in whatsoever is meant by the word protection is the King therefore boâ—…nd to promote every particular person to all kinds of politicall happinesse to advance all to honours offices power command I wonder how you can now apprehend this word protect under so large a notion or is it possible were you not resolved to cavill that these words should give you ground for it certainly if my reason faile me not politicall happinesse hath reference only to the body politike and that is not capable of any advancement to any hoâ—…our office or power and to take the words in other sense were to make them impossible for can it be thought or expected that his Majestie should be bound to advance all his Subjects to places of honor or power since if all should be in authority they might command themselvs there would be none left to obey The sence of the Observator is plainely this that the King by this word protect is not only to intend a shielding us from all evill but likewise a promoting of the commoâ—…wealth to all kinde of politicall happinesse by endeavouring to inrich not impoverish his Kingdom by maintaining peace and establishing good and wholesome laws amongst his people and by putting of such in place of power and authority that may see the due execution of the same Though all single 〈◊〉 ought to looke upon the late Bills passed by the King as matters of grace with all thankfulnesse and humility yet the King himselfe looking upon the whole State ought to acknowledge that he cannot merit of it c. all hath proceeded but from his meere duty It was believed heretofore saith the Author the greatest happinesse of a Prince that 〈◊〉 was able and his greatest glory to be willing to oblige his people But now he is made not capeable of doing any courtesie VVhen he hath done all he can he hath discharged the duty of a trusty servant Whatsoever hath beene or could be attributed to any Prince in point of grace or humble acknowledgement that we ascribe unto our gracious Soveraigne with all humilitie and we shall alwayes account it our happinesse to have a Prince not only able but willing to engage his people by his grace and goodnesse But must it therefore be thought to be a dishonour or derogation from his gracious and publike favours to say that hee doth but fungi officio discharge his office or duty according as the law of God and man obligeth him certainly had Rhehoboams Sages thought that their Councell had carryed the least badge of irreverence or disrespect to their Prince they would not have advised him in such rough and unacceptable language that if he would be a servant to that people and serve them c. that then they would be his servants for ever Good Princes have acknowledged themselves servants to the common wealth And t is the councell of young men only that suggest the contrary But it is a certaine position that that Prince will never discharge his trust aright that sacrifices too much to his Royaltie Here the Author may see that other ages have beene guilty of the like irreverence and disrespect as this Sycophantean Coâ—…tier is pleased to stile it to Princes Againe he saith That if all single persons ought to looke upon the late Bills passed by the King as matters of grace Then they truly are so for no obligation can lye upon any man to believe things â—…therwise than they are T is true things that are simply good or simply evil cannot be varied by circumstances and therefore no obligation may constrain a man to believe them otherwise But that which is not in it selfe good or bad but varies according to its severall object in such case for one and the same act to produce good to one and ill to another is no novelty and here the application denominates the action So in this case one and the same action may be matter of grace to one and yet but matter of dâ—…ty to another As when a Iudge doth Justice to a man as to him t is grace and favour but with reference to the law tâ—…s but his dutie I but he saith That this ground destroyes the power of beneâ—…nce in a Priâ—…ce and the duty of gratitude in subjects Under favour nothing lesse for as it is his Maâ—…esties office and duty by all meanes of grace and favour as also by justice and right to endeavour the happinesse of the common Wealth so it is our duty by all meanes of humble acknowledgement to bee gratefull t is a great mercy for to have a Prince that will governe his people according to Law and right And it were a great judgement for the people not to bee thankfull The King ought not to account that a profit or strength to him which is a losse and wasting to the people nor ought â—…ee to thinke that peâ—…sht to him which is gained to the people By the same Argument the people may share all that be hath and he is â—…ound to believe that be hath lost nothing All that the observator here drives at is but this that the Kings strength and riches aâ—…e imbarked in the happinesse and prosperity of hâ—…s people and therefore that it is not their debilitating or impoverishing that will any way 〈◊〉 or enrich his Majestie but the contrary Blest be the King in his portion may it increase to nonplus Arithmeticke and his dayes time But yet let him know that the misery or happinesse of his people are by way of râ—…flection made his Is King anâ—… people have severall â—…ghts saith the Author what law is there which binds the King suo jâ—…re cedere and enables the people to preserve their rights nay to challenge his No doâ—…bt the King and people have severall rights happy State when they doe not intrench upon each other but in this they vaâ—…y the King for the most part is seized or possâ—…ssed in jure 〈◊〉 and the people in their owne right so that the King hath nâ—… that 〈◊〉 of property that the people hath And no doubt the King at first as it is 〈◊〉 〈◊〉 by the Author received his demesnes from his people as a recompence of his care to whom they owed their securitie and therefore if it were law for 〈◊〉 no question the people might most colourably justifie an incroachment Aâ—… the King by the Law of God and man is bound to doe justice and to protect and deâ—… his people and therefore if he have any right or priviledge that is inconsistent wiâ—…h these he is obliged suo jure cedere But againe doth any one goe about to take away the Kings right or to divest any property of his Nay rather doe they not in defect of his 〈◊〉 and in his right imploy and mannage them according to the trust reposed in him or if they did doe it ought not the King rather to loose his right
esteemeth any thing to be uncleane to him it is uncleane by this likewise it is cleare that what my conscience perswâ—…des mee is unlawfâ—…ll be the judgement of other men what it will ought not to be inforced upon mee Againe the last verse He that doubteth is damned if he eate because he eateth not of faith for whatsoever is not of faith is finne So that for my part I take it as an unquestionable â—…ruth that no Ecclesiasticall authority whatsoever hath power over a mans conscience though it be but in things indifferent But now on the other side I take it to be as evident and as 〈◊〉 an assertion that any Lay counsell may in 〈◊〉 meerely civill or morall no way reflecting upon the word of God oblige the conscience which indeed is but the bare opinion and judgement of a man by their conclusions and determinations and in such ease t is no sin for a man to oppose his owne reason by submission to the judgement of oâ—…hers And if this were not a truth Justice would be but slow payed and the law as various as the severall dispositions of men and every man would have power to infringe the law upon every 〈◊〉 of opposition to conscience 〈◊〉 but the Author goes on and tells us that though amongst probable Aâ—…guments that drawne 〈◊〉 the Authority of wise men carry with it greatest weight yet it must give place to a greater reasoâ—… T is â—…rue where the greater or better reason is evident but 〈◊〉 are not bound to renounce our owne understanding and to believe that to be the better reason which you affirme to be so The Parliament must in strength of probability give the better reason and when you can prove the contrary which as yet you fall much short of then shall we be of your beliefe untill then you must give us leave to retaine our owne Now to every man belongs a judgement of 〈◊〉 which must decide for what concernes his perticular duty T is true where he is sole Arbiter and where it coâ—…cernes his owne particular onely but where the publique is interested there it is otherwise So hee â—…aith in the Kings case The Votes which carry in them the authority of of both Houses shall beare great sway and is it be in things extreamely dubious they may turne the Scales of the other â—…ide This truth if firmely stood to as it ought would suddainely perâ—…d this sad contestation But alas how quickly t is broken For he saith if greater reason seeme to contradict them his Majesty will not hoodwinke his understanding and blindly â—…ollow whether they please to lead him he will walke by the greater light greater reason very much that the reason of the Court should preponderate that of the Parliament For example he saâ—…h 〈◊〉 Majestie perceiving how much his people may suster under arâ—… power is resolved never to make use of it and thâ—…nks it lesse fitting any other should I would to God hâ—…s Majestic had never been wrought upon by his evill Counsell to break his resolution Is it not an arbitrary way of rule for to takâ—… away mens property without their consâ—…nt And is iâ—… not arbitrary for the King to preâ—…e his owne single exâ—…udiciall judgement before that of his Parliaments But it is told him now the use of it will bee for their good by reason of appâ—…ent imminent dangers Hath the Author thus informed his Majestie certainly never any one else did it were happy both for King and people that it were no more practised by tâ—…e Court than it is by the Parliamenâ—… Concerning the Action at Hull the Observator agreeth to take possâ—…ssion of the Kings Towne and shuâ—… the gates against hâ—…m is treason if circumstances doe not vary the nature of the act as in this case he sayes thâ—…y doe for the first thing to be lookt on is that the King was meerely dâ—…ed enâ—…ance for that time his generall right was not denyed If then a subject take up 〈◊〉 against his Soveraigne in a tâ—…mporall warre it must not come 〈◊〉 the compasse of 〈◊〉 No whether it be temporary or coâ—…nuing so he hath the same Commission to justifie his action And he may legâ—…lly possesse 〈◊〉 of the Kings 〈◊〉 and maintaine them against him so 〈◊〉 〈◊〉 he hath no 〈◊〉 in them T is not his confessing that he hath no right for that all thâ—… world can judge of but his doing no wrong that excuses him No deâ—…ing language was given If a man take away my puâ—…se shall he be acquitted from â—…elony because he did not give mee ill language too Inventio tua nomen imponit operi 〈◊〉 t is the invention as we say in law that denominates the action And therefore though I cannot acquit him of felony that shall take away your purse and in exchange give you only good words yet if he shall rescue your purse out of the hands of Robbers or take it from your ownâ—… person being in danger for its better security and shall againe faithfully â—…ore it when you have liberty to enjoy your owne if he be felon 〈◊〉 dye for him No act of violence was used This he may say who hath picked anothers pocket but it is no sufficient plea against the Law Yes if he can shew a lawfull commission for it 〈◊〉 he used no violence though the King for 〈◊〉 〈◊〉 together did stand within Musket sâ—…t c. It is no argument of innocence that he had 〈◊〉 to be more highly guilty and abstained T is true had he beene guilty at all The King used termes of desyance c. and this makes the Act mâ—…ely desensive or rather passive If this were true there was never any warre but defensive For those who by some great injustice oâ—…ed provoke a nation to right it sâ—…e fight aswell to maintaine 〈◊〉 〈◊〉 as what they 〈◊〉 〈◊〉 Tâ—… 〈◊〉 〈◊〉 that offer any injustice or wrong though they take up aâ—…mes to secure themselves 〈◊〉 on the offensive pâ—…t nâ—…t the defensive But this rests to prove in our case How 〈◊〉 should 〈◊〉 to the King any grounds to 〈◊〉 〈◊〉 〈◊〉 Yorke many men wonâ—… or 〈◊〉 〈◊〉 〈◊〉 seeme the same 〈◊〉 to the King as if he had beene pursued to the gates 〈◊〉 â—…ke Certainly it was a 〈◊〉 ground not only to raise a guard for his safety but an Armie to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 aâ—…d to right his 〈◊〉 A 〈◊〉 for his safety why Sir 〈◊〉 〈◊〉 did not advance towards York nor ever〈◊〉 â—…sed it An army to punish thâ—…t hâ—…gh indignity Very just it should be sâ—… had there beene 〈◊〉 〈◊〉 And to right his 〈◊〉 veâ—…y reasonable had his Maâ—…esty been any way dishonoured 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the Townesmen out of their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be a 〈◊〉 who acts only by their 〈◊〉 〈◊〉
A REPLY TO THE ANSWER Printed by his Majesties Command at OXFORD to a Printed Booke Intituled OBSERVATIONS upon some of his MAIESTIES late Answers and Expresses By J. M. LONDON Printed for Matthew Walbancke Anno Dom. 1642. A reply to the Answer printed by his Majesties Command at Oxford to a printed booke intituled Observations upon some of his Maiesties late Answers and expresses THe Authour of the Answer to the Observator which was pâ—…inted aâ—…Oxford no place more fit to entertaine such cavils by his 〈◊〉 Command too good a Patron to be thus abused Begins his disâ—…urse by way of Preface and there would tell us the Originall of Regall Authority were it not a losse of time he has been to profuse prodigall of it in his Book he doth well to spare it in the Preface for that he sees t is granted to be at 〈◊〉 least mediately from God I shall not dispute whether God be the immediate donor of Royalty or no For I take it to be very cleare and evident that the Kings of Israel were of Divine instiâ—…tion But that Royall Authority should bee unto us or the sâ—…cceeding ages more of Divine right or Institution then Aristocraticall or Democraticall power that I deny 〈◊〉 were they of Divine institution it must of necessity be that all States must be fwayed and ruled by Kings and the execution of other power were sinne and that I hope 〈◊〉 man will dare to aâ—…rt Againe were they of Divine right they ought to have equall power and Dominion in all places and that they have not for as it is well known in some Kingdomes they have greater Authority in some lesse And all vary according to the severall Lawes and Constitutions of their Countries Why then if they bee of humane institution it must be agreed that no King hath at thiâ—… day any speciall Ordinance from Heaven by which to intitle himselfe to his Crowne and Regall authority And hence the consequence is just that Kings are bound by thâ—…se qualifications of compact and condition that were made with them by the people and ought to discharge and execute their Royall functions answerable thereunto But then he goes on anâ—… tels us that power or governement was oâ—…yned of God for the good of mankind which was not to bee obtained without preservation of order and therefore he hath commanded all to be subject to the Lawes of society not onely for wrath but for conscience sake With this limitation the Author saith true we must submitt to the Laweâ—… of society where they doe not oppose the Law of God otherwise not for how can a man obey for conscience against conscience And he saâ—…es we must submit not onely whilst we enjoy the benefit of Governors but 〈◊〉 whilst we dâ—…e suffer under some accidentall abuses I but what if those abusâ—… provâ—…â—…o be wilfull I know that is the Authors meaning though he will not expresse it for if his opinion miâ—…ht passe as Orthodox the cases would be all one I and what if thâ—…se abuses strike at our Religion at our lives libeâ—…ies and estates at all that God hath entrusted us with and made us happy in must wee here submitt and quietly surrender up all our happinesse at once a most strange Doctrine Well let him Preach it at Oxford to those whom a foolish zeale hath besotted with an unwarrantable devotion to their Soveraign But let us know that good subjects may preserve these yet not be the lesse but the more dutifull to their King Is it any breach of duty to deny that which the Law of God and my conscience tels mee that I ought not to grant or can that have the impuration of disloyalty to my Soveraigne which styles mee just before God well to passe this because I shall have occasion to speake more fully to it after those that maintaine this error misery will bee this portion here and a just judgement hereafter But he tels us that we cannot reape the constant fruits of an establâ—…shed policy unlesse by compâ—…ct we submit our selves to some possible inconveniences The Author would have done well to have explained 〈◊〉 what he meanes by those inconveniences bâ—…t 〈◊〉 this is his meaning for the whole sâ—…ope of his Booke speakes as mâ—…ch that it is possible a King may degenerate into a Tyâ—…ant and make his boundlesse Arbitrary will to be Law and if this fall out as too commonly it doth yet wee must patiently doe or sâ—…ffer what ever though never so unjustly and contrary to good conscience is imposed upon us and which is more wee must by solemne contract binde our selves beforehand this to doe and why so for that otherwise there can be no constant benefit of an established policy A most strange and unnaturall assertâ—…on was it ever heard or can it bee imagined that a people should contract to their owne ruine there is a mutuall compact betwixt King and People the King is to governe by a rule if he would have his people to obey and if he swerve from that this dissolâ—…es the contract and gives the people pâ—…wer to 〈◊〉 and preserve themselves And if this were not Law what benefit could we expect to reape of such an established destructive policy He hath made bad premiâ—…es and worse conclusion for marke what he has dâ—…uced from thence Hence saith he it followes after a people hath by 〈◊〉 contraâ—… divested it selfe of that power which was primarily in them they cannot upon what pretâ—…ce soever withoâ—…t manifâ—…st breach of Divine Ordinance and violation of publique saâ—…th resume that authority which they have placed in another This by the way power according to the Authors owne 〈◊〉 was primarily in the people a truth ingeniously acknowledged but the mischiefe 〈◊〉 they have by contract divestâ—…d themselves of that power how is that made good why thus they chose one to be King over them and contracted to obey him what in omnibus 〈◊〉 in all his commissions nothing lesse for that might be to disodey God and whether it bee lawfull to obey God or man judge you I but they have given him an absolute Authority and made him supreme and therefore not to be qâ—…stioned by â—…ny inferiour pâ—…wer and if this were true his Majesties counsell who too 〈◊〉 malâ—…ne â—…he haâ—…pinesse of King and peopâ—… and would worke oâ—… their owne 〈◊〉 desâ—…gnes by the ruine of boâ—…h wâ—…ld never have advised hâ—…s Majâ—…sty to have inserted this into many of his Declaratâ—…ons that his Royal power was committed unto him by God and the Law in trust for the well governâ—…ng and 〈◊〉 of his people committâ—…d to his charge And as a trust is for the benefit and behoofe of him for whose sake the convâ—…yance in trâ—…st was made nâ—…t of him who is the party intrusted So likewâ—…se every trust doth implâ—… a conditâ—…on that the party doe dâ—…ly perfâ—…rme and discharge thâ—… tâ—…st or if hâ—…e doe not that he bee 〈◊〉 so to doe Thâ—…s
writt and their oathes they are bound to preserve and defend and therefore clearely not out of their â—…gnizance for that passage in the Diary of 1. Hen. 4. I wonder the Author should so farre forget himselfe as to think that authorâ—…ty of any moment when he doth produce the Record I will then give him an answer So that I take this as an undeniable position that where the King doth duely execute the trust reposed in him there the 〈◊〉 are bound by his act and the Parliament in such caâ—…e have no 〈◊〉 or jurisdiction Bâ—…t if on the coâ—…trary the King infring his trust to the endangering of the Kingdom there the Parliament may are bound to 〈◊〉 for the securing oâ—… the King 〈◊〉 The 〈◊〉 will not passe over thâ—…s râ—…le thus for saith he if quod omnes tangit ab 〈◊〉 opprobâ—…ri debet with what equity then may the Clergie who are a considerable part of this Kingdome be excluded Why yes by the same eqâ—…ity that the Statute of 21. Hen. 8. doth exclâ—…de them from being Farmers that those who have devoted themselves soly to Gods service might not miscere se secularibus negotijs incumber themsâ—…lves with secular affaires for that this would be an impediment to the execution of their sacred function 'T was neâ—…er happy with this Nation since pride and covetousnesse so possessed the Clergie and temporall jurisdiction was dispensed by Ecclesiasticall persons And since they proved better Lawyers than Divines they â—…arved their flocke and made them more like wolves than Sheepe and Heathens than Christians I wish they would not desire temporall preâ—…erment but keepe themselves as they ought in their proper Spheare ponder on this that it is no small happines to be exempted from State 〈◊〉 molestations that it is the greatest honour to be the servant of God The Author saith that the King tells them their writt may direct them to know their power which is to counsell not to command I wish with all my heart that he and his associates could pleade as cleare a conscience from this as his Parliament can though certainely they may make a more colourable pretence to it than the Cavalliers if begging and intreating with all the submissivenesse that possibly can be be a commanding then are the Parliament highly guilty if it otherwise not Againe saith the Author the writt runnes super dubijs negotijs tractaturi vestrumque consilium impensuri So that the cleare meaning is their advise is not law except the Royall assent established it into an Act. If the Authour please but to advise with the learned he will finde that tractare is of a more large signication than to treat of or debate onely But was it ever said that their advise should be Law without the Regall assent They have power to declare what the law of the land is in case of publique concernement as now but it was never so much as thought on that they could make a new law or alter the old without his Majesty We must distinguish betweene the declaring or adjudging of a new case by the reason of the old law and the making of a new law the one they may doe without his Majesties consent the other they cannot 'T is alleadged that the King callâ—…th them Counsellors not in all things but in quibusdam arduis c. and the case of Wentworth is cited by his Majesty who being a member of the House of Commons was committed by Queene Elizabeth but for proposing they might advise the Qâ—…eene in a matter she thought they had nothing to doe to mâ—…ddle with To which the Observator answereth a meere example though of Queene Elizabeth is no Law 'T is true saith the Author but when grounded upon Authority I pray where is it and no way excepted against by those who have beene alwaies earnest defendors of their priviledges it may bee reckoned among sound presidents Happily there was never the like occasion to except against iâ—… as having never beene urged how then could it be answered I am confident that there was never any age before so guilty of the judging and questioning of the power of Parliaments But pray heare the Parliament and as you ought so rest satisfied who say that some Presidents ought not to be rules this you must agree to for that some are not lawfull But furthey they say that no presidents can bee bounds to the proceedings of a Parliament because some ought not to be followed and all may â—…all short and be different from the case in question The King denies the assembly of the Lords and Commons when be withdraweth himselfâ—… to bee rightly named a Parlâ—…ament or to have any power of any Court and consequenâ—…ly to be any thing but a meere convention of so many private men This is falsely imposed on his Majesty his answers and massages speakes the contrary which are directed to both Houses of Parliament Had it not beene doubted that other direction might have caused some mistake and miscarriage or at least have deniâ—…d them that acceptance that his Majestiâ—…s Messages do dâ—…serve I 〈◊〉 〈◊〉 oâ—…her name and style would have beene found out for doth he not in these very Mâ—…ssages call thâ—…m an inconsiderable number and a company of factious 〈◊〉 persons and the likâ—… 〈◊〉 〈◊〉 are not the stiles of a Parliament and for thâ—…ir powâ—…r if they can doe nothing wiâ—…hout his Mâ—…jesties consent and that not to be obtained neither what are they more thâ—…n a Cipher or a meere convâ—…ntion of private men And is this a falsity But our Authours language shâ—…ll not provoke to a retaliation The King doth assert that because the law hath trusted him with a Pâ—…erogative to discontinue Pâ—…aments to the danger or prejudice of the Kingdome this is no breach of that trust because in 〈◊〉 of Law the people may not assemble in Parliament but by his writt 〈◊〉 is grosse 〈◊〉 saith the Authour Howevâ—…r I am sure the language is grosâ—…e I had no time to 〈◊〉 for to disprove the Author but this I am certaine of that his Mâ—…jestie doth strongly urge that prerogative and his power and â—…lection thereby which gives a strong intimation of 〈◊〉 〈◊〉 of 〈◊〉 of freedome and power therein But why is it false because 〈◊〉 〈◊〉 Author if it appeare to him necessary or expedient for the Kingdome hee acâ—… he is obliged by that trust reposed in him to issue out his writts T is not to be 〈◊〉 â—…hat whâ—…n the people granted this Prerogative to his Majestie that they would give him so vast a power as to make him the sole Judge of the necessitie of a Parliâ—…ment for if so upon the 〈◊〉 of not necessary and that upon the 〈◊〉 of 〈◊〉 counsellers be the Kingdome in never so imminent never so appaâ—…ent danger it must be destroyed for want of a Parliament certainly this was never the intention of this trust
good an innocents oppugning of the sword of Justice to rescue his owne life I dare confidently asfirme not the least title to this purpose No a man ought to discharge his Covenant though it be to his disadvantage And ruat Coelum fiat 〈◊〉 though heaven itselfe if it were possible should be destroyed yet let justice â—…ourish That were a way to open a gap for all disorder and breach of rule and society without which no common wealth can be of long subsistance If thou suffer unjustly God will abundantly remunerate thy sufferings and repay it upon the head of thine enemies wherefore much better it is for thee to submit to thy censure by patience than to incurr the breach of all society by dâ—…sobedience I but saith the Author If reason will not satisfie perhaps 〈◊〉 may Qâ—…i 〈◊〉 potestati ipsi sibi damnationem acquirunt to resist the Magistrate 〈◊〉 And he saith that answer with which too many are deceived cannot excuse disobedience and Rebellion this 〈◊〉 obliges private men but not Magistrates Since inferiour Magistrates being opposed to the supreame power are but as pirvate men and in this respect the reason of obedience is common to 〈◊〉 T is not usuall with mee to intrenâ—…h upon another mans profession but seeing I am here inforced to it give me leave a little to sayle out of my way to answer the Author First for the taking up of Armes or the waging of a warre in generall I never heard any man oppose the legâ—…timation of that warre that had these three requisites or ingredients A lawfull authotity commanding 〈◊〉 as the â—…agistrate A just and lawfâ—…ll end or cause occasioning it as the defence of our Religion liberties and the like And a good affection in following of it as not with rashnesse or temeritie but after all other meanes sirst endeavoured And now I appeale to any indifferent man whom neither feare nor affection hath ingaged to the contrary whether all these are not exactly made good in this great â—…taking of the Parliament I but saith the Author how doth this anâ—…wer the taking up of armes against the 〈◊〉 〈◊〉 the King for 〈◊〉 all o her 〈◊〉 are but as private men compared with him To this I â—…nswer 〈◊〉 under he Aâ—…ors favour â—…he suprâ—…am power as I have made it good before is the people represented by a Parliaâ—…ent and then no doubt that precept of the Apostle comprehending the King aswell as other persons doâ—…h according to his owne Argument justifie he Parliament in their proceedâ—…s and make good â—…heir taking up of Armes in their owne just defence I but hen the Author 〈◊〉 hat of the Apostle that the Magistrate is Dei minister nobis in bonum Gods minister to thee 〈◊〉 thy good and though thou suffer by him unjusty yet there he is 〈◊〉 in bonum for that by thy patient suffering thou shalt thereby gaine an eternall reward Cerâ—…inly God never made Magistrates on purpose to aâ—…ict and 〈◊〉 over their pâ—…ople thâ—…t they by patient 〈◊〉 might enjoy the greâ—…ter happinâ—… hereafter No that they provâ—… corrupt issues from hemselves not from any divine determination and therefore if the Mâ—…gistrate doe prove to be Minister nobis in malum a Minister to thee â—…or thy ill he is not then 〈◊〉 minister Gods Minister for that he doth transgresse and goe beyond his commission and in such case under the favour of M. Doctor Ferne conscience doâ—…h not only deny obedience but command and justifie 〈◊〉 But in all this conceive me 〈◊〉 t is the magistrates not any 〈◊〉 opposition that I justifie and this being undertaken with the due circumstance is not a meanes to destroy order and societie but maintaine them But yet I hope our Auâ—…hor will be here informed that this is not our case For doe we take up armes against our Soveraign may he perish who in his thoughts intends him the least ill No t is as the Parliament have often declared against his Malignant Councellors such who endeavour whatever their 〈◊〉 may be to his Majesty the subversion of our Religion and the destruction of the publike And I hope there is nothing in the word of God that opposeth this O yes in opposing hâ—…s authority you fight against him Strange if it should be so when neither the law of God nor man do oblige obedience to commands unlawfull He that obeyes the magistrate upon such termes doth it at his owne perill and I hope t is lawfull for the Parliament to depresse any civill or private combustion I but what if that authority have the Kings person accompanying it may you in such case make resistance No question we may for t is not the person of the King that can legitimate an action that is in it selfe unlawfull nor adde any greater force or vigour to their Commission that obey Besides the personall presence of the King doth or doth not countermand his authority if it do countermand his authority then they have no power to warrant their actâ—…on if it do not yet the act is 〈◊〉 So then let them take their choise they see their termes Unhappy people who having committed themselves to the government of one King onely might not oppose the unlawfull and tyrannicall regiment of so many It being in effect objected as appeares befoâ—…e That a â—…emporall power meaning the Parliament cannot bee greater than that which is lasting and unalterable intending the King Is this were so saith the Observator the Romanes have done impolitickly in creating Dictators when any great extremity assayled them and yet we know it was very prosperous to them sometimes to change the â—…orme of government Hence we may conclude it good policy in imminent danger to trust to a Monarchy not 〈◊〉 Aristocâ—…y and much lesse to a Democracy What have we to do with Aristocracy or Democracy God be blessed we nor know nor desire any other government than that of Monarchy and we shall with all hâ—…mility cast our selvs upon his Majesties care and providence guided by his Parliament But if sedâ—…ced by malignant and destructive Counsell we are not bound to yeeld our selves as a prâ—…y to the ranâ—… and malice of his and our enemies The King objects if we allow the Lords and Commons to be more than Councellors wee make them Comptrollers and this is not â—…ble to Royalty To which the Observator answers 〈◊〉 say saith he that to coâ—…t is more than to counsell 〈◊〉 yet not aâ—…es so much as to command and comptroll True saith the Author not alwayes but then it is when their 〈◊〉 〈◊〉 impose a necessity upon the 〈◊〉 of 〈◊〉 the like Doth their consent impose a greater necessity or ingagement upon the King than the consent or declaration of law in cases of publike conâ—…nt by former Parliaments hath done or than the judgement of his Judges in inferiour Courts doâ—…h do who are so Counsellours for the King as that the King may
what are they I but he saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 This is but your bare assertion which is nâ—…t to be credited before the Paâ—…liament But if it had beene so that they had beene turned 〈◊〉 〈◊〉 〈◊〉 be sayes the same law would have justified this act as well as the 〈◊〉 So it would had the primer seisin of their estates beene of the like conâ—…equence and concernmeâ—…t â—…o the publike But he sayes since not only the Countrey about but the inhabitants within the towne have suffered in their estates and liberties If any have suffered without they may thank the unlawfâ—…ll assaults of others if within their unfaithfulnesse to the Common wealth Or if they clâ—…ymed any interest in it to themselves So much the lesse reason to 〈◊〉 on it if he cannot so much as pretend title to it T is sufficient if the common Wealth clayme an interest in it though he doth not Or have 〈◊〉 the king utterly denying his right for the future If any law can be produced to justifie the taking away the kings goods 〈◊〉 a time the 〈◊〉 will be cleared If any law or evidence can be produced to justifie the towne of Hull to be the Kings goods otherwise than with reference to the common wealth for the good of which he is intrusted with it then happily the case may not be so evident Or have made any other â—…se of their possession but meerely to prevent civill warre There is not any way more likely to create a civill 〈◊〉 than indeavours to prevent it by illegall courses Uery just if you could demonstrate any illegall courses that have beene taken If the Parliament the shutting of the King out of Hull was not their act if the Act of the substitute be not the Act of him that doth authorize him then I understaud no law be not vertually the whole kingdome it selfe The King exclâ—…ded it is not T is certaine but if he exclude himselfe then it is If it be not like supreame judicature as well in matters of State as matters of law Till new lawes be enacted the subject cannot justifie any act but what is 〈◊〉 〈◊〉 by the old This is an unquestionable truth if the Author doe not corrupt it by this false glosse and interpretation he must know t is one thing to declare the common law another to â—…act a new law the subject may justifie an act by the authority of Parliament without his Majesties consent in the former not so in the latter If it be not the great Counsell 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 ne quid detrimenti capiat respublica 〈◊〉 the brand of treason stick upon it No provisions are allowed but what are legall least the remedies prove worse than the disease Very right but circumstances may vary a case And that may and ought to be legall at one time that neiâ—…her will nor can be so at another And in extraordinary cases extraordinary provisions may bee made and ought not to beâ—… brâ—…nded with injustice or breach of Law Nay if the Parliament would have used this forcible meanes unlesse petitioning would not have prevailed It is no just cause to take away a 〈◊〉 money and said he did first desire him to deliver it Cleare law and the cases will no way vary if the Author can prove that the King hath as absolute a property in the towne of Hull as any man hath in his money Or if their grounds of 〈◊〉 were 〈◊〉 vaine It is against all equitie to dâ—…e a wrong because there is a 〈◊〉 of suffering it Right but I hope you will prove now that there is a wrong done and not argue this by way of admission Besides it is against all reason that a whole Kingdome should be put to suffer a wrong out of a meere possibilitie of doing one Or if the 〈◊〉 of a 〈◊〉 kingdome can be coâ—…ted vaine Too large an expression much the greater paâ—…t of the kingdome apprehend unjust grounds of jealousies Very good is not this the Doctrine of division that I impeach our Auâ—…hor to be guilty of before The Parliament have formerly beene esteemed the representative body of the whoâ—… Kingdome But belike now â—…is otherwise they have I know not how lost this honour and priviledge or it is unjustly taken from them In the easing us of these many preâ—…ures which lay so heavin upon he Kingdome 〈◊〉 which we and our whole posterity are eternally ingaged unto them there they did represent us and their actions for our benefiâ—… had an influence upon the whole Kingdome But if they tell us through their vigilancy and great care of us that we are like to be reduced to a worse condition through the malicious counsâ—…ll of those men that wrought our former miseries if not timely prevenâ—…ed there they sit in a parsonall capacity only and we are not bound to believe that we 〈◊〉 in danger because they say so No alaâ—… they are a seditious factious and inconsidâ—…rable number who intend to raise tâ—…ir own fortunes upon vâ—…ine 〈◊〉 of danger out of the publike d stractionâ—… O the wit and power of 〈◊〉 that should thus work upon men to renounce their unde standing neglect their duty and incurre the publike ruine upon a meere possibility tha they may be seduced by the Parliament But t is very mâ—…ch â—…at the Author should dare to affirme â—…ha much the greater part of the Kingdome apprehâ—…nd no ground of jealousie bâ—…like he hath travailed the wâ—…ole Kingdom over and examined men by the Poles and takâ—…n every ones suffrage and so upon the to â—…l cast up on every side is able to render you this account or otherwise hee could never make good his assertion Oâ—… if they clâ—…yme any such right of judging of dangers and preventing of them without the Kings Consent as ordinary and perpetuall As ofâ—…en as they have a mind to make use of such a right t is easie â—…or them to call the case extraordinary and pretend publike dangâ—…rs If it shall be suffered that their soleâ—…ne judgements and determinations which are of so great waight and credit that they ought to awe us to a beliefe of them shall be blasted with the scandall of vaine and pretendâ—…d how can it possibly be â—…hat there should fall out any case 〈◊〉 I but the event ought to be Judge and he sayes they will never be câ—…nfuted by that if not now for certainly apparent dangâ—…s did never lesse appâ—…e Admirably ingenious were it not a pure contradiction for doubâ—…lesse if apparent dangers they must be seene But let me tell you that the issue or event is no certaine de ermiâ—… of an imminent danger a provident care
Paramount in every mans private property and so if occasion require may call for a part for the preservation of the whole and upon such termes he is unwise that will not freely disburse it yet it doth not therfore follow that this is seized by the same right that the Forts Castles are which are meerely for the publike defence and security For the Kingdom hath a peculiar proper interest in the one which it hath not in the other And though necessity may justly demand both for the Publique safety yet it is the proper worke and office of the one not soof the other That there is an Arbitrary power in every state somewhere t is true t is necessary no inconveniencefollows upon it If he mean by arbitrary a lagistative power this is granted yet not to part but the wholebody But what if one part do desert the other and refuse to concurre with hâ—…m must that 〈◊〉 still and do nothing But hee sayes this speakes not to the case for still they give us a certaine rule to live by And do not the Parliament do the same No law can be all equity nor all equity Law for so the one would confound and destroy the other but there must be a certaine rule upon which to make this equitable construction Why now I appeale to any one that knowâ—… any thing of the justice of their proceedings whether that they have not often laid downe this as an unquâ—…ionable position that the King by his Prerogative hath the sole ordering of the 〈◊〉 of the Forts Castles and Magazine throughout the Kingdome why then hâ—…re is your certaine rule to live by onely they make this equitable qualification of it and I must say that it were no just law if it would not admit of this construction that in case where 〈◊〉 Kingdome is in imminent danger of for reigne invasion or civill combustion and that the King seduced by evill and Malignant Counsellours will not receive their advise and Counsell for the securing of the same in such caâ—… they who are intrusted with the publike may seize the Forts and Magazine and 〈◊〉 the Militia for his Maâ—…esties and his peoples safety and preservation And doth this any whit destroy the rule Nay rather doth it not mainetaine and support it I but he saith that he is to justifie there is such a Paramount Law which shall make other lawes truely Oracles that is capable of contrary meanings so that now a man may be justly punished for doing such a thiâ—…g because he hath disobeyed the letter of the law a weeke after he shall be justly punished too for noâ—… doing of the same thing because he hath disobeyed the equity of the law This I shall justifie and yet let me tell the Author that this is no forcing or stâ—…ayning the lawes to contrary meaning but onely a Declaration of the true intention of them The Statuâ—…e de frangentibus prisenam doth enaâ—…t that it shall be felony for a prisoner to breake prison the prison by accident is set on fire tâ—…e prisoners may in such case break prison for the salvation of their lives and are no felons and yet this is against the expresse letter of the Statute and shall wee in such case say that this is a contrary meaning to the law No wee may not t is cleerely agreeable with the intention of it Agaâ—…ne the sole power of ordering of the Militia doth by the law reside in the King and if in time of peace and securâ—…ty the King duely discharging of his trust any one shall dare to execute any other Commission and by vertue of that shall traine muster or discipline any 〈◊〉 his Majesties subâ—…ects without his authority there hee is justly punishable as offending against the letter of the law But now on the other side if in time of publique distraction and feare of invasion from abroad or of civill and intestine combustion within the King shall refuse to hearken to the Counsell of his Parliament and shall listen to such advise as being followed mâ—…y prove the utter ruine and destruction of the Common-wealth In such case if they shall take upon them for to order the Militia for the securing of his Majesty and people and shall 〈◊〉 〈◊〉 Commissions to that purpose those that in sâ—…ch case shall disobey may be punished for not submitting to the equity of the law And yet still this is no contradiction or contrary â—…eaning to the law but an eqâ—…itable just â—…planation according to the intâ—…ntion of it And if this will not give the Author satifaction for my part I thinke nothing will I but then he cites us Aristotle which saith Those lawes are with greatest prudence 〈◊〉 shed which dâ—…fine most cases and which leave nothing which possibly may be determined 〈◊〉 〈◊〉 breast of the judge And the Author gives the reason of it for that to leave an ample and large construction according to equity unto Iudges may be a meanes to satisfie corrupt ends T was a wise saying of Aristotle and no doubt t is a very admirable rule and direction for all legistative powers to make such lawes that might be their owne exposâ—…ours and that might if it were possible extend to all cases â—…hat so the selfe respect or corrupted judgement of their interpreters might not through the dubious ample or various sense of them be satisfied But since it is impossible for them so 〈◊〉 sorsee and inlarge the law but they must of necessity lâ—…ave some câ—…ses unprovided for and some incertaine which must râ—…st upon the judgement of the Iudges of it How doth it any way oppose law or reason where there is not for all cases an exact provision to allow a favourable and 〈◊〉 construction But then covertly 〈◊〉 to the condition of our times he tells us a large Story of the 〈◊〉 in Germany and of the Thirty Tyrants of Athens what a 〈◊〉 and large power they had got into their hands 〈◊〉 by insinuating themselves into the hearts of the people and how they did abuse that power by injustice and oppression and so concludes that upon proportionable grounds and principles such mischeifâ—…s being then may be againe Could the Author have made a worse compâ—…rison 〈◊〉 〈◊〉 would was ever greatâ—…r dishonour or indignity cast upon a Parliament upon such 〈◊〉 such groundlesse and inconsequent reasons and arguments The Anabaptists they abused Germany the thirty Tyrants Athens and therefore thâ—… Parliament do England the rest of His booke shewes this to be his meaning though hee conclude with a may be though he had not regarded his own credit and reputatiâ—…n yet hâ—…e should have had some respect to the honour and fame of his Countrâ—…y and have studied a better resemblance though he had not raised a better conclusion The bad actions or impostures of some are not infallible presidents for others to be judged by But to advertise the Author that he do not for the