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

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same language Omnis quidem sub eo ipse sub nullo nisi tantùm deo Omnis not singuls to take off your singùlis maior universis minor and tantùm sub deo spoken negatively to exclude this eclipse this interposition of the people But of this sufficiently already is spoken It cannot be objected to the Martyrs of the first age that they could not resist the torture they were at the least seemingly willing to undergo Tertullian in his Apologie telleth the Emperour the Christians were more in number and stronger and able to defend themselves his Scholar Cyprian is of the same Language Quamvis nimins copiosus noster populus non tamen adversus violentiam se ulciscitur Lactantius confirmeth him lib. 5. and August in many places of his De Civitate Dei Of all other the passage between the Thebean Legion is most considerable and the Emperour Maximian they consisted of 6666 Souldiers the Emperour sent unto them upon pain of death to commit formall idolatrie they refused to obey his command they were able enough to resist him and his power they knew and confessed it they laid their heads to the blocke and lifted no hand against him his command was injust was impious by natures dictates they were to conserve themselves yet they relinquished nature yielded to die Let us compare Hothams action to this primitive passage the King would have entred the gates of Hull a Town within his Dominion Hotham being within the Kings alleageance shut the gates against him resisting his entrance with armed men Hotham conceived his entrance would put his life in jeopardie and the Kingdomes safetie endangered he conceived it probably not inevitably to follow thereupon suppose the ruine of both had inevitably ensued yet it is not so farre prest The Thebean example doth not warrant the resistance they obeyed to the losse of life this desire to enter the Town came from the Cavaliers and ill Councellours not from the King himselfe Caesars taxation was by his ministers assessed collected and probably invented Maximians servants brought the command to the Thebean Legion to commit idolatrie they brought the punishment and executed it and it was very probable they were the authours of both yet no resistance made against the Emperours command though delivered by his ministers yet our King in person and vivâ voce demanded entrance and was resisted and resistance of the Kings authoritie is to resist the King as was declared by this present Parliament upon the Earle of Strafford triall you will object the Emperour had a more absolute Dominion than our King hath over his Subjects persons and estates I confesse it the Emperours power was in most things illimited the Kings limited by our municipall Lawes obliged by a solemne Oath to keep them and if he commandeth any thing opposite to these Lawes we are not bound to obey this command but we are not warranted by this Law to resist the King with force of Armes if other Christians made a conscience actually to resist their Kings command even in things contrary to the Law of Nature and the divine Law and those that concerned salvation and can the conscience of our Christianitie allow us to raise Armes to resist the Kings commands supposed by inferences to prove destructive to our positive Lawes Our Law doth not warrant us and if it did there is no warrant for that Law given by the supreme Law-giver But this resistance is approved by Parliament by Parliament is meant by you the representative Bodie of the Lords and Commons assembled by the Kings Authoritie I denie this to be Parliament by the Constitution of this Kingdom without the concurrence of the King and if it were I deny that the greater part is conscious of this resistance and if the greater part were I deny an infallibilitie tied to them and if they were infallible I deny that they alone without the King are competent Judges makers and declarers of Law if they were then they should be both parties and Judges and disposers of that which belongeth to the King jure personae without his consent himselfe being neither there in person nor represented by them or any of them an opinion dissonant to reason or conscience and the institution of nature for the Members to raise Armes against the Head Aesop giveth us an example and the effect of such War and hereupon we will digresse a little to examine the definition and properties given by your Observations to the Parliament which you define pag. 5. to be the essence of the Kingdom that 's false for a thing cannot be separated from its essence the Kingdom and Parliament can A thing hath no being when the essence is destroyed the Kingdom hath its being when the Parliament is suppressed dissolved or not in rerum natura as in the vacancie of a Parliament the same numericall qualities that inhere in the Parliament do not inhere in the Kingdom and so è eontra the Parliament may be sicke at the time the Kingdom is well the Parliament may erre when the Kingdom doth not in the same manner that generall Councels the representative Bodie of the militant Church may erre when the Church generall doth not This representative Bodie is a select number of men intrusted for a greater with a large Commission to treat and conclude for the trusters good the trusters are men and subject to ercour unlesse a supernaturall assistant spirit of infallibilitie is necessarily pinned to their sleeves that they are remoter than ordinary Courts from erring I allow you but not absolutely free from it as you averre pag. 8. The praises you give to Parliaments swell up most of your Observations and much are I confesse deservedly attributed For mine own part as I was borne under the English Government so I conceive it without affectation the exquisitest I know of and in these the Parliament shineth above other Constitutions ut inter ignes Luna minores Let a Parliament run within its own channell if it breake the bankes it overwhelmes it destroyeth publique Libertie and looseth its being and the end for which it was instituted I love the fundamentall Libertie of this Kingdom as well as the Observatour doth but without dotage as the Observator professeth to love monarchicall Government pag. 41. Parliaments have done wrong witnesseth the deposall of Richard the Second therefore it is good Logicke to say they may do wrong But you say they were forced by Henry the Fourth his victorious Armie p. 32. I say so too then they may be forced and force we know are of severall nature I pray God the present be not conscious of it I leave to the effect ofevery Parliament to elogize it selfe Parliaments are of a soveraigne good but as in naturall so in politickes I believe Corruptio optimi est pessima and so much for Parliaments We shall now reflect upon the next member of our division that falleth next in order to be discussed that this Supremacie
laid Admit Supremacie derived from the people hence Quod facit tale est magis tale The people more noble than the King because he is for them not they for him instituted Salus populi Suprema Lex and the Law of prerogative is subservient to this the King singulis major universis minor the right of conquest cannot bee pleaded to acquit Princes of that which is due to the people as the authors and ends of all power for meere force cannot alter the course of Nature or frustrate the tenour of Law and if it could there were more reason why the people might instisie force to regaine due Liberty then the King might subvert the same And this is all I finde in your Observations reducible to maintaine the principall subject of your observation the residue being either matter of fact admonitions or reprehensions I shall not meddle with being Heterogencous to our present purpose Quod facit tale c. Wine maketh a man drunk therefore Wine it selfe is more drunke than man the inference holdeth not you see in causes by accident Sol homo generant hominem therefore the Sunne is more man then the man generated this I am assured you will confesse to bee a very bad consequence so then the Maxime is not current in partiall efficients and the people are at most but partiall causes for you allow God also a sharer of this Supremacie but I will admit further unto you Supremacie wholly derived from the people the maxime is not true in all totall causes Adam was the author or cause of sinne God was the totall Author or cause of Adam therefore God was more Author or Cause of sinne your Religion will not allow this Logick the axiome therefore holdeth not in totall free agents and though I admit you the people to be whole cause of this power yet I know you will say they are free Agents in conferring of it and if you allow them that freedome your Axiome you see is ill applyed To come yet nearer unto you a Servant giveth the Master the title of Master Relatives as these are are Causa sibi invicem doth it follow therefore that the servant is more Master then he that is made master by him the passage betweene Valentinian and his Souldiers recorded by Sozom. in his Ecclesiasticall History cleareth the point Vt me ad imperandum vobis eligeretis in vestra situm erat potestate ô milites at postquam me elegistis quod petitis in meo est arbitrio non vestro vobis tanquam subditis competit parere mihi quae facienda sunt cogitare That I was chosen your Emperour lay in your power Souldiers but after I am so chosen by you what you demand of me lyeth now in mine not your power it befits you as subjects to obey and me to consider what I am to doe Your Quod facit iale in point of government holdeth true in him or them whose power continually dependeth upon the will of him or them that gave it not in them who have it transacted by one Act bee it absolute or with certaine limitation that this power is transactable is allowed by your selfe and that absolutely some thing is alreadie proved the conditionall relation of it we shall referre to be further examined in the second member of the division of immediate efficients and here we will sift the second propertie you annex to the subject of your discourse this supposed popular Supremacie The People more noble than the King because he for them not they for him is instituted that universally taken is apparently false some Government is onely for the Governour not the Governed erected as that between the Master and Servant whom the Master taketh for his own not his Servants profit and though the Servant gaineth by the service yet his gain was neither the cause nor end of this dominion not of that gained by conquest the end and efficient of some Government are both the Governour and Governed as that between the Husband and the Wife whose subjection still referreth to her and her Husbands goods So the Campani subjected themselves to Rome for their own safetie and the Roman Honour and greatnesse both you see proved the object of this Government the Conquerour is the efficient and end of his Government by his contract with the people to limit his power with certain caution over them maketh them thereby a partiall end of his Supremacie it is false then that all Kings are erected for the people and not the people for them but that you may perceive the weaknesse of your inference I shall admit unto you that all Kings are for the people and not the people for them doth it follow therefore they are more noble than the King tutorage is instituted for pupillage not pupillage for it is the pupill therefore more noble than the tutour that hath power over him the tutour upon misusage of his power over the pupill I confesse is removed but by a positive Law made by those above him where that positive Law is by whom made appeareth not in any considerable Monarch of the world some but sew and inconsiderable Antiquitie make mention of Mezentius in Virgil seemed to be of such conditionall powers Ergo omnis furiis surrexit Etruria justis Regem ad supp●●sium prasenti morte reposcunt This pretended Nobi●itie we have quitted the people of by what is already said Next your Salus populi suprema lex commeth to be discussed if you mean by People a Common-wealth with all the parts of it I allow you that Salus populi suprema lex but if you understand by people the Subject contrà distinguished fom the King if you take people for the Members without the Head of a Societie your Salus populi is not Suprema lex if you take Members apart the worthier Member challengeth the first respect and consequently the King who is the Head of the Common-wealth claimeth in reason the preheminence of the inferior Members Art imitateth Nature and if the Reason of Nature giveth it so Reason of policie being grounded upon that of Nature cannot deny this prerogative and so much concerning that adjunct Rex singulis maior universis minor you understand maior minor in respect of Supremacie and by universis singulis simul sumptis all the Subjects and the representation of them the Parliaments for they you say are essentially the same pag. 5. He can command all singly but all ioyntly can command him This of all your opinions carrieth most absurditie with it The people you say give a power over them to the King and yet reserve it to themselves In the Oath of Supremacie you confesse the King supreme next under God but by this you introduce an interposition of the people the representative Bodie of the Kingdom the Parliament which is the Kingdom it selfe so you terme it pag. 5. do joyntly and universally in most acts preface the King with May it please your