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A55871 The primitive cavalerism revived, or, A recognition of the principles of the old cavaleers published on occasion of some late pamphlets and papers, reviving and justifying the pretentions of the long Parliament, begun in 1641 / by an old loyal cavaleer. Old loyal cavaleer. 1684 (1684) Wing P3468; ESTC R3036 10,924 12

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Elective Kingdom when they devoled it on any one Patriark and his Successors this was also an elective Kingdom in the origination of it but became in process and Succession an Hereditary Monarchy or Kingdom And such are most of the Kingdoms of the World at this day As for Democracy wherein the whole body of the People meeting in their Comitial or General Assemblys did make Plebiscita or popular Decrees it is hard for me to guess how Patriarchal power ever came to be so ravilled out into that form unless the Multitude forced their Patriarks to yield them a share in the Government either by Tumults or Secessions and departing from their Nobles or Patricii of which there are many instances in the Roman Common-Wealth for that any People whether the heads of several Familys or the whole body of the People should only conditionally intrust the Government in the hands of a Soveraign or a Senate with power of revocation of their trust upon Male-administration is such an unpolitical phancy as deserves to be exploded by all who wish well to the Peace of the World and of the Nations in it for such a constitution carrys self-destroying principles in it seeing every ambitious or discontented person making himself Popular might easily perswade the multitude who are generally prone to Change and Querulous against their Governors that their Superiors had forfeited their trust and they might resume their Power betrusted and commit it into better hands And to be sure when an Army was on Foot whose Commanders were prompted by their interest in the Soldiery to aspire this pretence would be ready at hand that the Soveraign or the Senate had failed in their trust and that the People might reassume the Government and withal that Populus Armatus is est Populus that those who had the Arms of the Nation in their hands were the People This was the very Plea which the Phanatick Army under Cromwel did make and it pleased us Old Cavaleers well when we saw Cromwel turn the point of this Principle upon his Masters and turn the Rump out of doors alledging and with truth enough that they had failed in the trust reposed in them by the good People of England On the same account we Old Cavaleers detested as unpolitical and laying the Foundation for perpetual civil jars the swearing of Allegiance to the Supream Power with limitation as it was in that called the Solemn-League and Covenant Pagragraph the 2d wherein they promised to preserve the Kings Person and Authority in the preservation of the true Religion and Libertys of the Kingdoms When therefore the Scotch Commissioners Pleaded their Engagement by Covenant to appear against the Execrable Murdering of our late Soveraign the Royal Martyr I well remember that the Rump in their Declaration and answer to the Papers of the Scotch Commissioners Pleaded that the Covenant only obliged them to endeavor the Preservation of the Kings Person in the Preservation of the true Religion and the Libertys of the Kingdoms and that in limited Propositions Limitatio est pars potior the Limitation is the predominant part And that therefore seeing it was apparent to them that the King had violated the true Religion and the Libertys of the Kingdoms they who had taken the Covenant as well as the Scots looked on themselves as obliged by Covenant to depose the King and bring him to condign Punishment But our Contemplations in prosecution of this Subject about the Original and exercise of Power ran yet on further for we observed that there were two parts of the Patriarchal Governing Power appointed by God namely the Legislative Power to enact wholsom constitutions for the good of the Clan or Family He is the Minister of God to us for good Rom. 13. And the executive Power to put those Laws in Execution as also to compell his Descendents to obey the Divine Laws both Moral and Positive and this also was part of the executive Power For where human Powers command what God hath commanded before their Laws are not constitutive but only declarative of the duty only they may be constitutive of the Penalty and Sanction Both these Powers the Legislative and executive under which is comprized the Power to Levy moneys for this cause pay you Tribute Rom. 13. were intirely in every Patriark But when many Patriarchates or Clans were imbodied into a larger Regality or Kingdom by voluntary compact it is easy to conceive that these Powers might be diversly betrusted And the former the Legislative Power might only be intrusted to the elected King and his Successors in concomitancy with the other Patriarks But still we are to observe that if the Elected King and his Successors had only a Vote in the making Laws with the other Patriarks so that the Majority of Votes over ruled against his Vote then tho he had the name King he was indeed no King nor Supreme Governour but only the chief Magistrate such were the Kings of Sparta the Lacedemonian Government therefore is reckoned truly an Aristocracy or Democracy But some Nations might perhaps find out a better way namely that the Legislative Power was betrusted to the elected Patriark and his Successors yet so that it should not be exerted without the consent of the combining Patriarks but still the Legislative was so in the King that the Votes of all the combining Patriarks could not constitute Law without a Le Roy Le Voult the King consents and commands it to be And this Government undoubtedly is a Monarchy not deprived of any part of the Power Patriarchal but only restrained in the exercise of one part of it namely the Legislative without the concurrence of others But we observed further that though in a Monarch there might be a restriction of the exercise of the Patriarchal Legislative power there could be none in the exercise of the Executive power for if that could not be exerted but with the consent of others such a Nominal King was no Monarch or Supreme Governour but only the chief Magistrats as we said before And no man can reasonably suppose that a Patriark who had the plenary power both Legislative and Executive over his own Clan and probably was the cheif in puissance amongst the Patriarks combining as the Hethites told Abraham Gen. 23.6 My Lord thou art a mighty Prince amongst us would ever consent to abate any thing of his Regalia over his own Clan as to the Legislative and suffer others to have a restraint upon the exercise of it unless upon the terms premised viz. That the exerting his Legislative should not indeed be without the Concurence of the other Patriarks but withal that all they Voting together should not be able to make a Law without his Royal Authority and consent and that also the intire executive Power not only over his own Clan but even over the Combining Patriarks and their Clans should be his without Compere or Coordinate Thus Samuel expounds to the Israelites