LONDON, Printed according to Order, by Thomas Pain, for William Ley, at Paules-Chaine, 1646. The People's Plea: Fully vindicating The POWER and PROCEED OF THE PARLIAMENT. Occasioned by a defence of the COVENANT. Written by a reverend Divine. That Rule is eternal, Salus Populi suprema Lex: The People's safety is the highest Law. Jos. Nor. The Peacemaker. Sect. 22. Published by Authority. LONDON, Printed for ROBERT BOSTOCK, at the King's Head in PAUL'S Churchyard. 1646. To the Reader. Christian Reader: LEt me desire thee not to mistake. This small Tract was not written so much out of desire to persuade one Minister, as out of hope that such motives wherewith myself was satisfied, may prevail with others also, rational men, which are so doubtful. I know it will appear but as a little Skeleton, a few sinews and bones, without that filling of flesh▪ and ornaments of learning, which a better accommodation for books might have afforded: Not many (perhaps) of my calling have been more versed in this argument, or more averse from popularity than I have been. But I have ever held my course according as mine own interest did seem to lead me with the tide of that time; nor did I want reasons out of Barkley, Blackwood, Bodine, Hayward, King James, and others, to work me into a belief of some truth in those opinions. For Facilè credimus, quod volumus. Especially two Achillean arguments, as they appeared then, the one from a King's Supremacy, which in a true Monarchy did seem unquestionable, much more in such a Monarchy, where it was sworn to. The other argument from a King's immediate dependence upon God: But in these great differences of the State, seeing so many wise and religious men of a different belief, and being resolved to sacrifice to the Public, all mine own poor private interest in Church-preferments; I took off myself a while from those pre-conceptions, and freely examined all from the very original and groundwork of all government, and compared it with the practice of our own State; where I found things much differing from what I did imagine before. For indeed neither I, nor many others, did ever truly understand the nature of an English Parliament before. It is very true, the King is supreme, and we do swear it in these two respect: First, in the ordinary administration of the Government, and execution of the Laws and Customs of the Realm, he is the Supreme, the Primuin Mobile, the first Wheel that sets all the rest a going. Secondly, in relation to all other foreign Princes and States (especially the Pope) he is supreme, Independent, holding from none, nor owing subjection or fealty to any, and this is the ground of our oath. The Duke of Normandy heretofore, and other free Princes of France, were supreme in their own Dominions in the former sense, but were not so by the latter; because they did owe homage, and held in chief from the Crown of France. So doth not the King of England from any foreign Prince or Potentate in the world. Yet upon examination, I found all this Supremacy too short for our purpose, and too weak a foundation to bear all that building, which was raised upon it. For I am persuaded, his Majesty out of his wisdom will not deny, for all this, but that there is a greater and an higher Power within this Realm, than his own single. For there is a Power that can oblige the whole Kingdom by Laws, that can disoblige them again from Laws, that can levy what taxes they shall think requisite, that can take away the life, liberty, and estate of any man, by a Legislative Power, without any written Law. I am confident his Majesty is more just and wise, than to pretend of himself alone to this Power and Supremacy, which is the high●st in England. Beside the argument from Supremacy, I did imagine as many others do, that Kings hold their authority immediately from God: But upon a review, I cannot find any one Text in all the Scripture that doth avouch it. Let me then entreat thee, if thou be any way scrupulous in this point, to lay aside all prejudicial conceits, and to examine the matter from the Original sincerely and impartially, no doubt but our good God, being duly called upon, will open thine eyes and heart, to understand the very truth, which shall be my hearty prayer on thy behalf. The People's Plea. To my reverend Brother, etc. SIR; I Was troubled not a little, to hear that you are so much troubled with the Covenant, as that your taking thereof and leaving all your means are put in the balance. Your particular doubts if they were known, might no doubt receive particular satisfaction. Now at large, I conceive that as the public difference of the State, so your private scruples may concern, either the Ecclesiastical Government, or the Politic power of king and Parliament. In the former, you are loath perhaps to vow the extirpation of the Prelacy; In the other, you may stick at preserving the Rights of Parliament, and Liberties of Kingdom (which are your own) with your estate and life; which as some interpret, is by a war against the King that may seem unlawful. To begin with the former, give me leave to ask, whither you do think our Hierarchy to be prescribed by God's Word, as alone necessary for the Church; or only the best and most convenient, but that other forms of Church government be lawful and allowable as well as that. If you conceive out late form, absolutely necessary and alone, 1 You will find it impossible to make good the whole frame of that Government, by any Scripture. Episcopacy itself, Diocesan Episcopacy doth labour much in proving its Original Title to be divine. And the reverend Bishop who Jos. Nor. The Peacemaker, Sect. 6. undertook that proof, doth now acknowledge this form not to be essential to the being of a Church, though much importing the well or better being of it. As for Deans, and Chapters, Archdeacon's, Chancellors, Commissaries, etc. much less can they plead any warrant from God's Word. 2 It is too evident, that this government hath been very much abused, by the pomp and pride, the avarice and sloth of the Clergy, by their too near complyancy with the Idolatrous Church of Rome, by their meddling too much in Civil and State affairs, improper for their calling; but especially, by the abominable corruption and fowl dealing of Chancellors, Commissaries, Registers, Proctors, and Apparators in Ecclesiastical Courts. To say nothing of the Clergies dependence upon, and flatterng service to the King's Court, in raising the King's power to the prejudice of the Kingdom, as it is generally conceived. 3 By that opinion of the divinity of our late Government, you must needs condemn all other Protestand Churches, especially those which are best reform, and most agreeing with us in Doctrine, for want of that Government and Discipline, which alone, you say God hath appointed in his Church. But I hope you will be advised better, then to entertain such a conceit, as may occasion so great a breach between us and all the true Churches of God, as if we alone were to set up ladders and go to heaven; other Nations, some for want of true Doctrine, others of Government and Discipline excluded all. But if you do allow of other forms of Government as no way crossing, but agreeable to the Word of God, why should it be any scruple of conscience, in such an indifferent case, to join with the main body of this Kingdom, in pulling down the Prelacy as an old decayed house, which is no way necessary, but hath been much abused and given great offence to many, yea conceived to be inconvenient for the safety of the Kingdom, and in setting up another form, agreeable to God's Word, more safe and pleasing to the people of the Land, and more complying with the best of the Protestand Churches abroad? for you may observe how ever you vow your best endeavour, to extirpate the Hierarchy which the better and more religious sort of the whole Land, have much and long distasted; yet you do not vow to set up any other particular form, but only in general, the best according to the Word of God, and example of the best and Reformed Churches, Which me thinks every good man should desire and endeavour of himself, though no Covenant were proposed, much more should he join with his whole Country, going before him, and calling for his assistance Perhaps you may think (to come unto the other main point) that there wanteth authority sufficient in these proceed; you may scruple at joining in a Covenant, much more in Arms, and there to hazard your life and state against the King, as it seems to many. And here indeed, there will be some work to persuade you to a right understanding of things; so much hereto sore has the King's power been cried up, especially by the Clergy, the choicest flowers of whose preferments did only grow at Court, and the Parllament cried down as fast, especially by such as were desirous to pray upon the Kingdom without control. Now than first I say, that neither the Covenant nor the Arms are taken against the King, but for him both. In the Covenant it is expressed, To defend the King's Majesty's person, and authority. And the Arms do speak as much, being styled for the King and Parliament; however the king being mis-advised by evil Counsellors, do seem in person to appear against them. But had there been any evil intention against his Majesty, there might have been set up another Majesty before this time: For my part, I am undoubtedly persuaded, if he should really and fully comply with his Parliament, he should have as glorious a Government, but far more easy, contented & sweet, than hitherto he hath ever enjoyed. A Physician giveth his Patient a potion that seemeth bitter, and he is very loath to take; and if the disease be unruly, he is bound too, without any evil will or meaning to wards him, but only for his health and good. Ears that have been long acquainted with the descanting music of flattery, will at first much distaste the harsh and plain notes of truth, though indeed more truly harmonious. I know very well, there is no passing for me thus. It will be demanded, Who made the Parliament the King's Physicians? Or how may any Subjects take up Arms, though not against his Person, yet against his will? Yes: If truth may be spoken without offence, whereunto the Statutes for Treason heretofore gave small freedom. The Parliament may be called the King's Physicians, and may also take up Arms, especially in their own defence, against his will, for his or the Kingdom's good. Take we that common Axiom for the ground of all, that Rule eternal, as the Peacemaker * Sect. 22. says, which in a Kingdom, where tyranny prevaileth not, is unquestionable; Salus populi suprema Lex: The good and safetle of the people, and Kingdom, is the most fundamental Law of all government. There cannot be well conceived any other aim or end, wherefore people should choose them Kings, or any other form of Rule, but only for their own defence and welfare; and certainly not for the good of their Kings or Governors primarily, but only in relation to their own, and as it is involved in the common good of all. What Tyrants aimed at, who forced men under their subjection, as Nimrod and the like, it is no way material to speak of, when we deal upon lawful and just Governments, such as our own. A learned Doctor, * Dr. Fearne in Conscience satisfied, Sect. 5. pleading the King's cause, though he hath heaped many errors about the original of Government, which as occasion is offered, I shall discover, yet seemeth ingenuously to grant this Axiom, That the safety of the Commonwealth is the highest end; and unto that end all other are means, and that the Higher Power ought to minister unto that end. And the Apostle * Rom. 13. 4. doth plainly speak as much, He is the Minister of God for thy good, that is, the good of the Subject, of the People. The Minister of God he is called, because of God's general Ordinance; the Minister of man also he may be called, because of the particular, whereof St. Peter speaks, Submit yourselves unto all manner Ordinance of man. To say Kings are the ordinance of man subjectiuè, or for the qualification of their power, may seem rather a shift, than a credible exposition or answer. It is not likely St. Peter did dream of either. Now this being granted, that the welfare of the People governed, is the original and final cause of all Government and Governors, even of Kings; see what building may be raised upon this foundation, what consequences depend upon it in general: and so we will descend to our own particular. First, it followeth hence, That the Kingdom is not ordaided for the King's use, benefit, or good; but the King is ordained for the Kingdom's use, as the chief and supreme ordinary means, to precure the People's welfare and safety. For that millions of men, of the same mould and temper, should be ordained for the benefit of one, as it is most unnatural and unreasonable, so doth it relish too much of the Tyrant and Slave. Secondly, If the Kingdom or People's safety be the highest end, and the King only the chief ordinary means provided for this end; as the end is more noble * Keckerm. System. Log. lib. 1. cap. 18. Canon. 5. de fine primario, ex Aristot. mag. mor. 1. 7. and excellent, and to be preferred before the means, as they are means; so is the whole Kingdom superior to the King, and the King, though Singulis major, universis minor, Less than all in general, though greater and above all in particular. And therefore in case it were necessary, either for the King alone, or the whole Kingdom to be destroyed, who will not think it more just and reasonable, that one should save all, being ordained for their safety, rather than all should perish to save one? Thou art worth ten thousand of us, say the people * 2 Sam. 18. 3. to King David; but not worth thirteen hundred thousand, * 2 Sam. 24. 9 for all that. It is true, the means materially may be better than the end: But I say as means, they are subordinate and inferior. Now a King or Governor in his best notion is but a mean for the Subjects happiness. It was indeed our Saviour's infinite, but voluntary goodness, that being in the form of God, etc. he would so far empty and debase himself, as to be the mean of man's salvation. Let us hold to humane, or natural means. I know it is objected, the King is the Head and Highest, therefore no way inferior. How the King is the Head and Supreme, is elsewhere declared. But a politic Head is much different from the natural. This being taken off, the body dies. Till that all government be taken away, the politic body dies not. However the Head be highest in place, the Body is above it in dignity, especially because it bears the Heart, the principal part by Aristotle's Philosophy, Fountain of Life, Mint of the Spirits, and prime Seat of the Soul. Thirdly, if this were the condition of Government at the first institution, it must be the condition of all just and lawful Governments unto this day, the Rule being eternal of Salus Populi: and wheresoever there is any failing or defect herein, there is so great a declination to Tyranny, more or less. And therefore it is most considerable how a Kingdom began, or what prerogatives and authority the King had allowed him from the beginning; if all be employed and referred to this main end, all is well, and the Government good, otherwise it doth regenerate, and may be corrected, however it began. Fourthly, the natural end of Government needs not be set down in a written convention or compact, as some * Consc. satisfied, Sect. 3. would have it; For beside, that when Government began in most Nations, they had no writing at all: It is impossible to imagine or conceive, that reasonable creatures should submit themselves to the rule and command of others, for no end, or any other end, beside their own good. This cannot then but be supposed in all Governments, though no such convention appear in writing. Fifthly, if this end be disappointed, and they which have authority and power given them by the people, for the people's good, impugn, cross, and hinder the same, by spoiling, oppressing, and destroying them, that power and authority ceaseth ipso facto; there needeth no resuming of it, as some would have: For being given in relation to an end, that end failing, the means do fall of themselves. Nor can it be supposed, that any reasonable creatures would give authority and power against themselves, and to their own hurt, or intended at first to continue the same to their owns destruction, which was given only for their defence and preservation. It fares too often with States, as with the Horse in the Fable, Non Equitem dors●, non froe●um depulit ore. He took the saddle for defence, But hath been jaded ever since. Men are not tied to the ordinary Law of Horses, but if Bellerophon will drive his Pegasus up to Heaven an unnatural course, Pegasus may be bold to turn off his Rider upon the earth. Sixtly, the people's safety being the end of all just Governments, if that should be invaded by the Governors or Kings themselves, whom they have trusted over them, some means must needs be allowed them, to preserve and recover the s●me. Otherwise mankind, may easily be frustrated by fraud or violence, of the main end, for the preserving whereof, they subjected themselves to Rulers, and that without all remedy: which as I conceive, ought not to be supposed. Now in such Kingdoms or Governments, as have Parliaments, Diets, and such full Assemblies of the States, these means of preserving Salus Populi, are more plain, easy, and expedite, then elsewhere, because such general Assemblies can both judge truly of such wrongs, and breach of common Liberties, and readily provide remedies for the same▪ both which are more slowly and hardly done, where such public Assemblies are wanting: and therefore they be much more subject to tyrannies and oppressions, than the others are. But whensoever it appears unto the Kingdom or Body of the people clearly, that the Governors in stead of procuring their good and safety, do spoil and oppress them, as the obligation of rule and and subjection is presently void, the end failing upon which it was grounded, so they have liberty to provide for their own welfare, either by reforming what was amiss, or by limiting and qualifying the Authority and Prerogitives of those Rulers, or removing that Government, or those evil Governors (in case of extreme necessity) and placing others is more hopeful means for the public good; In all which, they may lawfully make use of their own Strength, Power, and Arms, or any other, as occasion shall require. For that the chief end of all Government ought not to be frustrated and disappointed. D. Fearne argues, because elect Monarches did succeed Paternal Government, therefore they succeeded in the same right and condition free from coercion, and removals as fathers were, and so meant under the names of fathers in the fift Commandment. But how follows it, because they followed Fathers, therefore they did follow in the same condition every way. Father's have a natural obligation, and a natural affection; strangers have not so, Fathers have no other Interest but their children's good, strangers have, no it is certain that never Fathers had any jurisdiction and power of the sword, or if ever they had, and grew tyrannous, it's as certain their children might cast off their Government, though not their Fatherhood. As for the fift Commandment it belongs no more to Kings then other Governors, yea, and Teachers, Masters, and other Superiors, whereof none so unmovable as Parents. Seventhly, and last of all, That end must regulate * Reckerm. System. Log. lib. 1. cap. 18. Canon. 4. de fine ult. ex Aristot. Polit. 1: 6. & de Caelo 2. ●. 74. all the means so, as they may best conduce for the attaining of the same. The King then being but a means, his Authority and Power must be regulated accordingly, as the people shall think meetest for their own safety; and therefore in our State as the Kingdom or people have 1. Entrusted their King with the charge of seeing the Laws executed, and obeyed, which are provided for their safety: so they have given Authority to the Parliament, by a nearer trust, both to devise and make new Laws, abrogating the unuseful, and declaring the doubtful and obscure, with the King's consent in all, who is the chief Minister in executing the same. 2 So likewise to visit and correct all abuses in the State, yea to examine the Kings own proceed whether he hath rightly discharged his great trust, and to control his actions in case they swerve or decline from the bias of the public good: and here is the Physic I speak of. 3 Which controlling, if it be withstood, and find strong lets and opposition, they may lawfully take up Arms without and against the Kings will, upon occasion. Fourthly and lastly, in case there should fall a difference between the King and his Parliament, upon or concerning the Premises, it is the safest way for a subject both in conscience and common wisdom, to adhere unto the Parliament. I know you may doubt of, and question all these four particulars according to those principles of Divinity and State, which a great faction of your shire and some other places have ignorantly followed. I will therefore endeavour to make them all good, and clear severally thus: That the King is entrusted by the Realm with his Authority, doth appear partly, because from thence he hath his power: partly, because he cannot receive his Authority or Power from any other: and lastly, because the Kingdom hath received a Superior Authority to examine and control his proceed. The first reason is, The King hath his Power from the Kingdom and therefore his Authority. I must crave leave to distinguish these terms, which commonly are confounded and obscure this whole business. Authority then, is a right or lawfulness to command, and to challenge obedience; such as all Governors and Magistrates have, more or less. But Power is a lawful ability to force obedience, if upon challenge and command it be denied. These are two different things, because they may be, and are many times separated; One may have a just and lawful right to command, that wants compulsive means for coercion. Others may have great strength to force, commonly called power, that are destitute of authority to command: and power is that which in all Governments bears the greatest sway; and therefore in the Scripture Rom. 13. and elsewhere, it is taken concretively, for the Governors and Magistrates themselves, which have power at command, to force obedience unto their commands. Now there is no doubt, but the King hath full authority to command according to law, all such as by law are subject into him. But if upon his commands obedience be denied, whence I pray, hath he▪ a lawful ability to force it? whence hath he power to make his authority good▪ but from the people? of himself he cannot have it, being but one man, not having the strength of any more; whereas this ability doth require the strength of many. Vis unita fortior, vis om●ium unita fortissi●…, many hands are abler than one; but the hands of all, ablest of all. To keep a strong guard for this purpose, especially of strangers, Aristotle and all that writ of Polity will tell you, that it is the property of Tyrants; nor is such ability Potestas but Vis, violence not power, because unlawful. And to keep an Army on foot continually, under other pretences thereby to affright and force his subjects, is little better: Therefore the King's power must needs come from his own people's hands, and strength, and from the same people must needs come his authority therefore. If any other should give him authority, that were not able to make it good by power, it were given him but in vain; nor were the people bound to make that good, which themselves give not. Whence he hath his power then, from thence he must needs receive his authority also, even from the Kingdom. Nor indeed can he receive it from any other. I hear some speak, and preach, and write also, but see no proof, that Kings have their authority and power immediately from God. And sure, if they could fetch down fire from Heaven, as Elias did, or strike men dead with the breath of their mouths, as S. Peter did, for disobedience; I should grant their power descended immediately from Heaven. But we neither see, nor hear of any such miracles wrought by Kings. No power then immediately from God, and therefore no authority, otherwise than all other Magistrates have. For as by God's wisdom Kings do reign, and Princes decree justice, Prov. 8. 15. Even so by the same, do the Nobles rule, and all the Judges of the earth, ver. 16. And Rom. 13. 1. There is no Power but of God, that is, as it is expounded in the same place, not only ordained, but ordered by God, secundùm sub & supra, in several ranks, higher & lower. King's then have their power from God no more than inferior▪ Governors, Caesar * joh. 19 11. no more than Pilate. So far as God approveth of, and hath ordained all Societies of mankind, and Governments and Governors, both high and low, so far all authority, and all power that is employed in discharging and maintaining the same, is in general from God; but immediately from the People, executing the Ordinance of God. And therefore S. Peter, Eph. 2. 13. says plainly thus, Every Governor, both high and low, supreme and subordinate, is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, an humane ordination, or creature. Now then to answer as the Doctor does, that this is taken subjectively, in regard of the power itself, which is from God causally, and placed in man as the subject, or else to be understood of the qualifications, and several ways of executing that power in several terms of Government. These may seem rather shifts▪ than solutions or expositions, the former being strained against the former meaning of the words; the latter such as (it is not likely) S. Peter ever dreamt of, being both against the strain of Interpreters. For were it so that God immediately gave unto Kings their ruling power; First, no other form of Government were lawful, so that Aristocracies, and Democracies, being humane inventions, as Dr. Feanne * Consc. satisfied, Sect 3. says, would have no▪ warrant from God for their proceed▪ and for want of such divine authority and power, as many ●elons as they executed, so many murders they committed; and as many fines or mulcts as they levied, so many robberies. Me thinks our neighbours, the States of Holland, the Swissers, Grisons, and free Cities of Germany, should not▪ rolish well this new doctrine. Secondly, if Royal Authority came altogether from Heaven, it should by right be the very same upon all the earth▪ But we find it far otherwise; no two States in the world allowing their Princes the very same authority, in all points. In some things (perhaps) the Spaniard hath▪ more than the▪ English, in some others the English more than he, the French more than both, the Dane, Swede, Polander▪ and Scottish▪ less than any of them. The Turk, Chinoys, and other such▪ absolute Princes, more than all these. Yet all Kings▪ Do some (I pray) take less authority than God allows them, or do others▪ take more? How may it be known, how far God's allowance goes? No Scripture doth resolve it. And I presume, there came no Angel from Heaven to order it. These limitations and qualifications of power, Dr. Fearne * Consc. satisfied, Sect. 3. says, are mere inventions of men. But is it lawful for men to limit, or qualify that, which God himself hath otherwise, and more fully ordered? Certainly, if this be unlawful, as it cannot be otherwise, if God himself be the immediate Author of Royal Authority, than all the Realms in Christendom do very much offend. For in all, the absolute power of Kings is limited, though in all diversely. This is acknowledged to proceed from the People, as correcting God's Ordinance, which without all doubt, is not in any People's power to do. And therefore all Kings may take upon them, nay aught indeed to take upon them, an absolute and arbitrary power, nor is it any treason to persuade them thereunto, if that be from God, and these limiations & qualifications, mere inventions of men. I know not whither we shall run anon, by following this new doctrine. Yet some where I have seen thirteen, I cannot say, proofs, (they were so weak) but offers, to make good the immed … Commission of Kings from heaven; all so short and wide from the mark, that I should wrong the Reader to repeat them. For either in general they show, that Kings & all Goveronrs indeed are authorized by God's general Ordinance, & the particulars of them assigned by God his especial providence, or else they concern Moses and the Kings of the Israelites, which doth no way concern other Kings: when I hear such an express testimony for others, as I read Deut. 17. 15. for those Kings, Thou shalt make him King over thee whom the Lord thy God shall choose, it will be credible to me, that God hath an immediate hand, if not in their authority, yet in their personal assignment: And till we have some more likely proof then hitherto I have seen, give us leave to suppose still, that those men who have limited the authority of Kings (by their own confession) did first give the same. I find no proof at all, that such authority comes from God: till than I may well suppose, that those men who have limited the authority of Kings, did at first give it. Last of all, if the King were not entrusted with his Command, by the Kingdom, how could the Kingdom have Authority, to examine and control his proceed, in the discharge thereof? But this Authority they have, and do entrust the Parliament therewith; as now I am to prove upon the second point; upon which the former point will necessarily follow. Secondly, that the Parliament hath full Authority from the Realm, to examine the Kings proceed, and to control them if irregular, that is, either trespassing against the known Laws, or otherwise encroaching upon the Subject's liberty and safety, common experience, and the continual practice of Parliaments doth make it evident. Indeed his Person they do not strike at, and to blemish his dignity and honour, they do spare all that may be, in the eyes of Subjects and strangers; that he may still retain his full glory and lustre, both at home and abroad. And it is presumed, that he does nothing personally, and therefore nothing against the Laws, but only by Ministers and Agents. But all his unlawful acts by such Ministers, they do reverse, and punish the Instruments themselves, though immediately commanded by the King. Now this they can not otherwise do, but as they are authorized by the Kingdom; whereof the Noblemen are a part themselves, the House of Commons, chosen by the Commons of the Land. Nor indeed can they well have any other abuses to reform, but such as the King either commands, or approveth, and connives at. For all others commonly, are redressed by the King, and ordinary Courts of Justice. But such enormities, as grow at Court, either by command, or toleration and connivance, the Parliament only can redress. And therefore have Courtiers so much possessed His Majesty against Parliaments, as if they did eclipse his Glory, because they may not themselves grate upon the Subjects, and play Rex quietly, without question and censure of Parliament. Dr Ferne, * Cons. satisfied. Sect. 4. seems to allow the Parliament no Authority, but only an assentin making Laws with His Majesty. But this power of visiting the public abuses, both in Court and Kingdom, is every whit as great, and as necessary a Power, for maintaining of Salus Populi. And beside the command of the Subject's purses, in granting of Subsidies, which only belongs to the Parliament, is a great and very considerable Authority. As for making Laws, if we'll speak properly, the King doth rather assent to them, who bring the Acts ready penned and Voted, than they to him. Certainly a great providence and blessing of God it is, that we have the benefit of Parliaments, to purge out such corruptions, as will daily grow, in so great a politic body. Otherwise, in a few years (as by dear experience we have lately found) by the flattery, and craft of mischievous wits, working for their own covetous and evil ends, the liberty of the Subject, and the safety of the Realm, would be quickly undermined and overthrown. Thirdly, But if the Parliament should be withstood, or disturbed; if opposition made to hinder them, in reforming the abuses of Court and Country, and providing due means for the safety of the people, (which was my third point) must they sit still then, and quietly suffer such abuses as they can not reform? And shall the safety of the State suffer, through their weakness and disability? No doubt but Salus Populi, the welfare of the Realm, which is the chief end of Government, aught to be better provided for, then so. If such obstacles come in their way, as can not be removed by ordinary means, no doubt but the Kingdom is to allow them power, to make the Authority good, where with they have entrusted them, and to preserve their own safety. Otherwise the Authority is all in vain, because every opposition and disobedience may hinder the execution and discharge thereof; and so the public weal may suffer without all remedy. As Philosophy says, Frustra est potentia, que nunquam reducitur in actum: Such a natural faculty is in vain, which cannot be actuated; so is that Authority in a State, which every disturbance may frustrate and disappoint. Now as Aristotle says of God and Nature, so it is to be presumed of a Kingdom, that it doth nothing in vain; and therefore, that together with Authority, it gives power also (having all the power in its own hands) to enable the discharge thereof. This power can be no other than Posse Regni, the Militia of the Kingdom; Quid enim contra vim, sine vi fieri potest. Forcible opposition must have forcible resistance. This Posse Regni then in case of necessity, the Parliament may, and aught, to raise and employ, even without the King, if he do cross himself, or join with such as disturb them in their proceed. I know here comes in a great outcry, against Rebellion; as if it could be no less, for any to take up Arms, without, or against the Kings will. And true it is in some sense. Understand the right thereof, and then judge. For private men, of their own heads; nay more, for Magistrates, Officers, Governors, be they never so many, never so great, which derive their Authority from the King, and therefore in respect of him are as private men, to raise a War by their own Authority, without him, much more against him is legal Rebellion. But the Parliament derives their Authority, not from the King, though he be entrusted with assembling and dissolving them: no more than a Trumpeter gives authority to fight, when he gives the Signal. But all their Authority doth come from the Kingdom; whereof one part is present personally, the Nobles, and the other part by their choice Attorneys. And all these, have so much a nearer trust from the Kingdom, than the King himself, as all their private Interests, are more concentric to Salus Populi, the public good. For the King hath a proper centre of his own to move about; he hath private ends, and different Interests from the people, for his Prerogatives, and Family. In regard whereof, though he hath a very great trust, yet may they not in any discretion, give him so near a trust, as to the Parliament. And therefore the Parliament taking up Arms, and authorising others, for their own defence, being threatened, hindered, and disturbed in their proceed, and Salus Populi, the common Liberty not yet secured, which had lately been so much wronged, they are no ways liable to the charge of Rebellion, nor any that join with them to vindicate the Kingdom's Interest; but those rather, who presume to turn the Arms of the Kingdom against itself, and against the Parliament, for discharging faithfully and zealously that trust, which the Kingdom hath reposed in them. Now against the former, private men, and others of Authority, that hold from the King, the Scriptures, which are alleged commonly out of Rom. 13. and other places, may have place; and the Statutes of the Realm also. But against the Parliament, who themselves are of those higher powers, whereof St Paul speaketh, no Scripture doth speak, nor hath any Statute force. You may demand perhaps, why the Parliament never took up Arms before, if it be a thing so lawful. 'tis true. Though in behalves of Parliaments much blood hath been shed in this Land, yet hath it not been usual for the Parliaments themselves to manage a War, because it hath been hitherto in some sort impossible. For the Kings having the trust of calling and dissolving, have ever used, to call slowly, and dissolve speedily, upon the least offer of distaste. I remember an old rhyme to this purpose, Much complained of, little amended. Subsidies granted, Parliament ended: so that many of the common sort believed, there was no other use of, nor business for a Parliament, but to grant Subsidies. No thinking for them of a War, that were so uncertain of their own continuance. Now these present Arms were begotten by Necessity, and brought forth by Opportunity. The Parliament intending a through-reformation, and corruptions being grown to a great head, through so many nullities, and so long discontinuance of Parliaments, they were not able to compass their intents, without the discontents of many. For to redress public Inconveniences, it could not be, but many personal mischiefs must be endured in private. This bred great store of Malignants; and they threatened great storms of danger to the Reformers: At last, the King himself was drawn away, with intent to disturb all by Arms; as did appear by the L: Digbies Letter, by the King's guard (as some * call it) raised at Ysrk, and other discoveries. Now unless the Parliament, would suffer the wheel to carry all back again with violence, which they had done, and expose themselves and heirs to utter ruin, for their good service, they must needs defend themselves and their proceed, and secure their own and their countries' safety, with the Arms and power of the Country which had entrusted them. Yet had they undertaken this all in vain, if God's providence, and their own wisdom, had not extraordinarily provided them an opportunity. For if things had stood as heretofore, the King might have suddenly dissolved the Parliament, and exposed them all, to the fury of discontented Malignants. But they seeing at first, what a Hydra of corruptions they were to encounter withal, in a through-reformation, obtained of His Majesty an Act, for continuation of this Sitting, until they had finished all their designs. Having this assurance, they resolved to venture the hazard of a War, rather than to betray their own, and the Kingdom's safety. 'Twas not their desire, but fear; Being unwilling and forced thereunto, according to the goodness of their Cause, God hath prospered their endeavours, and judged on their side. And it may be well hoped, this short War, will occasion a long and a happy Peace. It is the travail of our Kingdom, for the time painful. But when the Man-child is born into the world, and the thorough-reformation perfected, no doubt, but there will be much and lasting joy over the whole Land, for the short sorrow that it hath endured. Fourthly, Now to come unto that which was proposed in the last place; In such a difference between the King and Parliament, as now is fallen, that it is safer to trust ourselves on the Parliaments side, both in conscience and wisdom, thus it may appear. 1. Though it were doubtful or obscure, on which side the justice of this Cause did stand; yet let us consider, that the highest point of Supreme authority in this Kingdom doth consist in repealing and making of Laws. As for executing them after they are made, with other circumstances of government, calling Assemblies, * Dr Fearne Cons satisfied. Sect. 4. Treating with foreign Princes, sending Embassies, Appointing officers of state, and Judges of Courts etc. In all which the Parliament also may interpose, if they finde it expedient for the common safety, these are but small matters in comparison of enacting obligatory Laws. This highest and Supreme authority of the Realm, is placed in a full Parliament; though for the execution of Laws, and ordinary Administration, the supremacy be in the King alone and also in relation to the Pope, to foreign Princes and States as the oath of Supremacy and Allegiance do declare. And this full Parliament doth consist of three parts, the King, the Peers, and the House of Commons. But they must all agree, and go together. Neither the King and Commons without the Nobility, nor yet the King and Nobles without the Commons can do it. Now in such equal and coordinate powers, if upon a difference one should stand against two, is it not safter in Conscience for a subject, to join with two of them against one, then with one against two? especially to join with those two, which have the nearest trust, of preserving our liberty & safety recommended to them? Secondly, The Parliaments cause, doth clearly appear to be more justifyable. For all their proceed have been warrantable, as by the first ground of all government, in maintaining populi salutem, the public good, so according to the settled constitution of this kingdom, in reforming grand enormities; and when they could not otherwise secure themselves or the kingdom; in taking the power of the kingdom, which had entrusted and authorized them, to make their Acts good against Delinquents and Malignants; & all such as went about to reverse or disturb their proceed, and destroy their persons. On the other side, the King deserted them, purposely, to join with such Delinquents and Malignants, in arms against them, to hinder them, and in them the public good. What then can there be safer for a man's conscience to rest upon, than the goodness of a cause in such a main difference? The Parliament did but their duties; and for doing that, were in danger of utter undoing. The King voluntarily forsook them, with intention (as it is conceived) to have destroyed them, had He prevailed. Was it not just then for them to defend themselves, with the power of that kingdom, in whose cause and service they were like to suffer? Lastly, in ordinary wisdom, is it not fit for one of us, ordinary subjects, to adhere unto those, who maintain our Interests and liberty, & of whose Assemblies our children may be members; then to venture our lives and fortunes for the Prerogative, wherein neither we, nor our children have any hope of Interest, but is rather prejudicial, and to the great disadvantage of us and ours, as it hath been managed? Nay more; for us to desert the Parliament by neutrality, who do hazard their lives and estates for us and our good, without any private hope or end of their own; much more to appear against them, to the hazard of our own lives and fortunes, can it be any thing better than foul unthankfulness, and extreme folly? By this time, I hope, Sir, you have received so much content and satisfaction, to the principal doubts, that petty scruples shall not work upon you so far, as to make you liable to those two illiberal vices. 'tis true. They are not many years, since you left the University, where young wits, do use to dream of nothing but Bishoprics and Archbyshopricks. But you are become a man and put away childishness; you are settled in a place, where to do God, his Church, and your Country service. I know your meekness and ingenuity, is far from their ambitious humour, who relish nothing, but Dignities in the Church, and Court preferments: contemning the mean rusticity of country ministers. I pray let these men themselves enjoy their humour. Do you but follow your own quiet and mild temper, I doubt not, but what I have written may prevail, though for want of time and books not written with that diligence, as the weight of the matter did require. Let me entreat you, seriously to consider of these things; And the Alwise God give you a right understanding in them all. So prayeth, Yours, etc. FINIS.