not countermand their judgements and yet it were an harsh thing to say that they are therefore 〈◊〉 â—…nd Coâ—…rs of the King therefore it holds in Parliaments a â—…tiori I but saith the Author the 〈◊〉 why the King cannot countermand their judgement is because they 〈◊〉 his person and â—…is consent is by law involved in â—…at by law they do for that the act of a delegated power is his act and there would be no end if he should undoe what be hath done But saith hee in Paâ—…ament the Lords 〈◊〉 in a personall capacity and the House of Commoâ—…s as representing the body of the Kiâ—…me and therefore the cases doe not agree Under correction of the Author I shall make the case parallel notwithstanding this objection I do agree that in all acts of publique 〈◊〉 which â—…e but 〈◊〉 〈◊〉 only I hope it will not offend any one to say that they are Ministers to the Common-Wealth as in case of making and consenting to new Lawes or repealing of the old or the like there the Loâ—…ds sit in a personall capacity and the Commons as represeâ—…ting the body of the Kingdome But in all acts that are judiciall as in case of reversing of 〈◊〉 judgements or of declaring or explayning the law of the Land there they represent the person of the King for that he is â—…ons Iustitiae the fountaine of justice and noâ—…e câ—…n 〈◊〉 such a power without it be first delegated to them by the King and therefore in such a case their judgements doe â—…ly involve the judgement of the King and do oblige him as strongly as the 〈◊〉 oâ—… dâ—…terminations of the Judges Now none can deâ—…y their declaring of the law in case of the Militia to be a judiciall act therefore the consequence is cleare that the King is justly bound by it I but further he saith The judges sweare they will not assent to any thing 〈◊〉 may turne the King in damage or 〈◊〉 by any manner way or coloâ—… 18. E. 3. And do not the Parlâ—…ent â—…o the same by their oath of supremacy and their late Proteâ—…tion If you seriously examine them you will finde that their obligation is the same And now I hope the Aâ—…thor will make good his 〈◊〉 to mee who said that when I could make these thâ—…nges agree to the two Houses I should conclude from the Judges sentence to their votes wherefore I doe 〈◊〉 that there being the sâ—…e reason there oâ—…ght to be the same Laâ—… I but for a further answere seing his former will not hold saith the Author in matters of law there lyes an appeale to them a writ of errour being brought as to the highest Court not so in matters of State Beâ—…ause whilst they 〈◊〉 sentence according to known Lawes the State is no way indangered thereby but if they challenge to themselvs a liberty of passing sentence according to reason of State they may when they please overthrow our lawes The counties which 〈◊〉 them looke upon them as judges â—…ot Politiâ—…s T is not impossible they should be both and whatsoever the judgement of the Coâ—…ties were that intrusted them certaine I am that he is not fit to occupie a place in that great Assembly that is not at least in some reasonable measure so qualified that whilst the 〈◊〉 and other Sages skilled 〈◊〉 that profession are within guiding and directing of his great Ship 〈◊〉 to â—…aw men experienced in the Politiques may sit at Sterne to secure it from the 〈◊〉 of 〈◊〉 invasion and civill combustion And whâ—…n the Author can produce so able a 〈◊〉 so 〈◊〉 so much ingaged in the welfarre of the Kindome and so void of selfe respect then will we upoâ—… his request deâ—…ert our Parliament untill then I hope all faithfull and true hearted people will adhereunto them For that empty shadow and vaine dreame of a possibiliâ—… of theâ—…r 〈◊〉 the Law it is a wonder to me that any 〈◊〉 mans sancie should so abuse it selfe To 〈◊〉 the Authors language upon himselfe Can it be conceived that men in their wits who 〈◊〉 all that they have by the benefit of the Law and no doubt have as great a portion to lose 〈◊〉 others should exâ—…te that which is the principall evidence of theâ—…r 〈◊〉 〈◊〉 of life or 〈◊〉 and so pinne themselves and their 〈◊〉 〈◊〉 upon unknowne 〈◊〉 t is extreame madnesse and folly to thinke it Wee ought not to conceive that they will either counsell or consent to any thing but what is publiquelâ—… advantagious When the King 〈◊〉 they doe not otherwise hee will 〈◊〉 willingly sollow their 〈◊〉 I dare confidently affirme that no antiquity or Records wâ—… 〈◊〉 are aâ—…le to 〈◊〉 one example of this nature where the Kings single conceipt or 〈◊〉 is opposed 〈◊〉 that oâ—… hâ—… whole Parliament But it canâ—… be expâ—… that they should 〈◊〉 while that the King by such malignant Coâ—…nsell is kept aâ—… so great a dâ—…st 〈◊〉 By such Counsâ—…ll and 〈◊〉 we 〈◊〉 〈◊〉 the Kâ—…ng liâ—… 〈◊〉 〈◊〉 Such a consâ—…nt in which his is 〈◊〉 〈◊〉 〈◊〉 his 〈◊〉 not so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 at all 〈◊〉 doth not limit but take it away Doth this 〈◊〉 which doth â—…citely 〈◊〉 his 〈◊〉 more 〈◊〉 or 〈◊〉 his power than that of their 〈◊〉 oâ—… 〈◊〉 than the 〈◊〉 of his 〈◊〉 The 〈◊〉 sai h hee doth not 〈◊〉 to have to 〈◊〉 of 〈◊〉 old or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 them Neither doe they without his 〈◊〉 they 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and so would he Aâ—…thor ingenioâ—…sly acknowledge if that he were not so much 〈◊〉 with 〈◊〉 and prejudice But happily hee doth not understand the difference bâ—…tweene constituting new or repealing the old Lawes and declaring or expounding the Lawes in being how did Ship-money destroy our propriety saith he but by this very consequence What a grosse mistake is this Because the Kiâ—…gs judgement is involved in that of his Parliaments and of his Judges according to law must it therefore follow thâ—…t the whole Kingdome should be obliged by his Majesties determination against Law Or because legally we coulâ—… not be divested of our property without our consâ—…nt must not therâ—…fore the King be bound by the judgement of his Parliament which doth tacitly include his consâ—…nt I but saith hee Ejus est velle qui potest nolle He onely haâ—â— freedome of consent or disagreement that may at his election do either 'T is true But this must be understood of an actuall consent or disâ—…greement and not of an implied For in Corporations or bodies politique whâ—…re the Major part carriâ—…s it will you say that the residue are not bound because that they had not â—…lection to â—…ssent or dissent as the case falls out to be This were a way to open a gappâ—… to all disorder and confusion So the Kings consent is included in that of his Judges and yâ—…t I hope you will not say that the King there had freedome of dissenting which is the
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
very casâ—… of the Parliament It is alleaged in derogation of Parliaments whaâ—…soever the right of Parliament is to assemble and treate in all cases of a publique nature yet without the Kings concurrence and consent they are livelesse conventions without all vertue and power the very name of Parliaments is not due to them I but saith the Author you should deliver the Kings sense and words truely the summe of which is onely thus The two Houses have not power of making lawes and altering the established governement without him What a strange construction is this This is no more than will be readily agreed you you shall not neede disputâ—… it therefore questionlesse the words must import somewhat else The truth of it is your mistâ—…ke of which you are frâ—…quently guilty is this that you promiâ—…uously counfound the making of new lawes and the altering of the establishâ—…d Governement with declaring of the Common-law in being which is palpable sophistication And now I would faine be resolved by any indifferent understanding whether if thâ—…y may not do that without the Kings actuall concurrence and agreement and that not to be obteined they be not a meere liveleâ—…e convention of private men without all vertue or power It must be agreed that he that is actâ—…ated and moved by another power onely hath none in himselfe This allegation at one blow confounds all Parliaments and subjects us â—…o as unbounded a regiment of the Kingâ—… meere will as any Nation under Heaven ever suffered under The Author saith that there is no colour of reason in this and why for saith he are we not lefâ—… in the same state in which wee were His Majesty denying to bring in a new goveâ—…nmennt doth not take away the old The Author saith true that we are in the same state indeed but 't is as we were before and without the Parlâ—…ament subject to the Kings meere will and lawlesse regiment And though his Majesties dâ—…nying to bring in a new government doth not take away the old yet his denying of the old governement is an introducting of a new Vpon the same reason by the Kings dâ—â—â—â—tion other Courts must needs be vertuelesse and void It were a strange consequence to conclude that because that may be done without the King to which his consent by law is not required therefore that may be done without him to which his consent is by law necessary Under reformation the Kings actuall consent to any legall or judiciall determination in Parliament is no more required than it is to that of his Judges yet with the Authors favour both have the implied and tacite consent and therefore upon the same ground of the Kings desertion other Câ—…urts must be vertulâ—…sse and quietly possesse a vacation in Terme time as well as his Parliament I but saith the Author it is against common sense to fancie â—…hat he which enâ—…oyes all by the benefit of lawes should hinder the due administration of Iustice according to those â—…awes and so wilfully endanger not onely his rights but safety by putting the Kingdome into tumults and combustion Tâ—…is is an argument to perswade a man no ground to convince him or a probable inducing râ—…ason no legall conclusion To argue from a probability to necâ—…ssity as to saâ—… it is not likely it should be so therefore it is not so is a strang pâ—…ece of Logick administration of jâ—…stice is delegated to the Parliament though in a more high and supâ—…reminent way â—…swell as to inferiour Judges and the King gaines as much honour and benefit nay moâ—…e by the free efflâ—…x and current of justice in that Coâ—…rt than in any other and yet we see the streame is stopt so that a deluge and inundation of misery hath be-spread the face of the whole Kingdome and â—…o have fancied this not long since would have bâ—… as much opposite to common sense as the other It is attempted to divide betweene part and part in Parliament Who those attempteâ—…s are I inquire not I suppose be meanes those who divided the Lords into good and bad the members of the House of Commons â—…to well and ill affected You need not much enquire your Booke speaks you an acquaintance with them But know those that are bad or ill affected made that distinction themselves not others It is a wonderfull thing that the Kings papers being â—…raited scarce with any thing â—…s but such doctrines of division tending all to the subveâ—…sion of our ancient â—…damentall constitutions 〈◊〉 support all our ancient liberties â—…nd to the erection of an 〈◊〉 rule should fiâ—…d such applause in the world There is a vast difference betweene declaring what divisions are and causing them to bâ—… to shew is not to teach division Farre be it from me to lay the least imputation of guilt in this kind upâ—…n his sacred person No the confidence that I ever had of his goodnesse piâ—…ty and love to his people bids me silence But this I may without breach of charity or staine of loyalty conclude that the best Prince may be corrupted or if not so seduced by those who vâ—…w themselves 〈◊〉 servants to his Majesty and the publique whereas thâ—…ir actions which tend to nothing but rapine and spoyle do plainely testifie the contrary These are they that can dispence with their breach of trust how they will be absolved I know not and not onely sequester themselves but 〈◊〉 the King from his Parliament and his people and to open the gap more wide and make the breach more incurable advise His Majesty contrary to his pious 〈◊〉 by published declarations to traduce his Parliament anâ—… cast most strang and unheard of obliquies upon them and to charge them with such 〈◊〉 their thoughts were never guilty of Thereby to render them odious unto the people So that by destroying the mutuall bond of confiâ—…ence and affection we our selves might be made actors in our owne ruine and if this be not to cause division aswell as to declare it and to teach it aswell as shew it let the woâ—…ld judge I bâ—…t 〈◊〉 the Author it is beyond 〈◊〉 if the Kâ—…ngs aâ—…mes are such as he would have the world beleeve that they should finâ—… such applause I neither dâ—…re nor can charge his Mâ—…jesty with aimes that are indirect but if he were guilty in this nature which I professe my faith is not as yet strong enough to beleeve we must know that all actions oâ—… Kings find acceptance and renowâ—…e with many and the very worst will not want some to applaâ—…d them But pray heare his reason why 't is not propable iâ—… the Kings intentions were such they should finde such applause for saith he consider the persons from wâ—…m men that have mucâ—… more to lose than some who may ayme at geâ—…ting 〈◊〉 foâ—…unes by pretending they are in danger to loâ—…e what they have None are so riâ—…h but they may
his Majesty for the ordering of the Militia according to their advise â—…or the better security of his people and His Majestiâ—…s negative returne unto them before they according to their duty undertooke in his Majestiâ—…s and his people behalâ—…e the trust and maâ—…age of the same And now it must be in their power to command men 〈◊〉 horses seise on all the Ammunition send for what supples of money they thinke necessary for the repelling those dangers This is but a consequence of the other it were but in vaine to lay a foundation if they had not power â—…o raise the Structure I but here wee are fallen backe againe into what we so much complained of Arbitrary poweâ—… 'T is much that one who pretends to be Mâ—…ster of his reason should be thus mistaken Then belike all proceedings in cases according to equity and necessity which justice requireth should not be regulated by the strickt rule and severity of law as not being within the intention of it for that such constructive might prove destinction to the rule is a prosecution of an arbitrary power The manage of a businesse in case of necessity neede not keepe correspondence and agreement with the rule neithâ—…r that to be stileâ—… Arbitrary which necessitâ—… makes lawsull Was not this the very case of Ship-money there likewise was a pretence of danger and necessity and none so compelent a judge of this as the King and therefore for the securing of the people money must be immediatly raised without the Subjects consent With the Authors favour these cases do no way runne parallel for will it therefore follow that because the King cannot upon no pretence whatsoever take away the Subjects propâ—…rty without their consent that the Parliamâ—…ent may not take it with their conâ—…ent Most inconsequent The Parliament represent the people which the King doth not And therefore their conclusions do 〈◊〉 â—…he people whâ—…ch the Kings cannot But then he presles an Argument that was made against the ship-money which he saith will hold in our case It was then laid downe as a sure 〈◊〉 of reason that it was better for the Kingdome though it were in reall danger in arena 〈◊〉 capere to 〈◊〉 for it selfe as well as it wâ—…s able by a suddaine defence than that the King should prâ—…vide such a remedy which would be so easily so â—…quently abused upon every preâ—…ence of dâ—…nger to pâ—…event such an evill which could extremly seldome oâ—… almost never hapâ—…en for an Army and Navy could not be so 〈◊〉 provided but that we must have some intelligence of it So 〈◊〉 â—…aith in case of the Militia better suffer it in the old waâ—… and the Kingdome 〈◊〉 for it selfe in case of 〈◊〉 than to 〈◊〉 the hazzard of the 〈◊〉 abuse of it to the putting of the Kingdom into a combustion upon I know not what vaine pretences I beleive the Author preached a quite contrary Doctrine before the Parliâ—…ment O the power and vertue of this great Assembly that can so Metamorphize men as to makâ—… thâ—…m spâ—…ak accoâ—…ding to the dictate of reasâ—…n not affâ—…ction But for his Argument the ground of the obâ—…ection that was laid down against the Ship-money was the possible frequent abuse that might be of such a remedy upon eveâ—…y pretence of danger which without controversie carries a great deale of wait with it And when our Aâ—…thor can make it good as he hâ—…th strongly 〈◊〉 but much failed in it that a Communitâ—… maâ—… have those many private ends to mislead it that a King may then shâ—…ll we agree that the cases do in reason parrallel untill then we must â—…ell him thâ—…t there is â—…oure hundrâ—…d to one against him I 〈◊〉 the world judge whether the 〈◊〉 Sir Iâ—…hn Ho hams act Treason be not contrary to the cleareâ—…t 〈◊〉 of humane reason and the â—…trongest inclinations of nature for every private man may defind himselfe by force if 〈◊〉 though by the force of his Majestrate or his owne 〈◊〉 and 〈◊〉 〈◊〉 be not without all confidence by flâ—…ght Sir Iohn Hothams seising upon the Kings Towne and Ammunition was it seemes in his own defence who assaulted him Did his Majesty drive him into Hull No But his Mejesty would have driven him out he being possessed of it by the Authority of Parliament for the securing of him and his people And though it be not lawfull for a Subject to seise a towne in his owne defence yet having got it by a lawfull authority he may defend himselfe and it against any assault by the same power Neither can any other extrajudiciall power or command discharge him of that trust which was committed to him in a legall and judiciall way by another What can he thinke of the Gunpowder Traytors was their resistance a just defence Then certainely every rebellion is a just warre His conclusion is very just For questionles there can be no warre unlawfull if their resistance were a warrantable defence But I hope the Author will give us leave to tell him that the cases are more different then a Papist and a Protâ—…stant they agree in somewhat the cases in nothing for they had neither lawfull cause nor sufficient authority on their side to maintaine resistance as Sir Iohn Hotham had Againe they were Traytours before by their horrid unnaturall and cruell attempt But I hope Sir Iohn Hothams bare seising of the Towne could not proclaime him Traytor But enough of this in a case so manifest He may as soone convince a man of common sense that black and white are the same colour as that these cases runne parallel Here whole Nations being exposed to enmity and hazard being uncapable of flight must yeeld their throats and submit to Assassinates if their King will not allow them defence There is a great difference betwixt a Subjects defending of himselfe and offending his King His feaâ—…es are over witty if they will not permit him to thinke himselfe safe except he get into one of the Kings Forts for his better security Without question he that may defend may offend for how is it possible that I should defend my selfe if I may not offend my enemy What a sensles thing and void of reason is it to mainetaine that Subjects may take up Armes to defend themselves against the unlawfull Tyranny of their Prince but yet upon his approach they must not use any hostile act but stand like so many stocks immoveable what is this but opposiâ—…um in objecto a flâ—…t contradiction or a taking up of Armes in iest to make me capable of losing my life in earnest If this were all we could doe the most facile way for wicked Princes to accomplish their ends would be â—…his by Tyranny and oppression to ingage the people in this imaginary defensive warre thereby to disarme them and force obedience to their unjust desires or slay them with their owne weapons But to passe this If a King shall take up armes
to dâ—…stroy his people no question law reason and pollicy will warrant their seising of â—…ny fort or publique place of defence for their owne better security See if we are not left as a Prey to the same bloody hands as have done such diabolicall exploits in Ireland c. If we may not take up armes for our owne safety or if it be possible for us to take up armes without sâ—…me â—…otes or Ordinances to regulate the Militia Subjects upon invasiâ—…n would not have wanted Commission to take up armes But upon a civill combustion they might Hee that will give me power to fight against his enemy will not give me authority to oppose himself but doubtlesse this is no rule in the Politiqâ—…es for a man first to receive one blow and then to stand upon his guard to keepe off the second better by a vigilant providence to prevent both or to expect an invasion and then be to â—…eke our Commission enemies are more easie kept out than thâ—…y can be repelled when they are once in I but he saith this would be of ill consequence to subjects if they might have power to take up armes as often as ambitious cholerick men for their own ends shall perswade thâ—…m they are in danger For by this meanes being easily deceived whilest they endeavour to avoyd false they would run them selves beadlong upon true perils Thâ—…se ambitious men which he himselfe knowes not and these pretended dangers because he himselfe feares not have a strong influence upon the Authors whole booke T is very much that the reason and senses of a whole Nation should be so easily captivated But t is his onely plea and therefore you must give him leave to make use of hiâ—… prâ—…tences or you bid him silence Well to tell our Author once for all as no man can or will justifie a pretended cause of feare so no man can condemne a reall And without he will say that there can be no cause of feare without he be privy to it this aspersion is by no meanes to be suffered for by this we shall never know how to beleeve that we are in danger for that true feares may be blasted with the ignominie of feined and pretended carry the visage of true The King sayes the Parliament denyes c. to whether now in this uncertainty 〈◊〉 the subjeâ—â— bounded to adhere Wee may consider whether the Houses doe not barely say and whether his Majesty doth not descend so farre as to give reasons for what â—…e doth and to shew the Kingdome the ground of his actions by perticular citation of the Lawes which justifie them What the two Houses of Parliament barely say then belike if his suffrage be of any account they prove or make good nothing Was ever age guilty of so great irreverence or of offering so greaâ—… an afforoâ—…t anâ—… in â—…ignity to this great Assembly Of whom as the law saith we ought not to imagine a dishonourable thing much lesse to speake it I am confident that all Historiâ—…s that ever were cannot give you one example of so high disdaine and presumption What the two Hoâ—…ses barely say He hath a great measure of confidence that dare say it for my part I dare not returne the contrary but I leave it to the whole woâ—…ld to judge whether that they do not exactly prove and maintaine their owne assertion and utterly disprove and destroy the contrary objections and conclusions I but saith the Author we ought to agree whether swerâ—…ing from law be to be judged by the actions or by the auâ—…hors that is if the King should â—…ave done what ever they did and the Houses what ever he did whether all would not thâ—…n have beâ—…n lâ—…gall because don by them Certainly t is no good way of iudging to conclude the legality or illegality of an action from the Author or Actor t is the applying of the rule to the action that denominates it eithergood or bad However we ought not totally to reject these circumstâ—…nces of place and persons for no doubt that in some cases may be lawfull for one that will not be lawfâ—…ll for another And it is more than probable that the Parliament may in many cases have a more extensive powâ—…r than the King However certaine I am that it is but charity in our Author to grant them his beleife that they will not approve or maintaine that in themselves which they condemne as illegall in his Majesty The King doth not desire to captivate any mans understanding to his authority but is willing to make all the world the judge of his actions And have the Parliament withheld any thing that might give satisfaction to the people Neither â—…s a blind ob diencâ—… a part of any mans duty to the Houses Hee who after so great lâ—…ght and evidence of the integrity and justice of the Parliaments proceedings shall say he obeyes he knowes not upon what grounds may justly be concludâ—…d to be Non compos mentis robbed of his senses Some things he saith are matter of fact here we may be guided by senseâ—… and judge as wee see With the Authors favour this to an ordinary capacity may be a dangerous way of determining for though wee must alwayes judge according to the outward sâ—…nse in matter of fact yet wee must have this caution that we gâ—…e no further as for instance If I see one enter and seisea Castle or fort of the Kings put the case Hull that he did enter that my sense directs mee to discerne but whether he keepe the possession for or against the King that is examinable upon other circumstances and is matter of law depending upon reason and judgement and this every ordinary capacity cannot judge of But saith he this every one may â—…udge of whether the King hath seised on any thing wherein the subject hath a property That 〈◊〉 thupon the â—…ower and priviledges of Parliament the best evidence to maintaine the title that we have to â—…ll that ever we enjoy Or whether that the Subject hath not seized on something wherein the King hath a property That we must yeeld affirmative to that the Subject hath not seized on the Kings property but it is to his use and behoofe for the securing of him and his people So that the King looseth nothing but both gaine protection and safety thereby Whether the King hath raised warre against the Parliament that is whether his guard was an Army A very strang and unusuall guard of 15000. or 20000. And whether Hull is now London Very manifect it is not but the forces that â—…ound no bâ—…tter successe approaching London may for ought I know make a speedy retreat to Yorke againe Wee had a Maxime and it was grounded upon nature and never till this Parliament withstood tâ—…at a community can have no private ends to mislead it and make it injurious to it selfe True in a staâ—…e where a collective bodâ—… 〈◊〉 and
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 〈◊〉 〈◊〉