is usurped and not just yet whilst it remaines dominion and till it be legally againe devested refers to God as to it's author and donor as much as that which is haereditary Usurpation unjust dominion can give no right to the possessor he that looses a kingdome by force may recover it by the same title So Athalia in the seventh yeare of her raigne was slaine by the command of Iehoida and Joash anointed King 2. King 11. and restored to his right He must againe answer him selfe pag. 3. he tells us Neither can the right of conquest be pleaded to acquit Princes c. for meere force cannot alter the course of nature or frustrate the tenour of law and if it could there were more reason why the people might justifie force to regaine due liberty then the Prince might to subvert the same And 't is a shamefull stupidity in any man to think that our Ancestors did not fight more nobly for their free customes and lawes of which the conquerour and his successors had in part disinherited them by violence and perjury then they which put them to such conflicts Is it not a cleare contradiction to say that God is the author and Donor of Dominion usurped and not just as well as of that which is haereditary Certainly God being Lord Proprietary of all his donation transfers a full right to him on whom he bestowes it This deed of guift being knowne it is not lawfull to endeavour a recovery This was the case of Rehoboam who after the defection of ten tribes raised an army out of Judah and the tribe of Benjamin in hopes to reduce them to obedience But he was warned by Shemajah the man of God not to fight against his brethren not because it was unlawfull in it selfe or the successe improbable but for that this was from the Lord. 2. Kin. 12. As this was not setting aside that extraordinary consideration unlawfull So neither was it as he is pleased to terme it a ridiculous attempt to indeavour to reduce ten tribes by the strength of two For he had raised an army consisting of one hundred and fourescore thousand chosen men v. 21. which were warriers And it may probably be collected from the muster roll which Ioab brought in to David where the men of Iudah were 500000 2. Sam. 24.9 that those two tribes were able to furnish an army strong enough to bid all Jsraell battell Besides as he had lost them only by harsh language so he might hope to regain them by faire promises It may be not unworthy our observation what good consequences did attend the defection of these ten tribes Did they not presently fall away from the true God as well as their King and were they not shortly after led into captivity This we must observe though force be not law yet if after conquest a people resigne their right in part or in whole by a subsequent act of consent they are obliged to stand to those conditions which they made perchance out of a probable feare of harder usage For the law of God generally L. si mulier D. quod me t. cau and the civill law in this case makes the Act binding That covenants should not be violated will appeare by the revenge God took in behalfe of the Gibeonites The children of Israell suffered three yeares famine and after this seven of Sauls sonnes were hanged to make an atonement for this breach of promise Notwithstanding the Gibeonites had overreached the Children of Jsraell by craft yet they having sworne were bound to performe their oath unto the Lord. Doli exceptio could not take of this obligation That they were deceived gave no right to them to imitate what they condemned and to deceive againe Thus we see what speciall care God takes to preserve the faith of contracts He will returne abundantly what any mans honesty costs him and therefore it is great reason he that sweareth to his neighbour should not disappoint him though it be to his own hindrance After some generall truths he comes to this issue The fountaine and efficient cause of power is the people and from hence the inference is just the King though he be singulis major yet he is universis minor This inference most weak the quite contrary may clearly be concluded The people being the efficient cause of power which can be no other way but by deriving their divided power and uniting it in him since they cannot retaine what they have parted with nor have what they gave away it follows he which hath all their power I may adde his own particular besides must needs be greater and more powerfull then they The truth is he is now the only fountaine of all power and justice But he offers us a proofe for if the people be the true efficient cause of power it is a rule in nature Quicquid efficit tale est magis tale Strange that men upon such palpable sophistry should endeavour to cast of Monarchy He will be unwilling to follow the consequence of it He hath an estate which no question he would willingly improve let him bestow it upon me he will make me rich and himselfe richer For Quicquid efficit tale est magis tale I believe rather then part with his meanes he will finde an answer to his own argument By the same reason one that entreth into his service because he hath made him his master shall conclude himselfe the better man and challenge power over him For Quicquid â—fficit tale est magis tale But because to prove his reasoning absurd is not fully to answer I will shew the ground of this fallacy The axiome is true ante effectum productum not alwaies after So a sparke firing a City was once more fire then the houses nor so after the whole towne is become one flame or else thus it is true in those agents in whom the quality by which they operate is inherent and from whom it cannot be seperated not true in those who by way of donation devest themselves of power or wealth Because a thing can not retaine a fullnesse after it hath emptied it selfe Jf the King be universis minor then the people have placed a King not over but under them and they doe â—ll to petition when they might command they may require it from the Prince their Subject Hence it appeares that at the founding of authorities when the consent of societies convaies rule into such and such hands it may ordain what conditions and prefix what bounds it pleases This is most true and therefore J shall easily grant the name King to signifie a person invested with different power according to the varietie of lawes in severall nations His Majesty doth most freely acknowledge and will constantly maintain what ever rights the law doth give us yet He is not bound to betray his own The truth is we should be equally miserable under either extreme if the Kings prerogative should
slavery Besides what can he propose to himselfe The people will give more then can be forced from them so he looses by it and then how much doth he hazard against lesse then nothing He hath least reason to break the lawes willfully because he injoyes most by them and experience having shew'd the benefit of observing them and the ill of the contrary He cannot but doubt the People would fail of their duty if he doe in performance of trust and cast of the bond of obedience if he doe that of Protection These things duly weighed render that malice inexcuseable which hath long time exercised the people with most unreasonable feares of lands and liberty and Religion being in danger and this notwithstanding the King 's many sacred Protestations to the contrary before God and all the world and the whole course of his proceedings which evidently tend to the securing all Now I think it doth fully appeare that the doctrine of that Remonstrance laid down by His Majesty by way of recapitulation in seven positions is most justly offensive being such as doth threaten ruine to both Church and State not permitting us either to obey the King or serve God as we ought 1. That the Parliament has an absolute indisputable power of declaring Law so that all the right of King and People depends upon their pleasure This power must rest in them or in the King or in some inferior Court or else all suits must be endlesse and it can no where rest more safely then in Parliament The two Houses are not the Parliament The subject of such power is the intire body which consists of three estates Some things are cleare and evident in Law and want no declarer if otherwise all the Subjects right would lye in the brest of the Iudge If the two Houses should Vote younger Brothers ought to inherite by the Law of England could this destroy the right of the first born 2. That Parliaments are bound to no Presidents Statutes are not binding to them why then should Presidents yet there is no obligation stronger then the Justice and Honour of a Parliament This is an excellent ground to justifie their innocence against all the world For if they can make it appeare they are not bound to keepe any law no man can accuse them for the breach of any What obligation can justice lay on them who by astrange vertue of representation are not capable of doing wrong It will become justice because they did it when he hath declared what Honour is I shall be able to judge of that bond it may perchance not stand with their honour not to be able to prove men guilty after they have once accused and imprisoned them Statutes stand in full force to the two Houses as being not voyd till repealed by a joynt consent of all the Estates 3. That they are Parliaments and may judge of publique necessity without the King and dispose of any thing They may not desert the King but being deserted by the King when the Kingdome is in distresse they may judge of that distresse and relieve it and are to be accompted by the vertue of Representation as the whole body of the State To dissent after he hath granted what ever can in reason be desired is not to desert the Houses Upon pretence of distresse to take illegall courses is as if they should perswade us we are not in health and therefore they must breake our heads to forward our recovery They represent the people to some purposes not the King to any and therefore are but a part of the State 4. That no member of Parliament ought to be troubled for Treason c. without leave This is intended of suspicion only and when leave may seasonably be bad and when competent accusers appeare not in the impeachment If by suspicions be meant only a bare not considing in this in justice cannot be sufficient ground But upon Articles drawn and proofes in readinesse which it is not fit to produce while the accused partyes are at liberty they may be medled with for designes of this nature may brook no delay because it might prove dangerous to the King's safety or at least afford them liberty to escape If the Houses being adjourned were not able to give consent or upon too much confidence should not be willing hath not the Law provided in such a case for triall of Treason 5. That the soveraigne power resides in both Houses of Parliament the King having no negative voyce This power is not claimed as ordinary nor to any purpose but to save the Kingdom from ruine and in case where the King is so seduced as that be proferres dangerous men and prosequutes his loyall Subjects Not as ordinary that is they will only be King's as long as they please and when they are weary of Reigning the Kingdome shall be out of danger and then it shall be his turne to command againe To save it from ruine the Law hath better provided for the Peoples safety by prohibiting all illegall executions of power grounded upon what specious pretences soever And in case where the King is seduced that is when he is not so wise as he should be because he does not think as they doe and refuses to satisfy the humors and interests of some And prefers this seems to be the true cause of all preferments doe not goe the right way dangerous men i. e. such as desire he should govern according to the known Lawes of the Land And prosequutes his loyall Subjects i. e. is driven from London to Yorke where He long time patiently expected the undeceiving of His People 6. That leavying Forces against the personall commands of the King though accompanyed with his presence is not leavying warre against the King but warr against his Authority though not Person is warre against the King If this were not so the Parliament seeing a seduced King ruining himselfe and the Kingdom could not save both but must stand and look on It is against common sense to fancy a King ruining Himselfe and Kingdom He can neither be willing nor able Upon a mad supposall mad consequences will follow 7. That according to some Parliaments they may depose Kings 'T is denyed that any King was deposed by a free Parliament fairely elected This is most certain but takes not off those words upon which this Proposition is grounded These might well have been omitted as being more fully handled in the book But least he should complaine any thing was past over I chose by a short review to be his remembrancer The Propositions collected out of His Majesties Declarations are but the brief of his Observations to all which I have already spoken To conclude if the people hearken to reason they must needs think His Majesty will be more ready to prevent all reall danger then any Subject whatsoever because He is sure to beare the greatest share in the losse It alwaies was the master Policy amongst the wisest Legislators to grant to them the greatest power of government to whom the preservation of the present state would be most beneficiall because their private interests were the same with the publique from which if they swarv'd by error or misinformation their own disadvantage did soon appeare FINIS
committed so many outrages and such high injustice that Theramenes one of their own body one of the thirty professed his publique dislike of those proceedings Then was he accused as a Traitor to them and though it was a priviledge of the three thousand that none of them should suffer death by the sentence of the thirty but according to accustomed processe and tryall yet Critias wip't his name out of that number and so reduced him to their tryall Theramenes pleads for himselfe they ought to look upon his as a common case their names might as easily be blotted out he advises them to be very wary in making such a president which might ruine them and their posterity The issue was this Particular men being over-awed by their fears thought it their wisest way to hold their peace since if they should speak in his behalfe there was little hopes to redeeme him but great probability to ruine themselves So they chose rather to expose themselves to those future inconveniences which possibly might not come upon them then hazard a present danger By this advantage the Tyrants prevailed and condemned him to dye The things taken from the King at Hull were Armes which are of more danger then other kind of chattels By the same Law all that part of the Kingdom which is not confided in may be disarmed nay why may not their mony be taken too upon probable feare they may buy armes with it The Subject is in a miserable condition that is lyable to be undone as often as they please to be fearfull It is so farre from excusing it aggravates the fact to take away the Kings Armes that is the meanes whereby he may seize what ever else belongs unto His Majesty The Law of this Kingdom hath only intrusted the Prince with Armes so that the Subject ought not to be arraied trained and mustered but by His Commission But some determination must be supream and therefore either the Kings power and trust must be guided by the discretion of the Parliament or else the Parliament and all other Courts must be overruled by the Kings meer discretion No necessity of either For in cases of this nature which he confesses to be extraordinary if the King and Parliament dissent things must be at a stand and the Subject must be obedient to the ordinary Law The case of Ireland as it is laid down by His Majesty is unanswerable and therefore he is forced to extreme shifts being unable to say any thing materiall and yet unwilling to hold his peace England and Ireland are one and the same Dominion there is as true and intimate an union betwixt them as betwixt England and Wales If this were so Irish Barons would be English Peeres and English Peeres would have a right to vote in Irish Parliaments Besides all lawes here enacted would stand in full force in Ireland as they doe in the Kings dominion of Wales Though the major part should vote a thing yet if it be disliked here they would want authority to over-rule the thing so voted For the reason why the minor part in all suffrages subscribes to the major is that blood may not be shed for in probability the major part will prevaile This is a good reason for such a contract that the minor part should subscribe but after such agreement in States justice laies an obligation on them so to doe upon his grounds if the lesser part in Parliament though never so few can make it appeare the greater part of the Kingdom are of their opinion the major part ought to subscribe to the minor Nay if at any time the major part of Ireland joyning with the minor part of England make a major of the whole then the major part in our Parliament must sit downe He takes no notice of the other case suppose the malignant party should be a major part of both Houses which His Majesty shewes how very probably it might have been and were there a new election it is not impossible the Counties should send up the greater part of such men as he calls malignant would he think the King bound to consent to all such alterations as they should propose Some scattering reasons are laid down concerning the Militia which are but repetitions of what I have formerly answered A Faction is said to have prevailed upon a major part by cunning force absence or accident He argues thus against it if by cunning we must suppose the King's party in Parliament has lost all their Law policy and subtilty The reason why they are over-borne may be this not because they have lesse Law but more Honesty which will not permit them to maintain a good cause by ill meanes We all know in how great stead those piae fraudes holy falshoods and religious untruths stood the Church of Rome though there were such who laid down better reasons for the contrary opinions yet truth prevailed slowly and with a few only because the minds of most were craftily prepossest with prejudice against it begotten and nourished by fained stories The dispute proceeded upon very unequall termes for the Roman party gave themselves the liberty of taking all advantages whereas their adversaries were forced to betray a good cause out of meer ingenuity they had none of their side who could lye We ought to examine whether this policy work not at least in the beginning till a discovery of their falshoods is made and the people is undeceived the same effects in a civill State whether there are not such things as fraudes pretended to be reipublicae salutares which have so strong an influence on the understandings of many that they can submit to the votes of some who have insinuated themselves into their affections against the cleer reasons of others whom they have been taught causelesly to suspect How easy is it to deceive by giving in false informations of dangers from abroad If some more scrupulous then to be abused and led away by light reports inquire after the hand that they may judge of the probability of the intelligence according to the faith and credit of the relator they must be satisfied with this the informer desires his name should be concealed Pour l'eviterâ—le tiltre d'espion It cannot be by force because they have no army visible A thing is said in Law to be done by force not only when men actually suffer if they make use of their liberty and refuse to satisfy the passion and humor of some but then also when they have just grounds of feare for this works on the mind as strongly as the other on the body And therefore Seneca tells us stating this point of freedom vim majorem metum excipio quibus adhibitis electio perit and Cicero nec quicquam aequitati tam infestum est quà m convocati homines armati It remaines then we examine whether the names of many gentlemen were not openly read in tumults whether they were not posted with directions to
AN ANSWER TO A PRINTED BOOK INTITULED OBSERVATIONS UPON SOME OF HIS MAIESTIES LATE ANSWERS and Expresses Printed by His MAIESTIES Command AT OXFORD By LEONARD LICHFIELD Printer to the Vniversity 1642. AN ANSWER TO A PRINTED BOOKE INTITULED OBSERVATIONS Vpon some of His MAIESTIES late Answers and Expresses IN this discourse concerning Regall authority it is needlesse to wast time in declaring the originall since it is granted to be at least mediately from God Who intending the good of mankind which was not to be obtained without preservation of order hath therefore commanded all to be subject to the lawes of society not only for wrath but for conscience sake not only whil'st they enjoy the benefit of Governours but likewise whilst they doe suffer under some accidentall abuses The reason of which obligation may be this we cannot reap the constant fruits of an established policy unlesse by compact we submit our selves to some possible inconveniences Hence it follows after a people hath by solemne contract devested it selfe of that power which was primarily in them they cannot upon what pretence soever without manifest breach of divine ordinance and violation of publique faith resume that authority which they have placed in another to the end that being united in one it may thence receive strength be enabled to protect all as also to prevent those fatall divisions which attend multitudes endued with equall power where almost every one upon reall or fancyed injuries undertakes to right himselfe and although before positive constitution this is not absolutely unjust yet reason informes us it is most fit by some agreement to part with this native right in consideration of greater good and prevention of greater evills which will ensue and to restraine our selves from being judges in our own cause It followes moreover though the people should conceave they might live more happily if the Kings prerogative were more bounded his revenews diminished and it is no hard matter to perswade them to think so to effect this wants not so much rhetorique as malice since what is taken from the King turnes to their present profit though they oft-times dearely pay for it by disabling their King to provide for their security it were high sinne to entrench upon his rights For hereby they loosen the very sinewes of government by receding from that compact which crafty men out of their own private interests perswade them they might have made more advantagious It doth no way prejudice Regall authority that God is the author of Aristocraticall he may adde Democraticall power also If these were not lawfull formes of government their execution of judgement would be sinne and whilst they punish they would commit murder Yet in these kindes we may observe more or lesse perfection according to the aptnes they beare to those ends which States ayme at which are safety and plenty To haue riches and not be able to defend them is to expose our selves as a prey to be safe and poore is to be securely miserable Besides if we had leisure to look back to the Originall of Governments we might finde that God was the immediate donor of Regall power whereas other formes referre to him onely as confirming the peoples Act. This the Author cunningly dissembles and therefore treading in the steps of Mariana and Buchanan sworn enemies to Monarchy he presents us with J know not what rude multitudes living without lawes without government till such time as out of the sense of their sufferings which evidently proceeded from this want they were inforced to fly to such remedies However this fancy might passe for currant among such heathen Polititians as were ignorant of the originall of the world dreamed that the first men were bred as Insects out of the mud of the earth whence that frequent mention in their writings of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Aborigenes yet we who are satisfied with the history of the creation cannot imagine that Anarchy was before a regulated Government and that God who had digested one Chaos into order should leave the most noble creatures in a worse confusion unlesse we will deny to Adam either that power or providence which is naturall and ordinary in a father over his children and granted by this observer pag. 18. to be more then the King can challenge over his people We find in this infancy of the world upon the multiplying of mankinde Colonies were sent out and a City was built by Cain Those long lived Patriarchs had this advantage by begetting a numerous posterity they might people a Nation out of their own loynes and be saluted Patres patriae without a metaphor the same being their subjects and their children In relation to this it was properly said by the Ancients a Kingdome was but a larger family Aristotle tells us a Regall power belonged to the Paterfamilias and accordingly Homer I. 1. pol. c. 8. Odyssâ—◠〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So that it was then no more possible in right for such a people to choose their rulers then to choose their Fathers Thus Regall power sprang first from Paternall and Trogus made a truer observation then this author when he said Principio rerum as well as gentium nationumque imperium penes reges erat And therefore may challenge more from God nature then other formes of government and certainly it hath received larger elogies from God in Scripture then any other can pretend to To say nothing of the Kings of Israel who are confest by the adversary to be of divine institution very heathen Monarchs are acknowledged by God himselfe to be no lesse Where he calls Nebuchadrezzar his servant Ier. 43.10 and Cyrus his annointed Es 45.1 Notwithstanding this to the end I may give the clearest satisfaction I have thought it fit not to take advantage from the excellency of Monarchy whether in regard to its antiquity as being not much younger then man himselfe or the severall commodities thereof For the truth is it were no excuse for such endeavours of innovation were it the most imperfect governement I shall therefore take into consideration this Authors grounds in the method they lye upon which he would overthrow so ancient and well founded a monarchye His first exception is The King attributeth the originall of his Royalty to God and the Law making no mention of the grant consent or trust of man therein A groundles cavill wheÌ„ God is first named under what notion can be apprehend Law but as an agreement of the people deriving their power and committing the Kingdom to his trust within few lines he confutes himselfe telling us that Law which the King mentioneth is not to be understood to be any speciall ordinance sent from heaven by the ministery of Angels or Prophets as amongst the Iewes it sometimes was It can be nothing else amongst Christians but the pactions and agreements of such and such politique corporations if so he might have spared this observation That Dominion which
which pretends to take care of their safety His way of arguing is very plausible and seemeth to carry more strength because it worketh upon our understanding by our affection The summe is this in case of apparent and imminent danger the Peoples safety is not to be neglected they ought not to be exposed as a Prey to the enemy who if he take them unprovided will destroy them all therefore most fit they should be put into a posture of defence now none so fit Iudges of this apparent and imminent danger as the two Houses wherefore they to order this Militia So that it must be in their power to command Men raise Horses seize on all the Ammunition send for what supplies of mony they think necessary for repelling these dangers else they are not sufficiently enabled for that great work the peoples preservation Here we are falne back again into what we so much complained of Arbitrary power nor is the thing taken away but placed in another body all that we have gained is only this we shall not be beaten by the same hand Was not this the very case of Ship-mony upon supposall of a necessity and the Kingdom being in danger very fit to secure it and the people this cannot be done without money the danger will not allow the delay of asking the Subjects consent and going the ordinary way of Law therefore an extraordinary course them becomes legall and very reasonable it is the Subject should be content to part with some rather then loose all now who fitter to judge of this necessity then the King as being most fully informed by His advantage of intelligence from His Embassadors Agents c. of the designes of forraigne Princes and States To wind our selves out of this Labyrinth we will goe on those grounds on which they argued against Ship-mony for as the Argument runnes parallell so will the answer This therefore was laid downe as a sure ground of reason that it was better for the Kingdom though it were in reall danger in arenâ consilium capere to shift for it selfe as well as it was able by a suddain defence then that the Law should provide such a remedy which would be so easily so frequently abused upon every pretence of danger to prevent such an evill which could extreamly seldome or almost never happen for an Army and Navy could not be so secretly provided but that we must have some intelligence of it So in the case of the Militia it is much better that by being continued in the old legall way it should hazard it selfe to such a possible danger then that Law should provide such a remedy for what probably will never happen as being abused upon pretences may every three years put the Kingdom in combustion To repell danger any way but by Law is the greatest danger of all Let the world judge whether the pronouncing Sr Iohn Hotham's act Treason be not contrary to the clearest beams of humane reason and the strongest inclinations of nature for every private man may defend himselfe by force if assaulted though by the force of a Magistrate or his own father and though he be not without all confidence by flight He is strongly resolved upon the conclusion that will bring it in upon such premises Sr John Hotham his asseizing on the Kings Towne and Ammunition was it seemes in his own defence who assaulted him did His Majesty drive him into Hull what can he think of the Gunpowder-traitors was their resistance a just defence then certainly every Rebellion is a just warre Indeed what is that thing which we call obedience if a man may refuse to submit to Law in his own defence Here whole Nations being exposed to enmity and hazard being utterly uncapable of flight must yeeld their throats and submit to assassinates if their King will not allow them defence There is great difference betwixt a Subjects defending himselfe and offending his King His fears are over-witty if they will not permit him to think himselfe safe except he get into one of the Kings sorts for his better security See if we are not left as a prey to the same bloody hands as have done such diabolicall exploits in Ireland c. if we may not take up armes for our own safety or if it be possible for us to take up armes without some Votes or Ordinances to regulate the Militia Subjects upon in vasion would not have wanted Commission to take up armes till then they are safe enough by the benefit of the Law which could not possibly have better provided for their safety then by denying them a power to take armes as often as ambitious choletick men for their own ends shall perswaâ—e them they are it danger For by this meanes being easily deceived whilest they endeavoured to avoyd false they would run themselves headlong into true perills The King saies the Parliament denies c. to whether now in this uncertainty is the Subject bound to adhere It is possible circumstances may afford us some light for our direction We may consider whether the Houses doe not barely say and whether His Majesty doth not descend so farre as to give reasons for what He does and to shew the Kingdom the ground of His actions by particular citation of the Lawes which justify them We ought to agree whether swerving from Law be to be judged by the action or by the authors that is if the King should have done whatever they did and the Houses what ever He did whether all would not then have been legall because done by them The King doth not desire to captivate any mans understanding to His authority but is willing to make all the world the judge of His actions neither is a blind obedience a part of any mans duty to the Houses The best way to discerne a right will be to consult the rule which is Law and not measure the legality of an act by the doer Some things are matters of fact here we may be guided by sense and judge as we see As whether the King has seized on any thing wherein the Subject hath a property or whether the Subject hath not seized upon something wherein the King hath a property whether the King hath raised warre against the Parliament that is whether His Guard was an Army and whether Hull is now London We had a maxime and it was grounded upon nature and never till this Parliament withstood that a community can have no private ends to mislead it and make it injurious to it selfe True in a state where the collective body assembles and the reason of it is evident for though every man aime at his greatest particular interest yet except it be agreeable to the interest of the major part it will never passe into an Act and if it be advantageous for the most it is to be esteemed publique Now what service this can doe the two Houses I cannot see because they are a representative body If
he please to consult Livy or Tacitus he may find what most unworthy ends the Senate of Rome proposed to themselves and be quickly satisfied in the falsehood of this Maxime taken in his sense The truth is he raises probabilities into demonstrations and because it is not so likely it being a work of greater difficulty that four hundred should contrive things for their private interests as that four should the takes it for impossible Whereas experience clearly confutes him in other states we find nothing more common That we in England have so seldome suffered under such corruptions proceeds from causes which are peculiar to this government It was a court for the most part but of short continuance so that they had not time to mould and fashion their aimes and when called together againe the body was much altered But the chief reason and that to which the Subject especially owes his security is this that the finall determination is not in one nor two houses but the joynt consent of three Estates is necessary So that nothing is likely to passe but what is for the interest of the major part and what is so is publiquely advantagious It is more possible they may now prosequute private interests since they challenge a power to themselves sufficient to advance their designes which heretofore they never pretending to could not hope to compasse particular ends The King may safely leave His highest rights to Parliaments If this be all the motive he may as safely keep them Why did the Lawes entrust Him with them if it were fitting for Him to make no use of them None knows better or affects more the sweetnesse of this so well ballanced a Monarchy I believe they affect Monarchy why then doth this Author endeavour to take it away by denying the King a power of dissent which our Ancestors inviolably preserved as a most happy restraint of Aristocracy or Democracy It hath been often in the power of former Parliaments to load that rule with greater fetters and cloggs but they would not A very good argument there is little reason now to doe it After a commendation of the exact temper and due proportion between the three Estates the many affecting Monarchy better then Aristocracy and the Nobility preferring it as much beyond Democracy He exhorts us not to seek to corrupt this purity of composition Very good counsell but which he overthrowes in the words immediatly following We must not conceive that both Gentry and Nobility can combine against the King Therefore it will be fitting for the King to leave all to their disposall who certainly can doe nothing but what is fitting In how few words hath he destroyed that constitution which he told us was so perfect it could admit of no change but for worse But we could not stay here if the Kings negative were once taken away like decaying bodies our health would dayly impaire The next step must be the Lords sitting in a personall capacity no reason they should deny what the Kingdom hath voted to be necessary or convenient either let them not speak at all or let the greater part of Commons joyne with the lesser part of Peeres The right of all the Lords and Commons in this State is so great that no change of government can be advantage to them except they could each one attain an hereditary Crowne May they not attain as much as Malignant Counsellors are pretended to aime at Honours Offices Wealth Power Commands Their power is meerly derivative so that except we will conceive that both King and People will be consenting to the usurpation nothing can be done Then it is confest the King hath a right of dissenting Except both King and People here a power is given to the People collectively beyond the Lords Commons and King If the King be an affector of true Liberty He has in Parliament a Power as extensive as ever the Roman Dictators was for the preventing of publike distresses The Dictator had absolute Authority nor was he circumscribed in power but in time only There lay no appeale from him neither was he questionable for any action after his government expired Though the humor of that people could not endure the name of King they had the same thing for in imminent dangers whether from forrain invasions or intestine seditions necessity of state forced them to submit to his Authority which relieved them in their greatest extremities Hence we may make the truest judgement what forme of government the wisest Romans esteemed most convenient their actions which proceeded from feare were unfeigned interpreters of their thoughts That they fell back still into their old rule and were not as wise to prevent dangers by conserving that Authority as they were to encounter them by erecting it must be imputed to the inconstant temper of the people who in times of peace were as proud and insolent as when ruine threatned which their wantonnesse pulled upon themselves they were basely humble Since then the Romans preferred even the unbounded power of one to a popular sway wee have no reason to change the much more happy temper of this government wherein Monarchy is so wisely ballanced that as we are not exposed to the dangers which attend the rule of the many so we may avoyd the inconveniences which might probably flow from the Arbitrary power of one He hath met in the field with two contrary Armies of His own Subjects and yet that Army which He went to destroy and advanced their colours against Him was more loyall then that which himselfe commanded Had he made a Conscience of unjust slander or had he any sense of the honour of his Nation these words had never fowled the paper That which the King here calls conscience and reason can be nothing else but meer private opinion What other possible notion can any man have of conscience is it not the light of reason informing us in our duty If the Counsell of the Parliament were directly opposite to common understanding and good conscience and the Counsell of the Court were evidently consonant thereunto there needed no such contestation If the Counsell of the Court were directly opposite to common understanding and good conscience and the Counsell of the Parliament were evidently consonant thereunto there would be no such contestation It is a very unfaithfull way of judging to measure the goodnesse of Counsell by the person advising not by the thing advised His Majesty allwayes examined what not who and hath given His Subjects a most certain pledge of His Royall affection in passing so many good Acts and was resolved to grant as long as any thing could in reason be desired After He hath fully satisfied the publique interest even to the utmost extent of what most understanding and disingaged men wish for he is not bound to undoe again in part and so farre to comply with the interests of private men as to place a power in some by which they shall be
able to hinder His good people from enjoying the full benefits of His Royall Grace if such a consent appear to Him to doe it The following discourse keeps all in generalls which easily deceive weaker apprehensions and hath its strength from this ground that it cannot reasonably be supposed the great publique Councell of the Kingdome should not give the most faithfull advice Therefore Princes if they may not be led by their owne opinions rather then by the sacred and awfull Councells of whole Nations unreasonably complain they are denyed liberty of Conscience and ravisht out of their own understandings I appeal to any mans judgment whether any thing can be urged for the authority of a Lay-Councell that it ought to enforce a submission of judgment a performance of dutyes arising from trust agreeable thereto which may not with at least equall advantages be pressed for the same binding power in Councells Ecclesiasticall To instance in that of Trent if a Papist should as Campian doth bragg of that to him as the representative body of almost all the Western Church wherein was a concourse of so many choise able eminent Divines such as had addicted their whole times to the study of truth and therefore in all probability could not be deceived themselves such as had conversed so long with Heaven and Heavenly things they knew sufficiently how much it concerned them not to deceive others and conclude it therefore unlawfull for any to pretend conscience which is but private opinion against so publique and unanimous determination Notwithstanding these high probabilities and what will much more justify mens absolute obedience and captivating their reasons some plausible arguments for a divine assistance and immediate directions in all their decisions which the Houses will not pretend to yet it shall goe hard but he will find some answer as esily he might whereby to justifie his liberty of dissenting in some things which when he hath done he may with very little alteration apply to civill Councells and be satisfied Suppose it thus though amongst probable Arguments that drawn from authority of wise men carry with it greatest weight yet it must give place to a greater reason Now to every man belongs a judgment of discretion which must decide for what concernes his particular duty So in the Kings case the Votes which carry in them the authority of both Houses shall bear great sway and if it be in things extreamly dubious they may turn the scales of their side But if greater reason seem to contradict them his Majesty will not hoodwink His understanding and blindly follow whither they please to lead him He will walke by the greater Light For example his Majesty perceiving how much His people may suffer under arbitrary power is resolved never to make use of it thinks it lesse fitting any other should But it is told him now the use of it will be for their good by reason of apparent imminent dangers His Majesty understands the bottome of plausible pretences knows to how great mischiefes a way would be opened if it were sufficient upon such specious grounds to have a right to over-rule all known and certain Lawes Concerning the action at Hull he confesses to take possession of the Kings town and shut the gates against Him is Treason if circumstances doe not vary the nature of the act as in this Case he pretends they doe For the first thing to be lookt on is that the King was meerly denyed entrance for that time His generall right was not denyed If then a Subject take up Armes against his Soveraign in a temporary warr it must not come within the compasse of Treason and he may legally possesse himselfe of the King's forts and maintaine them against Him so He confesse he hath no right in them No defying language was given If a man take away my purse shall he be acquitted from felony because he did not give me ill language too No act of violence was used This he may say who hath pickt anothers pocket but it is no sufficient plea against the Law But he used no violence though the King for diverse houres together did stand within Musket shot c It is no argument of innocence that he had opportunity to be more highly guilty and abstained The King used tearmes of defiance and this makes the act meerly defensive or rather passive If this were true there was never any warr but defensive for those who by some great injustice offered provoke a Nation to right it self fight as well to maintain their lives as what they unlawfully possesse How this should administer to the King any ground to leavy guards at York many men wonder or that it should seem the same thing to the King as if He had been pursued to the gates of York Certainly it was a sufficient ground not only to raise a guard for His safety but an Army to punish that high indignity and right His Honour but out of tender care of His Peoples safety least they should chance to suffer upon mistakes He afforded him so long time of repentance that the Kingdome might first be satisfyed and then his justice If the Parliament have hereupon turned any of the Townes-men out of their Estates His Majesty did not charge the two Houses Sir Iohn Hotham kept Him out without any publike order from them But if it had been done de facto the same law would have justified this act as well as the other But since not only the Country about but the Inhabitants within the Town have suffered in their Estates and libertyes Or if claimed any interest in it to themselves So much the lesse reason to seize on it if he cannot so much as pretend title to it or have disseized the King utterly denying the right for the future If any Law can be produced to justifie taking away the Kings goods for a time the case will be cleered Or have made any other use of their possession but meerly to prevent civill warr There is not any way more likely to create a Civill warr then endeavours to prevent it by illegall courses And to disfurnish the King's seducers of Armes Ammunition therefore the most essentiall property of Treason intention must needs here be absent in this act The Law hath judged otherwise in the case of the Earle of Essex whose plea was he intended the removall of evill Counsellors If the Parliament the shutting the King out of Hull was not their act be not vertually the whole Kingdome it selfe The King excluded it is not If it be not the Supream judicature as well in matters of State as matters of Law Till new lawes are enacted the Subject cannot justify any act but what is warrantable by the old 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 all extraordinary cases â—e quid detriment capiat
Respublica let the brand of Treason stick upon it No provisions are allowed but what are legall least the Remedy should prove the greatest disease Nay if the Parliament would have used this forcible meanes unlesse petitioning would not have prevailed It is no just excuse to take away a mans money and say he did first desire him to deliver it Or if their grounds of jealousy were meerly vaine It is against all equity to doe wrong because there is a possibility of suffering it no man can have a full security and therefore we must arme our selves against uncertain feares not by injuries but a wary innocence Or if the jealousy of a whole Kingdom can be counted vaine Too large an expression much the greater part of the Kingdom apprehend no just grounds of jealousies Though the mindes of many were a long time unsetled being daily disturbed by suggestitons of plots at home and invasions from abroad yet if we duly weigh the businesse such fears ought not to be valued If forty severall men reporte the same thing yet if upon examination thirty nine of them say they had it from the other man this in Law makes but one witnesse so the fears of many thousands if grounded upon informations and those informations come from very few who can no way evidence the probability of such reports they ought not to be regarded they will vanish into nothing Or if they claime any such right of judging of dangers and preventing them without the King's consent as ordinary and perpetuall As often as they have a mind to make use of such a right 't is easy for them to call the case extraordinary and pretend a publike danger For my part I know not how they can ever be confuted if not now For certainly apparent dangers did never lesse appeare It would more abundantly have satisfied me if I had been frighted with secret plots and conceald designes The King might have prevented the same repulse by sending a messenger before hand That is if He had not come to get in He had not been shut out if He would have stayed away he would not have denyed Him entrance Or by coming without any such considerable forces Let His forces be great he was not to give Law to his Prince but neither is it likely he would have admitted Him then for you confesse a little above He offered to enter Hull with twenty horse only unarmed The Scots in England took New-castle but by private authority yet there were other qualifications in that act sufficient to purge it of Treason The King and Parliament deserved so much respect from you as not to have instanced so frequently in their Act you might well let that passe in silence which they have buried in an Act of oblivion He flourishes at large upon the example of Richard the second he means Edw. 2. misled by Spencer It doth not follow because one King hearkned to evill counsell therefore all must be denied the liberty to hearken to good Spencer's party was but of inconsiderable fortunes He will get no advantage by putting mens estates into the Scales and ballancing their reputations At length yet there is some little hopes he may prove a convert since he doth almost promise to suspend his judgement till he may have full satisfaction from His Majesties Narration which in due time will more fully informe him An Aristocracy in Parliament cannot be erected withoutsome means and what this means shall be is yet to us altogether inscrutable Certainly he is quicker sighted then not to perceive what is so obvious Deny the King a negative and the thing is done The power of Parliaments is but derivative and depending upon publique consent and how publique consent should be gained for the erection of a new unlawfull odious Tyranny amongst us is not discernable It is not thought this was the intent of those that entrusted them but it may be the abuse of power if the Kings authority be once swallowed up in theirs For though their power depend upon a publique consent in the election yet not so after they are met together The necessities of the time made His Majesty grant that this Parliament should not be dissolved without their consent but they may now challenge it as their right if the King be bound to confirme what they vote necessary or expedient But it cannot be and his reason is the Kingdom would not obey them In truth a very probable thing I beleeve they would not be able to goe through in that new way But yet they must needs have a great party considering their severall relations and the advantage they have in advancing the interests whether religious or civill of some which may be able to doe them service and this would create division in the Kingdom His Majesty expresses His just indignation that they He imputes it not to the Houses though this Author still involve them but to the contrivers penners of the Declaration should dare to tell their King they may without want of modesty or duty depose him He returnes answer this cannot be collected from those words That if they should make the highest presidents of other Parliaments their patterne there would be no cause to complain of want of modesty and duty because it may justly be denied that free Parliaments did ever truly consent to the dethroning of any King of England What was there affirmed of Parliaments had none of his present restriction of Free in it If the â— of Hen. 4. Were indeed not Free why were Statutes cited out of it The authors of those quotations must be presumed to accompt it so The King is offended at their franck expressions disguised under the charge of a malignant party The sense of his answer is this they have no other way to cleere themselves for there being faults somewhere not to lay them upon others were to take them upon themselves His Majesty hath proposed a very good way which will fully satisfy the world in their innocency and that is not alwaies to accuse but sometimes to prove The King demands justice for tumults and high indignities offered and complaines of a prohibition sent from the House of Commons into Southwarke to hinder the processe against a Riot according to Law His answer is equall justice could not be obtained against the Court-Cavaleeres His Majesty never protected them from legall tryall it was free for them to have proved what they could against them The Kingsaies it being granted by them that their priviledges doe not extend to Treason Felony or breach of the Peace so as to exempt the Members from all manner of tryall yet if they be so priviledged in the method of their tryall that the cause must first be brough before them and their consent asked before you can proceed then their Priviledges extend as farre in these as in the most unquestioned cases because no priviledge exempts them from all manner of tryall the House being acquainted and