Answer t o Doctor Fearne, Text

Answer t o Doctor Fearne · Text

p. 1An answer to Doctor FEARNS Book.

YOur Preamble and Section are upon grounds which you have laid, to which we hasten, the first proofe of the Romans I will referre to the last place, for I meet with it there too.

In the second place,1 Sam. 14 39.1 Sam 14:39 whilst you seeme to lessen the resistance, you grant a resistance which is a full one, and not the lesse by being his owne souldiers; for Saul had made a vow, For as the Lord liveth, thou shalt surely dye, verse 44. Thou shalt surely dye Jonathan, but the people rescued him in the verse following: you know Jeptha made such a vow, and paid it. Well then you inferre that it was love was the cause of that resistance; I doubt not, nor you in your conscience beleeve, it is hatred to the King, which is the cause of this resistance; for Davids resistance you will not deny against Saul, but the manner of it you say was not against his person, and it was for his defence: Well then I see if we can prove that we are in a defensive war, it is enough; yet I must tell you it is very probable, that he would have kept Keilah against Saul, for it was a strong City, and he did desire of God to let him know whether he should be delivered by them or no, which if they would have stucke to him, you have no reason to thinke but he would have accepted of them as well as others, that were in distresse, in debt, discontented, for he afterwards fled to Achish,1 Sam. 23.12. 1 Sam. 22.2. 1 Chron. 12.23.1 Sam 23:121 Sam 22:21 Chr 12:23 Sauls enemy with six hundred men, if his warre were meerly defensive, what did those hosts of men flock to him for? yea it is most probable that resistance would have beene made against Saul himselfe, if he had come downe into the battell, which you may learne by the 11. verse, for I cannot beleeve that Davids companion Abisha would have spared him in the battell, who would have kil'd him asleepe: besides David was but a private man, and was loath to give that example, for private men to kill tyrants,1 Sam. 26.10.1 Sam 26:10 he himselfe being to be a King; besides it is not lawfull for any private man to kill a murderer, though he take him in the act: Lyra upon the 11. verse, Or else he shall descend into the battell and perish. That he would not have kil'd Saul unlesse it had been in his owne defence, so that there is more then we doe warrant, for our armes is not taken in the defence of any one private man, but of the Kingdome. So that I perswade my selfe, the peoples conscience may be grounded upon things very probable, when as you have not shewne in Scripture, that a tyrant is not to be resisted, but more of this in the 13. of the Romans.

For that of the high Priest, to me seems plaine,2 Chron. 26.17.2 Chr 26:17 That he did intend a violent resistance: And Azariah the high Priest went in after him, and with p. 2him fourescore Priests of the Lord that were valiant men: doth neither the number, I pray you, nor the quality denote nothing more, if need should have required, and they went after this manner before the Lord commanded any such thing which you pretend, let the world judge.

That of Elisha was more then a bare shutting of the doore against the Kings messenger, for Elisha commanded that the doore should be shut, and the messenger should be held fast.2 Kings 6.32.2 Kgs 6:32

For that story of Saint Ambrose Bishop of Millan which you have lessened, there is something more in it, you deny the excommunication which I affirme, I pray you what was that foreign or barre which kept him from comming to the Church, and the Emperour desired so much to be released of:Nicephorus Calistius, lib. 12. cap. 42. foreign. Numb. 16.3.Num 16:3 my Author tells you, Ambrose met him, and tooke hold of his purple garment, and hindred him in the midst of the people from going into the Temple, so that the King for that time departed home, yet afterwards after much sorrow (for his bloudy fact committed upon his subjects, innocent with the nocent at Thessalonica without forme of Law, which was upon a foule rebellion against him) he sent Ruffinus to him to desire admittance into the Church, but Ambrose answered Ruffinus, that if the Emperour would turne tyrant, he would willingly lose his life, for thus much he told him plainly, he would hinder him, though it cost him his life, that he should not come to the threshold.

For the seventh page, that will be answered when we shall make it appeare that we are upon the defence.

For the instance of the two hundred and fifty Princes against Moses and Aaron, of one singular, which being against lawfull power, you cannot sure induce, that all resistance must be unlawfull against persons that abuse that power, and as that was unjust, so this is just, which I hope wil appeare at the end of this Treatise.

That there was no other meanes left for Sauls subjects, but crying to the Lord, you prove nothing by that, for the reasons are assignd, and he will appoint him Captaines over fifties, and will set them to eare his grounds, and keepe his harvest; 1. Sam. 8.12.1 Sam 8:12that of the eighteenth verse doth not declare that they had no other remedy left them which you expresse, but onelyonly thus much, And yee shall crie out in that day, and the Lord will not heare you in that day.

That of Numbers 10. that the people were not to be gathered together without the supreame power; I need no other answer but this, I pray you is not the Parliament called by his Majesty.

Who can stretch forth his hand against the Lords anointed: I pray you Sir, acquaint your selfe with the story of Abraham, Isaac and Jacob: were not they the Lords anointed? besides the Lords anointed was applied to no Kings that ever I read of, saving these, Saul, David, Salomon, John, Hazael, those men were of Gods immediate choice,Saint Peter. but our Kings are meerly in the people a humane ordinance, and will it not suffice, that there is no intent to hurt the Kings person; no you reply he might have suffered in the battell at Edge hill; I pray you what security can you gather that Saul had of his person, would not David have defended himselfe against what power soever? yes, against Saul himselfe, you may gather by Davids p. 3speech, he shall either dye his death, or the Lord shall visit him, 1 Sam. 26.11.1 Sam 26:11or he shall descend into the battell and perish.

I will not weary my Reader to answer the same matter as oft as you object it: you tell us that they are called Gods, looke the Psalme, and you shall finde the Judges so called: You wonder that none of the Prophets did call upon the Elders for this manner of resistance against the Kings of Israel: Psal. 82.6.Ps 82:6I desire you for your better satisfaction, turn over these places of Scripture,2 Sam. 18.7.2 Sam 18:7 Hezechia, and he rebelled against the King of Assyria, and served him not.

You may suppose that being forraine Princes it is not of that validity, but I answer, that domesticke tyrants are the worse,Jerem. 26.24.Jer 26:24 and therefore the more to be repressed, because they are perjured and more cruell. Ahikam kept Jeremiah from death that would have beene pronounc'd against him;2 Kings 11.16.2 Kgs 11:16 Was not Athaliah slaine? Did not the Macchabees defend themselves, and their Common-wealth against the Macedonian tyrants? Thus you see how plaine in the old Testament it is apparant that this resistance was practised against tyrants, was not Nebuchadonezar deposed?Dan. 5.20.Dan 5:20

I will hasten to bring up the reare, that I may overcome the principle of the 13. of the Romans, which you have grounded upon, and in the proving, you tell us you doe not intend to settle an arbitrary government in the Prince, whatsoever you intend I know not, but I am sure by your exposition of that place, you will make us capable of the greatest slavery when the Prince will, for you doe utterly disarme and outlaw nature, that it may not defend it selfe, but I hope wee shall prove you have mistaken the place.

First of all, you say, but you doe not prove that the King is that higher power, you bring a place of Saint Peter, 2.12. Submit your selves to every ordinance of man, whether to the King as supreame, or unto governours as sent by him: You cannot prove this, That other Cities or Countries, who were not under Kings at the same time should be disobedient, for sure there were some places not governed by Kings at the same time; Saint Peter writ to those that were dispersed in some Countries, as you will see.Epist Petri c. 1. v. 1.

But before I give you an exposition of this Chapter, I thought good to let you know the time when this Chapter was written of Saint Paul to the Romans, it was written in the infancy of the Church, in which time it was not enough to be without just cause of scandal, but also to be without appearance unto them, who sought unjust causes to accuse them, neither doth he preach a new, but the common obedience, that Citizens should obey their Magistrates, and wives their husbands, and that he might omit nothing whereby he might gaine the good will of men, and the glory of God might be more acceptable by the Christians among the Gentiles, and that the glory of his Gospell might be further propagated, for the performance of which worke, there was need of publick peace, of which Princes and ill Magistrates were the keepers; besides he writ this Chapter that he might correct the rashnesse of some, who affirmed that Christians had no need of government, for Magistrates were only ordained against evill men, so that we might all live equall, they did contend that there was no use of the civill Magistrate amongst men that were free from all p. 4contagion of vices, and that they maight be a law to themselves: Therfore St. Paul doth not speak here of the person that beares the office, but of the office it selfe; nor of one or other kinde of Magistrate, but of all kindes of Magistrates: neither is his contention with them that thinke evill Magistrates to be restrained, but with men refusing all kind of Magistracy, who absurdly interpreting Christian liberty, affirming that it was most unfitting that those who were made, free of the Sonne of God, and were governed by his Spirit, should be under the power of any man.

Let every soule be subject to the higher powers, Rom. 13. St. Paul doth not meane Kings alone, but includes other Magistrates. You have all Divines for it. Besides, they write upon this place, that it is not to be understood of the persons, but of the office: for in the persons there are oft-times vices, and causes of disobedience. S Chrysostom, (3)(3)foreign.for this cause he did not say, That there was no Ruler but from God, but he spake of the office, saying, There is no power unlesse of God; all powers are ordained of God. All other civill officers are included here: for he calls them not higher powers as in relation amongst the powers themselves, but as in the relation to the subject. I would that they who dreame so much power is given unto Kings alone, that they would shew out of the same Paul, that Kings alone are meant by this word, Power. (4)(4)Jubet quidem sed isto nomine Potes…tes necesseest ut & …aet…ro… Magistratus comprehendat, nisi for…è Paulū… credamus ex stimare in civ…tatibus quae regio ca…t Imperio, nullam …ou statem sed pla…è foreign. De ju… r…g…i. Buchan….It is true, he commands us, that we should be subject to the higher powers; but it is in the word Powers that hee comprehends other Magistrates; unlesse (peradventure) wee shall thinke Paul thought there was no powers but an Anarchy in those Cities which were not subject to a King at that time. But by that which followes in the same verse, There is no power but of God, foreign. This is a Species, or part, being in the singular number, when the preceding powers foreign, is of the plurall number, that comprehendeth this power: for the former word powers is taken cōjunctim; for all kinds of powers:(5)(5)foreign. Arist. Polit. for there is a power over ones wife, another over his children, and another over his family: for that speech, There is no power but from God, is equipollent, or the same with this, That every power is from God: So that by reading of St. Peter, you will know that this power which St. …aul speakes of, is not meant onelyonly (as you affirme) of Kings: for supreame powers are from God, who is the God of order and government: But this forme or that forme of government, is an humane ordinance. Be you subject unto every human ordinance, whether Kings. So that it is most plaine, that the power is one thing, and the man that executes that power, is another thing: for they have severall causes, the one divine, the other human. So that now we will proceed to the next, having cleared this same by St. Pauls owne words, that hee did not meane one kinde of power, as you would have him in the 10. and 11. page, but all kinde of power, as in relation to every subject.

(6)(6)foreign, vers 2.Whosever resisteth this power, resisteth the ordinance of God: So that to flye the judgement of this verse, you must know, that those who make resistance against such as abuse the power of God, are not guilty of this censure. Buchan (7)(7)Non enim de tyranno, inquit Chrysostomus, haec à Paulo scribuntur.notes, that St. Chrysost. (8)(8)foreign.observes, that Paul writ not this concerning the resistance of a tyrant, but of a true and lawfull magistrate, not of this or that Prince St. Paul speaks of▪ but of the office it selfe.

p. 5Now the character whereby we shall know whether hee bee a lawfull Magistrate or no, the 3. & 4. verses doe make a difference: For Rulers are not a terror to good works, but of evil. Wilt thou then not be afraid of the power, do that which is good, and thou shalt have praise of the same: for hee is a Minister—(9)(9)foreign. Arist. Ethic. whose chiefe care is his subjects good. The Magistrate that the Apostle speaks of, est ultor adiram Dei; a revenger to execute wrath upon him that doth evill. So that an inferior Magistrate ought to resist the oppression of a superiour Magistrate, or else he bears the sword in(10)(10)Remota enim justitia quid enim sunt regna nisi magna latrocinia. S. Austin lib. 4. de Civit. Dei, cap. 4. vain: for inferior Magistrates are added as well to curb the superiour as to ease him. St. Chrysostom gives him this note, He (11)(11)foreign. S. Ch…ys.punisheth the bad, encourages and rewards the good, and doing the will of God; and for this cause calls him his Minister. (12)(12)foreign. S. Chrys.And for this cause from the beginning, by consent of all, Princes are maintained by u…, because our affaires are their care, and they neglect their owne, and imploy all their time for the safety of our affaires. And this is the cause why wee pay tribute, else wee should not have payd tribute, as the same Father speakes, foreign. Wherefore you must needs be subject, not onelyonly for wrath, but also for conscience sake. St. Chrysostome comments thus upon this place.(13)(13)foreign. S. Chrys. What is it that he saith, Not only for wrath? Not only, he saith, because thou resistest God in thy disobedience, nor because thou art the author to thy selfe of great affliction both from God and Man; but because the King is thy great benefactor, whereby thou enjoyest peace and a good government- By these Rules you may discerne that power which is of God. And that the text may be more illustrated, I will describe unto you him that abuses this power, he is not for the morall good which is meant by the text, as it contrary denotes, foreign, evill works or vices: They bear not the sword for you, but against you: yet you will say, they are the Ministers of God. It is true, they are so, ut morbi ut pestes, as plagues and diseases, sed non & ministri & Dei potestates appellantur, but they are not called as Ministers and powers of God, which by no means must bee attributed to the scourges of God: for God sends evill Rulers to evill men.(14)(14)foreign Arist, polit. c. 11 2 Thess. 2.4. Revelation 4. The Septuagint reads him, a great Giant. foreign.2 Thess 2:4Rev 4 The good is sent to the good, the bad to the bad (according to the proverb) one peg drives out another. But no man dare say, that God is the author of tyranny: for tyranny is from the Divell onelyonly, God permitting and conniving. Satan is said to have dominion over kingdomes, princely power is given to Satan, God conniving. There were Princes that God did not acknowledge. They have set up Kings, but not by me, they have made princes, and I knew them not. Hosea 8.4.

Nimrod was a mighty hunter before the Lord, Gen. 10.9. hee was the first Monarch, and he was a great oppressor and tyrant: for Hunters are for the most part taken in an ill sense, and are called tyrants, Jerem. 16.16. Lament. 4.18. Mich. 7.2. Ezek. 3.18.20. To make that text more plaine, hee is said to be a Hunter before God, is taken oft-times for in despite of God, Gen. 6.11. The Septuagint reads it, against the Lord. So that we may make this argument (St. Paul. was a Logician) if good Princes be to be obeyd and assisted in all manner of wayes, the bad ones must be disobeyed and resisted in all manner of wayes: for contraries will have contrary consequences. I doe not goe about to prove by this p. 6argument, that private men may**Rehoboam, 2 Chro. 10.11. Atthaliah, 2 Chro. 21.10. Jehoram and others, 2 Chro. 23.2 Chr 10:112 Chr 21:102 Chr 23 resist: no, the Magistrates and established Courts of the kingdom, are to inforce & command resistance upon occasion, as wel as obedience, else the inconvenience wil be great, if the dignity of Princes should be obnoxious to every private mans opinion, it must not be foreign, he that resisteth in the singular number. Perhaps you will aske mee, where ever I read, that a King was punished in the Scripture by his subjects. What if I could not produce an example, it will not forthwith be concluded, that what fact soever we should deny to bee exprest in the Scripture, that that should bee esteemed wicked and abominable: for if nothing should be done but by example drawn from Scripture, how small a part of the Civill or of our lawes would remaine: for the greatest part of them were not composed upon old examples, but upon new deceits and cousenages, that were not discovered before; and though I should grant you the Jewish Kings were not punished by their subjects, the urging of them is nothing to the purpose: for they were not made from the beginning by their subjects, but in an extraordinary way they were given them by God: and therefore hee had the best right who was the authour of their honours, to be an exacter of their punishments: So that here you are answered, when you confesse that the Jewish Kings were punished, you say it was by extraordinary meanes from God, so it was fitting they being bestowed upon them by an extraordinary meanes, should by the same means be punished.(15)(15)Nos autem id contendimus eum populum à quo reges nostri habent quiequid juris sibi vindicant Regibus esse potentiorem, jus idem habere in eos multitudinem quod illi in singulos à multitudine habent. Bucha. But we contend, saith Buchanan, that the people of the kingdome from whence our Kings hold what right they have, should be the Kings superiors; and that the Kingdom should have the same priviledges upon the Kings, that the Kings have upon all single persons. (16)(16)Velim ergo qui ex Pauli verbis tantum regibus potestatem datam somniant aut ostendant ex eodem Paulo solos Reges potestatis nomine hic accipi, ideo{que} solos leg…m poenis eximendos, at si cum potestates dicimus intelligantur etiam alii Magistratus, ab eodem auctore Deo in cundem usum in stituti, illud quoque velim ostendant, ubi omnes Magistratus legibus soluti, & à poenarum me…u liberi pronuntiontur, aut solis regibus ista immunitas concessa, caeteris qui in potestate sunt, negatur. Buch. 1 ad Corinth.I would therefore (as the fame author tels you) that those who dream of so much power unto Kings out of these words of St. Paul, that they would shew mee out of the same Paul, that Kings alone should be exempted from punishment. But when wee name powers, other Magistrates are understood, who are ordained by the same author, God, for the same use; I would have them shew mee that, where the other Magistrates are exempted from Lawes and feare of punishment, or this, where that immunity is granted onelyonly unto Kings, and denyed to the other powers or magistrates, for Bishops, inquit Buch. they are not exempted, who in a manner have a Monarchicall government over the inward man, as the Kings have over the outward man. And Saint Chrysostome will tell you that they are not exempted, though the Papists will have it so, foreign, neither Minister, Preacher, or Prophet, but all must be subject: besides as Buchanan tells you, Animadvertendum diligenter quantum Paulus tribuerit Episcopis, quorum functionem miris laudibus & veris laudibus afficit, ut qui quodammodo Regibus compositi ex adverso respondent quatenus, &c. Wee must carefully observe how much Paul attributes to Bishops, and with what great and wonderfull praises he extols their function or office, which is a kinde of government which may answer that of the Kings, for as the one are Physicians to the inward man, so the King is to the outward man, neither would he have one free from the other, but even as Bishops are subject to the King in civill government, so ought Kings to be obedient unto the spirituall admonitions of the Bishops: and although the dignity of p. 7these Bishops be so great and large, yet neither divine nor humane Law exempts them from punishment, but for all in generall hee commands should bee observed with publique and haynous offenders: and if this should be observed amongst Christians, all such kinde of wicked men, unlesse they repented, might perish either with hunger, cold, or nakednesse. All Ecclesiasticall Writers agree thus unanimously. Saint Ambrose excommunicated the Emperour Theodosius. So that I affirme thus much, since that it is expresly commanded, that wickednesse and wicked men should be destroyed without either of exception of degree, or order, notwithstanding in no place in the holy Scripture is there more respect unto tyrants then to private men: the command is generall in Deut. 17.16. you may see what duties Kings were tyed unto,(17)(17)Josephus, an Author of great esteem, in his antiquities of the Jewes, tells us, that Moses gave them this command after hee had commended Aristocrasie: If you have a desire to have a King, let him be of your own Tribe, just and vertuous continually, let him prefer God and the Lawes before his own wisedome: for let him doe nothing without the Priest and Senates opinion. foreign. l. 4. Antiq. That they should not multiply riches, their hearts should not be lifted up above their brethren, nor that he turne aside to the left nor to the right, to the end that he may prolong his dayes in the kingdome, he and his children in the midst of Israel. There are places in the Scripture as generall sure as that foreign, he that resisteth, Rom. 13. who so sheddeth mans blood, Gen. 9.6. Rev. 13.10. blasphemeth, Levit. 24.16. if thy brother the sonne, Deut. 13.6. and surely the King is contained within some of these relations. This caution I would give you, that tells the King hee is not answerable to any but to God for breach of promise, such tenents as these may make some of them beleeve, that the whole world is made for the good of Kings, when it is cleare contrary: that Kings onelyonly are for the good of their kingdomes: take heed I say you make them not more then their Creator, when you make them more then the kingdome: for looke whatsoever the kingdome promises, those must bee performed, and whatsoever God promises you will tye him to his promises, and you will say unto him, Quid agis? What dost thou? if he doe but deferre his promises: but the King who ought most of all to be bound to his Lawes, by reason of that great trust, you doe(18)(18)Et qui nolunt occidere quenquam, posse volunt, —Et nihil est quod credere de se— non audet cum laudatur dis aequa potestas. absolve him from those Lawes: I could number up abundance of inconveniences would happen, for this of Aristotles is well knowne, foreign, One absurd thing being granted, a thousand will follow.

Now Sir to grapple with you, and to let the world see how you have built Castles in the aire, for first of all, you assume that the King is that supreame power, in your page tenne and eleven, which is proved against you in the comment upon the(19)(19)Videatur quo{que} judicium Lucheri & Theologorum ad I. C. Witebergensium. Tom. 7, jenen. German. a pag. 384. ad 396. Vide pag. 15. of his Booke. verse, and then you will suppose that the Parliament holds the power to be in the people, and for this you quote foreign, one mans opinion, the Observator whether he holds so or no I know not, but the Parliament holds the power from God onelyonly, it may be the Parliament holds the presenting of a man unto that power in themselves, for God doth not now as he used to doe in the old Testament to present himselfe, so that accordingly who may appoint may—doth not the King appoint Judges, who are called Gods, and give them a(20)(20)But it is well known in France, that it is not lawfull for the King to give a writ of ease unto any officer of his Kingdome, unlesse the cause bee examined and approved of in the Councell of the Peeres. Writ of ease when they misbehave themselves.

In the tenth page you tell us, They by petitioning, and these words loyall subjects is an acknowledgement that there is no power above him; I must tell you in former times that the complement of our Predecessors with the p. 8Court, have lost many priviledges, for the Lords(21)(21)Sigebertus Chronicon, An. 662. That Kings of France used to have a Placitum or Parliament: for in that placitum was the whole councel of the Kingdom: his words are these, Francarum Regibus moru erat Kal. Mai… praesidere coram tota gente, & salutare & salutari, obsequia & & dona accipere. Which Cedrenus doth nigh explaine in as few words, foreign, That is, he saluted them, and they saluted him again: they gave him gifts, and he gave them gifts againe. Our King doth retain part of this custome: for upon New-yeares day hee gives ev…ry one of his Lords a peece of plate, and they give …o him againe: but perhaps some of these tim…s Divines, will say. This was a tho…sand yeares agoe. I will aske th…m if they doe not allow of that religion best, which agrees m…st with the primitive times? Well then, I pray you, why may not the exorbitances of K…ngs be… …educed u…to the primit…ve rule, as w…ll …s reli… was i… H…n. …he eights time: for sure Christian Religion wrongs no subject, nor warrants the excesse of Kings. But I beleeve this religion of theirs towards … Kings, will prove but superstition: for de facto when they have but one singular. The King of France, his government, they conclude universally that it is right for all Kings to governe so: for neither D…nmarke, Poland, Swethland, Hung… ry, Bohemia, Scotland, nor the King of Spa…ne, in Spaine, d…th governe so, yet if you observe our Divines, the m…re th…t the King hath exacted, the more they preach that hee may exact, by extolling his prerogative. I am afraid some of them have mistaken the S…ripture, which now both the King and we may rue. did use to sit covered when the King was present in the higher House; but to come to the businesse, better men when they come into inferiour Courts doe I think petition, I hope it hath happened many a time, that a Lord hath had occasion to petition a Bishop, though the Bishops place is below him: but I will give you another example, I hope there seem…s a greater disproportion betwixt a Jury and a Judge, then betwixt the King and the Parliament, yet the Jury will petition the Judge to receive the verdict when it is refused, though notwithstanding the Juries verdict must stand if they please, and the Judge must judge accordingly, so that indeed though it be otherwaies apparant to the vulgar, the Jury are the Judges, and the Judge bound to receive their verdict, for that of loyall subjects must needs follow a royall King.

In the eleventh and twelfth page I onelyonly finde one objection, and your answer which you doe not thinke it sufficient that that Chapter of the 13. of Romans, was onelyonly to such kinde of men, the preamble to my exposition of the 13. of the Romans will satisfie you further, to which you may have recourse too; besides this Text doth not forbid resistance, and I beleeve if it had been altogether unlawfull to have resisted tyrants, I perswade my selfe, Saint Paul being in Rome would not have omitted an expresse commandement, to have been obedient unto Emperours of what condition soever, I doe beleeve Nero would not have thought so ill of them, as he did when he suborned men to accuse the Christians for setting Rome on fire, when he fired the City himselfe; but I perswade my selfe, no primitive Divine will interpret that that higher power is ment the Emperour, as Doctor Ferne assumes in these pages, the Romans themselves were weary of this tyranny, as Tacitus and …uetonius will impart, but it had cost many a man his life in the resisting of them, for the Emperour had continually legionary souldiers in pay, yet for all their power, they could not stop all mens mouthes, for when Tyberius at the first came into the Senate, he begun in the Senate an oration dissemblingly, how that the charge was great which his Predecessor Augustus had left him, and how that halfe those dominions would be enough for him, whilst he was expecting more for his faigned modesty; there starts up a Senator, and askt him what halfe he would have, and bid him chuse which: Tyberius, never thankt him for, but Sir, for all your instancing of Caligula and Nero, they dyed as they lived like tyrants, for they were slaine by men who never were questioned for it, so odious they were unto all the world, that they rejoyced at their deaths.

So that we have runne over this great Section, wherein you promise much in the contents of it, and prove nothing; so that I conclude, it is lawfull for an inferiour Magistrate to resist a superiour Magistrate that abuses that power, or else he beares the sword in vaine.

Your third Section tells in the 15. page, That we would have the power originally in the people, and you bring us foreign, an Observator, I have told you before in answer to this objection, that it is denied that that power which is from God, which is obedience, or order, be in the people, but p. 9the faculty or power (as I may use your own word) of presenting a King unto that power is in the people, for I doe not thinke that you remember that God gave Kings unto any Nation, but to the Jewes, who were importunate with him for a King.

For the rest of your Section, let any man compare with the contents, and indeed all the rest, he shall finde them not to be the contents of your Sections, for you promise proofes, but where are they? and for the reassuming of power it is plaine, when we have the power of presenting; for God when he appointed Kings it was but conditionall, if David would doe thus and thus, he and his children should continue upon the Throne, for by him Kings did raigne; and I hope you will say he was the God of order and powers, before he gave them Kings, there was Supreme powers. So now the people presenting such a family, or such persons to be Kings for such an end▪ and if that end they will not seeke nor tend too, they cannot truly be said to be the medii or meanes to that end, and so no King: for in all offices there is a forfeiture, Judges are not exempted who are called Gods, and shew me where Kings are exempted. So that I conclude, it is most reasonable that that power which God hath ordained should be put into the hand of him that will execute that power, and since there must be a Judge of the person, who can bee better then the highest Court, the representative body of the Kingdome, for the Kingdome is a thing distinct from the King, for there may be Laesae majestatis, or treason committed against it as well as against the King, for(22)(22)Instit. tit. ult. Lex Julia majestatis, doth shew its power and vigour against those that commit any thing against the Emperor or Common-wealth: Ʋlpian defines a traitor Who is animated with an hostile minde against the Common-wealth and Prince. Likewise in the Saxon Laws, titulo tertio, who shall devise any thing against the Kingdom or King of France shall be executed. (23)(23)Paulus lib. Sent. v.Who shall consult with wizards concerning the health of the Prince, or the Common-wealths affaires, both the wizard that answers him, and also he that consults with him shall lose their lives. (24)(24)Scis mihi semper placuisse non rege solum, sed regno literari rempublicamCicero in Epi. ad brutum: You alwaies knew it was my desire that our Common-wealth should not onelyonly be freed from a King, but a Kingdom. And the same author tels you,(25)(25)Philip. 11. Si enim ad fuissem, non solum Regem, sed etiam regnum, de republica sustulissem. If I had been present I would not onelyonly have freed the Common-wealth of a King, but a Kingdome. There is nothing shews more plaine that there is a difference betwixt King and Kingdome, then the officers that belongs to them, for those officers that belongs to the King doe dye with him, as the Lord Steward of his houshold, the Master of his horse, the Chamberlaine and Treasurer of his houshold, but those that belong to the Kingdome doe continue, and have the name of the Kingdome added unto them, as the Lord Keeper of England, the Lord Chamberleyn of England, the Lord Marshall of England, the Lord Treasurer of England, the Lord Admirall of England: now the reason why these Officers are not changed with the King,(26)(26)Et cum antiquitus non à Rege, sed à populo eas dignitates acciperent; nempe ipsius morte aut mutatione desinebant, neque ipsius arbitrio abjudicabantur. because anciently these offices were bestowed by the Kingdome, and not by the King. This reason a learned French Lawyer gives concerning the Officers of their Kingdom, & it is well known how their Kingdom and ours have agreed in form of government: about a hundred years since, they had freer Parliaments then p. 10they have now, and as we have imitated them continually, so our Parliaments were in a way to be like theirs, but I hope God hath prevented it, for I must tell you plainly, we had better have no Parliaments at all then such as would have beene put upon us within these twenty yeares, for continually they have been broken up: the distaste that was taken at those Parliaments was not their tampering with Religion,Sub omnibus regibus haec lex fuit, ut populus in Comitiis magistratus crearet, leges scisceret, bella discerneret quemadmodum. Dion. Hali. lib. 2. Testatur. I finde the words to be these of Dion. Hali. foreign. unlesse you can perswade us that the standing upon our just liberties is against Religion, shew me where I pray you, that Christian Religion wrongs any Subject of his rights or liberties. You must give unto Cesar that which is one, but you will not give the Parliament that which is due, for one of your Rethoricall arguments is, a question that you put unto the people to disswade them from giving credit to them, you aske them, is the Parliament infallible as in your Preface, now we confesse it is not infallible, to answer the three and thirteth page, but yet I never knew that the Parliament willingly deceived the people, as we can prove the Kings Councell have done both wittingly and willingly, but I pray you Sir, if we should not beleeve the Parliament, who would you have us beleeve, him that pennes the Kings Declarations? I would willingly know what authority you have to binde our beliefes besides the Authours cunning Rethoricke, Aristotle is against you, who comparing a King, and the Councell of the Kingdome together, tells you,(27)(27)foreign. Lib. 3. polit. One may be overcome by anger or any other passion, and then it is necessary that his judgement be corrupted; but for a great Councell to be angry, and to erre all at once is not so common; but perhaps you will answer, that seven or eight have corrupted and infected them with their opinions, this is a poore shift, yet something you must say; to this I answer, the Kings Councell may be more easily corrupted, for I am sure they are fewer, for I doe not thinke that his Maj…sty hath eight score House of Commons men, or had ever together about him since this division; so that here is the greater number, and I thinke if any man should be perswaded that seven members of Parliament should infect so many wise and rich men in both Houses, I could wish hee were sent to Anticyra, to receive the cure of Hellebore, and so returne. Aristotle will tell you, if you please to reade him, when he compares a greater number with a lesse, unto (28)(28)foreign. Arist. lib. polit.a great quantity of water in which some few drops of foule water are dropt into it; yet they cannot corrupt the whole water.

Your fourth Section you begin with the old(29)(29)foreign. Crambe which I have answered twice, that we hold the power is in us of the 13. to the Romans, as any man may see by this Page, 18. and your 14. Page, but wee will not swallow your grosse bait, for I am sure it would kill us if wee should, but wheresoere we meet with it againe we shall passe it by.

In your 19. page you tell us, that gifts when given must not bee recalled againe, for many things which are all together in our disposing before wee part with them, are not afterwards in our power to recall, especially in such in which there redounds to God an interest by donation. These are your words. For that gifts cannot be taken away, especially where God hath an interest; this, if it please you, you might more fitly have urged it when that the kingdome and powers of obedience should have beene sought to bee p. 11ruinated: but I hope though I doe endow a Church with Lands and other utensils, the person may by Law (if he be deboist) bee thrust out of his Living, and yet I take nothing from the Church, unlesse it be some drunken and swearing Minister, which some corrupt Patron it is most likely hath given to God; but God will not accept of such gifts, neither can a kingdome be properly called a gift, it is foreign, a gift and no gift, if you examine it …right: there is a gift I confesse which cannot bee recalled againe, that is, when any thing is given to the use of the receiver; but so is not a Kingdome, for it is but received for the use of the giver, or rather the entruster, for he is indeed but a Steward, the wonder of Nature, Aristotle will tell you what he should be,(30)(30)foreign. Arist. 5. polit. foreign. Arist. lib. 5. polit. Iosep… in his Antiquities tells you, that the essaei men of the greatest religion thereof, the Jewes, and most observant of their King, he tels y…u that th…y would not have their Kings no not ex…ed in apparrell his subjects. That he ought not to be a Tyrant, but a Steward, and a King; and Stewards I hope are but ad placitum, and render an accompt, and not to convert it to their owne use, for he speakes thus much in the same place, that he ought to appeare to his subjects to bee a steward, and no alienator to his owne use, but to be content with a moderation of living, and not excesse; for indeed a King cannot give away(31)(31)Non licet Re…i Franciae urbe… alienare Ioh. Andr. in c. dilect. de Major. & obed. Ma… tin Laud in tract. 1. de confa…. quaest. 13. a City, much lesse a Kingdome. So the Civill Lawyers Baldus and Hosti…nsis, and Guide Papius, Praetor Parliamenti Daulphini; wee have had examples of that at home, for I pray you who will buy any Land that is holden of the Crowne?

That I may be more profitable to my Reader I will put my grounds into a method and order, which will contradict yours, and so by our grounds let them judge by Reason, to which you appeale too, page 13. for I will bring Reason it selfe, Aristotle, and some examples for his Rules, so that I make no doubt but I shall perswade some though they will not bee perswaded, so that your reiterated objections may bee referred unto the exposition of the 13. of the Romanes, or else to this place, for if I should answer them so oft as I finde them in the booke inculcated, I should give my Auditours(32)(32)foreign. Pindarus. eares a furfeit.

First of all I will set downe what Kings have beene, and what they should be, according to Aristotle, which authority I hope so long as Dr. Fearne lives in the University, I hope hee will admit of, unlesse hee can make it appeare that it contradicts Scripture, which I beleeve hee cannot doe.

Secondly, that they ought to be subject to accompt, that is, when they become Tyrants.

Thirdly, that his Oath is conditionall.

**Vide D. Ferne, pag. 20. 21.Fourthly, that no greater prerogative belong to successive kingdomes, then to elective.

Fifthly, that the person of a Tyrant ought to bee inferiour to the Law, which represents both King and Kingdome.

First of all Aristotle tells you that powers or magistracy(33)(33)foreign. l. 3. P. is the worke of good men, this is drawn out of the definition of all politick government. For (34)(34)foreign. Arist. Pol. l. 3.what governments doe respect the publicke good, those are just, but those that favours the good of their Rulers are unjust. Archbishop Eustathius tells us upon Homers Iliads 2. foreign p. 12foreign, hee must not bee one that must poll them, but a Shepherd which should feed them: can he be said to be(35)(35)foreign. Phil Jud. de crea. Princip. a Father of his country, that uses his subjects as his servants▪ or a shepherd; that feeds not his slocke, but pulls them? or a governour, who would make a losse of his peoples goods? no, but since they are called gods, they ought to imitate those heavenly bodies of the Planets, which bestow upon us gratis their light and quickning heat, and upon all things usefull for us: for Aristotle tels us,(36)(36)foreign. Lib. 3. pol. How from the benefit they received from them they set up Kings: for at first it was the unjustnesse of one man against another, that was the first founder of Kings, that he might be the dayes-man or umpeere betwixt party and party to decide their controversies; and afterwards upon the injustice of Kings towards men, were Lawes founded: for Aristotles essentiall difference or forme o… a King, is one man that governes foreign, according to the Law; and if you aske me what a King is, I will answer you thus,(37)(37)foreign. Ph… Jud. de vita Mosis. that the King is the Law speaking, and the Law is the silent King: and to speake the truth Buch: tels you, Dux Venetorum est verus Rex, the Duke of Venice is the true King, for that State is the**Arist. lib. 3. cap. 4. foreign▪ the best Kingdome, for so Aristotle speakes of Sparta, to which that of Venice doth most resemble, saving that Sparta was by succession. Such a King as I have described would the Poet Claudian have.

(38)(38)T…civem patrem{que} geras, tu cons…le cunctis, Nec tibi nec …ua…te maneant, sed publica vota. In commune jubes; si quid consesque …uendum, Primus jussa tibi, tunc observantior aequi. F…t populus nec fe…e negant cum vid…it ipsum. Auctorem parere sibi, componitur orbis. Regis adexemplum▪Be you a Citizen, and a Father too,

Not for your selfe, but for your Commons doe,

Let Commons votes, not your owne will beare sway;

Be't common good, whatsoe're you thinke or say;

First then command your selfe, and so you may

The Commons more observant have, for they

Never doe refuse subjection due,

When that they see your passions you subdue.

The Kings example all the world doth follow.

You see Claudians rule for a King; but there are some Kings that would be onelyonly borne for themselves; would rather throw this Crowne in the dirt (before they would governe by this rule approved of by all Authors) from whence no knowing man would be too hasty to take it up; for that King spoke not unfitly,(39)(39)Rex ille non inscite… dixerit coronam auream in capite Regis pulchram esse, sed plenam curarum quas qui noscent vix…è lu…o jacentem tollerent. That a Crowne of gold upon a Kings head was amiable, but withall so full of cares, that those that knew thus much would scarce take it up lying in durt. To such men as these I leave the Crowne, and now we will examine what kinde of men those are, who are unworthy of this Crowne.

In a word, they are tyrants, who striving to command their Parents, the Law, that begot them into this Kingdome, but how came this tyranny in, will you heare Buchan. speake?(40)(40)Adulatio tyrannidis nutricula. Flattery is the nurse of tyranny, and Aristotle tells you, foreign poli. lib. 5. They take pleasure therein, and therefore(41)(41)foreign. Arist. pol. 5. tyrants are lovers of bad men.

But how shall we know a tyrant from a King, Aristotle the greatest Counsellour to the greatest Monarch the world ever had, can best tell us, he gives them both these characters,(42)(42)foreign. Ethic. l. 8. c. 12. They diff…r very much, for the tyrant seeks his own profit, the King his subjects, for he is no King that is not content p. 13and aboundeth with all goodnesse and vertue.

Well, I will see whether reason will give me justice against a tyrant which the Doctor denies, suppose such a one as Caius Caligula, who wished(43)(43)foreign. Dion. Calig. that all the Romans had but one necke, and (44)(44)De juris quo{que} consultis quasi scientiam eorum omnem usum aboliturus saepe jact vit, se, me Hercule effectu…um, ne quid respondere possent praeter eum. Suetonius Calig.threatned the Lawyers that he would with one proclamation take away all their knowledge; but those(45)(45)foreign. D…on. Caligula. Romanes shewed that Emperour that he had but one necke, and they had many hands, surely the Lawyers would plead hard against him without a double fee, me thinkes I heare the Lawyer draw his breath with a sigh, and beginne with that golden sentence of Aristotle, (46)(46)Q… paret legi, paret Deo & legi, qui p…ret Principi, paret homini & bestiae. Buchan. de jure Regni apud Scotes.foreign, he that obeyes the Law, obeyes both God and the Law, but who obeyes a King, obeyes both man and beast, for ambition and passion blindes the Princes and best men, but the Law is without all passion, lib. 3. pol. which if you assist not, this Giant or this sonne of earth (a(47)(47)The Historian tells you, hee tooke the name of God upon him. foreign, Tyrannus non est Deus, sed Rex est Deus. Euseb. most ungodly god) will rob us of that heavenly blessing which governes both heaven and earth, foreign, the gods themselves are not governed without Law, according to the Poet Pindar, nor can they alter the adamantine book. O happy, and thrice happy were the times that Trajane lived in, who highly honoured such Counsellours as durst resolve this question,(48)(48)foreign. Plutar. Mora. fol. 780. Who shall governe the King? he answers, the Law, but saies he, There are many who thinke (but they are deceived) it their first and chiefest good is to be above government, &c. then he falls upon commendation of Trajanes words to the Captaine of the guard, foreign, Dion in Trajan, When he gave him (that was to be the Captaine of the guard) his sword of honour which the Captaine was to weare by his side, he first drew it, and brandished it, and said, Take this sword, and if I governe well use it for me, if ill, against me, so from opposing this most vertuous Prince unto the most vicious, the Lawyer tells them of Theodosius and Valentinian, who confesse themselves bound unto the Laws, upon this he urges how unworthy a thing it is, That these most just Princes should be subject to the Lawes, and most unjust tyrants should be sacrosancti, and free, when thats done, he tells them, that furious men who cannot rule the sword, nor themselves, ought to have it taken from them, and how Thrasiboulus thrust out the thirty tyrants out of Athens, and how the old Romans did with a generall consent expell their vitious Kings: then he pleads, à minori, that if the Law will give him satisfaction in the lesse, much more for a greater injury (and especially for the publicke good) hee tels them that justice was done him when he sued the King for a Farm, and recovered it, and though possession was kept against him perforce by the tenant for the King, yet he had a posse comitatus, upon which he raised the County, and so got possession: therefore if a King cannot injure a private man in his estate, much lesse can he murder him, or subvert the Lawes unpunished, especially when the injury will redound to the publicke,(49)(49)v…x credibile est, …t judicium daretur contra legem de praediolo, particidii, ven…fic…i, perduci…onis nullum judi…am d…ti posse. Bu…h. de jure r gni. if in lesser crimes such severity p. 14is used against Kings in such heynous crimes; so great licence nor impunity it is scarce credible would be granted, so that it is true which hath been said of old,(50)(50)Ut vetus dictum verum est, Telis aramearum leges similim…s esse, quae muscas detin…rent, animalia majora transmittunt. Buchan. The Pirat to Alexander, Quia id ego exiguo navig… faci…, latr… vocor, quia …u magna Classe, Imperator. foreign. Arist. 3. vel. 4. ca. 16. The Laws are like Spiders …i… which can detaine the poore little flie, but let the Camel passe through. Then he urges for the Law that made him King, that he might not ungratefully be the executioner(51)(51)That Emperour answered his Minion w…ll, that told him, Quicquid libet, licet, l…gibus reg…amus, & legibus vivimus. Wee reigne by the lawes, and wee will live according to them. of it.

After he hath breath'd himself a little, then he unbethinks him of a condition that he made with his Kingdome when he received it, and that by oath which he tooke at his Coronation, which was conditionall of his part that he should be thus and thus, and you may gather by Aristotle that those Kingdomes are more conditionall, which are received with an oath: an oath is a covenant, and when the covenant is broken, they that covenanted with the covenant breaker, are as free as they were before the covenant, he hath broke this oath, because he doth work as much as in him lieth in destroying the Laws, & so humane society would be destroyed, and so he is a tyrant, and a tyrant hath no right over any people, but is(52)(52)foreign. Philo Jud. de creat. princep. an enemy to his people, and warre with an enemy is most just. To confirme all which, a president or two is requisite, two of them domesticke and one forraine: Rich. 2. by unwilling willingnesse renounc't his Kingdome, and Henry the 4. was elected by Parliament his successor, the Archbishop of Canterbury placing him in his Throne, with a nunc vir dominabitur nobis, but the Parliament because they would give satisfaction unto all the world, there was two and thirty articles drawne up, and proved against him, which the whole Parliament did absolutely conclude to be a(53)(53)Articul. numero g nta duo &c. qui omnes viola…ionem juramenti reg… lis finaliter cōcludebant, & quoniam videbatur cunctis regni statibus super dictis articulis singillatim ac etiam communiter interrogatis quid illae causae criminu… erant sufficientes. Matth. Walsin. f. 359 What will some of our Clergy thinke? were all th…se Lords, Bishops, Abbots and Priors, in an errrour: for every one of them consented in Rich. 2. violation on the royall Oath, and all of them being askt joyntly and singly did unanimously consent, that there was crime enough against him to take his Kingdome from him. Grafton, fol. 643. tells us, that there were certaine articles agreed upon concerning Hen. 6. and the Duke of Yorke, and the Parliament agreed upon this, that if Henry the 6. would not observe those Articles, then he should forfeit his Kingdome: now the forreigne example. The Lawyer urges having begun a minori, that he may conclude with an Argument a majori, from the greater to the lesse.

The Pope is above most Kings, but he is subject to censure: Did not the Synod at Basil ordaine and establish, That the Pope should be subject to a Senat or Consistory of Priests? and to omit the rest, the Pope which is counted, the Bishop of Bishops, and is mounted above the pitch of highest Kings, with his Triple Crowne, is not exempted from punishment, not by his owne Canonists, a sort of men who are most addicted to him: now when they thought it absurd that God, for so they doe not doubt to call him, should be obnoxious to the censure of men; and likewise when they thought it unjust, that such wickednesse and hainous offences of any one should be unpunished, now whereby such wickednesse might be expiated, and yet the Pope be sacrosanctus and inviolable, they did conceive the Pope to be distinct from the person that bears the office, and they doe conceive that the Pope (whom they deny can erre) is not obnoxious to the examination of the Law, but the man that is the Pope, they doe confesse to bee subject both to the vices and the punishment thereof; but it p. 15would be long for mee to tell you what Popes or what men (that I may speake with them after their manner) that have borne the office of Pope, have beene compelled to forsweare their office, and some that have beene dead have beene digged out of their sepulchres, and throwne into Tyber; & lest this distinction of person from the Pope should seem somthing hard unto you, it is no other then Philosophy doth allow of, and ancient interpreters approve of, neither the illiterate common people that are ignorant in all disputations, are ignorant of this distinction; for the mechanicke Tradesmen doe thinke it a reproach to their profession, if either a Brewer or a Baker, or one of the family that preaches in the Tub, should be hanged for some villany or other, though it be a disgrace unto them, yet they would rejoyce to have their society purged of such kinde of men. Suppose the King himselfe should sit in judgement, and condemne his brother or kinsman, doth he not put on the person of a(54)(54)Doth not Plutarch tell us, that Haph…stion and Craterus- the one was foreign, the other foreign, the one loved the King, the other loved Alexander. In vita Alexand…▪ Judge? besides at any time when a felony is executed, he is not executed because he is John an Oakes, or Iohn of Stiles. This I thought good to urge overplus, that I might prevent all demurs, so that now I conceive this great Councell will restore us the Law, by punishing the offendor; one of the Judges conceiving the case to be plaine, yet fearing that force might overcome right, and that the Tyrants friends who now had the offices of power in their hands, would not want pretences to defend this Tyrant, before they would suffer themselves to be displaced and called to an accompt, so that he moved mee that I would cleare two points unto the people; the first, that hereditary Kings had no prerogative above elective, and since these crimes ought to be punished, who must be the Judge? for it was conceived by some he was above all; therefore to have no Judge. Upon these new rais'd points, which were meerly but pretences, I had time till the afternoon to consider of them, though I was confident that these were cavils, and the wiser sort could discerne them, yet considering the common people are led by example more then reason, I applyed my selfe to these two points.

And first of all I sought for some that were skilfull in Records, but could not meet with any, and for History from approved Authors, as they call them, I lookt for no assistance, because Tacitus tels me, that they are drawn away either with feare or envy, metu vel invidia trahuntur. And besides, if they affect truth about the Kings prerogative, they may chance follow truth so neere at her heeles, that shee may strike out their teeth. I pray you what was Cremutius Corbulo, was not his history burnt in Tiberius time, and he himselfe forced to dye by famine? onelyonly because he called Brutus and Cassius (libertatis Romanae vindices) ultimi Romanorum, the last of the Romans. I pray you inquire what Buchanan was banished for, was not he an Historian too? But to returne againe from whence I left: in the meane time I met with a young Schollar, a Sir politique would be, and he told me that I had a hard taske in hand, for to bring authority to prove my positions, for reasons I could bring none, because Aristotle that was(55)(55)Plato one time going into the S…hole, and Aristotle not being come, he… spake these words, foreign, Reason is not …ome y…▪ mens ipsa, was against my latter tenents, for he told me that the King was more then singulis major, foreign, that is, singulis & pluribus p. 16major, I was somewhat astonished at this, because I knew Aristotle was not to be refused; I asked the young Schollar if hee remembred the consequent words, or the precedent, but his memory seemed to faile therein, but he did beleeve I could get nothing for the publicke, (and he gave me a very probable reason) for he was Counsellor to the greatest Monarch in the world, and if I did he would burne his booke; for all that I sought the place, where I found his sophistry, and such satisfaction for my selfe, that I would enquire no further for reason, because I knew I should stop the mouthes of all ingenuous men, yet for that I thought there should bee no rule without an example, I furnished my selfe with some examples; so returning to the Counsell, the question was put, what I could say to take away his hereditary kingdome from him: I did deny his kingdome to bee hereditary, for no kingdome is(56)(56)Kings are said to succeed one another: they are called Successors, not heirs. hereditary, but onelyonly successive: for the taking of his kingdome from him, I told them my controversie was not with him for his kingdome, but onelyonly that he might bee punished for the violation of the Lawes, and his kingdome still remaine in its lustre: and since his progenitours were first elected, let him show how by what right, he hath gotten more then the first elected, for every one of them since hath taken a strict oath, to preserve the customes and priviledges of the kingdome. I doe not remember any thing in the oath for the preserving of his prerogative, nor can Aristotle tell you what his prerogative is, unlesse it be this meerly, to respect the common good, and(57)(57)foreign S. Chrysost. foreign. Kings must looke to the common good. S. Basil. neglect his owne profit, but if hee will plead his prerogative, hee must show his proofes: for sure no man holds an estate so sure, though hereditary, but he may forfeit either for his owne life, or for ever; for the King cannot dispose of any part of his kingdome, for so the Civill Lawyers do conclude, that the King of(58)(58)Natura regni Franciae, inquit, requit it, & exigit, ne de eo fiant testamenta, legata, & aliae dispositiones. Guliel. Benedictus, Recinucius I. C. France could not give away one towne of his kingdome without consent of his Parliament: all the difference that I can show betwixt succession and election, is this, that the one is by an old law, and the other by a new one; for when the(59)(59)Primogenitus Franciae non habet regnum à patre, sed ab ipsa regni lege & consuetudine. Johan. de Terra Rubea in quodam libro, quem intitulavit, Vinea Eccl. f. tract 1. q. 9. sonne claimes his right to the kingdome, by what I pray you? even by an old Law established, and upon this claime he is admitted, the old Law is approved of, and not a new one made, but for those that are to be(60)(60)The kingdome of France w…s elective untill the time of Charl…s the Great. Carolus Magnus testamento rel…quit, quod si silius cu…libet horum trium siliorum natus fuerit, quem populus eligere v lit, volumus ut consentiant patrui ipsius: Caroli Magni Testamentum apud Joh. Nauclerum & Hen-Mutium editum. elected a new law is made, the King made, both approved of, and he receives his kingdome all at once. For successive kingdomes were given unto one Family, onelyonly that wars and tumults might be eschewed in the Commonwealth, which we see oftentimes to happen in elective kingdomes; as in Hungary, Polonia, Bohemia, and the Empire of Germany, but now that Empire is successive, by reason of the inconvenience of election, by reason of potent competitors: therefore me thinkes it seemes uncredible, that for so great an honour bestowed upon one Family, that the heyres thereof should deale so ungratefully with us, as to assume more power to themselves, though for the most part lesse deserving, then their Ancestors, for whose virtues and the causes above rehearsed, they reigne over us; Aristotle knew this, and tells you truely the difference, where he preferres the elective before the successive King, hee numbring up a great many causes and accidents whereby a King is subject to lose his Crowne, he makes not this the least, p. 17because they are of one Family, and by that meanes not so accomplished as the rest that are chosen for their virtues; but you shall heare him speake in his owne words:(61)(61)foreign. Arist. l. 5. 10. Jn those kingdomes that are successive, this may bee added to the rest above numbred for one cause of their deposing, that Kings that come by succession many of them are subject to contempt, though they doe not usurp a tyrannicall government, yet they (not having desert in them) are a reproach unto the Royall Throne; so that his government is easily dissolved, for the good will of his subjects makes it a kingdome, but it is a (62)(62)foreign Rex, foreign Tyrannus. Xenophon Fol. 813. Polybius fol. 452. Xenophon lib. 3.tyranny when it is against their will. So Xenophon, and so Polybius will tell you, foreign, Lib. 6. Polyb. But if at any time they shall be displeased at the posterity of their Kings, then they presently goe to electing of Kings againe. And indeed to speake the truth, Aristotle preferres an elective kingdome before a successive, for hee preferres Carthage before that of Sparta, though their Kings were descended from Hercules. (62)(62)foreign. Ar. l. 2. 11.For it is better that Kings bee not by succession, but that they be choice men both for their virtues and gravity, for if unworthy men should have great command, they would doe great hurt, and that Sparta hath had experience of. But that I may come nearer home, and show you that both ours and our neighbour kingdomes themselves have followed(63)(63)Plutarch in Scylla tells us, that we would have the Dogges that are the best hunters, and not those that are begot of the best. Polybius, when they thought it convenient, for Populi salus suprema lex esto. It is well knowne that Arthur Gaufrides sonne, by all Historians had better right then King John unto the Crowne, yet the Lord Archbishop of Canterbury that was then, made an Oration in preferring Iohn before young Arthur for the kingdomes cause, though Speed pretend that Richard bequeathed his brother the kingdome, but from whence Speed had that I cannot devise; but of this and King Iohn more hereafter. But suppose a King should dye, and bequeath his kingdome to his eldest sonne, the son comes not in upon that title, sed ex lege & consuetudine, for Vitichindus Sax. lib. 2. tells us that when Henry the Emperour had designed that his sonne Oddo should succeed him in his kingdome of France, and when the kingdome had made him King, Episcopus Magontinus made an Oration unto the people, En, inquit, vobis adduco à domino Henrico olim designatum nunc vero à cunctis principibus Regem factum; for that opinion Rex nunquam moritur, I pray you doth there not happen many times an interregnum? may not the kingdome be without a King, but a King cannot be without a kingdome. Isocrates de pace tells you that a King is mortall, but a kingdome immortall. Sir Iohn Froissard tels you that there was a law made in France, that when they came to 14. yeares then they should bee crowned, and allegiance paid them: I hope then the interim was an interregnum, if allegiance were but to be paid them then. Many examples I could give you whereby the French have put by their naturall Successor, and when they did it they would have told you they might doe it; then Populi salus suprema lex esto, was of force.

Now I am come to my proofe of my last clause, that a kingdome is above(64)(64)For otherwise there is nothing above the King; because hee is Lex loquem, the speaking law. a Tyrant or a King when hee breakes the lawes: I must here wonder with Buchanan, That (65)(65)Quod autem ad l…g…m Regium atattinet, qualis illa fuerit, quando, à quo, quibus verbis lata, nec ipsi jurisperiti expediunt, Regibus enim Romanis nunquam potest…s fuit, quippe à quibus provocatio ad populum.Law which concernes the Kings themselves, what is it, and by whom enacted, neither can the Lawyers themselves resolve, p. 18the Romane Kings never had that power, for from them there was an appeale (66)(66)Seneca lib. Epist. 19. Scribit se ex Cicerone de Republica. Libris decidisse, provocationem ad populum etiam à regibus fuisse.to the people. We will examine what the French Story can afford us, since that government is so much affected; I conceive it is Lex talionis to be judged by their examples, which hath beene but of late times within this 100. 200. or 300. yeares, for since these times I am perswaded their Parliaments are so farre short of their ancient authority, that they are not equall with those liberties they have had (by reason of the encroachment of their Kings)**Joh. de terra Rubra in those times 1371. a famous Lawyer, sub finem Tractatus, scribit his verbis, Si alicui regi superiorem non recongnoscendi dandus esset coadjutor illius adsumtio & institutio, pertinet ad tres Status regni quod superiorem non habet, ut est negnum Franciae. for by the French Story it will easily appeare that they are inferiour unto their Parliaments; Did not the Nobility rise against Lewis the 11. of France for the publicke good, that they might demonstrate perforce unto the King the miserable estate of the Commonwealth. The summe of their request was, that the three Estates might meet, and when they did meet, there was chosen 12. out of every State by the Parliament, so that there was 36. chosen in all to (67)(67)The Historians, that this history is gather…d out of, are Philip. de Com. …h…. …. N. Gullius. in…st… …552. …inus in vita e…s… …udow Monstr…us: Oliverius …amarcius Belga. Hist. cap. 35.reforme the grievances of that kingdome, and the King promised his faith that he would ratifie whatsoever those 36. should present to him, but Lewis the 11. broke his faith, which was the cause of the warre that continued 13. yeares afterwards, and so the perjury of the King, with his owne infamy and the destruction of the people was expiated. I must tell you this King was neither weake in body nor minde, for hee was but about some forty, and for his naturall parts surpassed all the Kings of France. To make the controversie appeare more plaine,(68)(68)Dissidio inter Rogem Ludovicum …j… & Carolum ipsius fratrem exorto, Concilium publicum indictum est Turones, ad Kalendas Decemb. quo in Concilio decretum est, ut Rex fratri suo Apa…agii nomine Duca…um aliquem cederet insuper Rex ex suo …isco 60. libellarum mill…n quotannis ei adnumeranda curaret, Chron. Brit…. Amor. Commemo…at. lib, 4, fol. …00. There was a difference betweene this Lewis and Charles his brother 1468. upon which the Parliament did decree that the King should give some Dutchy which did not belong to the Crowne, besides they did decree that the King should pay him yearly out of his owne treasure a great summe of money.

(69)(69)Thomas Walsingham.Gas…o de Beirna 1275. was besieged by Edward King of England, Gasco appeales to the Parliament, and Edward would not detract it, but did commit it to his officers, lest he should (if he had detracted it) made the French King (to whom he had lately done homage for some land hee held there) a party against him, but that which makes this case most perspicuous, is that of(70)(70)In this all the …nd. Hi…torians ag… as well as Eng… … lib, …. Claudius Seysellus-M…ff…liensis Archiepiscopus, in a Book, the title of which is, The French Monarchy, affirmes, that both the King was present in that Parliament, Therefore it is manifest, that the power of the Parliament is above the power of the King out of his Parliament. Edward 3. and Philip of France 1328. the contention arising betwixt them two for the Kingdome of France, they both of them submitted themselves unto the censure of the Parliament of that Kingdome, the Parliament judged the Kingdome to Philip, neither did King Edward detract that judgement, he paying of him homage for Aquitane a few yeares after.

But of all the institutions of Countries, there is none so memorable as that of the Spaniards, who when they create their Kings in the publick Councell of Arragon, and that it may be the better remembred, they present a man, upon whom they place this inscription, jus Arragonicum, whom they doe publickly decree to be greater, and more powerfull then the King: when that is done, they speake to their King (being created upon certaine lawes and conditions) in these words which wee will produce, because they will shew a notable and singular stoutnesse of that Nation in curbing their Kings, NOS QƲE VALEMOS TANTO COME VOS Y PODEMOS MAS QVE VOS, ELEGIMOS …, CON EST AS Y EST AS CONDITIONES, INTRA VOS p. 19Y NOS VN QVEMANDA MAS QVE VOS, We that are as great, as you are, and are of more power than you, have chosen you our King upon these and these conditions, betwixt you and us, there is (71)(71)Meaning the superscribed man.one that is of more power than you. The examples are infinite that the French have made of their Kings, and their Kings children, so that I will instance no more then I have done, for these testimonies are the more to be noted and observed, because they doe clearly demonstrate that the chiefe right and arbiterment hath beene in the people, not onelyonly of chusing Kings, but also of refusing, and repulsing the sonnes of their dead Kings, and chusing others in their roomes.

The Lawyers now expecting the day, there starts up one, and puts into the Court, a quare impedit, for which his reason was,**Fleta, an old Lawyer, speakes plaine enough concerning our King and Parliament, he hath been quoted in their declaration that though these things have been thus and thus, yet the fact doth not prove the consequence that they ought to be done: the Lawyer presently replide that this caveat of his might not be approved of, being most rediculous, which conceives that a whole Kingdome should not judge better of that which they have made so often triall of, then this man or that man; if the reason of many might be brought into question by this man or that mans opinion, I would put this question to him to prove by reason (being no more indemonstrable then the other question) that man is reasonable if he would give me an answer, I thinke he could have no other proofe that this is, or that is to be reason, then the generall consent and approvement of this and that society; but since the beginning of the world there hath nothing been so absurd, but it hath found one patron. I do wonder what government this objector would have in the world, if that most voices might not prevaile: doth not the Divine thinke his controversie the strongest when he hath most Fathers with them, or the civill Lawyer when he pleads, doth not he carry it when he quotes the most Authours? All that can be said by them is, the King will not admit of it for reason, and perhaps they will say the Kingdome is a party as well as the King, and therefore a bystander may see more; if a bystander may see more, I will bring him in, and he shall bee no other then a King, (mistake mee not, I meane a King of reason) it is Aristotle, who was greatest with the greatest Monarch. The King must (72)(72)foreign. Lib. 3. vel 5. polit.neither kill nor banish, no not for a time, nor in any one particular must he domineere. [For it is not fit the part should be above the whole.] Neither hath wise Aristotle, foreign, Who dipt his pen in reason, left the King without a commanding strength over his disobedient subjects, nor the Kingdome unfortified from encroaching Kings, he writes thus,(73)(73)foreign. l. 3. pol▪ There remaines one question concerning his strength, whether a King ought to have any whereby he may compell his disobedient subjects to obey him, ruling according to the Law, or after what manner he shall execute his office, although he be a just Prince, and doth not prefer his will above the Law, yet it is necessary that he have power by which he may protect the Lawes, it is quickly resolved of, and not difficult to determine what power such a King should have, his power ought to be more then any one private mans or more, yet lesse then the Kingdomes. So that if Aristotle speake truth, upon whom all humane knowledge is built on, you cannot deny this conclusion, p. 20that the King out of his Courts hath a Superiour which is the Law the King in the Court, so that I wonder more and more, that these kinde of men can maintaine there can belong any government so long as this tenent is maintained that a King is not answerable for his misgovernment, and that we must wait Gods justice and providence,(74)(74)foreign. Evile Kings reign by the cowardlinesse of their subjects: neither must wee thinke so of providence, that wee must thinke our selves nothing. Plotinus in Theodoret de providentia Dei. fol. 98. and we must in the mean time stand like the man in Esop; who when his cart stuck fast in the durt, he did nothing but pray to Jupiter, that he would pull his cart out of the durt for him, but he had answer made, Jupiter would not helpe him without he would helpe himselfe, and after he put too his helping hand, then he had his praier granted. O that men would seriously consider, that a more pernitious tenent to the Kings themselves cannot be hatched, for the subject will**foreign. Arist. Rhe. l. 7 continually be suspitious of their Princes, and so will never love them truly, so long as Kings nourish their Basilisks, for what more hopes can we have of Kings then of Popes, without God would by his extraordinary meanes enlighten them? we have read into what exorbitances Popes (though grave and learned men) have runne unto, by reason they bolstered up themselves by this tenent of being unanswerable to none but God, till at last they were reduced to censure by the counsell of Basil, all that can be pretended in reason why we should not resist evill Princes is because that civill warres will follow, and so there will be greater bloudshed; I answer them thus, we doe usually remember evills better then benefits, for the one is written in marble, the other in sand. It happens so sometimes, but sure I am, that after their removalls the next three or foure successors will be more cautelous, and so will their friends be that shall take their parts: Caligula and Nero dyed without revenge, and in good time, or else I thinke they would not have left a Roman Senatour: observe but the Princes that succeeded Nero, untill you come to Domitian, and you shall finde the Romans were not weary of them, and likewise after Domitian againe; but here my penne shall stop,(75)(75)Tyrannicarum crudelitatum exempla. Astulphus in Officina. Hist. lib. 3. cap. 6. and we will leave the Lawyer in good hopes to get the cause against the tyrant, for if the Councell will not judge, yet the tyrant will judge himselfe, for when he is judged by the Law, he is judged by his owne word, for by his word and will it was made when he was King, but if this will not serve, his Law bookes the Lawyer will burne, and he will never study more unlesse in the Court.

At the length we are come to the fifth Section, for what passes betwixt the 19. page in the last Sect…on, and the 24. page of this, runnes upon the old score of your new grounds you give us, but in this page you seem to produce some antiquity, and he being all the Authours that I have observed you have quoted, excepting Scripture; surely you urge him for Scripture, and if it should be so, you will gaine nothing by him: But Sir, the respect I have to the Church, I will not tell the rude multitude what Tertullian was, but(76)(76)Pamaelius in vita Tertulliani. Pamelius shall tell you, Ob errores in quos inciderit, inter Apocrypha numeratur—excommunicatum fuisse per papam: —Contra ecclesiam scripsisse, St. Hieronimus testatur, —ad Montani haeretici partes defecit fortasse quoniam repulsam passus est in obtinendo Episcopatu Carthaginensi. After this preamble, we will come to the question, your words are these, Tertul. in p. 21his Apol. saies, the Christians had number and force sufficient to withstand, but they have no warrant. I wonder much where you finde this sense, I will not affirm a negative, because I have not read over the Apology, but in my glancing to looke for that quotation, I perswade my selfe I found the place which you have given a larger interpretation, then those words will beare, for he saies in the page 182. that if they would resist, the Christians dispersi orbis in all the wide world were as many as the Tauri, or the Turcomanni, now I conceive by this place that the Christians were not able to resist the Tauri or Turcomanni, for what head could dispersed Christians(77)(77)T…rtullian lived in the Emperour Severus his time. The ye…re of our Lord 200. throughout the world make against an united force, but he tells you, That the wrongs done to a divine society should not bee expiated with the sword, —or they should not grieve to suffer in miseries wherin they are approved, and saith he, Si inimicos jubemur diligere quem habemus odisse, if we be bound to love our enemies, whom have we to hate, and then he concludes, Sed apud istam disciplinam magis occidi licet, quam occidere, but saith he, it is more lawfull for our Religion to be kil'd, then to kill; I professe I neither understand Latin nor English, if that you can gather by these words of Tertullian, that it is unlawfull for to resist in point of Religion, and though it were not, yet Tertullian doth not speake home to us, for our war is in defence of our just liberties; and as I have told you oft, Christian Religion takes away no mans right, and commands no more than a due unto Cesar: But to returne againe unto Tertullian, for by those words I meane to prove that it is not unlawfull to kill in defence of Religion, for sure Tertullian knew his degrees of comparison,(78)(78)Circa factiones infamabantur. Apol. ad gent. and that when he saies if it be more lawfull to be kil'd, surely then it is lawfull for to kill, without for your owne advantage you will say Tertullian spoke improperly here, who uses so much Rethoricke in all other places; in our English tongue when we say we may doe this thing more lawfully, then that, we doe not expresse the other to be unlawfull, and that you may the better conceive that Tertullian spoke Rhetorically, you must know what taske he had in hand in that place, it was that he might cleare the Christians from most fowle aspersions, (87) [For being seditious in the Commonwealth. [(79)(79)Circa m…j…statem Imperatoris infamabantur. Epist▪ ad Scap…lam. For seeking to kill the Emperour.] In his Apology for them, he told them that the Christians were no affecters of that which they affected, which was money and delights they tooke pleasure in, so that they might not shun the Christian society, since they would not rob them of those things they took pleasure in, but that his Rhetorick may be the more seen, you must remember what I told you before,(80)(80)Ne debeat pati, in qua probatur Religio. Apol. ad gent. 182. That Religion should not thinke much to suffer in misery, in which they were approved and thereby increased, for when he writes to Scapula, who was Proconsul of Africk, and President of Carthage, he exhorts him to dissemble with the Emperour, and not to execute his commands, being the execution of the Christians, and he gives him(81)(81)Quanti autem praesides & constantiores, & crudeliores dissimilaverunt ab ejusmodi causis. the examples of foure or five that did equivocate in executing those kinde of commands, he bids him not foreign to fight against God in obeying those commands, at the length he closes his Epistle thus,(82)(82)Magistrum neminem habemus, nisi solum Deum, hic autem est, nec abscondi potest, sed cui nihil feceris, caeterú quos tu putas tibi magistros, homines sunt & ipsi morituri quandoque. Tertul, in Epist. ad Scapulam. We have no Master but God alone, he it is that cannot be hid, yet you cannot reach him, but those whom you thinke to be your Masters, they are p. 22men, and they must dye at one time or other. But I will conclude with another mans censure of Tertullian, (83)(83)Nec enim ea mihi mens est, quae Tertulliano Africano olim fuit, qui licet magni ingenii vir, & juris Divini atque humani scientillimus tamen & acrior in Romanum Pontificem fuit, & liberior etiam in principes ausus, cum de Pilato loqueretur acerbius in universum pronunciare. Gallofranci Epist. pag. 405. being in the third volume of Goldastus de Imperio.Neither am J of that minde that Tertullian the African was on, who though a man of much wit, and most skilfull in divine and humane Law, notwithstanding hee was too fierce against the Bishop of Rome, and when he speakes of Pilate, he speakes with too much liberty and bitternasse against Princes in generall.

After all this I must tell you plainly, I doe not beleeve that the primitive Divines held such Tenents as is started up in these few years in England concerning Kings; surely if they had spoken for your purpose, I am perswaded the Parliament should have heard of them before this, but Sir I doe beleeve that if the Fathers and primitive Divines were well observed (as they ought to be) by those Divines that are for the King and Parliament, I make no doubt but they would finde in them and the Ecclesiasticall Story such satisfaction as all your modest men would blush at; and since I have said thus much, I am bound to instance: What thinke you of Plotinus and Theodoret? who quotes these words of Plot…nus, who lived about the time, as I take it, of Tertullian, Anno Christi, 239. in his Treatise entituled, Of the Providence of God: (84)(84)foreign. Theod. de providentia Dei. Fol 98.Evill men reigne by reason of the cowardlinesse of their subjects, wee ought not to thinke so of the providence as that we should thinke our selves nothing. In the yeare of our Lord 300. Dioclesian and Maximilian being Emperours, Nicephorus Callistius tels us of a Nobleman that was in high authority, who when he saw an ungodly Proclamation of the Emperours proclaimed by reading in the City of Nicomedia, (85)(85)foreign. Fol. 445.he being strengthned with a godly zeale, and his heart inflamed, he tooke downe that ungodly and wicked Proclamation, being set up in the midst of the City, which he cut and tore into small pieces, and this was done when the Kings were both in the City. The same Author tells you another story, being 17. yeares after this, 317. how the Emperour Licinius (86)(86)foreign▪ Fol. 510.did intend suddenly to besiege those Christians that were his owne subjects, supposing that Constantine would be grieved that the Christian Religion should suffer, for Licinius knew that they prayed for him in their Churches, and that they sought to be governed by Constantine. Afterwards he tells you the end of Licinius, how he(87)(87)foreign, Fol. 512. was put to the sword by Constantine. The Author adding this, how hee suffered as other Tyrants did before him.

In the same Author you shall reade how that the Christians(88)(88)foreign suffering unsufferablie under the King of Persia, they sled to Rome for succour, and how Atticus then Bishop of Rome did obtaine of Theodosius being then in the East, about Constantinople, aide for them, so that when the King of Persia did require by his Ambassadours his fugitive Christian subjects, hee had this answer returned,(89)(89)foreign. Nicephorus Calistius. fol. 479. That they did not onelyonly protect them because they were suppliants, but they were ready to defend them, and no wayes to see them suffer for their Religion, it being the same with theirs.

Till I come to the 26. page you weave still in the old loomes which I have proved to be rotten, but here is a new complaint, Must the King trust and not be trusted? It seemes you doe not care for what is past, that lookes onelyonly at the present times; I pray you hath he not beene trusted? I will produce you some witnesses. At the beginning of his reigne Master p. 23Walter Long, Master Valentine, and another or two more shall bee my witnesses, who were soundly fined in the Starchamber, and committed, what(90)(90)The King of England can exact no tribute without consent of the three Estates. Philip. de Com. lib. 4. (91)(91)Neque rex per s…, aut ministros suos, tallagia, subsidia, aut q…aevis alia onera imponit legiis suis, aut leges eorum mutat, vel novas condit, sine concessione vel assensu totius regni sui in Parliamento expresso. In a book entituled, A learned commendation written by a Lord Chancellot of England. But I d…sire you to read the cap. 18. hist. 5. of Philip de Com. which because it is too l…rge for the margin…, I have placed at the end of the Book.taxes came upon the subject since that time? that I am perswaded there would have beene shortly (Vespasians) bonu odor lucri ex re qualibet. Now for the Parliament that preceeded this, some three yeares since master Belleasses and Sir John Hotham were imprisoned onelyonly because that they said, the Countrey that they served for would not onelyonly have Shipmoney taken from them, but other impositions, as Conduct money, &c. They were sent for to know what witnesse they had, that the Countrey gave them such instructions, to say so much in their name, and because they could not produce their witnesses, they were committed for faultring. My Lord Say, my Lord Brooks, and master Hambden will witnesse how much the priviledge of Parliaments was encroached on. After all this men were committed for denying of Conduct money, and I doe not think but the Petition of Right is against the raising of moneyes as they have beene raised. Did not old Monopolies come up under new names? I wonder what Lawes can secure us (without the old Counsell be made examplar) o… protec… the seven members of Parliament, and the rest of the members that have not deserted their Country in forsaking them. Well, if the King should conquer us, perhaps there would not be wanting a Cremutius Corbulo who shall stile them in our History, Vltimi Anglorum, The last of the English; but Si… if the King should be trusted, unlesse the Parliament can provide for themselves with conditions, shall these Parliament men have any credit in their Countries? no, they shall not be so much as a Justice of the Peace: shall they have any thing unlesse the Kings frowne? No, but you will tell m… that they shall have and enjoy a pardon. My Lord(93)(93)My Lord S… sho…ld have beene Lord Tresurer, and Mr. P m either Master of the Court of Wards, or else Chancellor of the Exchequer. It was reported that my Lord Mandevil, Mr. Hambden, Mr. Hollis, should have been preferred at the beginning of the Parliament, but now they shall be preferred to a— Tempora mutantur nos & mutam…r in illis. Say, and Master Pim, and the rest will be well requited with it, that might have had better offices then they have, but they were not so greedy to swallow the bait, I am perswaded if they had, they would have gone neare to have cast it up before this time. I know you answer presently, These men belike then looke for rewards and countenance. Though they doe deserve them, I doe not thinke they expresse thus much. Truly I am perswaded that some of the Parliament men (that many scandall how that they make not this stir for nothing) would forgoe the offices they have, and which their deserts may justly expect, upon this(94)(94)When Nero had promised a great summe of money to him that would bring him Julius Vindex his head; foreign. Dion. in Nerone. condition like Julius Vindex, that those that have made this combustion may lose their offices and their expectations. I must acknowledge that Virtus est virtutis praemium, yet I doubt that that alone will encourage men hereafter to doe what master Hambden did in the case of Shipmoney, or others to speake boldly against the corrupt officers of all the Courts; who presently foreseeing the storme runnes to the King, importuning and perswading the good and virtuous King with long stories, that they seeke to depose him, and faine a griefe for his cause when it is their owne. At length they overcome him to make this Civill Warre (which is most barbarous.) Oh we had been happy, and thrice happy, if he had answered them as K. Cleomenes did the Ambassadours of Samos, who desiring him in a long and tedious Oration to assist them in a Civill Warre, he answers thus,(95)(95)foreign. Plut. Mor. fo. 223. The p. 24beginning of your Oration J forgot, so that I understand not the middle of it, but your conclusion for warre J utterly dislike. But now since these unnaturall Armes are taken up, and if the Country should abandon the Parliament, by desiring an untimely, unequall, and unkinde peace, the Judges will finde Law (out of the same Chapter of their Booke, being the next to the last) to hang the seven Members, and perhaps the number will be doubled, for the Kings Councell will plead then, sure how that these men have corrupted the representative body of the Kingdome, and so the Kingdome was brought into danger, for they did goe about to subvert the Lawes, by punishing the offenders against them, and tooke away the property of every mans estate by taking away Monopolies; and brought the kingdome into warre by setling the Militia, which was the onelyonly way to have prevented it, and preserved our Lawes, if it had beene duly observed: the Countrey was forewarned, and might have beene forearmed in time, but both their purses and lives must pay for it, for ought I see, unlesse they will unanimously agree to be directed by the Parliament, for that is the onelyonly way to procure peace in truth, for the other peace which is now promoted, (because they see the Parliament able to defend themselves) it is either by men that doe not love the Parliament, or else by such who are sensuall, onelyonly looke at the present, but care not what may ensue hereafter. For surely if peace should be admitted on, but upon very good tearmes, our second state would be worse then our first; for this must be supposed whensoever Armes are laid downe, (though upon an Act of Oblivion) the King will have power to discountenance those men that he doth not affect; and sure his Counsell & his Souldiers (to whom he cannot but lend a gracious eare by reason of these engagements) will be alwayes working with him to put that power into act; and we have had experience how easily man is tempted to things that seeme pleasant, (Revenge is sweet) now since his Majesty cannot acquit himselfe of those men that are about him, the readiest way to procure firme peace, and lesse dishonourable, rebus sic stantibus, both for King and Parliament, for to force those Vipers which the King cannot if he would, shake off his royall hand, or else from their contempt other men hereafter will learne to undervalue Parliaments.

In the same page, being the 26. you answer to an objection that many may see more then one: True, first conscience should have demanded satisfaction, why should a hundred in the house of Commons see more then three hundred? or twenty in the Lords House more then sixty that are of different judgement, and withdrawne? Well Sir, I see you have read some Rhetoricke,(96)(96)Isocrates said that Rhetorick was foreign: Non tu p…us cernis, sed plus temerarius audes. To make great things little, and little things great: I pray you Sir when was there but a hundred in the House of Commons, and three hundred withdrawne of different judgement? if you would but name them, the Country sure would never choose them againe. Besides all those men that are of different judgements, and withdrawne, as you tearme them, of the house of Commons, I doe not thinke that you can number fifty of them that concurre and are active for the King: for the number of the Lords which you say are sixty withdrawne of different judgements, how doe you know that? for there was not above forty subscribed at Yorke, and all of them p. 25not Higher House men: but you may know of a greater number from the Kings Declaration to his subjects of Scotland, for that will confesse of eight score in the House of Commons; and I doe not thinke that you can name ten of them that was of your three hundred withdrawne: but I beleeve if you will allow of eight score in the House, you must needs allow of a great many to be imployed by them, what in the Army, and what in the Country. But Sir to end this discourse, belike you have read that of Cato, (97)(97)foreign. Plutarch.To make great things little, and when they are little then to make nothing of them.

In your 28. page, you enter not this discourse to cast the least blemish upon Parliaments. To this Sir I will give an answer that you shall not complain on: I hope there is none so stupid that will judge by my proving it is lawfull to resist unlawfull actions by the great Councell of the kingdome, vim vi repellere, whether they be commanded by the King or any other power, and that it is lawfull for the kingdome to depose a Tyrant: I hope there is none will apply the latter part, that of a Tyrant, unto our King, if they doe so, liberabo animam meam, I doe not, nor I hope I shall ever think so, though I shall prove him in the offensive part, to which the Parliament makes a lawfull resistance: for my Law Case I have put it in so high a nature, that it cannot be resembled to him; for God forbid that any should make a parallell of our King with such a one as Caligula was: but my law Case was onelyonly to conclude contradictorily to the Doctors Tenents in his booke, or whosoever they are that hold such monstrous Tenents, that a monster of men, a Tyrant, shall not be answerable unto those hee hath wronged: yet for all that, all Doctors are not of one opinion; I beleeve it will not be denyed but there is another doctrine preached here; and when you shall aske them for Gods immediate warrant, as the old Prophets had, to declare so against Kings, they may answer you, Where are Kings made now immediately from God, as they were then, when such immediate Warrants were given?

But I will close this discourse with my wishes that the King and Parliament would turne all these jarres into a(98)(98)foreign. Pindar. concord, which would make a true foreign, and that his Majesties wealth and happinesse hereafter may blot out all these afflictions and sorrowes.

(99)(99)Pindar. foreign. Ode 1.foreign—

foreign—

foreign—

foreign.

In your 29. page,(100)(100)In Ric. 2. time When all was referred to the rule and disposing of the 12. Peeres, how long lasted it? and what security had the State by it? Sir, I must answer you, that the Parliament at that time trusted the Kings royall word, for the accepting of the advice of those 12. Peeres, and certaine other conditions, and so disbanded their forces: but Sir there was a malignant Councell then, which would never let Richard the second alone, till they had undone him. You must know that Richard the second beset the Parliament with 4000. Archers, and you must know this of Aristotle (1)(1)foreign. Ar. l. 5. c. 12. pol.That for the most part tyrannicall government is but of short continuance, p. 26In the same place you will tell us how this resistance is accompanied with the evills of Civill Warre: for that, let them looke to it that fight in a wrong cause.

In the same place you tell us, The Law is silenced, the property and liberty of the Subject everywhere invaded. Aristotle tels us,(2)(2)foreign. Arist. de mech. The truth cannot be knowne without the cause. I pray you who complaines against the Parliament, but those that are a party? and who were the abettors of the first plundering? I pray you was it not begunne in Yorkshire? Alderman Hoyly and another Yorkshire Gentleman will tell you, they were first plundered: the Parliament did declare upon it to the kingdome. Well, I see your side would plunder, and not be plundered; and I pray you who stopt the first legall proceedings? how chance the delinquents would not appeare when they were arrested according to the old forme, but the Messenger was beaten after a new fashion, and**Though the malignant conceive the protection of the King above the Parliament, yet the French will tell you that the King cannot forgive either criminall or capitall, without authority of Parliament. In hoc regno, inquit Boerius, criminosus deferens literas remissionis, bol tionis, sive pardonii, debet in carcerari & suas literas offerre Parliamento. committed at Yorke? and when this was, the Parliament had not strucke one stroke yet, but their ordinary Summons were contemned, as if they had beene no Parliament, which will be in despight of them foreign. Let us examine a little further, and we shall finde that the first armes that were taken from any private men, the King tooke them from Yorkshire men that were with him at Hull; for when some would serve no longer▪ they were forced to leave their Armes behinde them. Since these passages, the Parliament hath disarmed such as they conceive to be their enemies, which is good in the law of Armes, for this law was first set up by the Kings party. I pray you what(3)(3)Read the judgement of Salomon, and you w…ll presently discerne who h…th loved the Countrey truly. Townes have they left destitute of a piece of bread? as that at Brainford; or used their prisoners so barbarously. I am sure the Parliament forces are lesse terrible into what country soever they come. I pray you what did the University suffer? what Schollers Studie did they offer to search when they were there? Well, to be briefe with you, since the delinquents have contemned the sword in the sheath, they are grievous(4)(4)Quasi argumentum esset juste irascendi, graviter irasci, Sen. de ira. angry that it should be drawne; and when they have altered the ordinary and peaceable forme of proceeding, you exclaime against them for using of an unusuall forme, for to preserve the old forme hereafter. Dion the Historian tels us, that(5)(5)foreign. Dion. Hal. 2. businesse must wait to be transacted according to the opportunity of the times, for opportunities doe not wait upon businesse. And whosoever shall complaine of this, he doth deny them equity: for no man need doubt but what wrong the Parliament hath done any man in these manner of proceedings, but when the times shall be setled, they will make satisfaction, no doubt but the moneyes will be restored which they have taken from some suspitious persons, when it shall appeare that it was not provided for to foment this war. Iason tels you that(6)(6)foreign. Plutarch. a little unjustice ought to be done, so that it may be the meanes to obtaine a great deale of justice. And what in the meane time(7)(7)Omne mag…ū exemplum aliquid trahit ex iniquo, sed quod contra singulos utilitate publica rependitur. Tacitus some peculiar men doe suffer by these proceedings, yet the publicke will gaine by it.

In your 30. page, you put us in minde of the oath of Supremacy, Allegigiance, the Protestation: all which is that I should confesse the King to bee supreme in all causes as well Ecclesiasticall as Civill; so I doe, you may see now by this, that the King and the Law are one and the same thing, p. 27for in all Courts the Law is supreme; so that you must not have two supremes, nay the Judge who represents the Kings person, cannot command the Jury, nay the case may happen, that the supreme Judge, or Lord chiefe Justice may be censured by the other Judges assistants in his own Court: But to come a little nearer to our matter, we must suppose the King to be in his Court of Parliament, Camden calls the Parliament(8)(8)Parliamentum vocatur praesentia Regis. Cambden Clarenceaux in his Britan. the presence of the King, for the King I conceive is there, for hath he not made an act, by the continuance whereof, businesse might be transacted, and can his private word undoe what he hath done? I would put this case to you, if you should have a judgment under seal of a Court, & the Judge afterward in his chamber retracts what he hath done, you would presently tell him, that you have the Judge under seale, & let him speak his pleasure, you would not give eare to him as a Judge, for sure when that oath was imposed first, it did alwaies conceive that what the King did in causes it should be Law, but in case it should happen otherwaies; still you may appeale whither? to the King in his Courts and in no place else, for there the Supremacy is exprest, and the highest Court you can goe too is the Parliament, the King doth assure you that by an act; I would have him shew me where the Kings supremacy is at this time in all causes as well Ecclesiasticall as Civill, if not in his Parliament, for all other Courts are subject to it by appeale whatsoever the cause be: for the oath of Allegiance, I conceive it requires no other answer, for they doe looke more especially at Papists, so that I must make this conclusion, I doe acknowledge the King supreme when I acknowledge or obey the law that is made by him, unlesse you can perswade me that a man may cancell his bond when hee pleases to speake the word: For the Protestation, I conceive every man is bound to yeeld his assistance as he conceives, whether the Kingdome will be in more danger by this meanes or that meanes.

In your 6. Section you come to matter of fact, you say your principles were examined by Scripture and reason, I have followed your method, for in the first place I urged Scripture, and after that humane story for to prove my reason, it is your owne method, for in your 13. page you say, now let us trie what reason can inforce; in this last Section, as I have said before, you come to matters of fact, and as you say page 33. These admit the judgement of sense, and are cleared by what we heare and see, which judgement of sense is not so easily captivated by an implicite faith, as that of reason is, it is true, Aristotle warrants it,(9)(9)foreign. Arist. phys. 88. it is a weaknesse to seek reasons, and flie sense, yet both your sense and mine may be captivated, if this be not our proper object.

In page 34. you tell us, it was premised at the beginning that such a resistance should be omnibus ordinibus regni consentientibus, you might have premised thus, if you would in the beginning of this Parliament, unlesse you conceive an act of Parliament to be void in Law, that excluded them the House before the vote passed for this resistance, yet if you will beleeve a modern Writer in Print, who presents unto us an old monument concerning Parliaments, though the Bishops should be wanting, yet the Parliament is a Parliament still:(10)(10)Rex est caput, & principium & finis parliamenti, & ita non habet parem in suo gradu, & sic ex Rege solo primus gradus est, secundus gradus est ex Archiepiscopis & Episcopis, tertius gradus est ex Abbatibus & Prioribus per Baronium tenentibus; quartus gradus est ex Comitibus, quintus ex militibus comitatuum, sextus gradus est de Civibus & Burgensibus; & ita est Parliamentum ex sex gradibus, sed sciendum licet aliquis dictorum quinque graduum post regem absens fuerit: tum tamen omnes praemoniti fuerint per rationales summonitiones, parliamentum nihilominus censetur esse plenum. The King is the head, the beginning and the end of the Parliament, and so hath no Peer in his degree, and so of the King alone p. 28is the first degree. The second degree is of Archbishops, and Bishops. The third degree is of Lord Abbats, and Lord Priors. The fourth degree is of Earles. The fifth of Knights of the Shire. The sixt of Burgesses of Cities and Townes, and so the Parliament is of six degrees, but thus much is to be knowne, that although any of these five degrees (after the Kings degree) should be absent, and having been fairly summoned, yet notwithstanding for all that, the Parliament is to be esteemed a full Parliament. The same Authour beleeves that the Parliament hath beene of a longer continuance then we commonly imagine, for he speaks of it before William the Conquerers time.

In the 35. page, you aske, did they all unanimously as one man consent unto it? Conscience cannot be so convinced, that there is such an efficacy in the place, as to make a few the whole, or their agreement to be the judgement of the whole Kingdom, &c. that unanimous consent which must be in the case of resistance. This is a meere cavill, what if some things passed by a few upon the place, those are as firme in point of Law, as if there had beene a negative voice; are not some things many a time offered in your Regent house, which would not passe before, and though it passe but there by a voice, is no more questioned, otherwise you would proceed in infinitum? suppose that somethings have beene passed by a few upon the place, yet that, that there was warre intended, and rais'd against the Parliament, to which resistance was necessary, I am perswaded you will finde but few upon the place dissented: for the Bill of the Militia, it was voted before this time twelvemonth, and if that was carried but by a few, yet it was the major part, and I hope you will not argue therefore the Commission of Aray must be obeyed; no but perhaps you will say they may be indifferent, I must tell you, then they deserved to suffer ill on both sides, that cannot be touched with the calamities of neither, Misericordia in malos, est injuria in bonos, for that indifferency is cruell, when we suffer those to be murdered whom we conceive to have the better cause, and especially when our selves are concerned in it, for there is no man but in his conscience is inclined more to one side than to another.

But if the law and custome of the place must not alwaies prevaile with you in every place, we will trie what reason can inforce by Aristotle, (11)(11)foreign. Arist. polit. l. 4. c. 8.Whatsoever seems good to the most in all governments, whether in Oligarchie, Aristocracie, Democracie, whatsoever seems good to the major part of those that are intrusted with the government, that is ratifide.

In the 36. page, Who were in armes first? He that can number the succession of weeks and months in his Almanacke may decide this, he shall finde that armed men were thrust into Hull, the Kings Army seazed against his will, the Militia set up, and by that the Kings subjects drawne into Armes before the King, for the proofe of all this you produce no witnesse, I know the reason.

I confesse, if I doe not perswade the contrary, I have done very little to our present case; you have touched an old sore the businesse of Hull, which I will search to the bottome, & will shew the prochatartike cause (with the leave of the Physitians.) Did you never hear of Mr. Percy, Mr. faithlesse Gowring, Sir John Suckling, and Mr. Henry Germin, how they did intend to bring up a Northerne army, and Mr. Gowring, if you will beleeve p. 29him whom your side still reposeth trust in, tells you, whom they made(12)(12)If this plot had taken, farewell all liberty and rights of the subjects. acquainted with it, hinc lachrimae: I wonder what you complain'd of the Parliament then, before that project, it was then no doubt the feare of the Court, that we should recover our old Laws againe by punishing the delinquents.) Well, what did the Parliament doe, or the City either, after they escaped this scouring? Did they take up armes which they might justly have done, no, they did not, they proceeded in their old forme, and presented unto his Majesty humbly the condition the Kingdome was in, and therefore necessary to have the Kingdome put into a Militia, and that the Irish Army might be disbanded, which was 8000. whereof 7000. were Papists, but these had no(13)(13)The answer why the Irish Army should not bee dismissed, was because so long as the Scotch Army staid here, they ought not to bee dismissed. successe at Court, which if it had, they had prevented I beleeve all these mischiefes in both Kingdomes, for both these things were made above halfe a yeare that the Irish broke out into rebellion, or the Militia made an ordinance; but when the malignants and evill counsellours saw that the Parliament did desire the Militia, and disarming of the Papists, or else they could have no security, which they had cause to doubt of, by reason of many discourtesies that were put upon(14)(14)The denying of them a guard to wait upon them, for which there was reason, because they had cō racted, they knew the hatred of a strong party against them: for it is well knowne before they had a guard, how Justice Howard was stabbed with a knife in Westminster-hall, and how the Prentices came, the house never sent for them. But because it may bee imagined that one or two men might stirre them up to come as they did, This is made a scandall of the whole House which consists of hundreds of men. Besides, after the denying the Parliament a guard, did not the King come to the house with hundreds of the Parliaments enemies? them; so that there was no way but a plain refusall of their desires, but before it should come to that, they advise very cunningly, that his Majesty should fortifie the Town of Hull, where a great(15)(15)Part of which Armes was taken from the trained Bands against their wills▪ the rest belonged to the kingdoms store, as I beleeve. Magazine of Armes lay, the King sent forthwith to Hull, to take possession of the Towne, the Towne refused to give possession, the Parliament after this offers to get possession of the Towne, that they might prevent any army that might come from the north again, the Towne had it in their choice, which they would accept of, at length upon deliberation, they admit of Sir John Hotham (16)(16)Though Sir Iohn Hotham be put into Hull, to bee governour thereof, and the Parliament breake up, the King should send unto him to deliver his place to one that would keep it for the same use, for the good of the kingdome, yet if Sir Iohn Hotham should deny to resigne bis Captainship, hee did it not without example. Iohn Stow tells you in Henry 6. that upon some ill friends Richard Earle of Warwicke had at the Court, King Henry 6. made the Duke of Somerset Captaine of Cales, and sent his priv … seale to the Earle of Warwicke, to resigne his Captainship of Cales; but the Earle refused to obey, answering, hee was put in by the Parliament, and so continued in his office.for to keepe the Towne for the safety of the Kingdome, and it was then declared by them against Papists and forraigne forces, and now I am perswaded that the Papists which are now in Yorkeshire would willingly keep Hull if they could get it: for the King? if you please so to answer me, but I am sure it would not be for the good of the Kingdome; now Sir, if your Almanacke be not calculated for the Meridian onelyonly where you live, but for Hull, it will quickly certifie you thus much, I will put this case unto you concerning Hull it selfe, (and we will make a mentall abstraction of the true cause of this provision, which was the bringing up of the Northerne Army, and still the frownes of the King upon them, and other mens practises.)

If you sue first for a house, and when I see you have begunne your sute, then I contend for it, I get quiet possession, and that by order of the highest Court, you would thrust me out perforce illegally, for not the lowest Court did warrant that appearance against Hull onelyonly the doore is shut against you, who is the defendant now, or where is the liberty of the subject? if they may not admit of men into their houses, Sir John and his company, when it was warranted by the highest Court, neither is this act of any more hostility, being meerly to put a garrison into this Towne; surely then it is at Portsmouth or Plimmoth, who have had garrisons in them this long time, and containes themselves within their Townes, for the Militia set up, and in your 38. page you say, we shall finde to be his power p. 30of armes, and ordering the Militia of the Kingdome: I will answer both these two places at once, that is, the Parliament did set forth a booke the last Summer, wherein if my memory faile me not much, they shewed that it was once disposed of by act of Parliament, and I pray you, if it were once disposed of by act, how comes it to bee solely in the King with out another act? because the King hath been trusted the performance of many things which are not contrary to the Law, therefore must he lay a claime to them; for sure it is without reason, that any man whatsoever, and his posterity should be trusted both with all the Laws and Arms too, for God knows, his Successors may prove, it is not impossible, but may be worse then any forraigne enemy:(17)(17)foreign. Phil. Jud. Legis Al…eg. lib. 2. A Tyrant let him be called a King of war, but a King a Prince of peace. Aristotle writes another matter, that the Militia must be in the people, but suppose there should be a Statute for the Commission of Aray, to put it in execution, the authority I conceive should issue out of some Court or other; now all acts and processes comming out of any inferiour Court must for the time cease and give place (18)(18)In what other Court might the seven members bee tried in, I pray you, legally, if all acts & processes might be stopt elswh…r? Well, if justice may not be granted to them in Parliament, what might these men hope for hereafter?to the Parliament. Thus much King Henry the eight, told the Parliament that his learned Counsell informed him Fox Martyr Fo 956 Lin. 40. Now let us come to the matter of fact, the Militia was made an ordinance, but when, even then, when the King had divided himselfe from his Parliament, for it was declared, when he had many times refused it, and he was in his journey Northwards, by which it was apparant what would ensue: well when they saw how the Kingdome was in imminent danger, no pretended one, they foresaw the Papists would rise, and so made it an ordinance, but the execution of it was deferred till a long while after, which leads me to the last clause of your 36. page. That subscription for Plate, Money, Horse, that listing of Souldiers for the field, and appointing of Officers of the Army were begun upon their part before his Majesty did the like, foreign, Pind. There are witnesses abundance to decide this controversie betwixt us; whether doe you thinke there was not an intention and preparation for War, when the Queen conveid all the Jewells of the Crown with her, and as report goes offered them for pledge, & are panned; you see now the sinews of War was provided, that a ship that was driven a shore at Hull, loaden with ammunition, was that provided on a sudden? Let us now come to the listing of souldiers for the field, had not the King above a thousand horse and foot, before the Parliament listed one man, or subscrib'd for moneyes? For the truth of these things, I put my selfe upon my tryall of God, and the Country of Yorkeshire; but you may give me an equivocate answer if you please, and tell me that he had most of them only as a guard for his person; this was but a meer pretence, as it as it appears now, yet since people will say, it was no pretence. thence I wil tell them that of Agusicles, (19)(19)foreign. Plut. Mor. fol. 208.who being askt how a man might rule safely without a guard for his person? He answers them, very easily, if he rul'd them as (20)(20)foreign. Xenophon.fathers rul'd their children, now let all the world judge whether this warre be offensive of the Parliament or no, no, it is not so much as defensive against his person, for I am perswaded there is not p. 31one man in England thinkes in his conscience, but his Majesty may come to London with his Royall Traine, but I will leave this point to the Reader, to be better satisfied in the Kings, and in the Parliaments Declarations, you may know what you will gaine by asserting such Tenents as these, even this,(21)(21)foreign, Laertius in vita Aristotelis, fol. 118. That when you speake Truth, you will not be beleeved.

Page 38. To speake the Truth, Religion and Liberties, can be no other then pretences of this warre, the King has fortifyed them so with many acts of grace passed this Parliament, that they cannot be in that danger, which is pretended for the raising of this war, it must be something that his Majesty does indeed deny, for which the contention is raised, his power of ordering the Militia, his power of denying in Parliament, his disposing of the offices of State, & such like, Also the Government of the Church, and the Revenue of it, in the three former, he challenges his Right as his Predecessours had; the other he is bound by Oath to maintaine, as by Law they are established.

Sir you know foreign, those many acts of grace hath been passed for the(22)(22)Against Starre-chamber, High Commission, and for the Trieniall Parliament. most part with A Le Roy Auisera; and I am perswaded though those Acts be good for the Subjects, yet I perswade my selfe, the King will not willingly honour their care and industry, that was most busie about them, but I pray you what fortification can these Lawes be more, than the others was unto the Subject, unlesse the offenders against the old Laws be punished?(23)(23)foreign. Thucid. lib. 3. Thucidides tels us, Tbat no Law can k…ep men from offending, neither privately nor publickely. Aristotle, that Touchstone for Reason, Lib. 5. c. 8.(24)(24)foreign. That no good doth redownd to us by having good Lawes Enacted, and not obeyed, but that we must thinke, the onelyonly use of the Law is, That the Lawes enacted should be obeyed. So that I feare (without the King out of his commiseration towards good men, (that they suffer not hereafter) give up the delinquents to be punished) they will not be such strong Forts, but the Courtiers may batter them;(25)(25)The denying of the Militia, and the Officers of State, I have spoken of before For his power in denying in Parliament, I conceive that hath beene sufficiently cleared by the Declarations on both sides, about quas vulgus Eligerit, for the construction of which, They brought good Authority: and if they could have produced none, yet very Reason would collect so much out of the Oath, for there is care taken in the Oath without all exception for things that are past; and forsooth, they would not take care for the electing of new Lawes, which would concerne them as much as these that were already enacted; for nothing is more subject to mutation than Lawes, upon many circumstances that happen; So that questionlesse, the rest of the clauses being so strict, that this clause, Quas vulgus eligerit, must needs have relation to the future.

The Government of the Church, and the Revenues of it, which he is bound by Oath to maintaine. That is, against the injuries of private men; I doe not conceive him more bound, to defend them by his Oath, than the rest of the Lawes enacted, any of which, when the Kingdomes desires should be abrogated, I hope is done without perjury, have not we seene many indulgences taken from the Church, as paying of Subsidies, and the like? Yet perjury is not imputed to the King, unlesse you will impute it to the p. 32Kingdome too, for they must be accessary, but Sir, to deale plainely with you, it may be when he argues so much for the Church, it most concernes his Prerogative, as you call it, Aristotle will tell you something, that there are some men that looke one way to the Church, and another way to(26)(26)foreign, &c. Pol. lib. 5. cap. 11. themselves, for I must tell you, so long as the Bishops have beene in the House since Hen. 8. time, Some of them have studyed through ambition the Kings Prerogative, which the Rest must not refuse, but consent unto without the tearme of ungratefulnesse, because they were the Kings Creatures, Sed non fuit sic ab initio. For in former times, They were the best Common-wealths men the Kingdome had, when they were not so much obliged unto the(27)(27)The true cause of which is the Kings presenting them, w^ch the King got by an act of late times, but it was otherwise before Hen. 8. time, for who was so much against Rich. 2. as the Arch-bishop of Canterbury, or Rich. 2. as the Bishop of Ely. King; I have onelyonly one wish to wish, next to the just uniting of the King and Parliament, that Bishops might be elected by their Clergy, as the Primitive Bishops were, nor their meanes not one jot impaired, but rather increased, for how shall they be hospitable upon Welsh Bishoprickes, and a great many English ones? Therefore in this respect, I could wish that none but single men might be chosen into them, being of yeares, so that in all probability they would not marry then, and the greatest occasion of covetousnesse would be taken away thereby, and single life, according to Saint Paul, would be more honorable, if his Majesty and the Parliament would be pleased to consent to this, The Clergies election of their Bishops: The King would not be suspected for his love towards the Clergy, nor the Parliament heare ill of all Schollars, which are deserving men. For if the Bishoprickes should be taken away, because some of the present Bishops have beene instruments to inslave us, by this Argument all Parsonages should be taken away, because some of them are delinquents: and so our Posterity may suffer, but quid meruere Troes, yet if there be no other remedy to secure our just Liberties, which I must confesse I cannot foresee by an Enthusiasticke Spirit, or Histories that are past, (I must preferre the good of the whole Kingdome before them,) I would here speake with the Poet,

—Scelera ista nefasque,

Hâc mercede placent—

And in the meane time, the Heires may petition the King and Parliament, that for their forefathers pious affections towards the Church, they may not suffer, since their peculiar intention for the good of the Church, is otherwaies construed in these times, that then according to the common(23)(23)There is a Writ called Contra formam Collationis. intention both of their dead Parents, and all Law and right; that the Church Lands may descend unto them; Here Doctor, I do conceive I shake hands with you, and all Sententious Divines, for those I except that love Repetitions in all places but Pauls, who by reason of their ignorance in the Fathers, and Ecclesiasticall Story, would forbid others to learne them, Scientia nullum habet inimicum praeter ignorantem.

Page 39. Was the managing of this warre on their parts, whether so void of Acts of Hostility, as that defensive way should be which they pretend too of Davids? — He offered no act of violence to Saul, but still withdrew from him. The Speare indeed and the Cruse David tooke away from the King, to shew Abners neglect. You say in your 9. Page, If replyed, Now they intend not hurt to p. 33the Kings person; Yet might not they as well have hurt his Person in the day of Battaile as the rest? I have answered this place before, where I found it urged in the beginning of your Booke; So that I will onelyonly adde two things; They shewed Abners neglect, by many petitions unto his Majesty, whereby they desired him not to put confidence in those kinde of Servants for a warre; Besides, if Saul had descended into the Battaile, he might have(29)(29)1 Sam. 26.11.1 Sam 26:11 perished: and I pray you who can helpe it, if his Majesty will put himselfe into danger, when there is no place of the Kingdome else but his Royall person may be safe in? for the(30)(30)When David restored those things to Saul, he might better hope to procure his safety so, than with a few Souldiers, in respect of Saul encamped against him. Speare and the Cruse, no doubt but they will restore them, when they can conceive by doing so, the King will be reconciled with them likewise, for upon these conditions they have proffered often, what they have(31)(31)What priviledges of Parli. are taken from us now? yet in all this time, we must not complaine of what hath been taken from us against old Lawes, and they thinke us very unreasonable, that we will not be contented with new Laws without the punishment of the offenders against the old ones: if Law would serve the turne, the Petition of Right, will take away all Monopolies and Shipmony, with other Taxes: Well, perhaps these men will tell us that we have a Parliament granted to us by the King in an Act; yet how much do they value this Parliament? taken away; but if these conditions should not be kept, Davids example forbids them not, to flye to his enemies.

It seemes they are men that would be loath to suffer for their Religion, they are so ready to flye to Armes, Page 41. There are a great many before the Parliament beganne have suffered (who will tell you) for their Religion, let us give every man their due. But I conceive these Armes are not onelyonly taken up by the Parliament for Religion, as for the vindicating of the Laws, and for their security in way of defence.

Page 42. You tell us That our feares and jealousies are raised upon reports of Foraine Force to be brought in, of resorts of Papists to his Majesty, his intercepting of meanes sent for the reliefe of Ireland, from whence the good people, by their good Teachers are made to beleeve, that he meanes to enslave his people. All which you Answer, as Michael the Arch-angell did the Devill, The Lord rebuke thee. What you tearme feares and jealousies, five for one will call provident cares, for you write page 37. Well neare ten Tribes of twelve of us have revolted, I am very glad they were scandalled in this point, which displeaseth you, or else I am afraid, you would have laughed at them by this, if they should have feared nothing, but what you would allowed on for just, but howsoever jealousies are not absurd, which were grounded probably; There hath beene foraine Armes and Horses intercepted, and Letters which tell us of three Regiments may be expected out of France, upon occasion: For the resort of Papists to his Majesty, what thinke you now? is there not a pretty summe of them in Yorkeshire up in Armes? I desire you tell me whether any could grant a Commission for them to take Armes, being against the Kings and the Kingdomes consent in an Act? but you have got men will blow away this Act with Gunpowder, and whilest we are pleading of it, you will answer us as Caesar did(32)(32)foreign. Plut. in Caesar. Metellus, who told Caesar that he could not take the Treasury, but against Law, his reply was, That when the warres were done, he might pleade then the Law and Accuse him. In the meane time you tell us he may justly make use of them, and you instance in Davids entertaining false Ziba, page 43. Your similitude doth not quadrare, I beleeve, that entertainement was against no Act of his owne formerly passed. No, He would not reverse the sentence formerly pronounced against him, as you acknowledge, page p. 3443. This was a Royall word, whose onelyonly property, is constancy. To deale plainely with you, It had not beene so dangerous to England, if so many Danes were here in Armes; So that now we have all feares, but no jealousie left us; but yet by the providence of God, it may be we have not shut the doore altogether so late as you would have had us, for sure if any where then in a Kingdome, Nimia cautela non nocet.

His intercepting of meanes from Ireland. I beleeve the Papists in Ireland will tell you they fight not against the King, but against his Parliament. You doe confesse that the King hath beene an hinderance to the Irish proceedings in your 44. Page, The necessity his Majesty was driven to is sufficiently knowne, and might excuse him in taking his owne where be meetes with it, and drawing it from his occasions abroad, to that which more nearely concerned him at home. We should not perhaps have beleeved this, unlesse you had spoken it, I should doe you wrong, if I should not give your reasons for it. When his Armes, Monies, and (necessary page 40.) provisions are seised on, where ever they be found. All this we deny, for what is stopped, is only stopped from that Army which hath too much, for so the poore people will tell you; if the Kingdome should suffer provisions to goe under the name of his Necessary provisions, all provisions would goe under that name; for in no Country of England, as yet, where the King hath beene, but he hath found necessary provision for his Royall Traine. Nay, I must tell you of his Royall Train, if that the expences grow too great, I beleeve the Parliament wil tell you that their Predecessors have displac'd superfluous Officers, and lessened the Kings expence; the Kingdome of France uses this power over their French (33)(33)Rationales sumpius illos Regios, si inconsulii facti videntur, …ercent: Clau. Scyse… lius Archiepis. Turinq. in libro de Lege Salica.King. But it is time for me to turne over a new leafe, I will onelyonly answer that of The Lord Rebuke thee, privately with this of Pindar:

— A —

foreign—

foreign—

Page 43. If there be any foraine aide towards the King, it will be as just for him to use them against Subjects now in Armes, as it was unjust in the Barons to call in the French against their naturall King. I hope I may have a writ of errour to reverse your judgement: For King John was not their naturall King, all Historians(34)(34)Matthew Westmin. Paulus Aemilius, Polydor, Virgill, and others. will tell you, that Arthur the Sonne of his elder brother, was Dominus Naturalis, and how he got the Kingdome by deceit and way of preoccupation. The Arch-bishop of Canterbury knew this very well, who commended him, which afterwards he repented of. I know what Speed tels you, That Richard left him this Kingdome by Legacy, which cannot be so disposed of; Besides, it may be doubted from whence Speed knew so much, for Matthew Westm. tels us how he was condemned, and sentence pronounced against him by Hugh Putsey Bishop of Duresme, (for seeking the Kingdome in his Brother King Richards time, and from him) and so he was uncapable of the Crowne; besides, when after he was made King, Matthew Westminst. tels you, Regnum suum forisfecit, for he had beene in the Popes Court for murthering Arthur, his p. 35eldest Brothers Sonne; Now King John being of this disposition, he would not keepe his faith with his Subjects which he promised them, but so he might win the Pope on his side, and to take off the Excommunication he was in, he gave the Kingdome to the Pope, to hold it of him: for the Pope before had exhorted the King of France to aide the Subjects against his oppressions, but now he was entertained on the other side; and absolved King John from keeping of his Covenants with his Subjects then King John got an Army in Yorkeshire, he tortures(35)(35)Pecunia a quovis exquisitis tormentis extorqueretur, afflictione magna afflicta est Anglia, dum Nobilium mulieres ludibrio traderentur, domus combirerentur, Sylvae succiderentur, terrae alienis donarentur, Mat. Wes. men for their money, exposes Noble mens Wives to shame, cuts downe their Woods, and gives away their Lands: but I have not spoken all, till I tell you this, how he(36)(36)foreign Tyrants are Lyons at home, and Foxes abroad, Plut. in Sylla. sent to the King of Morocco to hold his Kingdome of him, and change his Christian Religion, which he held but vaine, so be it the King would but assist him, but his message was rejected with disdaine, after he understood that he was an oppressour of his(37)(37)This story was taken from the Embassadours owne mouthes when they returned, Matthaeo audiente qui haec scripsit. Matth. Paris, fol. 224. vel 324. Subjects.

Now whether such a King as this was, might not be resisted by the Barons, who at the first they(38)(38)For at the first the Country rose against him; untill he had pleased them with better promises of him which trust of theirs he deceived. Mat. Wes. called in no foraine Force, untill hee had broken his trust, after they had committed themselves solely unto him unarmed, I leave this to every man to judge(39)(39)Item nullus Rex vel princeps potest dare Regnum suum sine consensu Baronum suorum, qui tenentur Regnum defendere: Et Papa hunc errorent tueri allecturus novae ambitionis cupiditate, exemplū dabit omnibus Regnis perniciosum. Mat. Wes. of: and I doe not thinke though you thinke it unjustice, yet you are pleased that it was done; for if publike resistance should not be lawfull in such a case, the tyranny of Kings would grow infinite, by which all civill societie would be destroyed, for the wicked part would cut off the better: without doubt God never established tyranny so, that humane societie should be destroyed; therefore God doth not forbid us to resist, excepting tyrants who shall command any mans life at pleasure. Now Sir let all the world judge whether they be Bolts or Arrowes that you shot against our Barons: A tyrant King John was, I prove him (by our lydius lapis of reason:) Whosoever (40)(40)foreign, Arist. Pol. Lib. 5.reignes perforce or fraud, he is a tyrant, and the Scripture(41)(41)Judg. 3.8. Judg. 4.16.Judg 3:8Judg 4:16 gives us example of freeing our selves from them: but if you should not allow of this, Doctor, there is a necessitie(42)(42)Necesse est ut probes, quae non sinis vindicari. Bu, de ju. reg. you must approve of those wickednesses which you would not have punished.(43)(43)foreign: Dion in Cal. Valerius Asiaticus is much applauded, for his wish, that he had beene one that had kild Caligula: But here is too much of King John. Now I come to the dangerous consequence, wherein you say it is as just for the King, as it was unjust in them. Surely Doctor, this is a weake Argument, to prove that it is just in the one, because it is unjust in the other; none but Tyrants will bring in Forraine force(44)(44)foreign, Arist. lib. 5. pol. A Kings guard is of his Subjects, but a Tyrants is of strangers: and in another place, their (45)(45)foreign, Arist. Lib. 3. Poli.guard is of the Citizens, but the Tyrants guard is against his Citizens: and to speake the truth, he is truely(46)(46)foreign. guarded who is guarded with the affection of his Subjects.

In the same pa. 43. I joyne with you in your wishes, that the Lord would open the Queenes eyes; but I except against your addition, this is not the way to draw her to it, if she look in the doctrines and practises of these times, she is not like to fall in love with it. What Religion then is it likely shee may love in your conceit, surely this can be no hinderance to withdraw her to ours, p. 36unlesse it produceth rarer examples against Kings then her owne, which hath deposed many Kings themselves, onelyonly we professe to depose the Souldiers and Monopolizers from reigning over us, and when all of your side shall out-face the Countrey that I have not answered one clause of yours, perhaps they will blush at this.

If her Majestie will be pleased but to remember or acquaint her selfe with the Roman story, she will finde there more than a resistance; did not Gregory 1. in the priviledge of the Monastery of Sancti Medardi threaten the deposing of all Kings that should violate that priviledge? Gregory the second excommunicated the Emperour Leo, and deprived him of his Tribute; Pope Zach. did depose Childericke King of France, and in his stead did cause Pipin should succeed, who was the father of Charles the great, Leo the third translated the Grecian Empire to the Romans; Gregory the fift caused that the Emperour of Germany should be elected by the seven Electors of Germany, which continues till this day. Gregory the seventh did depose Henry the fourth, Emperour. Innocent the third did in like manner depose Otho the fourth, Emperour: Innocent the fourth in a Councell at Leyden Parisi. deposed Fredericke the second, Emperour. Clemens the sixt first of all excommunicated Lew is the fourth, and afterwards made him lose his Empire; here are examples enough though I have not numbred all: So that I will onelyonly present one story of Theopompus his wife, Ʋpbraiding her husband (when he had admitted the (47)(47)Plato writes that these Ephori, were a bridle unto the Kings, by whose Authority and counsel Kings governed the Commonwealth. And Plutarch writes that these Ephori would cast their King upon occasion into prison.Ephorito governe with him) that he would leave the kingdome (48)(48)foreign. Arist. lib. 5. cap. 11. Polit.lesse unto his Children, than he received it of his father: (he answered his wife) I leave it so much the more durable and firmer: in the same place the foreign or Ipse dixit tells you, that those Kingdomes whose(49)(49)foreign. &c. …ib. 5. cap. 11. governments are more moderate are of longer continuance; he instances in the Kingdome of the Molossi and of Sparta, which Aristotle calls foreign. But nearer and more homebred examples may be presented to their Majesties, that of their kingdome of Scotland and of Denmarke, which by reason of the moderation of government are the antientest of all the Kingdomes in Europe. The kingdome of Scotland as Buchan. writes hath continued above 2000. yeares in one Family, whereas England, Spaine, and France have often gone from one Family unto another; so that I hope when her sacred Majestie shall consider of these things thus, she will not repine (since it is well knowne of his Majesties conjugall affection towards her) if he shall blesse us with his love as his children, for so indeed we ought to bee, I doubt not but God will blesse such a blessing with a better Kingdome.

Now at the Length I am come to a ne plus ultra, without I should traverse the same grounds I have run over; for your three last sheets are spun Spider-like from your owne bowells, and the three principles in your first Section, which will never make a Demonstration, because they are not true; but Sir that I may go roundly to worke with you, and end where we begun, in your Frontispeece I finde these words, Also that the shedding of blood in the pursuit of this resistance is murder; I have looked from your second Section where you begun the proofes, unto the end, & I do not find p. 37that you make any such conclusion; no, you do not so much as name this word: For I must tell you, I have groped for it like a Needle in a bottle of hay but it wil not prick my fingers, nor let no man look for it, for though the hay will make a great smoake, yet it will not burne cleare; and indeed whosoever shall looke for the great contents in your little booke, will looke for more then they will finde; so that I will tell you a story of Diogenes, (50)(50)foreign. Laert. de vita Diogenis.Who when he saw the great gates and the little Citie of Minda, he bid the Citizens shut the gates lest the Citie should goe out of them.

— Amphora caepit

Institui, currente Rota cur unceus exit?

FINIS.