The Truth of the Times Vindicated, Chapter 2
CHAP. II.
HAving now ſpoken of power in generall, I ſhall ſay ſomewhat of the governing and ruling power of England; yet becauſe that concerns the Parliament to declare (which they have done) and Lawyers for to clear which they do, I ſhall but touch upon it, and no more then comes within the compaſſe and verge (I do not ſay) of a divine but ſubject. I find therefore in learned Forteſcue, Lord Chief-Juſtice, and after Lord Chancellor in King Henry the ſixth time, that he doth diſtinguiſh of governed or ruling power into two ſorts, the one meerly royall, and the other politick. When Kingdoms are ruled by royall government, ſaith he, then men in aHomines quondam potentia per pollentes, avidi dignitatis & gloria vicinas ſ…pe gentes ſibt v…ibus ſubjugarunt ac ipſis ſervire obtemperare quo que juſſionibus ſuis compulerunt quas juſſiones ex tunc leges hominibus illis eſſe ipſi ſanctierunt. Forteſ. de laudibus legum Angl. ca. 12. Ad tutelam nam que legis ſubditarum & corum corpus & bonorum Rex homini erectus eſt, & ad hanc poteſtatem a populo eſluxam ipſe haec, quo einon li…et poteſtatë alia ſuo populo dominari. c. 13. Princtpatum nam que nedum regali ſed & politica, ipſe ſuo populo dominatur. c. 9.times paſt excelling in power, and greedie of dignity and glory, did many times by plain force ſubdue unto themſelves their neighbours the Nations adjoyning, and compelled them to do them ſervice, and to obey their commands, which commands, they decreed afterwards to be unto the people, very Laws. Cap. 12. The forme of inſtitution of a politick Kingdom is that where a King is mad, and ordained for the defence of the Law of his Subjects, and of their bodies and goods, whereunto he receiveth power of his people, for that he cannot govern his people by any other power. Cap. 13. Now, ſaith he, the King of England cannot alter or change the Laws of his Realm at his pleaſure, for he governeth his people by power, not onelyonly Royall, but alſo politick. And accordingly Wil. the Conquerour (to go no higher, in whoſe entrance to the Crown Dr. F. makes the firſt contrivement of his Engliſh government for conſcience to reſt upon) ſeemes to me to have poſſeſt himſelf of this Kingdom, who though he did conquer the ſame, yet the firſt claime or title that he laid to this Crown was gift, which Edward the ConſeſſorFox Act. Monum. of Will. Conqueror. had made to him; Herauld the former King having promiſed the Crown alſo to him. In this right he firſt ſet foot on the Engliſh ſhore, not in the right of a conqueſt, but in the right of a gift and promiſe, as Speed, Cambden and others affirm.Ex lib. Regum Antiquorum in Pretorio Londinenſi. Mr. Fox Act. Moxum. ibid. And afterwards when he had obtained the Crown, he ſwore to uſe and practiſe the ſame good laws of Edward for the common laws of this realme; notwithſtanding ſaith Mr Fox, Amongst the ſaid lawes I find in ancient Records, this was part, that the King becauſe he is Vicar of the higheſt King, is appointed to rule the kingdome, Nam precedentibus diebus Edwinus & Morcardus apud London audito interritus Haroldi nuntio urbanos ſolicitaverunt ut alterutrum in regnum ſubl…varent, caeteriproceres Edg irum eligerent ſi Epiſcopos hererent, ſed Angliqui in unam coeunies ſententiam pot…iſſent patrie reſo mare ruinam dum nullum ex…ſuis volebant … d… xerunt alienū. Gui Malmſ. …e Wil primo, lib. 3 pag 102.and the Lords people, to defend the holy Church; which unleſſe he do the name of a King agrees not to him, but he loſeth the name of a King, &c.
2ly, As the King and Conqueror came into the Kingdome by this claim, ſo we finde, that in thoſe times the conſent and choice of the people was in uſe for the eſtabliſhing of Kings amongſt them: For when William the firſt ſent to Herald to make good his promiſe, Herald anſwered, that he was rightfull King, as being ſo by the conſent and choyce of the people, as is reported in Cambden in his Britannia, thus: As concerning the promiſe of King Edw. William is to underſtand, that the Realme of England could not be given by promiſe, neither ought I to be tied to the ſaid promiſe, ſeeing the Kingdome is fallen to me by election, and not inheritance. And as for his own ſtipulation, he ſaid, it was extorted from him by force; neither he if he could, nor might if he would, make it good, ſeeing it was done without the conſent of the people. Yea, Hiſtories tell us, that when William the firſt had beaten Herald in the field, the people ſtill were in doubt whom they ſhould chuſe and ſetup for their King: For ſayes Culiel. Malmsburienſ Edwin and Morcard came to London and ſolicited the Citie that they would preferre one of them to the Kingdome; and the reſt of the Nobles would have choſen Edgar, if the Biſhops would have ſtuck to them: But the Engliſh, who then might have healed the ruines of the Kingdome, whileſt they would none of their owne, brought in a ſtranger. So that though William the firſt had gotten the field, yet was not he brought to the Crown, but with the conſent and choyce (though much over-pow'red and over-awed) of the people. So ſayes Speed expreſſely, Conſent thus gotten, & all voices given for William, he was crowned King at Weſtminster.
3ly, As the Crown in thoſe dayes was obtained by the conſent & choice of the people, ſo I ſay, that even William the Conquerour did not come to the Crown without all conditions: for the Kentiſh men would not receive him but upon cōdition, which they propoſed thus, Moſt noble Duke, behold here the Commons of Kent are come forth Speed Chron. of Will. the Conquerour.to meet and receive you as their Soveraigne, requiring your peace, their own free condition or eſtate, and their ancient lawes formerly uſed. If theſe bee denied, they are here preſently to abide the verdict of battell, fully reſolved rather to die then to depart with their lawes, or to live ſervile in bondage, which name and nature is, and ever ſhall be ſtrange unto us, and not to be exdured. The Conquerour driven to theſe ſtreights, and loath to hazard all on ſo nice a point, more wiſely then willingly granted their deſires, and pledges on both parts given for performance. So ſaith Speed in his Chronicles, ſo that it is plain, that even William the firſt came not to the full Crown of England, without all conditions, and therefore our Kings and Princes pleading their right from him, cannot be Kings and Princes without all conditions. I know Dr. F. tells us, that the Kings oath imports no condition, but is taken for confirmation and ſtrengthning of mutuall duties: whether that be true, let any judge who reads but theſe things. And indeed, if the Kings of England were ſuch abſolute Monarchs, as that no reſiſtance might be made to their commandments for the taking up of Arms for the defence of the country, when enjoyned by Parliament, then the ſubjects and people of England muſt loſe this power of ſelfe-defence: (for they once had it all men by nature having a power to defend themſelves) either by conqueſt, as being by force ſpoyled thereof, or elſe they gave it away by ſome indenture at the election of the Prince (for inheritance is but ſucceſſion of election inheritance or immediate donation from God, or elſe God hath forbidden this forcible reſiſtance by Scripture. If it bee ſaid that this people are ſpoiled thereof by conqueſt, and are as a people meetly conquered, then any other ſword that is longer then the Princes, may fetch back that power again. If it be ſaid that this people gave away this power by Indenture at the firſt election of their Prince, then let men ſhew us ſuch Indenture. If it be ſaid, that God hath forbidden ſuch a forcible reſiſtance by Rom. 13. 1, 2, 3. or the like Scriptures, then it muſt be affirmed that the Parliament are not the higher powers, which Dr Ferne granteth: for if the Parliament come within the compaſſe of thoſe words (higher Powers) then that Scripture Rom. 13. doth not reach them, but rather requires others to be obedient to them; yea, if by the higher powers is underſtood onelyonly the King, then the two Houſes may not▪ make any forcible reſiſtance againſt any petty Conſtable that comes in the K• authority to do violence to the two Houſes. Surely therefore this and the like Scriptures are much abuſed, the meaning being only to command obedience to authority in all things that tend to the encouragement of good, and puiſhment of evill; and therefore there is ſuch a power in the ſubjects, both by the law of nature, and conſtitution of the kingdome, to take up Arms when the State or two Houſes expreſſe it; not withſtanding the expreſſion of any one man to the contrary.