No Interest beyond the Principall. OR, The Court Camisado.
IN the case of divorce, when it was put to Christ by the Pharisees to know his opinions in it, he being neither Scribe nor Pharisee, Mat. 19. of no sect nor faction, one that drive no designe but Gods; and that came to fulfill the law, not to destroy it, sends those great doctors to Schoole, to the primitive end and institution of marriage, as it came immediatly from God, in innocency, when, and where all things were very good, as he that will taste water purely must doe it at the fountain. But they not satisfied with this solution by way of justification, urge an old statute Law of Moses, which by its antiquity, authority, and usage might (as they thought) v. 7) plead right of prescription for that masculine priviledge of putting away their wives. But Christ tels them, that Plant never grew in innocency, God grafted no such Sience in the stocke of created nature, it was a mushroome that grew out of nature corrupted. Moses (saies he) bacause of the hardness of your hearts, suffered you to put away your wives, but from the beginning it was not so, as who say. It was indeed a politique law of concession, but policy must not annull divinity, neither reason of state, not laws municipal must crossewh [...]t with right reason, or the principles of entire nature. Therefore I, who am come to enlighten your judgements, and reforme your manners (Gospell-properties) tell you againe that whatever your lusts and exorbitancies might occasion Moses to do, or enact, by way of connivance or permission, that does not justifie the practise (though never so old, and generally received) to be lawful, but rather shew it to be unlawful, [Page 2] because that permission varies from the first position or standard given by God himself, the prime legislator, whither this case if rightly stated and argued must be reduced for solution, no authority binding above his, nor no law against his, though seemingly never so specious.
A cleare demonstration, which is the best way to answer questions and work reformations in matters of Government. Not to be mis-led by words of Art, civill superstition, or formall pretences, to the violation of the lawes of God, nature, or reason. It is true that Government (as marriage) is of God, but it is as true that governors (as persons marrying) are of men, and that the great Interest (which word is now the onely Idol that men sal down and worship) of both Government and Governours is the glory of God, and the good of mankind: The end of the institution is the onely interest of the thing instituted, and consequently the Mea [...]e-wand or Standard by which it is to be regulated and reduced, though as old as Moses, when God gives opportunity, and time brings truth to light. In this age of ours, Kings plead for prerogative, flowres of the Crown, and right of Soveraignty, as they and their flatterers cal it. And even Parliament-priviledge is made use of by prerogative members, for promoting the arbitrary interest of the Crown; thus is authority wire-drawn, as if Governours rather then the Governed, were the end of Government, and Government it selfe is rather made a personall Interest, then a publique utility. Yea, Laws, nay Oathes, are thus made use of to captive & insnare men, by prerogative glosses, as if it wer in the power of men, who are the sons of reason to swear themselves into beasts, and to abjure their very nature, and that by vertue of an ordinance of God, which Government is. What confidence can Kings have in people by such ties as being ex natura rei unlawfull, do untie themselves, and which are both unlawful to be taken, and when taken unlawfull to be kept. Such glosses as Court Parasites, put upon lawes allegiance tending to make Kings absolute, and their power as well negative, [Page 3] as positive, and their duty meere matters of pleasure, and acts of will, in the way neither to render Kings safe, nor their people happy.
The Popery of an implicit faith and blinde obedience, will not, cannot last alwayes; which because it is so much countenanced by Episcopacy (that rag of Rome) therefore thence is that maxim. No Bishops, no King, implying that when ever the vail of ignorance and blind obedience was done away by abolishing of Bishops, and the peoples eyes were opened by divinity, and reason to see themselves mis-led by pretence of authority from a right understanding of the nature of government, they will never endure to be slaves instead of freemen, subjects to governours instead of government, and to serve their interests who are their Ministers and Gods meerly for their good, having their being (in office and authority) by, for, nor to no other end or purpose. For as the Pope is afraid of nothing so much as the translating the word into popular languages for fear of betraying his jugling tricks in divinity, so nor Kings and Royallists then that the Lawes of the Land should be English'd, I meane not so much in language, as in sense and reason (though there is no good reason why English eyes should look through French spectacles, except it be to see to lose our way to liberty and property as they have done) but for English Lawes to speake Prerogative, is worse then to speake French, some Commentators are better Courtiers then Lawyers, who should be men of reason, and not so discredit the Law (the honour of their profession) as to force it against reason to advance the will of a man above the reason of a State, and the originall end of government it selfe. Therefore its time to be no longer fool'd with State tearmes of Interest, Jewels, and Flowers of the Crowne, or the old overworne word of Prerogative, for what is this but first to set up a golden image, and then to fall downe and worship it. I am not against Kings nor their Crownes, its the abuse, and onely [Page 4] that that I abominate, which hath as much blindfolded the people of Christendome, as the Popes supremacy hath the Princes thereof, whose eyes yet shall be opened to see their errour, and to withdraw their necks out of his Ecclesiasticall yoake, and so its hoped shall the peoples (specially Englishmen) in things Civil; to know, as their obedience to authority, so good authority in reason, justice, and equity, for that their obedience; for so men act like men, else like beasts, which only are subjected to will, which yet is not the least part of that bondage of corruption the creation groans and travels in pain under, Rom. 8. 20, 21, 22. being unwillingly made subject to that vanity, in hope and earnest expectation to be delivered: and shal we be so vaine, specially when a price is new put into our hands, as willingly to take up that yoake which the creature, though senselesse and irrationall, unwillingly beares, in hope of being infranchised of it at the last, accounting even annihilation better then subordination to the inordinate will of falne mankinde. Old errours are so much cryed up under new lights, as that old truths will scarce be believed against custome in errour: Kings they will not, but tell you its against their interest not to be arbitrary, and the people they dare not believe it if the Princes doe not, though neither to 'ne nor to 'ther, but must needs grant that ab initio non fuit sic, its consonant neither to the nature, nor the end of government; and consequently not of Sovereignty, which onely so farre is sovereigne as it is preservative. Therefore the Law sayes (of al men) the King can doe no wrong, hath lesse power to doe wrong, because greater obligation to doe right then any man else; nay he is so far from having power to doe wrong, that he is neither to doe it, nor suffer it to be done by any inferiour powers, but to see that justice and protection according to Law be administred to all by the Ministers thereof, whereof hee's the chiefe.
But the nature, of man even in innocency (though not by it) [Page 5] lusteth after an exorbitant superiority, for when God had made him Lord over all but the forbidden fruit, hee thought himselfe no King over the creature whilst the Creator limited his power, though but in one, and therefore he resolves either to win the horse, or lose the saddle, gaine that, or lose all. So Kings, bee their power never so great to doe, yet except they may also have power to undoe, negative as well as positive, power to deny, as well as to grant, and undoe as well as doe, they are unsatisfied, and sticke not in effect to affirme, that except you grant them Tyranny, you oppose Monarchy. Wherein yet they doe themselves no right, nor those that flatter them into such principles: for when people see they cannot grant safe and lawfull premises, but with hazzard of sophistical and prevaricate conclusions to bee inferred thereupon, it makes them fearefull to grant any thing, lest they lose all, an Inch given, makes an Ell taken. As if commissions, &c. for honour-sake goe in the Kings name, then the Court consequence is, they are the act, not his Laws; then the next result is, they are ad placitum, and not quamdiu bene se gesserint, Prerogative is so procreant that no wombe is barren to the third or fourth generation, but every inference is productive of another. So let him have the honour to confirme and assert Laws; then the next remove is, you must allow him the use of his reason, and the next to that, therefore a negative as well as an affirmative voice: grant-freewill, and falling from Grace will follow. Suppose him the fountaine of honour; then, he retorts, I may conferre it on whom I please, and for what cause, for vice as well as vertue. I may make George Villiers and his vertuous mother, Duke and Countesse of Buckingham, and court-minions Privy-councellours, nay aliens of the Scotch Nation, (whose native state interest by vicinity, is against ours) Peers and Parliamentmen in England. Therefore lay the foundation upon the rocke, not in the sands: make out that position in plain English, That the King can do no wrong, nor the Crown [Page 6] neither, by declaring that neither legally nor illegally by abused law, or power above law, it neither is, nor ought to be in their power to do so, and provide accordingly, let legall and regall be but one and the same, as in sound, so in a safe and sound sence, univocall tearmes: and soveraignty made soveraigne by preferring the Coronation Oath, with a right understanding; Magna Charta purged of superstition; and the Petition of Right well back'd with Propositions, to be principall flowers of the Crowne before it be worne againe in England, and that by a penall law: for if it be lawfull for a private man or particular subject to implead his Prince by law upon a particular wrong, much more for the State, or people in generall to implead him by armes, or proceed against him in case of a generall wrong, when theirs, neither Law nor Judge, but salus popoli to determine betwixt them. And therefore Trajan both wisely and worthily, when hee delivered the sword to the Pretor, bid him use it for him whilst he ruled well, and against him, when ill.
Let Kings have as much honour, freedome, and safety in the way of righteousnes as becomes men of their place, the contrary whereof is dishonour, slavery and danger both to Prince and people: Let the people know that his name is of no more use in commissions and statutes, then his Image and superscription upon coyn, the one arguing no more propriety or title in him then the other, the honour of both his is & that for publik advantage, not disadvantage, he can no more suspend the one, then the other, or destitute his people either of laws or their lawful execution, then of money and trade. Gospel timeshould make our Kings better Christians, then to desire such Catholike authority, when they see, heare, and read the evill effects that doe, and cannot but attend it, both to him that is in authority by way of temptation, and those that are under authority by way of ruine and destruction. Giants of old, those men-monsters begotten of Gods displeasure, & inordinate concupiscence, what effects had their exorbitancy of strength but to make them men of exorbitant minds? proud & cruel, rebellious toward God, and tyrannous over men. A reasonable size best befits a reasonable man, too much power of any kind makes a man a monster, and hazzards him to do monstrous things. Nimrod was the first we read of, that by invasion and oppression of publique right and liberty affected a Babell Kingdome Government beyond rule, and to be absolute on earth as God is in heaven, therefore was he call'd The mighty hunter before the Lord, Gen. 10. 8, 9, 10. And every one after him that hunted inordinatly after power, as he [Page 7] did, was proverbially called as he was, another Nimrod, or (as wee now say) Nimrod the second, Nimrod the third, the mighty hunter &c. deriving both his name and stile, as the brand of his presumption, and unlawfull ambition or usurpation. The account that Kings are to make for the talents that are lawfully conferred upon them is great enough, and need not be increased by the talents themselves unlawfully usurped. Abused power makes men on earth, the most unlike to God in heaven of any thing, therfore unlimitted authority is uncompatible to a creature, and able to make a man a devill. Angels in heaven as well as Adam in paradise, fell by free-will and freewill power, and how then think we can Common-wealths stand by it, specially in one man? That King that makes conscience of his place and people, will rather think his power too much then too little, considering he must answer for no more then he hath, and with Moses be content to depart of his spirit to lessen his charge for his own ease, and their benefit; and if he doe not, then a little is too much, for power without conscience is like a horse without a bridle, ready to hurry the rider into ruine, and over-run al that stands in his way. Nor will a conscientious King purchase power over his people against their wills, with the losse of their blood, his greater care will be to use that well he hath, and not to make his successors absolute, that his Subjects may be slaves, nor conquer whom he should protect, he will as well remember that he is the father of his Country, as of his next Heire, who yet is but his successor, and the Kingdoms Heire, the Crown and Kingdome being an incorporate body, for he cannot dis-inherit him, though the people may, and upon mis-government depose him, as in case of adultery marryed people may divorce, the knot that ties them together, being broken asunder: his care should be rather to leave rules to his Son to govern well, then power to govern ill: and himself to dye desired, as good Josiah did, rather then when he is dead, to be stiled of happy memory, because of his unhappy Reigne. Would Kings be more Religious, they would be lesse ambitious, and see reason for it; yea, beleeve themselves as well in debt to their people, as their people to them, owing both mutuall love and duty, striving rather to deserve obedience then to inforce it, and entituling themselves to their peoples Allegiance rather by their administrations then commands, themselves inviolably keeping the Oath of good Government, that so they may not give their people the least coulour of liberty, to breake the [...]e of dutifull Allegiance, and knowing how dangerous a thing [...] a Printe is both in [Page 8] the sad consequence of ill example, and the wosull effects of divine justice, so frequently inflicted on the people either for or by occasion of the Princes sins.
What reason can be given why all other Governors and Magistrats are to rule for the publique good, and onely Kings for their owne greatning? No inferior authority hath a negative power to suspend justice or protection so farre as he is to administer it by his place, the King himself can derive no such power to any, and if he cannot derive it, then he hath it not inherent in himself, for the Soveraignes power is principally to impower others. Magis and Minus make no essentiall difference; Betwixt the King and a Constable there is difference of power in point of proportion, but not in specie or kind, it is of the same kinde, and to the self-same end, one hath not power for, and the other against. Or what reason can be showne, why the King ought to have a negative arbitrary power? is it because Kings are more infallible, & unerring then other men? we have not found it so. Or what good reason can be shown that de facto he hath it? Hath any known law of the Land conferred it on him, or is it meerly by usurpation? hath he taken it because the people durst not deny it, as former Kings have done Forrest-Lands, & then made the people undoe them by forrest-Laws: why then, prescription in wrong, entitles no man to right, especially Kings, whose office is neither to do, nor suffer to be done, any wrong to the body whereof they are the head. Or is it as some affirme, because the King is supreame? for say they, seeing arbitrary power must be somewhere, therfore it is fittest to be in the supreme Magistrate. To this I Answer, That arbitrary Legislative power is in the supreme Magistracy or Government, not Governour; the Parliament, not the King; for the people being a numerous dispersed multitude, and so not fit alwayes to be together, to see to the execution of their own Laws, do therefore meet occasionally in an aggregate body, for the consultive, and creative part of Laws, and constitutions, that so they may be such as are most fit, and doe best sute with the nature of the place and people; and then leave them for the executive part principally to the care of the King, with other ordained Ministers, as being better executed by a few then a many, and better consulted and made by a many then a few; & therfore hath he the honor of Sword & Scepter, and for that cause were good Kings in former times wont to goe their progresses, as Judges doe their circuits, not to make hunting-matches, & horse-races, nor yet to give Laws, but to inquire and countenance the execution of [Page 9] justice, & preservation of peace, according to law, & punish the violators
And as Kings, so all other Governments and governors, their Interest is neither contrary to, nor diverse from the publick good, their chief end is their cheif interest, neither power, priviledge, nor liberty to consult, debate, or conclude, belongs to any (and to them least that are intrusted most) but what hath proximity with, is reductive to, and acted for, it; therfore those Parliament-men whose principles and transactions vary from that pole, they are the most destructive members to Parliament-interest, that drive a Court designe with publick imployment, for Prerogative and Priviledge run the same danger, the apparent abuse of same brings all into question; potius unus quam unitas, better then throw out some rotten Apples, then spoyle the whole hoard; be not tenderer of your members then they are true to their trust, if the Common wealth see some made examples, the punishment of a few, will preserve the reputation of the whole, that the body is sound, though some members be rotten: God made not man for himself, the interest of the creature, is the service of his Creator, and therefore our rise was our fall, the raising of our interest, was the ruine of us all. He that being chosen and intrusted with arbitrary power, wil therfore use it arbitrarily, is Adams own child, and after his likenesse. If it be objected, that the King pretends the publick interest in those things which by absolute power he claimes and entitles himself unto, as the Militia, and negative voyce; that they are for the better protecting and rule of his people, and the Royall party in Parliament, forsooth, urge Liberty of conscience, for liberty of speech, Cum Privilegio, to betray their trust. To these I Answer, first Joyntly: That it is an easie matter to put a bait upon a hook, and no hard thing to catch Gudgins with it, but for my part I will never trust him, nor them, by the By, that erre in the main. Secondly, Severally, And first for the Kings claim and pretences (which the effects have proved barely to be such) in reason he can neither desire it, if he know himself to be but man, nor his people grant it, to his, & their apparent ruine. Only blind Cupid is fit to stand a top of the wheel of Fortune, none that have eyes in their heads would desire so slippery a place, when they see they so much over top themselves that their hands cannot mannage what is under their feet, but they must needs turn round to their own ruine. But if seeing they see not, and will venture their necks to have their wills, yet there is no reason the people should build Babel to bring confusion upon themselves. VVisdom is, to pursue a right end by right means, consequently, not to expect good government from a corrupt will, endowed with Arbitrary power. What hath bin the ruin of Empire, so much as Empire? Kings have lived to repent their power, and people much more.
And Secondly, for his party in the Parliament Priviledge in their hands is as bad as prerogative in his, they having no more right of power to abuse that, then he this. Whoever represents a County or Corporation is entrusted by a part of member of the Common-wealth for the good of the whole, and is in the [...] of an Embassador or Commissioner to negotiate in a joynt body with the States Generall, for the State in generall. For by the Laws of Embassie, State agents (though Plenipotentiaties) are not to betray them they treat for, their power is neither intended, nor ought to be interpreted to the prejudice but profit of them that imploy them. The Feffee for the Feffor. Liberty and priviledge are allowed to Parliaments, to transact the liberty, property, and safety of the people, and he that goes retrograde to those, what place or part of the Common-wealth soever he serve for, by right of community ought to be rejected by the rest that serve for, and are intrusted with the whole.
In a word, words by tract of time degenerate like men. Tirannus once was taken in the better part, when Kings were better common-wealthsmen, and that they and their people were joynt purchasers, trading abroad & not at home, for preeminence. So was the word Interest, whilst it was of publick cognizance, and all Qu. Elizabeths dayes kept it self sober by drinking English Be [...]re till it was made drunk with F [...]tiniack, and the King and his Courtiers by use upon use and interest upon interest had almost swallowed up all, the peoples Principall. And Reason it self run hazzard to have her eyes put out, that Prapria que maribus, which was wont to be the common name for all men, it begun to be wholly ingrossed at Court, entailed upon the crown & begg'd for a Monopoly, insomuch as there was almost no Reason left but Reason of State, within the compasse of a cabinet councell, all else was either bruitish or rebell on, nor no state but that of the King & his Royal consort, the one Scatch, the other French. When publick Interest is impropriated ex officia, to private & personall purposes, then ceaseth the name & nature of a Governour by deviating from the primitive end & institution of government, ordain'd by God & Nature; & consequently love, loyalty, obedience, duty: for what oblieges these? not greatnes without goodnes, for then the devil might challenge them at our hands, who by Scripture is stiled principalities and powers, yea, the Prince of this world. Authority (whatever the kind or species of it be) whilest it points right to the pole, and retains the vertue of the Lord-stone, where with it was first touched, its safe to sale by it, but if either through corruption, or injury of time, it make standing variations at wrong points, then it must either be new touched, or quite changed else contrary to intention, when first sea-saile, youle make a wrong voyage, and fall amongst enemies instead of friends; or a destructive, and be cast amongst rock; and sands instead of knowne Seas.