that the laws made in the reign of any King, are no matters of Office or Oath, but m●●● grace and goodness, and that it is in the will of the Prince to deny or grant what he pleas●●●. Indeed, Henry the eight with his own hand interlined these words in the Oath, as may appear by a copy in the memorials at E●mbeth, where after made and choose 〈…〉 added with my consent. So that for folk we have Nobles and people, and that ●●●st 〈…〉 b●●n Parliament where they meet the King, and have power to make and choose their laws: 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 adds not to that which it was before, but to the approbation corroboration▪ and confirmation. The peers and People in a bill bring the law made and the King consenting it bears His image and superscription and goes for good and lawful authorities as money does having received his impression: So that no man doubts laws are not perfect permanent and perpetual, till they be established by the King. Take an example in Dan. 6. 7. 8. a great counsel makes a decree, a royal statute▪ and brings it to the King to sign it and so it becomes immutable, and Darius cannot deliver, Dantell by pleading his cause an whole day. Such are our laws made by the people in Parliament, and it is strange we should struggle with so plain a Truth; that three estates make the laws 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 supreme 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 moral and political. No person but one is supreme in our kingdom, and yet this person is a policy in the Parliament, and a third estate or politic 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 equal cause to mourn together: But the truth is that he that is sine Pari in his Person, hath Pares in His counsel equal estates, and so we cannot express them by the word Subordinate but Coordinate, coequal, and coessential in the same power By union they may do all things for our good. By Communion they are enabled to do 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 do in the absence of the rest what is necessary for our preservation. The King is the great {αβγδ} or {αβγδ},[ 2. Thess. 2. 6. 7.] He with-holds our perfect peace, whom we desire not to remove, but to reconcile to His council. A council 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 laws. 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 personal, but politic 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 red these words; Our Lord the King hath taken His corporal 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 plain Declaration of their Election which should have gone before his Oath, but that they had consented at the first to a Succession, by virtue whereof the person was designed; for election may be without succession: but when it grants to the heir the same Right it granted to the predecessor the election is limited, and the people asked pro forma: yet with good signification, as Fortescue saith, that the first living thing in a kingdom was the peoples intention, which as the heart in the body gives the first life to the head, which is made the fountain of justice, potestate a populo effluxa by the influence of power from the people laws( 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 do what it will; for it is not a receiver for itself, but the use of the giver, and such fountains may not fail the people of the trust they have put in them. The royal Power is mixed with that which is politic, and in all causes and over all persons cannot be used but in Parliament, and truly regal power thus united to the politic is never righteous but in Courts of justice, and the Parliament. being the highest, the King hath no supremacy above it, and so the oath of supremacy is against usurped power, which the King himself may usurp, if he go against his politic 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 itself, if it subject not him, and his exempt proceedings: Wee grant the King a power to call all Councells, to be in them as supreme head and governor, and by our Oaths are bound, no foreign power shall judge over us; but such onely as we yielded unto, which is not in personal but political commands; and therefore the people should not be scared with royal, but unrighteous Proclamations; for by the Constitution of this kingdom, the King is straitly tied to a politic Power, and when he will be regal without it, he may threaten and punish, but he shall do it unjustly. The Law hath forbidden the arming of Papists, commanded that armed, they be disarmed. If the King by a personal command shall bid them arm, and forbid the Magistrate to disarm them, he is to be obeied in neither; but the Magistrate by Law may do what the King contrary to Law opposeth him in. We shall clear this point, more fully in handling it against the answerer of the Observetour& hope the people will not by legal power be driven from their obedience, to that which is politic; many reproaches are cast upon the Parliament, and the King is always alleged alleged for the Argument to justify them. The Parliament is condemned of faction against the King, lest they that make it should incur the fault, and these will not see their error in dividing the royal and politic 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 do them themselves; for they force the Parliament to Ordinances, because they will suffer the King to consent to no laws. They cause them to be proclaimed Rebells by royal power that will not obey it without that which is politic. They cry out of exactions in a parliamentary way, that they may oppose it in one that is arbitrary, and extrajudicial. They would have the people resume their power; and restrain their purses, and turn Royalists in that unrighteous course they have always 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 errors to destroy King and council and by such taking of parts we perish by a third party that may pass between both, and master us in the end. zeal would arm us thoroughly, if we were wise in the least degree to see the policies that make against us. The division is made out of Parliament, and the danger is not in it, but those that work out of it, to keep the King from it, and as long as he is absent, we can never look for Peace. Three Estates are in it, and all by an equal right to do 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 coordinate power to join with the rest, and to subordinate these is to ruin the whole council, and make us slaves to the will of one man, and subjugate the politic to regal; but no righteous power. The Kings call is that they all be present together, his majesty as the heir of the kingdom, his peers by their Birth, and the Commons by the peoples Election The first sheweth a monarchy, the second an aristocracy, and the third a Timarchie, I avoid the word democraty by the writ, which appoints not the people to choose any but the gravest and most discreet men amongst them. Anarchy is no form of Government, democraty a vicious form▪ for if we will rank things aright, there be three forms approved from three respects, Autarchie or self sufficiency, wisdom or approved nobility; wealth or well balanced riches. The first belongs to monarchy; which is fons justitiae& in cujus manum sunt omnia jura, one must be the fountain 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 means with-holds the end, and the safety of the people cannot be in the King, except they allow him all means to protect them, and sometimes he may use those means in a judicial arbitrary way, as in the case of imminent danger, and this power is neither violent to force his people, nor voluntary to do what he list, but reasonable and necessary, which needs no other Law, but the present exigence, which the people may see as well as himself and were Beasts not to bee as ready as he is to do his will, and wait 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 laws depend upon that, so does all arbitrary Government; which admits no delays, nor can stay; for is Law to instruct the people, or command them by known laws. aristocracy, 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 do 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 he may preserve it, and restore it unto them as oft as he shall have need of their help in their persons. Goods, and Possessions, Lands, Liberties, Lives, and all they have to do him and them good in all times of danger. We must therefore know that now in Parliament, all the three powers are coequal, coordinate, and co-workers together for common good, not as I said by subordination, but co-ordination of principal causes, each having equal power to work the same thing, for the same end by all good means and endeavours whatsoever. The vicious forms of Government are tyranny, when one takes all from the people to restore them no more but what he pleaseth, and all times to use them like sponges when they are full to wring out all they have. The second vicious form i● oligarchy when few are found worthy for wisdom and Nobility to be trusted with public affairs. The third is democracy when mean persons, and of base condition are set over the rest. Timarchy, or Plutarchy, is when great men of means, wanting the honour of peers, but not of wisdom, 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 confided 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 national right originally in themselves, and the Commons, the best of the people, elected to do for them what they may in all the right they have. The High Court of Parliament is thrice honourable, in free, able, and faithful Judges who can do no wrong and of whom to have an ill opinion is to wrong them and ourselves. Thirdly, they are a body representative in three members, which are as I have said coequal in power, coordinate in the exercise of it and co-workers of common good, for they are three free Estates, and have power to restrain exorbitances, as far as concerns their several rights, and have all negative votes against injuries, but none against justice, which is their common charge. And to satisfy his Majesty fully, and show him he wants a good Bishop, like Amphilochius who appeareing before Theodosius, and Arcadius his son, copartners in the empire, he did reverence to th Father, but none to his son 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 confess my fault to be great but not wilful, meaning meekly to mind you with a greater against God the Father, who hath received his son into the same throne with himself, [ Reve. 3. 21. and deserves equal honour, as being coequal with him. Now the A●●ians have Churches, and honour Christ in them as we do, but deny him to be his Fathers equal, 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 easy, Father and son are subordinate, and so are Subjects and sovereigns,& subordinata non repugnant, said subserviunt: but co-ordinata non subserviunt, said se invicem supplent. A son serves his Father, and the Subject his Prince: yet when they are cast into equal 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 deal 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, red the words ( dear sovereign) it is one of the sins you suffer for, Rev. 3. 21. To him that overcometh, 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 divinity of Christ, but they understand it, and err in their blasphemous devotions, and have not onely a toleration, but the approbation of your best Subjects to fight against Gods authority upon Earth, and yourself in Parliament, and the coordinate powers with you in the same. Assure yourself all your judicial power is in your Courts, both legal and Arbitrary, ordinary and extra-ordinary, so that now you have not that which you had, a power to provide for your people 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 rebel 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 pass your judgement. If you have a Parliament, it consists of three Estates, and whiles it is, you cannot take yourself 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 works in a capacity correspondent to right Reason and Iudgement, which will never be justified in extrajudicial proceedings, or an arbitrary, voluntary 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, yourself in Curia and Camera, Court, and Cabinet, when they are contrary: either tell us you have no Parliament, or else you have no judgement out of it, but that which you complain of; which is merely arbitrary. From the Parliament thrice Honourable in the members, we come to it made thrice dishonourable by three dangerous, damnable, desperate and most direful accusations of Treason, Faction, and arbitrary power to dispose of Lands, Liberties, lives, bodies, and souls, and to do what they will with our Religion, laws, Church, kingdom, &c. And all this because of Ordinances made for a Militia, Money, Men, arms, Souldiers towns, Ships the whole kingdom &c. All which is sufficiently answered thus, qui legem fugit, fatetur facinus, he that departs from the Parliament declares his sin; and because the Law is contrary to him, crosseth it by all the wit he hath, and persuades the people that not he but they are injured▪ bidding them look upon the times, and see since the Parliament begun what they have done, to make us better. Its true we are a great deal worse, and they are the causes, for they have left the three Estates to shift for themselves and they would do 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 work, when so many have been at work against them. do 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? do they not persuade 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 behind them: not sparing any Estate to disgrace it. They deny the Kings power to bee in it, and affirm it to be with them, and that so sufficiently, as he may do as much without it, as if he had no council at all. That they have no power in cases extraordinary to provide for the peoples safety that all their Ordinances are empty words, sedente Curia, and so a Court may be, and command nothing, and though war be in the kingdom, foreign forces, and foreign arms imported, Papists warranted to take up arms, and all against the Parliament. Where is the peoples understanding to make a right construction of their own powers and Estates? where will they defend the power of the King? If they deny it to be in the Parliament, they deny 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 own Judges to sit for them in a coordinate power with the King, and will they subordinate it to his will, and by his command fight against it? do they teach them to fight against the Kings Power that is with them, or that they may destroy his Person, because they may resist his personal commands against his own power? must they suffer destruction where they have power to command safety, and not seek that in imminent danger, which is neglected by others, and may bee procured by them, that should protect others? Will Faction fear them when they see who are the causes? shall it be in the three Estates, as their crimes, and they bee guiltless that have made it? Did every wise man find a fault in an uncapable Subject? Persons may be factious▪ Estates cannot. The members of an Estate may be guilty of Treason, the Estate itself cannot, many have been treacherous in the Commons to reveal their secrets before they had the consent of that Estate, else how could the things in consultation, and commits be known to the King, and made matters of reproaches before their just Revelation? slanders will be retorted to their Authors, and the people pacified with equity, if they do not look upon the Calumnies, but their Contrivers: a Parliament we have endued with regal power, and the two Powers coordinate with it, it wants nothing to do all things, but the personal, 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 necessity, and that hath no Law, but their iudgement, and that being judicial and reasonable for common good, which to procure they suffer as well as we and who being indicious will not justify what is just, and done by them that can do no wrong? wee shall pray that all Petitions of Peace may pass by righteous judgement. Thearchie, or GODS government in Families, a Nation, and all Nations: Daemonarchie, or the Dominion of the devil, 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 church. THe Papists persuade the people that the Popes Monarchy is founded upon paternal power, and so Parasites flatter their Kings, that the people have no more power to choose their Rulers, then children their natural 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 do fidem dare, swear our Allegiance, and yet the Law is that Legiance, is the mutual and reciprocal Bond and Obligation between 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 maintain, 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 returns upon itself 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. pass 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 himself 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 dear Mother. Some preach of the commandement, and say it is the first in their own sense to flatter the father for his favour, but fear not his frowns. 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 remembered which is recorded, Coloss. 3. 21. discouragement▪ the word is to put them out of heart, and if from the heart wee go to the head, it is to make them witless, and from both we proceed to the hands to make them feeble and hang down. There are but two inward symptoms of miserable men, blindness and amazement, or that which is worse, Zech. 12. 4. the Rider shall be mad, and his Beast astonished, fury and affrightment apprehended the desperate, and because they know not what they do, do any thing, we are distracted and confounded in our pens as well as our pikes, and we fight as much with our words 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 prevails less then errors in our actions. All are prompt and prove in their Propositions, and must be credited in their proof, 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 arm in times of war for their own defence, and take part where they like best, and if their iudgement may justify the cause, Popery must pass 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 laws of the Land, and yet above the Power that makes them. he says himself is a Member of his Parliament, and that he with his two Houses make the whole, which we call Vniversum. And yet He is mayor vniverso, or universis in a Collective body, that He is so in a diffusive is confessed, singulis mayor, but this sufficeth not except he be mayor universis, as an absolute independent Monarch; and as a Father or Master in his family. Saints and Subjects must be sons and Servants to obey his will, and to do nothing without his consent, nor receive any laws but from him. What Father in a family will have his sons to give him laws? what Master in an house will suffer his Servants to prescribe him Rules, and command him what he shall do? what Emperour being Legum conditor& interpres, the maker and expounder of laws, will admit a council to sit with him, and have the same power legislative? shall vulgus leges& consuetudines eligere, the people choose their own laws and customs, and impose them upon a King? was it ever known the people of the Primitive Times choose their own laws 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 own laws, and die because we keep them? Is election of future things, and shall we choose nothing but what is past? Does his majesty call a council to do nothing? or is it to do what is already done? Shall elegerit be referred to the people, when they are met about laws, to teach them they come to make no new Law, but petition they may hold the laws they have. Did ever wise men make such construction of words? that Election referred to the cause in power to do, shall be expounded to have done? Shall not the people do that which they are called to do? They come to make laws, and shall they be answered they have made them? They tell the King he is bound by his Office and Oath to make laws, and he answers them his Office and Oath is no such matter, it is onely to be understood of laws 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 will not, but I will advice& good reason, for his conscience& understanding is not at the command of any counsellor, 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& show 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 his Oath binds him onely to the laws 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 maintain, but to break the laws, not for his own peoples profit, but theirs that have oppressed both: customs( say they) show that election is of things past. I answer, Election in respect of time always goes before the thing chosen, which is some thing that is good, truly, or in appearance; and so customs 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 soon as the custom, 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 himself as his people, and when he finds it is injurious to none, consents and so it passeth into a Law, and the difference between laws and customs is onely in the time, that customs have continued, and been found of great use, but laws are made more to prevent evils for the time to come, and kerb them that are grown up for want of restraint. The Common Law seems to bee nothing else then approved customs for the matter confirmed by Parliament, and we commonly say that fundamental laws are such, which to alter, were to ruin the kingdom, and Conquests that have made new laws, and altered the Old, and the daily practise of such alterations have not once touched the Common laws. customs then when they come to bee enacted, are as new laws, and future both to the Election of the people, and the corroboration of the King, and so elegerit in grammatical construction, being referred to the efficient, must Logically be in the future tense, people shall choose; 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 between the King and Parliament, is no other but the bad counsel of those that fear laws should be made, as the Bishops did that protested against new laws, 3. R. 2. N. 300 to inquire into Extortions, which they feared might extend unto them, who as Church-men would be exempted from laws, that they might have the greater liberty to do 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 laws and customs passed, which the King must needs be ignorant of them for their multitude, various uses, several Courts of execution, sundry Judges and Officers that wait upon them, and the multiplicity of doubts that may rise, his Oath being to see to all, and his Conscience often ensnared to do injustice, and be guilty of many sins, he sees not to sorrow for, being blinded by them, that were first blinded themselves by bribes, and to sin more deeply, draw in their sovereign, and load him in the participation of their wickedness. As for laws to be made, he hath an impartial council balanced and poised not by persons, but members made up of many that can do 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. come. fo. 398. forts. 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, desiring to charge none with his errors but them that led him unto them, and they look reciprocally for so much respect as their place requireth, and cannot be denied by his own Writ, de gravioribus& discretioribus viris, of the most grave and discreet men, and Fortescue speaking of the Parliament, saith, we ought necessary to think; that 〈◇〉 Statutes of this realm are made with great wisdom, and prudence, dum non unius, aut centum solum consultorum virorum, said 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 essential, that the denying of any one member to be in the Parliament is the denial 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 politic body, and so his authority is in the Parliament, as long as it hath a being, and he 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 maintains that union, and the departure of persons may deprive them of their Honour, cannot destroy the body. His Majesty must think he cannot depart but in his Person, his Authority remaines where he left it as strongly as in any Court of his kingdom, and the judgement passed in the Parliament, as firm as that which comes from his sworn Judges, and will hold good as long as the Court continues, and though it, want personal consent, yet it hath regal authority to do all that it doth, and his majesty can no more contradict it, than he can contradict his own authority, and if the Parliament wrong him or us, let him blame his own consent, for he can now never right us by the Sword, but where he made the wound there he must heal and help us, for where the right is there must be the remedy, and the Parliament that is now the patient, must be the physician, for war is no remedy but against Rebellion, and will his majesty rebel against himself, and set his person against his authority. The terrible Text is turned the wrong way, and damnation is upon them that damn others, or else let me be damned to the pit of Hell, not with the desperate Cavaliers for fathoms▪ for if I fall, I sink into a bottomless pit, and my soul is more to me than all the World, which I have pawned for the truth, the glory of God, and zeal of my Nation, Rom. 13. 1. Let every soul 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 he is the original 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 ordains them, when he confirms them to be the three Orders in Parliament, are not original from God, but an human paction, and yet he ordains them all, as the God of Order in all Estates, Whosoever therefore resisteth the power( be it what it will be for the human 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 themselves damnation, that is either the power God gives, or the person 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 authority, Secondly against the person in whom that power is, and so far as it hath relation to him, and no farther, and therefore Doctor fern hath feared the wrong Subject, and justified Rebells to accuse faithful Subjects. Are not the powers in the Parliament, even the power of the King, and can they rebel against the King that rebel not against his Power, or resist him whose authority they defend? who then are Rebells? they that fight against his authority. But is not that in his person? yes, and is not that in his personal Command? No, nor the pursuance of it by his followers? No, not when it is accompanied with his presence? No, Then what security do we leave him? To forsake them that follow him, to destrov both him and his authority, Parliament and Kingdom, I& say further, if the whole Parliament remain 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 arms, their own 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 devil. If God be not in Kings the devil will. The four 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 mouths of the multitude, as in the deeds of majesty, the Scripture tells them what they affect to bee called, Gracious▪ Lords, and they deserve it best when duty and goodness make them so. Their trust binds them by Office and Oath to act for others, and being grantable to Judges sworn by them, and communicable also from the people to the Parliament, is so far forfeitable as they shall neglect their people, or by ill council do them hurt. Franchises, privileges, or Offices, even the greatest misufed are liable to forfeiture, 5. E. 4. 8. H. 4. 20. 1. 4. cook 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 heir, than any other mans Estate is, for by no Law can the King cut of the right of the heir, yet his trust is many ways grantable, as to his Judges chosen by himself, and to them he calls by his Writ, and are chosen by the people, or come in the right of his Peores, Saul commands his foot-men to kill the Priests of the Lord, 1 Sam. 22. 17, 18. and they will not do what Doeg dare effect out of his heart, and David tells Abiathar he knew the Edomite would do it out of envy, 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 do well, or suffer any ill by a Tyrant. His majesty( no question by his many Protestations professeth all the justice that may be, and yet by ill counsel 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 perform as any judge in the kingdom and having the benefit of continuation are not for any Doeg to neglect their duty. His majesty, Parliament and People shall find 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 red all the books 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 entire Parliament, all are to be Subject, and rest for the last resolution, which I hope to show. Deo Benedicente. JUS REGIVM, CHARTA REGIA, FACTA REGIA, IVS AD REGNVM. The Royalty, Revenue, Grace and Trust of a King by his Office and Oath, who rebel 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 romans 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 four 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 lawful Conquests, are from God; and thus David goes to Hebron to contract for his kingdom, 2. Sam. 2. 4.& 5. 3. and then to jerusalem to expel the jebusites, v. 6. It is past admiration how Royalists pled 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 confided in them for infallibility and supremacy. 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 himself hath appointed; and it hath been the sin 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 authors further then the general, 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, form and end of Government, and therefore that human creation of Kings is no more of God, then the other of Governours; and the word sent may as well be applied to God as the King, for the reasons in the Text. First, because they are both equally to be obeied, 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 do well, is not onely in words but deeds, to protect them from the injuries of oppressors, and such as will break the laws under shelter of wicked Kings. Fourthly, they are sent for these ends, and have commission so to do from God. Fiftly, they have supereminent power over Subjects as well as Kings. sixthly, Kings can sand them for no other end then God hath done, and if he say they are Subjects to obey him, he must know they are Magistrates, and must obey God. Take heed what ye do, for ye judge not for man, but the Lord who is with you in the judgement, 2 Chron. 19. 6. I counsel thee to keep the Kings Commandement, and that in regard of the oath of God. Be not hasty to go out of his sight, stand not in an evil thing; for he doth whatsoever he will, Eccl. 8. 2. 3. wisdom in a Magistrate makes him bold to do his duty, and bear patiently a check from his King. he is faithful to do what he is commanded by his Oath, and that being to God, no man swears to an impious thing as to be the Kings herald to proclaim 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 wisdom 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 joseph. Our Nation is brought to wailing for want of Iustice, and we have them that dare say the Parliament is a council but no Court of justice, it may not execute the same without the Kings consent as other Courts do: 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 book entitled Observations upon some of his Majesties late answers, and expresses, printed by his Majesties command at Oxford. to the disgrace of the university, wrong of his majesty, and the reproach of his Parliament, and that I bely him not, see pag. 22. where he says they are not the mouth of the King to declare laws as the Iudges do: but their own 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 shipmoney 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 spite of that council. 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 laws are the Interpreters of the same. It is true, they are all to be made with the Kings consent▪ but if inferior Iudges may execute the laws made without the Kings consent, and are not( once sworn) to be countermanded to do contrary to the laws, much more the superior Iudges may execute the laws made, and see them executed in all inferior Courts, and punish them they find to do 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 own Judges, and the King will warrant such writings they shall be no Judges at all, but counsellors at will: wee are yet beholding to him for something, page. 24. So making the mayor part not fully concluding, are the words of the Observation, and the Observatour says they are not denied to conclude as far as the power of the House extendeth, but this cannot reach to an absolute and final decision. who requires more than a conditionate power in the Parliament, page. 43. the method of their trial 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 says cannot be for this reason, because their privileges should then extend as far in these, as in any other case, which is not true, for in matters of Office, the greater exempts them wholly 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 mean 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 liberty be drawn unto, and he leaves this with a tongue to teach his betters what they should do, 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 show 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 known causes, they are to keep them there till they repent, or for their obstinacy and Rebellion against the Kings authority, may be punished, which his majesty by ill council hinders, by the removal of Judges, and Judgement, which free course of Law yielded unto, the Parliament is most ready 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 four hundred; miserable man, can 400. men make us greater slaves then themselves, for can they make laws for others, and none for themselves, as one Master may do. The blows will never bee equal, nor the royal hand smart less that smites others and not itself, but these cannot smite but they smart by their own hands, and as the Observatour says, are felonius and rebellious to themselves, or as the Answerer will have it, Felo de se, their own executioners. It wounds the very soul, to be trampled on by equals, very tragically expressed, and with high confidence, but not any colour of Reason, that reasonable men should stamp out their guts, and with the weight of present evils to remedy themselves with their own death? They may as he says out of their own putrefaction, rise again like hungry flies. and suck strongly their own blood till they be glutted with it, O, but the vices of Princes are personal and die with them, but if Parliaments may pass thus we shall never end our miseries. If the lesser part in Parliament can gain the greater in the kingdom, page. 47. the mayor must subscribe, and sit down. If this were Law, then those that are departed to promote the commission 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 says truly, page. 50. that the provoked multitude is a Beast, and we see he bites the best, even the council of them that are profitable for the King, but his conclusion is nought, that the resolution of one is necessary, 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 interest, requires the personal presence of the Lords and Commons, cessant excusatione quacunque 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 go 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 soul 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 council 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 council 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 known laws, as they do expound them, and proceed so far as to Vote new laws, which the King cannot deny, but all that he can do 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 sleeps not in Justice, but may proceed as a council ought to do, to do all for the time of the being of it that the King should do in it, for it wants not his authority, 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 affairs of the kingdom, 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 again when he returns to his Parliament, out of the which and the rest of his Courts he can do nothing judicially, and to resist the powers in Parliament is to receive damnation from the author: and by this we may know who rebel against them, and find out the kinds of Rebellion, which are two: The first and principal 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 authority and so all the Armies raised by the Kings person all Commands against his judicial authority in Parliament, is Rebellion, and the Parliament having his authority 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 personal commands to resist it, are no other than to resist himself; and wisdom would teach us that the Parliament 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 arms against the King, mistakes his questions, and applies them to a wrong Subject, and so does the Answerer of the Observatour, as shall appear by a few Annotations, that may satisfy 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 book, entitled Observations, upon some of his Majesties late Answers and Expresses, 1642. monarchy the first, and best form of Government. DEbi●e fundamentum fallit opus, his weak foundation will not bear the weight of his work: The people have no more possible right to choose their Rulers, than their Fathers. After the people have passed away their right, they may not resume it. These two propositions are contradictory; for if regal power spring from paternal, and Trogu● observation be truer than the Author he confutes, he confounds his notion, and destroys the ground he would build upon, either for the antiquity, dignity, or authority of his supposed monarchy. His proof 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 forms of Government, is full of contradictions; for first the Author says before positive constitutions multitudes were endowed with equal right▪ which he calls native, and therefore to God and nature we are beholding to be under no regal power. Secondly, that people divest themselves of this power by solemn contract, and therefore by the Law of Nature are not bound one to be subject to another. Thirdly, accidental abuses, and possible inconveniences may be from God and nature, which is impious to think, whose works are perfect, and all abuses and inconveniences are the fruits of sin, and defects of lapsed men, who transgress most when they have the greatest power. Fourthly, real, or fancied injuries undertaken by every one to right himself of another, are not absolutely unjust, where they have passed no positive Law to restrain them, as if sin were nothing before God▪ where men have not condemned it by compact. Fiftly, to want malice more than rhetoric to persuade 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 revenues lessened, a matter easy for crafty men to suggest for their own private ends, telling the people how advantageous it would have been for them to have consented upon no other terms, and so receding from Covenant, pay ●ear●●y by disobling the King to provide for their securi●ie, which were needless, if the full power were in him as it is in the Father of a Family. sixthly, 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 needless to spend time to declare the original of regal authority granted of all to be from God, at least mediately, and as he says by contract with the people: and on the next leaf, without compact, as immediately from God, all other forms have the consent of the people, and the corroboration of God. Seventhly, he makes all them sworn enemies to monarchy, that will not make it as ancient as the Creation, and as ignorant as the Heathen politicians, who held the first men to be bread as injects, out of the mud of the Earth, and of Anarchy framed Families, and of Families kingdoms, 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 between a Family and a kingdom is this, Pater familias facit sibi familiam, gignendo liberos, adoptando filios, emendo servos &c. the Father of a Family begets Children, or adopts them, buys his Servants, or hires them, gives them laws, and governs them at his pleasure: but Kings come to their kingdoms by the consent of their people and we in England choose our laws, which none in a Family may do. 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 kingdoms, as being all his Children, and at his Command, which cannot be judged of his sons, 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 son, 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 own child, that it was better and safer to be Herods Hog-heard, than his son: so better be the Popes swineherd, than his catholic King. The Pope would be the Father of Gods Family upon Earth, and so would Kings of their kingdom, 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 laws, and here we justly tax the Answerer for his exception, of the degree of love in a Prince to promote his people to all kind of political happiness. First, he reprehends the large notion of Protection. Secondly, affirms that Subjects may challenge nothing of their Kings by duty, but onely of their goodness. 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 progenitors perjured, as having taken the Oath to protect. sixthly, 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 own 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 himself, who alone owes duty to no man, and what he doth is of mere goodness and bounty. Its true, Fathers of all men come nearest God in this, and Children may not challenge duty of their Parents as their Parents may of them: yet duties are mutual and reciprocal, Eph. 6. 2. 4. coloss 3. 20, 21. Obedience is due not provoked by hard use or discouragements. 1 Tim. 5. 4. Children may requited 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 {αβγδ} least they put them to their wits end, as the word signifies, and as Parasites persuade the King, that whatsoever he does to his people, he must be thought as our Saviour says, {αβγδ} a benefactor, Luke 22. 25. Such Flatterers spoil good Kings, and make them most unnatural to their Subjects, and careless to do them good. They advance regal power to paternal excellency, not for affection, but dominion not for protection but subjection, not for the Analogy, but the eulogies of their praises be their practisers, the basest of men, God and nature must justify them when by both they are more condemned than any other men. The policy of Papists for the Pope is to make him the father of a family, not to provide for it, but himself; that he may not be touched in his tyranny, and so do these make entrails masters of their kingdoms, and all their Subjects like sons and servants have no freedom but what they please; and if any pled against them, presently they are enemies to monarchy, antiquity, 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 save the first King of Israel. The Patriarkes are no where said to be Kings and the Iudges all bear the name; yet denied they were Kings, and one of the worst of them usurped it. The people choose Gideon to be their King, and consent the kingdom 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, he nor his son would rule over them, but the Lord in whom as yet was the right to rule them, ver. 23. Abimtlech will reign, and that by his own 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 subsidy to hire light and vain 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 plastered Pillar of 12. Stones taken out of jordan, and they do as hypocrites in the hardness 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 between 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 enjoyed 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 cain, that he had 7 generations; of japhet, that he had as many: what mystery is in them but the sabbath of rest, and variation of Ages, I know not 70. Nations are according to the 70. sons 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 flood. Adam in Cain hoped for a possession, and saw it in Abel, teaching worldly vanity. Seth is set in the place of Abel to be the second patriarch, and times were then very bad, which is signified in his son Enos the name of sorrow, grievously sick, miserable, Put them in fear, O Lord, that the Nations may know themselves to be but men. The word is Enos, when he was born, men profanely began to call on the name of the Lord by their apostasy unto Idols, and the sons of God to be seduced out of the Church to the profane posterity of cain, 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 name his son Methusalah, which is by interpretation, when he death, shall be the Emission or dart of God, who as he lived the longest, died the year before the flood. Lamech left Noah, and gave him his name from rest or comfort, which comes to the godly when the wicked perish. cain to comfort himself, builds himself a city, and if any sought monarchy, 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 souls in Hell, 1. Pet 3. 20. Patriarkes they were no work, as may appear 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 war, or kill any man with the sword. I confess this latter is disputed, that the Law to shed blood was before the flood, 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 magistracy in this kind were before the slood, yet it will not prove regal authority, except the two former be added unto it, and that is the right of God to grant it from himself, 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 regal 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 royal power is his own, yet the people must consent to be subject unto it: and as they have freedom to submit to his will to be their King for he forceth none to be of his kingdom; so to make them submit unto men, he useth them as men in consenting. Seeing then we cannot find before the Flood jus Regium á Des, jus ad Regnum á Populo, nec gladium materiale in the hand of any; we conclude the paternal power is far from the regal, and so was not principto rerum, neither was it initio gentium,& natimum; for after the flood 70. Nations are numbered unto us, but we do not red 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 monarchy, 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 romans, Dan 11. 3. Nimrod, Ashur, and Chittim, are put promiscuously for the 4. Monarchies, and all reckoned as enemies to Gods people, m. 56. zach. 9. 13. In Daniel they go under the notion of 4. Beasts, and in the Revelation this last monarchy is set forth by a great read Dragon, and ten horned Beast, and yet( good God) what eulogies have these men to puff up Monarchs, and make them absolute Lords without being responsal to any for what they do upon earth, and truly how far is now under various disputes. I would but ask 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 enticing to Idolary, Deut. 13. 6. cain killed his Brother, and we find no magistracy to destroy the murderer. The Father may not kill his son, the Master his Servant, the Husband his Wife, the King his Subjects &c. If the son entice 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 own soul, draw thee from God; what is to be done in all Relations, and most of all to Kings, who in these two great sins, are the greatest transgressors. 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 general 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 he will do by violence to every man that wrongs him. It is much to be doubted what magistracy was in family government, where every man thought he had equal right to revenge his own wrongs; but if there were magistracy to punish murder and Idolatry, then might a father as well as a son die by the laws, we have mentioned. The Iudges were to judge between blood& blood, Deu. 71. 8. that is, blood deserving death, and deliverance from the pursuer. These two sins of blood and blasphemy God punisheth them most severely upon kingdoms, for the execution of them by their Kings▪ which were most unjust, if kingdoms had no remedy against them. cain and Lamech deserved death for murder, open violence, idolatry, if Adam had power to have inflicted death upon them, and his neglect was a sin, and so all the Patriarks that lived with him, and saw these evils, were guilty with him, if magistracy had then been 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 material sword to take away life: but kingdoms have it, and must use it, or the Lord that gives, will call for a foreign sword to revenge the quarrel of his Covenant. Lev. 26. 25. If the sword be yielded to take away evil, Deut. 17. 12. it must spare none. It's true, we have no example of the sword against the King, enticing to Idolatry, no more we have against any man in Israel, and for such neglect that kingdom suffered many calamities: we have many examples to led us to resistances, defence, and destruction of Gods enemies. Saul is restend, and his son rescued out of his hands; uzziah 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 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 spain, and the profits of monarchy are such, when it is without moderation, that the gain is nothing to the mischief of it; and if his building be no better then the foundation, the Observatour shall find little to answer, but cavils, calumnics, and needless contentions. The efficient, matter, form, end, and means of lawful monarchy. QVi destruxit, quae aedificavit, praevaricatorem se constituit, Gal. 2. 18. The Answerers foundation was faulty in laying paternal power for the ground of regal, 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 himself. The Observatour follows a method, and the Answerrer takes it into consideration, and makes his conclusion, before he knows his premises, saying, he would by his grounds overthrow so ancient and well founded a Monarchy. I wonder what he means to do 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 regal power is either procreant, or Conservant, principal or instrumental, 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 equal power to maintain it, do not wholly divest themselves of it, but in part derive it to another, who is to use it not as his own, 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 kingdom by inheritance, which( I confess) is true, when the crown by succession goeth to posterity, but even with this as well as Election, a trust is implyed, and most of all in public 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 kingdom, who for it and him may take care for common safety 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 monarchy, or Aristocracy when they please, and yet have but one simplo power, and parties may not injure one another, upon that rule grounded on great equity, nemo potest mutare consilium suum in alterius tajuriam, men contracted by mature council, good deliberation, and honest consent, may not without the like agreement change or alter: where authority is placed in one or many by popular choice, the whole multitude may not dissolve it, unless he or they that are trusted with it, consent, and so to prevent the injury of contracts, he maintains a mischief 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 he will, though he commit wasts, grant a greater Estate than he hath, and do 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 choose 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 show 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 suppress the Tyranny of such proceedings his Majesty complaynes of; but it is the denial of their trust; and because the whole may not be in the King to do what he will with the kingdom, waste is made of all, and where there is no remedy, there shall bee no right. From the procreant cause I come to the conservant, where the Answerer is tardy again in his first answer to God and the Law, which are the conservant causes of regal power, and therefore his majesty is not beholding unto him in those words, God and the Law, that is, says he, the Law that contains 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 laws of men, which go not before the power they give to the King, for then they should give the King laws before they had him, and have as free a power to make him laws, 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 laws, 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 principal cause of the Kings power in respect of the Law, and the Law the instrumental needs no illustration, for the people work by the Law, and it is the instrumental they willingly submit unto for regal power to protect them. For the last distinction of the cause intrinsical and voluntary, extrinsicall and violent, it strikes deeply into these desperate times. regal power is given by an extrinsicall principle of counsel and consent, and must be maintained against them that have given it, by an extrinsicall force of violence and war. 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 war upon them. He may so subdue them, and as the Answerer says, Force is no Law, yet if a people be forced to resign 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 satisfy 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 rebel, and God prospered it. Was it not lawful upon forced conditions of perpetual slavery to ease themselves when God gave a just opportunity? Doli exceptio, the Gibeonites guile is not like Sennacheribs greatness to force men to obey, and they be strange counsels that call the people to be forced to keep 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 regal power, and be ruled by it As the people are the efficient cause to grant the regal 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 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 bear themselves over their own kind. Let therefore regal power know what matter it hath to meddle withall, apt for good manners, if they he well used, and as poor worms as they are to turn again, if they be trodden upon, and sting again, if they be stirred and handled unmercifully. The Answerer is confident, that never any age was guilty of the like irreverence, and disrespect to Princes, and may it not be said as well of the people, being such efficient and material causes of regal power? The fountain and efficient cause of power being in the people makes this inferrence, that the King is mayor 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 clears 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, clean 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, retain not what they have partend 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 himself, and the Lessee carries not all away from the Lessor. Fourthly, it follows 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 powerful, and miserable it is, when flatterers can make Kings rich, great& powerful without their Subjects to set up themselves. The people were never so mad, of rich to make themselves poor, of powerful 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 fountain of all power and justice. Its true that Bracton says, Rex habet omnia jura in manu sua, fons est justitiae, &c. All rights are in the hand of the King, he is the fountain of justice and jurisdiction, to his crown and dignity are annexed all powers, and can belong to no private man to exercise them. Primarily the Prince by oath is bound to do all things, and if he were sufficient the whole charge is his: To lessen his labour and lighten his burden 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 treat 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 laws, and are the best Judges, and have the supreme seat of Judicature, and no Writ of error 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 fountain of Justice upon trust, and his trust is to proceed in a legal way, and therefore a fountain so limited, that he may neither restrain the streams 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 laws, by the like virtue 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 sand their Judges, or called to dissolve them without the execution of their office, is an high breach of his trust, and for a fountain makes him a broken pit, and his hand stretched out to do wrong, like the withered hand of Jeroboam, useless and accursed of God. The Answerer cries out of palpable Sophistry in a rule of true efficiency, that whatsoever is done by it is less then the cause. Let the Observatour( says he) give me his estate, and if it be a good one, I will confess he makes me rich, and himself richer, if he so please to think. A servant makes him his Master whom he serves, and therefore the better man. A spark of fire sets a city on a burning flamme, and therefore the spark is more then the flamme. He shows the ground of these fallacies, as if he had never red more logic, 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, always exceeds the effect in virtue, 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 find some other cause of it. He that makes him rich is more the cause of his riches, then himself. Our Saviour became poor 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 dignity lies not in the relation, but the dominion. A spark that makes a flamme is more fire then the flamme, for the flamme 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. Universis minor, says he, placeth the King under his people, and they do ill to petition whom they may command. This is not Sophistry, but simplicity, if the universe be the cause in a collective body, then every individual 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 form of Government, where wee shall govern our Answerer a little better in the whole business of his Monarchy. One, many, or all, make our method of Mastership. One ruling well makes a monarchy, and that one that rules ill is the author of tyranny, and the efficient of his own bad Government, which by his own will, or the wicked counsel of others he may easily fall into. When a number rule, they are either the best in wisdom or wealth, or the worst in wickedness and beggary, and mean estates, but high minds can vapour as much as the rest, like the meanest Cottage that can cast out as much smoke as the most stately palace. When the best in wisdom and virtue rule the form it is called an aristocracy, and is opposed by oligarchy when few are found to rule well. When the best in wealth and estates govern the poor, it is called Plutarchie, the Empire of riches, or Timocracie, the command of honour, which is also name Timarchie, and to this democracy is opposed when mean men and disrespected in wisdom and wealth come to the reputation of Government. When all will rule, the form is anarchy. But I pass by all these forms, and desire to open two kinds of Government, that I think 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 devil. The one for true Religion, the other for idols. The one in the ten Patriarkes before the Flood, the other in Kain, his seven families, and the sons of God that married the daughters of men. After the Flood God continued his Government in Shem to Abraham, and the devil his in the seventy Nations. From Abraham to Moses God maintained true Religion in Isaac and Jacob, and the twelve Patriarkes. The devil begins his monarchy with Nimrod, which is no other but cruelty and Idolatry over the Nations he commanded and conquered. From Moses to David Religion was upheld by Joshua and the Judges, and tyranny increased to suppress it, and advance the service of Satan in many great kingdoms. From David to the captivity, truth had many alterations in the Kings, and overthrew the crown, Ezek 21. 26, 27. and brought on the diadem in the Dukes, and then a threefold overturn both of the crown and diadem, and the exposing of the posterity of David to a private life, and Christ found the sceptre clean gone in the last overturn to a stranger. The first was in the Maccabees: the second in the Priests: the third in Herod an Edomite. From the captivity to Christ are Fourteen Generations; as many from Abraham to David, and the like number from him to the captivity, showing the certainty of the Messiah, and the truth of all promises in him, the devil being not able in all his Daemonarchie to cast down Gods divine Government of his people: But at this time the devil had provided himself in the fourth monarchy of an high Priest, no less then an Emperour, from henceforth to contest with Christ about his Priesthood, and they begin together, and as Christ maintains 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 roman 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 idolatry, which ceased in Eugenius, who was the last that stood up to defend the Pagan Priesthood, and now Christ is believed on in all the world, and here is no longer a place for the devil to play his prizes in, he must now shelter himself in the shady earth, and seek in thickets and secret places to set up his Daemonarchie again, for Christ by his gospel hath quiter overthrown him, and cast down 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 bear the Devills burden, and the Priesthood that had hitherto gone with the Emperours, now falls to the Bishops, and the Kings join 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, do for them as the Emperours did in their principality 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 think they honour above all men, Ex Rot. Parliament. 1. H. 4. n. 17. in libris Pontificalium Archiepist.& Episcop. &c. pontifical Prelates bear a Priesthood, and add Maximus, and you have the whole name of the Devills Priest, that swear Kings, &c. I have said enough for the form of monarchy, God make it a Thearchie, and preserve it from the Devills Damonarchie. Having done with three causes, wee come to the end, which is safety and liberty. The one absolutely necessary for the being of a people, and liberty most convenient for their well-being. No man would have thought the Answerer should have quarreled with the Observatour, for this word, protect, and the promotion of it in all kinds of political happiness, as too large a notion. Wee must expect all happiness from the goodness of a Prince, challenge none from his duty. All must be Acts of Grace, from a generous freedom, nothing from any obligation, or oath. He must bring us to our happiness with his own goodness, as God does to heaven without our desert. All must be acts of Grace done by him, and therefore we come to the conveyance or means, 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 means. 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 own act, for else were those words in vain, when the Archbishop goes to the four sides of the scaffold, declaring that the Lord their King hath taken his oath, inquiring if they would consent, which were ridiculous, 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 confided he will do his duty, for he is not bound to Acts of Grace, or the goodness of his own freedom to do what he pleaseth in his own discretion. He cannot say, May I not do with my own what I will, is thy eye evil, 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 do with his Prerogative as he list, and so Bracton may be understood, when he says, 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 disturb the right. Some think this to be clearly 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 dignity and dominion, EXOUSIA DIATAG●●. To the first word is added another, to show 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 human creation is universal in all the powers of political bodies, but not of the Church, and therefore they that expound human subjectively, making God the sole cause of Politiques, and men the subject, say amiss, as they also do, 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 author, and so as wee obey Kings for the Lords sake as the supreme, so must wee obey all Governours, because they are sent of God as well as Kings, and have power from him to punish evil doers, and to be for the praise of them that do 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 do to flatter Kings, to do all in magistracy, for when they sand 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 is this; Take heed what you do, for ye judge not for man, but for the Lord, who is with you in the judgement. I speak this to settle conscience, as well as the doctor 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 soul must be subject, and Magistrates suffer Justice to perish, because Kings will not be just, but turn tyrants, and no remedy 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 heir or eldest son, but as the Elect of God, and so he is said to sit in the throne of God, as all they do to whom God yields 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 read horse had it, as the Text says, that is, who by war could hold the Empire against the Senate. Nerva was the last peaceable Emperour, and ended the first seal, 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 hymn, and the second seal removes that Peace from the earth, which the first had given it by the birth of Christ, and the Bow of the gospel De terra orta est veritas, Psal. 85 10, 11. Truth is born 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 mercy appeared with truth, and justice with peace looked down from heaven. Thus in the first seal, but in the second Justice looks down from heaven with war, 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 natural sons of the Empire ceased, and the Senate was made to serve the sword, and Constantine had no other claim to the Empire then Maximinus and Licinius had, and all these three fought one with another, and Christians took part with Constantine to redeem 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 son, Rev. 3. 21. The son his Throne to his Saints. They may sit down with Christ in glory, but not at the Fathers right hand, 1 Tim. 3. 16. because the Spirit speaks expressly 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 down, nor any of the people, but the clergy onely. In Gods throne upon earth was Constantine, and the Emperours that served him, all the rest usurped that served the devil in his Daemonarchie, and so do all Kings to this day that continue such a monarchy, and their Monarchies are truly 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 recompense of his care for his people. A common Protector, or common Father of his country, deserves in an high degree to be provided for by his people, who aiming chiefly at their own good, and finding the greatest convenience to spring from a Ruler, are resolved out of their private particular estates, to grant him honourable domains,& may be by his demerits they possess all they have, either by conquests, composition, o● his mere 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 thread 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 own, and all he hath in the propriety of an owner, is not to be disputed by any: but that proposition is not true, that several men have the same right in the same thing, except it be common to both, as coheirs, co-partners: but when the right is divided, and each man knows his own, the property cannot continue a common right to both. The Lord Paramount, Mesme Lord, and Tenant, have not the same thing, but several rights in it. The Lord Paramount hath the chief rents and services. The Mesme Lord the rest, and the Tenant the use of the Land. David makes Ziba the servant farmer to Mephibosheth his Master, 2 Sam. 9. 9, 10. The farmer cozeneth his Master by falsehood, flattery, and treachery, 2 Sam. 16. 4. He accuseth his Master to be a traitor, v. 3. and the couple of Asses saddled for his Masters use, he abuseth them to his own, and brings David a present in his affliction of raisins, Summer fruits and Wine. The King asks 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 household to ride on,& the rest were for his young men to eat, and his wine to keep them from fainting. David asks for his Master, and he seeks to murder him in the combustion to gain his Land, and David gives it most unjusly, and no doubt thought of the death of the traitor at his return. Mephibosheth mourns 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 grief of his mind swallowed up for the loss of David. As for his beard he had not time to trim it for his heavy thoughts, and now his sudden joy that David was sound and safe, and well returned to Jordan. For his clothes he had not washed them from the day of Davids departure till he came again in peace, and David having not forgotten the slander of Ziba, says, as it seems, not without anger, Why wentest thou not with me? He speaks 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: do 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 says, Thou and Ziba divide the Land, 2 Sam. 19. 29. Nay, let him take all, seeing my Lord is in safety. This example, I would urge as an argument of religion and right between the King and his people. His majesty would have the whole Land to be his, and I put him Abners question, 2 Sam. 3. 12. Whose is the Land? doubtless Davids right, as all England is the Kings, but with the condition of a League, and so the kingdom is matter of trust, not for the Jus Regium, the royalty, for thats the Kings alone, but the jus ad regnum, the right to every mans Land which is his own, 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 general; the King hath no right to the whole kingdom, without the consent of it in the representative body. Jus Regium will not give him Hull, which hold the right of the whole kingdom, as a member of it, and is not in Charta Regia, but Charta Magna, not in the Kings Charter, but the Charter of the kingdom,& 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 customs of Commodities, and Tributes out of mens estates; {αβγδ}, what the Land brings forth by husbandry, or brings in by Merchandise, his majesty hath a part, which is as truly a profit to the King in propriety, as the rest is to the subject; so that truly neither King nor Subject hath the whole, thats the kingdoms 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 do the Lords, nor the Commons. The Answerer speaking of the peoples Election says, 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 always 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 laws, that the people may not live in doubts, be loaden with unrighteous burdens, or left to rapine, oppression, and violence of arbitrary Commands. His majesty is taught strange logic, as David was strange rhetoric by Ziba, to defeat poor Mephibosheth of his land and life What right any man hath in his land or house, that the King hath in his town 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 possessor, 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 majesty hath to his Magazine there. Any man may sell his arms bought with his own money, and so may the King sell such things as his own purse hath purchased, but not what is bought by the common purse. A right of seignurie and trust for public good is granted, but not so great as false and flattering men persuade him to ruin 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 railing of Shimei and he prevails over the greater, and is overcome of the less, 2 Sam. 16 4, 5. a good Lesson for the very best Kings to beware of them that speak fairest unto them, and when they bribe and flatter most, fear a false heart to be hidden in their sugared sayings, and covered under common courtesies. Many repair to his majesty to tell him of the treacherous hearts of others, which like Mephibosheth mean best to his miseries and mourn 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 return in peace, and think all losses nothing that they might find former favours, and that Gracious aspect that hath been clouded so long by clamorous men in the disguised habits of their dangerous designs 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 hostility by evil counsel, will cut off the remembrance that ever we had the hope of happiness by a council distracted and deserted causes without all excuse, for distraction cannot be by the Members that remain in their duty; 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 itself off from the society 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 kingdom of Antichrist, and it divides between the sound and the sick, and here the separation is of the better part from the worse; such an one as in Daniel, Chap. 12. 10. is by trial between the wicked and the wise, and the wise leave the wicked, and free themselves from those that bear the mark of the Beast. Both cannot be the true Church, and partend 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, remain 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 authority, and if they were called cessant quacunque excusatione, I wonder by what excuse they are departed? If a man had no mind to come to Parliament, he might pled something against his Summons, or for his stay, but he must have a warrantable liberty, or his own licence will not bear 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 plain, that no Knight, Citizen, or burgess absent himself from Parliament, 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 chains, entred the Ephesine council, the fathers cried, Ubi gladij& fustes, qualis Synodus, where there be swords and clubs, what kind of synod is it? and because the faction sought by force to prevail, it was aptly called a Latrocìnie, and yet our Parliament thus assaulted departed not, or ever procured swords and chains to chase away any. The departure is a desertion, and the shane must have a cover, and can it carry away wise men as well in mind from the good liking of the Parliament, as it hath done the bodies of these men for some base words of busy-bodies, that might easily have been tamed and taught to have laid down words, and weapons, far better then Armies can be discharged, that have now embittered their swords in the blood 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 kingdom may know it by this. They either take up arms against the Kings person, or his authority, or both. It would have been against both, if he had been in his Parliament, and though his person be absent, yet his authority is present,& who fight against that, all men know, and to defend that arms are taken up, and so for the King. But you will say, the Kings person is where his authority is not; or else he hath one authority 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 rebel both against his person and authority, as he now is, I think he is a rebel that desires his blood, or with any intention takes up arms against him: but if they be taken up to suppress them that are actually in rebellion against his authority, his person will never defend them, nor himself, if he will die where no subject can help him. It is doubtless the duty 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 authority, except the whole body be dissolved, which now bleeds in every mans wounds, and at length will shed the heart blood of the kingdom. 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 counsel can neither discharge his trust in his own person, or suffer his counsel to do 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, looks not for the same money again, but the like in value: But he that trusts another man with his horse, looks for the same again, 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 heir,& cannot have more taken from him then the just use of what he hath. Every free-man in the kingdom hath his portion of it, and parts with no more but the use of what he owns for his profit, and so every man submits to his Prince to gain 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 lamb, and will he have that too, with the hazard of his best beloved people. They must be deeply drunk, and extremely deceived, that see not the fallacy of flatterers. We shall easily conclude the rest that remaines. The trust is committed to the heir apparent of the kingdom, 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 sons inheritance out of his own possession, that my people be not scattered every man from his possession. There is a threefold equity laid down to the sons, servants, and people of Princes. The two first receive by gift, and the Sons inheritance is perpetual, but the gift to his servants is not their inheritance, but the Princes, and returns to him again after yeares, as it does to any heir, 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 sin, and makes for the dissipation and desolation of his whole kingdom. several rights are not the same right, neither can several 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 hanged the whole kingdom; for there the King begins his bloody plea against a man that holds Hull upon the same terms with the King, and does justify 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 town 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 wronged, to deliver the town out of his own hands into theirs in whom his people will not confided; for they never granted his majesty so large a trust, as to do with them what he pleaseth, and that against his council, in the which they confided as much as in himself, and to oppose it, is to oppose himself. The Resolver of consciences begins at Hull, and makes the Parliament begin the war, as if to watch over their trust, were to war with the King, or the defence of the town in that trust a sin in the Parliament: but says he, where be your trees ordines, the King, Lords and Commons being gone. We must be resolved how they are gone. The King is gone in person, as St. 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 known unto him, but that it was reported by others, and therefore enjoins 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 authority that he leaves behind him, and hath none to cross it at the Gates of Hull, which by his own authority are shut against him, and he may by the same open them when he will, but to follow such counsel, as to claim Hull for his inheritance,& deny the trust of his Parliament, is to deny his own trust, and suffer himself to be wronged to wrong others, and to make himself heir and owner, where he is onely so by seignurie and trust for the public 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 kingdom, dispose of it to himself give it to his followers, force them to complain; for they do it in their right, which a desperate people could not do, 1 Sam. 8. 19 they refused, being resolved of the conditions of slaves, and will have a King upon the conditions, and God says, they shall have him, and he will not hear them: but we justly oppose those conditions,& if such cry to God for wrong, he will hear them. To what end is this trust, but to restore it with gain to the people, and who but thieves get by their plundering and plucking away on all sides. To plunder the Papists as well as Protestants without Law is heinous and horrible, and all this is because trust is not performed, and who hinders it but he alone that will have it alone,& is persuaded 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 kingdom 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 binds the King to the observation of the laws made, and the concession or grant, liberty or permission to the people to make new laws, which I plainly prove by the parts of his oath. Servabis, will you keep to the Church of God, the clergy and people, peace and concord, thats the end as the Apostles says, why wee are bound to pray for them that govern us, 1 Tim. 2. 1, 2. No peace can be without men in authority, 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 equal and right justice, as also discretion in mercy and truth. In all your public judgements, in all your public Courts. In curia not in camera, in your courts where your people may have it,& not in your chamber where your Courtiers keep them out. In Concilio communi,& not in concilio è secretioribus, in your common council, and not in that which is privy and kept close for matter of State, not fit for the vulgar people to prie 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 bosom, and come forth not as councells of war, but of peace to the people, which their laws cannot provide for,& in such things may discretion be yielded to the King, and being done in mercy and truth make Princes honourable for grace and goodness, above what they are bound unto in the common course of justice. The second part of the oath, is Concedis, do you grant and permit just laws and customs to be kept, protected, and strengthened, 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 laws, and the Answerer says 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 itself. He conceives one tense to make the King a Monarch, and for the future to do what he will, and deny the peoples election 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. laws that are need no election, and a Parliament were a passing madness to meet to do what they have and may do no more, and it were madness in the King, having sworn to observe the laws made, to grant& permit the people to choose them, having chosen them already: but here is a pad in the straw that delinquents would hid from others, fearing the making of laws as the Bishops did against extortions in the reign of Richard the second, when the Commons desired a grant of a new power to inquire into extortions, the Bishops and clergy 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 reveals the plot, that offenders study to make the King an absolute Monarch to be bound to do nothing at the peoples request, but what he pleaseth,& will yield them out of his grace& goodness; for the future tense is fearful 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 laws, the Democracy will prove a Demarchy, and that spoils& destroys monarchy, which is true of such a Monarchy as they mean, but they mean as ill of a Demarchie to make it so absolute, that the King must yield them their election in all things: and it is true of a just and reasonable election, which is not determined, as the Answerer says in a diffusive body, for that were madness 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 says he knows not what, for the election of laws must needs be in the representative body, and there onely it is just and reasonable, and as for customs in the diffusive body, they may by election in the collective body, have the same strength that laws have, and so Elegerit may equally concern them both in this sense, the laws and customs which the people have chosen at any time in their public assembly. The Answerer satisfieth the original of Monarchy with God and the Law, and under the last comprehends the peoples consent, and says the cavil is groundless, and confuted within a few lines, making the Law a popular paction; but his majesty seems to me by God& the Law, to understand his divine right conveyed unto him, and it seems to be so, because he is bound to give no accounts of his doing to men, but God& the Law; for the people that sand their deputies to the Parliament cannot place that trust in them that is given to the King, who calls 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 own will; for even in this it appears he breaks 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 sworn to the peoples election of laws, 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 regal power, which if he be the people are excluded; for what God gives immediately, is merely 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 quiter excluded, as they were in the calling of the Apostles. Dominion usurped remains so and refers 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 find 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 own words will prove him to contradict himself; for out of Jer. 43. 10. Isa. 45 1. Kings are said to be Gods servants, and his anointed, and yet both usurpers of Dominion, as may appear by the four Beasts, Dan. 7. 2, 3. they rise in a tempest, expounded of war, Jer. 49. 36. 37. applied to the ten Kings, Rev. 7. 1. and in the second seal, Rev. 6. 4. the sword from Trajan made the roman 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 kingdom 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 heir, 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 truly, as Christians have obeied 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 think 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 refers to God, who never speaks of one kind 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 liberty, which as it binds them to obedience, so to understand that they fight not on their side that are enemies 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 simplicity. I will but put him the case, whether all Dominion be not usurped that want the peoples consent; even David himself 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, judge. 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, reciprocal 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, less 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 logicians that so lightly phillip off the authority of received maxims, with gross mistakes. That also, quod efficit tale, est magis tale in causality, 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 means, a true proposition, and the framer of Arguments knows not what an argument means, neither do I think he can make a syllogism. 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 physician are more then Mediums. A King is a man of an eminent quality, and hath the honour of a father. Angels are great in power, and mens superiors in creation. Christ is both God and man, and the physician learned, yet as all these serve for their ends, the good of them excels the means, and it is more honourable for the King to serve his kingdom, then seek his own honour, more glory to Angels to minister for the heires of salvation, then be onely for themselves. Christ become obedient to the cross to save us from curse, and his honour is great in so doing. The physician procures his patients health, and his own honour and wealth in so doing. Queen Elizabeth counted her people her jewels, and preferred their peace before her own pains; but these disputers dash the Subjects with their dirt, and more disgrace then honour their Kings to pled for them in opposition to their people,& care of their good. I shall leave the Answerer to the Observatour, and lay down these Propositions, plainly denied by all monarchical men, that understand not the difference between mere and mixed monarchy, 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 sum comes to this, that Kings cannot be said to have so unconditionate and high property in all the Subjects liberties, lives, and possessions, or in any thing else to the crown appertaining, as Subjects have in the Kings dignity. This he understands not by the office of a King, which is conditionate though he usurp his crown, and will have his own conditions; for the Observatour tells him clearly, that Kings are not onely bound by their oaths, but by their offices& sovereign dignity, to promote their people to all kind of political happiness, according to their utmost devoyre, and though single persons receive grace and favour from him, and are bound humbly and thankfully to aclowledge it; and the Commons have often done it in their behalf, and would still be glad to do it: but the whole State confesseth no merit, as being the duty of every member to protect it; for that is( as he says) the {αβγδ} of all Politiques, and directs us to the Paramount Law, that must give Law to all human laws whatsoever, and that is Salus populi. The law of Prerogative itself 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 graceless. 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 mayor, the Answerers proose, 24. H. 8. c. 12. Where by divers, sundry, old, authentic Histories and Chronicles, it is manifestly declared and expressed, that this realm of England is an Empire, and so hath been accepted in the world, governed by one supreme head and King, having the dignity and royal estate of the imperial crown of the same: unto whom a body politic, compact of all sorts and degrees of people, divided in terms, and by name: of spirituality and temporalitie, been bound and own to bear next to God a natural and humble obedience. The Answerer must remember what he hath said to these words, the whole Kingdom is not so properly the author as the essence itself of the Parliament. He answers, this declares the material cause, proves not the efficient, and he says truly, 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 logician then the Answerer, says the whole kingdom is the essence of the Parliament, and his majesty declares so much when he speaks of the three members of it, that himself, and his two Houses make up the Parliament; and he wants reason that knows not what members are in relation to the integrum, parts essential 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 kingdom, then the whole Parliament. His majesty hath made himself no more then a member,& no member can be greater then the whole. Bracton says the King Parem non habet in Regno, nec superiorem, and therefore mayor singulis, greater then any Subject. Rex non debet esse sub homine, said sub Deo,& sub Lege, No man is above the King, but he is under the Law, and not onely the laws of God, but of men, and therefore Bracton adds, 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 majesty 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 personal, 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 heir, and his death dissolves it not, neither can it be dissolved till his heir 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 heir in their company, we must never look for another Parliament, and so Religion, laws, 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 heir, 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 kingdom, 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 majesty is but a member of, and inferior to it, or else reason& the maxims thereof are all vain, as the frivolous Answerer would make them to be; for the Observatour gives many, as a judicious man, and to quarrel 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 do thee any good; Thy feet are sunk in the mire, that is, thy affections by their ill counsel are corrupted and caught in a defiling way, and they are turned away back, Jer. 38. 22. God help his majesty from these base men that keep him in the mud, that he is not able to wade out by the counsel of his best council. The rest of the Propositions be these, that I hope will all follow upon the first, and the faithful of the Nation will cleave unto them for God and the King,& his great council. 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. sixthly, the trust of the King may be transferred or transmitted to the same. Seventhly, his majesty 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 supplied by his council. Eightly, Whatsoever is done by his council, is done by his authority. 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, rebel not against the Kings person. Lastly, the being of the Kings person or his personal commands with them, cannot discharge them of rebellion that rise up against the Kings authority. The Answerer contradicts all these Propositions. I will deal with him in all he hath said, pag. 21, 22, &c. The Kings power sleeps not during the sitting of the Parliament. He does ill not to explain what power he means, for I think he is ashamed to speak it, and yet he does, saying, that it is not probable the laws should place a power greater then his in such a body: which is plain it doth in the Legislative power, which is not in the King, but in his council. His reason for his assertion is this, the Parliament is in his disposal to call it, and dissolve it. What then? if in order he may bring them together and dismiss them, then he may determine of all they do: who will grant that, nay grant so much as at pleasure to call them, and sand them away when he pleaseth. He makes it a trust to do both, but that is( says he) irrevocably committed to him and his heires for ever. What must that conclude? that a temporal power ought not to be greater then that which is perpetual. Why so? lies the Kings power in time? then at all times he may do as much as his council at any time. Who now dissembles the argument of power, and disputes poorly for the King? The reason why the King countermands not the Judgement of inferior Courts, is, because the Judges in them sustain his person, and his consent is by Law involved in them, and there would be no end, if he should undo what he hath done by them. To this I answer, that for the laws made, his Judges in Parliament have a greater power to declare Law, then any Judges in the kingdom, and if his majesty had power to undo that, the Kingdom should never be resolved what to do. But his majesty cannot appeal from himself to himself: no more can he appeal from his great council to himself, or any Court for justice, but in the right way, and so all appeals are from the King to the King. He makes his Judges take an oath, they will do right to all men, and in that public way he passeth sentence, and in no private way of his own; a judicial no extrajudicial, an obligatory no arbitrary, a legal no illegal conveyance of public right unto his people. And is not this much more necessary in Parliament, and may the King desert his Parliament at London, and do Justice at york, or up and down the country to oppose his Parliament, and say he is not bound unto it, but may without it do what he list. He shall not contradict his inferior Courts in the administration of justice, but the Parliament shall administer none without his leave. His own Acts appear 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 appears for himself, and so every man for himself, and God for us all; and so this Writer might writ for the devil, and the division of the kingdom, teaching the King to depart his council, 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 vain to blast the greatest council, Court, and policy in the kingdom. He meant to show more learning then judgement, for thus he concludes, the Counties which entrusted them, look upon them as Judges, not Politicians. First, he denies them to be Judges, and then confesseth it, and says, they are Judges, but no Politicians. Again, they are counsellors, but not in all things. Judges but not of the King. Politicians for themselves, but not for the Kingdom. The Kings counsellors in some things, His Judges in nothing; and to be called his Politicians a grand offence. I will now close with him in the main battle, and could wish my pen in this the onely pike in the kingdom, and my ink the onely blood. 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 counsel, judgement and policy of the Parliament is the highest,& therefore above the King, who by no counsel, judgement or policy can reverse the resolution thereof, no not by all the Judges of England, nor the others counsellors of State. No law, no policy is above that power that is wholly independent, absolute and indisputable. That the Parliament is the highest Court is plain, that no appeal lies from it, for it binds up& supersedeth all inferior 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 county, 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 household should cease in power to determine any longer pleas of the crown. And also in term time when the Kings Bench sits, all Commissions cease in the same County. The Pope in the time of his supremacy in England was supreme Ordinary, and when he visited, all inferior Ordinaries could do nothing. The Archbishop challengeth the same in his visitations over Bishops, and Bishops over all inferior Courts, which they shut up when they visit their Churches, and all the reason is from supreme Jurisdiction that one order holds over another, and if reason allow it in all States so to do, it must not be denied to the three Estates of the kingdom when they sit. Wee must here prevent an objection of the power of Justice in the dispensation thereof in several Courts by several Judges in their terms and times of the execution of laws, the Parliament fitting at the same time, and if they be superseded by the Parliament, the Legislative power may destroy itself, and the whole kingdom, 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 war, who shall rule that none may rule. If the King will rule his Parliament, the Parliament the Judges, and by the first supremacy all must be done, the truth is nothing will be done. Put the case the Pope were the supreme Ordinary to rule both swords, for so much they gather, Luk. 22. 38. Lord there be two swords, and the Lord says, they are sufficient for Peter to kill and eat, 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 ears of others, Joh. 18. 10. and will not hear justice. Certainly we have lost our right ears to hear truth, and by the left follow sinister judgements. Where the fault is any man may judge. He that denies the Parliament to be the supreme council, and set the King above it, gives him pernicious counsel, and till he hear 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 ears, but our lives and liberties. He that rejects the policy of it, to prepare for other politicians, is himself a pestilent Malignant, and a plague to the King and Kingdom. As for the Parliament, the paramount council, court, and policy 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 ears are off, the Lord touch them, and heal them by his Spirit. The cessation of our terms is from the sword, not from the Parliament, for with the supreme 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 seek, 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 several rights that serve for one end. If the King will vote for himself 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 boundless. 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 war upon him. 7. Depose him. To his charge the Parliament are forced to lay these bad counsels. 1. That regal power is no trust of man. 2. That he is above his whole Parliament. 3. That he is above the propriety of the State. 4. That he is accountable for no trust. 5. That Parliaments are not of duty, but mere Grace. 6. That he may discontinue them when he will. 7. That they are to counsel him in some things. 8. That it may be imprisoned if it pass the Writ à quibusdam arduis, ad omnia ardua& necessaria. 9. That deserted they are a void Assembly. 10. Have no power to save the kingdom. 11. That the mayor part is not considerable, many being absent, or dissenting, or ruled by fraud or force. 12. That Parliaments may not onely do dishonourable things, but even such actions may proceed from it, as may be treasonable. 13 That it may ordain war, and appoint men& money to maintain it. 14. That it cannot declare Law. 15. May be questioned and tried, &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 means denies the end, and the diminution of his power is so far the destruction of the end, as he wants any part of it to promote the same. In policy is comprised 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 happy harmony 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 personal 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 personal 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 testimony of our own innocence, and disarm him as far 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 city would have been true to him, as he was to them in saving their city 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 arms 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 counsel is taken, and success promised. David having prevailed is confident to secure himself in Keilah, if Saul assault him in the city, 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 says they were men in distress, and may be by Saul, and unmerciful 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 show them mercy. 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 hypocrisy, flattery, and lies: His hypocrisy is to cover his cruelty. His flattery is what he will do for them, what David cannot do. Will the son 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 conspiracy with David,& that none are sorry for his sorrows. Such accusations are ordinary, and if we suffer every man to tell his tail, truth will never be known. The levying forces against the personal commands of the King( though accompanied with his presence) is not levying war against the King: but war against his authority, 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 less 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 says the King hath no power to destroy the Laws and people of England. I make no question but his majesty says the same, and yet if he believe 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 council, 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 authority who sees it not, and if he will not see it, he cares not for his own safety. 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 arms in pursuance of His Majesties personal commands accompanied with his presence. His personal commands are no part of his authority, 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 authority against his Parliament, I mean not of two Members, for they cannot make a Parliament, and if there be not all the Members essential it is no Parliament, that the King, many Lords, Commoners are gone away will not help, for no man says the Kings person makes a Member of Parliament, but his political body, 7. Rep. Calvins Case, the King is a body politic, lest there should be an interregnum; for that a body politic never death. 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. poor 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 giddiness they would not arm 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 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 destroys 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 malignity, 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 essential 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 essential parts wounded, yielded 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 laws at pleasure either of public persons in a private capacity, or of private persons in a public is dangerous and damnable; for as the one hath no office, so the other no law to justify him; but where the office and the Law meet in one judgement, we are ●● expect no other, and so it always does in Parliament; for presidents they cannot bind them that make, repeal, revive, and have the whole legislative power to judge, where some laws 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 kingdom 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 appear with their cause is not denied▪ That a law shall stand without the Kings consent is also denied. The Answerer pag. 24. says well the Parliament concludes as far as it can, but is not so absolute as to make the final decision without the King. It could not have proceeded so far as to vote a law without him, that is, his authority, and to conclude it requires both his regal authority, and personal consent. Sedente curia the judgement of the Parliament is warrant enough to protect the people; but laws that want personal 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 pass, yet not by force but freedom of will and counsel. The great accusation they answer fully and faithfully, that Treason is first against the authority,& then the person in whom it is, as it hath relation to the same, not as a man, but as a King, which is always in relation to his office, which speaks home to his followers, and their rebellion; for he that rebells must first rebel against authority, and then the persons in whom it is,& so against t●● King, not onely when he is in the actual discharge of his trust, but the violation of it. God forbid Kings might be killed for their own sins. He that said he had killed Saul suffered for it, and so did the two Captains that killed his son. A legal and necessary defence is maintained, and because none can defend but some may suffer in an offensive war, the hazards of war 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 laws and Religion, the care of his majesty and monarchy, &c. Contrary positions passing the former, which no charity can cover with any mantle or garment from their nakedness, and nameless shane. Faction in those that have been faithful to preserve a Parliament, for we had lost the being of it, if they had not stood to it. That his majesty may without his Judges declare laws. That nothing may be done without a president. That the Parliament hath nothing to do with his trust, and that it is a propriety in it of all we have. That suggestions and bare suspicions may dismember the united body; and as some dismember themselves, so other● shall be forced from it, that by degrees from persons, the essential members, or three estates may perish; as the Waldenses when war could not do, were destroyed by the Inquisition. That by Law 11. H. 7. they are guiltless that follow the King, whatsoever they do, and to resist them is war 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 undutiful departure▪ FINIS.