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A87638 An examination of the observations upon His Majesties answers. Wherein the absurdities of the observators positions, and inferences are discovered. Jones, John, 17th cent. 1643 (1643) Wing J968; Thomason E65_7; ESTC R23238 15,689 26

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same language Omnis quidem sub eo ipse sub nullo nisi tantùm deo Omnis not singuls to take off your singùlis maior universis minor and tantùm sub deo spoken negatively to exclude this eclipse this interposition of the people But of this sufficiently already is spoken It cannot be objected to the Martyrs of the first age that they could not resist the torture they were at the least seemingly willing to undergo Tertullian in his Apologie telleth the Emperour the Christians were more in number and stronger and able to defend themselves his Scholar Cyprian is of the same Language Quamvis nimins copiosus noster populus non tamen adversus violentiam se ulciscitur Lactantius confirmeth him lib. 5. and August in many places of his De Civitate Dei Of all other the passage between the Thebean Legion is most considerable and the Emperour Maximian they consisted of 6666 Souldiers the Emperour sent unto them upon pain of death to commit formall idolatrie they refused to obey his command they were able enough to resist him and his power they knew and confessed it they laid their heads to the blocke and lifted no hand against him his command was injust was impious by natures dictates they were to conserve themselves yet they relinquished nature yielded to die Let us compare Hothams action to this primitive passage the King would have entred the gates of Hull a Town within his Dominion Hotham being within the Kings alleageance shut the gates against him resisting his entrance with armed men Hotham conceived his entrance would put his life in jeopardie and the Kingdomes safetie endangered he conceived it probably not inevitably to follow thereupon suppose the ruine of both had inevitably ensued yet it is not so farre prest The Thebean example doth not warrant the resistance they obeyed to the losse of life this desire to enter the Town came from the Cavaliers and ill Councellours not from the King himselfe Caesars taxation was by his ministers assessed collected and probably invented Maximians servants brought the command to the Thebean Legion to commit idolatrie they brought the punishment and executed it and it was very probable they were the authours of both yet no resistance made against the Emperours command though delivered by his ministers yet our King in person and vivâ voce demanded entrance and was resisted and resistance of the Kings authoritie is to resist the King as was declared by this present Parliament upon the Earle of Strafford triall you will object the Emperour had a more absolute Dominion than our King hath over his Subjects persons and estates I confesse it the Emperours power was in most things illimited the Kings limited by our municipall Lawes obliged by a solemne Oath to keep them and if he commandeth any thing opposite to these Lawes we are not bound to obey this command but we are not warranted by this Law to resist the King with force of Armes if other Christians made a conscience actually to resist their Kings command even in things contrary to the Law of Nature and the divine Law and those that concerned salvation and can the conscience of our Christianitie allow us to raise Armes to resist the Kings commands supposed by inferences to prove destructive to our positive Lawes Our Law doth not warrant us and if it did there is no warrant for that Law given by the supreme Law-giver But this resistance is approved by Parliament by Parliament is meant by you the representative Bodie of the Lords and Commons assembled by the Kings Authoritie I denie this to be Parliament by the Constitution of this Kingdom without the concurrence of the King and if it were I deny that the greater part is conscious of this resistance and if the greater part were I deny an infallibilitie tied to them and if they were infallible I deny that they alone without the King are competent Judges makers and declarers of Law if they were then they should be both parties and Judges and disposers of that which belongeth to the King jure personae without his consent himselfe being neither there in person nor represented by them or any of them an opinion dissonant to reason or conscience and the institution of nature for the Members to raise Armes against the Head Aesop giveth us an example and the effect of such War and hereupon we will digresse a little to examine the definition and properties given by your Observations to the Parliament which you define pag. 5. to be the essence of the Kingdom that 's false for a thing cannot be separated from its essence the Kingdom and Parliament can A thing hath no being when the essence is destroyed the Kingdom hath its being when the Parliament is suppressed dissolved or not in rerum natura as in the vacancie of a Parliament the same numericall qualities that inhere in the Parliament do not inhere in the Kingdom and so è eontra the Parliament may be sicke at the time the Kingdom is well the Parliament may erre when the Kingdom doth not in the same manner that generall Councels the representative Bodie of the militant Church may erre when the Church generall doth not This representative Bodie is a select number of men intrusted for a greater with a large Commission to treat and conclude for the trusters good the trusters are men and subject to ercour unlesse a supernaturall assistant spirit of infallibilitie is necessarily pinned to their sleeves that they are remoter than ordinary Courts from erring I allow you but not absolutely free from it as you averre pag. 8. The praises you give to Parliaments swell up most of your Observations and much are I confesse deservedly attributed For mine own part as I was borne under the English Government so I conceive it without affectation the exquisitest I know of and in these the Parliament shineth above other Constitutions ut inter ignes Luna minores Let a Parliament run within its own channell if it breake the bankes it overwhelmes it destroyeth publique Libertie and looseth its being and the end for which it was instituted I love the fundamentall Libertie of this Kingdom as well as the Observatour doth but without dotage as the Observator professeth to love monarchicall Government pag. 41. Parliaments have done wrong witnesseth the deposall of Richard the Second therefore it is good Logicke to say they may do wrong But you say they were forced by Henry the Fourth his victorious Armie p. 32. I say so too then they may be forced and force we know are of severall nature I pray God the present be not conscious of it I leave to the effect ofevery Parliament to elogize it selfe Parliaments are of a soveraigne good but as in naturall so in politickes I believe Corruptio optimi est pessima and so much for Parliaments We shall now reflect upon the next member of our division that falleth next in order to be discussed that this Supremacie
is grantable and granted by the people upon what condition and limitation best pleaseth them they are so enabled by expresse or tacit causalitie of the first cause mediate and remoter God if tacitly it is an instinct contracted with them and then it falleth properly to be discussed in the Law of Nature which we shall consider in its due place if expresly either it is committed to writing and so in the sacred Book or else traditionally practis'd by all ages and confessed by all or most Nations neither of these is pressed or can be justly by you hence we have clearly evinced that the people by the divine Law cannot be the immediate efficient of this Supremacie whether you will consider them as meer instruments or free agents enabled by God the mediate Cause to settle and convey this Principalitie upon whom and in what manner they please Next we shall enquire whether the people is the mediate God the immediate Cause of this power if you so consider God and man it followeth that the people worketh through God as a meer instrument or free agent receiving his authoritie from man To averr either is hardly distinguished from blasphemie therefore we will pitch upon the last consideration of this Supremacie in the divine Law and see whether God concurreth as a partiall immediate cause with the people to produce and convey this power upon one or many I shall admit unto you as your last refuge this mutuall and immediate concurrence the people being but a partiall cause cannot in reason devest as they did not alone invest this power without the concurrence of God the sociall cause unlesse you will say the forfeiture and power of re-entrie to be onely reserved to the people or accruing to them by Survivership either of these portents of opinions madnesse it selfe will not own Again the Creatour and Creature cannot have the same numericall influence and if it could the effect still denominateth the worthier cause therefore unlesse the people be held the worthier cause they cannot properly or justly be called the authour or cause of this Supremacie Hence is undeniably inferred that the people are not nor cannot be stiled properly and justly the Cause mediate or immediate of Principalities God is the Donor of Aristocracie and Monarchie pag. 1. but few lines after of the same page you retract that opinion disseize him of the title of Donor holding God well repaid with the title of a Confirmer of Principalities Quo te mutantem Protea nodo First a Donor to give a being then rob him of that onely a Confirmer to give a well being at most the confirmation of a Charter presupposeth a Charter God is a free Agent suppose he suspendeth or not at all confirmeth the popular conveyance Is the conveyance void or voidable if void then either the people giveth no being at all or this being still floweth and not otherwise from them at that instant that God confirmeth it and if it must alwayes flow from them at the same instant that God confirmeth it and not before escapeth I believe any mans reason to finde out If voidable then they give a being before God confirmeth it and then popular election is supposable without divine concurrence and if it be the people prove efficients and fall to be considered under one of the branches of efficients discussed before and that they have not there the least shadow to this pretended Soveraigntie is already and clearly evinced Whether Nature entituleth them to this Royalnesse resteth next to be examined Ignoratis terminis ignoratur scientia we shall therefore explain what we mean by the Law of Nature what dominion ariseth by this Law of Nature and in whom this dominion is naturally resident by the Law of Nature we understand 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 statutes but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 right and this is not in so large a sense as the Roman Lawyers use it for that which is common to man and beast is improperly applied to beasts according to that of Hesiod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 God gave mankinde a Law which is Deni'd to beast wing'd fowle and fish These when ere their nature need Do out upon another feed But we restrain this to mankinde and this restrained we consider that which is properly the Law of Nature which we conceived to be the dictate of right reason commanding or prohibiting an Act by the congruitie or incongruitie of the Act with rationall nature and consequently injoyned or forbidden by the Authour of Nature Order and Subornation is assigned by most Astronomers to celestiall Bodies the Inhabitants of Heaven I am assured by divine Authoritie the Angels Archangels Principalities and Dominions the Earth and the parts of it are created with subordinate Dependencie the meaner Creatures of the Earth as Bees discover in themselves and actions Order and Subalternation in place and Authoritie to deny this to Man to whom all earthly Creatures were given that Anarchie should onely run in Mankinde cannot be imagined to be intended by Nature or the Authour of it The Word is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so called for Order and Decencie and shall this be denied to Microcosmos the little world Man whose parts are guided by the Head from thence proceed commands to all the Members The contemplation of these Subordinations and Offices invite us to consider the World and the things therein with respect to the Head and Monarch of it Man and in Man the worthier to whom Nature gave a respect and prioritie the Son as Son owing his being to his Father owed him also Honour hence Honour thy father c. is re-written in the heart the characters that Nature first imprest being by the corruption of it blotted and defaced Hereupon Basil wittily stileth a Parent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a visible Deitie the Patriarchs of the first age as we have already urged derived from their Father Adam Supremacie and left to the first-borne successively in their Generations The contemplation thereof induceth me to believe that had Adam stood in the state of innocencie one had been subject and subordinate to one another but without tyrannie or oppression on the Commanders part or reluctancie on the Subject When rapine and violence the issue of corrupted Nature broke forth necessitie of safeguard forced men to draw into societies the easier to protect themselves and from thence you say sprung all Principalities but whether the People chose over themselves Governours or Kings or those Governours and Kings made themselves so at first over the People seemeth to me not so evident as the confidence of your Observations would have me believe to lay aside Authorities that speak of either we will enquire after the Truth of this especially the Principalitie of the first Age by all the meanes reason can discover to us When oppression appeared probably it began in one then more and so in multitudes and proportionably the number of