The serpent salve, or, A remedie for the biting of an aspe wherein the observators grounds are discussed and plainly discovered to be unsound, seditious, not warranted by the laws of God, of nature, or of nations, and most repugnant to the known laws and customs of this realm : for the reducing of such of His Majesties well-meaning subjects into the right way who have been mis-led by that ignis fatuus.

Answer.

The Observer needs not bring any confessions of Princes, Christian or Heathen, to prove that good Kings account themselves great, though glorious ser∣vants to their Subjects, like a Candle burning away it∣selfe to give light to others; which a Germane Prince stamped on His Coyne with this inscription aliis serviens meipsum contero: Whilest other men •…•…lept Ahasuerosh waked, and thoughts troubled Ne∣buchadnezars Head. They have many Causes of care, which private Persons want, & patet in cura•…•… a•…•… 〈◊〉〈◊〉 su•…•…s: Queen Mary said, they would find Callic•…•… written in her heart. He is very incredulous who will not believe readily, that these Distractions have pierced deeper into the brest of King Charles, then of this Observer; and this because he knows & populi rem esse & suam: Yet further, His Majesty will ac∣knowledge a trust from His People, a subsequent and implicit consent implyes a trust but not a guift: But the inference which this good Man (I can neither call him good Subject nor good Logician) makes f•…•…om hence, that the King hereby admits that His Interest in the Crowne is not absolute but a meere Donation, yea a conditionall donation from the People, is such

a pretty treasonable (I should say topicall) Argument, drawn just from Te•…•…erden Steeple to Goodwin Sands, confounding Gods r•…•…st with mans trust, and in mans trust a trust of 〈◊〉〈◊〉 with a trust of dependence, a trust recoverable with a trust irrecoverable, a trust absolute with a trust conditionall, a trust antecedent with a trust consequent: I hope the Author trusts in God, will he therefore make God his Donee, yea his conditionate Donee? In plaine termes, Sir, your col∣lection is foundred of all four, and will not passe cur∣rent in Smithfield, and man well take your Generalis∣simo by the hand: But good Sir, without offence may I aske you, what Countryman your Generalis∣simo was? For no man that I meet with, will believe that there ever was such a Creature in the World: But certainly if there was, he was starke mad. Now Sir in the first place, he that shall goe about to shake in pieces an healthfull and beneficiall Institution, for fear of such a Danger, as was never yet produced in∣to act, since the Creation of the World; deserves the next Roome in Bedlam to your Generalissimo. These groundlesse panicall Feares, these ifs and sup∣positions of incredible Dangers, have been the Rai∣sers and Fomenters of these present Distractions: Dic mihi si sius tu leo qualis eris? If the Sky should fall, what price will Larkes beare? Secondly, it is a piece both of incivillity and knavery, for a Servant first to withdraw his Obedience from His Master undutifully, and then to plead sawcily that some Ma∣sters have been mad. Thirdly, hath a Generalissimo as large an extent of Power in all respects, as unli∣mited for time as a Soveraigne King? When a Ge∣neralissimo

runnes into such a fran•…•…cke Error, it is si•…•… he should lose his place: but when a•…•… Hereditary King falls into it, it is just he should have a Pro•…•…ex named, a Deputy or Protector (which you will) du∣ring his Distraction, alwayes saving the right both to himselfe and his Posterity. I have read such re∣bellious suppositions as this in late Pamphlets, as of a Pilot seeking to split his Ship upon the rocks: of a Patient calling to his Phisitian for poison; but never read one of them urged in a Classicke Author. Put the case a man is to saile by Sea, the Pilot may runn mad, and seeke to split the Ship upon rocks; shall we therefore make an Ordinance, that it shall not be lawfull for a Pilot to move his rudder according to the alterable face of Heaven, or different disposition of Wind and Weather, before he have consulted and gained the consent of all the Passengers, or at the least of every inferiour Marriner, or of the Major part of them? Interea perit Nau•…•…agus, before this can be done the Ship may be cast away: howsoever it leaves small hope of a prosperous Voyage. If you will prescribe Limits and Bounds and Conditions to Kings, you must find them written in plainer Chara∣cters then any you produce hitherto. The Charter of Nature, Lex nata non data, is indeed to preserve our selves, as Water contracts it selfe into a Globe or Circle in a dusty place; an Embleme of Association, which cannot be without Nerves, Bonds, Ligaments, Laws, and Kings. What is this against the Magi∣strate, who is the Minister of God for our preserva∣tion and safety? The Subject never finds more safe∣ty or more Liberty, then under a gracious King,

neque unquam Libert•…•… gratior aut tutior extat quam 〈◊〉〈◊〉 Re•…•…e pio.

But because the Observer doth so often presse the Charter of Nature, even to the dissolving of all Oaths and •…•…es of Allegiance and all mutuall Compacts and Agreements: as also to animate Subjects to raise Arms against their Soveraignes, as a thing that is not onely lawfull but necessary, to which they are bound by a higher duty, unlesse they will be fellonious to themselves and rebellious to Nature: That it is not just nor possible for any Nation so far to enslave them∣selves, & that there are tacite trusts & reservations in all publicke Commands. To give him an answer once for all in this point of Resistence. First, I affirme though it be nothing to us, (who are free Subjects and might well have been omitted by him, as making nought to his purpose) that even by the Laws of Nature, of Na∣tions, and of God, one Man, or a Society of Men might enslave themselves to another for sustenance or protection. All Histories both sacred and profaine are full of Examples, and the Law of God is plaine Exod. 21. 6. Levit, 25. 47. &c. And it seems strange, that the Observer should so farr over-reach or beat the aire to no end at all: this confessed truth quite overthrowes his whole structure of tacite trusts and conditions and rebellions against Nature.

Secondly, to come nearer our own case, I answer, that though the Law of Nature cannot be destroyed or contradicted, yet it may be limited by the posi∣tive Laws of the Land. And so it is; the Observer will not deny it in his own case, though he mete with another measure to his Soveraigne. The

Charter of Nature intitles man-kind indefinitely to •…•…e whole Earth, will the Observer therefore give •…•…is Neighbour leave to enter as a Coparcener into his Freehold? I beleive, not; but would tell him readily •…•…here is a new Charter made by which he holds it; that is, the Law of the Land. It is usuall with these Men to divest Men of all due relations, as if it were •…•…he same to be a Subject and a Man. A Man qua •…•…alis, might doe many things, which in a Subject is •…•…lat Treason, notwithstanding the Charter of Na∣ture.

Thirdly, beyond and above both these, there is the Law of God, there is the last Will and Testament of our Saviour, by which we hold our hopes of hap∣pinesse, which to Christians must be as the Pillar of Fire to the Israelites, a direction when to go, where to stay. Here we read of Tyrants, and of the sufferings of the Saints, but not a word of any tacite trusts and re∣servations, or of any such rebellion against Nature, or dispensation with Oaths, nor of any resistence by Arms. Certainly there is no one duty more pressed upon Christians by Christ and his Apostles then Obedience to Superiours. Give unto Caesar that which is Caesars, saith our Saviour. Submit your selves to eve∣ry Ordinance of Man, for the Lords sake, saith Saint Peter. Put them in mind to be subject to Principallities and Powers, saith Saint Paul: and in that well known place to the Romans, Let every Soul be subject to the Higher Powers, whosoever resisteth the Powers, resisteth the Ordinance of God, and they that resist shall receive to themselves Damnation. To this evidence of Holy Scripture for want of one good answer, the Observer

hath devised three bad ones, ut quae non vale•…•…nt singu•…•… multa juvent, the clearing of which will helpe to 〈◊〉〈◊〉 an end to the Controversy.

First, they say, The Apostle tells us not which Po•…•… is highest, but that that Power which is the highest 〈◊〉〈◊〉 to be obeyed. A strange Evasion, the Apostle els•…•… where names these two together, Principallities 〈◊〉〈◊〉 Powers: yea in this very Text he expresseth him∣selfe, that by the higher Powers, he understands th•…•… Magistrate vers. 3. him that beareth the Sword, verse 4. him to whom tribute is payed verse 7. none of all these will agree either to the People or to the Senat•…•… but to the supreme Magistrate onely, which Saint Peter tells us, is the King, whether it be to the King 〈◊〉〈◊〉 Supreme.

A second Evasion is this, Saint Paul speakes to 〈◊〉〈◊〉 few particular dispersed Men, and those in a primi∣tive condition, who had no meanes to provide for their own preservation. It skills not whether he borrowed this from the Jesuits defuerunt vires, they wanted strength; or of Buchanan, Finge aliquem e nostris Doctoribus, Imagine one of our Doctors did write to the Christians which live under the Tunke, to poor•…•… faint-hearted and unarmed Men, what other Counsails could he give, then Saint Paul did to the Romans, Thus they transforme a Precept into a Counsaile, I had thought they had allowed no Evangelicall or Apostolicall Counsails: and what the Apostle en∣joynes to be do•…•… for Conscience sake verse 5. under paine of Damnation verse 2. they say is to be done for discretion sake, under pain of plundering. Doe not these Men deserve well of Christian Religion to

infuse such prejudicate conceits into the bre•…•… of Monarchs? that Christians are like the frozen snake, which if they take into their bosome, so soone as •…•…he is warmed and inlived, they shall be sure to feele •…•…er sting for their favours. Let Christians be guilt∣•…•…esse, and let the Mischief fall upon the heads of the •…•…editious Contrivers. That it was not weaknesse or want of Courage, but strength of Faith that kept the Primitive Christians quiet under the persecutions of •…•…he Heathen Emperours, Tertullian and the Ancients •…•…oe abundantly witnesse, and it hath been sufficiently cleared by our Divines against the Jesuits. This is •…•…s Saint Iude saith, to have mens persons in admira∣•…•…ion, because of advantage.

The third answer whereupon they doe most insist, 〈◊〉〈◊〉 that this subjection is due to the Authority of the •…•…ing, not to the Person of the King, that this Au∣thority resideth in his Courts and in his Laws, that •…•…he Power which Saint Paul treateth of, is in truth the Kingly Office, that to levie Force or to raise Arms against the Personall commands of a King, ac∣companied with his presence, is not levying Warr against the King: but Warr against his Authority, residing in his Courts, is warr against the King. Yet •…•…et me give the Observer his due, he is more favou∣rable to Princes then many of his Fellowes in this, that he would have the Person of his Prince inviolable. And good reason, for what can the poor Kingdome expect, where the Person of the Prince is not held sacred? but Combustion and confusion: witnesse our owne Civill Warres; witnesse the Histories of the Gothish Kings, and the Romane Emperours

from Iulius Caesar to Constantine the great, b•…•… ing five and sorty, whereof thirty perished by u•…•… timely deaths, diverse of them good Princes: and a•…•… that while the Common-wealth sympathized in th•…•… common Calamity. No offence can be so great 〈◊〉〈◊〉 that it deserves to be punished by parricide. B•…•… this is a greater Courtesy in shew then in deed: if a•…•… arrow shot at adventure, did wound the King of I•…•… rael mortally between the joynts of his harnesse, wh•…•… shall secure King Charles from a bullet? so all thi•…•… moderation ends in this, to give the King wa•…•… ning to avoide the field, or otherwise to take what fall•…•… at his perill. But that I may not denye truth to an Ad•…•… versary, I grant three truths in this Answer.

First, that the Person and Office of a King at•…•… distinguishable: a good man may be a bad King, an•…•… a bad man a good King. Alexander the great ha•…•… his two friends Ephestion and Craterus; the one wa•…•… Alexanders Friend, the other was the Kings Friend the one honoured his person, the other his Office▪ But yet he that loved Alexander did not hate th•…•… King, and he that loved the King, was no enemy t•…•… Alexander.

Secondly, I grant in active Obedience, if th•…•… King command any thing which is repugnant to the Law of God or Nature, we ought rather to obe•…•… God then Men. The Guard of Saul refused justl•…•… to slay the Priests of the Lord; and Hanania•…•… Mishael and Azariah to worship Nebuchadnezar•…•… golden Image; it is better to dye then to doe tha•…•… which is worse then Death: Da veniam Imperato•…•… pardon me, O Soveraigne, thou threatnest me wit•…•…

prison, but God with Hell. In this case it is not lawfull to yeeld active obedience to the King. Again if the King command any thing which is contrary to the known Laws of the Land, if it be by an injury to a third Person, we may not doe it: as for a Judge to deliver an unjust sentence, for every Judge ought to take an Oath at his admission, that he will doe right to every person, notwithstanding the Kings letters or any other persons; there is danger from others as well as from the King: And generally we owe service to the King, but innocency to Christ. But if this com∣mand intrench onely upon our own private Interest, we may either forbear active Obedience, or in dis∣cretion remit of our own right, for avoiding further evill: So said Saint Ambrose, If the Emperour de∣mand our fields, let him take them if he please, I doe not give them, but withall I doe not deny them. Provi∣ded alwayes, that this is to be understood in plain ca∣ses onely, where the Law of God, of Nature, or the Land is evident to every mans capacity: otherwise if it be doubtfull, it is a Rule in Case Divinity, Sub∣diti tenentur in favorem Regis & Legis judicare: It is better to obey God then Man, but to disobey the King upon Surmises, or probable pretence, or an im∣plicit dependence upon other Mens judgements, is to disobey both God and Man: and this duty (as the Protesters say truely) is not tyed to a Kings Christia∣nity, but his Crown. Tiberius was no Saint when Christ bid give unto Caesar that which was Caesars. Thus for active obedience, now for passive. If a So∣veraigne shall persecute his Subjects, for not doing his unjust Commands; yet it is not lawfull to resist

by raising Arms against him: They that resist shall receive to themselves damnation. But they aske, i•…•… there no limitation? I answer, ubi lex non distingui•…•… nec nos distinguere debemus, how shall we limit where God hath not limited, or distinguish where he hath not distinguished? But is there no remedy for 〈◊〉〈◊〉 Christian in this case? yes, three remedies.

The first is to cease from sinne, Rex bonus est dex∣tra, malus sinistra Dei, a good King is Gods right hand, a bad his left hand, a scourge for our sinnes: as we suffer with patience an unfruitfull yeare, so we must doe an evill Prince as sent by God. Tollatu•…•… culpa ut cesset Tyrannorum plaga, (said Aquinas,) re∣move our sinne, and God will take away his rod.

The second remedy is prayers and tears, In that day you shall cry unto the Lord because of your King. Saint Nazianzen lived under five persecutions and ne∣ver knew other Remedy: he ascribed the death of Iu∣lian to the prayers and teares of the Christians. Ie∣remy armed the Iews with prayers for Nebuchadne∣zar, not with daggs and daggers against Nebuchad∣nezar. Saint Paul commands to make prayers and supplications for Kings, not to give poison to them. Saint Peter could have taken vengeance with a word as well on Herod as Ananias, but that he knew that God reserves Kings for his own Tribunall. For this cause Saint Ambrose a Man of known courage, refu∣sed to make use of the forwardnesse of the People against Valen•…•…ian the Emperour. And when Saul had slayne the Priests of God and persecuted David, yet saith David, who can stretch forth his hand against the Lords anointed and be guiltlesse? It was Duty

and not a singular desire of perfection that held Da∣vids hands; who can stretch out his Hand? No Man can doe it.

The third remedy is flight, this is the uttermost which our Master hath allowed, when they perse∣cute you in one City fly to another. But a whole Kingdome cannot fly, neither was a whole Kingdome ever persecuted by a lawfull Prince: private men ta∣sted of Domitians cruelty, but the Provinces were well governed: The raging desires of one Man can∣not possibly extend to the ruine of all. Nor is this condition so hard for Subjects, This is thankworthy if a man for Conscience towards God indure grief, and if a man suffer as a Christian let him glorifie God on this behalfe. This way hath ever proved successefull to Christian Religion: the blood of the Martyrs is the seed of the Church; caedebantur, torquebantur, nrebantur, & tamen multiplicabantur.

But all these Remedies are not sufficient, they are nothing, and they that thinke otherwise are stupid fel∣lowes in the judgement of the Observer; unlesse the People have right to preserve themselves by force of Arms, yea notwithstanding any contracts that they have made to the contrary; for every private man may desend himselfe by force if assaulted, though by the force of a Ma∣gistrate, or his own Father, &c. First I observe how the Observer enterferes in his Discourse, for in the forty fourth page he telleth us quite contrary, that the King as to his own Person is not forcibly to be re∣pelled in any ill doing. But passing by this contradi∣ction, I aske two questions of him, by his good leave, The first is, if a Father should goe about onely to

correct his Child and not to kill him or maime him, whether he might in such a case cry Murther Murther, and trie M••steries with his Father, and allege his own judgement against his Fathers to prove his inno∣cency? My second question is, if an inraged Father should offer extreme violence to his Sonne, how far he might resist his Father in this case, whether to give blow for blow, and stabbe for stabbe, or onely to hold his Fathers hands? For if it be a meere resi∣stence without any further active violence, (which is allowable,) if it be onely in extream perills where the life is ind••ngered, and against manifest rage and fury; what the Observer gets by this, he may put in his eye and see never the worse. But to give his re∣medy and his instance for it a positive answer, I say further, that this which he calls a Remedy is ten times worse then the disease itselfe, even such a Re∣medy, as the luke-warm blood of Infants newly slain is for the Leprosy: and in this respect worse, that a Leprosy is a disease indeed, but where shall a Man almost read in story of a Father slaughtering his Son (except perhaps some franticke Anabaptist in imi∣tion of Abraham:) it will not be difficult to find two Sons that have made away their Fathers, for one Father that hath made away his Sonne, notwithstanding the Fathers Authority. So this case is inter raro aut nun∣quam contingentia, and may be reckoned amongst the rest of the Observers incredible suppositions, which are answered before in the beginning of this Section. But if the Observers Doctrine were once received in∣to the world throughly, for one instance of a Parracide now, we should hear of an hundred. A Mischief is better

then an inconvenience; a Mischief that happens once in an Age, then an inconvenience which is apt to produce a World of Mischiefes every day: as where the King is able to make good his Party, res facile redeunt ad pristinum statum; or where Forrein Prin∣ces shall engage themselves, on the behalfe of Monar∣chy it selfe, or perhaps doe but watch for an opportu∣nity to seise upon both parties, as the Kite did on the Frog and the Mouse; and howsoever, where Am∣bition, Covetousnesse, Envy, Newfanglednesse, Schisme shal gain an opportunity to act their mischie∣vous intentions, under the cloake of Justice, and zeal to the Common-wealth. We are now God knowes in this way of Cure which the Observer prescribes. I may say it safely, This Kingdom hath suffered more in the tryall of this remedy in one year, then it hath done under all the Kings and Queenes of England, since the union of the two roses, I think I may inlarge it, since the Conquest (except onely such seditious times.) Leave a right to the Multitude to rise in Arms, as often as they may be perswaded there is Danger, by the Observer or some such seditious Ora∣tours for their own ends; and every English Subject may write on his doore, Lord have mercy upon us.

Thirdly, I doe grant, that to levy Arms against the authority of the King, in the absence of his Person is to warre against the King; otherwise we should, have few Treasons. Some desperate Ruffian or two or three Raggamuffins sometimes (but rarely) out of revenge, most commonly upon seditious princi∣ples, and misled by some factious Teachers, may at∣tempt upon the Person of the Prince: but all grand

conspiracies are veiled under the maske of Refor∣mation, of removing greivances and evill Councel∣lours, Fallit enim vitium specie virtutis & umbra▪ I goe yet further, that when a Kings Person is h•…•…ld captive by force and his commands are meerely extor∣ted from him by duresse and fear of further Mischief▪ contrary to the dictate of his own reason, (as it was in the case of Henry the sixth) there his commands are to be esteemed a nullity of no moment, as a forced marriage or a bond sealed per minas. But where the King hath Dominion of his own Actions, though he be actually misled, and much more though he be said to be misled; the case is far otherwise. These three truths with these Cautions I doe admit in this di∣stinction of the Kings Person and Office.

But yet further here are sundry rocks to be avoided in it. The first is not onely to distinguish in reason but actually and in deed to divide the Kings Person from His Authority; that is, to make the King a Platonicall Idea wi•…•…out personall subsistence, or as the Familists doe make their Christ, a Quality and not a Man: as if the King of England were nothing but Carolus Rex written in Court hand, without flesh blood or bones. To what purpose then are those significant solemnities used, at the Coronation of our Kings? Why are they crowned? but to shew their personall and Imperiall Power in Military Af∣faires: why inthroned? but to shew their judiciary Supremacy: why ino•…•…led? but to expresse their Su∣premacy in matters of Religion. That the Kings Authority may be where His Person is not, is most true: that His person may be without Authority, is

most false. That his Office and Authority may be limited by Law, is true: but a King without per∣sonall Authority, is a contradiction rather then a King; such a King as the Souldiers made of Christ, with a scarlet Robe, a Crown of Thornes, a Scepter of a Reed, and a few Courtesies and Formallities. The Person of a bad King is to be honoured for his Of∣fice sake, to what purpose? if his Person and his Of∣fice m•…•…y be divided: How dull were the Primitive 〈◊〉〈◊〉, that suffered so much, because they were not cap•…•…ble of this distinction. By this distinction S. Paul •…•…ight have justified his calling Ananias whited Wall, without pleading that he knew not that he was Gods High-Priest, and have told him plainly that be reverenced his Office, but for his Person and illegall commands, •…•…e did 〈◊〉〈◊〉 respect them. When Maximian commanded •…•…he Christian Souldiers to sacrifice to Idols, this •…•…as an unlawfull command; yet they c•…•…ose rather to •…•…e cut in pieces then to resist. When the same Maximian and Dioclesian, published a cruell Edict •…•…t Nicomedia ag•…•…inst Christians; That their Chur∣•…•…hes should be demolished, their Scriptures burned, •…•…heir Apostate Servants infranchised, (this was but a Personall Arbitrary Edict) A principall Professor •…•…ore it in pieces, and suffered death for it (even in the judgement of his Fellow Christian▪) deservedly.

A second Danger is to leave too great a Latitude of Judgement u•…•…to Subjects to censure the doing•…•… of their Soveraigne, and too great a Liberty, not onely to suspend their obedience, but also to oppose his commands, till they be satisfied of the legallity thereof. A miserable a condition for Princes, as it

is pernicious for Subjects, and destructive to all S•…•… cieties. A Master commands the Servant an unju•…•… act in the opinion of the Servant; yet the Serva•…•… must submit or be beaten: Doth not the Master hi•…•… selfe owe the same Subjection to his Prince? t•…•… Master denyes the act is unjust; so doth the Prince who shall be Arbiter? it were too much sawcines•…•… for a Servant to arrogate it to himselfe; what is then for a Subject? will a Judge give leave to an E•…•… ecutioner to reprive the Prisoner, till he be satisfie of the Legallity of the Judges s•…•…ence? A Sup•…•… riour may have a just ground for his Command, whic•…•… he is not alwa•…•…es bound to discover to his Subjects nor is a Subject bound to sift the grounds 〈◊〉〈◊〉 his Superiour•…•… Commands. In summe a Subje•…•… should neither be tanquam scipio in manu, like staffe in a mans hand, alike apt to all motions; read to obey his Prince, though the act to be done be e•…•… dently against the Law of God or Nature: nor ye•…•… on the other side, so scrupulou•…•… as to demurre upon a•…•… his commands, untill he understand the legallity an•…•… expedience of each circumstance, which perhaps he 〈◊〉〈◊〉 not capable of, perhaps reason of State will not pe•…•… mit him to know it. The House of Commons hav•…•… a close Committee, which shews their allowance o•…•… an implicit confidence in some cases; yet are the•…•… but Proctors for the Commonalty, whereas the Kin•…•… is a Possessor of Soveraignty. But it is alleged, tha•…•… of two evills the lesse is to be chosen, it is better to disobe•…•… Man then God; Rather of two evills neither is to b•…•… chosen: but it is granted that when two evills ar•…•… feared, a Man should incline to the safer part: No•…•…

if the Kings Command be certain, and the other dan∣ger but doubtfull or disputable▪ to disobey the cer∣tain command for feare of an uncertain or surmised evill, is (as Saint Austin saith of some Virgins, who drowned themselves for feare of being defloured,) to fall into a certain crime for fear of an uncertain.

A third error in this distinction is to limit the Kings Authority to his Courts. All Courts are not of the same Antiquity, but some erected long after others▪ as the Court of Requests: Neither are all Justices of the same nature, some were more eminent then others, that were resident with the King as his Councell in points of Law; these are now the Judges: Others did justice abroad for the ease of the Subject; as Iustices of Assise, Iustices in Eire, Iustices of Oi∣er and Terminer, Iustices of Peace. The Barons of the Exchequer were anciently Peeres of the Realme, and doe still continue their name: but to exclude the King out of his Courts is worse, a strange Paradox, and against the grounds of our Laws, The King alone and no other may and ought to doe justice, if he alone were sufficient, as he is bound by his Oath. And again, If our Lord the King be not sufficient himselfe to de∣termine every cause, that his labour may be the lighter, by dividing the burden among more Persons, he ought to choose of his own Kingdome, wise Men and fearing God, and of them to make Iustices. These Justices have power by Deputation, as Delegates to the King. The Kings did use to sit personally in their Courts: We reade of Henry the fourth and Henry the fift, that they used every day for an houre after dinner to receive bills and and heare causes: Edward the fourth

sate ordinarily in the Kings Bench: Richard the third (one who knew well enough what belonged to his part) did assume the Crown sitting in the same Court, saying, He would take the Honour there where the chiefest part of his duty did lye; to minister the Laws: And Henry the eight sate personally in Guild-Hall. The Writs of Appearance did •…•…un coram me vel Iusticiariis meis, before me or my Justices; Hence is the name of the Kings Bench, and the teste of that Court is still teste meipso, witnesse our selfe. If the King be not learned in the Laws, he may have learned Assistents, as the Peeres have in Parliament. A clear and rationall head is as requisite to the doing of Justice, as the profound knowledge of Law: It is a part of his Oath, to doe, to be kept in all his judg∣ments, Right Iustice, in Mercy, and Truth; was this intended onely by Substitutes, or by Substitutes not accountable to him for injustice? we have sworne that he is supreme Governour in all causes, over all Persons within his Dominions, is it all one to be a Governour, and to name Governours? David exhorts be wise now therefore O yee Kings. Moses requires that the King read in the booke of the Law all the dayes of his Life. Quorsum per•…•…itio haec? what needs all this ex∣pence of time, if all must be done by Substitutes, if he have no Authority out of his Courts, nor in his Courts but by delegation? When Moses by the ad∣vise of Iethro deputed subordinate Governours under him; when Iehosophat placed Judges Citty by Citty throughout Iudah: It was to ease themselves and the People, not to disingage and exinanite themselves of Power. It is requisite that His Majesty should be

eased of lesser burthens, that he may be conversant circa ardua Reipublicae, about great affaires of State, but so as not to divest his Person of his royall Au∣thority in the least matters. Where the King is, there is the Court, and where the Kings Authority is pre∣sent in His Person or in his Delegates, there is his Court of Justice. The reason is plain then, why the King may not controule his Courts; because they are himselfe: yet he may command a review, and call his Justices to an account. How the Obser∣ver will apply this to a Court, where neither His Ma∣jesty is present in Person, nor by his Delegates I doe not understand.

The fourth and last error is to tie the hands of the King absolutely to his Laws. First in matters of Grace, the King is above his Laws, he may grant especiall Privileges by Charter to what Persons, to what Corporations •…•…e pleaseth, of his abundant Grace and meere motion; he may pardon all crimes committed against the Law of the Land, and all pe∣naltyes and irregularityes imposed by the same: the perpetuall Custome of this Kingdome doth warrant it. All wise men desire to live under such a Govern∣ment, where the Prince may with a good Conscience dispence with the rigour of the Laws. As for those that are otherwise minded, I wish them no other pu∣nishment then this, that the paenall Laws may be executed on them strictly, till they reforme their Judgements.

Secondly, In the Acts of Regall Power and Justice, His Majesty may goe besides or beyond the ordinary course of Law, by his Prerogative. New Laws

for the most part (especially when the King stands in need of Subsidies) are an abatement of Royall Power. The Soveraignty of a just Conquerer, who comes in without pactions, is absolute, and bounded onely by the Laws of God, of Nature, and of Na∣tions; but after he hath confirmed old Laws and Customes, or by his Charter granted new Liberties and Immunities, to the collective Body of His Sub∣jects or to any of them; he hath so farr remitted of his own right, and cannot in Conscience recede from it. I say in Conscience, for though humane Laws as they are humane, cannot bind the Conscience of a Subject, and therefore a fortiore not of a King who is the Law-giver, yet by consequence and virtue of the Law of God, (which saith submit your selves to every ordinance of Man for the Lords sake, and again Thou shalt love thy neighbour as thy selfe) they doe bind, or to speak more properly, Gods Law doth bind the Conscience to the Observation of them. This is that which Divines doe use to expresse thus; That they have power to bind the Conscience in se sed non a se, in themselves but not from themselves; non ex authoritate Legislatoris, sed ex aequitate Legis, not from the authority of the Law-giver, but from the equity of the Law: many who doe not grant that to violate the Law of Man is sinne universally, yet in case of contempt or scandall doe admit that it is sinnefull. So then the Laws and Customes of the Kingdome, are Limits and bounds to His Ma∣jestyes Power; but there are not precise Laws for each particular Occurrence, And even the Laws themselves, doe of•…•…en leave a latitude and a prehemi∣nence

to His Majesty, not onely for circumstances •…•…d forms of Justice, but even in great and high Pri∣vileges. These we call the Prerogative Royall, as to •…•…e the fountain of Nobility, To coyne Money, To •…•…eate Magistrates, To grant Protection to his Deb∣•…•…rs against their Creditours, To present to a Bene∣•…•…ce in the right of his Ward being the youngest Co∣•…•…arcener before the eldest, Not to be sued upon an or∣•…•…inary writ, but by Petition, and very many others •…•…hich are beyond the ordinary course of Common-Law, being either branches of absolute power or Pre∣•…•…ogatives left by the Laws themselves.

Thirdly, in the c•…•…se of evident necessity, where the who•…•…e Commonwealth lye•…•… at stake; for the safety of King and Kingdome, His Majesty may go against parti∣•…•…ular Laws. For howsoever fancyed & pretended invi∣sible dangers have thrust us into reall dangers and un∣seasonable Remedyes, have produced our present Calamityes: yet this is certaine, that all humane Laws and particular proprietyes, must veile and strike top-sayle to a true publick necessity. This is confessed by the Observer himselfe every where in this Treatise, that Salus Populi is the transcendent achme of all Politicks, the Law Paramount that gives Law to all humane Laws, and particular Laws cannot act contrary to the legislative intent to be a violation of some more soveraigne good introducible, or some extreme and generall evill avoidable, which otherwise might swal∣low up both Statutes and all other Sanctions. This preservative Power the Observer ascribes to the people, that is to say in his sense, to the Parliament in case the King will not joyn with them. Though we

all know a Parliament is not ever ready, nor can be s•…•… suddenly called as is requisite to meet with a sudde•…•… Mischief. And he thinks it strange that th•…•… King should no•…•… allow to the Subject a right to rise i•…•… Arms for their o•…•…n necessary defence, without his consent, and that he should assume or challenge such a share i•…•… the Legislative •…•…ewer to himselfe, as that without hi•…•… concurrence the Lords and Commons should have no right to make tempora•…•…y orders for putting the Kingdo•…•… into a posture of Defence. Strange Phrases and unheard of by English eares, that the King should joyn with the People, or assume a share in the legislative Power, Our Laws give this honour to the King, that he can joyn or be a sharer with no man. Let not the Obser∣ver trouble himselfe about this division; The King like Solomons true Mother challengeth the whole Child, not a divisible share, but the very Life of the Legislative Power: The Commons present and pray, The Lords advise and consent, The King enacts. It would be much for the credit of the Observers desperate cause, if he were able but to shew one such president of an Ordinance made by Parliament without the Kings consent, that was binding to the Kingdome in the nature of a Law. It is a part of the Kings oath to protect the Laws, to preserve Peace to His Peo∣ple: this he cannot doe without the Power of the Kingdome, which he challengeth not as a Partner, but solely as his own, by virtue of his Seigniory. So the Parliament it selfe acknowledged, It belongs to the King and his part it is, through his royall seigniory straitly to desend sorce of armour, and all other force against his peace, at all times when it shall please him, and to pu∣nish

them which shall doe contrary according to the Laws •…•…nd usages of the Realme, and that the Prelates, Earles, •…•…arons, and Commonalty, are bound to aide him as their •…•…overaigne Lord, at all seasons when need shall be. Here is a Parliament for the King even in the point. The Argument is not drawn as the Observator sets it own negatively from Authority, or from a maimed •…•…nd imperfect induction, or from p•…•…rticular premis∣•…•…es to a generall conclusion; (every one of which is •…•…ophisticall:) is thus, Such or su•…•…h a Parliament did •…•…ot or durst not doe, this or that, therefore no Parlia∣•…•…ents may doe it, or thus, Some Parliaments not com∣•…•…arable to the Worthies of this, have omitted some good •…•…t of supinesse or difficulty, therefore all Parliaments •…•…ust doe the same: but it runns thus, no parliaments did ever assume or pretend to any such Power, some Parliaments have expressely disclaimed it, and ac∣•…•…nowledged, that by the Law of the Land, it is a •…•…ewell or a Flower which belongs to the Crown, Therefore it is His Majesties undoubted right, and •…•…ay not be invaded by any Parliament. Yet further, •…•…t were well the Observer would expresse himselfe, •…•…hat he meanes by some more Soveraigne good intro∣ducible; the necessity of avoiding ru•…•…ne, and intro∣ducing greater good is not the same: Dangers often •…•…come like torrents suddainly, but good may be in∣•…•…roduced at more leisure, and ought not to be brought •…•…in but in a lawfull manner; we may not doe evill that good may come of it. Take the Observers two in∣stances, When the Sea breakes in upon a County, a bank may be made on any Mans ground without his consent: but may they cut away another mans Land, to

make an Harbour more safe or commodious with•…•… the owners consent? No. A Neighbours Ho•…•… may be pulled down to stop the fury of a Scath-fire: b•…•… may they pull it down to get a better prospect, 〈◊〉〈◊〉 gaine a more convenient high way? No. We des•…•… to know what this Soveraigne good introduci•…•… meanes, and are not willing to be brought into•…•… Fooles Paradise with generall insinuations. Let it a•…•… pear to be so Soveraigne and we will all become su•…•… ters for it: but if it be to alter our Religion, or our fo•…•… of Government, we hope that was not the end of th•…•… Militia. Lastly, when necessity dispenseth with pa•…•…∣ticular Laws, the danger must be evident to all, t•…•… concurrence generall, or as it were generall; one o•…•… two opponents are no opponents: but where th•…•… danger is neither to be seen not to be named, so u•…•… certaine that it must be voted whether there be an•…•… danger or not, or perhaps be created by one or tw•…•… odde Votes; this is no warrant for the practise o•…•… that Paramount Law of salus Populi.

By this which hath been said we may gather a re•…•… solution, whether the King be under the Law an•…•… how farr, I mean not the Law of God or Nature but his own Nationall Laws. First by a voluntar•…•… submission of himselfe, & quod sub Lege esse debet•…•… evidenter apparet, cum sit Dei Vicarius ad similitu•…•… dinem Iesu Christi cujus vices gerit in terris: bu•…•… Christ was under the Law no otherwise then by vo∣luntary submission. Secondly, the Law hath a di∣rective Power over Kings, and all good Kings wil•…•… follow it for example sake to their Subjects, for Conscience sake to themselves. Tacitus saith of Ves∣pasian

that being antiquo cultu victuque observing the old customes in his Diet and his apparrell, he was unto the Romans, praecipuus adstricti moris Au∣thor, an excellent pattern of Frugalitie. But the Law hath no coercive Power over him. This (besides his Power of pardoning and dispensing) may appear by these two reasons. First that no writ lyes against him in Law, but the party grieved hath his remedy by Petition or supplication. Secondly, that if upon petition he doth not right the wronged party, there is •…•…o course in Law to compell him, satis sufficit ei •…•…d paenam quod Dominum expectet ultorem, and else∣where, incidit in manus Dei viventis he falls into the hands of the living God, which the Scripture saith is a fearfull thing; wi•…•…nesse Pharaoh, Senacherib, Ne∣ro, Domitian, Dioclesian, Deci•…•…s, Aurelian, Iulian, &c. Some slain by themselves, some by others, some drowned, some smitten with Thunder, some eaten with Worm•…•…. how seldome Tyrants escape punish∣ment even in this World I see not why the Obser∣•…•…er should be so angry, that this Doctrine should be pulpitted (as he phraseth it,) or why he should ac∣cuse it of flattery; whether is the greater curbe to restreine Princes, the fear of Man or of God; of tempor•…•…ll onely, or of temporall and eternall punish∣ment?

Si genus humanum & mortalia temnitis arma, At sperate Deosmemores fandi atque nesandi.

The Observer acknowledgeth as much in effect, The King is not accountable for ill done, Law hath only

a directive no coercive force upon his Person. There is a fourth answer to this Text, by distinguishing between private Persons and subord•…•…te Magistrates, but because the Observer makes no use of it, I passe by it.

Notes

• Sect. •…•…11
• Observ. de∣•…•…ended pag. 7.
• Pet. 2. 13.
• Obs. defen∣•…•…ed. pag. 8.
• •…•…ucha.
• vers. 16.
• 〈◊〉〈◊〉 King 22. 34.
• Act. 5. 29. 〈◊〉〈◊〉 Sam. 22. 17
• Austin.
• Anno 18. Ed. 3. Stat
• Sam. 7. 18.
• Sam. 26. 9.
• Mat. 10.
• 1 Pet. 2.
• 1 Pet. 4.
• Pag. 17.
• Mat. 27. 2•…•…
• Acts 23.
• Bract. 3. cap. 9.
• Cap. 10.
• •…•…we.
• •…•…rtin.
• •…•…ut. 17.
• •…•…hron. 19.
• •…•…d of the •…•…rch.
• Obs. defe ded pag.
• Edv. pri∣•…•…i
• Obs. defen∣ded pag. 4.
• Bract lib. 1. •…•…ap. 8.
• Bracton
• 〈◊〉〈◊〉. 44.