the legallity anâ—… expedience of each circumstance which perhaps he 〈◊〉 not capable of perhaps reason of State will not peâ—… mit him to know it The House of Commons havâ—… a close Committee which shews their allowance oâ—… an implicit confidence in some cases yet are theâ—… but Proctors for the Commonalty whereas the Kinâ—… is a Possessor of Soveraignty But it is alleged thaâ—… of two evills the lesse is to be chosen it is better to disobeâ—… Man then God Rather of two evills neither is to bâ—… chosen but it is granted that when two evills arâ—… feared a Man should incline to the safer part Noâ—… if the Kings Command be certain and the other danger but doubtfull or disputable to disobey the certain command for feare of an uncertain or surmised evill is as Saint Austin saith of some Virgins who drowned themselves for feare of being defloured to fall into a certain crime for fear of an uncertain A third error in this distinction is to limit the Kings Authority to his Courts All Courts are not of the same Antiquity but some erected long after others as the Court of Requests Neither are all Justices of the same nature some were more eminent then others that were resident with the King as his Councell in points of Law these are now the Judges Others did justice abroad for the ease of the Subject as Iustices of Assise Iustices in Eire Iustices of Oier and Terminer Iustices of Peace The Barons of the Exchequer were anciently Peeres of the Realme and doe still continue their name but to exclude the King out of his Courts is worse a strange Paradox and against the grounds of our Laws The King alone and no other may and ought to doe justice if he alone were sufficient as he is bound by his Oath And again If our Lord the King be not sufficient himselfe to determine every cause that his labour may be the lighter by dividing the burden among more Persons he ought to choose of his own Kingdome wise Men and fearing God and of them to make Iustices These Justices have power by Deputation as Delegates to the King The Kings did use to sit personally in their Courts We reade of Henry the fourth and Henry the fift that they used every day for an houre after dinner to receive bills and and heare causes Edward the fourth sate ordinarily in the Kings Bench Richard the third one who knew well enough what belonged to his part did assume the Crown sitting in the same Court saying He would take the Honour there where the chiefest part of his duty did lye to minister the Laws And Henry the eight sate personally in Guild-Hall The Writs of Appearance did â—…un coram me vel Iusticiariis meis before me or my Justices Hence is the name of the Kings Bench and the teste of that Court is still teste meipso witnesse our selfe If the King be not learned in the Laws he may have learned Assistents as the Peeres have in Parliament A clear and rationall head is as requisite to the doing of Justice as the profound knowledge of Law It is a part of his Oath to doe to be kept in all his judgments Right Iustice in Mercy and Truth was this intended onely by Substitutes or by Substitutes not accountable to him for injustice we have sworne that he is supreme Governour in all causes over all Persons within his Dominions is it all one to be a Governour and to name Governours David exhorts be wise now therefore O yee Kings Moses requires that the King read in the booke of the Law all the dayes of his Life Quorsum perâ—…itio haec what needs all this expence of time if all must be done by Substitutes if he have no Authority out of his Courts nor in his Courts but by delegation When Moses by the advise of Iethro deputed subordinate Governours under him when Iehosophat placed Judges Citty by Citty throughout Iudah It was to ease themselves and the People not to disingage and exinanite themselves of Power It is requisite that His Majesty should be eased of lesser burthens that he may be conversant circa ardua Reipublicae about great affaires of State but so as not to divest his Person of his royall Authority in the least matters Where the King is there is the Court and where the Kings Authority is present in His Person or in his Delegates there is his Court of Justice The reason is plain then why the King may not controule his Courts because they are himselfe yet he may command a review and call his Justices to an account How the Observer will apply this to a Court where neither His Majesty is present in Person nor by his Delegates I doe not understand The fourth and last error is to tie the hands of the King absolutely to his Laws First in matters of Grace the King is above his Laws he may grant especiall Privileges by Charter to what Persons to what Corporations â—…e pleaseth of his abundant Grace and meere motion he may pardon all crimes committed against the Law of the Land and all penaltyes and irregularityes imposed by the same the perpetuall Custome of this Kingdome doth warrant it All wise men desire to live under such a Government where the Prince may with a good Conscience dispence with the rigour of the Laws As for those that are otherwise minded I wish them no other punishment then this that the paenall Laws may be executed on them strictly till they reforme their Judgements Secondly In the Acts of Regall Power and Justice His Majesty may goe besides or beyond the ordinary course of Law by his Prerogative New Laws for the most part especially when the King stands in need of Subsidies are an abatement of Royall Power The Soveraignty of a just Conquerer who comes in without pactions is absolute and bounded onely by the Laws of God of Nature and of Nations but after he hath confirmed old Laws and Customes or by his Charter granted new Liberties and Immunities to the collective Body of His Subjects or to any of them he hath so farr remitted of his own right and cannot in Conscience recede from it I say in Conscience for though humane Laws as they are humane cannot bind the Conscience of a Subject and therefore a fortiore not of a King who is the Law-giver yet by consequence and virtue of the Law of God which saith submit your selves to every ordinance of Man for the Lords sake and again Thou shalt love thy neighbour as thy selfe they doe bind or to speak more properly Gods Law doth bind the Conscience to the Observation of them This is that which Divines doe use to expresse thus That they have power to bind the Conscience in se sed non a se in themselves but not from themselves non ex authoritate Legislatoris sed ex aequitate Legis not from the authority of the Law-giver but from
Wealth Peace and Godlinesse but also to promote their Good But this Protection must be according to Law this Promotion according to Law Now if a good King at seasonable and opportune times so it may not be like the borrowing of a shaft for the Hatchet to cut down the great Oake nor like the plucking off one or more feathers out of the Eagles wings wherewith to feather an arrow to pierce through that King of Birds shall freely according to the dictates of his own Reason part with any of those Jewells which do adorn his Royall Diadem for the behoofe of his Subjects it is an act of Grace not onely to individuall Persons but to the collected Body of his People so both Houses have acknowledged it yet you say it is meere duty that both Honour and Justice do challenge it from him It is a strange and unheard of piece of Justice and Duty which is without and beyond all Law You say the word Grace sounds better in the Peoples mouth then in His O Partiallity how dost thou blind mens eyes The Observer sees that Grace sounds ill in the Kings mouth and yet he doth not or will not see how ill duty and meere duty sounds in his own mouth being a Subject towards his Soveraigne The truth is it is most civill for Receivers to relate benefits sufficit unus huit operi si vis me loqui ipse tace But where the Receivers forget themselves yea deny the favours received as this Observer doth it is very comely for the Bestowers to supply their defect Next to your taking away of Ship-Money Star-chamber High Commission c. It is an easy thing to take away but difficult to build up both in nature and in respect of mens minds which commonly agree sooner in the destructive part then in the constructive All the danger is either in exceeding the golden mean by falling from one extreme to another or in taking that away which by correcting and good ordering skill might have been of great use to the Body Politick We are glad to be eased of our former Burthens yet we wish with all our hearts that our present ease may not produce greater mischiefes that in true reall necessities and suddaine dangerous Exigences the Common-wealth may not be left without a speedy Remedy That if the Laws have not sufficiently provided for the suppressing of riots and tumultuous disorders in great men yet the ordinary Subject may nor be left without a Sanctuary whither to fly from oppression That in this inundation of Sects which doe extremely deforme our Church and disturbe the Common-wealth there may be a proper and sure Remedy provided before it be too late and we be forced in vaine to digge up Antigonus again out of his Grave As for the taking away of Bishops Votes at this time I doe not doubt but that great Councell of the Kingdom had reasons for it and may have other Reasons when it pleaseth God to restore them again There is much difference betwixt a coercive and a Consultive Power No Nation yet that ever I read of did exclude their Religious from their Consultations To make a Law perfectly good Piety must concurre and who shall judge what iâ—… piouâ—… shall they first be excluded from all other Professions and then from their owne Brittish Bishop have been of noâ—…e in great Councells Forrein and Domestique these one thousand four hundred and thirty years It is your own Rule quod omnes tangit ab omnibus tractari debet All other Professions in the Kingdome are capable â—…oth of electing and being elected but for this I doe submit and leave it to time to discover what is good for the Kingdome Observer This directs us then to the transcendent achme of all Politicks to the Pâ—…ramount Law which shall give Law to all Humane Laws whatsoever and that is salus Populi The Law of Prerogative it selfe is subservient to this Law and were it not conducing thereunto it were not necessary nor expedient Answer If this Author could commit the Law of Prerogative and this Supreme Law of salus Populi together as opposite one to another he had said something but he cannot see Wood for Trees the same transcendent achme which he magnifies is the Law of Prerogative it selfe because a generall Law cannot take notice of the equity of all particular circumstances nor of the necessity of all particular Occurrences therefore the supreme Prince is trusted with this Power Paramount That which the Law of Nature warrants in a private Man as in a scathfire to pull down a Neighbours House to prevent the burning of a Citty to cast another mans corne overboord in a Tempest to defend himselfe from Thiefes in cases where he cannot have recoarse to the Magistrate or the suddainesse of the Danger will admit no formall Proceeding in Law So publicke necessity doth justifie the like Actions in a King where the exigence of the State is appâ—…tant If this Power be at any time misimployed if this Trust be violated yet the abuse of a thing cannot take away the use and lawfull and necessary right which is grounded upon the universall and perpetuall Law of salus Populi which comprehends the good of the Soveraigne as well as of the Subject But it is now grown into fashion for Subjects without Authority Equity or Necessity to urge this Law upon all occasions Salus Populi is like the Foxe in AEsops Fables it is in at every end Mens Persons are imprisoned their Houses plundered there Lands sequestred their Rights violated without the Judgement of their Peeres contrary to the known Law contrary to the great Charter and nothing pretended for this but the Law Paramount Truely Sir if this be salus Populi uâ—…a salus sanis nullam sperare salutem A remote Jealousie or Suppofition is no good ground for the exercise of this Law as to pull down another Mans House for fear of a Scathfire to come God knows how or when perhaps foretold in a Prognostication The Dangers must be very visible before this Rule take place not taken upon Trust or an implicit Faith like Seoggins fiery Draggons in the aire All true Englishmen will desire to be governed by their known Laws and nor to hear too often of this Paramount Law the application or misapplication whereof hath been the cause of the past and present Distempers of this Kingdom Extraordinary Remedyes like hot Waters may helpe at a Pang but being too often used spoyle the Stomack Observer Neither can the Right of Conquest be pleaded to acquit Princes of that which is due to the People as the Authours and ends of all Power for meere Force cannot altar the course of Nature or frustrate the tenour of the 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 it is a shamefull Stupidity in any Man to think that our Ancestors
the Law no otherwise then by voluntary submission Secondly the Law hath a directive Power over Kings and all good Kings wilâ—… follow it for example sake to their Subjects for Conscience sake to themselves Tacitus saith of Vespasian that being antiquo cultu victuque observing the old customes in his Diet and his apparrell he was unto the Romans praecipuus adstricti moris Author an excellent pattern of Frugalitie But the Law hath no coercive Power over him This besides his Power of pardoning and dispensing may appear by these two reasons First that no writ lyes against him in Law but the party grieved hath his remedy by Petition or supplication Secondly that if upon petition he doth not right the wronged party there is â—…o course in Law to compell him satis sufficit ei â—…d paenam quod Dominum expectet ultorem and elsewhere incidit in manus Dei viventis he falls into the hands of the living God which the Scripture saith is a fearfull thing wiâ—…nesse Pharaoh Senacherib Nero Domitian Dioclesian Deciâ—…s Aurelian Iulian c. Some slain by themselves some by others some drowned some smitten with Thunder some eaten with Wormâ—… how seldome Tyrants escape punishment even in this World I see not why the Obserâ—…er should be so angry that this Doctrine should be pulpitted as he phraseth it or why he should accuse it of flattery whether is the greater curbe to restreine Princes the fear of Man or of God of temporâ—…ll onely or of temporall and eternall punishment Si genus humanum mortalia temnitis arma At sperate Deosmemores fandi atque nesandi The Observer acknowledgeth as much in effect The King is not accountable for ill done Law hath only a directive no coercive force upon his Person There is a fourth answer to this Text by distinguishing between private Persons and subordâ—…te Magistrates but because the Observer makes no use of it I passe by it Observer But Freedome indeed hath diverse degrees of Laâ—…tude and all Countries there in dâ—… not participate alâ—… but positive Laws must every where assigne those 〈◊〉 The Charter of England â—…s not strait in Privilegâ—… 〈◊〉 us â—…ther is the Kings Oath of small strength to 〈◊〉 Charter oâ—… that though it be more precise in the care 〈◊〉 Canonicall Privileges and of Bishops and Clergy-meâ—… is having been penned by Popish Bishops then of thâ—… Commonalty yet it confirmes all Laws and rightfull Customes amongst which we most highly esteeme Parliamentary Privileges and as for the word eligerit whether it be future or past it skills not much â—…or if by thâ—… Oath Law Iustice and Discretion be executed amongâ—… us in all judgements as well in â—…s out of Parliaments and if Peace and godly agreement be 〈◊〉 kept amongst us all and if the King defend and uphold all ouâ—… Laws and Customes we need not â—…eare but the King 〈◊〉 bound to consent to new Laws if they be necessary aâ—… well as defend old for both beiâ—…g of the same necessity the publike trust must needs equally extend to both anâ—… we conceive it one Parliamentary Right and Custome that nothing necessary ought to be denied And thâ—… word eligerit if it be in the perfect tense yet shews thaâ—… the Peoples election had been the ground of ancienâ—… Lawes and Customes and why the Peoplâ—…s Eleâ—…ion in â—…arliament should not be now of as great moment as ever I caâ—…not discover Answer â—…omento fit cinis diu silva The Observer hath 〈◊〉 long weaving a Spiders Webbe and now he â—…selfe sweepes it away in an instant for if 〈◊〉 Laws must every where assigne the degrees of liâ—… what will become of those tacite trusts and reâ—…ions of those secret and implicite but yet neâ—…ry limits and conditions of Soveraignty which if the Prince exceed the Subject is left free nay 〈◊〉 is bound by a higher duty then Oathes and all Ties of Allegiance whatsoever to seek his own preservation and defence Calvin wâ—…s of another mind Superior si pâ—…testate suâ—… abutituâ—… rationem quidem olim reâ—…det Deo non tamen in presentia jus suum amitâ—…it Admitting this Doctrine that there are such secret reservations and condition and these as generall as â—…afety Liberty and Necessiâ—… and make the People their own â—…udges wâ—…en necessiâ—…y iâ—… what is a violation of Liberty and what doth indanger their safetâ—… and all that great and glorious Power which we give unto Princes will become but like the Popes infallibility and his temporall Dominion which his Flatterers doe give unto him with so many cautions and reservations that they may take it away when they please Take nothing and hold it fast But leaving these flegmaticke speculations I doe readily joyn hands with the Observer herein That the positive Laws of a Kingdome are the just measure and standard of the Lâ—…berty of the Subject To say nothing of the great distance that is between ouâ—… Euroâ—…aean Pâ—…nces in extent of Power over their 〈◊〉 â—…o come â—…ome to our selves we see some Corporâ—…ons are indowed with more liberties and Privileges then others thanks to a favourable Charter not to any anâ—…ecedaneous Pâ—…ctions we see what difference of Tenures is amongst uâ—… some are Coppy-holders some are Free-holders some hold in Villeâ—… 〈◊〉 some in Knight service some in free soccage 〈◊〉 in Franke Almaine whence springs this diverâ—… but from custome and the pleasure of the Doâ—… who freely imposed what conditions he liked at such time as he indowed the ancestorâ—… of the present Possessors with such and such Lands We have a surer Charter then that of Nature to hold by Magna Charta the English Mans jewell and Treasure the fountain and foundation of our Freedome the Walls and Bulwarke yea the very life and soule of our security He that goes about to violate it much more to subvert it in whole or in part I dare not curse him but I say for my selfe and let the Observer do the like let him prove the shame and abject of Men and his Posterity slaves But doe you think it was penned by Popish Bishops faire fall them for it certainly they did that as English Bishops and as Christian Bishops not as Popish Bishops long may their reformed Successors injoy the fruit of their Labours if they doe not others may looke to themselves Jam tua res agitur paries oum proximus ardet It is no new thing to beginne with Bishops and â—…end with Nobles It troubles you that they were so â—…recise in the care of Canoicall Privileges T is probable they did it out of Dâ—…otion 〈◊〉 〈◊〉 call instinct as foreseeing or feâ—…ring 〈◊〉 Times Yet you confesse withall that it confirmes 〈◊〉 Laws and rightfull Customs to all Subjects 〈◊〉 Now Sir we are come to a fairâ—… Issue hold 〈◊〉 foote there your next taske must be to shew â—…at part of Magna Charta is violated by His Majesty what Liberties there granted are by him deteâ—…ned from the Subject if
of such Laws as have not passed the Royall Assent the answer is easy that the best confirmation of Laws is the due execution of them Now from our English and Latin Formes our last step is to the French which was taken by Edward the second and Edward the third as it is said and runnes thus Sire grantes voâ—… a tenir garder lesleys lâ—…s custumes droiture les les qâ—… els la communante de vostre Royaume aur esâ—…u les deâ—… fenderer afforcerer al honnâ—…ur de dieu a vostre poâ—… First how it shall appear that this Oath was takeâ—… by Edward the second and Edward the third we are yeâ—… to seek A Bishops Pontificall and much more 〈◊〉 Heraulds notes taken cursorily at a Coronation doâ—… not seem to be sufficient Records nor convincing proofe in our Law And Bracton who lived abouâ—… the same times sets down the Oath otherwise Debâ—… Rex in Coronatione sua in nomine Iesu Christi prâ—…stito Sacramento haec tria promittere populo sibi Subdito primo se praecepturum pro viribus impenâ—…urum ut Pax Ecclesiae omni populo Christiano omni suo tempore observetur Secundo ut omnes rapacitateâ—… omnes iniquitates omnibus gradibus interdicat Tertio ut in omnibus judiciis aequitatem praecipiat misericordiam Here is neither have chosen nor shall choose Secondly though the French doe agree with the Latin much for Sense and substance yet it is not the same Forme Thirdly the King grants to defend the Laws and Customes but it is no Law till it hath received Royall Assent it iâ—… no Custome till it be confirmed by a lawfull prescription Fourthly that the word Elect is joyned immediately to Customes which seems not so proper if reddendo singula singulis it ought to be referred to Laws aâ—…d not to Custome Fiftly what the Norman French may differ from the Parisian or both of them then from what they are now or both then and now from our Law French I cannot determine But take it at the worst the words in question aur eslu make lesse for the Observer then 〈◊〉 it selfe and doâ—…â—…gnifie have chosen or in the most Grammâ—…ticall Peâ—…nticall construction that can be mâ—…de shall have 〈◊〉 whereas if it were shall choose it should be 〈◊〉 or 〈◊〉 If the Herauld did take his notes as â—…l as he translates his remembrances are but of small â—…oment Before all these Formes I reade of others 〈◊〉 late Authors for I have not opportunity to see â—…e originall Records as that of King Richard the â—…rst agreeing much with Bracton To oâ—…rve â—…eace â—…onour Reverence to Almighty God to his Church â—…nd to the Ministers of the same To administer Law â—…nd justice equally to all To abrogate evill Laws and â—…ustoms and to mâ—…intein good Here is indeed a refeâ—…ence to future Lawâ—… but no depâ—…ndence on other â—…ens judgements And to this King Iohns Oath â—…ame nearest of any Form yet mentioned though â—…ot exactly the same as differing in the first clause in â—…his To love and defend the Catholicke Church To summe up all thâ—…n in a word First here is no cerâ—…ain forme to be found Secondly for those Formes â—…hat are the Parliament Rolls referre us to the Biâ—…hops Register Thirdly few of those Formes have â—…e word elegerit or â—…hoose in them and those that â—…ave it haveit doubtfully either have chosen or shall choose Fourthly admitting the signification to be fuâ—…ure yet the Limitation which is expressed in the Oath of Richard the second juste rationabiliter justly â—…easonably must of necessity be understood in all otherwise the oath is unlawfull in it selfe to oblige the King to pâ—…rform unjust and unreasonable Propositions and binds not Whether it be expressed or understood it leaves to the King a latitude of Judgement 〈◊〉 examine what is just and reasonable and to follow thâ—… Dictate of his own understanding the practise of aâ—… Parliaments in all Ages confirmes this expositioâ—… Lastly admitting but not granting the word elegerâ—… to be future and admitting that the limitation oâ—… juste rationabiliâ—…er could be suspended yet it woulâ—… not bind the King to confirme all Laws that are tenâ—…dred but only exclâ—…sively to impose no other Laws oâ—… his Subjects but sâ—…ch as shall be presented approveâ—… in Parliament Iâ—… hath been questioned by some 〈◊〉 whom the Legislâ—…ive Power did rest by Law whether in the King â—…lone as some old Forms doe seeâ—… to insinuate Coâ—…ssimus Rex concedit Rex ordinaâ—… Rex statuit Dâ—…inus Rex de communi suo concilâ—… statuit Dominus â—…ex in Parliamento statuit or iâ—… the King and Pâ—…liament joyntly And what is thâ—… power of Parliaâ—…ents in Legislâ—…tion Receptivâ—… Consultive Apâ—…obative or Cooperative Anâ—… whether the maâ—…g of Laws by Parliament be aâ—… some have said 〈◊〉 mercyfull Policy to prevent coâ—…plaints not alterâ—…le without great perill or as 〈◊〉 seemes rather aâ—… absolute requisite in Law and 〈◊〉 matter of necessity there being sundry Acts inferâ—… our to Law-makâ—…g which our Lawyers declare iâ—…valid unlesse theâ—… be done by King and Parliamenâ—… Yet howsoever it be abundans Cautela non nocet foâ—… greater Caution it yeelds more satisfaction to thâ—… People to give sâ—…ch an Oath that if the King haâ—… no such power he would â—…ot usurpe it if he had sucâ—… a Power yet he would not assume it And this 〈◊〉 clearly the sense of that oath of Edward the sixâ—… That he would make no new Laws but by the consent of His People as had been accustomed And this may be the meaning of the clause in the Statute Sith the Law of the Realme is such that upon the Mischiefes and Dammages which happen to this Realme He is bound by his Oath with the accord of His People in His Parliament thereof to make Remedy and Law Though it is very true that this being admitted as then it was to be a Law in Act the King is bound by another clause in his Oath and even by this word elegerit in the perfect tense hath chosen as well or rather more then if it were in the future shall choose And so it follows in that Statute plainly that there was a Statute Law a Remedy then in force not repealed which the King was bound by his Oath to cause to â—…e kept though by sufferance and negligence it hath been sincâ—… attempted to the contrary So the Obligation there intended is to the execution of an old Law not the making of a new Richard the second confesseth that he was bound by his oath to passe a new grant to the Justices of Peace But first it appears not that this was a new Bill Secondly if it did yet Richard the second was then but fourteen yeares old And thirdly if his age had been more mature yet if the thing was just and beneficiall to the People without prejudice to the rights of his Crown and if his own reason did
of eminency on Earth If he will have no Bees but such as have no stings he may catch Drones and want his honny for his labour To limit Princes too farr is as if a Man should cut his Hawkes â—…ings that she might not fly away from him so he may be sure she shall never make a good flight for â—…im Saint Bernard tells us a Story of a King who â—…eing wounded with an arrow the Chirurgeons deâ—…ired Liberty to bind him because the lightest moâ—…ion might procure his Death his answer was non â—…ecet vinciri Regem it is not meet that a King should â—…e bound and the Father concludes Libera sit Regis semper salva potestas In two particulars this third Cato is pleased to expresse himselfe he would have the disposition of great offices power of calling and dissolving Parliaments shared betwen the King and the People Yesthe great Offices of the Kingdome and the Revenues of the Church have been the great wheeles of the Clock which have set many little wheeles 〈◊〉 going doubt you not the Observer meant to lick 〈◊〉 own fingers These speculations might be seasonabâ—…e in the first framing of a Monarchy Now when a Power is invested in the Crown by Law and lawfulâ—… Custome they are sawcy and seditious Howsoever his bolt is soone shot He that is wise in his own eyes there is more hope of a Foole then of such a Man Otherâ—…â—…s much wiser then he is almost as he conceives himâ—…lfe to transcend them are absoluâ—…ely of another miâ—… that this were to open a sluce to Faction and Sediâ—…on to rolle the Apple of Contenâ—…ion up and down both Houses of Parliament and each County and Burrough in the Kingdom to make labouring for places packing for votes in a word to disunite and dissolve the contignation of this Kingdom This in Policy They say further that in Iustice If the King be bound by His Office and sworn by His Oath to cause Law Iustice and Discretion in mercy and truth to be executed to His People If he be accountable to God for the Misgovernment of his great Charge that it is all the reason in the World why he should choose his own Officers and Ministers Kings are shadowed by those brazen Pillars which Hiram made for Solomon having Chapiters upon their heads adorned with Chaines and Pomgranates If these Sonnes of Belial may strip Majesty by Degrees of its due Ornaments first of the chaines that is the power to punish evill Doers and then of the Pomegranates the ability to reward good deserts and so insensibly to robbe them of the dependence of their Subjects the next steppe is to strike the Chapiters or Crownes from of their heads But how can this be except all Parliaments were taken as deadly Enemyes to Royalty Still when the Observer comes to a piece of hot Service he makes sure to hold the Parliament before him which devise hath saved him many a blow They that are not haters of Kings may be Lovers of themselves We are all Children of Adam and Eve He would be a God and she a Goddesse His instance that this is no more then for the King to choose a Chancellour or a Treasurer upon the recommendation of such or such a Courtier is ridiculous there His Majesty is free to dissent here is a necessity imposed upon him to grant Yet saith he the Venetians live more happily under their conditionate Dukes then the Turks under their absolute Emperours The Trophees which Rome gained under conditionate Commanders argue that there could be no defect in this popular and mixt Government Our Neighbours in the Netherlands being to cope with the most puissant Prince in Christendom put themselves under the conduct of a much limited Generall which streigthned Commissions have yeelded nothing but victoryes to the States and solid honour to the Prince of Orange Were Hanniball Scipio c. the lesse honoured or beloved because they were not independent was Caesar the private Man lesse succesfull or lesse beloved then Caesar the perpetuall Dictator Whatsoever is more then this he calls the painted rayes of spurious Majesty and the filling of a phantasticall humour with imaginary grandour Whose heart doth not burn within him to heare such audacious expressions yet still he protests for Monarchy A fine Monarchy indeed a great and glorius Monarchy an Aristo-Democracy nicknamed Monarchy a circumscribed conditionate dependent Monarchy a Mock-Monarchy a Monarchy without coercive Power able to protect not to punish that is in effect neither to protect nor punish a Monarch subordinate to a Superiour and accountable to Subjects that may deny nothing a Monarchy in the Rights whereof another challengeth an interest Paramount Quorsum haec he is more blind then a Beetle that sees not whither all this tends To advance King Charles to the high and mighty Dignity of a Duke of Venice or a Roman Consull whilest this Gentleman might sit like one of the Tribunes of the Common People to be his Supervisor It were to be wished that the Observer would first make tryall of this modell of Government in his own House for a yeare or two and then tell us how he likes it That Form may fit the Citty of Venice that will not fit the Kingdome of England I beleeve he hath not carefully read over the History of that State Though now they injoy their Sun-shines and have their Lucida intervalla yet heretofore they have suffered as much misery from their own Civill and Intestine Dissentions as any People under Heaven and so have their Neighbour States of Genoah Florence c. And of Florence particularly it is remarkeable that though their Prince huâ—…band his Territory with as much advantage to himselfe and pressure to his People as any Prince in Europe yet they live ten times more happily now then they did before in a Republick when a bare legged Fellow out of the Scumme of the People could raise Tumults surprise the Senate and domineere more then two great Dukes so that now they are freer then when they did injoy those painted rayes of spurious Liberty If thâ—… Romans had not found a defect in their popular Government they had never fled to the choise of a Dictator or absolute Prince as a sacred Anchour in all their greatest extremityes And for the Netherlands it is one thing for a free People to elect their owne forme of Government another for a People obliged to shake off that Forme which they have elected It is yet but earely of the day to determine precisely whether they have done well or ill The danger of a Popular Government is Sedition a common Enemy hath hitherto kept them at unity and the King of Spaine hath been their best Friend Scipioes opinion that Carthage should not be destroyed was more solid and weighty then Catoes as experience plainly shewed Those Forrein Warres preserved Peace at home and were a Nursery of Souldiers to secure that State When the United
did not fight more nâ—…bly for their free Customes and Laws of which the Conquerer and his Successors had in part disinherited them by violence and perjury then they which put them to such conflicts for it seems unnaturall to me that any Nation should be bound to contribute its own inherent puissance meerely to abet Tyranny and support Slavery and to make that which is more excellent a prey to that which is of lesse worth And questionlesse a native Prince if meere force be right may disfranchise His Subject as well as a Stranger if he can frame a sufficient party and yet we see that this was the foolish Sinne of Rehoboam who having deserted and rejected out of an intollerable Insolence the Strength of ten Tribes ridiculously soughâ—… to reduce them againe with the Strength of two Answer This Author intends not to halt on one side onely in this Discourse qui sâ—…mel verecundiae limites transiverit guavitâ—… 〈◊〉 esse oportet First That just Conquest in a lawfull Warr acquireth good right of Dominion as well as Possession is so consonant to the universall Opinion and Practise of all Nations yea to â—…he infallible and undoubted Testimony of holy Scriptures that he that denyes it may as well affirme Nil intra est â—…leam nil extra est in nuâ—…e durum Force is not meere Force where Justice goes hand in hand â—…ith it Omnia dat qui justa negat Neither is this to alter the course of Nature or frustrate the â—…enour of Law but it selfe is the Law of Nature and of Nations Secondly Thaâ—… Subjects who have not the power of the Sword committed to them after a long time of Obedience and lawfull Succession after Oaths of Allegiance may use force to recover their former Liberty or raise Aâ—…ms to change the Laws established is without all â—…ontradiction boâ—…h false and Rebelliouâ—… They tâ—…at are overcome saith Iosephus most truely and have long obeyed if they seek to shake off the yoke they doâ—… the part of desperate Men not of Lovers of Liberty Surely if any Liberty might warrant such Foâ—…ce it is the Liberty of Religion but Christ never planted his Religion in blood He cooled his Discâ—…ples heat with a sharpe Redargution yee know not of what spirit yee are of It is better â—…o dye innocent then live nocent as the Thebaean Legion all Christans of approved valour answered the bloody Emperour Maximian Cognosce Imperator know O Emperour that we are all Christians we submit our Bodies to thy Power but our free Soules fly to our Saviour neither our known Courage nor Desperation it selfe hath armed us against thee because we had rather dye innâ—…cent then live guilty thou shalt find our Hands empty of Weapons but our Brests aâ—…med with the Catholick Faith So having power to resist yet they suffered themselves to be cut all in pieces The Observer is still harping upon Tyranny and slavery to little purpose he is not presently a Tyrant who hath more Power then Nature did commâ—… to him nor he a Slâ—…ve who hath subjected himselfe to the Dominion of another That which is done to gain Protection or Sustenance or to avoide the evills of Sedition or to performe a lawfull Ingagement is not meerely done to abet Tyranny and support Slavery Thirdly to the Observers instance of our Ancestours in the Barons Warrs I know not whether Warrs he intends the former or the latter or both This is certain no party gained by them They pâ—…oved fatall and destructive sometimes to the King sometimes to the Barons sometimes to both and evermore to the People And howsoever the name of free Customs and Laws was mae use of as a plausible pretence yet it is evident that Envy Reâ—…enge Coveteousnesse Ambition Lust Jealousie did all act their severall parts in them And if there were any as I doubt not there were many who did solely and sincerely aime at the publicke good yet it cannot be denyed there was too much stiffenesse and animosity on both sideâ—… a little yielding and bending is better then breaking outright and more especially Conscience requires it of them who are Subjects and of them who contend for an alteration Pliny relates a Story of two Goats that met in the midst of a narrow planke over a swift current there was no room for one to pâ—…sse by another neither could turn backward they could not fight it ouâ—… for the way but with certain perill of droâ—…ning them both that which onely remained was that the one couching on the planke made a Bridge for the other to goe over and so both were saved But the Subject is so direfull and tragicall and the remembrance of those times so odious to all good Men that I passe by it as â—…ot much materiall to the Question in hand Both Parties are dead and have made their accounts to God and know long since whether they did well or ill neither can their example either justifie or condemne our actions It is probable there were some Shebahs Trumpetters of Sedition in those dayes as this Author proves himselfe now yet none so apt as these Catalines to cry out against Incendiarâ—…es It is a good wish of Saraviah that such seditious Authors might ever be placed in the front of the battle Yet thus farre the Authors ingenuity doth lead him to distinguish the Barons then from His Majesties Opposites now The Barons then fought for their Laws not to change the Laws and alter the Government both in Church and Common-wealth which was the very case of the Lincolnshire Yorkeshire and Northren Rebells in the Dayes of Henry the eight and Queene Elizabeth I wish none of His Majesties Subjects were involved in it at this present Fourthly whereas he urgeth that a native Prince may disfranchise His Subjects by Force if He can make a Party as well as Strangers either he intends that he may doe it de facto that is true so may a Thiefe take away an honest mans purse or else that he may doe it de jure lawfully and conscionably that is most untrue There is a vast difference betwixt a just Warre and an unjust Oppression His instance of Rehoboam is quite beside the Cushion his error was threatning and indiscretion the fault they found was with Solomon thy Father hath made our yoke grievous And yet it is most certain they never had so gracious so happy a Reigne as Solomons was for Peace Plenty who made Silver as plentifull as stones and Cedars as Sicamores in Ierusalem So unthankfull we are naturally so soone troubled with triviall matters as Haman was and like flyes feed upon sores leaving the whole Body which is â—…ound This is sure that against Rehoboam was a meditated Rebellion witnesse the place chosen Shechem in the midst of the Faction witnesse their Prolocutor Ieroboam a seditious Fugitive and ungratefull Servant of Solomons by whom he had been preferred they sent for him out of AEgipt And howsoever the
you doe not this you have made us a very long discourse to little purpose Your Argument consists of a Proposition and an Assumtion The Proposition is this All Laws and lawfull Customs are confirmed to the Subject by Magna Charta and His Majesties Oath for observation thereof Your Assumtion stands thus But to have nothing necessary denyed us is a lawfull Custome a Parliamentary Right and Privilege you amplifie your Proposition as the blind Senatour commended the fish at dextra jacebat piscis It is your assumtion Sir which is denyed bend your selfe the other way and shew us in what particular words of Magna Charta or any other Charter or any Statute this Privilege is comprehended or by what prescription or president it may be proved if you can doe none of these sitte down and hold your peace for ever The Charter of Nature will be in danger to be torn in pieces if you stretch it to this also To be denyed nothing 〈◊〉 is a Privilege indeed as good as Foâ—…natus his purse or as that old Law which one found ouâ—… for the King of Persia that he might doe what he would But you limit it he ought to deny them nothing which is necessary what necessity doe yoâ—… meane a simple and absolute necessity that hath no Law indeed or a necessity onely of convenience 〈◊〉 but conveniences are often attended with greater inconveniences A cup of cold Water to one who 〈◊〉 a feverish distempâ—…r is convenient to assâ—…ge 〈◊〉 〈◊〉 sent thirst but pernicious to the future habit 〈◊〉 of his body Many things may produce prâ—…sent 〈◊〉 yet prove destructive to a State in their consequents These things therefore must be carefully ballanced and by whom will you be your own Judge or will â—…ou permit His Majesty to follow the Dictate of his own reason so it is meet and just if you will have him supersede from his own Right Lay your hand upon your heart if you have any Tenents who hold of you in Knight-service and they shall desire to have their tenure changed to free Soccage as being more convenient conducible for them â—…re you bound to condiscend It is well known to all this Kingdome that the Kings thereof have ever had a negative voice otherwise they had lesse power then a Master of a College or a Major of a Corporation That no Act is binding to the Subject without the Royall Assent That to say the King will advise was evermore a sufficient stop to any Bill Yet the ground of this bold demand is but the Authors conceit We conceive it to be one Parliamentary right and his reasons are such as may make a shew but want weight to beget a very conceit The former is that new Laws and old being of the same necessity the publike trâ—… must equally extend to both How often must he be told that the publicke trust is onely a trust of dependence which begets no such Obligation as he conceits Offices of inheritance are rather maâ—…ters that â—…ound in interest then in confidence Neither is there neither can there be the same necesity of observing 〈◊〉 old Law to which a King is bound both by His â—…ter and by His Oath and of a new Law to â—…hich he hath not given his Royall Assent If Magâ—… Charta did extend to this it were Charta maximâ—… the greatest Charter 〈◊〉 ever was granted If the Kings Oath did extend to this it were an unlawfull Oath and not binding To sweare to confirme all Laws that should be presented to him though contrary to the Rule of Justice contrary to the Dictate of his own reason Among so many improbable suppositions give leave to the other party to make one The Author is not infallible nor any Society of Men whatsoever Put the case a Law should be presented for introducing or 〈◊〉 of Socinianisme or Anabaptisme or the new upstart independencâ—… is His Majesty bound to give his Assent Surelâ—… no Not to assume his just power of Supremacy as your late new Masters confesse were damnable sinne His other Reason is this it kills not whether the word eligerit he should say elegerit in the Kings Oath be in the future tense or in the perfect tense whether he sweares to all such Customes as the People have chosen or shall choose for it shews that the Peoples election was the ground of anciâ—… Laws and that ought to be of as great moment noâ—… as ever It is a rare dexterity which the Observeâ—… hath with Midas to turn all he toucheth into Gold whatsoever he finds is to his purpose past or â—…o come all is one but he would deceive us or deceives himselfe for the Peoples election never was nor now is the sole cause of a Law or binding Custome but the Peoples election was the Sociall or Subordinate Cause and the Royall Assent concurring with iâ—… they were ever joyntly the adaequate ground of 〈◊〉 and still are of the same moment that they weâ—… joyntly and severally which the Observer mighâ—… have discovered with halfe an eye But because His Majesties oath at his Coronation is so much insisted upon as obliging him to passe all Bills that are tendred unto him by His Parliament it will not be amisse to take this into further consideration which I shall doe with all due Submission First It must be acknowledged by all Men that the King of England in the eye of the Law never dyes Watson and Clarke two Priestâ—… 〈◊〉 that they could not be guilty of Treason because King Iames was not crowned The Resolution was that the Coronation was but a Ceremony to declare the King to the People so they were adjudged Traytours The like measure in the like case suffered the Duke of Northumberland in Queen Maryes daâ—…es onely with this difference Watsons and Clarks Treason was before the Coronation but the Dukes before the very Proclamation Coâ—…sensus expressuâ—… per verba de presenti facit matrimonium a contract in words of the present tense is a true Marriage and indissolvable and yet for Solemnity sake when the partyes come to receive the Benediction of the Church The Minister though he knew of the contâ—…act yet he askes wilt thou have this Woman to thy Wedded Wife There is no duty which our Kings do not receive as Oaths of Fealty of Allegiance no Acts of Royall Power which they doe not exercise as amply before their Coronation as after And therefore M. Dolman otherwise Parsons the Jesuit from whom these Men have borrowed all their grounds erred most pittifully in this as he did in many other of your Tenets that a King is no more a King before his Coronation then a Major of a Corporation is a true Major after his Election before he have taken his Oath To thinke a few scattered People assembled without any procuration have the power of the Commonalty of England is an Error fitter to be laught at then to be confuted Secondly the words of the
the Observers Argument may be thus paralelled It â—…s not discernable how the whole Citty and State of Athens could be mastered by a Militia consisting but of three thousand or those three thousand by the Major part of thirty Tyrants or the Major pâ—…rt of thirty by Critias and one or two more Or thuâ—… It is not discernable how the World should be mastered by Italy or Italy by Rome or Rome by I know not what Triumvirate A very poor Mercury may reconcile the Observers understanding in this if he be pleased A trayned Band of eighty or an hundred thousand fighting men well armed well exercised are able to master a greater Kingdom then England Armyes are not so soone raised armed disciplined he that is ready for the Field may easily suppresse another upon his first motion or but offering to stirre It is as easy to conceive how the traine Bands may be at the disposition of their Commanders who pay them reward them punish them and it is certain that they who have the naming of them will chuse such as they may confide in The Observer talkes much of Nature what Arms hath Nature given but teeth and nailes these will doe little service at push of pike or against a volly of muskeâ—…s This brings us to the issue which is propounded by the Observer and is accepted by His Majesty which may put an end to all other invectives God grant it â—…ay prove true we see no signes of it yet The Obâ—…erver saith Let us stick close to it and I say he that â—…tarts from it let him be reputed guilty of all the â—…nnocent blood that is shed He addes which will â—…ring the distracted multitude to prostrate themâ—…elves at His Majesties Feet Alas the countenance â—…s not alwayes to be credited but speech is the Arch-Deceiver If this be not a vaine flourish an empty aiery offer but meant in good earnest there is hope we may be happy His Majesty hath satisfied this demand long since by His Declaration of the 12. of August 1642. and yet we find not these fruits here promised with so much confidence He hath named the partyes He hath specified the crimes Take the accusation in his owne words 1. Of entring into a solomne Combination for altering of the Government of Church and State 2. Of designing Offices to themselves and other Men 3. Of soliciting and drawing down the Tumults to Westminster 4. Of bidding the people in the height of their rage and fury goe to Whitehall 5. Of their scornfull and odious mention of His Majesties Person 6. Of a designe to get the Prince into their hands 7. Of treating with Forreine Power to assist them He is willing also to referre himselfe to the strength of his proofes and evidence of the matter which is all the Observer desires Heare Him for that also We desire that the L. K. M. H. M. P. M. H. Sir A. H. M. St. M. M. Sir H. L. A. P. and C. V. may be delivered into the hands of Iustice to be tryed by their Peers according to the known Law of the Land If we doe not prove them guilty of High Treason they will be acquitted and their innocence will justly triumph over Vs. Now if they desire to shew themselves great Patriots and Lovers of their Country indeed here is a faire opportunity offered if they have as much courage as Codrus had to leape into the gaping gulfe of Division and to reduce the Kingdom to its former continuity and unity if they dare trust to the touchstone of Justice and if the bird in their brest sing sweetly to them that they are innocent here is a course provided whereby they may vindicate their good names and out of the feined reports of malignant Sycophants make themselves a triumphant Garland or Crown of lasting Honour But we see no hast I know not mens hearts There is an unhappy story in Plutarch but I dare not apply it of Pericles a Stickler in the Athenian Commonwealth who being busy and private in his study to make his account to the State was advised by his Nephew Alciliades it was pestilent Counsell rather to study low to make no accounts which he did effect by ingaging the Commonwealth in a Warre so as they had no leisure to call for his accounts after that There can be nothing pleaded in barâ—…e to the performance of this Proposition but the privilege of Parliament A great plea indeed so the Observer That none of the Members of the Parliament may be apprehended in case of suspition where no information or Witnesses appear to make good the prosecution without acquainting the Parliament if leave may be conveniently obteined He addes that by the same Act the whole House might have been surprised And in another place that by this meanes the meere imputation of Treason shall sweep away a whole Parliament And his reason is thus grounded That if way be given to this so many Members of either House may be taken away at any time upon groundlesse pretences as may make a Major part of whom they will And then farewell to the Freedome of Parliaments Which truely seemes to be urged with great shew of equity where the partyes are taken away by dozens or greater numbers and the tryall is long deferred to serve a turne You shall find the same Argument used pressed after the same manner by Steven Gardiner to the Parliament alleging that nothing could be of worse Example then to allow such a president that by that meanes it shall be at the pleasure of him that ruleth to doe the same in more But for all that we doe not find that either the Parliament did afford him relief or were sensible of any such danger doubtlesse it stands both with naturall equity the known Law of the Land that they who have the honour to be the great Councell of the King Kingdome should have all such Privileges immunityes as are conducible to the furtherance of those ends for which they are convocated such are free accesse and recesse to be exempted from attendence upon Inferiour Courts so long as they are in that imployment To have their Servants free from arrests that whilest themselves are busy about the great Affaires of the Common-wealth their Estates and occasions may not suffer in their absence and that universall privilege of all Councellers that whilest their intentions are reall they should not be questioned for a slippe of the tongue or a mistake in their judgements We see ordinary Courts doe not onely protect their Ministers of Justice in the excercise of their places but even those Witnesses which aâ—… summoned to appeare before them A Clerke oâ—… the Chancery cannot be called to any other Couâ—… to answer in any Cause that is cogniscible in thaâ—… Court But here are sundry things considerable as firâ—… that His Majesty is the true fountain of these Privileges not any mutuall compacts This is plaine by that petition which Sir
prejudice whether it was expedient at that time or conducible to the speedy settlement of Ireland for them to make that demandâ— To divide a little Army sixty miles one part from another as farre as betwixt London Derry and Carigfergus or the Newry where impassable Rivers and Mountaines and an uncertain passage by Sea would not permit one part to assist another was a ready way either to a long Warre or certain overthrow and not to bring it to a quick conclusion Neither did these places stand in need of any addition of Forces to secure themselves whose Service and Victories against the Rebells may compare with any Forces in the North of Ireland all their desire was that this Army would but shew themselves the Masters in the Field to carry the Warre home to the Rebells own doores Or if they had desired more Garrisons Dungannon or Charlemount in the heart of Tyrone had been much more convenient to distresse the Enemy then to have all their Forces lye scattered up and down the Sea coast But these things were accorded quickly and weeke after weeke and Moneth after Moneth passed before any Forces moved out of Scotland for the Reliefe of Ireland Or perhaps His Majesty was not willing in a preamble of a Bill to Presse Souldiers for Ireland to divest Himselfe altogether of the power of the Militia here in England We cannot be contented of late to gather the fruit unlesse we may break the bough that did beare it or to quench our present thirst unlesse we may alter the property of the Fountain Howsoever to exstinguish all questions His Majesty did freely offer to raise with speed 10000 English Volunteers for that Service or to passe a Bill without any mention of the right which might do the Work without prejudice to any Person What is it then which may in probability be thought the ground of this Rebellion It requires not so long a search as the head of Nilus for though I deny not but that the Hen might be sitting and some Irish have been long plotting such a thing in forreine Parts yet they sate so farre from their Nests that they could never have hatched it without some extraordinary helps Some say that by weak management Soveraigne Authority was grown contemptible or that desperate Estates or crying Debts did ingage the Ringleaders both in Ireland and elswhere into such courses or that Personall quarrells and Revenge might challenge a share Some say that there was a generall desire to shake off the English Government but omitting these and the like there are two grounds visible enough The one is the Example of the late Covenant of their Neighbour Nation As the Loadstone drawes Iron to it so Examples especially if they be successefull have an attractive virtue and influence I doubt not but the one went upon much safer grounds then the other in point of Policy neither doe I desire to argue the Lawfulnesse in point of Justice being a meer Stranger to their Nationall Laws This is certain there was a vast difference in the manner of prosecution the one being more bloody then the other which whether it be to be ascribed to their severall Principles or to some particular and accidentall reasons I leave every man to his own Judgement This is all I say That if the one had not piped in probability the other had not danâ—… A second reason was a generall apprehension 〈◊〉 Jealousie and Feares at that time That the Liberty both Civill and Religious of the Subject and oâ—… Conscience and the exercise of their Religion should be quiâ—…e taken away from them occasioned by some indiscreet threatnings and some high-flying Petitions and nourished and augmented by turbulent and seditious Persons who perswaded the Common People that there was no security to be expected either for Life or for Religion Soule or Body without such a generall insurrection Thus Men plunge themselves into reall dangers out of fancyed and imaginary Jealousies and Feares The next thing in the Observer concerning Ireland is the disparity between the proceedings of the true Rebells in Ireland and the misnamed Rebells here in England Their actions are all Blood Rapine Torture All Ages Sexes Conditions have tasted of their infernall Cruelty Their intentions were to extirpate Religion c. to massacre the English Nation their chief Leaders are Iesuits and meere Bandettoâ—…s c. Farre be it from me to justify or so much as qualify those barbarous Acts which have been committed in Ireland Cruelty is an Argument of a Coward not of an Heroicall Nature But it ill becomes the Observer to inveigh against the Iesuits untill he have first taken the beame our of his own eye He that shall compare Dolman or Parsons the Iesuit with this Observer either for dangerous positions or virulent detractions may say aut Philo Platonizat 〈◊〉 Plato Philonizat Good Wits jumpe The Observer doth but suppe up what Parsons and some others had disgorged before that he might vomit it up again When once the Bankes are broken it is hard for him that was the cause of the inundation to prescribe limits to it Had the Observer and his Partners been as much the Major part of England as the Papists were of Ireland wee should have seen what men they were In the mean time the Observer hath given a Caution that whilest Christians remaine in a Primitive condition that is are the weaker part and want strength it is discretion not duty to conceale themselves The Irish Rebellion is against the Authority of the King not against his Person this both against his Person and Authority the Irish seek a Liberty of Conscience to themselves these not onely a Liberty but to impose a necessity upon all others the Irish desire a capacity of Preferment yet at his Majesties discretion to cull out whom he pleaseth these Men will be their own Carvers and not leave the King such a latitude The Irish fight against Men of another Religion of another Nation We like wild Beasts fight Protestant against Protestant Englishman against Englishman Brother against Brother Parent against Child they fight for to recover what they had lost we fight to lose what we have they know what they fight for the greatest part of us fight for we know not what like the two Paduan Brethren the one supposing he had as many Oxen as there were Starres and the other supposing that he had a Pasture as large as the Heavens the mortall quarrell between them was whether the ones conceited Oxen might feed in the others supposed ground But believe it they that cannot make rationall Men understand why they put them by the eares together have secret reasons to themselves that they dare not manifest to others The last passage concerning Ireland is an Answer to His Majestyes Objection That if the Major part of both Houses in Ireland should vote a danger to their Religion or that Kingdome and thereupon by Ordinance settle the Militia in the
hands of such Persons as they may confide in of the Romane Communion they had the same grounds and pretences that our Men have The Observer answers That this is improperly urged for England and Ireland are the same Dominion That there is as true and intimate an Union betwixt them as between England and Wales And though they doe not meet in one Parliament yet their Parliaments to some purposes are not to be held severall And therefore if the Papists in Ireland were Stronger and had more Votes yet they would want Authority to overrule any thing voted and established here in England The reason why the minor Part in all Suffrages subscribes to the Major is that blood may not be shed 〈◊〉 in probability the Major part will prevaile 〈◊〉 Strife and Bloodshed would be endlesse wherefore the Major part in Ireland ought to sit down and acquiesce because Ireland is not a severall Monarchy from England Nor is that a Major part of Ireland and England too for if it were it would give Law to us as we now give Law there and their Statutes would be of as much virtue here as ours are there c. Such Doctrin as this hath helped to bring poore Ireland to that miserable condition wherein now it is Will you heare with Patience what the Irish themselves say of this If any Ordinance may be imposed upon us without an approbative or so much as a receptive power in our selves where is our Liberty then Our Government is meerely Arbitrary our condition is slavish We had Magna Charta granted to us as well as England and since that time all other Liberties and Privileges of the English Subject Shall that which is ours be taken from us without our own Act or our owne Fault and we never heard either in our Persons or by our Proctors We desire the Observer to remember what he said before That which concerns all ought to be approved by all We have no Burgesses nor representatives there and that it is unnaturall for any Nation to contribute its own inherent puissance meerely to support Slavery Let the Definition be according to the Major Part of the Votes but shall the Minor Part be denyed a Liberty to discusse or vote at all As we deny not but the Kingdome of Ireland is united and incorporated to the Crown of England So we understand not by what right any power derived from the English Subject can extend it selfe over us That power which they have over us is relative as they are the Kings Councell wherein he confides or by virtue of his Delegation to his Judges representing his own Person Thus they For further Answer First this is a meere trifling and declining of the Force of His Majestyes Argument which lyes not in this whether Ireland be 〈◊〉 distinct Kingdome but supposing it to be a distinct Kingdome as without doubt it either is or might be whether that in such a case as is propounded by His Majesty it were lawfull for them to assume such a Power contrary to the Law of God and of Nations or if Ireland were as much bigger then England as France is it is no strange thing for a greater Kingdome to be conquered by a lesser whether in such a case they might give Law to us or their Statutes be of as great virtue here as ours are there meerely because it is so voted by the Major part of the representative Body An absurd incredible Assertion Secondly there is not the like reason of Ireland and Wales Wales is incircled with the same Sea a part of the same Island and originally in the Dayes of the Brittaines a branch of the same Kingdome Wales was incorporated to the Realme of England by Act of Parliament 27. Henrici 8. cap. 26 so was not Ireland Wales have their Peers and Burgesses sitting in the English Parliament so hath not Ireland Wales hath no distinct Parliaments of its own but Ireland hath Thirdly as the Irish readily grant that their Common Law is the same with ours so they will not easily believe that the English Statutes are all of force in Ireland What all even to an Act of Subsidies who ever heard that It is true there hath been a question moved among some Lawyers and those perhaps who were not the most concerned or versed in it of the English Statutes what Statutes and in what cases and how farre they are binding to the Irish Subject but I have not heard their opinion was so high as the Observers or that ever the Bell was rung out yet If all English Statutes be of force in Ireland what need was there for Henry the seventh to make an expresse Statute in Ireland to authorize and introduce all the English Statutes before his time to be of force in that Kingdome this Act had been supervacaneous and superfluous And since that time we see many Statutes of force in England that are of no force at all in Ireland and many both before and since that time of force in Ireland that have no power in England Lastly this Observer might be well one of Father Garnets Disciples when he was asked about the Powder-Treason whether it was lawfull to take away some Innocents with many Nocents he answered yes so it was compensated by a greater benefit or profit which may perhaps be true sometimes as in time of Warre accidentally in publique and necessary but not in private and voluntary Agents So the Observer makes profit and strength to be the onely rule and measure of all actions of State Justice and Piety are banished by an Ostracisme out of his Eutopia This is to inslave Reason and Crown bodily strength to silence Law and Justice and to Deifie Force and Power The Observer is every where girding at the Clergy it is well that his new superstition reversed will allow them that name Have they not great cause to thank him as the poor Persians did their King when they were condemned That he was pleased to remember them Sometimes he scoffes at the Tribe There were seditious Schismaticks of all Tribes Sometimes he derides their Pulpetting it may be he likes a Chaire better because they teach a Divine Prerogative which none understand but these ghostly Counsellers who alwaies expresse sufficient enmity and antipathy 〈◊〉 Publique Acts and Pacts of Men. He that accuseth another should first examine himselfe I doe not beleeve that ever there was any Divine in the World that made Kings such unlimited Creatures as this Observer doth the People I have read some discourses of this subject but I did never see any one so pernitious to a setled society of men or so destructive to all humane compacts as this seditious bundle of Observations which makes the Law of Salus Populi to be a dispensation from Heaven for the breach of all Oathes of Allegiance and all other Obligations whatsoever which measures Justice by the major part and makes strength and power the rule of what is lawfull which
good title of Inheritance both before God and Man These grounds being laid take notice of fower grosse Errors which the Observer runns into in this Section First he supposeth that all Dominion is from the grant or consent of the People whereas in truth all Dominion in the abstract is from God The People could not give what they never had that is power of Life and Death But true it is that Magistrates in the concrete are stiled the Ordinance of Man subjectively because they are Men objectively because they raigne over Men and many times effectively because they are created or elected by Men. But this last holds not in all cases I say nothing of such Kings as were named immediately by God Those whose Predecessors or themselves have attained to Soveraignty by the Sword by Conquest in a just Warre claime immediately from God Those also who were the first Owners or Occupants of waste Lands might admit Tenents or Subjects upon such Conditions as they themselves would prescribe Thirdly those who plant at excessive Charge in remote parts of America will give and not take Laws from their Colonies Fourthly upon the spreading of a numerous Family or the great increase of Slaves and Servants ditis examen domus how often have the Fatherly or Magistrall power been turned into Royalty And though these were but petty Kingdoms at the first yet as great Rivers grow from the Confluence of many little Brooks so by Warrs Marriages and Treaties they might be enlarged In all these Cases there is no Grant of the people This iâ—… one Error His Sâ—…cond Error rests in the Hypothesis His Majesties originall Title to this Kingdome was not Election either of the Person or of the Family but Conquest or rather a Multitude of Conquests the very last whereof is confirmed by a long Succession of foure and twenty royall Progenitors and Predecessors glorious both at home and abroad in Peace and War except â—…hen this dismall and disasterous question did eclipse tâ—…eir lustre and hinder the happinesse of this Nation â—…n the Dâ—…yes of King Iohn Henry the third Edward and Richard the second or in the bloody Warres between the two Houses of Yorke and Lancanster which were nothing else but the fruits and consequents thereof Neither can the Observer collect from heâ—…e that this is to enslave our Nation as Conquered Vassalls It is a grosse fallacy to dispute ae dicto simpliâ—…ter ad dictum secundum quid from the right of absolâ—…e Conquerers to His Majesty now as if so many good Lawes so mâ—…ny free Charters so many acts of Grace in so long a succession had operated nothing This is a second Error Thirdly the Observer teacheth that subordinate Commmâ—…nd is as much from God as Supreme His Majesty iâ—… much bound unto him to make his Royall Commands of no more force by Gods Institutionâ—… then a Peâ—…ty Constables We have hitherto learned otherwise that Kings hold their Crowns and Scepters from God and subordinate Magistrates have their places by Commission from them But it is familiar with these men to leap over the backs of intermedious Causes and derive all their fancyes from God as the Heathens did their Genealogies whereby they destroy the Beauty and Order of the World and make many superfluous Creatures which God and Nature never made In summe Subordinate Commands are from God yet neither so immediately nor so firmely as supreme but as a row of iron rings touchching one another and the first touching the Load-stone in their severall degrees some more loosely some more remotely then others The case is not altogether like for Regall and Aristocraticall Power One God in the World one Soule in the Body one Master in a Family one Sun in the Heaven and anciently one Monarch in each Society All the first Governours were Kings Both Forms are warranted by the Law of Nature but not both in the same Degree of Eminency If an old Man had the eye of a young Man he would see as well as a young Man said the Philosopher the Soule of an Ideot is as rationall as the Soule of a States man the difference is in the Organ So the Soule of Soveraign Power which is infused by God into Democracy or Aristocracy is the same that it is in Monarchy but seeing the Organ is not so apt to attain to the end and seeing that God and Nature do alwayes intend what is best and lastly seeing that in some Cases the existence of Government as well as the essence is from God who never instâ—…tuted any form but Monarchicall the Observer might well have omitted his comparison The fourth aand last Error is worst of all That usurped and unjust Dominion is referred to God as its Authour and Doner as much as hereditary This is right we have been taught otherwise before a seâ—… vaine upstart Empericks in Policy troubled the world that Dominion in a tyranicall Hereditary Governour is from God even in the concrete I mean the power not the abuse that such an one may not be resisteâ—… without Sinne that his Person is sacred But contrarywise that Dominion in a tyranicall Usurper or Intruder is indeed from God permitting wheras he coulâ—… restrain it if it pleased him or from God concurring by a generall influence as the Earth giveth nourishment to Hemlocks as well as Wheate in him wâ—… live we move and have our being or from God ordering and disposing it as he doth all other accidents and events to his own glory but that it is not from God as Author Donor or Instituter of it Neither darâ—… we give to a Tyranicall Usurper the essentiall Priviledges of Soveraignty we deny not that any Subject may lawfully kill him as a publicke Enemy without legall eviction Much lesse dare we say witâ—… the Observer that Power usurped and unlawfull is as much from God as Power Hereditary and lawfull If it be so cough out man and tell us plainly that God is the Author of Sinne. Observer And the Law which the King mentioneth is not to bâ—… understood to be any speciall Ordinance sent from Heaven by the Ministery of Angells or Prophets 〈◊〉 amongst the Iews it sometimes was It can be nothing else among Christians but the pactions and agreements oâ—… such anâ—… such Corporations Answer There is a double right considerable the right to the Crown and the right of the Crown the right and title to the Crown is with us undoubted there needs no Angell from Heaven to confirme it where no man can pretend against it The Right of the crown is the onely subject in question This is from the Law of God the Law of Nature and the Law of Nations That this Power in an absolute Conquerer may be limited by Statutes Charters or municipall Laws in Court of Conscience in Court of Justice to God to his People I grant without communicating Soveraigne Power to subordinate or inferiour Subjects or subjecting Majesty to censure Which Limitation doth noâ—…
proceed from mutuall pactions but from acts of Grace and Bounty I would know to what purpose the Observer urgeth this distinction of Laws will it â—…er â—…he State of the question or the obligation of Subjects Nothing lesse Whether the calling of the Prince be ordinary or extraordinary mediate or immediate the title of the Prince the tye of the Subject is still the same Those Ministers who were immediately ordeined by Christ or his Apostles did farre exceed ours in personall perfections but as for the Ministeriall Power no tract of time can bring the least diminution to it God was the first Instituter of Marriage yet he never brought any couple together but Adam and Eve other marriages are made by free election yet for as much as it is made by vertue and in pursuance of Divine Institution we doe not doubt to say and truely those whom God hath joyned together His Majesties title is as strong the obligation and relation between him and his Subjects is the very same as if God should say from Heaven take this Man to be your King Again if the Libertie of the Subject be from Grace not from pactions or agreements is it therefore the lesse or the lesse to be regarded what is freer then gift if a Nobleman shall give his Servant a Farme to pay a Rose or Pepper-corn for an acknowledgement his title is as strong as if he bought it with his Money But the Observer deales with his Majesty as some others doe with God Almighty in point of merit they will not take Heaven as a free gift but challenge it as Purchasers In a word the Authour of these Observations would insinuate some difference betwixt our Kings and the Kings of Israell or some of them who had immediate vocation wherein he would deceive us or deceiveth himselfe for their request to Samuell was make us a King to judge us like all other Nations Observer Power is originally inherent in the People and it is nothing else but that might and vigour which such or such a society of Men containes in it selfe and when by such or such a Law of common consent and agreement it is derived into such and such hands God confirmes that Law and so Man is the free and voluntary Author the Law is the Instrument and God is the Establisher of both and we see not that Prince which is most potent over his Subjects but that Prince which is most potent in his Subjects is indeed most truely potent 〈◊〉 for a King of one small Citty if he be intrusted with a large Prerogative may be said to be more potent over his Subjects then a King of many great Regions whose Prerogative is more limited and yet in true reality of Power that King is most great and glorious which hath the most and strongest Subjects and not he which tramples upon the most contemptible Vassalls This is therefore a great and fond error in some Princes to strive more to be great over their People then in their People and to Eclipse themselves by impoverishing rather then to magnifie themselves by infranchising their Subjects This we see in France at this Day for were the Peasants there more free they would be more rich and magnanimous and were they so their King were more puissant but now by affecting an adulterate power over his Subjects the King there loses a true power in his Subject embracing a Cloud in stead of Juno Answer It hath ever been the wisdome of Governours to conceal from the promiscuous multitude it s own strength and that rather for the behoof of themselves then of their Rulers Those Beasts which are of a gentle and tractable Disposition live sociably among themselves and are cherished by Man whereas those that are of a more wild and untameable nature live in continuall Persecution and Feare of others of themselves but of late it is become the Master-piece of our Modern Incendiaries to magnifie the power of the People to break open this Cabinet of State to prick forward the headie and raging multitude with fictitious Devises of Bulls and Minotaurs And all this with as much sincerity as Corah Dathan and Abiram said to Moses and Aaron you take too much on you seeing all the Congregation are holy I desire the Observer at his leisure to reade Platoes description of an Athenian Sophister and he shall find himselfe personated to the life that one egge is not liker another if the Coate fit him let him put it on The Scripture phraseth this to be troubling of a Church or of a State It is a Mâ—…taphor taken from a Vessell wherein is Liquour of severall parts some more thick others more subtile which by shaking together is disordered and the dreggs and residence is lifted up from the bottome to the toppe The Observer hath learned how to take Eeles It is their own Rule they that would alter the Government must first trouble the State Secondly posito sed non concesso admitting but not granting that Power is originally inherent in the People what is this to us who have an excellent forme of Government established and have divested our selves of this Power can we play fast and loose and resume it again at our pleasures Lesbia was free to choose her selfe an Husband when she was a Maide may she therefore doe it when she is a Wife Admitting that His Majesty were elected in His Predecessors yea or in His own Person for him and His Heires is this Power therefore either the lesse absolute or lesse perpetuall Admitting that before election we had power to covenant yea or condition by what Laws we would be governed had we therefore power to condition that they should be no longer Laws then they listed us This were to make our Soveraigne not a great and glorious King but a plain Christmasse Lord or have we therefore Power still to raise Arms to alter the Laws by force without Soveraigne Authority This seems to be the Observers main Scope but the conclusion is so odious as which hath ever been confessed Treason and the consequence so miserably weak that he is glad to deale altogether Enthemematically Thirdly admitting and granting that the last exercise or execution of Power that is the posse commitatus or Regni is in the People is the right also in the People or from the People Excuse us if we rather give credit to our Saviour Thou could'st have no Power at all against me except it were given thee from above If Pilate had his Power from Heaven we may conclude strongly for King Charles Nil dat quod non habet some power the People qua talis never had as power of Life and Death it is the peculiar right of God and his Vicegerents Put the case the King grants to a Corporation such and such Magistrates with power also to them to elect new magistrates which yet holds but somtimes from whom do those Magistrates hold their power not from the