Plea for the Lords and House of Peers, Treatise · Section 1 (1 of 2)
SECTION. 1. Proving the Lords antient undoubted Right to ſit and vote in all Engliſh Parliaments, with the Grounds thereof, though not elected by the People.
THe ſum of all theſe Levellers object againſt the Lords right of ſitting, voting, judging in Parliament, is this: (f)Overtons Defiance againſt all arbitrary uſurpation of the Houſe of Lords, p. 5, 6 15, 17, 18. his Arrow against all Tyrants, p. 6.10, 11, 12. and others forecited▪ a. & b.That they ſit there only by Patent, by the Kings will, Tenure or deſcent; not by the Peoples free Election alone, as the Knights, Citizens, and Burgeſſes doe: That the people never intruſted nor inveſted them with any power, but the King; That they repreſent themſelves only not the Commons; and are the Sons only of Conqueſt, of Uſurpation; (brought in by the Conquerour,) not of Choice and Election,
1. To this I anſwer: firſt, That our Lords, Dukes, Earls, Barons, Nobles (yea Archbiſhops, Biſhops, Abbots, Priors too who held by Barony) …ate antiently in all our General National Councels and Parliamentary Aſſemblies, many *See my Hiſtorical Collection of the antient Parliaments and Great Councils of England.hundred of years before the Conqueſt, both in the Britons and Saxons reigns, by right of their Peerage and Tenures, as now they doe, as I have unanſwerably proved in My Hiſtorical Collection of the antient Parliaments and Great Councils of England: My Antiquity triumphing over Novelty, p. 56. to 80. And in my 1, 2, and 3. Parts of A Seaſonable and Legal Vindication and Chronological Collection of the good old Fundamental Laws, &c. of all Engliſh Freemen. Which is likewiſe atteſted by Modus tenendi Parliamentum, (g)Epiſt. to his 9. Report, Inſtitutes on Littleton, p. 110.4 Inſtit. c. 1.Sir Edward Cook, Vowel, (h)M. Seldens Titles of Honour, part. 2. ch. 5. where this is abundantly manifeſted, Spelmanni Concil. Tom. 1. Truth triumphing over Falſhood, Antiquity over Novelty, p. 36, &c. The Freeholders Grand Inqueſt, p. 4. to 20.others, and all our Historians; Therefore this is a groſs miſtake, That they are the Sons of Conqueſt introduced by the Conquerour: The rather, becauſe in all Empires, Kingdoms in the world, though free and never conquered, their Princes, Dukes, Nobles, Lords and great Officers, have ever ſate in all their Parliaments, Senates and General Councels of State, by reaſon of their Honors and places only, without any popular Elections; as is clear by theſe Texts of Scripture, 1 Chron. 23.1, 2. c. 28.1, 2. &c. c. 29.1.6.24. 2 Chron. 1, 2, 3. c. 5.3, 4. &c. c. 23.2, 3.20, 21. c. 30.2, 3, 6, 12. c. 34.29, 30. c. 35.7, 8. Neh. 9.38. c. 10. Eſther 1.13. to 22. Dan. 3.2, 3. 2 Chro. 29.30. c. 32.3. Ezra 9.1. c. 10.8. 1 Sam. 5.8. c. 29.3. to 10. Pſa. 68.27. Prov. 8.15.16. Iſa. 19.11, 12, 13. Jer. 17.25. c. 26.11.16. c. 36.12.14. c. 37.14, 15. c. 38.4.25.27. Dan. 6.1, 6, 7, 8. Jonah 3.7. Pſa. 2.2. Iſa. 1.23.26. *See 1 Chro. 19.3. 2 Chron 12. c. 6. c. 24.17 c. 32.3. Num. 10.4. Joſh. 9.15, &c. c. 17.4. Num. 32.2. &c. 21.compared together, and by all Hiſtorians and Polititians teſtimonies.
2. Secondly, that they ſit there only by the Kings Patent is falſe: For firſt, many Peers, Nobles have been created in and by (i)See M. Seldens Titles of Honour, p. 2. ch. 5. 14 E. 3. n. 35. 9 R. 2. n. 16. 20 R. 2. n. 16. 20 R 2. n. 80. 1 H. 4. n. 81. Cooks 3. Inſtit. f. 9.16. with many more.Parliament, at the Commons earnest Petitions, by Patents confirmed in Parliament, of which there are many Preſidents. Secondly, though the Kings Writ or Patent create others of them Peers, Barons, without the peoples conſent, yet the Laws and Statutes of the Realm made by the Commons conſents, and approved by the people, allow the King this power, yea authorize (k)5 R. 2. Star. 2. c. 4. 31 H. 8. c. 10.enjoyn all Lords, Barons, to ſit in Parliament, when thus creaned, if there be no juſt exceptions taken to them by the Houſes; therefore though they are created Lords and ſit in Parliament by the Kings Patents or Writs onelyonly, by way of inſtrument or conveyance, yet originally they are made Lords, and ſit there only by the Laws and Statutes of the Realm, to which all the people have conſented; of which more hereafter. Thirdly, all antient and new Cities, Burroughs who ſend Citizens or Burgeſſes to Parliament, and Counties, who ſend Knights to Parliament, were originally created and inveſted with this power to elect Citizens, Burgeſſes, and Knights for the Parliament (l)See Litt. c. 10. Sect. 162, 164. & Cook Ibidem. 49 Aſſ. 8.only by our Kings Letters and Charters, not by the Peoples inherent Right of Election; ſince none of them doe or can chooſe or ſend Knights, Citizens, or Burgeſſes to Parliament (m)Cook 4. Inſtit. c. 1. & Cromptons Juriſdiction of Courts, c. 1.without the Kings Charters authorizing them, and his Wr… to elect them firſt directed to them but only by power and vertue of them; Therefore if the Lords ſitting in Parliament be illegal, unwarrantable, becauſe they ſit only by Patents and Writs from the King; the ſitting of Knights, Citizens, Burgeſſes muſt be ſo too, becauſe they are elected only by the Kings Writ, and the people enabled to elect them only by his Patents, the *1 R. 2. c. 4. 8 H. 4. c. 14. 8 H. 5. c. 7. 32 H. 6. c. 15. & 1 H. 5. c. 3. …. 1 H. 7.12. 2 H. 7.3. 2. 5 H. 7. 9 H. 7. 12. 14 H. 6.12. 7 E. 4.14. 15 E. 15. Cook 1. Inſtit. 250. a. Brook, Tit. Parliament, Corporations.power of creating Counties, Cities, Boroughs, Knights, being originally in the King, as well as the power of creating Lords and Barons.
3 Thirdly, that the general election of the people is not abſolutely neceſſary, nor eſſential to the making of a Lawfull King, Magiſtrate, Counſeller of State, Peer, Member of Parliament, (nor yet of a Miniſter) as the Objectors falſly pretend, who take it for granted as an infallible truth and Maxim of State: For then it will neceſſarily enſue from hence. 1. That *Pſal. 47.2, 6, 7. Pſ. 95.3. Pſal. 98.6. Pſal. 103.19.God himſelf is no lawfull King or Governour over all the World, and creatures in it, becauſe not choſen or elected by the General Voice of the Creatures and Mankind to be King over them; and becauſe the greateſt part of men reject his Yoak, Laws, Government, Exod. 5.2. Pſal. 2.1, 2, 3, 4. Lu. 1.14.27. yet the Lord still reigneth as a Lawfull King over them, by his own Right of Creatorſhip and Godhead, Pſal. 95.3.5. Pſ. 96.10. Pſ. 97.1. Pſ. 99.1. Pſ. 100.3. Pſ. 103.15. Jer. 10.7. Dan. 4.32.34. Pſ. 10.16. Pſal. 22.28. Pſ. 48.7.
2ly, That Jeſus Chriſt himſelf, who is a King by birthright, Sonſhip, and inheritance only, being born King of the Jews, ſitting upon the throne of David his Father, and reigning over the houſe of Jacob for ever, by vertue of his Sonſhip only; as Mat. 2.2. Lu. 1.32, 33. Pſ. 2.6, 7, 8. Heb. 1.5, 8, 9. Acts 13.22, 23, 33. Ezech. 34.23, 24. c. 37.24, 25. Mar. 11.9.10. Iſa. 3.6, 7. c. 11.1, 2, &c. Jer. 33. 15, 17, 20, 21. c. 23.5, 6. c. 30.4. Hoſ. 3.5. Rev. 2.2 &c. reſolve, & was not choſen King …is Saints, Church, Subjects, people, but chuſeth them to be his Leiges, John 15.16. Eph. 1.4. 1 Pet. 2.9. Rev. 17.14. Deut. 14.2. Pſ. 132.13. Pſal. 135.4. ſhall upon this account be no lawfull King or Governor over his Saints, Church and Subjects; but a meer Uſurper, Intruder, Tyrant over them, (as they ſtile Kings by Birthright, not popular Election) which is the higheſt blaſphemy to affirm.
3ly, Then it will likewiſe inevitably follow, That neither (n)Exod. 3. & 4. & 7.Moſes, (o)Deut. 3▪ 28. Num. 27.16. to 23. Deut. 31.3. to 9.14.23. c. 34 9. Ioſh. 1.Joſhua, (p)Neh. c. 2. &c.Nehemiah, (q)1 Sam. 9.16. c. 10.1.21. Acts 13.21Saul, (r)Pſal. 78.70, 71, 72. 1 Sam. 16.2 Sam. 7, 8. Acts 13.22.David, (ſ)1 Chron. 23.1. c. 28.5, 6. 2 Chr. 1.8.Solomon, nor any of the (t)2 Chron. 14.1. c. 17.1. c. 28.27. c. 29. 1. Acts 13.20, 21, 22.pious Kings of Juda, nor Chriſt himſelf, and other Kings who came to the Crown by *2 Sam. 7.12. Pſal. 132.11, 12. 2 Sam. 10.1. 1 Kings 14 20.35. c. 15.8.24. c. 16.6.28. c. 22.40. 2. Kings 1.17. c. 3.27. c. 8.24. c. 10.35. c. 12.21. c. 13.3.24. c. 14.16.29. c. 15 7.22.38. c. 16.20. c. 19.37. c. 20.21. c. 21.26. c. 24.6. 1 Chron. 29.28. 2 Chron. 12.16. c. 14.1. c. 17.1. c. 21.1. c. 22.1. c. 23.3. c. 24.27 c. 1.23. c. 27.9. c. 28.27. c. 32.33. c. 33.20.25. c. 36. 1 Jer. 22.11. Iſay 19.11. c. 37.38. Matth. 2.2.Gods immediate deſignation, or by deſcent, birth-right and lineal ſucceſſion, were juſt, lawfull Governors or Kings, which none dare averr; That the (v)Num. 11.16, 17, 24, 25, 26, 27.70. Elders, the Princes ▪ (x)1 Chron. 18.15.16, 17 c. 26.29, 30, 31, 32. c. 27. c. 28 1. Exod. 18.25, 26. 2 Chron. 19.5. to 7.Nobles, chief Captains, Judges, and Rulers under Moſes, and their Kings, with other Governours, and the Jewiſh Sanhedrim, were no lawfull Judges, Magiſtrates, Counſellers of State, or Members of their general Congregations, Parliaments, aſſemblies, ſince we read of none of them choſen by the people, but only deſigned by *Iudg. 3.9.15. c. 2.16. Acts 13.20. Num. 27.15. to 23. Exod. 18.25, 26. Num. 1.4. to 18. 1 Sam. 8.1. 1 Chron. 26.30, 32. 2 Chr. 19.5. to the end.God himſelf, or made, created ſuch by their Kings, Governours, who both called and ſummoned them to their general congregations, aſſemblies, judicatures, as the premiſed texts and others evidence. That (y]Gen. 40.40, 41, &c. Exod. 18.25. Pſal. 105.21. Acts 8.10.Joſeph, (z)Eſther 8. & 10Mordecai, [a]Dan. 2.48, 49.Daniel, Shadrac, Meſec, Abednego, were no lawfull Rulers or Magiſtrates, becauſe made ſuch even by Heathen Kings, not by the peoples choice. And that none of the Levites, Prieſts, High Prieſts, or Prophets under the Law were lawfull, becauſe none of them (that we read of) were made Levites, Prieſts, High Prieſts or Prophets by the peoples own choice, but by [b]Exod. 40. Numb. 1, & 3, & 4. 1 Chron. c. 23. c. 25.25, & 26. Numb. 25.13. Heb. 5.4.deſcent and ſucceſſion in the ſelfſame Tribe; or by Gods own immediate call and appointment; as *Mar. ….John Baptiſt, †Iſa. 61 1. c. 65.1. Io…. 20, 21. Heb. 5.4, 5.Christ himſelf, the *Mar. 10. Lu. 9.10. Mar. 28.19, 20. Iohn 20.21. 1 Cor. 1.17. Gal 1 1. Acts 8.….14, 15.Apoſtles, the 70 Diſciples, and others under the Goſpel were made Miniſters, Apoſtles, Evangeliſts, preaching Elders, without the peoples call; yet our oppoſites dare not deny their Miniſtry and Apoſtleſhip to be lawfull, being not of men, but by Gods and Chriſts own call, without the peoples.
Fourthly, then it will from hence alſo follow; that all Hereditarie Kingdoms, which [c]Caſe Polit. l. 3. c. 2. Bodin de Repub. l. 2. c. 2, 3. Joan. Mariana de Rege & Regum, Inſtit. l. 1 c. 3, 4.Politicians and Divines generally hold the beſt of Governments, being the title of Chriſt himſelf to his kingdom; all [d]See M. Seldens Titles of Honor.Patents, Commiſſions in all Empires, Kingdoms, States of the world creating Princes, Dukes, Earls, Lords, and ſuch like Titles of Honour, (whereby they are inabled in all Chriſtian kingdoms to ſit, vote in their Parliaments and Aſſemblies of State) for making Privy Counſellers, Judges, Juſtices and other Magiſtrates, are void, null, illegal; and ſo all the Laws, Orders Ordinances made, Acts done, and Judgments given by them, are void or erroneous, becauſe they were not choſen, called to theſe publike places, Counſels, Judicatures by the people, but by Emperors, Kings, and Supreme Governours of … and what a confuſion ſuch a Paradox as this would …eed in all our Realms, in all States, Kingdoms of the world, let wiſe men conſider, and thoſe fools too who make this Objection.
5. Fifthly, if there be no lawfull Authority in any State but from the Peoples immediate election, then it will neceſſarily follow; that Sir Thomas Fairfax is no lawfull General, his Officers, Councell of Warr no lawfull Officers or Councel; yea Colonell, and Lieutenant Colonell Lilburn, no lawfull Colonel or Lieutenant-Colonel, and ought not to uſe or retain theſe titles, as they doe, becauſe none of them were called, choſen to thoſe places by the People, or common Souldiers, but made ſuch by Commiſſion from the Parliament, General, or Lords alone.
6. Sixthly, This paradox of theirs, touching the peoples choice, call, to inable Peers to ſit in Parliament, or bear any office of Magiſtracy or Judicature, is warranted by no law of God, in old or new Teſtament, both which *See Mar. 2.2. Rom. 13.1.2. Exod. 18.25, 26. Num. 1.4. to 20. c. 7.2. c. 10.4. c. 23.6. c. 27.2 c. 32.2. Ioſh. 9.15.19. 1 Sam. 23.3, 4.9. 2 Sam. 10.3. 1 Chron. 13.1. &c. c. 23.2. c. 28.1. 2 Chro. 1, 2, 3. c. 5.3, 4. c. 23.1. &c. 20. c. 29, 30. c. 30.1, 2, &c. c. 32.3. c. 34.29.contradict it: by no Laws or Statutes of theſe Kingdoms, Nations, which abſolutely diſclaim it, and enact the contrarie: by no Original Law of Nature, which as all [e]Ariſt. Polit. l. 1. Bodin. de Repub. l. 1. c. 2, 3, 4, 5. Dr. Field, of the Church, l. 1. c. 1, 2. Seldens Titles of Honour, l. 1. c. 1. ſect. 3. Gen. 23.6. c. 10.9, 10.31, 32. Exod: 21.15, 17. Deut. 21.18, 19.Polititians and Divines aſſert, and the Scripture manifeſts, at firſt gave everie Father a Magiſtratical and Judicial rule, power over his children, progeny, Family; and made him a King, Prince, Lord over them, without either their choice or call; the Father and firſt-born of the family, being both the King, Prince▪ Lord over it, and Prieſt to it from the Creation till the Law was given, as is generally acknowledged by all Divines: as God himſelf is *Pſal. 47.2.6, 7.8. Pſalm. 29.10. Pſalm. 95.3. to 8. Iſay 4….15. Ierem. 10.7. Epheſ. 4.6. Heb: 12.9.King over all the earth, world, as Creator and Father thereof.
7ly, It is very obſervable, that God himſelf expreſly denied to his own people Iſrael the free election of their Kings and Supreme Governors, reſerving the choice of them only to himſelf, as his own Prerogative: witneſs that notable text of Deut. 17.14, 15. When thou art come into the Land which the Lord thy God giveth thee, and ſhalt poſſeſs it and dwell therein, and ſhalt ſay, I will ſet a King over me like as all the Nations that are about me: Thou ſhalt in any wiſe ſet him King over thee WHOM THE LORD THY GOD SHALL CHUSE: not the people. Upon which account, when the Iſraelites grew wearie of the Government of Samuel and his Sons; all the Elders of Iſrael gathered themſelves together, and came to Samuel unto Ramah, and ſaid unto him: Behold thou art old, and thy Sons walk not in thy wayes: Make, or Give thou us a King to judge us, like all the Nations: not taking upon themſelves the power to nominate and elect their very firſt King; but referring the choice to Samuel himſelf: Who thereupon prayed unto the Lord for direction therein: After he prayed, God commanded him to hearken to the voice of the people, and to make them a King, 1 Sam. 8.4. to the end; yet ſuch a one as God himſelf, not Samuel or the people ſhould appoint; For ſoon after God told Samuel, that to morrow about this time he would ſend him a man out of the Tribe of Benjamin; and thou ſhalt anoint him to be Captain over my people Iſrael; whereupon Saul coming to him at that time, when Samuel ſaw him; The Lord ſaid unto him, Behold the man whom I spake to thee of, this ſame ſhall reign over my people; then Samuel took a horn of oyl and powred it upon his head and kiſſed him, and ſaid, Is it not BECAUSE THE LORD HATH ANOINTED THEE KING OVER HIS INHERITANCE? Who being afterwards brought forth before all the people aſſembled at Mizpeh, Samuel ſaid to all the people, See ye HIM WHOM THE LORD (not I, or you) HATH CHOSEN, that there is none like him among all the people: Upon which all the people ſhouted and ſaid, GOD SAVE THE KING. 1 Sam. 9.16, 17. c. 10.1.17.23, 24. So that God himſelf, not Samuel, nor the people, elected and made Saul King over his own people; which is further evident by the 1 Sam. 15.17.35. After which God rejecting Saul from being King, he both elected, appointed, and anointed David to be King over Iſrael, 1 Sam. 16.1.12, 13. Pſalm. 78, 70, 71. 2 Sam. 7.8. 1 Chron. 28.4. Whereupon all the Tribes, after Sauls death, came to David to Hebron, made a League with him; and anointed him King before the Lord, upon this account; that the Lord had ſaid unto him; Thou ſhalt feed my people Iſrael, and thou ſhalt be a Captain over Iſrael, 2 Sam. 5.1, 2, 3. acknowledging therby the choice of their King, to be Gods peculiar right, not theirs. After which God himſelf, to manifeſt the choice of their Kings to be, not in the people, but in his own diſpoſal (being but his Vicegerents, Subſtitutes, and ſitting upon his throne, to be Kings for the Lord their God, 2 Chron. 9.8. Iſay 44.28. Acts 13.22.) ſetled the inheritance of the Crown, and Kingdom of Iſrael in David, his Sons and poſterity for ever, appointing Solomon his Son immediately to ſucceed him, and making him King over his people, as is evident by the 2 Sam. 7.8. to the end, 1 Kings 5.5. c. 6.12. c. 8.20. 1 Chron. 22.20. c. 28.4, 5, 6, 7. 2 Chron. 1.8, 9. c. 2.11. Pſal. 89.3, 4, 20. to 38, 2 Chr. 23.3. c. 6, 16. c. 7.18. 1 Kings 15.4, 5. Jer. 33.15.17.20, 21. c. 23.5, 6. c. 30.9. Ezech. 34.23, 24. c. 37.24, 29. Hoſ. 3.5. Lu. 1.32, 33. Upon which account afterwards, when the ten Tribes revolted from Rehoboam and the Houſe of*2 Kings 17.20, 21, 22. David againſt Gods inſtitution, and made Jeroboam their King; God thereupon chargeth it upon them as a high incroachment upon his prerogative, in theſe terms, Hoſea 8.4. They have ſet up Kings, but not by me, they have made Princes, and I knew it not. And hereupon Abijah (heir by hereditarie ſucceſſion to David) thus charged Jeroboam and all Iſrael with rebellion againſt God and Rehoboam therein, 2 Chron. 13, 5, 6, 7, 8. Ought you … to know; THAT THE LORD GOD OF ISRA… …AVE THE KINGDOM OVER ISRAEL TO …D FOR EVER, EVEN UNTO HIM AND TO HIS SONS BY A COVENANT OF SALT? But Jeroboam the Son of Nebat, the Servant of Solomon, the Son of David, is riſen up, AND HATH REBELLED AGAINST HIS LORD. And there are gathered unto him vain men the children of Belial, and have ſtrengthned themſelves againſt Rehoboam the Son of Solomon, when Rehoboam was young and tender hearted: And now you think TO WITHSTAND THE KINGDOM OF THE LORD IN THE HANDS OF THE SON OF David, and ye have a great multitude, &c. O children of Iſrael fight ye not against the Lord God of your Fathers, for YOƲ SHALL NOT PROSPER. And God ſmote Jeroboam and all Iſrael before Abijah (the right heir) and Judah, and God delivered them into their hand: And Abijah and his people ſlew them with a great ſlaughter: So there fell down ſlain of Iſrael five hundred thouſand choſen men. The greateſt ſlaughter we ever read of in one battel in ſacred or prophane Hiſtories. If then God allowed not the free election and nomination of Kings and Supreme Governours to his own people of Iſrael, their Tribes or Elders, but reſerved it only to himſelf, as his own peculiar prerogative; which they might not intrude upon without high preſumption, and exemplarie puniſhments, as the forecited Scriptures, with Iudges 2.20. Acts 13.20, 21, 22, 23. undeniably evidence. By what Law of God or Nature any other vulgar rabble or people of God, can now challenge this as their proper birthright, and natural inherent due, to elect all their Kings, all their Supreme, or ſubordinate Officers, and all Peers of Parliament, (eſpecially in an hereditarie kingdom,) tranſcends my reaſon to comprehend; unleſs they will blaſphemouſly tax God himſelf for injuring his own peculiar people, in uſurping upon and depriving them of this their Natural right and freedom.
8ly, The Scripture is moſt expreſs and poſitive, That it is God who removeth Kings and ſetteth up Kings, Dan. 2.28. That the God of Heaven ſetteth up kingdoms and Kings: That the most high ruleth in the kingdoms of men, and giveth them to whomſoever he will, Dan. 2.44. c. 4.25.34, 35. That promotion cometh neither from the Eaſt, nor from the West, nor from the South; but God (not the people) is the Judge, he pulleth down one and ſetteth up another, Pſa. 75, 6, 7. He looſeth the bond of Kings, and girdeth their loins with a girdle: He powreth contempt upon Princes, and weakneth the ſtrength of the mighty, Job 12.18, 19. Whereunto God adds, Prov. 8.15, 16. By me Kings reign, and Princes decree Juſtice. By me Princes rule, and Nobles, and all the Judges of the earth. Hereupon Samuel uſed this ſpeech to King Saul: 1 S…m. 15.26.28. The LORD hath rejected thee from being King over Iſrael. The LORD hath rent the kingdom of Iſrael from thee this day, and hath given it to a neighbour of thine better than thou. Yea, the Apoſtle, Rom. 13.1, 2, 3, &c. commands Every Soul to be ſubject to the higher powers, not only for fear, but conſcience ſake, upon this ground, For there is no Power but of God: the powers that are are ordained (or ordered) of God; and they are the Ministers of God to men for good. Hence God and Chriſt are ſtiled, The only Potentate, THE KING OF KINGS, AND LORD OF LORDS, The Prince of the Kings of the Earth, 1 Tim. 6.15. Rev. 1.5. c. 17.14. c. 19.16. becauſe they only by meer original right diſpoſe of all Kings, Lords, Potentates, kingdoms. Upon which reaſon the Apoſtle concludes, That all created things in heaven and in earth, whether they be Powers or Principalities, or Dominions, or Powers, are created BY AND FOR CHRIST; that in all things he might have the preheminence, might, and dominion, being exalted far above all Principalities and Powers, Col. 1.16, 17, 18. Eph. 1.20, 21. By what divine, natural, inherent▪ juſt right or Title then the Commons or Vulgar people of our own or other Realms can challenge to themſelves the ſole power of electing, ſetting up and pulling down their Kings, Princes, Lords, Judges, kingdoms, Principalities, Powers, Dominions, at their arbitrarie pleaſures: of ſetting up, pulling down, or electing their Supreme or ſubordinate Governors, Magiſtrates, and all Peers of Parliament at their wills; of diſpoſing kingdoms, Powers, Lordſhips to whomſoever they pleaſe (as theſe Bedlam Objectors plead they may) without contradicting all theſe Sacred Texts, and intruding upon theſe royal incommunicable Preheminences, Prerogatives of God and Chriſt, let all popular pretenders to, or advocates for ſuch a power in the people and Commons of the Realm, reſolve me and all others when they are able, againſt all theſe Texts, oppugning this their claim and intereſt.
9. Ninthly, I anſwer, that a particular, explicit actual choice and election by the people, of any to be Kings, Magiſtrates, Judges, Miniſters, Peers or Members of Parliament, is neither neceſſarie nor convenient to make them juſt and lawfull, except onelyonly when the Laws of God, of Nature, of Nations, or the kingdom expreſly require it; but onelyonly a general implicit or tacit conſent; eſpecially when the antient Laws of the Land, continuing ſtill in full force, and the cuſtom of the Kingdom time out of mind, requires no ſuch ceremonie of the peoples particular election or call; in which caſe the peoples diſſent is of no validitie, til that Law and cuſtom be repealed by the general conſent of the King, Lords and Commons in Parliament. Now the *Cook 4 Inſtit. c. 1. p. 1. &c. Seldens titles of Honour, part 2. ch. 5. Cambd. Brit.antient Laws, Statutes, and Cuſtoms of the Kingdom, enable all Lords who are Peers and Barons of the Realm to ſit in Parliament when ever ſummoned to it by the Kings Writ, without any election of the people; and if the Laws and Cuſtoms of the Realm were, that the King himſelf might call two Knights, Citizens and Burgeſſes to Parliament, ſuch as *ſee 38 H. 6. n. 35.himſelf ſhould nominate in his Writ out of every County, City and Borough, without the Freeholders, Citizens, and Burgeſſes election of them, by a common agreement and conſent to ſuch a Law and uſage made by their Anceſtors, and ſubmitted and conſented to for ſome ages without repeal, this Law and Cuſtom were ſufficient to make ſuch Knights, Citizens and Burgeſſes lawfull Members of Patliament, *Num. 32.1. to 38. Joſh. 22.23. to 31. Eſth. 9.27, 28.31, 32. 1 Sam. 20.42. Jer. 35.2. to the end. 2 Sam. 21.7. Prov. 22.28. c. 23.10. 1 Sam. 30.24, 25. Deut 19.14. c. 27.17. Joſh. c. 13. to ch. 23. See Littleton, Fitz-Herbert, Brook & Aſhe, Tit. Warranty, Obligation, Covenant, &c.obliging their poſterity whiles unrepealed; as well as their Warranties, Obligations, Statutes, Feofments, Morgages, †Joſh. 9.15. to the end, 2 Sam 21.1. to 15. Gen. 50.25. c. 13.19. Ioſh. 24 32. 1 Sam. 20.42. 2 Sam. 21.7.Oaths, and alienations of their Lands, as the Objectors muſt acknowledge; therefore they muſt of neceſſity grant, their preſent ſitting, voting and judging too in Parliament, to be lawfull, becauſe thus warranted by the Laws and Cuſtoms of the Realm.