[...] that the Lawes made in the reigne of any King, are no matters of Office or Oath, but m [...] grace and goodnesse, and that it is in the will of the Prince to deny or grant what he pleas [...]. Indeed, Henry the eight with his owne hand interlined these words in the Oath, as may appeare by a copie in the Memorialls at E [...]mbeth, where after made and chose [...] added with my consent. So that for Folke we have Nobles and people, and that [...]st [...] b [...] [...]n Parliament where they meete the King, and have power to make and choose their Lawes: and good reason it should be wi [...]h the consent of the King. The [...]le [...] ­ion is theirs not the Kings, and what is made and chosen for a Law, hath the essence and being of a Law; for the Kings consent addes not to that which it was before, but to the approbation corroboration▪ and confirmation. The Peeres and People in a bill bring the law made and the King consenting it beares His image and super­scription and goes for good and lawfull authorities as money does having received his impression: So that no man doubts lawes are not perfect permanent and perpe­tuall, till they be established by the King. Take an example in Dan. 6. 7. 8. a great Counsell makes a decree, a Royall statute▪ and brings it to the King to signe it and so it becomes immutable, and Darius cannot deliver, Dantell by pleading his cause an whole day. Such are our Lawes made by the people in Parliament, and it is strange we should strugle with so plaine a Truth; that three estates make the Lawes is evi­dent to all men; the people by election, the King by confirmation all by consent. Come we then to that [...]ical [...]heticall, and Legislacive power that is in them all & how can that be subordinate in them which is supreame in them all, and yet not three Supremacies in them, but one in all causes and over all persons▪ when persons make one Supremacy it is above nature, when States and Offices it is morall and Politicall. No person but one is Supreame in our Kingdome, and yet this per­son is a policie in the Parliament, and a third estate or politick body, & is combined with two more & though I cannot derive a Parliament, (as some have done) of Par & Lamentum, yet the Notation is now too true that they have equall cause to mourne together: But the truth is that he that is sine Pari in his Person, hath Pares in His Coun­sell equall estates, and so we cannot expresse them by the word Subordinate but Co­ordinate, Coequall, and Co-essentiall in the same power By Vnion they may doe all things for our good. By Communion they are inabled to doe it and by consent no man may contradict them. Ignorance should not be in us to divide them by deser­tion, for persons may be absent, when all the three Estates are present, and may doe in the absence of the rest what is necessary for our preservation. The King is the great [...] or [...], [2. Thess. 2. 6. 7.] He with-holds our perfect peace, whom we desire not to remove, but to reconcile to His Councell. A Councell it is and he in it as Paul was in Corinth, [1. Cor. 5 3] in his power, but they want His Person to perfect their Lawes. Pride is humbled by an heavy correction, and we should not stand upon it who shall rule but remember where now all men have their right not in personall, but politique commands. As for contention it is coloured too much, and peace would now be the most welcome meroie we could desire in our misery.

Out of the clause, [Rot. 1. R. 2. M. 44] We read these words; Our Lord the King hath taken His Corporall Oath, which being declared to the People by the Arch-bishop, He inquires of the people [...]f they would consent to have him their King [...], and Liege Lord &c. A plaine Declaration of their Election which should have gone before his Oath, but that they had consented at the first to a Succession, by vertue whereof the [Page 3] person was designed; for election may be without succession: but when it grants to the heire the same Right it granted to the Predecessour the election is limited, and the people asked pro forma: yet with good signification, as Fortescue saith, that the first living thing in a Kingdome was the peoples intention, which as the heart in the body gives the first life to the head, which is made the fountaine of justice, potestate a populo effluxa by the influence of power from the people Lawes (he saith) are as ligaments uniting, and may not be changed by the head, which is not the first that lives, or so absolute as to doe what it will; for it is not a receiver for it selfe, but the use of the giver, and such fountaines may not faile the people of the trust they have put in them. The Royall Power is mixt with that which is Politique, and in all causes and over all persons cannot be used but in Parliament, and truely Regall power thus united to the politique is never righteous but in Courts of justice, and the Parliament. being the highest, the King hath no Supremacie above it, and so the oath of Supremacie is against usurped power, which the King himselfe may usurp, if he goe against his politique Power, as well as the Pope that would raise a Consistory above him, and judge him out of his Courts of justice, and the Court it selfe, if it subject not him, and his exempt proceedings: Wee grant the King a power to call all Councells, to be in them as supreame head and Governour, and by our Oaths are bound, no forraine power shall judge over us; but such onely as we yeelded unto, which is not in personall but politicall commands; and therefore the people should not be scar­red with Royall, but unrighteous Proclamations; for by the Constitution of this Kingdome, the King is straitly tyed to a politique Power, and when he will be Regall without it, he may threaten and punish, but he shall doe it unjustly. The Law hath forbidden the arming of Papists, commanded that armed, they be disarmed. If the King by a personall command shall bid them arme, and forbid the Magistrate to disarme them, he is to be obeyed in neither; but the Magistrate by Law may doe what the King contrary to Law opposeth him in.

We shall cleare this point, more fully in handling it against the answerer of the Ob­servetour & hope the people will not by legall power be driven from their obedience, to that which is politicke; many reproches are cast upon the Parliament, and the King is alwayes alleadged alleadged for the Argument to justifie them. The Parliament is condemned of faction against the King, lest they that make it should incurre the fault, and these will not see their error in dividing the Royall and politick power. which is truly the faction on their side, for the Parliament preserves them both together, and these destroy them by their division. They accuse them of many injuries, and doe them themselves; for they force the Parliament to Ordinances, because they will suffer the King to consent to no Lawes. They cause them to be proclaimed Rebells by Royall power that will not obey it without that which is politicke. They cry out of exactions in a parliamentarie way, that they may oppose it in one that is arbitrary, and extra­judiciall. They would have the people resume their power; and restraine their pur­ses, and turne Royalists in that unrighteous course they have alwayes complained a­gainst; and now conceive to be relieved out of all Courts of justice, is the best pro­ceeding to secure their Estates. I pray God the greatest Enemies bee not in their er­rours to destroy King and Councell and by such taking of parts we perish by a third partie that may passe betweene both, and master us in the end. Zeale would arme us throughly, if we were wise in the least degree to see the policies that make against [Page 4] us. The division is made out of Parliament, and the danger is not in it, but those that worke out of it, to keep the King from it, and as long as he is absent, we can never looke for Peace. Three Estates are in it, and all by an equall right to doe us good. the King and the Lords by a native power, the Commons Ele [...]ive from them that have given the first consent to the whole policy, and have reserved so much right to them­selves as to make a third co-ordinate power to joyne with the rest, and to subordinate these is to ruine the whole Councell, and make us slaves to the will of one man, and subjugate the politick to Regall; but no righteous power.

The Kings call is that they all be present together, his Majestie as the heire of the Kingdome, his Peeres by their Birth, and the Commons by the peoples Election The first sheweth a Monarchie, the second an Aristocracie, and the third a Timarchie, I avoid the word Democratie by the writ, which appoints not the people to choose any but the gravest and most discreet men amongst them. Anarchy is no forme of Government, Democratie a vicious forme▪ for if we will ranke things aright, there be three formes approved from three respects, Autarchie or selfe sufficiency, Wisedome or approved No­bilitie; wealth or well ballanced riches. The first belongs to Monarchie; which is fons justitiae & in cujus manum sunt omnia jura, one must be the fountaine of all Justice, and have in his power all mens right by way of reservation and restauration: for to him at all times must bee demised and committed all trusts, for the preservation of them, qui negat media, negat finem, he that takes away the meanes with-holds the end, and the safety of the people cannot be in the King, except they allow him all meanes to pro­tect them, and sometimes he may use those meanes in a judiciall arbitrary way, as in the case of imminent danger, and this power is neither violent to force his people, nor voluntary to doe what he list, but reasonable and necessary, which needs no o­ther Law, but the present exigence, which the people may see as well as himselfe and were Beasts not to bee as ready as hee is to doe his will, and waite upon him in al places, at all times, and with men and money supply all his wants: but this must be supposed when his Parliament sits not, nor is in being, for when that is, as all State matters and Lawes depend upon that, so does all arbitrary Government; which admits no delayes, nor can stay; for is Law to instruct the people, or command them by knowne Lawes. Aristocracie, or Timarchie are never but in Parliament, and they are not subordinate as governours are that are sent by the King, for the Nobles are not sent, but come in the right of their birth-right, or creation to the Parliament, and so doe the Commons come as sent by the people, and in their right, which the King in all Parliaments was to restore unto them, for he so receives it, that hee may preserve it, and restore it unto them as oft as hee shall have need of their help in their persons. Goods, and Possessions, Lands, Liberties, Lives, and all they have to doe him and them good in all times of danger. We must therefore know that now in Parliament, all the three powers are co-equall, co-ordinate, and co-workers together for common good, not as I said by subordination, but co-ordination of principall causes, each ha­ving equall power to worke the same thing, for the same end by all good meanes and endeavours whatsoever.

The vicious formes of Government are tyranny, when one takes all from the peo­ple to restore them no more but what hee pleaseth, and all times to use them like spunges when they are full to wring out all they have. The second vicious forme i [...] Oligarchie when few are found worthy for Wisedome and Nobility to be trusted with [Page 5] publicke Affaires. The third is Democracie when meane persons, and of base con­dition are set over the rest. Timarchy, or Plutarchy, is when great men of meanes, wanting the honour of Peeres, but not of Wisedome, and Wealth being among the people and good Masters for their welfare have the dignity of Gravity and discretion to make them reputed and to be well esteemed amongst the people, and having most to lose, are best to be betrusted with that little they have; and therefore confide in them for all they have; we have spoken of the first honour of a Parliament consisting in thrice honourable persons, the King, by the right of inheritance, the Lords of their na­tive or nationall right originally in themselves, and the Commons, the best of the people, elected to doe for them what they may in all the right they have. The High Court of Parliament is thrice honourable, in free, able, and faithfull Judges who can doe no wrong and of whom to have an ill opinion is to wrong them and our selves. Thirdly, they are a body representative in three members, which are as I have said co-equall in power, co-ordinate in the exercise of it and co-workers of common good, for they are three free Estates, and have power to restraine exorbitances, as farre as concernes their severall rights, and have all negative votes against injuries, but none against justice, which is their common charge. And to satisfie his Majesty ful­ly, and shew him Hee wants a good Bishop, like Amphilochius who appeareing be­fore Theodosius, and Arcadius his Sonne, copartners in the empire, he did reverence to th Father, but none to his Sonne declared to be Emperour, which the Father re­buked in the Bishop, and gave him seasonable occasion to reprove the Emperour, say­ing, you justly are angry with me, and I confesse my fault to be great but not wilfull, meaning meekely to minde you with a greater against God the Father, who hath re­ceived his Sonne into the same throne with himselfe, [Reve. 3. 21. and deserves e­quall honour, as being coequall with him. Now the A [...]ians have Churches, and ho­nour Christ in them as we doe, but deny him to be his Fathers equall, and therefore how angry is God with such blasphemers, and with you for suffering them seaso­nably spoken, and the good Emperour reformed the fault; the application, is easie, Fa­ther and Sonne are subordinate, and so are Subjects and Soveraignes, & subordinata non re­pugnant, sed subserviunt: but co-ordinata non subserviunt, sed se invicem supplent. A Sonne serves his Father, and the Subject his Prince: yet when they are cast into equall E­states, you all serve the common good and supply one another, your Majesty would be moved a little further with the horrible apprehensions of your people. Papists deale as basely with Iesus Christ, as ever the Arrians did, who though they rightly worship him as God, yet admitting Saints and Angells into his Office, they place them with him in his Fathers Throne, read the words (deare Soveraigne) it is one of the sinnes you suffer for, Rev. 3. 21. To him that overcommeth, will I grant to sit with me in my Throne, even as I overcame, and sit with my Father in his Throne. In glory we communicate with Christ, and have his Throne, but not his Fathers, for that is too great a glory to par­ticipate with the persons in any part of divine Worship. The Arrians erred, not un­destanding the Divinitie of Christ, but they understand it, and erre in their blasphe­mous devotions, and have not onely a toleration, but the approbation of your best Subjects to fight against Gods Authoritie upon Earth, and your selfe in Parliament, and the co-ordinate powers with you in the same. Assure your selfe all your judici­all power is in your Courts, both Legall and Arbitrary, ordinary and extra-ordinary, so that now you have not that which you had, a power to provide for your people [Page 6] out of your Parliament in imminent dangers, into the which you have brought them by that which you have done against your High-Court, and a Curia ad Cameram have transferred your judgement, against which no man can rebell by resistance, and your Majesty mistakes Treason and Rebellion, which is now left to your Parliament to determine it, and there, or no where must you passe your judgement. If you have a Parliament, it consists of three Estates, and whiles it is, you cannot take your selfe from it, for as you can never be deposed or put to death, so you cannot depart in your power, as you may in your person, and that power that is in it workes in a capaci­tie correspondent to right Reason and Iudgement, vvhich will never be justified in ex­trajudiciall proceedings, or an arbitrary, voluntarie and unreasonable way, which now you are in to the distraction of us in our obedience, for we cannot obey you in your Courts, and out of them. We cannot serve two Masters, your selfe in Curia and Camera, Court, and Cabinet, when they are contrarie: either tell us you have no Par­liament, or else you have no judgement out of it, but that which you complaine of; which is meerely arbitrary. From the Parliament thrice Honourable in the mem­bers, we come to it made thrice dishonourable by three dangerous, damnable, de­sperate and most direfull accusations of Treason, Faction, and arbitrary power to dispose of Lands, Liberties, lives, bodies, and soules, and to doe what they will with our Religion, Lawes, Church, Kingdome, &c. And all this because of Ordinances made for a Militia, Money, Men, Armes, Souldiers Townes, Ships the whole Kingdome &c. All which is sufficiently answered thus, qui legem fugit, fatetur facinus, hee that departs from the Parliament declares his sinne; and because the Law is contrary to him, crosseth it by all the wit he hath, and perswades the people that not he but they are injured▪ bidding them looke upon the times, and see since the Parliament begun what they have done, to make us better. Its true we are a great deale worse, and they are the causes, for they have left the three Estates to shift for themselves and they would doe enough for us to make us speedily happy, if they were not the Authors of our miseries. Never say, why hath the Parliament been so long at worke, when so many have been at worke against them. Doe they accuse men, or Estates? lay their reproaches upon the per­sons, or the powers? upon some Commoners; or the Commons themselves? on some Lords or their House? Doe they not perswade the King to depart, and to take care for his people out of Parliament, set them against it, laying Treason to as much of it, as they have left behinde them: not sparing any Estate to disgrace it. They denie the Kings power to bee in it, and affirme it to be with them, and that so suffici­ently, as he may doe as much without it, as if he had no Councell at all. That they have no power in cases extraordinarie to provide for the peoples safetie that all their Ordinances are emptie words, sedente Curia, and so a Court may be, and command no­thing, and though Warre be in the Kingdome, forraine forces, and forraine Armes imported, Papists warranted to take up Armes, and all against the Parliament.

Where is the peoples understanding to make a right construction of their owne powers and Estates? where will they defend the power of the King? If they denie it to be in the Parliament, they denie the Kings Writ that called it the Act that continues it, and a Court to sit in Judgement, and the King not to be in it? They have sent their owne Judges to sit for them in a co-ordinate power with the King, and will they sub­ordinate it to his will, and by his command fight against it? Doe they teach them to fight against the Kings Power that is with them, or that they may destroy his Per­son, [Page 7] because they may resist his personall commands against his owne power? must they suffer destruction where they have power to command safetie, and not seeke that in imminent danger, which is neglected by others, and may bee procured by them, that should protect others? Will Faction feare them when they see who are the causes? shall it be in the three Estates, as their crimes, and they bee guiltlesse that have made it? Did every wise man finde a fault in an uncapable Subject? Persons may be fa­ctious▪ Estates cannot. The members of an Estate may be guiltie of Treason, the Estate it selfe cannot, many have been treacherous in the Commons to reveale their secrets before they had the consent of that Estate, else how could the things in consultation, and Committes be known to the King, and made matters of reproaches before their iust Revelation? slanders will be retorted to their Authors, and the people pacified with e­quitie, if they doe not looke upon the Calumnies, but their Contrivers: a Parliament we have indued with Regall power, and the two Powers co-ordinate with it, it wants nothing to doe all things, but the personall, Le Roy Voet, the King will have it so, and for want of this is nothing to bee done by so many powers? Yes, all things for our preservation, and if that cannot be without all we have, we must say as that Lord did, the Parliament would never have taken from him any thing without necessitie, and that hath no Law, but their iudgement, and that being judiciall and reasonable for common good, which to procure they suffer as well as we and who being indi­cious will not justifie what is just, and done by them that can doe no wrong? wee shall pray that all Petitions of Peace may passe by righteous judgement.

Thearchie, or GODS government in Families, a Nation, and all Nations: Daemonarchie, or the Dominion of the Divell, in CAIN, NIMROD, ASHUR, and CHITTIM, to all Protestants, Papists, and Parasites the Demonstration that the Monarchies of this World, are the Miseries of the CHVRCH.

THe Papists perswade the people that the Popes Monarchy is founded upon Pa­ternall power, and so Parasites flatter their Kings, that the people have no more power to choose their Rulers, then children their naturall Parents, and that the trust in them is to be trusted without answer to any but God. Wee trust God upon his word, not as a Feoffee, but as a Father; not as fiduciary by granting to him what he is to restore unto us but fides est ex notitia in Deum fiducia, Faith is our fealty to God, to whom wee doe fidem dare, sweare our Allegiance, and yet the Law is that Legiance, is the mutuall and reciprocall Bond and Obligation betweene the King and his Subjects, by which Subjects are called his liege people, for that they are bound to obey and serve him: and he is called their liege Lord, for that he ought to maintaine, and defend them; protectio trabit subjectionem, & subjectio protectionem: love is the Loadstone that gives this impression, and makes hearts touched with it, draw very iron after it. Duplex & reciprocum ligamen, a double bond that returnes upon it selfe love for love, sicut subditus Regi tenetur ad obedientiam, ita Rex subdito tenetur ad pro­tectionem; as Subiects are tied to obey, so Kings to protect; 20. H. 7. 8. Legiance holds the King to his people by Oath and Office, as it does them by the same; Rex ad tute­lam legis corporum & bonorum erectus est, Fortesc. c 13. Acts of Parl. passe the same judge­ments 10. R. 2. c. 5. 11. R. 2. c. 18. 14. H. 8. c. 8. 34. H. 8. c 1. 35. H. 8. c. 3. Thus it should be, that he that would have Liege people must himselfe become a liege Lord. All men set the Preacher his Text, Ephes. 6. 2. and the Sermon is of the Adjunct. Ho­nour, but not of the Subject, Father and Mother, forgettting that Nimrod may hunt for that, and yet want the affection of a loving Father, or the tender compassions of a deare Mother. Some preach of the commandement, and say it is the first in their owne sense to flatter the father for his favour, but feare not his frownes. Others are for the promised long life but teach not the provocation to wrath. Say enough of their right, and too little of their duty to bring up their children in the Nurture, and admonition of the Lord, Above all that is left, and must be remembred which is recorded, Coloss. 3. 21. discouragement▪ the word is to put them out of heart, and if from the heart wee goe to the head, it is to make them witlesse, and from both we proceed to the hands to make them feeble and hang down. There are but two inward Symptomes of mi­serable men, blindnesse and amazement, or that which is worse, Zech. 12. 4. the Rider shall be mad, and his Beast astonished, fury and affrightment apprehend the despe­rate, and because they know not what they doe, doe any thing, we are distracted and confounded in our pens as well as our pikes, and we fight as much with our words [Page 9] as with our weapons and deliberate Writings shake as much as our hearts, and we handle our matters as if wee knew not what wee said, and the most reasonable man is received with as much dotage as he that delivers vanity with confidence of the truth, and verity prevailes lesse then errors in our actions. All are prompt and prone in their Propositions, and must be credited in their proofe, because we praise it before we understand it, and to withstand an opposition is enough, we are crossed in our opinion which suggestion more then judgement hath brought us unto.

The Law is that Papists are disarmed in times of peace, but must arme in times of Warre for their owne defence, and take part where they like best, and if their iudge­ment may justifie the cause, Popery must passe for the best Religion, though their Protestation be for us. The Parliament is held to have the Legislative power, and yet the King is above it. He is professed to be under the Lawes of the Land, and yet above the Power that makes them. he sayes himselfe is a Member of his Parliament, and that he with his two Houses make the whole, wich we call Vniversum. And yet He is Major vniverso, or vniversis in a Collective body, that He is so in a diffusive is confessed, singulis major, but this sufficeth not except he be major universis, as an abso­lute independent Monarch; and as a Father or Master in his Familie. Saints and Subjects must be sonnes and Servants to obey his will, and to doe nothing without his consent, nor receive any Lawes but from him. What Father in a Familie will have his Sonnes to give him Lawes? what Master in an house will suffer his Ser­vants to prescribe him Rules, and command him what he shall doe? what Empe­rour being Legum conditor & interpres, the maker and expounder of Lawes, will admit a Councell to sit with him, and have the same power legislative? shall vulgus leges & consuetudines eligere, the people choose their owne Lawes and customes, and impose them upon a King? was it ever knowne the people of the Primitive Times chose their owne Lawes to die by them. Did not Emperours make them against them without their consent? shall wee contrary to those Times have power to elect our owne Lawes, and die because we keep them? Is election of future things, and shall we choose nothing but what is past? Does his Majestie call a Councell to doe no­thing? or is it to doe what is already done? Shall elegerit be referred to the people, when they are met about Lawes, to teach them they come to make no new Law, but petition they may hold the Lawes they have. Did ever wise men make such con­struction of words? that Election referred to the cause in power to doe, shall be ex­pounded to have done? Shall not the people doe that which they are called to doe? They come to make Lawes, and shall they be answered they have made them? They tell the King he is bound by his Office and Oath to make Lavves, and he an­swers them his Office and Oath is no such matter, it is onely to be understood of Lawes made, as to make any he is not bound at all. Hence his negative vote is abso­lute, and yet he may not so say I wil not, but I wil advise & good reason, for his con­science & understanding is not at the command of any Counseller, though he were not a King, but a common man, not a member of his Parl. but the meanest part of his Kingdom Le Roy S'avisera is no negative, but an affirmative to consult & shew rea­son if he deny, and if reason be shewed why he should not deny, because in elegerit are two words, or adverbs to the word, and they are such as God delights in, justè & rationa­biliter, add to Le Roy S'avisera, and then if the King have found his peoples election just and reasonable, can he deny it by his Oath and office? His Courtiers say he may, for [Page 10] his Oath binds him onely to the Lawes he hath made, and he hath taken no Oath to make any new ones, for so he may punish his friends that have stood by him not to maintaine, but to breake the Lawes, not for his owne peoples profit, but theirs that have oppressed both: Customes (say they) shew that election is of things past. I an­swer, Election in respect of time alwayes goes before the thing chosen, which is some thing that is good, truely, or in appearance; and so customes that come in with use, and by experience are found out to be good, are desired that they may be gran­ted and made good by the King to his people, and so his consent is not as soone as the custome, but it goes before the Election of it as good, then to be made a Law, which is prepared in a Bill then preferred to the King, who adviseth of the advan­tage as well to himselfe as his people, and when he finds it is injurious to none, consents and so it passeth into a Law, and the difference betweene Lawes and Cu­stomes is onely in the time, that Customes have continued, and beene found of great use, but Lawes are made more to prevent evils for the time to come, and curb them that are growne up for want of restraint.

The Common Law seemes to bee nothing else then approved Customes for the matter confirmed by Parliament, and we commonly say that fundamentall Lawes are such, which to alter, were to ruine the Kingdome, and Conquests that have made new Lawes, and altered the Old, and the daily practice of such alterations have not once touched the Common Lawes. Customes then when they come to bee enacted, are as new Lawes, and future both to the Election of the people, and the corroboration of the King, and so elegerit in Grammaticall construction, being referred to the effici­ent, must Logically be in the future tense, people shall chose; but being referred to the matter may be easier taken actively or passively, and to the Oath indifferently, as be­ing both to what is done, or shall bee done hereafter at any time when the People make a just and reasonable Election; why the word should have caused so much dis­pute betweene the King and Parliament, is no other but the bad Counsell of those that feare Lawes should be made, as the Bishops did that protested against new Lawes, 3. R. 2. N. 300 to inquire into Extortions, which they feared might extend unto them, who as Church-men would be exempted from Lawes, that they might have the greater Libertie to doe what they list. His Majesty might see better the extent of his without prejudice for all times, and if Conscience be in danger, it is more in respect of Lawes and Customes passed, which the King must needs be ignorant of them for their mul­titude, various uses, severall Courts of execution, sundry Judges and Officers that wait upon them, and the multiplicitie of doubts that may rise, his Oath being to see to all, and his Conscience often ensnared to doe injustice, and be guiltie of many sins, hee sees not to sorrow for, being blinded by them, that were first blinded themselves by bribes, and to sinne more deepely, draw in their Soveraigne, and load him in the participation of their wickednesse.

As for Lawes to be made, he hath an impartiall Councell ballanced and poysed not by persons, but members made up of many that can doe no wrong to others more than themselves. Its a Rule in Law warranted by the 9. Rep. 106. B. 107. a. 6. Rep. 27. b. 28. a pl. com. fo. 398. Fortes. ca. 18. that the Parliament is a Court▪ of thrice great Honour and Justice, of the which none ought to imagine a dishonourable thing. The two Houses as they may challenge this Honour, so they give it to the King, desire­ing to charge none with his errours but them that lead him unto them, and they look [Page 11] reciprocally for so much respect as their place requireth, and cannot be denied by his owne Writ, de gravioribus & discretioribus viris, of the most grave and discreet men, and Fortescue speaking of the Parliament, saith, we ought necessarily to thinke; that [...] Sta­tutes of this Realme are made with great wisedome, and prudence, dum non unius, aut centum solum consultorum virorum, sed plus quam trecentorum Electorum hominum, quali numero olim Senatus Romanorum regebatur, ipsasunt edita: for that they are not made by one, or an hun­dred onely of sage and judicious men, but by more then three hundred of chosen men: by such a number, as in times past, the Senate of Rome was used to be ruled.

We reflect not upon persons present or absent, but the whole body in the three Mem­bers, which are so essentiall, that the denying of any one member to be in the Parlia­ment is the deniall of the whole. I say not persons but States or Orders. The King is a a Person in succession, and stands in the right of all Kings, as one politick body, and so his authoritie is in the Parliament, as long as it hath a being, and hee can no more depart out of it, then it can depart out of him, for he hath given it life, and the Act of continuation will preserve it, till it be dissolved by the same power that gave life to that Act. His Majesties Writ hath given the Members being in one united body. The Act maintaines that union, and the departure of persons may deprive them of their Ho­nour, cannot destroy the body. His Majesty must thinke he cannot depart but in his Person, his Authority remaines where he left it as strongly as in any Court of his Kingdome, and the judgement passed in the Parliament, as firme as that which comes from his sworne Judges, and will hold good as long as the Court continues, and though it, want personall consent, yet it hath Regall Authoritie to doe all that it doth, and his Majestie can no more contradict it, than he can contradict his owne Autho­ritie, and if the Parliament wrong him or us, let him blame his owne consent, for he can now never right us by the Sword, but where he made the wound there hee must heale and help us, for where the right is there must be the remedie, and the Par­liament that is now the patient, must be the Physitian, for Warre is no remedie but a­gainst Rebellion, and will his Majestie rebell against himselfe, and set his person a­gainst his Authoritie.

The terrible Text is turned the wrong way, and damnation is upon them that damne others, or else let me be damned to the pit of Hell, not with the desperate Ca­valiers for fathomes▪ for if I fall, I sinke into a bottomelesse pit, and my soule is more to mee than all the World, which I have pawned for the truth, the glory of God, and zeale of my Nation, Rom. 13. 1. Let every soule be subject to the higher Powers, not per­sons for they are but the Subjects of that power, and the Subjects are many, the pow­er one, and it is supereminent in all that have it, for the Word is no more applied to Kings than other Governours, and to say by higher powers we are to understand them, is to wrong all Magistrates. There is no power but of God, and so hee is the originall e­qually of all, and for the kinds they are left to men. The powers that be are ordained of God, as he gives the power and leaves the Order to men, so he ordaines them, when he confirmes them to be the three Orders in Parliament, are not originall from God, but an humane paction, and yet he ordaines them all, as the God of Order in all E­states, Whosoever therefore resisteth the power (be it what it will be for the humane kind) resisteth the Ordinance of God, if the power be his, then the person in whom it is, is ordai­ned of God, and so consequently to resist the one is to resist the other. And they that resist, shall receive to themselvs damnation, that is either the power God gives, or the person [Page 12] in whom it is with relation to that power. So that resistance or rebellion is as the Par­liament hath defined, first against the power and Authoritie, Secondly against the person in whom that power is, and so far as it hath relation to him, and no farther, and therefore Doctor Fearne hath feared the wrong Subject, and justified Rebells to accuse faithfull Subjects. Are not the powers in the Parliament, even the power of the King, and can they rebell against the King that rebell not against his Power, or resist him whose Authoritie they defend? who then are Rebells? they that fight a­gainst his Authoritie. But is not that in his person? yes, and is not that in his per­sonall Command? No, nor the pursuance of it by his followers? No, not when it is accompanied with his presence? No, Then what securitie doe we leave him? To forsake them that follow him, to destrov both him and his Authoritie, Parliament and Kingdom, I & say further, if the whole Parliament remaine in them that are not departed, be the persons what they will be, the powers are in them, and they that have re­proached them or resist them by Armes, their owne damnation be upon them, and the benediction of God upon all them that fight against such Rebells.

THEARCHIE, and DAEMONARCIE discovered to the King, Parliament, and PEOPLE.

THe Royalty, Revenue, Grace, and trust in a King. The first from God both in The­archie when they rule for God and Daem [...]narchie when they rule for the Divell. If God be not in Kings the Divell will. The foure Monarchies served hitu, and the last received Satan more than all the rest, the Caesars were his High Priests, who as they left their Empire to the ten Kings, so they have left their Priesthood to the Popes, Rev. 13. 1. 11. And they are happy Kings that are Royalists both from God, and for God. Their Revenue is their inheritance, as due to them, as goods and Lands are to the people. Grace sounds not so well in the mouthes of the multitude, as in the deedes of Majestie, the Scripture tells them what they affect to bee called, Gracious▪Lords, and they deserve it best when duty and goodnesse make them so. Their trust bindes them by Office and Oath to act for others, and being grantable to Judges sworne by them, and communicable also from the people to the Parliament, is so far forfeitable as they shall neglect their people, or by ill Councell doe them hurt. Franchises, priviledges, or Offices, even the greatest misufed are liable to forfeiture, 5. E. 4. 8. H. 4. 20. 1. 4. Cooke Instit. 233▪ [...]. &c. To be a King is an Office, and an inheritance (as I may say, for I am no Lawyer) entailed more surely upon the Heire, than any other mans Estate is, for by no Law can the King cut of the right of the Heire, yet his trust is ma­ny waies grantable, as to his Judges chosen by himselfe, and to them he calls by his Writ, and are chosen by the people, or come in the right of his Peores, Saul com­mands [Page 13] his foot-men to kill the Priests of the Lord, 1 Sam. 22. 17, 18. and they will not doe what Doeg dare effect out of his heart, and David tells Abiathar hee knew the Edomite would doe it out of envie, good Servants to the King will sooner lose all then take away the life of any man unjustly, and such Judges that are trusted will either force a forfeiture to doe well, or suffer any ill by a Tyrant. His Majestie (no questi­on by his many Protestations professeth all the justice that may be, and yet by ill counsell may wrong His trust in Parliament; and forfeit to it so much of His trust as is grantable and His calling, as well as the peoples election grants that Counceil a trust, which they are as sincerely to performe as any judge in the Kingdome and ha­ving the benefit of continuation are not for any Doeg to neglect their dutie. His Ma­jestie, Parliament and People shall finde me do them all right. The King shall have have all the right that God and man can give Him: So shall the Parliament and People, For as I have read all the bookes I could get, so I tried all their principles. We all know when two fall out, a third must reconcile them. The King and His two Houses are at variance. Two members to one, and that one as a King, is above them both as Subjects which make one intyre Parliament, all are to be Subject, and rest for the last resolution, which I hope to shew. Deo Benedicente.

JƲS REGIVM, CHARTA REGIA, FACTA REGIA, IVS AD REGNVM.
The Royalty, Revenue, Grace and Trust of a King by his Office and Oath, who rebell against Him, and the two kinds of Rebellion.
Powers are of God, their kinds of Men.

THere is no power but of God, Rom. 13. 1. Submit to every Ordinance of Man, whether it be the King or other Governours, 1. Pet. 2. 13. 14. Kings, all in authority, 1. Tim. 22. The word supereminent in Peter is given to Kings, in Timothy to all in authority, in the Romanes to all the Powers. All the Powers are from God, whether usurped by force and fraud, as that of Nimrod, Gen. 10. 9. and of Antiochus, Dan. 11. 21. and all the 4. Monarchies, Dan. 7. 2. 3. that foure winds strive, that is, warres, and Beasts conquer and carry their right one from another, and yet all the Texts are meant of such as these, for whom wee are to pray for our Peace, and patiently submit unto them. The powers also that are obtained by just Contracts, and lawfull Conquests, are from God; and thus David goes to Hebron to contract for his Kingdome, 2. Sam. 2. 4. & 5. 3. and then to Ierusalem to expell the Iebusites, v. 6. It is past admiration how Royalists plead for Kings, as if they alone were from God, and all the rest from men, either sent by Kings, or chosen by Subjects. They are the Powers immediately of God, and all others by men. It were happy they could say as Paul does, Galat. 1. 1. Neither of men originally, nor by men instrumentally; but of God, and by God im­mediately. If it were so, we should trust in them, as the Apostles of Iesus Christ, and confide in them for infallibility and supremacie. But alas, they are not from God, as the Deacons are in the Church; for from the very Deacon to the Doctor in the Church, we ought exactly to have no other Officers in the Church then he himselfe hath appointed; and it hath beene the sinne of the Church to raise Orders that are none of his, and Christian Kings are charged to thrust such out of their offices, as Nehemiah did, Nehem. 7. 64. God is not so exact in the choice of Magistrates, as to be their Authours further then the generall, that wee may know they are Powers from God; but the kinds of these Powers are from men, by men, of men, and for men. They are the Authors, Instruments, matter, forme and end of Government, and therefore that humane creation of Kings is no more of God, then the other of Gover­nours; [Page 15] and the word sent may as well be applyed to God as the King, for the rea­sons in the Text. First, because they are both equally to be obeyed, for the Lord that gives them their power. Secondly, to punish is in their power as well as the Kings, and if they may punish none but such as the King pleaseth, his wicked followers shall be happy, if he will deliver them from the power of justice. Thirdly, to praise them that doe well, is not onely in words but deeds, to protect them from the injuries of oppressors, and such as will break the lawes under shelter of wicked Kings. Fourth­ly, they are sent for these ends, and have commission so to doe from God. Fiftly, they have supereminent power over Subjects as well as Kings. Sixtly, Kings can send them for no other end then God hath done, and if hee say they are Subjects to obey him, he must know they are Magistrates, and must obey God. Take heed what yee doe, for ye judge not for man, but the Lord who is with you in the judgement, 2 Chron. 19. 6. I counsell thee to keepe the Kings Commandement, and that in regard of the oath of God. Be not hastie to goe out of his sight, stand not in an evill thing; for hee doth whatsoever he will, Eccl. 8. 2. 3. Wisedome in a Magistrate makes him bold to doe his duty, and beare pa­tiently a check from his King. Hee is faithfull to doe what he is commanded by his Oath, and that being to God, no man swears to an impious thing as to be the Kings Herauld to proclaime any Decree against God or his Saints, Dan. 3. 4. And as he is not forward to act the evils of his King, no more is he hasty to forsake his calling, till it be taken from him. The word and power of a King is great, and may not be con­tradicted by every man; but he that keepeth the commandement may stand to his inno­cence, and wisedome will teach him time and judgement, Dictis die & loco, is the Kings Mandate for time and place, and both make the Parliament, which of necessity must establish judgement, according to those words, Amos 5. 15. hate the evil, and love the good, and establish judgement, in the gate: it may be that God the Lord of hosts will be gracious to the remnant of Ioseph. Our Nation is brought to vvailing for want of Iustice, and we have them that dare say the Parliament is a Councell but no Court of justice, it may not execute the same without the Kings consent as other Courts doe: and why? because the King hath consented to the judgement of his Iudges; but not of his Lords and Commons. See the wicked Answer to the printed Booke intituled Observations upon some of his Majesties late Answeres, and expresses, printed by his Majesties command at Oxford. to the disgrace of the Vniversitie, wrong of his Majestie, and the reproach of his Parliament, and that I belie him not, see pag. 22. where hee sayes they are not the mouth of the King to declare lawes as the Iudges doe: but their owne Votes what they would have for law, and force the King to be of their minds before he hath consented to the law, most impudent and unjust censurer of the Lords and Commons, who take not upon them to declare what shall be law; without the Kings consent, for dare the Judges he speaks of with the Kings consent declare what shall be law, then Ship-money had been good law, and the King should have a Court above his Parl. and declare to it what is Law, and shall be law in spight of that Councell. He must know that the Parl. hath power to declare to the Kings Iudges out of it what is Law, and so they have sought to them to understand the meaning of the Law, for the rule is good, that the makers of the Lawes are the Interpreters of the same. It is true, they are all to be made with the Kings consent▪ but if inferiour Iudges may execute the Lawes made without the Kings consent, and are not (once sworne) to be countermanded to doe contrary to the Lawes, much more the superiour Iudges may execute the Lawes made, and see [Page 16] them executed in all inferiour Courts, and punish them they find to doe contrary page 52. They represent the people to some purposes, not the King to any, and so by his words we must understand them to be the peoples Judges, not the Kings, and if at be not in the power of the people to make their owne Judges, and the King will warrant such writings they shall be no Judges at all, but Counsellers at will: wee are yet beholding to him for something, page 24. So making the Major part not ful­ly concluding, are the words of the Observation, and the Observatour sayes they are not denyed to conclude as farre as the power of the House extendeth, but this cannot reach to an absolute and finall decision. who requires more than a conditionate power in the Parliament, page 43. the method of their tryall concerning members, he makes unjust, where it is most just. In treason, Felony, or breach of peace, the cause must first be brought before them, and their consent asked before the Law proceed, which he sayes cannot be for this reason, because their priviledges should then ex­tend as farre in these, as in any other case, which is not true, for in matters of Office, the greater exempts them wholy from the lesser: but in offences, no Office can dis­charge them so much as from the breach of the peace, and if every accusation might take them out of the Parliament without leave, every Constable and meane Officer might set them in the Stocks, and handle them rudely, and keep them from the discharge of their places, which they may not at any time without licence, by Law or Liber­tie be drawne unto, and hee leaves this with a tongue to teach his betters what they should doe, that clap up men in prison upon bare charge, and forget there are such men in the World. a wicked accusation, as if the Parliament were to shew causes of imprisonment to any but themselves, who can require judgement in any other Court before they have examined Offenders; and provided for their punishment? As for those they have cast into prison upon knowne causes, they are to keep them there till they repent, or for their obstinacy and Rebellion against the Kings Authoritie, may be punished, which his Majestie by ill Councell hinders, by the removall of Judges, and Judgement, which free course of Law yeelded unto, the Parliament is most rea­die to remember who are in the World. to the great disquiet of it, page 45.

If we must be slaves, better to have one Master, then foure hundred; miserable man, can 400. men make us greater slaves then themselves, for can they make Lawes for o­thers, and none for themselves, as one Master may doe. The blowes will never bee equall, nor the Royall hand smart lesse that smites others and not it selfe, but these cannot smite but they smart by their owne hands, and as the Observatour sayes, are felonius and rebellious to themselves, or as the Answerer will have it, Felo de se, their owne executioners. It wounds the very soule, to be trampled on by Equalls, very tragical­ly expressed, and with high confidence, but not any colour of Reason, that reasona­ble men should stampe out their gutts, and with the weight of present evills to reme­die themselves with their owne death? They may as he saies out of their owne putri­faction, rise againe like hungrie flies. and suck strongly their owne bloud till they be glutted with it, O, but the vices of Princes are personall and die with them, but if Par­liaments may passe thus we shall never end our miseries. If the lesser part in Parlia­ment can gaine the greater in the Kingdome, page 47. the Major must subscribe, and sit downe. If this were Law, then those that are departed to promote the Commisson of Array shall prove their cause good by their number, though they be strangers to curse us, as it is, Deut. 20. 43, 44. He saies truly, page 50. that the provoked multitude is [Page 17] a Beast, and we see he bites the best, even the Councell of them that are profitable for the King, but his conclusion is nought, that the resolution of one is necessarie, p. 51. The two Houses may not declare Law except it consist of three Estates. And can it be otherwise? who ever heard of a Parliament of Lords and Commons without a King?

The Papists make nothing of the Angels Argument, Math. 28. 6. He is not here, for he is risen, Christ may be corporally visible in one place, and invisible in another. I dare not say so, but I know he is in the midst of his people, when he is contained in Heaven, and so I dare say the King is either in his Parliament. or it is not, personaliter nobiscum interesse, requires the personall presence of the Lords and Commons, cessante excusatione quacun{que} and their absence will never be excused; and if driving away of any Mem­ber that makes the whole immediately may be admitted to consist with it, we shall have a Parliament of two Members which is impossible: many members may goe a­way that make the parts, as many Lords, many of the Commons, and still the Commons continue a Member, and the Lords another; and if three Members be as necessary to make the whole, as the body and soule a man, the two Members are no more the Parliament, than the body is a man, which we say is equivocally taken, and so with­out the King the Parliament is but a Councell in name: but the absence of the King is not as the departure of others, for he calls the Houses, and gives them the Essence of a Councell and till he dissolve them it hath more than the name the whole essence and being as all other Courts have, and may proceed upon knowne Lawes, as they doe expound them, and proceed so farre as to Vote new Lawes, which the King cannot denie, but all that he can doe is Le Roy S'avisara, which is his way to le Roy. le voet, his deliberation to his determination, and not his desertion or departure from his Court, which sleepes not in Justice, but may proceed as a Councell ought to doe, to do all for the time of the being of it that the King should doe in it, for it wants not his Authori­tie, and the rule is Quod nostrum est sine facto, vel defectu nostro amitti, seu ad alium transfer­ri non potest, that which is the Kings and not forfeitable is not grantable to the Parlia­ment, and therefore he cannot lose his inheritance, but his Office that is grantable to the Parliament; and is granted by his Writ consideratis negotiorum arduitate & periculis immi­nentibus, the consideration of the great affaires of the Kingdome, and imminent dan­gers fall to them, when he failes in his Office, and either neglects them, or acts any thing against them, the whole trust is transferred to them: but never so taken from him, but he may use his Office againe when he returnes to his Parliament, out of the which and the rest of his Courts he can doe nothing judicially, and to resist the pow­ers in Parliament is to receive damnation from the Authour: and by this we may know who rebell against them, and finde out the kinds of Rebellion, which are two: The first and principall is the power given of God. The second the person in whom it is. The power is in all Magistrates, and so in the King, as he comes under that head, and this I call a Rebellion against the Kings Authoritie and so all the Armies raised by the Kings person all Commands against his judiciall Authoritie in Parliament, is Re­bellion, and the Parliament having his Authoritie may resist it, and they receive dam­nation that fight against the powers rightly established, and higher powers we have not in England, than are in the Parliament, and the Kings power is in it, for all his de­parture and his presence with Rebells against it, or personall commands to resist it, are no other than to resist himselfe; and Wisedome would teach us that the Parliament [Page 14] [...] [Page 15] [...] [Page 16] [...] [Page 17] [...] [Page 18] in being, can neither resist the power of the King nor his person, but defend both, and whosoever is for the Parliament, is for the King, and whosoever is against that is against the King: He that would resolve cases of conscience in taking up Armes against the King, mistakes his questions, and applies them to a wrong Subject, and so does the Answerer of the Observatour, as shall appeare by a few Annotations, that may satis­fie upon the grounds propounded, Ius Regium est a Deo, Charta Regia a patribus, Facta Re­gia à virtutibus, jus ad Regnum a populo, unde & legu [...]a Rlectio.

Annotations upon the Answer, to a Printed Booke, entituled Observations, upon some of his Majesties late Answers and Expresses, 1642.
Monarchie the first, and best forme of Government.

DEbi [...]e fundamentum fallit opus, his weake foundation will not beare the weight of his worke: The people have no more possible right to chose their Rulers, than their Fa­thers. After the people have passed away their right, they may not resume it. These two propositions are contradictorie; for if Regall power spring from paternall, and Tro­gu [...] observation be truer than the Author he confutes, he confounds his notion, and destroyes the ground he would build upon, either for the antiquitie, dignitie, or Au­thoritie of his supposed Monarchie. His proofe from Trogus is that principio rerum (as well as Gentium, nationumque) imperium penes Reges erat. That Kings should challenge more from God and nature then other formes of Government, is full of contradicti­ons; for first the Author saies before positive constitutions multitudes were endued with equall right▪ which he calls native, and therefore to God and nature we are be­holding to be under no Regall power. Secondly, that people devest themselves of this power by solemne contract, and therefore by the Law of Nature are not bound one to be subject to another. Thirdly, accidentall abuses, and possible inconveniences may be from God and nature, which is impious to thinke, whose workes are perfect, and all abuses and inconveniences are the fruites of sinne, and defects of lapsed men, who transgresse most when they have the greatest power. Fourthly, reall, or fancied injuries undertaken by every one to right himselfe of another, are not absolutely un­just, where they have passed no positive Law to restraine them, as if sinne were no­thing before God▪ where men have not condemned it by compact. Fiftly, to want malice more than Rhetorick to perswade men to profit themselves by the injuries of their King, is the parasite in his Paradise, like the Serpent to sting secretly, as he did our first parents with an ill opinion of God. His words are, people conceive they may live [...]re happily, if the Kings prerogative may be limited, and his Revenewes lessened, a matter ea­sie for crafty men to suggest for their owne private ends, telling the people how advantagious it would have been for them to have consented upon no other termes, and so receding from Cove­nant, [Page 19] pay [...]ear [...]y by disobling the King to provide for their securi [...]ie, which were needlesse, if the full power were in him as it is in the Father of a Family. Sixtly, God is the immediate donor of Regali power, all other come from the Act of the people, God onely confirming it: His first words were that his discourse should be needlesse to spend time to declare the originall of Regall Authoritie granted of all to be from God, at least mediately, and as hee sayes by contract with the people: and on the next leafe, without compact, as immediate­ly from God, all other formes have the consent of the people, and the corroboration of God. Seventhly, he makes all them sworne enemies to Monarchie, that will not make it as ancient as the Creation, and as ignorant as the Heathen Polititians, who held the first men to be bred as injects, out of the mud of the Earth, and of Anarchy framed Families, and of Families Kingdomes, and because no man knew their first Fathers, but were all of one mould, consulted who should be King, and consented which must be the Authors opinion, that Kings were in the beginning of things, as well as of Nations) neither being true, as I shall demonstrate in all ages.

The Patriarkes have Empire, but not as Kings, nor Kings as they, Fathers make their Families, Kings are made by their Subjects; for the distinction betweene a Family and a Kingdome is this, Pater familias facit sibi familiam, gignendo liberos, adoptando filios, emendo servos &c. the Father of a Family begets Children, or adopts them, buyes his Servants, or hires them, gives them Lawes, and governes them at his pleasure: but Kings come to their Kingdomes by the consent of their people and we in England chose our Lawes, which none in a Family may doe. The Pope tells Kings they are his Children, and if they degenerate he may cast them out of his house, and cause their Subjects to cast them out of their Kingdomes, as being all his Children, and at his Command, which cannot be judged of his Sonnes, or cast out of his House, though he be a tyrant over them. An excommunicate King is worse than any Subject, for neither Father nor Sonne, nor any owner loseth his inheritance by a Popish ex­communication: but the King loseth all, and therefore as the Emperour said of Herod that killed his owne child, that it was better and safer to be Herods Hog-heard, than his Sonne: so better be the Popes Swine-heard, than his Catholique King. The Pope would be the Father of Gods Family upon Earth, and so would Kings of their King­dome, and it were well they were so in their affection, which they cannot bee in their jurisdiction, as long as the people have the power of their Election, or the Ele­ction of their Lawes, and here we justly taxe the Answerer for his exception, of the degree of love in a Prince to promote his people to all kinde of politicall happi­nesse. First, he reprehends the large notion of Protection. Secondly, affirmes that Sub­jects may challenge nothing of their Kings by duty, but onely of their goodnesse. Thirdly, his oath obligeth him not to care for his people to his utmost devovre. Fourthly, nor the degree of a most affectionate Mother for her dearest children. Fift­ly, such provision in so high a degree, as the Observatour requireth, and as this pre­sent Parliament adviseth unto, makes all the Kings progenitours perjured, as having taken the Oath to protect. Sixtly, Subjects have particular interests to challenge justly whatsoever is in the word protect. Lastly, to advance, all to Honours Offices, power and command, is absurd in the conclusion. The conclusion is his owne for no such words afford it from his Adversary, whose saying in that sentence he hath quo­ted is most reasonable, and to dispute against it, most sottish he would make Kings as independent as God himselfe, who alone owes duty to no man, and what he doth [Page 12] is of meere goodnesse and bounty. Its true, Fathers of all men come neerest God in this, and Children may not challenge duty of their Parents as their Parents may of them: yet duties are mutuall and reciprocall, Eph. 6. 2. 4. Colosse 3. 20, 21. Obedi­ence is due not provoked by hard use or discouragements. 1 Tim. 5. 4. Children may requite them, and though Parents lay up for them, yet may they also lay out for their parents, 2 Cor. 12. 14. And if Kings will be as Fathers to their people, they should not poll and pill them, but store up what they can for their good, not pro­voke them by cruelties [...] least they put them to their wits end, as the word signifies, and as Parasites perswade the King, that whatsoever hee does to his people, he must be thought as our Saviour sayes, [...] a benefactour, Luke 22. 25. Such Flatterers spoyle good Kings, and make them most unnaturall to their Sub­jects, and carelesse to doe them good. They advance Regall power to paternall excel­lency, not for affection, but dominion not for protection but subjection, not for the Analogy, but the Elogies of their praises be their practisers, the basest of men, God and na­ture must justifie them when by both they are more condemned than any other men.

The policie of Papists for the Pope is to make him the father of a Familie, not to provide for it, but himselfe; that he may not be touched in his tyranny, and so doe these make Monarks masters of their Kingdomes, and all their Subjects like Sonnes and servants have no freedome but what they please; and if any plead against them, presently they are enemies to Monarchie, Antiquitie, Authority, Dominion and Dignities, when themselves are the greatest Adversaries our Age enjoyeth. This ig­norant Answerer shall have our full Argument against him in all the Patriarkes and Iudges, to Sau the first King of Israel.

The Patriarkes are no where said to be Kings and the Iudges all beare the name; yet denied they were Kings, and one of the worst of them usurped it. The people chose Gideon to be their King, and consent the Kingdome shall be hereditary, Iudges 8. 22. here is jus ad Regnum, such right as the people could give, but here is not jus Regium, such right as was in GOD to give; and therefore his Answer is, hee nor his sonne would rule over them, but the Lord in whom as yet was the right to rule them, ver. 23. Abimtlech will reigne, and that by his owne request, Iudges 9. 2. one and the el­dest, better then threescore and ten, and the people consent to the motion contrary to the mind of God, and give him a Subsidie to hire light and vaine men to follow him and kill his Brethren. The covenant they make in an holy place, as an holy peo­ple, upon the Mount of curses, by the plaistred Pillar of 12. Stones taken out of Ior­dan, and they doe as hypocrites in the hardnesse of their hearts; for so much is signi­fied by the stones and their faire outside, where the Law is written without all con­science of obedience, and therefore Iot [...]am in the name of the Lord from the Mount of blessing pronounceth them accursed, comparing their King to a Bramble, and their contention to fire that should consume them both, the Spirit of malice being put betweene them, which God in justice sent amongst them for the wrong they did him, to make a King without his consent, and the Thearchie they had hitherto in­joyed in their Patriarkes and Iudges from Adam to Noah are ten; from Noah to A­braham, ten, from Abraham to Moses, seven Generations; and from Moses to David as many; from Adam to Enoch, 7. generations; from Enoch to the father of Heber, seven generations; from Heber to Abraham, seven; from Abraham to Moses, 7; from Moses to David the like number; and it is said of excommunicate Caine, that he had 7 ge­nerations; [Page 13] of Iaphet, that he had as many: what mystery is in them but the Sabboth of rest, and variation of Ages, I know not 70. Nations are according to the 70. sonnes of Israel, Deut, 32. 8. The strict account of Families makes for the Messiah, in the Families of the Patriarkes we see his teaching, and in the ten Fathers it is admirable before the Floud. Adam in Cain hoped for a possession, and saw it in Abel, teaching worldly vanitie. Seth is set in the place of Abel to be the second Patriarke, and times were then very bad, which is signified in his Sonne Enos the name of sorrow, grie­vously sick, miserable, Put them in feare, O Lord, that the Nations may know themselves to be but men. The word is Enos, when he was borne, men profanely began to call on the name of the Lord by their Apostacie unto Idols, and the sonnes of God to be se­duced out of the Church to the prophane posterity of Caine, coupled themselves with their Daughters against the counsels of the good Patriarkes, and sorely provoked God to be revenged on both, and therefore the seventh from Adam prophesied against them and named his Sonne Methusalah, which is by interpretation, when he dieth, shall be the Emission or dart of God, who as he lived the longest, died the yeare be­fore the Floud. Lamech left Noah, and gave him his name from rest or comfort, which comes to the godly when the wicked perish. Caine to comfort himselfe, builds him­selfe a Citie, and if any sought Monarchie, it was in his cursed posterity, whose cruel­ties and idolatries God punished with the deluge of waters upon earth, and with the damnation of their soules in Hell, 1. Pet 3. 20.

Patriarkes they were no Monarkes, as may appeare by these three reasons. First, they had not jus Regium, the right of Kings. 2. Ius ad Regnum, any right to a Kingdom. 3. They had not gladium matertalem, power to make warre, or kill any man with the sword. I confesse this latter is disputed, that the Law to shed bloud was before the Floud, though it be onely mentioned after it, Gen. 9. 6. The sword to put men to death is not the right of any private man, but the common right of all Magistrates; and if Magistracie in this kind were before the slood, yet it will not prove Regall authority, except the two former be added unto it, and that is the right of God to grant it from himselfe, which he never did till he appointed Saud to be King in Israel. And secondly as the power is Gods to give, so right to the Kingdom he leaves to the free election & consent of the people. Its true the people have not Regall power in their own hands; for, Nihil dat quod non habet; they cannot give what they have not; yet what they have God gives it not from them. The Royall power is his own, yet the people must consent to be subject unto it: and as they have freedome to submit to his will to be their King for he forceth none to be of his Kingdome; so to make them submit un­to men, he useth them as men in consenting. Seeing then we cannot finde before the Flood jus Regium á Des, jus ad Regnum á Populo, nec gladium materiale in the hand of any; we conclude the Paternall power is farre from the Regall, and so was not principto rerum, neither was it initio gentium, & natimum; for after the Floud 70. Nations are numbred unto us, but we doe not read that God appointed them any King, but con­tinued the right of Patriarkes to the Iudges, and of Iudges to the Kings, and Chams cursed Posterity hunted for Monarchie, which goes under two names, Ashur and Chittim, both oppessors of Heber, Numb. 24. 4. By Ashur I understand all from Nim­rod to Alexander that came from Chittim and subdued Darius, and by Chittim Daniel tea­cheth us also to understand the Romanes, Dan 11. 3. Nimrod, Ashur, and Chittim, are put promiscuously for the 4. Monarchies, and all reckoned as enemies to Gods peo­ple, [Page 22] M [...]. 56. zach. 9. 13. In Daniel they goe under the notion of 4. Beasts, and in the Revelation this last Monarchie is set forth by a great red Dragon, and ten horned Beast, and yet (good God) what Elogies have these men to puffe up Monarchs, and make them absolute Lords without being responsall to any for what they doe upon earth, and truely how farre is now under various disputes. I would but aske him in this Argument two questions in the shedding of blood of his subjects, whether the King be liable to the Law, Gen. 9. 6. and that other of entising to Idolary, Deut. 13. 6. Caine killed his Brother, and we find no Magistracie to destroy the murtherer. The Father may not kill his sonne, the Master his Servant, the Husband his Wife, the King his Subjects &c. If the son intice his father to Idols the daughter her Mother, the wife the husband, the Subject his King, and that which is dearest the friend that is as thy owne soule, draw thee from God; what is to be done in all Relations, and most of all to Kings, who in these two great sinnes, are the greatest transgressours. A King sheds the blood of his Subjects, and forceth them to Idolatry, or to die for their faith. In the first the rule is generall against all murtherers, and in the second against all seducers from God: for the punishment, it is justly limited to the Magi­strate & every one that bears the sword is bound to bend it against those malefactors. Licentious Lamech takes two wives, the violation of Marriage, and boasts what hee will doe by violence to every man that wrongs him. It is much to be doubted what Magistracie was in Familie government, where every man thought he had equall right to revenge his owne wrongs; but if there were Magistracie to punish Mur­ther and Idolatry, then might a father as well as a Sonne die by the Lawes, we have mentioned. The Iudges were to judge between bloud & bloud, Deu. 71. 8. that is, bloud deserving death, and deliverance from the pursuer. These two sinnes of blood and blasphemy God punisheth them most severely upon Kingdomes, for the execu­tion of them by their Kings▪ which were most unjust, if Kingdomes had no remedy against them. Caine and Lamech deserved death for murther, open violence, idolatry, if Adam had power to have inflicted death upon them, and his neglect was a sinne, and so all the Patriarks that lived with him, and saw these evils, were guilty with him, if Magistracie had then beene in use: but Families are onely under instructi­on and correction, have verbum and virgam the rule and the rod to order their Fami­lies, and not the materiall sword to take away life: but Kingdomes have it, and must use it, or the Lord that gives, will call for a forraigne sword to revenge the quar­rell of his Covenant. Lev. 26. 25. If the sword be yeelded to take away evill, Deut. 17. 12. it must spare none. It's true, we have no example of the sword against the King, en­tising to Idolatry, no more we have against any man in Israel, and for such neglect that Kingdome suffered many calamities: we have many examples to lead us to re­sistances, defence, and destruction of Gods enemies. Saul is rested, and his sonne rescued out of his hands; Vzziah is forced from the Altar of Incense by Azariah, and 80. valiant Priests. David armed and attended with 600. Souldiers would not have suffered Saul to have killed him and his men without resistance. David in Keilah, with his men of War, would have defended the City, if the Citizens would have been true unto him. The Christians took part with Licimus against Maximinus the Emperour, and when he revolted from them to his Idols, they left him as their Emperour, and assi­sted Constantine against him. The Waldenses have warred for their Religion above 500. yeares. The Lutherans have taken part with the Princes of Germany against the [Page 23] Emperour. The Citizens of Geneva have defended themselves against the Duke of Savoy, the Protestants in France have warred with the Papists: in the Low-Ccountries they have done the like agianst the power of Spaine, and the profits of Monarchie are such, when it is without moderation, that the gaine is nothing to the mischiefe of it; and if his building be no better then the foundation, the Observatour shall find lit­tle to Answere, but cavils, calumnics, and needlesse contentions.

The efficient, matter, forme, end, and means of lawfull Monarchie.

QVi destruxit, quae aedificavit, praevaricatorem se constituit, Gal. 2. 18. The Answerers foundation was faulty in laying paternall power for the ground of Regall, and making the peoples power no more capable of the Election of their Rulers, then Children have of their Fathers, which is most false; and in the efficient cause confu­ted and confessed by himselfe. The Observatour followes a Methode, and the Answer­rer takes it into consideration, and makes his conclusion, before he knowes his pre­mises, saying, he would by his grounds overthrow so ancient and well founded a Monarchy. I wonder what he meanes to doe with as bad a building, as the Basis is upon the which he sets it. I shall handle the things I have propounded, and hope they will hinder him in his conclusion, and Arguments that may enforce it. The efficient cause of Regall power is either procreant, or Conservant, principall or instrumentall, vo­luntary or vi [...]lent. The procreant cause which is immediate and conjunct with the effect, is the consent of the people, who having the same right, and equall power to maintaine it, doe not wholly devest themselves of it, but in part derive it to ano­ther, who is to use it not as his owne, but as received in trust for the Benefit of them. The Lessee hath of the Lessor, a Lease for life or yeares, without condition expressed, yet tacite and correspondent with such a particular Estate, which by his Fact or de­fect, act or default he may forfeit. But you will say this case agrees not with the thing in question, because a King may have his Kingdome by inheritance, which (I confesse) is true, when the Crowne by succession goeth to posterity, but even with this as well as Election, a trust is implyed, and most of all in publick Offices, whereof the greatest is to be a King, and although it be not forfeitable by an ill King, where it is not grantable to one that is good; yet the misuser of his trust may forfeit that to others, that are trusted as well as he with his Kingdome, who for it and him may take care for common safetie in imminent dangers. Quod nostrum est, sine facto, vel defectu nostro, amitti, seu in alium transferri, non potest; whatsomever is ours for common good misused to the hurt of it, may either be lost, or transferred to another for right use. The Answerer giveth a good instance, how the people may establish a Monarchie, or Aristocracy when they please, and yet have but one simple power, and parties may not injure one another, upon that rule grounded on great equitie, nemo potest mutare consilium suum in alterius tajuriam, men contracted by mature Councell, good deliberation, and honest consent, may not without the like agreement change or alter: where Authoritie is placed in one or many by popular choyce, the whole multitude may not dissolve it, unlesse he or they that are trusted with it, consent, and so to prevent the injury of contracts, he maintaines a mischiefe that may be, for the Lessee will never yield his Lease to the Lessor, if Liberty be in him to hold it as long as hee will, though he commit wasts, grant a greater Estate than he hath, and doe what he will with the right of another. Its all I desire that the people have power to procreat, and beget that power they submit unto, and that they absolutely part not with their right, but have power to chose Judges in Parliament, as well to see to their right, as the King himself; and though they rise up against neither, yet with either of them, they may rise in defence of their own, and if the King could shew as much for the violation of trust in the Parliament, as it doth for the violation of the same in his followers, then all the people should come in, and suppresse the Tyranny of such proceedings his Majesty complaynes of; but it is the denyall of their trust; and because the whole may not be in the King to doe what he will with the Kingdome, waste is made of all, and where there is no remedie, there shall bee no right.

From the procreant cause I come to the conservant, where the Answerer is tardy againe in his first answer to God and the Law, which are the conservant causes of re­gall power, and therefore his Majestie is not beholding unto him in those words, God and the Law, that is, sayes he, the Law that containes the consent and trust of the people. I had thought till now by God and the Law, had been meant the power of God declared by his own Law: but now it is the power of God given him by the lawes of men, which goe not before the power they give to the King, for then they should give the King lawes before they had him, and have as free a power to make him lawes, and rule him, as they have power to make him King, and choose him to be their ruler. We speak not of the peoples consent to make lawes, but of their con­sent to make a King, who by God and the Law preserves his power, and the people were most wicked and unworthy of him, if for God and the Law they should in the least thing forsake him. That the people are the principall cause of the Kings power in respect of the Law, and the Law the instrumentall needs no illustration, for the people worke by the Law, and it is the instrumentall they willingly submit unto for regall power to protect them.

For the last distinction of the cause intrinsicall and voluntary, extrinsicall and vio­lent, it strikes deeply into these desperate times. Regall power is given by an extrin­sicall principle of counsell and consent, and must be maintained against them that have given it, by an extrinsicall force of violence and warre. His Majesty should con­sider, that the grant of his power is from the love of his Subjects, and so he should by the like affection labour to be great in them, and not great over them by his sword and warre upon them. He may so subdue them, and as the Answerer sayes, Force is no Law, yet if a people be forced to resigne their right, they are obliged to stand to the hard conditions of a tyrant, which he proves by the Gibeonites contrary to his purpose, telling us why Israel suffered three yeares famine. Ans. Seven sons of Saul were hanged to satisfie the Gibeonites. He was to prove that forced Subjects com­pelled to loose their right, were as much bound to tyrants, as Israel to the Gibeo­nites. I have a fitter example to retort upon him, 2 King. 18. 7. the King of Assyria forced the people and their Prince to extraordinary payments, forced them to re­bell, and God prospered it. Was it not lawfull upon forced conditions of perpe­tuall slavery to ease themselves when God gave a just opportunitie? Doli exceptio, the Gibeonites guile is not like Sennacheribs greatnesse to force men to obey, and they be strange counsells that call the people to be forced to keepe their faith they never promised, for who consent freely to be slaves? and if that be true, in turpi voto re­scinde decretum, in a violent vow, wicked promise, ungodly oath, hellish protestati­on, repent, and never be resolved to live and die in a wicked way.

From the cause I come to the passive, apt, capable, and well disposed matter, to receive the regall power, and be ruled by it As the people are the efficient cause to grant the regall power, so they are the right matter to be received into a Kingdom, and give it essence; for man is defined to be Animal politicum, as well a sociable, as a [Page 26] reasonable creature, and they are no men that would rule their people as Beasts, and if they were so base minded their Kings were Beasts so to beare themselves over their own kinde. Let therefore regall power know what matter it hath to meddle with­all, apt for good manners, if they he well used, and as poore wormes as they are to turne againe, if they be troden upon, and sting againe, if they be stirred and handled unmercifully. The Answerer is confident, that never any age was guiltie of the like irreverence, and disrespect to Princes, and may it not be said as well of the people, being such efficient and materiall causes of regall power? The fountain and efficient cause of power being in the people makes this inferrence, that the King is Major sin­gulis, universis minor. Comparatively the King is the greatest, and above his Subjects: yet the power that makes him a King, and his people Subjects, is greater then both; for the King is no King till he be made, neither are the Subjects so to be counted till they have made themselves such. Can the Answerer answer this? is not the cause greater then the effect? and the whole greater then the parts? How cleares he the con­trary? The power is divided and derived, &c. The people are divided from the King before they have him, and derive their power to him, which is not before consent; and therefore the King is considered as one of them, and in the possible power of be­ing a King, as the effect is in the possible power of the cause before it exist. He speaks of a King in being, we of one to be made, and in the power of the cause, and so the efficient is either before him, or we must have the effect before the cause. See now an heap of absurdities. The people derive their divided power. He should say their uni­ted power, for consent is no other then the union and not the division of votes. Se­condly, what is divided in them is united in their King, cleane contrary; the com­mon consent of all is that one of them shall be a King, and he is not one till he as well as they have consented, and then they cease to be causes efficient, and subject themselves to him as reasonable matter to be ruled by the like discretion they gran­ted their subjection. Thirdly, retaine not what they have parted with, nor have what they gave away. If he had added by way of trust, he had shewed how he had defeated us of our right. He that makes a Lease leaves something to himselfe, and the Lessee carries not all away from the Lessor. Fourthly, it followes that he which hath all their power, must needs be greater then the givers, if they did not give it to be greater, richer, and more powerfull, and miserable it is, when flatterers can make Kings rich, great & powerfull without their Subjects to set up themselves. The peo­ple were never so madde, of rich to make themselves poore, of powerfull impotent, of great mean, when the power to be as they were or better was in their own hands. Fifthly, The truth is, the King onely is the fountaine of all power and justice. Its true that Bracton sayes, Rex habet omnia jura in manu sua, fons est justitiae, &c. All rights are in the hand of the King, he is the fountaine of justice and jurisdiction, to his crowne and dignitie are annexed all powers, and can belong to no private man to exercise them. Primarily the Prince by oath is bound to doe all things, and if he were sufficient the whole charge is his: To lessen his labour and lighten his burden [Page 27] he hath Judges and Justices for all doubts of Law, and complaints of injuries. Now if any shall object, that the two Houses cantaine no Judges properly, nor have their power from the King, or if they have it is wholly derived unto them by his Writ, and that onely to treate and debate of the Law, but not to declare and give Judge­ment what it is, especially the House of Commons; for the word tractare is onely in the Writ that summons the Lords, and the other are called onely facere & con­sentire, &c.

To answer all, both Houses united have the greatest power to make and interpret all Lawes, and are the best Judges, and have the supreame seate of Judicature, and no Writ of Errour can reverse their Judgement. And if the Kings power be not to con­tradict any Court of Justice, he may best of all oppose this, and take the determina­tion of it into his own hands. The people have made him the fountaine of Justice upon trust, and his trust is to proceed in a legall way, and therefore a fountaine so limited, that he may neither restraine the streames of justice from the people, or di­vert them which way he pleaseth, and therfore all power is not given from the peo­ple, but by the same power they choose the King, and limit him to his Lawes, by the like vertue they choose the Commons to be their Judges, and the Kings power is nothing in that, and to hinder them of their good in this, either by not calling to the people to send their Judges, or called to dissolve them without the execution of their office, is an high breach of his trust, and for a fountaine makes him a broken pit, and his hand stretched out to doe wrong, like the withered hand of Jeroboam, uselesse and accursed of God. The Answerer cryes out of palpable Sophistry in a rule of true Efficiencie, that whatsoever is done by it is lesse then the cause. Let the Observatour (sayes he) give me his estate, and if it be a good one, I will confesse he makes me rich, and himselfe richer, if he so please to thinke. A servant makes him his Master whom he serves, and therefore the better man. A sparke of fire sets a Ci­tie on a burning flame, and therefore the sparke is more then the flame. He shews the ground of these fallacies, as if he had never read more Logick, then his own reason. He hath forgotten to judge between vox aequiveca, and univoca, between words and sense, a cause in name, and in truth. A true cause, alwayes exceeds the effect in ver­tue, because it can have no more in it, then the cause gives it; and so a King can have no greater power then his people give him, except he can finde some other cause of it. He that makes him rich is more the cause of his riches, then himselfe. Our Savi­our became poore to make us rich, and is the onely cause of our riches, and as for Master and servant they are Relatives, and so mutually causes and effects, and the dignitie lies not in the relation, but the dominion. A sparke that makes a flame is more fire then the flame, for the flame is no cause at all, but an effect of fire, and hath no more in it, then is caused by fire; and so Kings, if the people be their efficients, they have no greater power then they have consented unto. Ʋniversis minor, sayes he, placeth the King under his people, and they doe ill to petition whom they may command. This is not Sophistry, but simplicitie, if the universe be the cause in a [Page 28] collective bodie, then every individuall and single person in the diffusive; consent makes men subjects, as well as a King, and it goes before both as the cause, and there­fore cannot come after as the effect. The consent wee give to our King, is the effect of a former consent, & he that will not make that greater then the being of a King, makes him more then ever was consented unto, and what that is any man may judge.

From the efficient and matter I have brought you to the forme of Government, where wee shall governe our Answerer a little better in the whole businesse of his Monarchy. One, many, or all, make our methode of Mastership. One ruling well makes a Monarchie, and that one that rules ill is the authour of tyranny, and the ef­ficient of his owne bad Government, which by his owne will, or the wicked coun­sell of others he may easily fall into. When a number rule, they are either the best in wisdome or wealth, or the worst in wickednesse and beggary, and meane estates, but high minds can vapour as much as the rest, like the meanest Cottage that can cast out as much smoake as the most stately pallace. When the best in wisdome and vertue rule the forme it is called an Aristocracie, and is opposed by Oligarchie when few are found to rule well. When the best in wealth and estates governe the poore, it is called Plutarchie, the Empire of riches, or Timocracie, the command of ho­nour, which is also named Timarchie, and to this Democracie is opposed when meane men and disrespected in wisdome and wealth come to the reputation of Go­vernment. When all will rule, the forme is Anarchie. But I passe by all these formes, and desire to open two kinds of Government, that I thinke few or none have seri­ously thought of, & makes much for these times, which are under the one of them, and the bad one is most damnable. They are these; Thearchie, or Daemonarchie. The one for God, the other for the Devill. The one for true Religion, the other for Idolls. The one in the ten Patriarkes before the Flood, the other in Kain, his seven families, and the Sonnes of God that married the daughters of men. After the Flood God continued his Government in Shem to Abraham, and the Devill his in the se­ventie Nations. From Abraham to Moses God maintained true Religion in Isaac and Jacob, and the twelve Patriarkes. The Devill begins his Monarchie with Nim­rod, which is no other but crueltie and Idolatry over the Nations he commanded and conquered. From Moses to David Religion was upheld by Joshua and the Jud­ges, and tyranny encreased to suppresse it, and advance the service of Satan in many great Kingdomes. From David to the Captivitie, truth had many alterations in the Kings, and overthrew the Crowne, Ezek 21. 26, 27. and brought on the Dia­deme in the Dukes, and then a threefold overturne both of the Crowne and Dia­deme, and the exposing of the posteritie of David to a private life, and Christ found the Scepter cleane gone in the last overturne to a stranger. The first was in the Mac­cabees: the second in the Priests: the third in Herod an Edomite. From the Capti­vitie to Christ are Fourteen Generations; as many from Abraham to David, and the like number from him to the Captivitie, shewing the certaintie of the Messiah, and [Page 29] the truth of all promises in him, the Devill being not able in all his Daemonarchie to cast downe Gods divine Government of his people: But at this time the Devill had provided himselfe in the fourth Monarchie of an high Priest, no lesse then an Em­perour, from henceforth to contest with Christ about his Priesthood, and they be­gin together, and as Christ maintaines his Fathers Thearchie by his twelve Apostles, and twenty-foure Elders: so Satan by his high Priest still continues his Daemonar­chie. All the time of the Dragon or Romane Caesars the Church speeds well, and ends her warres with the Dragon in perfect victory, Rev. 12. 7, 8. He prevailed not, nor held his place any longer in heaven, that is, in the open view of Pagan Idola­trie, which ceased in Eugenius, who was the last that stood up to defend the Pagan Priesthood, and now Christ is beleeved on in all the world, and here is no longer a place for the Devill to play his prizes in, he must now shelter himselfe in the shady earth, and seeke in thickets and secret places to set up his Daemonarchie againe, for Christ by his Gospell hath quite overthrowne him, and cast downe his Pagan Priesthood.

Gratian the Christian Emperour was the first that denied it, and Theodosius de­stroyed it in Eugenius, and now come in the two Beasts to beare the Devills burden, and the Priesthood that had hitherto gone with the Emperours, now falls to the Bishops, and the Kings joyne with them against Christ to defend a new Daemonar­chie of the friends of Christ, as his Mother the Virgin Mary, his Martyrs that un­der the Dragon suffered to conquer him, the Angels that fought for them, and did beat him out of heaven, all these in precious account with Jesus Christ, are brought into a Daemonarchie, and the Bishops and Kings that are Christians, doe for them as the Emperours did in their principalitie and Priesthood. Both were in the Empe­rours, and are now divided between the Bishops and the Kings, who are both abu­sed by this enemy to serve him against Christ, whom they thinke they honour a­bove all men, Ex Rot. Parliament. 1. H. 4. n. 17. in libris Pontificalium Archiepist. & Episcop. &c. Pontificall Prelates beare a Priesthood, and adde Maximus, and you have the whole name of the Devills Priest, that sweare Kings, &c. I have said enough for the forme of Monarchie, God make it a Thearchie, and preserve it from the De­vills Damonarchie.

Having done with three causes, wee come to the end, which is safetie and liber­tie. The one absolutely necessary for the being of a people, and Libertie most con­venient for their well-being. No man would have thought the Answerer should have quarrelled with the Observatour, for this word, protect, and the promotion of it in all kinds of politicall happinesse, as too large a notion. Wee must expect all happinesse from the goodnesse of a Prince, challenge none from his dutie. All must be Acts of Grace, from a generous freedome, nothing from any obligation, or oath. He must bring us to our happinesse with his owne goodnesse, as God does to hea­ven without our desert.

All must be acts of Grace done by him, and therefore we come to the conveyance [Page 30] or meanes, which is the peoples trust, which wholly is obligatory, if we consider from whom it is, to whom it is, for whom, to what end, and by what meanes. From whom he receives it both before and after his oath. Before his oath the peo­ple consent to trust in him as the efficient cause of his power; after his oath as ap­proving of their owne act, for else were those words in vaine, when the Archbishop goes to the foure sides of the scaffold, declaring that the Lord their King hath taken his oath, enquiring if they would consent, which were rediculous, if they had not consented before to the taking of his oath, and therefore this second consent is but a ratification of the former, and by both they confide he will doe his dutie, for he is not bound to Acts of Grace, or the goodnesse of his owne freedome to doe what he pleaseth in his owne discretion. He cannot say, May I not doe with my owne what I will, is thy eye evill, because mine is good, thou hast what I promised thee, and for fa­vours the last shall be as the first, and first as the last, Mat. 20. 16. The King may doe with his Prerogative as he list, and so Bracton may be understood, when he sayes, De chartis Regijs, & factis Regum, non debent nec possunt Justiciarij, nec privatae perso­nae disturbare, Of the Kings Charters or deeds, no man may dispute, or disturbe the right. Some thinke this to be clearely contrary to Law, or at the least to need caution and distinction, which I will give in a few words. Jura Regia à Deo, Chartae Regiae à Pa­tribus facta Regia à seipso. Jura Regni, or Jus ad Regnum à populo, I will English them thus; Royalties from God, Revenues from men, Graces from a King, Trust from his people. The words of the Apostle, Rom. 13. 1, 2. are to be noted for dignitie and dominion, EXOUSIA DIATAG [...]. To the first word is added another, to shew what the powers have above other men; and of powers Peter makes the King to have his power above all powers, and yet all of God, and so is the other word or­dinance, an order from God. An humane creation is universall in all the powers of politicall bodies, but not of the Church, and therefore they that expound humane subjectively, making God the sole cause of Politiques, and men the subject, say a­misse, as they also doe, that make man the sole efficient, and God the approver and permitter, and they worse, that make God the immediate cause of Kings, and of all others to give them his power mediately by them, which is not true, for the word sent of him, may have reference as well to the Lord, as the King, and so Peter from God establisheth all kinds of Government to be divine, from the first Authour, and so as wee obey Kings for the Lords sake as the supreame, so must wee obey all Go­vernours, because they are sent of God as well as Kings, and have power from him to punish evill doers, and to be for the praise of them that doe well, in as high a degree as the Kings themselves; for God establisheth not Kings alone to punish and praise men for their doings, but all Magistrates have that power, and Gods Word makes no such distinctions as men doe to flatter Kings, to doe all in Magistracie, for when they send Magistrates or Ministers, or set them over the people, they charge them with that Commission of God, 2 Chron. 17. 7. & 19. 6. Jehoshaphat sent Lords and Levites to teach in all Cities, and in them sets Judges, and his charge [Page 31] is this; Take heed what you doe, for yee judge not for man, but for the Lord, who is with you in the judgement. I speake this to settle conscience, as well as the Doctour hath done, that would have us subject to the King for the Lords sake, even the Gover­nours themselves, because they are subjects, and so by this word Subject, would carry all punishments and praises from them to the King, to whom every soule must be subject, and Magistrates suffer Justice to perish, because Kings will not be just, but turne tyrants, and no remedie but patience against them. Take the Jus Regium as Gods right, and given to all that sit in his throne. So Salomon is said to sit in his Fa­thers throne by succession, not as the heire or eldest Sonne, but as the Elect of God, and so he is said to sit in the throne of God, as all they doe to whom God yeelds the sword: and thus Constantine is said to be Raptus ad thronum Dei, Rev. 12. 5. against Licinius his fellow Emperour; for when the right came to the sword, Rev. 6. 4. he that could sit the red horse had it, as the Text sayes, that is, who by warre could hold the Empire against the Senate.

Nerva was the last peaceable Emperour, and ended the first seale, which is whol­ly of that peace proclaimed from heaven, Luk. 2. 14. Peace upon earth, that is, to Augustus Caesar, v. 1. who taxed the whole Empire, as being at peace with all Na­tions, not knowing the cause of it; which the Angels declare in their hymne, and the second Seale removes that Peace from the earth, which the first had given it by the birth of Christ, and the Bow of the Gospell De terra orta est veritas, Psal. 85 10, 11. Truth is borne from the earth, as the flowers that spring of themselves without the hand of man; So the Lord Jesus Christ is conceived in a Virgin of the seed of Da­vid without a man, and upon his birth day mercie appeared with truth, and justice with peace looked downe from heaven. Thus in the first Seale, but in the second Ju­stice lookes downe from heaven with warre, and takes peace from the earth, that is, from the Empire, not from the Church, for no sword can take away the peace of a good conscience. Nerva adopted Trajan, and so the naturall Sonnes of the Empire ceased, and the Senate was made to serve the sword, and Constantine had no other claime to the Empire then Maximinus and Licinius had, and all these three fought one with another, and Christians tooke part with Constantine to redeeme them­selves from slavery, and he is caught up to Gods throne to rule the Nations, and his Empire is of God. Crownes and Thrones are communicable onely from God, and men have no power to give them. The Father grants his Throne to his Sonne, Rev. 3. 21. The Sonne his Throne to his Saints. They may sit downe with Christ in glory, but not at the Fathers right hand, 1 Tim. 3. 16. because the Spirit speakes expressely of that to oppose the intercession of Christ, 1 Tim. 4. 1. Thrones upon earth with Crownes are given to 24. Elders, Rev. 4. 4. and in them no King may sit downe, nor any of the people, but the Clergie onely. In Gods throne upon earth was Constantine, and the Emperours that served him, all the rest usurped that served the Devill in his Daemonarchie, and so doe all Kings to this day that continue such a Monarchie, and their Monarchies are truely approved of God, that stand for his Thearchie against that impious Daemonarchie.

Come wee to Chartae Regiae, the Kings Revenues, which the Answerer makes the recompence of his care for his people. A common Protector, or common Father of his Countrey, deserves in an high degree to be provided for by his people, who aim­ing chiefly at their owne good, and finding the greatest convenience to spring from a Ruler, are resolved out of their private particular estates, to grant him honourable demaines, & may be by his demerits they possesse all they have, either by conquests, composition, o [...] his meere donation upon recovery of what they have lost, Gen. 14. 21. Give me the persons take the goods, v. 23. I will not from a threed to a shoe-latchet thrive by thee yet Abraham deserved all, and made them rich by whom he would not be said to be wealthy, waiting upon God for his blessing. Its not true what wee give the King is his owne, and all he hath in the proprietie of an owner, is not to be disputed by any: but that proposition is not true, that severall men have the same right in the same thing, except it be common to both, as co-heires, co-partners: but when the right is divided, and each man knows his owne, the propertie cannot con­tinue a common right to both. The Lord Paramount, Mesme Lord, and Tenant, have not the same thing, but severall rights in it. The Lord Paramount hath the chiefe rents and services. The Mesme Lord the rest, and the Tenant the use of the Land. David makes Ziba the servant farmour to Mephibosheth his Master, 2 Sam. 9. 9, 10. The farmour cozeneth his Master by falshood, flattery, and treachery, 2 Sam. 16. 4. He accuseth his Master to be a Traytour, v. 3. and the couple of Asses sadled for his Masters use, he abuseth them to his owne, and brings David a present in his affliction of raisins, Summer fruits and Wine. The King askes him to what purpose he had made such provision. He answers cunningly, they were not worthy of the Kings acception, for his two Asses were for the Kings houshold to ride on, & the rest were for his young men to eate, and his wine to keepe them from fainting. David askes for his Master, and he seekes to murther him in the combustion to gaine his Land, and David gives it most unjusly, and no doubt thought of the death of the traytour at his returne. Mephibosheth mournes more for David, then any man he left be­hind, and comes to him undressed where he had most need of care and cure, as being a lame man in his feet, which the griefe of his minde swallowed up for the losse of David. As for his beard he had not time to trimme it for his heavy thoughts, and now his sudden joy that David was sound and safe, and well returned to Jordan. For his cloaths he had not washed them from the day of Davids departure till he came againe in peace, and David having not forgotten the slander of Ziba, sayes, as it seemes, not without anger, Why wentest thou not with me? He speakes plainly, my servant deceived me in his trust, and hath slundered me to the King, and gotten his heart from me: but my Lord the King is as an Angel of God: doe therefore what is good in thine eyes. We were all as dead men before thee for my Fathers sin, and brothers attempt, and I have no right to cry for mercy, let the King punish as he pleaseth. David perceives the deceit, and sayes, Thou and Ziba divide the Land, 2 Sam. 19. 29. Nay, let him take all, seeing my Lord is in safetie. This example, [Page 33] I would urge as an argument of religion and right between the King and his people. His Majestie would have the whole Land to be his, and I put him Abners question, 2 Sam. 3. 12. Whose is the Land? Doubtlesse Davids right, as all England is the Kings, but with the condition of a League, and so the Kingdome is matter of trust, not for the Jus Regium, the Royaltie, for thats the Kings alone, but the jus ad regnum, the right to every mans Land which is his owne, and not the Kings (further then he hath consented unto him) must have another consideration of use and mis-use. He may not take any mans Land, nor require the profits of it, without his consent, and as it holds in the particular, so in the generall; the King hath no right to the whole Kingdome, without the consent of it in the representative body. Jus Regium will not give him Hull, which hold the right of the whole Kingdome, as a member of it, and is not in Charta Regia, but Charta Magna, not in the Kings Charter, but the Charter of the Kingdome, & without the consent of it, the King abuseth his trust, & hath not the like right in the goods of others, that he hath in his own revenue. In that he is the Lord Paramount, and hath something as his own without trust, in all mens lands, and goods, as his customes of Commodities, and Tributes out of mens estates; [...], what the Land brings forth by husbandry, or brings in by Merchandise, his Majestie hath a part, which is as truely a profit to the King in pro­priety, as the rest is to the subject; so that truely neither King nor Subject hath the whole, thats the Kingdomes to dispose of, and can no where else be rightly deter­mined of, but where all parties meet, and may every one consent how the whole shall be disposed of. The King needs to part with no part of his revenue but as he pleaseth; no more doe the Lords, nor the Commons. The Answerer speaking of the peoples Election sayes, it is not of a body representative, but diffusive, and that by a tacite consent of the Prince. Its true trust is tacite as well as open, and the peo­ple and Prince need not alwayes to meet to make their Covenant: but when things are difficult and dangerous, a Parliament is necessary to agree upon the tacite con­ditions, and to teach all men what they are, and provide both for the prevention of dangers, and provision of good Lawes, that the people may not live in doubts, be loaden with unrighteous burdens, or left to rapine, oppression, and violence of ar­bitrary Commands.

His Majestie is taught strange Logicke, as David was strange Rhetoricke by Ziba, to defeat poore Mephibosheth of his land and life What right any man hath in his land or house, that the King hath in his Towne of Hull. This makes not Hull to be the Kings by trust, but by revenue. Not according to Magna Charta, but Charta Regia, not the right of a fiduciary keeper, but a perfect owner, not of a restoring possessour, but an absolute enjoyer, and such an one as may exchange, sell, and put away the thing he hath to whom he will. What title any man hath to his money or plate, that his Majestie hath to his Magazine there. Any man may sell his armes bought with his owne money, and so may the King sell such things as his owne purse hath purcha­sed, but not what is bought by the common purse. A right of seignurie and trust for [Page 34] publique good is granted, but not so great as false and flattering men perswade him to ruine his people, and raise themselves, as Ziba dealt wickedly both with his Ma­ster and King. David hath two temptations in his misery, the flattery of Ziba, and the rayling of Shimei and he prevailes over the greater, and is overcome of the lesse, 2 Sam. 16 4, 5. a good Lesson for the very best Kings to beware of them that speake fairest unto them, and when they bribe and flatter most, feare a false heart to be hid­den in their sugared sayings, and covered under common curtesies. Many repaire to his Majestie to tell him of the treacherous hearts of others, which like Mephibosheth meane best to his miseries and mourne most for his absence, and take pleasure in no­thing for the sorrow they conceive of so great calamities as attend the distraction of the head and members, and how glad would they be of his returne in peace, and thinke all losses nothing that they might finde former favours, and that Gracious a­spect that hath been clouded so long by clamorous men in the disguised habits of their dangerous designes upon others.

Facta Regia, Acts of grace are many, in passing Bills for his peoples benefit, and acknowledged by the Parliament, and all Petitioners, and the turning of them into open hostilitie by evill counsell, will cut off the remembrance that ever we had the hope of happinesse by a Councell distracted and deserted causes without all excuse, for distraction cannot be by the Members that remaine in their dutie; for it were a wonder that a Parliament should be a Parliament by the distracters, as if that mem­ber should be the body, that cuts it selfe off from the societie of it. The departure or desertion is argument enough of the first cause, & the condemnation of those mem­bers that made the faction; as for example, in the first Vial, a sore is made by the so­lution of the whole, Rev. 16. 2. The vial is a vial of wrath, and the first plague upon the earthly Kingdome of Antichrist, and it divides between the sound and the sicke, and here the separation is of the better part from the worse; such an one as in Da­niel, Chap. 12. 10. is by tryall between the wicked and the wise, and the wise leave the wicked, and free themselves from those that beare the marke of the Beast. Both cannot be the true Church, and parted hold the same notion; for the wise leave the wicked to be that which the wicked cannot be: So either the departed members are the Parliament, or those that according to the Kings Mandate, remaine dictis die & loco, for time and place where they should be, or else we have no Parliament. To say we have no Parliament, is against the act of continuation. To say we have it in them that are departed, is against dictis die & loco, and therefore they that are called, and have appeared with the rest upon the day, and continued in the place, have the Kings authoritie, and if they were called Cessante quacunque excusatione, I wonder by what excuse they are departed? If a man had no minde to come to Parliament, he might plead something against his Summons, or for his stay, but he must have a warranta­ble libertie, or his own licence will not beare him out, more then it did the Bishop of Winton arraigned in the Kings Bench, for that he departed without allowance; and the Law is plaine, that no Knight, Citizen, or Burges absent himselfe from Par­liament, [Page 35] without the leave of the Speaker and Commons; but these depart, and say they are driven away, and yet know not by whom. When the Proconfull guarded with clubs, with swords, and chaines, entred the Ephesine Councell, the fathers cry­ed, Ʋbi gladij & fustes, qualis Synodus, where there be swords and clubs, what kinde of Synode is it? and because the faction sought by force to prevaile, it was aptly cal­led a Latrocìnie, and yet our Parliament thus assaulted departed not, or ever procu­red swords and chaines to chase away any. The departure is a desertion, and the shame must have a cover, and can it carry away wise men as well in minde from the good liking of the Parliament, as it hath done the bodies of these men for some base words of busie-bodies, that might easily have been tamed and taught to have laid downe words, and weapons, farre better then Armies can be discharged, that have now embittered their swords in the bloud one of another.

They are gone, but have not dissolved the Parliament, and I must now put the case of conscience to be resolved who fight against the King? All the Kingdome may know it by this. They either take up Armes against the Kings person, or his autho­ritie, or both. It would have been against both, if he had been in his Parliament, and though his person be absent, yet his authoritie is present, & who fight against that, all men know, and to defend that Armes are taken up, and so for the King. But you will say, the Kings person is where his authoritie is not; or else he hath one autho­ritie against another, & then no man shall know, who fights for the King or against him. I know what I could say, if the King were in Parliament, that the Army that goes under his name, would rebell both against his person and authority, as he now is, I think he is a rebell that desires his bloud, or with any intention takes up armes against him: but if they be taken up to suppresse them that are actually in rebellion against his authoritie, his person will never defend them, nor himselfe, if he will die where no subject can helpe him. It is doubtlesse the dutie of each subject to lay down his life to save his King, but the King that may die in his person, never dies in his authoritie, except the whole body be dissolved, which now bleeds in every mans wounds, and at length will shed the heart bloud of the Kingdome.

I come now to the fourth jus, which is neither Regium à Deo, nec à suis, nec à se, but which is jus ad regnum, and such a trust as he must answer for to his Parliament, and his Parliament to his people. He hath called that, and continued it, and by ill coun­sell can neither discharge his trust in his own person, or suffer his counsell to doe it. We are now come to the consideration of the person, to whom the trust is conveyed by the people, that have jus ad regnum, which they never give away from themselves, for then they had no right in the Land, or to make any League with the Prince to hold it for them. He that gives away his money and repents cannot recover it as his own. He that lends it to another, lookes not for the same money againe, but the like in value: But he that trusts another man with his horse, lookes for the same againe, though another man may upon conditions make use of him for ever: yet as long as there is the being of that which is lent, the owner is the right heire, & cannot have [Page 36] more taken from him then the just use of what he hath. Every free-man in the King­dome hath his portion of it, and parts with no more but the use of what he ownes for his profit, and so every man submits to his Prince to gaine by what he gives him, and without his gift he can take nothing from him. His Majesty hath three rights that no man can take from him, Jus regium, Charta regia, facta regia and his subject hath but one little Ewe Lambe, and will he have that too, with the hazzard of his best beloved people. They must be deeply drunke, and extreamely deceived, that see not the fallacie of flatterers.

We shall easily conclude the rest that remaines. The trust is committed to the heire apparent of the Kingdome, and for those that are heires as well as he, Ezek. 46. 18. The Prince shall not take of the peoples inheritance by oppression, to thrust them out of their possession: but he shall give his Sonnes inheritance out of his owne possession, that my people be not scattered every man from his possession. There is a threefold equitie laid downe to the Sonnes, servants, and people of Princes. The two first receive by gift, and the Sons inheritance is perpetuall, but the gift to his servants is not their inheritance, but the Princes, and returnes to him againe after yeares, as it does to any heire, and therefore Princes are bound to know their own, and to whom they give it, and with what right; for oppression in him is a great and grievous sinne, and makes for the dissipation and desolation of his whole Kingdome. Severall rights are not the same right, neither can severall men have the same right in the same thing. The people have no right to the inheritance of the King, nor the King to theirs, but every man must know his own right and hold it. Hull and Hotham must hang^d the whole Kingdome; for there the King begins his bloudy plea against a man that holds Hull upon the same termes with the King, and does justifie his right by the same right with his King, both have the right of trust, and from the same persons, and are both bound to preserve it for them, and the King offends as much to demand it as his own, as Sir John Hotham to hold it from him; for as the King demands it, it is not his own, and the Towne may as well hold it from him, as Naboth did his Vineyard from Ahab. This is not to deny the King his trust, but his wrong^d, to deliver the Towne out of his own hands into theirs in whom his people will not confide; for they never granted his Majestie so large a trust, as to doe with them what he pleaseth, and that against his Councell, in the which they confide as much as in himselfe, and to oppose it, is to oppose himselfe.

The Resolver of consciences begins at Hull, and makes the Parliament begin the warre, as if to watch over their trust, were to warre with the King, or the defence of the Towne in that trust a sin in the Parliament: but sayes he, where be your tres or­dines, the King, Lords and Commons being gone. We must be resolved how they are gone. The King is gone in person, as S^t. Paul was from Corinth, 1 Cor. 5. 3. who left his power with them to excommunicate the incestuous person, without the which they could not have proceeded, and are taxed for negligence in two things. First, that they mourned not. Secondly, made not the matter knowne unto him, but that [Page 37] it was reported by others, and therefore enjoynes them to meet in the name of the Lord Jesus Christ, and his Spirit, effectually to deliver him to Satan that had so sin­ned; and so is it in the Parliament, the absence of the King dissolves it, no more then his person makes it. It is his authoritie that he leaves behind him, and hath none to crosse it at the Gates of Hull, which by his own authoritie are shut against him, and he may by the same open them when he will, but to follow such coūsell, as to claime Hull for his inheritance, & deny the trust of his Parliament, is to deny his own trust, and suffer himselfe to be wronged to wrong others, and to make himselfe heire and owner, where he is onely so by seignurie and trust for the publique good. The Jus regium is his, and so is the Jus ad regnum, but it must be Regni judicio, 1 Sam. 10. 25. and not Regis judicio, 1 Sam 8. 9. 11. he may not take Hull from the Kingdome, di­spose of it to himselfe give it to his followers, force them to complaine; for they doe it in their right, which a desperate people could not doe, 1 Sam. 8. 19 they refused, being resolved of the conditions of slaves, and will have a King upon the conditions, and God sayes, they shall have him, and he will not heare them: but we justly op­pose those conditions, & if such cry to God for wrong, he will heare them. To what end is this trust, but to restore it with gaine to the people, and who but theeves get by their plundering and plucking away on all sides. To plunder the Papists as well as Protestants without Law is hainous and horrible, and all this is because trust is not performed, and who hinders it but he alone that will have it alone, & is perswaded against all sense & reason; if he may not discharge it alone, he will not discharge it with others, & then to what purpose hath the whole Kingdome consented to a Par­liament to procure our peace, if it may be warred against for performance of duty.

Our last point is the conveyance of this trust by a sacred oath that bindes the King to the observation of the Lawes made, and the concession or grant, libertie or per­mission to the people to make new Lawes, which I plainly prove by the parts of his oath. Servabis, will you keepe to the Church of God, the Clergie and people, peace and con­cord, thats the end as the Apostles sayes, why wee are bound to pray for them that governe us, 1 Tim. 2. 1, 2. No peace can be without men in authoritie, and they are bound most to seek the peoples peace, that are sworn unto it. Now the way for them to effect it is in these words of the oath, Facies fieri, will you cause to be done in all your judgements equall and right justice, as also discretion in mercy and truth. In all your pub­lique judgements, in all your publique Courts. In curia not in camera, in your courts where your people may have it, & not in your chamber where your Courtiers keepe them out. In Concilio communi, & not in concilio è secretioribus, in your cōmon coun­cell, and not in that which is privy and kept close for matter of State, not fit for the vulgar people to pry into, as being secreta Imperij, by the which we are not ruled, but protected, & such Acts are Acts of Grace indeed when they are kept in the Prin­ces bosome, and come forth not as councells of warre, but of peace to the people, which their Lawes cannot provide for, & in such things may discretion be yeelded to the King, and being done in mercy and truth make Princes honourable for grace [Page 38] and goodnesse, above what they are bound unto in the common course of justice.

The second part of the oath, is Concedis, doe you grant and permit just lawes and cu­stomes to be kept, protected, and strengthned, which the people justly and reasonably have chosen, or shall choose? This part of the oath is denied, that the King is bound to make new Lawes, and the Answerer sayes of Elegerit, that there is as great a difference be­tween two tenses, as Monarchy and Democracy, and that consuetudines cannot refer to the future, all which are false in the very oath it selfe. He conceives one tense to make the King a Monarch, and for the future to doe what he will, and deny the peo­ples electiō of what they would have, as if it were of what they have already chosen, when election is of some thing to be, and not of that which is. Lawes that are need no election, and a Parliament were a passing madnesse to meet to do what they have and may doe no more, and it were madnesse in the King, having sworne to observe the Lawes made, to grant & permit the people to choose them, having chosen them already: but here is a pad in the straw that delinquents would hide from others, fear­ing the making of Lawes as the Bishops did against extortions in the reigne of Ri­chard the second, when the Commons desired a grant of a new power to inquire into extortions, the Bishops and Clergie protested against it, and the King confessed it was contained in his oath, and that he was obliged by it to grant what was desired, & this reveales the plot, that offendors study to make the King an absolute Monarch to be bound to do nothing at the peoples request, but what he pleaseth, & will yeeld them out of his grace & goodnesse; for the future tense is fearefull to fall upon them, and the people become Demarchs, or popular Magistrates, to moderate their suppo­sed Monarchy; for in truth if the people in Parliament may choose their Lawes, the Democracy will prove a Demarchy, and that spoiles & destroyes Monarchie, which is true of such a Monarchy as they meane, but they meane as ill of a Demarchie to make it so absolute, that the King must yeeld them their election in all things: and it is true of a just and reasonable election, which is not determined, as the Answerer sayes in a diffusive body, for that were madnesse indeed, & to say as he does that the election spoken of in the Kings oath is the election of such a body, sheweth the man is distempered and sayes he knowes not what, for the election of Lawes must needs be in the representative body, and there onely it is just and reasonable, and as for cu­stomes in the diffusive body, they may by election in the collective body, have the same strength that Lawes have, and so Elegerit may equally concerne them both in this sense, the lawes and customes which the people have chosen at any time in their publique assembly.

The Answerer satisfieth the originall of Monarchy with God and the Law, and under the last comprehends the peoples consent, and sayes the cavill is groundlesse, and confuted within a few lines, making the Law a popular paction; but his Majestie seemes to me by God & the Law, to understand his divine right conveyed unto him, and it seemes to be so, because he is bound to give no accounts of his doing to men, but God & the Law; for the people that send their deputies to the Parliament can­not [Page 39] place that trust in them that is given to the King, who cals them at pleasure, and dissolves them when he list. Its true he does so, and the experience of it in suffering wrong hath made them cautelous of continuance, and the trust reposed in him can­not be such a prerogative to use it after his owne will; for even in this it appeares he breakes his trust manifested in his Writ, Consideratis negotiorum arduitate & periculis imminentibus, let the exigence be what it will, the grievances not redressed, no petiti­ons heard, no Bills granted, but at the pleasure of the King as they came, so may they depart, and he that is sworne to the peoples election of Lawes, may suffer them ne­ver to make any, how necessary soever for the occasion, and in themselves very just and reasonable. Surely, the Observatour saw more then the Answerer did, and he might have looked back to his own words, saying God is the immediate Donor of Regall power, which if he be the people are excluded; for what God gives imme­diately, is meerly divine. Paul an Apostle neither of man or by man, Gal. 1. 1. therefore called of God immediately, and so must Kings be if he say true, and men quite ex­cluded, as they were in the calling of the Apostles.

Dominion usurped remains so and referres to God till it be redressed, and he that gains a Kingdom by force, may have it recovered from him. He would in the words finde a crontradiction, that God is as well the Donor of usurped Dominion, as just and hereditary. If they be contractions, the one must be false, and his owne words will prove him to contradict himselfe; for out of Jer. 43. 10. Isa. 45 1. Kings are said to be Gods servants, and his annointed, and yet both usurpers of Dominion, as may appeare by the foure Beasts, Dan. 7. 2, 3. they rise in a tempest, expounded of warre, Jer. 49. 36. 37. applied to the ten Kings, Rev. 7. 1. and in the second seale, Rev. 6. 4. the sword from Trajan made the Romane Emperours, and yet their Dominion was from God, and Christ commanded Caesar should have his right, and private men might no more resist it to usurpers, then heires and owners. He that looseth a King­dome by force, may recover it by the same title, not so by his right. Joash came to his right, not as he lost it, but Jehoida knowing he was the heire, helped him to it by the death of Athalia. Ezekiah rebelled and prospered of God, because his father had given away his right to the King of Assyria, and he regaines it by the divine bene­diction. Constantine had no title but the sword, and yet he holds the throne of God; and the Observatour must say truely, as Christians have obeyed them they were not bound to obey. God gave them not the sword of the Magistrate, but when they had it on their side they maintained it, though the right was dubious, and I thinke three Emperours stood up together, when Constantine gained it from them both. It is not good to open such a gap upon authority, as to deny the dominion because it is usur­ped, for it referres to God, who never speaks of one kinde of power, but all powers, and makes it damnation to resist it: and if Christians were bound to the power of one, as to Maximinus, then must they fight with him against Licinius; if to Licinius, then against Constantine, which is injurious to Christian libertie, which as it bindes them to obedience, so to understand that they fight not on their side that are enemies [Page 40] to God, against them that are his friends. As he denies you Observatours reference to God for usurped Dominion, so the inference from man as the cause of Dominion not usurped. Which argues great simplicitie. I will but put him the case, whether all Dominion be not usurped that want the peoples consent; even David himselfe had usurped the power of God, if he had not gone to Hebron, which from Caleb was his inheritance, as belonging to the kingly Tribe, Judg. 1. 11. where Judah comes and makes him King, 2 Sam. 2. 4. and then all Israel, 2 Sam. 5. 3. Power not usurped comes from right amongst men, and this is the adequate cause, reciprocall with the effect, that can follow upon no other cause, and therefore it is greater then the ef­fect, and causaliter the King is Minor universis, lesse then all that give consent, for as the people consent to him, so he consents to them, and therefore as causaliter, so to­taliter the whole is greater then the parts, and they are no Logitians that so lightly phillip off the authoritie of received Maximes, with grosse mistakes. That also, quod efficit tale, est magis tale in causalitie, and consent of King and people is more the cause of their power received by one, then either one man that gives, or one man that receives it.

The King is not so much the cause of his own power, as they are that give it him. The end is more honourable then the meanes, a true proposition, and the framer of Arguments knows not what an argument meanes, neither doe I thinke he can make a Syllogisme. His first Enthememe, or Ergo upon nothing is, the Commons are more honourable then the King, men then Angels, man then Christ, the Patient then the Doctor. Take his Medias, the King, Angels, Christ, and the Physitian are more then Mediums. A King is a man of an eminent qualitie, and hath the honour of a father. Angels are great in power, and mens superiours in creation. Christ is both God and man, and the Physitian learned, yet as all these serve for their ends, the good of them excells the meanes, and it is more honourable for the King to serve his Kingdome, then seeke his own honour, more glory to Angels to minister for the heires of sal­vation, then be onely for themselves. Christ become obedient to the Crosse to save us from curse, and his honour is great in so doing. The Physitian procures his pati­ents health, and his own honour and wealth in so doing. Queen Elizabeth counted her people her Jewells, and preferred their peace before her owne paines; but these disputers dash the Subjects with their dirt, and more disgrace then honour their Kings to plead for them in opposition to their people, & care of their good. I shall leave the Answerer to the Observatour, and lay downe these Propositions, plainely denied by all Monarchicall men, that understand not the difference between meere and mixt Monarchie, but sometimes they are for an absolute Emperour, and then in that being crossed by the Parliament, are for one conditionate, and when we come to conditions, of trust, say as this Answerer doth, that there may be a trust without conditions, and that it is the greater the more free it is from condition, & wonders what is meant by the Observatours result, that of all he hath said the summe comes to this, that Kings cannot be said to have so unconditionate and high propertie in [Page 41] all the Subjects liberties, lives, and possessions, or in any thing else to the Crowne appertaining, as Subjects have in the Kings dignitie. This he understands not by the office of a King, which is conditionate though he usurpe his crowne, and will have his own conditions; for the Observatour tells him clearely, that Kings are not one­ly bound by their oaths, but by their offices & soveraigne dignitie, to promote their people to all kinde of politicall happinesse, according to their utmost devoyre, and though single persons receive grace and favour from him, and are bound humbly and thankfully to acknowledge it; and the Commons have often done it in their be­halfe, and would still be glad to doe it: but the whole State confesseth no merit, as be­ing the dutie of every member to protect it; for that is (as he sayes) the [...] of all Politiques, and directs us to the Paramount Law, that must give Law to all humane Lawes whatsoever, and that is Salus populi.

The law of Prerogative it selfe is subservient to this, and were it not conducing thereunto, it were not necessary nor expedient. Right of Conquest acquits not Prin­ces from this, and Pagans that knew not God understood this; and whereas they that are for Kings unconditionate and absolute, and accuse men of irreverence and disre­spect unto them, they of all men disgrace them most by discharging them of their duties, and give them such Graces as tend to make them gracelesse. I will propound these Propositions, contradicted by them, and proved true by undeniable reasons. The first, the Parliament is above the King. Contradiction, the King is singulis and universis major, the Answerers proose, 24. H. 8. c. 12. Where by divers, sundry, old, authenticke Histories and Chronicles, it is manifestly declared and expressed, that this Realme of England is an Empire, and so hath been accepted in the world, governed by one supreame head and King, having the dignitie and royall estate of the Imperiall Crowne of the same: unto whom a body politique, compact of all sorts and degrees of people, divided in termes, and by name: of spiritualitie and temporalitie, been bounden and owne to beare next to God a naturall and humble obedience. The Answerer must remember what he hath said to these words, the whole Kingdom is not so properly the authour as the essence it selfe of the Parliament. He answers, this declares the materiall cause, proves not the efficient, and he sayes truely, for the efficient cause gives esse, but not essenti­am. God gives being to the world, but he is not the essence of it, and so the Obser­vatour being a better Logitian then the Answerer, sayes the whole Kingdome is the essence of the Parliament, and his Majestie declares so much when he speakes of the three members of it, that himselfe, and his two Houses make up the Parliament; and he wants reason that knowes not what members are in relation to the integrum, parts essentiall which make the universum, or the whole, & now see how absurd our An­swerer is, that will not see that the King is Minor universis, then the whole King­dome, then the whole Parliament. His Majestie hath made himselfe no more then a member, & no member can be greater then the whole. Bracton sayes the King Pa­rem non habet in Regno, nec superiorem, and therefore Major singulis, greater then any Subject. Rex non debet esse sub homine, sed sub Deo, & sub Lege, No man is above the [Page 42] King, but he is under the Law, and not onely the Lawes of God, but of men, and therefore Bracton addes, Rex habet curiam superiorem, The King hath his Court a­bove him, and good reason, for the Legislative power is above the Law, and if the Law that flows from it be above the King, then must his Majestie be under that also, and so the Parliament is above him. I do not say the two Houses as Subjects, but the King in them as the head of both, which neither death nor departure can destroy.

The act of Parliament is not personall, and binds while he is in it, but it binds for ever till it be repealed, and it must be repealed by the same power that made it. The Act of continuation binds the King & his heires, till he and his heires with the con­sent of the Makers dissolve it. The King is departed but cannot dissolve it. The King dies in his person, but not in his heire, and his death dissolves it not, neither can it be dissolved till his heire and both Houses consent to the dissolution. If the death of the King destroy the Parliament, then his Army will be happy in his death, and why most miserable, and to kill the King will be our destruction; for if he and the Par­liament die [...]o [...]ether, we are undone, so many Papists being gotten into his Army, having both King and his heire in their company, we must never looke for another Parliament, and so Religion, Lawes, liberties, goods, lives, and all we have are gone, and therefore we cannot stand for the Parliament, but wee must stand for the King and his heire, and cursed be they that lay violent hands upon either: and now to the Answerers Statute, we wholly grant it, that the King is above every Subject, & his Empire as it consists of them, but neither above the whole Kingdome, that gives es­sence to the Parliament, nor the Parliament that receives essence from them, & more especially from the three members that make the universe, which his Majestie is but a member of, and inferiour to it, or else reason & the Maximes thereof are all vaine, as the frivolous Answerer would make them to be; for the Observatour gives many, as a judicious man, and to quarrell with them, they are questioned upon all occasi­ons by the fl [...]ting wit of one that would serve his King to seduce him; like those in the Prophet, The men of thy peace, have prevailed against thee, not for thee to doe thee any good; Thy feete are sunke in the mire, that is, thy affections by their ill counsell are corrupted and caught in a defiling way, and they are turned away backe, Jer. 38. 22. God helpe his Majestie from these base men that keepe him in the mudde, that he is not able to wade out by the counsell of his best Councell.

The rest of the Propositions be these, that I hope will all follow upon the first, and the faithfull of the Nation will cleave unto them for God and the King, & his great Councell. First, the Parliament is the greatest Court of Justice. Secondly, the mouth of the King, as well as any other Judges. Thirdly, may judge when the King is ab­sent. Fourthly, the judgement of it is to be reversed by no other Court. Fiftly, This Court as well as the King hath the trust of the Kingdom. Sixtly, the trust of the King may be transferred or transmitted to the same. Seventhly, his Majestie by fact or de­fect, act or default may be the mis-user or non-user of his trust, and being an office defective in him, may be supplyed by his Councell. Eightly, Whatsoever is done by [Page 43] his Councell, is done by his authoritie. Ninthly, they that resist it, are guilty of that damnation, Rom. 13 2. Tenthly, they that resist it by Arms are Rebells. The eleventh Proposition, they that rise up against these Rebells, rebell not against the Kings per­son. Lastly, the being of the Kings person or his personall cōmands with them, can­not discharge them of rebellion that rise up against the Kings authoritie.

The Answerer contradicts all these Propositions. I will deale with him in all he hath said, pag. 21, 22, &c. The Kings power sleepes not during the sitting of the Par­liament. He does ill not to explaine what power he meanes, for I thinke he is asha­med to speake it, and yet he does, saying, that it is not probable the Lawes should place a power greater then his in such a body: which is plaine it doth in the Legis­lative power, which is not in the King, but in his Councell. His reason for his asser­tion is this, the Parliament is in his disposall to call it, and dissolve it. What then? if in order he may bring them together and dismisse them, then he may determine of all they doe: who will grant that, nay grant so much as at pleasure to call them, and send them away when he pleaseth. He makes it a trust to doe both, but that is (sayes he) irrevocably committed to him and his heires for ever. What must that conclude? that a temporall power ought not to be greater then that which is perpe­tuall. Why so? lies the Kings power in time? then at all times he may doe as much as his Councell at any time. Who now dissembles the argument of power, and di­sputes poorely for the King? The reason why the King countermands not the Judgement of inferiour Courts, is, because the Judges in them sustaine his person, and his consent is by Law involved in them, and there would be no end, if he should undoe what he hath done by them. To this I answer, that for the Lawes made, his Judges in Parliament have a greater power to declare Law, then any Judges in the Kingdome, and if his Majestie had power to undoe that, the Kingdom should never be resolved what to doe. But his Majestie cannot appeale from himselfe to himselfe: no more can he appeale from his great Councell to himselfe, or any Court for justice, but in the right way, and so all Appeales are from the King to the King.

He makes his Judges take an oath, they will doe right to all men, and in that pub­lique way he passeth sentence, and in no private way of his owne; a judiciall no ex­trajudiciall, an obligatory no arbitrary, a legall no illegall conveyance of publique right unto his people. And is not this much more necessary in Parliament, and may the King desert his Parliament at London, and doe Justice at Yorke, or up and downe the Countrey to oppose his Parliament, and say he is not bound unto it, but may without it doe what he list. He shall not contradict his inferiour Courts in the ad­ministration of justice, but the Parliament shall administer none without his leave. His own Acts appeare in his own Courts, but the Parliament shall be denied them, and the reason is because they are not his Delegates, but their own Deputies, or the peoples. The Lords are excluded by the King and people, as appearing for them­selves, and the Commons by the King, as appearing for the people, and the King appeares for himselfe, and so every man for himselfe, and God for us all; and so this [Page 44] Writer might write for the Devill, and the division of the Kingdome, teaching the King to depart his Councell, and leave it no judgement for his Subjects. The truth is Kings have a right, and heretofore they made use of it, to sit in judicature perso­nally, and therefore Bancus Regius, the Kings-Bench is so called, because he sate as Judge in it in his proper person, & it removed with him, which the Court of Com­mon-Pleas did not▪ Strange wandering and wasting breath in vaine to blast the grea­test Councell, Court, and policie in the Kingdome.

He meant to shew more learning then judgement, for thus he concludes, the Coun­ties which intrusted them, looke upon them as Judges, not Politicians. First, he denies them to be Judges, and then confesseth it, and sayes, they are Judges, but no Politi­cians. Again, they are Counsellers, but not in all things. Judges but not of the King. Politicians for themselves, but not for the Kingdom. The Kings Coūsellers in some things, His Judges in nothing; and to be called his Politicians a grand offence. I will now close with him in the maine battell, and could wish my pen in this the one­ly pike in the Kingdome, and my Inke the onely bloud.

He begins thus, Authoritas rei judicatae vim legis habet, The King cannot counter­mand his own judgement, quia transit in rem judicatam, when a thing is once judged, it can never be repealed by the same judgement, for that were a way to make judge­ment upon judgement against the rule, Infinitum in jure reprobatur, the law detests in­finites. The counsell, judgement and policie of the Parliament is the highest, & there­fore above the King, who by no counsell, judgement or policie can reverse the reso­lution thereof, no not by all the Judges of England, nor the others Counsellers of State. No law, no policie is above that power that is wholly independent, absolute and indisputable. That the Parliament is the highest Court is plaine, that no Ap­peale lies from it, for it binds up & supersedeth all inferiour judgements. In praesentia majoris, cessat potestas minoris. I will instance in his own example of the Kings Bench, which is Eier and more then that, for if a Commission of Eier sit in a Countie, and the Kings Bench cometh thither, the Eier ceaseth 28. E. 1. the Statute is that the Kings Bench shall follow the King, & that the Steward of the Kings houshold should cease in power to determine any longer pleas of the Crowne. And also in Terme time when the Kings Bench sits, all Commissions cease in the same County. The Pope in the time of his supremacie in England was supreame Ordinary, and when he visited, all inferiour Ordinaries could do nothing. The Archbishop challengeth the same in his visitations over Bishops, and Bishops over all inferiour Courts, which they shut up when they visite their Churches, and all the reason is from supreame Jurisdiction that one order holds over another, and if reason allow it in all States so to doe, it must not be denied to the three Estates of the Kingdome when they sit.

Wee must here prevent an objection of the power of Justice in the dispensation thereof in severall Courts by severall Judges in their Termes and times of the execu­tion of Lawes, the Parliament fitting at the same time, and if they be superseded by the Parliament, the Legislative power may destroy it selfe, and the whole King­dome, [Page 45] as at this present, if the Parliament supersede the Courts by a cessation, and the King the Parliament by his power and command, where shall we have justice. O! the misery of civill warre, who shall rule that none may rule. If the King will rule his Parliament, the Parliament the Judges, and by the first Supremacie all must be done, the truth is nothing will be done. Put the case the Pope were the supreame Ordinary to rule both swords, for so much they gather, Luk. 22. 38. Lord there be two swords, and the Lord sayes, they are sufficient for Peter to kill and eate, Act. 10. 13. and this Text makes for the same matter, but the conclusion is nought, Peter must put up his sword, and know that they must perish by it, Mat. 26. 52. that smite off the right eares of others, Joh. 18. 10. and will not heare justice. Certainly we have lost our right eares to heare truth, and by the left follow sinister judgements. Where the fault is any man may judge. He that denies the Parliament to be the supreame Councell, and set the King above it, gives him pernicious counsell, and till he heare his Parliament we will never look for peace, but to perish by the sword. He that de­nies it to be the Kings Court, and the Lords and Commons his Judges, teacheth the King a sinister judgement, to cut off not onely our eares, but our lives and liberties. He that rejects the policie of it, to prepare for other politicians, is himselfe a pesti­lent Malignant, and a plague to the King and Kingdom. As for the Parliament, the paramount councell, court, and policie of the Kingdom, can give better satisfaction to all men without a killing sword. If Peter, the Pope, and Bishops may draw it in England, neither King nor people, nor Parliament, shall be at quiet amongst us. Our right eares are off, the Lord touch them, and heale them by his Spirit.

The cessation of our Termes is from the sword, not from the Parliament, for with the supreame court, all courts did sit in Israel, 2 Chro. 19. 5. Judges in all Cities, v. 8. In Jerusalem the great court, to the which all the rest were to seeke, Deut. 17. 8. All courts have their proper jurisdictions and distinct offices, not absolute and indepen­dent one upon another, but subordinate and serviceable for the last end. In the Par­liament the three Estates have severall rights that serve for one end. If the King will vote for himselfe in the use of his trust, the Lords and Commons may oppose him. He lays to their charge 7. things. 1. That all rights depend upon them. 2. That they are boundlesse. 3. Judges of all necessities. 4. That their members may not be judged except they please. 5. That he hath no negative vote. 6. That they may warre upon him. 7. Depose him. To his charge the Parliament are forced to lay these bad coun­sells. 1. That regall power is no trust of man. 2. That he is above his whole Parlia­ment. 3. That he is above the proprietie of the State. 4. That he is accountable for no trust. 5. That Parliaments are not of duty, but meere Grace. 6. That he may dis­continue them when he will. 7. That they are to counsell him in some things. 8. That it may be imprisoned if it passe the Writ à quibusdam arduis, ad omnia ardua & neces­saria. 9. That deserted they are a voyde Assembly. 10. Have no power to save the Kingdome. 11. That the major part is not considerable, many being absent, or dis­senting, or ruled by fraud or force. 12. That Parliaments may not onely doe disho­nourable [Page 46] things, but even such actions may proceed from it, as may be treasonable. 13 That it may ordaine warre, and appoint men & money to maintaine it. 14. That it cannot declare Law. 15. May be questioned and tryed, &c. It were infinite to pro­ceed in all that is pronounced axiomatically for truth on all sides. The King would have none to share with him in his power, because it disables him to protect his peo­ple, for he that denies the meanes denies the end, and the diminution of his power is so farre the destruction of the end, as he wants any part of it to promote the same. In policie is comprized the whole act of Soveraignetie, and the peoples subjection, which is according to Law, and not the will of the Prince. Law is left to the inter­pretation of sworn Judges, and not to be violated by power, and where Parlia­ments superintend all, and have the umpirage, there will remain an happie har­monie of all hearts now distracted and confounded.

The King as to his own person is not forcibly compelled to do any good, or re­pelled in any ill doing, nor is he accountable for ill done, Law has onely a directive, no coactive force upon his person. Notwithstanding in all his irregular acts, and personall commands against Law he may be disobeyed, not onely by communi­ties, but single men, and this is no resistance of Gods ordinance, but the observation of it. Now the powers of God being in the persons of men, we must with an irre­gular power consider the personall force of a King, which may not be resisted, as the other may be neglected; for Davids good example should affect every good man as it wrought upon him in the cave and the camp. 1. Sam. 24. 6, 7. and 26. 9. so to touch the Lords anointed, as to take from him a testimonie of our own innocence, and disarme him as farre as we can from doing us hurt, David took away his spear from his head, v. 12. and would have taken Keilah from him in the same manner, if the men of the Citie would have been true to him, as he was to them in saving their Citie from the Philistines, as he promised also to save Abiathar from Saul, 1. Sam. 22. 23. and 23. memorable passages in David for our dayes. He armes him­self, receives armed men, protects the innocent, and his words to Abiathar are worthy the noting, Abide thou with me, fear not: for he that seeketh my life, seeketh thy life, but with me thou shalt be in safeguard. Here David promiseth Gods Priest protection against the King. His men are afraid to go out of Judah, and counsell is taken, and successe promised. David having prevailed is confident to secure him­self in Keilah, if Saul assault him in the Citie, and will defend it, but if they betray him he will depart, and prevent Sauls journey. Many question his men for wicked persons, and his cause that he would be a Captain over them. The text sayes they were men in distresse, and may be by Saul, and unmercifull men that oppressed them, and made them live in great discontents, his father and mother and kindred were unkindly used by the King, and David was fain to seek to the King of Moab to shew them mercie. God comes to David to comfort him, and bid him leave his hold, and Saul having his men about him, and his spear in his hand, chargeth them of too much love to David, and to make them hate him, useth hypocrisie, flattery, [Page 47] and lies: His hypocrisie is to cover his crueltie. His flattery is what he will do for them, what David cannot do. Will the sonne of Jesse give every one of you fields, and vineyards, and honours, just as Samuel said they should have a tyrant to take them lands and possessions, & give it to his Courtiers. His lies are yet worse, to accuse all of conspiracie with David, & that none are sorrie for his sorrows. Such accusations are ordinarie, and if we suffer every man to tell his tail, truth will never be known.

The leavying forces against the personall commands of the King (though ac­companied with his presence) is not leavying warre against the King: but warre against his authoritie, though not person, is war against the King. This is the worst complaint the King hath, and so well answered with all the 7. positions put upon the Parliament in their Remonstrance, as I shall need say no more but remember all men of the strength of it in the end of their book. He likes not the interpretation of the Statute 25. Ed. 3. which leaves the King lesse provided for then any Subject, the reason is from treason against the Kingdom, and not the King, &c. the words must be so expounded to make the argument, but they run King and Kingdom, as well the one as the other, and the same reason is for both. There may be treason against both, for they stand and fall together: take away the Laws, and neither Prince nor people can be secure. The Parliament saies the King hath no power to destroy the Laws and people of England. I make no question but his Majestie saies the same, and yet if he beleeve he is both above them and the Parliament that makes them he may do both, for the repealing of a Law belongs to him that is above it, and if treason may be charged upon his Councell, he may destroy it, and then the people are nothing but a prey to whom he will. That Treason may be committed against the Kings authoritie who sees it not, and if he will not see it, he cares not for his own safetie. Though not directed against his person, except he will preserve it in his power, and his power in his Parliament, for above it he hath none, and against it they are all Traytors that now are in armes in pursuance of His Majesties personall commands accompanied with his presence. His personall commands are no part of his authoritie, as being out of no Court of justice, nor the judgement of his Judges, for who dare say the Commission of Array is the Kings authoritie against his Parliament, I mean not of two Members, for they cannot make a Parlia­ment, and if there be not all the Members essentiall it is no Parliament, that the King, many Lords, Commoners are gone away will not help, for no man saies the Kings person makes a Member of Parliament, but his politicall body, 7. Rep. Cal­vins Case, the King is a body politick, lest there should be an interregnum; for that a body politick never dieth.

The Act of continuation convinceth the truth of this, that the King hath no power to destroy the Parliament. Dissolve it he cannot, and therefore the Members are united in one; for what is death but the dissolution of the parts, and the parts dissolved loose the name and nature of the whole, and their union continues both. Poore prisoners to the Parliament and Kingdom whither will you go to shake off your shackles, to the sword that casts you into stronger chains, and if the people were not possessed with a spirit of giddinesse they would not arme as they do to their own perdition. If you have not an whole Parliament, you have none at all, for the parts are three, and [Page 48] one by union, and the union is of all, and break that band and the Parliament is a chaos. The King cannot break it, his consent is gone, and can persons that make the parts, dissolve it, as long as th [...] be parts if so many parts as three remain it matters not how many persons be gone. It is not the ab­sence of persons that destroyes the Parliament, but the privation of parts, which can never he with­out a dissolution. Tell me not of Malignants in the parts, they are three Estates, uncapable of ma­lignitie, who dare call them Malignants. The persons may be so, and they must be so that depart, and some may be so that remain; but the Parliament is not so either in the whole, or essentiall parts Rotten persons may be cast out of the Houses, as ill parts are cut from the body, but the head may not off, nor the heart be stabbed, for such essentiall parts wounded, yeelded up the ghost, & so will it be, if they be able to prove the Parliament still holds not in the three Estates.

A few words of the rest. To declare Lawes at pleasure either of publique persons in a private capa­citie, or of private persons in a publique is dangerous and damnable; for as the one hath no office, so the other no law to justifie him; but where the office and the Law meet in one judgement, we are [...] expect no other, and so it alwayes does in Parliament; for presidents they cannot binde them that make, repeale, revive, and have the whole legislative power to judge, where some Lawes ought not to be, others fall short of what they should be; some need exposition, others to be added, as the present cases & conditions of things may be. Of the necessities of the Kingdome the Parliament is to judge as long as it hath a being, though many (that ought) will not be in it. Members without the con­sent of the Parliament may not be punished, or that counted treason which they vote to be no trea­son, except (as some say) the Parliament may be guilty of that crime, & then who shall judge it can­not be known. That they may be arrested, and detained to appeare with their cause is not denied▪ That a law shall stand without the Kings consent is also denied. The Answerer pag. 24. sayes well the Parliament concludes as far as it can, but is not so absolute as to make the finall decision without the King. It could not have proceeded so far as to vote a law without him, that is, his authoritie, and to conclude it requires both his regall authoritie, and personall consent. Sedente curia the judgement of the Parliament is warrant enough to protect the people; but lawes that want personall consent▪ bind not for ever. A negative vote axiomatically his Majesty never gives, but one tacite in his due de­liberation, and though in conscience and justice a Bill ought to passe, yet not by force but freedome of will and counsell.

The great accusation they answer fully and faithfully, that Treason is first against the authoritie, & then the person in whom it is, as it hath relation to the same, not as a man, but as a King, which is alwayes in relation to his office, which speakes home to his followers, and their rebellion; for he that rebells must first rebell against authoritie, and then the persons in whom it is, & so against t [...] King, not onely when he is in the actuall discharge of his trust, but the violation of it. God forbid Kings might be killed for their own sinnes. He that said he had killed Saul suffered for it, and so did the two Captains that killed his Sonne. A legall and necessary defence is maintained, and because none can defend but some may suffer in an offensive warre, the hazzards of warre none can escape, and to kill the enemies of the State, is to save it. The deposing of Kings, it is detested by the Parlia­ment, and their propositions made reasonable by examples from Ancestors, neighbours, necessities, the desire of peace, preservation of Lawes and Religion, the care of his Majestie and Monarchie, &c. Contrary positions passing the former, which no charitie can cover with any mantle or garment from their nakednesse, and namelesse shame. Faction in those that have been faithfull to preserve a Parliament, for we had lost the being of it, if they had not stood to it. That his Majestie may with­out his Judges declare lawes. That nothing may be done without a president. That the Parliament hath nothing to doe with his trust, and that it is a proprietie in it of all we have. That suggestions and bare suspitions may dismember the united body; and as some dismember themselves, so other [...] shall be forced from it, that by degrees from persons, the essentiall members, or three estates may pe­rish; as the Waldenses when warre could not doe, were destroyed by the Inquisition. That by Law 11. H. 7. they are guiltlesse that follow the King, whatsoever they doe, and to resist them is warre against the King, 25 Ed 3. That the Parliament intends to alter the whole Government of Church and State. Reproaches cast upon three estates united, by the dividers of it, when the worst in th [...] body have the defence of duty, the others of undutifull departure▪