the legallity anâ—… expedience of each circumstance which perhaps he 〈◊〉 not capable of perhaps reason of State will not peâ—… mit him to know it The House of Commons havâ—… a close Committee which shews their allowance oâ—… an implicit confidence in some cases yet are theâ—… but Proctors for the Commonalty whereas the Kinâ—… is a Possessor of Soveraignty But it is alleged thaâ—… of two evills the lesse is to be chosen it is better to disobeâ—… Man then God Rather of two evills neither is to bâ—… chosen but it is granted that when two evills arâ—… feared a Man should incline to the safer part Noâ—… if the Kings Command be certain and the other danger but doubtfull or disputable to disobey the certain 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 Oier 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 determine 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 â—…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 judgments 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 perâ—…itio haec what needs all this expence 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 advise 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 Authority in the least matters Where the King is there is the Court and where the Kings Authority is present 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 Observer will apply this to a Court where neither His Majesty 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 â—…e pleaseth of his abundant Grace and meere motion he may pardon all crimes committed against the Law of the Land and all penaltyes and irregularityes imposed by the same the perpetuall Custome of this Kingdome doth warrant it All wise men desire to live under such a Government 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 punishment 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 Nations but after he hath confirmed old Laws and Customes or by his Charter granted new Liberties and Immunities to the collective Body of His Subjects 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
proceed from mutuall pactions but from acts of Grace and Bounty I would know to what purpose the Observer urgeth this distinction of Laws will it â—…er â—…he State of the question or the obligation of Subjects Nothing lesse Whether the calling of the Prince be ordinary or extraordinary mediate or immediate the title of the Prince the tye of the Subject is still the same Those Ministers who were immediately ordeined by Christ or his Apostles did farre exceed ours in personall perfections but as for the Ministeriall Power no tract of time can bring the least diminution to it God was the first Instituter of Marriage yet he never brought any couple together but Adam and Eve other marriages are made by free election yet for as much as it is made by vertue and in pursuance of Divine Institution we doe not doubt to say and truely those whom God hath joyned together His Majesties title is as strong the obligation and relation between him and his Subjects is the very same as if God should say from Heaven take this Man to be your King Again if the Libertie of the Subject be from Grace not from pactions or agreements is it therefore the lesse or the lesse to be regarded what is freer then gift if a Nobleman shall give his Servant a Farme to pay a Rose or Pepper-corn for an acknowledgement his title is as strong as if he bought it with his Money But the Observer deales with his Majesty as some others doe with God Almighty in point of merit they will not take Heaven as a free gift but challenge it as Purchasers In a word the Authour of these Observations would insinuate some difference betwixt our Kings and the Kings of Israell or some of them who had immediate vocation wherein he would deceive us or deceiveth himselfe for their request to Samuell was make us a King to judge us like all other Nations Observer Power is originally inherent in the People and it is nothing else but that might and vigour which such or such a society of Men containes in it selfe and when by such or such a Law of common consent and agreement it is derived into such and such hands God confirmes that Law and so Man is the free and voluntary Author the Law is the Instrument and God is the Establisher of both and we see not that Prince which is most potent over his Subjects but that Prince which is most potent in his Subjects is indeed most truely potent 〈◊〉 for a King of one small Citty if he be intrusted with a large Prerogative may be said to be more potent over his Subjects then a King of many great Regions whose Prerogative is more limited and yet in true reality of Power that King is most great and glorious which hath the most and strongest Subjects and not he which tramples upon the most contemptible Vassalls This is therefore a great and fond error in some Princes to strive more to be great over their People then in their People and to Eclipse themselves by impoverishing rather then to magnifie themselves by infranchising their Subjects This we see in France at this Day for were the Peasants there more free they would be more rich and magnanimous and were they so their King were more puissant but now by affecting an adulterate power over his Subjects the King there loses a true power in his Subject embracing a Cloud in stead of Juno Answer It hath ever been the wisdome of Governours to conceal from the promiscuous multitude it s own strength and that rather for the behoof of themselves then of their Rulers Those Beasts which are of a gentle and tractable Disposition live sociably among themselves and are cherished by Man whereas those that are of a more wild and untameable nature live in continuall Persecution and Feare of others of themselves but of late it is become the Master-piece of our Modern Incendiaries to magnifie the power of the People to break open this Cabinet of State to prick forward the headie and raging multitude with fictitious Devises of Bulls and Minotaurs And all this with as much sincerity as Corah Dathan and Abiram said to Moses and Aaron you take too much on you seeing all the Congregation are holy I desire the Observer at his leisure to reade Platoes description of an Athenian Sophister and he shall find himselfe personated to the life that one egge is not liker another if the Coate fit him let him put it on The Scripture phraseth this to be troubling of a Church or of a State It is a Mâ—…taphor taken from a Vessell wherein is Liquour of severall parts some more thick others more subtile which by shaking together is disordered and the dreggs and residence is lifted up from the bottome to the toppe The Observer hath learned how to take Eeles It is their own Rule they that would alter the Government must first trouble the State Secondly posito sed non concesso admitting but not granting that Power is originally inherent in the People what is this to us who have an excellent forme of Government established and have divested our selves of this Power can we play fast and loose and resume it again at our pleasures Lesbia was free to choose her selfe an Husband when she was a Maide may she therefore doe it when she is a Wife Admitting that His Majesty were elected in His Predecessors yea or in His own Person for him and His Heires is this Power therefore either the lesse absolute or lesse perpetuall Admitting that before election we had power to covenant yea or condition by what Laws we would be governed had we therefore power to condition that they should be no longer Laws then they listed us This were to make our Soveraigne not a great and glorious King but a plain Christmasse Lord or have we therefore Power still to raise Arms to alter the Laws by force without Soveraigne Authority This seems to be the Observers main Scope but the conclusion is so odious as which hath ever been confessed Treason and the consequence so miserably weak that he is glad to deale altogether Enthemematically Thirdly admitting and granting that the last exercise or execution of Power that is the posse commitatus or Regni is in the People is the right also in the People or from the People Excuse us if we rather give credit to our Saviour Thou could'st have no Power at all against me except it were given thee from above If Pilate had his Power from Heaven we may conclude strongly for King Charles Nil dat quod non habet some power the People qua talis never had as power of Life and Death it is the peculiar right of God and his Vicegerents Put the case the King grants to a Corporation such and such Magistrates with power also to them to elect new magistrates which yet holds but somtimes from whom do those Magistrates hold their power not from the
Romans and so according to your position it is established by God can the People or the Major part without grosse Treason attempt to dethrone this King or send him a writ of ease They that are so zealous in Religion to have every thing ordered according to the expresse word of God let them shew but one Text where ever God did give this Power to Subjects to reduce their Soveraignes to order by Arms. If this were so Kings were in a miserable condition Consider the present Estate of Christendome what King hath not Subjects of sundry Communions and Professions in point of Religion upon these mens grounds he must be a Tyrant to one party or more Moses seemed a Tyrant to Korah and his rebellious Company Queen Elizabeth and King Iames did seem Tyrants to Squire Parry Sommervill and the Powder-Traytors Licurgus of whom Apollo once doubted whether he should be numbred among the Gods or Men was well neere stoned and had his eyes put out in a popular tumult Thus Barabbas may be absolved and the King of Kings condemned What Divellish Plots would this Doctrine presently raise if it were received what murthers and assassinates would it â—…sher into the World especially considering that the worst men are most commonly active in this kind to whom nothing doth more discommend a King then his Justice Observer As for the finall Cause of Regall Authority I doe not find any thing in the Kings papers denying that the same people is the finall which is the efficient cause of it indeed it were strange if the People in subjecting it selfe to command should aime at any thing but their own good in the first and last place T is true according to Machavills Politicks Princes ought to aime at greatnesse not in but â—…ver their Subjects and for the atchieving of the same they ought to propose to themselves no greater good then the spoyling and breaking the spirits of their subjects nor no greater mischiefe then common Freedome neither ought they to promote and cherish any servants but such as are most fit for rapine and oppression nor depresse and prosecute any as Enemies but such as are gracious with the populacy for noble and gallant acts And a little after His Dignity was erected to preserve the Commonalty the Commonalty was not created for his Service and that which is the end is farre more valuable in Nature and Policy then that which is the means Answer Still this Discourse runs upon elective Kingdoms As for those which have had other originalls here is a deep silence sâ—…is tu simulâ—…e â—…upressum quid hoc you can paint a Cypresse Tree but what is this to the purpose Let it be admitted that in such Monarchies the aime of the People is their own Protection Concord and Tranquillity Rulers are the Ministers of God for our good so on the other side Soveraigne Princes have their ends also who feedeth a flock and eateth not of the milke thereof So there are mutuall ends and these ends on both sides are lawfull and good so long as they are consonant to the rules of Justice And though Prince and People doe principally intend their own respective good yet it were folly to imagine to atteine to such high ends of such consequence and concernment without the mixture of some Dangers Difficulties Troubles and Inconveniences as Saint Ambrose saith that since the fall of Adam thornes often grow without roses but no true roses without thorns we must take the rose with the thorn the one with the other in good part for better for worse fructus transit cum onere the benefit passeth with the burthen If we can purchase tranquillity which we intend with Obedience and Subjection which we must undergoe we have no cause to complain of the bargain It is a most wretched Government where one reall suffering is not compensated with ten benefits and blessings Again this publicke good of the people is to use your own phrase either singulorum or universorum publicke or private of particular Subjects or of the whole Common-wealth howsoever the actuall intentions of individuall Members of a Society may aime at the private yet when these two are inconsistent as sometimes it falls ouâ—… a good Governour must preferr the publick and particular Members must not grumble to suffer for the generall good of the Body Politick But you say the end is farr more honourable then the meanes and the Preservation of the Commonalty is the end of Regall Dignity True but this preservation must be understood sub modo according to Law which is not alterable at the discretion of humorous Men but with the concurrence both of King and Subjects Likewise this is to be understood where the ends are not mutuall as here they are the King for the People and the People for the King and where the end is not partiall but adaequate as this is not Lastly the end is more valuable how qua finis as it is the end in the intention of the efficient not alwayes in the nâ—…ture of the thing If the Observer had argued thus the publicke Tranquillity of King and People is the end of Government therefore more valuable hiâ—… inference had been good but as he argues now it is a meere Paralogisme which I will clear by some instances The Tutor is elected for the preservation of his Pupâ—…ll yet the Pupill qua talis is lesse honourable The Angells are Ministring Spirits for the good of Man-kinde are men therefore more honourable then Angells The Redemption of the World is the end of Christs Incarnation is the World therefore more excellent then Christ Whether the Observer cite Machiavell true or false I neither know nor regard Such a Character might fit Caesar Borgias a new Intruder but not King Charles who derives his Royalty from above an hundred Kingly Predecessors whom Malice itselfe cannot charge with one drop of guiltlesse Blood nor with the teare of an innocent such a Prince as Vespaâ—…ian of whom it is said that justis suppliciis illâ—…chrimavit ingemuit But I offer two issues to the Observer out of these words of Machiavell if he please to accept the challenge First that more Noble Worthies have been cruâ—…hed to nothing by the insolency of the People proportion for proportion then by the Power of Kings As in Athens for instance Socrates Aristides Themistocles Alcibiades and many more The Second that gallant and veruous Actioâ—…s doe not more often ingratiate men with the People then a rouling tongue a precipitate head vain glorious Profusion oily Insinuations feined Devotions Sufferings though deserved from Superiâ—…rs and above all opposition to the present Staâ—… So that he that is a Favorite to the King is ipso facto hated by the People or the major Part â—…nd to be sleighted by the Prince is frequently a reâ—…y way to be honoured by the People Iudas of â—…lilee was a great Favorite of the Commons how did he indeare
to themselves and the King is not so much interested iâ—… it as themselves t is more inconvenienâ—…e and injuâ—…ice to deny then grant it what blame is it the 〈◊〉 Prinâ—…es when they will pretend reluctance of Conscience and Reason in things behâ—…vefull for the People Answer That which His Majesty saith that a Man may not goe against the Dictâ—…te of Hi own Conscience is so certain that no Man that hath his eyes in his head can deny it The Scripture is plain he that doubteth is damned if he eate because he eateth not of Faith for whatsoever is not of Faith is Sinne. Reason is as evident that all circumstances must concurre to make an action good but one single defect doth make it evill Now seeing the approbation of Conscience is required to every good action the want thereof makes it unlawfull nor simply in it selfe but relatively huic hic nunc to this Person at this time in this place Therefore all Divines doe agree in the case of a scrupulous Conscience that where a Man is bound by positive Law to doe any Act and yet is forbidden by the Dictates of his own Conscience to do it he must first reform his understanding and then perform obedience And this in case where a thing already is determined by positive Law but in His Majestyes case where the question is not of Obedience to a Law already constituted and established but of the free election or assenting to a new Law before it be enacted it holds much more strongly But yet this is not all there is a third obligation a threefold cord is not easily broken Take one instance the King iâ—…â—…nd by His Coronation oath to defend the Church to preserve to the Clergy all Canonicall Privileges the free franchises granted to them by the glorious King Saint Edward and other Kings Now suppose such a Bill should be tendred to His Majesty to deprive them of their temporall goods as was tendred to Henry the fourth in that Parliament called the Lay Parliament suppose that His Majesty is very sensible of the obligaon of His Oath but sees no ground of dispensation with his oath the Clergy as then Thomas Arundell Arch-Bishop of Canterbury are his Remembrancers and consent not to any alteration what should a King doe in this case in the one â—…cale there is Law Conscience and Oath in the other the tender respect which he beares to a great part yet but a part of his people I presume not to determine but our Chroniclers tell us what was the event then That his Majesty resolved to leave the Church in as good State or better then he found it That the Knights confessed their error and desired forgivenesse of the same Arch-Bishop That when the same motion was renewed after in the same year of his Raigne the King commanded them that from thenceforth they should not presume to move any such matter Even as his Predecessor Richard the second in the very like case had commanded the same Bill to be cancelled Kings then did conceive themselves to have a negative voice and that they were not bound by the votes of their great Councell These grounds being laid the Observers instances will melt away like Winter ice First the Oath and obligation is visible and certain but the dispensation or necessityof alteration is invisible and uncertain Secondly the rule that a man may not contradict his own Conscience for the advise of any Counseller is universall and holds not onely in actions judiciary whether sole or sociall but generally in all the actions of a Mans Life Thirdly the understanding is the sole Judge or Directer of the will the sin of Pilate was not to contradict Revelations which he never had but for fear of complaints and out of a desire to apply himselfe to an inraged Multitude to condemne an innocent Person The â—…bservers instance in the Earle of Strafford might well â—…ave been omitted as tending to no purpose unlesse 〈◊〉 be to shew his inhumanity and despight to the dead â—…shes of a Man who whilest he was living might â—…ave answered a wâ—…ole Legion of Observers and at â—…is death by his voluntary submission and his owne â—…etition to His Majesty did endeavour to clear this â—…oubt and remove these scruples Take the case as â—…he Observer states it yet justice is satisfied by his â—…eath and if it were otherwise yet it is not meet for â—…im or me for to argue of what is done by His Majesty â—…r the great Councell of the Kingdom That rancour â—…s deep which pursues a Man into another World But where the Observer addes That His Majesty was not the sole Judge and that he was uncapâ—…ble of sitting Judge at all I conceive he is much mistaken His Majesty may be Authoritative Judge where he doth not personally sit and the naming of a Delegate or High Steward to be a pronunciative Judge doth not exclude the principall The instance of a Judge giving sentence according to the major number of his Fellow Judges though contrary to his own opinion is altogether impertinent for this is the judgement of the whole Court not of the Person and might be declared by any one of the Bench as well as another Such a Judge is not an Authoritative Judge but proâ—…unciative onely neither can he make Law but declare it without any negative voice The other instance of a Juror concurring with the greater number of his Fellow Jurors contrary to his Conscience is altogether false and direct Perjury Neither of them are applicâ—…ble to Hiâ—… Majesty who 〈◊〉 powâ—…r both to execuâ—…e and pardon It is true necessiâ—…y of Stâ—…te justifies many thingâ—… which otherwise were inexcusable and it is as truâ—… that it is not lawfull to doe evill that good may comâ—… of it His last assertion that where the People by publickâ—… authority will seek any inconvenience to themselves anâ—… the King is not as much interessed as themselves it 〈◊〉 more injustice to deny then grant it iâ—… repugnant to whaâ—… he saith a little after that if the People should be sâ—… unnaturall as to oppose their own prâ—…servation the Kinâ—… might use all possible meanes for their safety and mucâ—… more repugnant to the truth The King iâ—… the Father oâ—… his People he is a bad Father that if his Sonne askâ—… him a stone in stead of bread or a Scorpion in steaâ—… of a Fish will give it him That Heathen was mucâ—… wiser who prayed to Iupiter to give him good thingâ—… though he never opened his lippes for them and to withhold such things as were bad or prejudiciall though he petitioned never so earnestly for them Suppose the People should desire Liberty of Religioâ—… for all Sects should the King grant it who is constituted by God the Keeper of the two Tables Suppose they should desire the free exportation of Arms Monyes Sheep which they say Edward the fourth for a present private end granted to the Kings of Castile
may admit a greater latitude even to the execution of Laws especially where the Law is cleare the Fact notorious or evidently proved where Succession and the publicke are not concerned where the presence of the whole College is not so usefull or convenient and might rather incomber then expedite the businesse and all this more or lesse according to their certain Laws the severall constitutions of severall Churches alwayes reserving to the whole Body of the Clergy or those who by election or prescription do represent them the power of making and altering Laws and Canons Ecclesiasticall and to His Majesty His Royall power of assenting and confirming and to the representative Body of the Kingdome their power of receiving principally in cases of moment and likewise reserving to the Clergy either Rurall or Cathedrall according to their distinct capacityes their respective power of counselling consenting or concurring according to the constitutions of the Church and Laws and Customes of the Realme which as they are grounded upon naturall reason and equity so they are no way repugnant to the Law of God whereof there are yet some Footsteppes to be seen in our Ordinations our Deanes and Chapiters our Semestriall Synods c. And if these old neglected Observations were a little quickned and reduced to their primogenious temper and constitution perhaps it might remedy sundry inconveniences and adde a greater degree of Moderation and Authority to the Government of the Church Who can be so stupid a to imagine that the State and Church and People of Genevah at this day do not or may not give to the President of their Ecclesiasticall Senate a perpetuity of Government for his Life or inable him to execute some Ecclesiasticall Laws so farre as they shall see it to be expedient for the good of that Church and Commonwealth without swerving from the institution of Christ This might yet further be made plain by those comparisons and representations which 〈◊〉 and 〈◊〉 do bring of this Episcopall or Presidentiary power of a Consull in the Senate of a Praetor in the Court of a Provost in a College of a Steward in a Family They ought to looke upon him as their Superiour and Governor and be upon them as Brethren and Fellow-Elders This is that which our English Bishops claime whereunto they are intitled by the Fundamentall Laws of the Land How farre the power of the keyes of Ordination or Jurisdiction is appropriated or committed to them singly or joyntly by Divine Ordinance of which Subject great Authors upon great reasons have declared themselves yet in our case it is not so questionable where another Lawfull Right is certain and this clear satisfaction of Conscience they want who are so busy seeking after new devised forms of Ecclesiasticall Regiment And herein I may as justly admire the excellent temper of our Church Government asthe Observer doth of the Civill I hope it is not in either of us ut Pueri Iunonis avem As Boyes praise the Peacock with a desire to pluck his feathers The Clergy present the Bishops approve His Majesty confirmes the Parliament receives all parties have their concurrence so as no Man can be prejudiced without his own act If we alter this Frame we shall have a better in Heaven I fear not upon Earth So then we see that upon these very grounds which have been laide by the greatest Opposers of Bishops in this Age 1 there is a subordination of many Pastors to one President by Divine Ordinance 2 This Presidency or Superintendency or Episcopacy all is one may without violation of Divine Ordinance be setled upon one Man for his life 3 This Person so qualified hath a power essentially belonging to his place to rule and moderate the publick meetings and Actions of the Church yea to execute the decrees of the whole College 4 This executive power may receive a further latitude or extent from the positive Laws of Men. What is the result of all this but that as Presbyterate or the Office of a Priest Presbyter or Minister I shall wrangle with no man about a name whilest we agree upon the thing is of Divine institution yet neverthelesse there is something Humane annexed to it as for instance the Assignation of a single Pastor to a particular Parish which custome was first introduced by Evaristus long after Bishops were spread over the World so likewise Episcopacy it selfe is of Divine Right yet something may be added to it some extent of Power which is humane and yet very lawfull and expedient wherein every Church is to be its owne Judge If to this which hath been said of the Antiquity Universality Aptitude Security of this way c we shall adde that Ambrose Austin Chrisostome Cyprian Basile Athanasius and very many others the lights of their times were not onely Defenders of Episcopacy but Bishops themselves there can remain no scruple to us of this Nation what Church Regiment is to be desired But some do say why then doe sundry eminent Protestant Authors inveigh so much against Bishops I answer It is not simply against their Function but against the sloth of some for not preaching or the pride and Tyranny of some particular Persons and more especially it is against the Romish Bishops I might cite many Witnesses to make this as clear as the Sun take one of many Neque vero cum hoc dico â—…jus Tyrannidis eos Episcopos veram Christi Religioâ—… prositontes docentes intendâ—… absit a me tam imâ—…dens arrogantia Neither while I say these things doe â—…ccuse those Bishops of Tyranny which professe and teach â—…e true Religion of Christ Far be such impudent Arroâ—…nce from me And further he saith that they are to be knowledged observed reverenced as faithfull Pastors the Christian Church And in an Epistle to the â—…en Arch-Bishop of Canterbury he expresseth himâ—…fe that such invectives were never intended against â—…e Government of the English Church but against â—…ti-Christian Tyranny Secondly it is objected that they did put away Bishops I answer that some Reformed Churches were â—…der Bishops who were out of their Territories as â—…e Helvetian Churches under the Bishops of Conâ—…e others were under Bishops of another Comâ—…union as the French Churches others could not both â—…ntinue Bishops and bring in the Reformation of Reâ—…ion as the Church of Genevah others did retein â—…shops under the name of Superintendents because â—…e old name had been abused by the Psuâ—…do Episcopi or â—…se Bishops in the Church of Rome by the same â—…son we should neither use the name of Christ nor â—…postle nor Gospell nor Sacrament because there â—…ve been false Christs false Apostles false Gospels â—…se Sacraments lastly many reteined both the name â—…d the thing as the Churches of England Sweden 〈◊〉 And generally all Reformed Churcheâ—… were deâ—…ous to have reteined Episcopacy if the Bishops that â—…en were would have joyned with them in the Reformation This is evident for the Germane Churches by the
People who elect them but from the King who creates them Fourthly you tell us that the Power of a King is to have powerfull Subjects and to be powerfull in his Subjects not to be powerfull over his Subjects Your reason halts because it wants a caeteris paribus several Kings may have severall advantages of greatnesse The truth is neither many powerfull Subjects without obedience nor forced obedience without powerfull and loving Subjects dâ—… make a great and glorious King But the concatenation of Superiours and Inferiours in the Adaman tine bonds of Love and Duty When Subjects are affected as Scillurus would have his Sonns for concord as Scipio had his Souldiers for obedience which they prised above their lifes being ready to throw them selves from a Tower into the Sea at their Generallâ—… command this is both to be great in Subjects and over them The greatest Victoryes the greateâ—… Monarchyes are indebted for themselves to this lowly beginning of obedience It is not to be a King of Kings nor a King of slaves nor a King of Devills you may remember to whom that was applied but to be the King of Hearts and Hands and Subjects of many rich loving and dutifull Subjects that makes a powerfull Prince As for the present puissance of France can you tell in what Kings Reigne it was greater since Charlemaine Neverthelesse admitting that the Peasants in France as you are pleased to call them suffer much yet nothing neare so much as they have done in seditious times when Civill Warrâ—… raged among them when their Kings had lesse power over them which is our case now God blesse us from Tvrany but more from Sedition If the Subjects of France be Peasants and the Subjects of Germany be Princes God send us Englishmen to keep a mean between both extremes which our Fore-Fathers found most expedient for all parties Observer But thus we see that Power is but secondary and derivative in Princes the Fountain and efficient cause is the People and from hence the inference is just the King though he be singulis Major yet is he universis Minor for if the People be the true efficient cause of Power it is a Rule in Nature quicquid efficit tale est magis tale And hence it appears that at the founding of authorities when the consent of Societies conveyes rule into such and such Hands it may ordaine what conditions and prefix what bounds it pleases and that no dissolution ought to be thereof but by the same power by which it had its Constitution Answer Thus we see your Premisses are weake and naught your argument proceeds from the staffe to the corner and your whole discourse is a Rope of Sand. First your ground-work that the People is the Fountain and efficient of Power totters and is not universally true Power in the abstract is not at all Power in the concrete is but sometimes from the People which is rather the application of power then Power itselfe Next your inference from hence which in this place you call just and a little after say that nothing is more known or assented unto that the King is singulis major but universis minor greater then any of his Subjects singly considered but lesse then the whole collected Body is neither just nor known nor assented unto unlesse in that Body you include His Majesty as a principall Member And yet if that should be granted you before it would doe you any good these universi or this whole Body must be reduced to the Major or greater part and this diffused and essentiall Body must be contracted to a representative Body unlesse we may believe your new Learning that the Essentiall and Representative Body are both one But waving all these advantages tell me Sir might you be perswaded to follow Licurgus his advise to try this Discipline at home before you offer it to the Commonwealth could you be contented that all your Servants together or the Major part of them had power to turne you out of your Mastership and place your Steward in your roome or your Children in like case depose you from your Fatherhood No I warrant you the case would soone be altered And when the greatest part of the sheep dislike their Sheepheard must be presently put up his Pipes and be packing Take heed what you doe for if the People be greater then the King it is no more a Monarchy but a Democracy Hitherto the Christian World hath believed that the King is post Deum secundus the next to God solo Deo minor onely lesse then God no Person no Body Politick between that he is Vicarius Dei Gods Vicegerent The Scriptures say that Kings reigne not over Persons but Nations that Kings were anointed over Israell not Israelites onely Saul is called the head of the Tribes of Israell Our Laws are plain we have all sworn that the Kings Highnesse is the onely Supreme head if Supreme then not subordinate if onely Supreme then not coordinate and Governour of this Realme His Highnesse is Supreame Governour that is in his Person in his Chamber as well as in his Court The ancient Courts of England were no other then the Kings very Chamber and moveable with him from place to place whence they have their name of Courts Supreme Governour of this Realme collectively and not onely of particular and individuall Subjects In all causes and over all Persons then in Parliament and out of Parliament Parliaments doe not alwayes sit many Causes are heard many Persons questioned many Oaths of Allegiance administred between Parliament and Parliament The same Oath binds us to defend him against all conspiracies and attempts whatsoever which shall be made against his Person or Crown to defend him much more therefore not to offend him against all Conspiracies and Attempts whatsoever that Oath which binds us to defend him against all attempts whatsoever presupposeth that no attempt against him can be justified by Law whether these attempts be against his Person or his Crown It will not serve the turn to distinguish between his Person and his Office for both the Person and the Office are included in the Oath Let every Subject lay his hand upon his heart and compare his Actions with this Oath in the fear of God When the great representative Body of Parliament are assembled they are yet but his great Councell not Commanders He calls them he dissolves them they doe not choose so much as a Speaker without his approbation and when he is chosen he prayes His Majesty to interpose his Authority and command them to proceed to a second choise plane propter modestiam sed nunquid contra veritatem The Speakers first request is for the Liberties and Priviledges of the House His Majesty is the fountain from which they flow When they even both Houses do speak to him it is not by way of mandate but humble Petition as thus most humbly beseech your most excellent Majesty your faithfull and
not yet ten yeares after this 1471 King Henry is admitted King by Parliament again and King Edward attainted of High Treason declared an Usurper and the Crown intailed upon King Henry and his Heires Males and for want of such issue to George of Clarence and his Heires But this lasted but a while disinherited Edward and Clarence are reconciled and the very next Yeare Edward is Crowned again and received King in Parliament You see here Signa pares aquilas peila minantia peilis Parliaments against Parliaments and this in that very question which you say is properly to be judged by Parliament who is the right King When the election is not of a particular person and his Heires but of a Person and his Family so as the People have liberty to elect whom they please of that stock as it was long since in Scotland till it was rescinded by Act of Parliament to take away those storms of discord and Faction which it raised The Parliament was the most proper Judge who should succeed but where the Crown is hereditary there needs little question of the right Heire which for the most part every Country Man knows as well as the great Councell of the Kingdome How easily were Queens raised and deposed in Henry the eights time by Authority of Parliament Adde to this with what facillity Religion was reformed in part by Henry the eight more by Edward the sixt altered by Queeen Mary restored again by Queen Elizabeth all this by Authority of Parliament within the compasse of a few yeares and it will evidently appear out of all that hath been said that Parliaments are not excepted from the defects of all humane Societyes Nescience Ignorance Feare Hope Favour Envy Selfe-love and the like That they may erre both in matters of Fact and in point of Right That it is the incommunicable property of God alone to be the same Yesterday to Day and for Ever That though we owe a tender respect to Parliaments yet we may not follow their directions as infallible nor resolve our reason into their meere Authority as if their sole advice or command were a sufficient ground for our actions which is the maine scope which this Iehu our Observer doth so furiously drive at in all his writings That no evill is to be presumed of the representative Body of the Kingdom And so farre he is right it ought not indeed to be presumed without proofe But he goes further that it may not be supposed or admitted It is of dangerous consequence to suppose that Parliaments will do any injustice it looseth one of the firmest sinews of Law to admit it But such Communities can have no private ends What had the Shechemites by the suggestion of a worthy Member of their Citty Or the Brethren of Ioseph If any Man boggle at it may he not be overvoted or overawed as Reuben was What ends had the Romans when they made that arbitriment quod in medio est populo Romano adjudicetur What had the whole Citty of Ephesâ—… being perswaded by Demetrius and his Craftsmen that there was a strange plot against Diana The High Priests and Scribes and Elders and if you adde to these Pilate Iudas the Souldiers and the Divell all had their private ends The High Priests and Elders to satisfy their envy Pilate to keep his place Iudas to get the thirty pieceâ—… the Souldiers for Christs Garments yet all these concurred in a generall designe to take away Câ—…rist Which shews us thus much That a Community may have private ends yea and contrary ends all teâ—…ding to mischief though upon contrary grounds and yet all agree well enough so long as they keep themselves in a negative or destructive way I intend these instances no further then to shew the weaknesse of the Observers grounds Parliaments are more venerable yet till this corruptible have put on incorruption private ends will seek to crowde into the best Societyes When a Bill was tendred to Richard the second to take away the temporalties of the Clergy there was old sharing And Thomas Walsingham saith he himselfe did heare one of the Knights sweare deeply that he would have a thousand marks by year out of the Abby of Saint Albons The very like Bill was put up to King Henry the fowerth with this motive or addition That those temporall Possessions would suffice to find an hundred and fifty Earles fifteen hundred Knights six thousand and two hundred Esquires and an hundred Hospitalls more then there was in the Kingdome it had been a great oversight if they had not stuck down a few feathers Do you not see private ends in those dayes but even then they found themselves mistaken in their accounts And now when the Lord Verulam and sundry others of our most eminent Countrymen have acknowledged I have heard the very same froâ—… Sir Edâ—… Sands that all the Parliamentâ—… since the 27. and 31. of King Henry the eight seem in some sort â—…o stand obnoxious and obliged to God in Conscieâ—… to 〈◊〉 somewhat for the Church to reduce the Patrimony thereof to a competency Now I say when the Temporaltyes of the Clergy are so inconsiderable in comparison of the Honour of the Nation and the Order of the Church and so unable to satisfy the appetite and expectation of 〈◊〉 in so much as I dare speak it confidently that all the Temporaltyes of the Arch-Bishops Bishops Deanes Arch-Deacons Deanes and Chapâ—…ers Prebenâ—… Petty Canons Vicars Chorall which are recited in folio to make a shew and of all the Ecclesiasticall Dignitaâ—…yes and Corporationâ—… whatsoever let them take Masters of Hospitalls in to booâ—… except the two Universityes and 〈◊〉 of Benefices with cure do not all amount in penny rent to the Revenues of some two Earles Such a proposition seems now to be much more unseasonable then it was then yet even then the Bill was commanded by the King to be cancelled I confesse the true and uttermost value may be double or triple to this but what is redundant above the rent is in the hands of the Gentry and Commons who will think much to lose either their Interest or Tenent-right I confesse likewise that besides their Temporaltyes they have Spiritualtyes consisting of Tithes and Oblations but to think of taking these away also will highly displease their Leaders of the old Edition Heare the humble 〈◊〉 It is the duty of the Commonwealth to convert those things which by their foundation were meant to the service of God to that very use that Reformation be not rather thought a baite to feed our bellyes then to proceed of godly zeal He calls it a plaine mockery of God a scorn of Godlinesse the most Divellish Policy in the World that upon pretence to further Gods Service Men should rob and ransack the Church To the same purpose Mr. Cartwright This is our meaning not that these goods should be turned from the Possession of the Church to the filling
discover I would every Englishman had it ingraven in his forehead how he stands affected to the Commonwealth We Beetles did see no signes of civill Warre but all of Peace and Tranquillity but the Observer and his Confederates being privy to their own plots to introduce by the sword a new form of Government both into State and Church might easily foresee that they should stand in need of all the strength both in Hull and Hell and Hallifax to second them whereof yet all true Englishmen do acquit the Parliament in their hearts desires though the Observer be still at his old ward shuffling Sir Iohn Hotham out and the Parliament in so changing the state of the question But what weight that consideration hath follows in his next and last Allegation Sir John Hotham is to be looked on as the Actor the Parliament as the Author in holding Hull And therefore it is much wondred at that the King seems more violent against the Actor then the Author but through the Actor the Author must needs be pierced c. And if the Parliament be not virtually the whole Kingdome it selfe If it be not the Supreme Iudicature as well in matters of State is matters of Law If it be not the great Councell of the Kingdome as well as of the King to whom it belongeth by the consent of all Nations to provide in extraordinary cases Ne quid detrimenti capiat Respublica Let the brand of Treason stick upon it Nay if the Parliament would have used this forcible means unlesse petitioning would not have prevailed or if the grounds of their Iealousie were meerly vain or if the Iealousie of a whole Kingdome can be counted vain Let the reward of Treason be their guierdon Hitherto the Observer like the wily Fox hath used all his sleights to frustrate the pursuit of the Hounds but seeing all his fetches prove in vain he now begins to act the Catte and flyes to his one great helpe to leape up into a Tree that is the Authority of Parliament ut lapsu graviore ruat that he may catch a greater fall By the way the Observer forgets how the King is pierced through the sides of Malignant Counsellers Three things are principally here considerâ—…ble First whether Sir Iohn Hotham had any such Command or Commission from the Parliament Secondly if he had whether he ought to have produced it Thirdly supposing he both had it and produced it whether it be valid against His Majesty or whether an illegall Command do justifie a Rebellious Act. To the first of these I take it for granted That a Commission or an Ordinance for Sir Iohn to be a meer Governour of Hull doth not extend to the Exclusion of His Majesty ouâ—… of Hull nor Warrant Sir John to shut the Gares against His Soveraign if it did every Governour might do the same and subordinate Command might trample upon Supreme Neither can a posteriour approbation warrant a precedent excesse for this is not to authorise but to pardon the sole power whereof is acknowledged to be in His Majesty without any sharers To the first question therefore the answer is Sir John Hotham had no such Warrant or Commission from the Parliament He himselfe confessed That he had no positive or particular Order How should he know of His Majesties comming by instinct or a Propheticall Spirit A negative can not ought not to be proved the proofe rests whollyon Sir Johns side and can be no other then by producing the Ordinance it selfe or his instrument whereby he can receive the sense of the House from Westminster to Hull in an instant If he have not a precedent Ordinance to shew it is in vain to pretend the Authority of Parliament To the second question Admitting but not granting that he had such an Ordinance whether could it be availeable to him being not produced when it was called for and demanded so often by His Majesty De non apparentibus non existentibus eadem est ratio Whether there was no such Ordinance or no such Ordinance did appeare is all one both in Law and reason He that can reade and will not make use of his Clergy suffers justly He that hath a Warrant and will not produce it may cry Nemo laeditur nisi a seipso No Man is hurt but by himselfe A known Officer so long as he keeps himselfe within the sphere of his own activity is a Warrant of himselfe But he that it imployed extraordinarily or transcends the bounds of Common Power must produce his Authority or take what falls Sir John hath not yet gained so much credit that his ipse dixit his word should be a sufficient proofe or his Testimony in his own case taken for an Oracle Thirdly admitting that Sir John had such an Ordinance and likewise that he did produce it for if we admit neither he can prove neither yet the question is how valid this Ordinance may be as to this act I doubt not at all of the Power of Parliament that is a compleat Parliament where the King and both Houses doe concurre but an ordinance without the King against the King alters the case this may have the Authority of both Houses perhaps but not of a complete Parliament Secondly the Power of both Houses is great especially of the Lords as they are the Kings Great Councell and in that relation are the Supreme Judicature of the Kingdome but before the Observer said it I never thought the Commons did challenge any share of this Judicature except over their own Members or preparatory to the Lords or that they had power to administer an Oath which the Apostle saith is the end of all strife who ever knew any Judicature without power to give an Oath This makes the Observers new devise of the people meeting in their underived Majesty to doe justice a transparent fiction It is not the Commons but the Lords or the Kings Councell that challenge Supreme Judicature But take both Houses with that latitude of Power which they have either joyntly or severally yet His Majesty saith they have no power over the Militia of the Kingdome or over his Forts or Magazines he avoucheth for it the Common Law Statute Law Presidents Prescriptions we have not yet heard them answered nor so much as one instance since the beginning of this Monarchy given for a president of such an Ordinance or of any new Ordinance binding to the Kingdom without his Majestyes concurrence in Person or by Commission If the Observer have any Law or President or Case he may do well to produce it if he have none he may sit down hold his peace his remote inconsequent consequences drawn from the Law of Nature are neither true nor pertinent Yet I never heard that Sir Iohn did allege any authority from the House of the Lords but from the House of Commons onely This brings the Parliament still into a straiter roome as if it were totum homogeneum every part to