The Trial of Henry Vane, Part 18
The Peoples Cauſe Stated.
HE in whom is the Right of Soveraign, and to give Law, is either ſo of himſelf, or in the Right of another, that may derive the ſame unto him; which ſhews that there are two ſorts of Soveraings.
A Soveraign in the firſt ſenſe, none is nor can be, but God, who is of himſelf moſt abſolute. And he that is firſt of all others in the ſecond ſence, is the Man Chriſt Jeſus, to whom the Power of Soveraign, in the Right of the Father is committed, over all the Works of Gods hands. Chriſt exerciſed the ſame in the capacity of David's Root from before the beginning of the World. He owne; himſelf thus to be, long before he became David's Seed; This his being in Spirit, or hidden being, even as a Creature, the firſt of all Creatures in perſonal Union with the Word, David ſaw and acknowledged, Pſal. 110. 1. Thus Chriſt may be called God's Lieutenant Soveraign, or General Vicegerent of his Supremacy over all in Heaven and in Earth. He therefore is the true Univerſal King and Root of all Soveraign and juſt Governing Power, whether in Heaven or on Earth.
His Soveraignty is unqueſtionable and unaccountable, becauſe of the Perfection of his Perſon, carrying in it an aptitude and ſufficiency to Govern, without poſſibility of Error or Defect of any kind. Soveraign and Governing Power doth neceſſarily relate to Subjects, that are to be the Ruled, and Subjects capable of ſuch Government. Therefore when God himſelf purpoſes within himſelf, to be Supream Legiſlator and Governour, he doth withal purpoſe the Being and Creation of both Worlds, as the Subject matter of his Kingdom. He propounds to Govern his Subjects by and with their own conſent and good liking; or, without and againſt it, in the way of his revenging Juſtice; Governing by Laws, clearly ſtating and aſcertaining the Duty or the Offence, as alſo the Rewards and Penalties.
Herein Juſt Government conſiſts, or the Juſtice of Government; for he that Rules over others, muſt be Juſt; and indeed ſhould be ſeen to be ſo in all his Commands: ſo ſeen, as to render the Conſciences of the Ruled, and thoſe whoſe duty it is to Obey, inexcuſable before God and before Men, if they Diſſent or Reſiſt.
Inexcuſable they are before God, becauſe the matter Commanded is the matter of God's Law, & therefore juſt to be obeyed. They are alſo Inexcuſable before Men, that which is required of them being generally acknowledged and affirmed (by thoſe in whom the common conſent of the Subjects is intruſted to that end) to be Juſt, and Reaſonable, and therefore to be Obeyed. For the end of all Government, being for the Good and Welfare, and not for the Deſtruction of the Ruled; God who is the Inſtitutor of Government, as he is pleaſed to Ordain the Office of Governors, intruſting them with Power to command the Juſt and Reaſonable Things, which his own Law Commands, that carry their own evidence to common Reaſon and Senſe, at leaſt, that do not evidently contradict it, ſo he grants a Liberty to the Subjects, or thoſe that by him are put under the Rule, to refuſe all ſuch Commands as are contrary to his Law, or to the judgement of common Reaſon and Senſe, whoſe trial he allows, by way of aſſent or diſſent, before the Commands of the Ruler ſhall be Binding or put in Execution; and this in a Co-ordinacy of Power with Juſt Government, and as the due Ballance thereof. The Original Impreſſions of Juſt Laws are in Mans Nature and very Conſtitution of Being. Man hath the Law in his Mind, (or the Superior and Intellectual part of him) convincing and bringing that into obedience and ſubjection to the Law of God, in Chriſt himſelf. He hath alſo that which is a Law in his Members that are on the Earth, (or his earthly and ſenſual part) whoſe Power is Co-ordinate with the other, but ſuch, that if it be not gained into a Harmony and Conjunction with its Head, the Spirit or Mind of man, hath ability to let and hinder his Mind or Ruling part, from performing and putting in execution, that which is good, juſt, fit, and to be acknowledged as the righteous dictates of the Mind, which ought to be the Ruling Power, or Law to the Man. So in the outward Government over Man, the ſecondary or co-ordinate Power, concurring with that which is the chief ruling Power, is eſſential to Juſt Government; and is acknowledged to be ſo, by the Fundamental Conſtitution of the Government of England, as well as in the Legal Being and Conſtitution of Parliaments, whether that which hath been uſual and ordinary, according to the Common Law; or that which of late hath been Extraordinary, by expreſs Statute, for the continuance of the Parliament, 17. Car. until diſſolved by Act of Parliament.
For together with the Legal Being which is given to Regal Power and the Prerogative of the Crown, there is the Legal Power and Being reſerved alſo unto that Body, which is the Peoples or Kingdoms Repreſentative, who are the Hands wherein that which is called Power Politick is ſeated, and are intruſted with giving or with holding the common Conſent of the whole Nation, according to the beſt of their Underſtandings, in all matters coming before them, and are to keep this Liberty Inviolate and Entire, againſt all Invaſions or Encroachments upon it, whatſoever.
This ſecond Power in the very Writ of Summons for calling a Parliament, is declared to be of that Nature, that what the firſt doth without obtaining the Conſent and Approbation of the ſecond, in Parliament, is not binding but ineffectual. And when the Repreſentative Body of the Kingdom, (in and with whom, this Power is intruſted, as the Due and Legal Ballance and Boundary to the Regal Power, ſet and fixed by the Fundamental Conſtitution) is made a ſtanding Court, and of that Continuance, as not to be diſſolvable but by its own conſent; during ſuch its continuance, it hath right to preſerve it ſelf from all violent and undue Diſſolution, and to maintain and defend its own Juſt Priviledges, a chief of which is, to binde or looſe the People, in all matters good or hurtful to them, according to their beſt Judgement and diſcretion.
In the exerciſe of this their Truſt, they are Indemnified by Law, and no hurt ought to come unto them; that Governing Power, which is originally in God, and ſlowes at firſt from him, as the ſole and proper Fountain thereof, is brought into exerciſe amongſt men, upon a differing and diſtinct account.
Firſt, As it is a Truſt and Right derived conditionally from God to his Officers and Miniſters, (which therefore may be loſt) who being called by him, and in the courſe of his Providence, to the exerciſe of it, are to hold it of him the Univerſal King, and to own themſelves in the exerciſe thereof, as his Vicegerents, to cut off by the Sword of Juſtice evil-doers; and to be a Protection and encouragement to them that do well. But becauſe it is part of God's Call of any perſon to this high Truſt, to bring him into the poſſeſſion and free Exerciſe thereof, by the common conſent of the Body of the People, where ſuch Soveraign Power is ſet up, unleſs they have forfeited this Liberty. Therefore,
Secondly, God doth allow and confer by the very Law of Nature, upon the Community or Body of the People (that are related to, and concerned in the right of Government, placed over them) the Liberty by their common Vote or Suffrage duely given, to be Aſſenters or Diſſenters thereunto, and to Affirm and make Stable, or Diſallow and render Ineffectual, what ſhall apparently be found by them to be for the good or hurt of that Society, whoſe welfare next under the juſtice of God's Commands and his Glory, is the Supream Law, and very end of all Subordinate governing Power.
Soveraign Power then comes from God, as its proper Root, but the reſtraint or enlargement of it, in its Execution over ſuch or ſuch a Body, is ſounded in the common conſent of that Body.
The Office of chief Ruler, or Head over any State, Commonwealth, or Kingdom, hath the Right of due Obedience from the People inſeparably annexed to it. It is an Office, not onelyonly of Divine Inſtitution, but for the Safety and Protection of the whole Body or Community, and therefore juſtly and neceſſarily draws to it, and engages their Subjection.
This Office of the Soveraign, according to the Laws, and Fundamental Conſtitutions of the Government of England, is miniſtred by the King in a twofold Capacity, as his Will and perſonal Command is in Conjunction and Agreement with his People in Parliament, (during the Seſſion thereof) or as it is in Conjunction and Agreement with the Law, the Parliament not Sitting. But his Will and Perſonal Command ſingle, in diſ-junction and diſagree▪ from the Parliament or the Laws, hath not the force of a Law, ſaith Forteſcue, and gives the Reaſon of it, Becauſe this is a limitted Monarchy, where the King's Power (as to the exerciſe of it) is onelyonly a Power Politick.
The Obedience then which from the Subject is due to the King, and which they are ſworn to perform by the Oath of Allegiance, is to him, in the miniſtry of the Royal Office, according to the reaſon and intent of the Fundamental Compact and Conſtitution, and according to his own Oath, which is to Govern by Law; that is, to Exerciſe his Rule or Royal commanding Power, in Conjunction and Agreement with the Parliament when ſitting, and in Conjunction, and Agreement with the Laws of the Land, they not ſitting. To exerciſe his Power otherwiſe, is and hath been alwayes judged a grievance to the People, and a going againſt that which is the original Right and juſt Liberty of the Community, who are not to be bound to ſuch perſonal Commands at will and pleaſure, nor compelled to yield Obedience thereunto.
The contrary hereunto was the Principle at bottom of the Kings Cauſe, which he endeavoured to uphold and maintain, in order to decline and lay aſide the Legal Reſtraints as aforeſaid, which the Government of England by the Fundamental Conſtitution, is ſubjected unto, as to the exerciſe and miniſtery of the Royal Office.
From the Obſervation and Experience which the Pople of England had, and made many years together, by their Repreſentatives in Parliament, of a deſire in the King to ſhake off theſe Legal Reſtraints in the Exerciſe of the Regal Power, and on their having tried the beſt wayes and means that occurred to their Underſtandings, to prevent the ſame, and to ſecure to themſelves the enjoyment of their Juſt Rights and Liberty, they at laſt pitch'd upon the deſiring from the King, the continuance of the ſitting of the Parliament called, November 3d 1640, in ſuch ſort as is expreſſed in that Act, 17. Car. wherein it is provided, That it ſhall not be Diſcontinued or Diſſolved, but by Act of Parliament.
This was judged by them, the greateſt Security imaginable, for keeping the miniſtry of the Royal Office within its due Bounds; and for quieting the People in the enjoyment of their Rights. But experience hath ſhewed, that this yet could not be done without a War, the worſt and laſt of Remedies. For although their Continuance as the Repreſentative Body of the Kingdom, with the Right to exerciſe the Power and Priviledges inherent in, and inſeparable from that Supream Court and Chief Senate (whereof the King is Head, both making but one Perſon or Politick Body in Law) yet they themſelves, as well as the King, were bound by the Fundamental Conſtitution or Compact, upon which the Government was at firſt built; containing the Condition upon which the King accepted of the Royal Office, and on which the People granted to him the Tribute of their Obedience and due Allegiance. This Condition, (as the Lawes and Experience declare) is, that the King ſhall exerciſe his Office of Rule over them according to the Laws, as hath been ſhewed, and as he and his People ſhall from time to time agree in Common Council in Parliament, for that end aſſembled. In reſpect hereof, the Laws ſo made, are called the Concords or Agreements paſſed between the King and the Subject, in the 3d part of Cooks Inſtitutes.
Theſe Agreements then are the Standard unto the Kings Rule and the Peoples Obedience, ſignifying the juſtice of his Commands, and the dueneſs of their Allegiance.
But the caſe ſo happening, that this Conjunction and Agreement which ought to be found between the perſonal Will of the King, and Repreſentative Will of the Kingdom, failing, and theſe two Wills declaring themſelves in Contrariety and Oppoſition, both of them becoming ſtanding Powers, Co-ordinate and diſtinct parts of the Supremacy, as the two Channels wherein the Supremacy is placed and appointed to run, as to its exerciſe, by the Fundamental Conſtitution; hence ſprang the War, each aſſerting and endeavouring to defend and maintain their own part and right, which ought not to be kept up in diſ-junction and contrariety, but in Unity and Agreement each with other. Theſe two Parties with their Adherents, in this Caſe, may be according to the Law, Contrarients one towards another, as the Law affords an Example, in the Preamble to Cook's 4th Part of his Inſtitutes (not properly Traytors) being co-ordinate Powers, parts of the Supremacy, that are the Heads to each Party; and by conſequence have a right of making a War, as their laſt Appeal, if they cannot otherwiſe agree.
Being once entred thus into a ſtate of War and actual Enmity, they do as it were become two Nations, and ceaſe to be under the Obligations they were in before, for during this ſtate of War and Enmity, the ſtanding Laws (in a ſort) ceaſe, and a new way of Rule each Party Forms to himſelf and his Adherents, as may beſt conſiſt for each of their Safeties and Preſervations.
Upon this Diſ-junction of the two Wills, in the Harmony and Agreement whereof, the Supremacy is placed, theſe following Queries do naturally ariſe;
Firſt.
To which, or Whether of theſe by Law is the Allegiance required as due? Is it to be yeilded to the Perſonal Will of the King ſingle, in diſjunction from the Will of the Repreſentative Body of the Kingdom, or to the Will of the People, in diſ-junction from the Will of the King? Or is it to the Perſonal Will of the King, in conjunction with the Laws, though in oppoſition and contrariety to the Will of the Kingdoms Repreſentative in Parliament Aſſembled? Or is it to the Will of the Kingdomes Repreſentative, in conjunction with the Laws, though in oppoſition to the Perſonal Will of the King?
The Second Querie is,
In whoſe Judgement in this caſe are the People by Law to acquieſce, as to the declaring with whom the Laws are? Whether the Perſonal Judgement of the King ſingle, or the Vote of the Senate, that is, the Kingdoms Repreſentative Body?
The Third Querie is,
With whom will the Laws be found to go in this Caſe, ſo rare, unuſual, and never happening before, and who is the Proper and Competent Judge? Alſo, whether the Laws be not perfectly ſilent, as never ſuppoſing ſuch a Caſe poſſible to happen, by reaſon that the Power uſed by the one for Diſſolving the other, never before ſuffered the Oppoſition to riſe ſo high?
The Fourth Querie is,
Whether he, in this Caſe, that keeps his Station and place of Truſt, wherein God and the Law did ſet him, with care to demean himſelf according to the beſt of his Vnderſtanding, agreeably to the Law and Cuſtomes of Parliament, and purſuant to their Votes and Directions, (ſo long as they ſit and affirm themſelves to be a Parliament) and uſes his beſt endeavours in the exerciſe of that publick Truſt, that no Detriment in the general come unto the Common-wealth by the failer of Juſtice, and the neceſſary Protection due from Government, without any deſigning or intending the Subverſion of the Conſtitution, but onelyonly the ſecuring more fully the Peoples Liberties and juſt Rights, from all future Invaſions and Oppreſſions, be not ſo far from deſerving to be judged Criminal in reſpect of any Law of God or Man, that he ought rather to be affirmed One that hath done his Duty, even the next beſt that was left to him, or poſſible for him to do, in ſuch a dark ſtormy ſeaſon, and ſuch difficult Circumſtances?
As to the Right of the Cauſe it ſelf, it ariſeth out of the matter of Fact that hath happened, and by the Juſt and Wiſe Providence of God, hath been ſuffered to ſtate it ſelf, in the Conteſt between the Perſonal Will and declared Pleaſure of the King, on the one Hand, and the publick Will or Vote of the People in Parliament, on the other, declaring it ſelf either in Orders or Ordinances of both Houſes, or in the ſingle Act of the Houſe of Commons, aſſerting it ſelf a Parliament, upon the Grounds of the Act, 17 Car. providing againſt its diſſolution.
This will appear with the more evidence and certainty, by conſidering wherein either part had a wrong Cauſe, or did or might do that which was not their Duty; taking the meaſure of their Duty from what as well the King as the Peoples Repreſentative are obliged unto, by the Fundamental Conſtitution of the Government, which binds them in each of their Capacities and diſtinct Exerciſes of their Truſt, to intend and purſue the true good and welfare of the whole Body or Community as their End. This (in effect) is to detain the People in Obedience and Subjection to the Law of God, and to guide them in the wayes of Righteouſneſs unto God's well-pleaſing: and to avoid falling out or diſagreeing about the Way or Means leading to that End.
Hence that party which in his or their actings was at the greateſt diſtance from, or oppoſition unto this end, and wilfully and unneceſſarily diſagreed and divided from the other, in the Ways and Means that were moſt likely to attain this End; they were aſſuredly in the Fault, and had a Wrong Cauſe to mannage, under what ever Name of Face of Authority it was Headed and Upheld. And ſuch a Wrong Cauſe was capable of being eſpouſed and mannaged under the face of Authority, as might be pretended unto by either part. For as the King (inſiſting upon his Prerogative, and the binding force which his perſonal Will and Pleaſure ought to have, though in diſtinction from, and oppoſition to his Parliament) might depart from the end of Government, anſwerable to his Truſt, and yet urge his Right to be obeyed; So the publick Will of the People, exerciſed in and by the Vote of their Repreſentative in Parliament, aſſerting it ſelf to be of a binding force alſo, and to have the place of a Law, though in diſtinction from the King and Laws alſo, (as ſaith the King) whatever otherwiſe by them is pretended, might alſo depart from the true end of Government, anſwerable to their Truſt, and yet inſiſt upon their Right to be Obeyed and ſubmitted unto; and having Power in their hands, might unduely go about alſo to compel Obedience. It is not lawful either for King or Parliament to urge Authority and compel Obedience as of Right in any ſuch Caſes, where (according to the Law of Nature) the People are at Liberty, and ought to have a Freedom from yeelding Obedience, as they are and ought to have when ever any would compel them to diſobey God, or to do things that evidently in the eye of Reaſon and common ſenſe, are to their hurt and deſtruction. Such things Nature forbids the doing of, having for that very purpoſe, armed Man with the defenſive Weapon of refuſing to conſent and obey, as that Priviledge, whereby Man is diſtinguiſhed from a Beaſt; which, when he is deprived of, he is made a Beaſt, and brought into a ſtate of perfect Servitude and Bondage.
Such a ſtate of Servitude and Bondage may by God's juſt Judgement, be inflicted upon man for ſin and the abuſe of his Liberty, when by God reſtored. The Liberty which man was at firſt created in, is that Priviledge and Right which is allowed to him by the Law of Nature, of not being compelled under any pretence whatſoever to ſin againſt God, or to go againſt the true good and welfare of his own Being; that is to ſay, of his inward or outward man, but in both theſe caſes, to have and to uſe his juſt Liberty, to Diſſent and refuſe to Obey.
For this every man hath that in himſelf, which by God is made a proper and competent Judge. For, as to all ſin againſt God, and the righteouſneſs of his Law, the Light of Conſcience, that is to ſay the Work of the Law, in and upon the Mind or inward Senſe, and in conjunction with it, doth lighten every one that cometh into the World, accuſing or excuſing, if it be but hearkened unto, and kept awake. And for all ſuch actings, as tend to the ruine and deſtruction of man, in his outward and bodily concerns, and as he is the Object of Magiſtratical Power and Juriſdiction, every man hath a Judgement of common Senſe, or a way of diſcerning and being ſenſible thereof, common to bruit Beaſts, that take in their Knowledge by the door of their Senſes, but is much heightned and enobled in man, by the perſonal union it is taken into, with his intellectual part, and intuitive way of diſcerning things, through the inward reflectings of the mind, compared with the Law of God. This inferiour Judgement in man, when it is conjoyned with, and confirmed by the Judgement of his Superiour part, is that which we call Rational, or the dictates of right Reaſon, that man hath a natural right to adhere unto, as the ordinary certain Rule, which is given him by God to walk by, and againſt which he ought not to be compelled, or be forced to depart from it, by the meer Will and Power of another, without better Evidence; that is, a higher, a greater, or more certain way of diſcerning. This therefore in Scripture is called, Man's Judgement, or Man's Day, in diſtinction from the Lord's Judgement, and the Lord's Day. And this is that, in every individual man, which in the collective Body of the People, and meeting of Head and Members in Parliament, is called, The Supream Authority, and is the publick reaſon and will of the whole Kingdon; the going againſt which, is, in Nature as well as by the Law of Nations, an offence of the higheſt rank, amongſt men. For it muſt be preſumed, that there is more of the Wiſdom and Will of God in that publick Suffrage of the whole Nation, than of any private Perſon or leſſer collective Body, whatſoever, not better quallified and principled. For Man is made in God's Image, or in a likeneſs, in Judgement and Will, unto God himſelf, according to the meaſure that in his nature he is proportioned and made capable to be the receiver and bearer thereof. Therefore it is, that the reſiſting and oppoſing either of that Judgement of Will, which is in it ſelf Supream, and the Law to all others, (or which bears ſo much proportion and likeneſs to the Supream Will, as is poſſible for a Society and community of Men agreeing together for that end, to contrive and ſet up for an adminiſtration thereof unto them) is againſt the duty of any member of that Society, as well as it is againſt the duty of the Body of the whole Society, to oppoſe its Judgement and Will to that of the Supream Law-giver, their higheſt Soveraign, God himſelf.
The higheſt Judgement and Will, ſet up by God, for Angels and Men in their particular beings, to hold proportion with, and bear conformity unto, (in the capacity of Ruled, in relation to their chief Ruler) ſinnes forth in the perſon of Chriſt, the engrafted Word. And when by the Agreement or common Conſent of a Nation or State, there is ſuch a Conſtitution and Form of Adminiſtration pitched upon, as in a ſtanding and ordinary way, may derive and conveigh the neareſt and greateſt likeneſs in humane Laws, or Acts of ſuch a Conſtitution, unto the Judgement and Will of the Supream Legiſlator, as the Rule and declared Duty for every one in that Society to obſerve; It is thereby, that Government, or Supream Power comes to receive Being in a Nation or State, and is brought into exerciſe according to God's Ordinance, and Divine Inſtitution. So then, it is not ſo much the Form of the Adminiſtration, as the thing Adminiſtred, wherein the good or evil of Government doth conſiſt; that is to ſay, a greater likeneſs or unlikeneſs unto Judgement and Will of the higheſt Being, in all the Acts or Laws, flowing from the Fundamental Conſtitution of the Government.
Hence it is, that common Conſent, lawfully and rightfully given by the Body of a Nation, and intruſted with Delegates of their own free choice, to be exerciſed by them, as their Repreſentatives, (as well for the Welfare and good of the Body that truſts them, as to the Honour and Well-pleaſing of God the Supream Legiſlator) is the Principle and Means, warranted by the Law of Nature and Nations, to give Conſtitution and Admiſſion to the exerciſe of Government, and Supream Authority, over them and amongſt them: Agreeable hereunto, we are to ſuppoſe, that our Anceſtors in this Kingdom did proceed, when they conſtituted the Government thereof, in that form of Adminiſtration, which hath been derived to us, in the courſe and channel of our Cuſtomes and Laws; amongſt which, the Law and Cuſtomes in and of the Parliaments, are to be accounted as chief. For,
Hereby Firſt, The Directive or Legiſlative Power (having the Right to State and Give the Rule for the Governors Duty, and the Subjects Obedience) is continued in our Laws, which as well the King as People are under the Obſervation of; witneſs the Coronation Oath, and the Oath of Allegiance.
Secondly, The Coercive or Executive Power is placed in one Perſon, under the Name and Style of a King, to be put forth not by his own, ſingle, perſonal Command, but by the ſignification of his Will and Pleaſure, as the Will of the whole State, in and by his Courts of Juſtice, and ſtated publick Counſels and Judicatures, agreed on for that purpoſe, between him and his People, in their Parliamentary Aſſemblies.
The Will of the whole State, thus ſignified, the Law it ſelf prefers before the perſonal Will of the King, in diſtinction from the Law, and makes the one binding, the other not. So that the publick Will of the State, (ſignified and declared by the publick Suffrage and Vote of the People or Kingdom in Parliament Aſſembled) is a Legal and Warrantable ground for the Subjects Obedience, in the things commanded by it, for the good and welfare of the whole Body, according to the beſt Underſtanding of ſuch their Repreſentative Body, by it put forth, during the time of its ſitting.
The Body with whom the Delegated Vote and publick Suffrage of the whole Nation is Intruſted, being once Aſſembled, with Power not to be Diſſolved but by their own conſent, in that capacity the higheſt Vote and Truſt (that can be) is exerciſed, and this by Authority of Parliament, unto ex Officio, or by way of Office are the Keepers of the Liberties of England, or of the People, by the ſaid Authority, for which they are accountable if they do not faithfully diſcharge that their duty. This Office of keeping the Liberty, which by the Law of God and Nature is due to the Community or whole Body of the People, is, by way of Truſt, committed by themſelves to their own Delegates, and in effect amounts unto this.
1. That they may of right keep out and refuſe any to exerciſe Rule and Command over them, except God himſelf, who is the Supream and Univerſal King and Governour; or, ſuch as ſhall agree in their Actings, to bear his Image, (which is, to be Juſt) and ſhew for the Warrant of their Exerciſe of Soveraignty, both a likeneſs in Judgement and Will, unto him, who is Wiſdom and Righteouſneſs it ſelf; and the Approbation and common Conſent of the whole Body, rationally repoſing that Truſt in them, from what is with viſible and apparent Characters manifeſt to them, of an aptneſs and ſufficiency in them, to give forth ſuch publick Acts of Government, that may bear the Stamp of God's Impreſſion upon them in the Judgements they do and execute; eſpecially, being therein helped with a National Counſel of the Peoples own chooſing from time to time.
2. They may of right, keep, hold, and reſtrain him or them, with whom the Coercive or Executive Power is intruſted, unto a punctual performance of Duty, according to the Fundamental Conſtitution, the Oath of the Ruler, and the Laws of the Land. And if they ſhall refuſe to be ſo held and reſtrained by the humble Deſires, Advice and common Conſent in Parliament, and the Peoples Delegates be invaded and attempted upon by force, to deter them from the faithful diſcharge of this their Duty; they may, in aſſerting their Right, and in a way of their own juſt Defence, raiſe Armes, put the iſſue upon Battel, and Appeal unto God.
3. Such Appeal anſwered, and the iſſue decided by Battel, the Peoples Delegates ſtill ſitting, and keeping together in their Collective Body, may of right, and according to reaſon refuſe the readmiſſion or new-admiſſion of the Exerciſe of the former Rulers, or any new Rulers again over the whole Body, till there be received Satisfaction for the former Wrongs done, the expence and hazzard of the War, and Security for the time to come, that the like be not committed again. Until this be obtained, they are bound in duty, in ſuch manner as they judge moſt fit, to provide for the preſent Government of the whole Body, that the Common-weal receive no detriment.
4. In this which is the proper Office of the Peoples Delegates, and concerns the keeping and defending the Liberty and Right of the whole People and Nation, they may and ought, (during their ſitting) to Exerciſe their own proper Power and Authority (the Exigents of the Kingdom requiring it) although the other two Eſtates joyntly inſtructed with them, (in the exerciſe of the Legiſlative Authority) ſhould deſert their ſtation, or otherwiſe ſail in the Execution of their Truſts; yea, or though many or moſt of their own Members (ſo long as a lawful Quorum remains) ſhall either voluntarily withdraw from them, or, for juſt cauſe become excluded. In this diſcharge of their truſt, for the common welfare and ſafety of the whole, their Actings (though extraordinary and contrarient to the right of the other two) cannot be treaſonable or criminal, (though they may be tortious, and erroneous) ſeeing they are equals and co-ordinate, in the exerciſe of the Legiſlative Power, and have the Right of their own proper Truſt and Office to diſcharge and defend, though their fellow Truſtees ſhould fail in theirs. Nor can, nor ought the People, as Adherents to their own Delegates and Repreſentatives, to be reputed criminal, or blame▪ worthy, by the Law.
In the exerciſe of one and the ſame Legiſlative power (according to the Fundamental Conſtitution of the Government of England) there are three diſtinct publick Votes, allowed for Aſſent or Diſcent, in all matters coming before them; the Agreement of which is eſſential and neceſſary to the paſſing of a Law: the perſonal Vote of the King; the perſonal Votes of the Lords in a Houſe or diſtinct Body; and the Delegated Vote and Suffrage of the whole People, in their Repreſentative Body, or the Houſe of Commons. Unto each of theſe, appertains a diſtinct Office and Priviledge, proper to them.
1. The Regal Office, and the Prerogative thereof to the King.
2. The Judicial Office, to the Lords, as the higheſt Judicature and Court of Juſtice under the King, for the exerciſing Coercive Power, and puniſhing of Malefactors.
3. The Office of the Keepers of the Liberties and Rights of the People, as they are the whole Nation, incorporated under one Head, by their own free and common Conſent.
The Regal Office is the Fountain of all Coercive and Executive Power, purſuant to the Rule, ſet to the ſame by Law, or, the Agreement of the three Eſtates in Parliament.
The Rule which is ſet, is that of Immutable Juſt and Right, according to which, penalties are applicable, and become due, and is firſt ſtated and aſcertained, in the declared Law of God, which is the ſignification or making known by ſome ſign, the Will of the Supream Legiſlator, proceeding from a perfect Judgement and Underſtanding, that is without all Error or Defect.
The Will that flowes from ſuch a Judgement, is in its nature Legiſlative, and binding, and of right to be obeyed for its own ſake, and the perfection it carries in it, and with it, in all its actings. This Will is declared by Word, or Works, or both. By Word we are to underſtand, either the immediate Breath and Spirit of Gods mouth or mind, or the Inſpiration of the Almighty, miniſtred by the holy Ghoſt, in and by ſome creature, as his veſſel and inſtrument, through which the holy Scriptures of the old and new Teſtament were compoſed. By works that declare God's Will, we are to underſtand the whole Book of the Creature, but more eminently and eſpecially, the particular Beings and Natures of Angels and Men, who bear the name and likeneſs of God in and upon their Judgements and their Wills; their directing Power, and their executive Power of mind, which are eſſential to their Being, Life, and Motion.
When theſe direct and execute, in conjunction and harmony with God's Judgement and Will, made known in his Law, they do that which is right; and by adhering and conforming themſelves unto this their certain and unerring Guide, do become Guides and Rulers unto others, and are the Objects of right choice, where Rulers are wanting in Church or State.
The Rule then to all action of Angels or Men, is that of moral or immutable Juſt and Right, which is ſtated and declared in the Will and Law of God. The firſt and higheſt imitation of this Rule, is the Creature-being in the perſon of Chriſt. The next is the Bride the Lambs Wife. The next is the innumerable Society of the holy Angels. The next is the Company of Juſt Men, fixed in their natural Obedience and Duty, through Faith, manifeſting it ſelf not onelyonly in their Spirits, but in their outward Man, redeemed even in this World, from the body of corruption, as far as is here attainable. The Power which is directive, and ſtates and aſcertains the morallity of the Rule for Obedience, is in the Law of God. But the original, whence all juſt executive Power ariſes, which is Magiſtratical and Coercive, is from the will or free gift of the People, who may either keep the Power in themſelves, or give up their Subjection into the hands and will of another, as their Leader and Guide, if they ſhall judge that thereby they ſhall better anſwer the end of Government, to wit, the welfare and ſafety of the whole, then if they ſtill kept the Power in themſelves. And when they part with it, they may do it conditionally or abſolutely; and whilſt they keep it, they are bound to the right uſe of it. In this Liberty, every man is created, and it is the Priviledge and juſt Right which is granted unto Man by the Supream Law-giver, even by the Law of Nature, under which man was made.
God himſelf leaves man to the free exerciſe of this his Liberty, when he tenders to him his ſafety and immutability, upon the well or ill uſe of this his Liberty, allowing him the choice, either to be his own guide and ſelf-ruler, in the ability communicated to him, to know and execute Gods Will, and ſo to keep the Liberty he is poſſeſſed of, in giving away his ſubjection or not; or elſe upon God's Call and Promiſe, to give up himſelf in way of ſubjection to God, as his Guide and Ruler, either abſolutely or conditionally. To himſelf he expects abſolute Subjection; to all ſubordinate Rulers, conditional.
While mans Subjection is his own, and in his own keeping, unbeſtowed and ungiven out of himſelf, he is not, nor cannot be accountable by way of crime or offence, againſt his Ruler and Soveraign, but may do with his own what he pleaſe; but ſtill at his peril, if he uſe not this his Liberty as he ſhould, to the end for which it is given him, which is by voluntary and entire reſignation to become an obedient Subject unto him who is the Supream Law-giver, and Rightful King, without poſſibility of change or defection.
Unto this right and the lawful exerciſe and poſſeſſion of, it this Nation did arive by the good providence and gift of God, in calling and aſſembling the Parliament, November 3d. 1640. and then continuing their Seſſion by an expreſs Act, 17. Car. with power not to be diſſolved but by their own conſent; which was not ſo much the introducing of a new Law, as declaratory of what was Law before, according to Man's natural Right, in which he was created, and of which he was poſſeſſed by God, the ſoveraign giver of all things.
But the paſſing that ſaid Act of Parliament alone, was not that which reſtored the Nation to their original Right, and juſt Natural Liberty; but onelyonly put them in the capacity and poſſibility of it. That which wanted to make out to the Nation a clearneſs in having and obtaining this their right, was the obligation they had put upon themſelves and their poſterities to their preſent Soveraign and his Authority, which in juſtice and by the Oathes of Allegiance they were ſolemnly bound to, in the ſight of God as well as of Man. And therefore, unleſs by the abuſe of that office of Truſt, (to that degree, as on his part, to break the fundamental compact and conſtitution of Government) they could not be ſet free nor reſtored to their original Right and firſt Liberty: eſpecially if together with ſuch breach of Truſt, both parties appeal to God, and put it upon the iſſue of Battel, and God give the deciſion; and in conſequence thereof, that original Right be aſſerted, and poſſeſſion thereof had and held for ſome years, and then not rightfully loſt, but treacherouſly betrayed and given up by thoſe in whom no power was rightfully placed, to give up the ſubjection of the Nation again unto any, whatſoever.
Unto which is to be added, that how and when the diſſolution of the ſaid Parliament, (according to Law) hath been made, is yet unaſcertained, and not particularly declared: by reaſon whereof, and by what hath been before ſhewed, the ſtate of the Caſe on the Subjects part, is much altered, as to the matter of Right, and the Uſurpation is now on the other hand, there being, (as is well known) two ſorts of Uſurpers; either ſuch, as having no right of conſent at all unto the Rule they exerciſe over the Subject; or ſuch, who under pretence of a Right and Title, do claim not by conſent, but by conqueſt and power, or elſe hold themſelves not obliged to the Fundamental compact and conſtitution of Government, but gain unduely from the Subject, (by advantages taken through deceit and violence) that which is not their own by Law.
For a rational Man to give up his Reaſon and Will unto the Judgement and Will of another, (without which, no outward coercive Power can be) whoſe Judgement and Will is not perfectly and unchangeably good and right, is unwiſe, and unſafe, and by the Law of Nature, forbidden. And therefore all ſuch gift, made by rational men, muſt be conditional, either implied, or explicite, to be followers of their Rulers, ſo far as they are followers of that good and right, which is contained in the Law of the Supream Lawgiver, and no further; reſerving to themſelves, (in caſe of ſuch defection and declining of the Rulers actings from the Rule) their primitive and original Freedom, to reſort unto, that ſo they may in ſuch caſe, be as they were before they gave away their ſubjection unto the Will of another; and reſerving alſo the power to have this judged by a meet and competent Judge, which is the Reaſon of the King and Kingdom, declared by their Repreſentatives in Parliament; that is to ſay, the Delegates of the People in the Houſe of Commons aſſembled, and the Commiſſioners on the Kings behalf, by his own Letters Patents, in the Houſe of Peers; which two concurring do very far bind the King, if not wholly.
And when theſe cannot agree, but break one from another, the Commons in Parliament aſſembled, are ex Officio, the Keepers of the Liberties of the Nation, and righteous Poſſeſſors and Defendors of it, againſt all Uſurpers and Uſurpations whatſoever, by the Laws of England.