not admitted by the people to reigne And fearing lest the Conquerour should succeed to the Crown they rejoyced greatly that Harald took upon him to reigne in Edward's room Whereat as may be learned from Polydore Edward was not displeased himself but very well satisfied that Harald should succeed to him Whereupon we fear not to say that not onely the power of enkinging was in the people's hands but also that the Confessour did not promise the Kingdom to the Conquerour after him although the contrary be alledged And is it likely that the people would have so much declined and withstood the Conquerour if Edward had assigned him to the Crown as his heir No verily for they adored him as their Law-giver It is known that Rufus was but third son to the Conquerour and yet he was created King Him the people preferred before Robert his eldest brother What Would they have done so if blood-right by the Law of the Kingdom had been the title to the Crown No verily It is remarkable that Rufus was ordained King and it was not so much as objected that Robert was elder then he he being but the third son to the Conquerour and Robert being the eldest Yea Rufus dying without children they appointed Henry the Conquerours fourth son King as yet passing-by Robert the eldest And which is more though Henry 1. had left in his Testament his daughter Mathildis together with her sons as heirs of the Kingdom yet not withstanding the people created Steven Nephew to Henry 1. By the authority of Parliament it was ordained that Steven so long as he lived should enjoy the Kingdom of England and that Henry 2. son to Marthilais daughter to Henry 1. should succeed to Steven in the Kingdom of England passing by any that was begotten by Steven Likewayes the people created John King although K. Richard dying without heirs had lest Arthure son to Gaufredus who was elder then John heir to the Crown I might speak more for clearing this putpose but I forbear judging this sufficient Whence it is more then evident that the Crown of England since the dayes of Edward the Confessour by no Law of the Kingdom is hereditary I confesse since that time now and then the Kings eldest son did succeed and was holden as Heir of the Kingdom But this was onely by custome through favour of the Race in which according to the manner of Nations which I must needs call an abuse very ordinarily the first-born is preferred as the onely lawfull Heir of the Crown Therefore seing the Crown of England since that time hath not been at least precisely hereditary to me it seemeth very probable that for that time it hath not been absolute and arbitrary for so the original and fountain-power of enkinging is in the People's hands And consequently in this respect the People are simply above the King as the cause is simply above its effect Philosophers say That can a est nâ—bi◠〈◊〉 effect 〈◊〉 And so seing the King of England dependeth from the People no question they have simply a power over him and not he an absolute power over them Secondly Because according to these Laws the liberty of the subject is vindicated and the Prince is subjected to Law Because in Henry 1. his time a Parliament was holden At which time Parliamentary Power by the Law of the Kingdom was declared the Supream and highest Authority for any thing of weight was referred to it So that whatsoever was done either by the command of the King or of the People it was holden null unlesse it had been ratified by the Parliament In it every one whether King or other Members thereof have alike and equal power of speaking And withall nothing spoken in it is of validity and force unlesse it be concluded on by the major part together with the approbation of the King Polyd. Ang. hist lib. 11. It is observable That by the authority of the Parliament it was ordained That Steven so long as he lived should remain King of England and that Henry 2. afterward should succeed him By whose mediation and authority the debate between Henry and Steven touching the Crown was decided And I pray you how could these things have been unlesse the Parliament had been above the King Inst 4. But saith Salmasius the power of convocating and dissolving the Parliament belongeth to the King of England The power of the Parliament is extraordinary and pro-tune But the power of the King is ordinary and perpetual And likewise the King of England in Parliament hath a negative voice And therefore in many Acts of Parliament he is called the King and Lord of the Parliament and what is ordained is enacted in his Name And so saith he though the King of England doth act according to the Laws of the Kingdom and concurrence of his Parliament yet notwithstanding he is an absolute King Otherwise the Kings of the Jews had not been absolute who had power to do nothing without the consent of the Sanhedrin And Artaxerxes had not been absolute who could not be reconciled to Vasthi because the Law discharged it Yea if Kings were not absolute because they act according to the Law and the advice of their Parliament then Cambyses had not been absolute who conveened a Councel whileas he intended to marry his german sister and demanded of them if there was any such law for allowing such a marriage Def. Reg. cap. 8. 9. Answ Salmasius shall do well to consider these few things 1. What the power of the English Parliament is Which is defined by Camdenus to be made-up of three Estates having the highest and most sovereign power in making Laws confirming Laws annulling Laws interpreting Laws and in doing every thing wherein the good of the Commonwealth is concerned Brit. chorog de Tribun Ang. This is far from Salmasius mind who Def. Reg. cap. 9. opinionateth that the Parliament hath not power over every thing in the Kingdom But Polydore summeth-up the power of the Parliament under these notions First
though they had power of convocating and dissolving it It is not unknown that their power notwithstanding was a non-absolute and limited power Alex. ab Al. ibid. Pompon Let. de mag Rom. cap. 15. Fenest de mag Rom. cap. 7. So say Festus and Coelidus 2. What honour is given to the King And if Salmasius will consider this aright he will find that there is a vast disproportion between his honour and his power and that there is more given to him in word then in deed The King of Scotland cannot be called by Salmasius or any other an absolute Prince This afterward shall most evidently appear And yet in many Acts of Parliament he is called the Parliament's Sovereign Lord and King and what is enacted in Parliament ordinarily it is expressed under the King's name Salmasius imagineth that this maketh much for his purpose whileas it is said Dominus noster Rex ad petitionem suorum proelatorum comitum baronum congregatorum in Parlamento constituit certos articulos In praf stat voc Art sup chart temp Ed. 1. i.e. Our Lord the King at the desire of his Prelats Earles and Barons assembled in Parliament constituted certain Articles In Parlamento supremi domini Regis illius concilium convenit it a proeceptum est ab ipsomet In stat Escheat fact 29. an Edv. 1. i. e. In the Parliament of our Sovereign Lord the King his Councell conveened and so it was commanded by himself The like we have in the Acts of the Scotish Parliaments Eodcm die Rex per modum statuti ordinavit Jam. 1. Parl. 6. act 83. i.e. The same day the King by way of Statute ordained Rex ex consensu totïus Parlamenti statuit ordinavit act 84. i.e. The King with consent of the whole Parliament did statute and ordain But Parl. 5. act 81. the King withall getteth a very lordly stile Item the said day our sovereigne Lord the King with consent of the whole Parliament ordained The Scotish parliamentary acts are full to this purpose But can any therefore conclude that the King of Scotland is an absolute Prince No verily Kings get such honour and every thing for the most part is enacted and emitted in their name not because they have power and dignity above the Parliament but because they are the highest and chiefest Members of Parliament And let me tell you people are so much deluded with the greatnesse of the King that they cannot give him onely that which is his due but they ascribe that which is due both to him and Parliament to him alone People know better how to idolize Kings then how to honour them Yea people are more ready to obey the King then the Parliament And therefore I think Parliaments that will have Kings for effectuating their purposes do wifely to emit Acts in the King's name and set him a-work to execute them Therefore Salmasius shall not need to boast with this that the King of England is called the Parliament's Sovereigne Lord and the Parliament the Councell of the King The like he will find more then once amongst the Prefaces and Acts of the Scotish Parliaments Yet he or any for him can never prove that the King of Scotland is an absolute King He shall therefore do well left he confound things which should be divided to distinguish carefully between that which the king hath re tenus and what is given to him but nomine tenus And so he will find that though the king of England hath as much nomine tenus as if he were an absolute Prince yet re tenus he is subjected to Law And whereas he alledgeth kings may governe by advice and counsell of Parliament and yet may be absolute and have a negative voice the like say I too But he shall give me leave to say that such have not such a vast power as he talketh-of as afterward is shewed I confesse the examples of Ahasuerus and Cambyses are to the purpose though the man fail a-little concerning the jus of the kings of the Jewes as afterward is shewed Howsoever though I grant this yet shall he never prove that the king of England according to the Law of the kingdom is an absolute Prince and hath a negative voice in Parliament He can never shew me that the king of England had the same power which the king of Persia had Inst After the Conquerour saith Salmasius in Rufus ' Henry 1◠Steven Henry 2. and Richard 1. did remain purum putum Monarchicum the power of even-down and unmixed Monarchy And though faith he in the reigne of King John that power was lessened yet was there nothing derog ated from the King's supremacy and absolutenesse remaining unviolated untill the perjured English rebels at this day have altered and diminished the just greatnesse of the King of England Def. reg cap. 8. Ans I admire that this man knoweth nothing but to rail on them whom he knoweth not Well I cast him over into GOD'S hands and fall to examine what he alledgeth Sure I am not withstanding all his railing it cannot abide the touch-stone It is known to be a manifest lie which he alledgeth concerning the immediat successours of the Conquerour It is reported in even-down terms that these kings of whom Salmasius expresly speaketh esteemed Norman Laws established by the Conquerour too rigorous and unjust And therefore before they got the Crown they promised to the people to abrogate them and in place of them to establish the Laws of the Confessour Yea every-one of them promised more then another and to keep themselves within the bounds of Law to the very heart's desire of the people This was not only promised by themselves but also by others in their name And unlesse they had so promised they could never have gotten the Crown They got it upon the expectation of the accomplishment of their promise as the English Histories do abundantly storie And it cannot be denied but Henry 1. did give the Englishes a free Parliament and made it the government of the kingdom So that he is called the first king in England in whose time the power of Parliament was established And as for John it is very well known that because he did not stand to his oath and promise at his Coronation for establishing the ancient Laws of the kingdom but endeavoured to governe after the manner of the Conquerour in an arbitrary and loose way therefore the people rose-up in arms against him and dethroning him did set-up another in his room And whereas this man saith that the ancient Lawes of the kingdom did not derogate from the supremacy and absolutenesse of the king the contrary of that is already proved It seemeth strange to me that he is not ashamed to affirm that what Laws were established by Edward the Confessour and granted by King John were preserved inviolable to this day derogating nothing from the absolutenesse of John's successours Who knoweth not that the liberties of Magna
Charta and de Foresta subject the King to Law And because that Henry 3. did not stand to the maintenance thereof after he had given his Oath at a Parliament at Oxford to maintain them inviolable therefore the People took up Arms against him till after many debates between them they caused him often to promise that they should be inviolably observed as well by him as by all other Thus they tied not only him but also his heirs to govern according to the ancient Laws of the Kingdom And because Edward 2. did act against these Laws following the counsel of Peter Gaveston and the two Spensers therefore he was imprisoned and dethroned after several conslicts between him and the People 'T is remarkable that the People refused to crown him till firstly he did put P. Gaveston from him And likewise Edward 5. was deposed after he had reigned two moneths and eleven dayes and was obscurely buried in the Tower of London Where then I pray you is the absoluteness of the King of England Inst 6. Under Edward 4. saith Salmasius it was enacted That the King might erect a publick Judgment-seat by his Letters patent in any part of the kingdom he would Under Henry 7. it was enacted and declared That the King had a full power in all Causes in administring Justice to every one In the first year of Edward 6. a Statute was made declaring all authority both Spiritual and Temporal to be derived from the King Def. Reg. cap. 9. Answ I must needs say This hath more colour of probation then any thing the man as yet hath objected But not withstanding this he will do well to observe this distinction 1. What is given to the King by way of complement and Court-expression 2. What is giving to him in reality and by way of action The truth is in the first notion there is as much ascribed to the King of England as if he had been indeed an absolute Prince On him you have these Court-Epithets The King of the Parliament The sovereign Lord of the Parliament Yea and the Parliament is called The Parliament of the King He is called The Original both of Spirituall and Temporal power having full power over all causes and persons and to crect Judicatories in any part of the kingdom where he pleaseth This is spoken But what then Examine the matter aright and you will find it but spoken What cannot Court-Parasites and flattering Councellors passe a fair compellation upon their Prince 'T is the least thing they can do to bring themselves in credit with him Read the Parliamentary Acts of Scotland and you will find just as much spoken if not more of the King of Scotland In Parl. 18. Jam. 6. Act. 1. 2. James 6. is called Sovereign Monarch absolute Prince Judge and Governour over all Estates Persons and Caâ—ses And yet who dare say but the King of Scotland according to the Law of the kingdom is a regulated and non-absolute Prince But according to the second notion let us examine the strength of these Epithets And so in the first place we fall a-discussing particularly these three Sanctions of which Salmasius speaketh The first faith That the King by his Letters patent may erect Court-Judicatories in any part of the Kingdom where he pleaseth This will never conclude that the King of England hath an absolute power This Act only speaketh of his power of calling inferiour Judicatories What is that to the purpose The King of England had power to call and dissolve the Parliament the highest Judicatory of the Land Yea Henry 1. did ordain and constitute the Parliament Yet notwithstanding that as is shewed already the King of England cannot be called absolute The King of Scotland hath power of giving-out Letters of Caption Parl. Jam. 2. chap. 12. Courts of Regalities are justified by the King's Justice chap. 26. And the Parliament petitioned the King to cause execute the Act anent the Establishment of Sessions for executing Justice chap. 65. The power of the Colledge of Justice is ratified and approved by the King Jam. 5. Parl. Edinb Mar. 17.1532 But who will therefore call the King of Scotland an absolute King The second Sanction giveth the King full power over all persons and all causes But I pray you doth this give the King power over the Parliament and Laws No verily It only giveth the King power over all persons and estates separatim but not conjunctim as conveened in parliament Which cometh just to that which Aristotle faith alledging that the King hath power over all seorsim but not conjunctim Polit. 3. cap. 11. And he is said to have a full power not because his power is absolute and boundlesse Verily it must not be taken in a simple and absolute notion but in a relative and comparative sense It doth not imply the exemption and immunity of the King from Civill and Politick subjection to Law But at the most it pleadeth for exemption to him from forraine power and subjection to forrain laws This is evident by comparing this sanction under Henry 7. with stat 18. Rich. 2. ch 5. Where it is declared that the Crown of England is free without subjection to any other Crown but is onely subject immediatly to GOD in every thing which relateth to the managing of it's Affairs The like is spoken Henry 8. Par. 24. So we find the like fulnesse of power pleaded-for to the King of Scotland ITEM It is thought expedient that since our Soveraign Lord hath full jurisdiction and free empire within his Realm that his Highnesse may make Notares and in time to-come that no Notare made nor to be made by the Emperour's authority have faith in Contracts Civill unlesse he beapproved by the King's highnesse Jam. 3. parl ch 38. This exemption is pleaded for to the King of Scots from subjection to the Imperiall Lawes But who I pray you for this will conclude the King of Scots to be an absolute Prince having immunity and freedome from all Lawes whether muncipall and Country-Lawes or sorensick and forrain And as for the third sanction the words whereof be these Omnem authoritatem spiritualem temporalem derivari a Rege you shall be pleased concerning it to observe this distinction There be two termes in the act it-self one concerning temporall and another concerning spirituall power We begin at temporall power The King may be called the originall of it two wayes 1. Formally i.e. as if all temporall power were therefore authoritative and juridicall because of the Kingly power it being only in it-self effentially authoritative and commanding This we deny to be the sense of the sanction in respect of temporall power It is not onely repugnant to Magnacharta the ancient Lawes of the Kingdom the nature of Parliaments appointed and ordained in Henry 1. his time to the oaths and promises of Rufus Henry 1. their successoursto act and govern according to Law but also to the ordinary practices of the
Estates who in maintenance of their Liberties and the ancient Laws of the Kingdom did rise in armes against their Kings and caused them nilled they willed they to subject their necks to the yokes of Law Amongst other of their practices this is very remarkable that albeit they had saluted Ludovick as their King and put him in the room of John yet notwithstanding in the end they declined him and in his stead crowned Henry 3. John's son This speaketh much of the States power above the King 2. Virtually It cannot be denied but in this notion all temporall power dependeth from the King And that two wayes effectively and vindicatively Effectively because the King of England had not onely power of conveening dissolving the Parliament of ordaining inferior Judicatories but also by him the Parliament of England was firstly instituted and ordained Vindicatively because it was his part to patronize and execute the acts of Parliament at least as the main and prime man of maintaining and defending them The like power the Kings of Scotlana had also as is clear from their Acts of Parliament But as for the spirituall power of the King of England I stand not much to confesse that he had a formall and Ecclefiastick power in Church-matters and that what power the Church so called had was derived from him It cannot be denied but before the conquest there were Ecclesiasticall Laws made by many Kings of England as Inas Alfred Edward the elder Gythrum Ethelstane Edmund Edgar Aetheldred Canutus and others In the interim this Gentleman shall do well to observe that the King of England had not alwayes this power It cannot be denied but Lanfrancus Anselmus and Berket going to complain on their Kings and Governours firstly brought the Pope's judiciall authority from Rome into England both over King and people Which supremacy of the Pope over the Church of England untill in and about Henry 8. his dayes who did shake-off the Pope's yoke did continue And so Edward 6. succeeding to him to me it is more then probable that by the scresaid sanction made in his time the ancient power of the Kings of England in Church-matters was taken out of the Pope's hands and put upon the King And it cannot be denied but according to Edward the Confessour's Lawes the King of England had a primary formall and Ecclesiastick power in Church-matters I stand not to grant that But what though I should say that according to this statute made in Edward 6. his time the King of England had a primary and originall power and that formally both in respect of spirituall and temporall jurisdiction yet will it onely conclude an absolutenesse of the King according to Law but not against it It no wayes denudeth the people of a fountain-power to desend themselves against the unjust decrees and actings of the King The Roman dictatour had an absolute power in judging and yet it was lawfull for the people to repeal his acts in their own just defence Many times have the People of England defended themselves from their King and stood by their own liberties notwithstanding the King 's acting against them What I pray you is it for me to say that the King of England by this act is called the originall both of spirituall and temporall power under a formall notion Is he not called also the King and Sovereign Ford of the Parliament Is not the Parliament called his Parliament Is not every thing ordinarily acted and emitted under his name Is it not ordinarily said It is ordained by the King With the eonsent or at the desire of the three Estates It is very seldome said It is ordained by the King and Parliament But I pray you what be these but Court-complements They are words and nothing but words Go conser them with the practice of the Parliament and you shall finde the one just contrary to the other No wonder forsooth because the King getteth more honour then he hath power Trie this and you will find it an ordinary practice Aye which is more cannot a corrupt Parliament through the defection of the times give the King more then what is due to him either by the Law of GOD or by the law of the Nation Know we not that Parl. 18. K. Jam. 6. through the backsliding of the times did advance him to greater priviledges then the King of Scotland by the Law of the Kingdome had or can be warranted by the Law of GOD Indeed I will not say so of Henry 8. for it is known that in his young years he did put the managing of the Kingdom into the hands of the Princes as did others of his predecessors before him And as for Edward 6. I must needs say his times were better then any times of his predecessors But it appeareth to me that as both Henry and he have encroached very far upon the liberties of the Church so called so did they encroach too far upon the liberties of the State But leaving Henry of whose power I find not so much spoken as of Edward I must tell you one thing concerning Edward and it is this Those who write of him and namely Foxe do crie him up beyond all the Kings of England for piety wisdom and learning And Foxe runneth so far out in his commendation that he esteemeth him inferiour to no King though worthy to be preferred to many Whereupon he feareth not to match him with Josiah and put the qualifications of both in one ballance Which maketh me imagine that the foresaid act emitted in Parliament under Edward's reign did passe in his behalfe because of his personall endowments The like act upon that same ground though in respect of him it was meerly pretended without any reality in his person did passe Parl. 18. upon K. Iam. 6. Thus the case is extraordinary We denâ—e not but because of personall endowments Kings may be and have been advanced to greatest power What will this conclude an ordinary president thereof and a standing law therefore No verily There is no consequence from extraordinaties to ordinaties The standing ancient lawes both of England and Scotland are against absolute Princes Of scotland and of England we have spoken already at length Verily the example of Edward 1. though there were no more may serve to clear oâ—r purpose He to repair what was done amisse by his father Henry 3. who was at variance with the people touching the liberties of Magna charta and de foresta did much gratifie the people restoring them to great liberty and abrogating all lawes which did make for the bondage and slavery of the people Howsoever the matter be five sic five non these sanctions above-cited by Salmasius do conclude the Parliament to have power above the King The reason is because if we look precisely on these acts what power the King hath is from them They not onely declare but also they enact and ratifie his power to be such such And so the
king's power is the creature of the Parliament depending from it as the effect from the cause But sure I am cause est nobilior suo effectu And consequently if the king hath an absolute power by vertue of the Parliament then must the Parliament's power be more absolute for prepter quod unumquodque est tale illud ipsum est magis tale And nemo dat qnod non habet Inst 7. Bractonus saith Salmasius doth averre that the King hath power over all that is in his kingdome And that those things which concern peace and power do only belong to the Royal dignity Every one saith he is under the King and he is inferiour to none but to GOD as reason requireth In power be ought to be above all his subjects for he ought to have none like him nor above him in the Kingdom De Angl. Monar lib 4. cap. 24 fect 1. lib. 1. cap. 8 sect 8 lib. 2. de Reg. In Rich. 2. stat 18. cap. 5. it is said Corona Anglie libera fuit omnt tempore non habet terrenam subjectionem sed immediate subdita est DEO in omnibus rebus nulli alteri Act. 24 Parl. Henr. 8. Regnum Angliae est Imperium ita ab orbe fuit acceptum Act. Parl. 24 Hen. 8. Quod hoc tuae gratiae regnum nullum superiorem sub DEO sed solum tuam gratlam agnoscat Euit est liberum a subjectione quarumcunque legum bumanarum Cap. 9. Ans We stand not to glosse Bracton's words He lived in Henry 3. his dayes And finding the King and States at variance about superiority as a Court-parafit he wrote in behalf of the King as Royallists do now-a-dayes He did just so as they do now Bracton had that same occasion of writing in behalf of the King which Salmasius hath to-day As the late King was at variance with the people of England for claiming absolute power over them so the controversie stood just so in Bracton's time between Henry 3. and the people But I pray you was it not as free to Bracton to flatter Henry as for salmasius to flatter Charles Leaving this man to himself I hasten to examinet he strength of these Acts which Salmasius citeth And in a word they do not plead so much for the absolutenesse of the king as of the kingdom They do not speak de Rege Angliae of the king of England but de corona or Regno Angliae of the Crown or kingdom of England Howsoever none of them doth speak for immunity and exemption to the king of England from municipall but from forraign Laws And therefore they declare the Crown of England to be a free Crown and subject to no other Crown and the kingdom of England to be a free kingdom subject to the Laws of no other kingdom I confesse they declare the king to be above the kingdom and inferiour to none but to GOD. Which is true indeed taking the kingdom in esse divisivo but not in esse conjunctivo Indeed the King is above all in the kingdom sigillatim one by one And in this respect he is inferiour to none but to GOD though taking the kingdom in a collective body he be inferiour thereto Inst 8. In the first year of James his reign in England the Parliament acknowledgeth him to have an undoubted title to the Crown by blood-right And therefore they did swear alleageance both to him and his posterity Whereupon Camdenus saith that the King of England hath supreme power and meer empire De Brit. lib. And Edvardus Cokius saith That according to the ancient Laws of the Kingdom the Kingdom of England is an absolute Kingdom Wherein both the Clergy-men and Laicks are subjected immediatly under GOD to their own King and head Cap. 9. Ans As for that concerning James we make no reckoning of it He was declared the righteous and undoubted heir of the kingdom through the defection and back-sliding of the times What other Kings of England hinted at before that he did execute Because he became King of Great Britain and entered the kingdom of England upon blood relation therefore slattering Malignant and Antichristian Counsellours did declare his title to the kingdom of England to be of undoubted hereditary right I pray you friend were there not Malignants then as well as now I may say there were moe then then now at least they had greater authority then what Malignants have now a-dayes And tell me do not Malignants at this day make use of the King 's pretended greatnes and hereditary right to the Crown of Britain for cloaking their knavery and effectuating their malignant purposes Do not you imagine but Papists and Malignants in England had that same reason for them to make use of K. Jame's power What I pray you is the over-word of Papists and Malignants in Britain to-day The King say they is the undoubted heir of the kingdom and absolute in power Who then should rise against him This is even the most they have to cloak their knavery and to cast a lustre upon their Antichristian and malignant endeavours Do you imagine that the devill was sleeping in K. James time No verily And there hath nothing been done these twelve or thirteen years by-gone whether against State or Church but what was moulded then The very plat-form of all was cast in his dayes By the Scotish Parliament his power was declared absolute And by the English Parliament his right to the Crown of Englana was declared undoubted and hereditary They stood not to swear obedience to him and his posterity into all ages And how far on he drew the power of Episcopacy and how much he acted for intruding the Masse Book upon the Kingdom of Scotland is more then known Many wits and many Pens in his dayes were imployed for carrying-on and effectuating malignant antichristian designments Sal. is a child to object from the practice of the English Parliament in K. James time He may as well object for evincing his purpose from the practice of the Parliament holden at Oxford by Charles And if he doth either of them he doth nothing but beggeth the question He telleth us that the Parliament of England K. James an 1. declared and enacted his right to the Kingdom of England to be undoubted hereditary Well I can tell him that William the Conquerour the Normane-Lawgiver doth denie to the King of England any such title or claim to the Crown Diaaema regale saith he quod nullus autecessorum meorum gessit adeptus sum quod divina solummodo gratia non jus contulit haeriditarium Nemincm Anglici regni constituo haeredem sed aeterno conditori cujus sum in cujus manu sunt omnia illud commendo non enim tantum decus baeriditario jure possedi sed diro insiictu multa effusione sanguinis humani perjuro Regi Haraldo abstuli interfectis belfugatis fautoribus ejus dominatui meo subegi Camd. Brit. chorogr deser
be asked Whether or not ought the People to resist the Magistrate Say I The lawfulness or unlawfulness of their resisting only dependeth from the nature of the quarrel It is clear to me as is fully evinced in the following Treatise not only the whole Power but also any considerable power of the People may vâ—ry justly resist the Magistrate in maintaining and promoting their own just Liberty and freedom for as the whole Power of the People is superiour so any considerable part thereof is not inferiour to the Magistrate's power And thus my judgment leadeth me no other wales to resist a tyrannous Magistrate but as I am added by Providence to that Body whose Quarrel is not only just but also whose Power is either superiour to the Magistrate's Power or at least so far equal to it as that it is in a capacity of resisting it Now if I either mistake the Quarrel or the considerable capacity of resisting 't is my rashness to engage against the Ruler and just with God to punish my seditiousness though my engaging be upon zealous and conscientious accompts Let a very Pâ—ter be rebuked though in zeal he smile Malchus not being able to maintain his act of Resistance As to example had I a year or two since spoken or acted against the late Parliament me thinks I had not only done unwisely unless as I said before I had been raised up extraordinarily as were the Prophets of old in speaking and acting against the tyranny of the Magistrate but also seditiously But now it is high time for me or any wel-wisher of the People's Liberty to speak and act in our several employments and vocations against the late Power As it is time to sail when tide and wind make and no sooner so it is time to engage and no sooner for Freedom and Liberty when either the People's willingness or a standing Power call for it Then let every man according to his ability whose ambition is to promote just Freedom and Liberty improve his time letting no occasion slip but strike the iron while it is yet hot Sooner it is folly and latter it is but a beating of the air And thus let every cordial wel-wisher of Freedom walk wisely neither going a step before nor a step behind the willingness and power of the People in promoting the foresaid Interest The Quarrel of just Freedom not arightly timed is lost labour and an untimely birth This possibly will be called Policy rather then Piety But it matters not if this Policy be true Divinity as is already shewed to be He is worthy of all commendation who neither resisteth the Ruler's superiority nor thwarteth but promoteth the People's Liberty Thus is he neither rebellious nor malignant but obedient to his superiour during his Command and faithful to the Interest of the People Let me obey the Tyrant so long as he commandeth but side with the People when they oppose him Beside what I have spoken if I may be called to counsel I would willingly offer some of my earnest wishes unto your Lordship O that constrained maintenance for upholding Priests Chaplains and Masters in Universities were at an end Oh that all who are able and willing to preach the Gospel might be encouraged with all due freedom and protection therein upon all occasions and in all convenient places without molestation whether in private or in places of publick meeting All which shall come to passe when that is accomplished which is foretold in Isa 26.12 14 15. As for annual Representatives the levelling of the Law subjecting all to it without exception the disposing so of all Rents Revenues Forfeitures Sequestrations and such like as that competences may be provided out of them for all that want they be things too high for me I only take liberty to speak in order to such things as immediatly relate to the Freedom of Saints and the Fall of Babylon As to Religion's Interest every wel-wisher of Zion may use freedom Howsoever I judge it needless for me to speak any thing of these last particulars seeing as I conceive they are already taken into consideration by all these who mind the true and just Interest of the People Nay but my Lord J cannot forget how that one day after another J hear large discourse of Levelling But though the most part be for it excepting the Rich as it was of old in the dayes of Agis and Gracchus J cannot well learn what is intended thereby Only J do find in it these two things which be either redundant or defective as to the nature of right Levelling First some understand no more but the levelling of the Law Secondly others overturn propriety so much as that they intend no more use of the Creation but here to day and yonder to morrow J shall not dispute this case at present but only adde some few words to what is spoken in this matter As J understand people so much the more cheerfully ought to engage to promote their just Civil Freedom and Liberty how much the more the fall of Babylon and the interest of Zion are concerned therein 'T is a debate to me to engage for the one the other not being linked therewith though self-defence be lawful upon all accompts Howsoever the Quarrel of the Lamb is that which J heed most But if your Lordship and others in power will allow me in this case to remonstrate to the world the practice of the Jewish Athenian Lacedemonian Roman and of other ancient and notable Commonwealths J shall be most willing to do so at command And J shall endeavour to publish nothing but what is according to the Scriptures the practice of the chiefest Commonwealths the judgment yea and practice of the chiefest States-men Philosophers Orators and Historians O! but all of us will be prevented in these things by the sudden approach of the Ancient of dayes who being come will level spirits powers and estates Till then there will be no more but the beginnings of Liberty the earnest of what shall be when the Lord alone shall be exalted staining the pride of all Glory and bringing into contempt all the Honourable of the Earth Yea as I conceive it is impossible a solid and entire Freedom can be established till His approach for then He shal judge among the Nations becoming our Lord our King and Law-giver the Law going out of Zion and the Word of the Lord from Jerusalem I rest satisfied in the expectation thereof not exercising my self in great matters nor in things too high for me When he cometh crooked things shall be made straight and mountains shall be made valleys The Lord will hasten it in his time Lastly J would offer my judgment to your Lordship concerning the Power of the People in choosing Rulers J shall only hint at this in a word To me it is clear that as Nature in the state of fallen-man unlesse all should go to ruin cannot be without Government even though all men