betwixt them and those many that intrusted them are not they satisfied with their carriage If this were never till now it may seem to be upon some causes which never were till now Except Mr Hollis his rich Widdow I never heard that promotion came to any man by serving in Parliament What service commended Mr Hollis to the rich Widdow I cannot judge this I know if the ninteen propositions had past it would have been no newes to heare of many promoted and they might easily have redeemed the time that they have lost and challenged so much greater honours because they could not have them sooner It would have been rare to have heard of any advanced out of Parliament this would have bred good stirring blood in the Countrey the Gentry would have justled to get in at the common gate of Offices and Honours The Lords and Commons ought not to be deserted unlesse we will allow that the King may chuse whether He will admit of any Councell at all or no in the disposing of our Lives Lands and Liberties By Law He cannot He will not refuse to hearken to His great Councell neither doth He challenge to Himselfe any right of disposing of your Lives Lands and Liberties but will protect you and them according to the established Lawes He only sayes He is not bound to renounce his own understanding or to contradict His own conscience for any Counsellors sake whatsoever He must satisfy that before their desires nor must that which they call policy give Law to that which He knowes to be religion T is granted in things visible and certain that judge which is a sole judge and has competent power to see his own judgement executed ought not to determine against the light of nature or evidence of fact Sole judge or not alters not the case neither is there any restraint only to visible and certain things in the discharging of a trust the conscience must be guided by a morall certainty or high probability The sinne of Pilate was that when he might have saved our Saviour from an unjust death yet upon acousations contradictory in themselves contrary to strange revelations from Heaven he would suffer Innocence to fall and passe sentence of death meerly to satisfy a blood-thirsty multitude The sinne of Pilate all confesse hainous yet if examined according to his rule of justice he must either condemne his own judgement or absolve his For first concerning strange revelations to the contrary all that I meet with is this his wife sent unto him saying Mat. 27.19 have thou nothing to doe with that just man for I have suffered many things this day in a dream because of him What was revelation to her was but a single tradition to him she was obliged to beleeve God speaking to her he was not bound to believe a woman speaking to him he might think she might be willing to deceive out of naturall compassion strong in that sexe or might be deceived her selfe calling that inspiration which was fancy That it was true de facto makes nothing against him for a Iudge he knew was to be guided by proofes he that will passe sentence according to what any shall pretend to have from Heaven may well deserve to goe to Hell for it 2ly Concerning accurations contradictory in themselves he saw that plainly and therefore professes their testimonies invalid Ioh. 19.6 I find no fault in him Mat. 27.18 But it may be objected he knew that for envy they had delivered him That indeed was his private opinion which the Iewes perswade him was to be overruled by their authority and unanimous consent This therefore seems to be the case Pilate thinks it not enough that all the chief Priests and Elders of the people cry out against him as a malefactor and enemy to the state he requires some proofes Ioh. 18.29 they returned this answer v. 30. if he were not a malefactor we would not have delivered him unto thee Populisalus the Common-wealth was in danger not did it stand with the honour of that Assembly to give more particular reasons At length he is resolved to passe his assent and yeelds to their votes upon these grounds His single judgement was not to be preferred before all advice then many eyes of all the choycest of the people see more then his and many spy faults which he could not find besides there was a Maxime and it was grounded upon nature and which the Author saies was never 'till this Parliament withstood therefore then in full force that a community can have no private ends to mislead it J shall only adde the case can no way be varyed though they had not a joynt judiciall power for if he thought him innocent and knew he had such a right that except he passed sentence against him he was not condemned and ought not to suffer it had been as high a fault to concurre with them in their injustice Not so because if one Iudge on the Bench dissent from three or one Iuror at the barre from eleven they may submit to the major number though perhaps lesse skilfull then themselves without imputation of guilt The Oath of the Iurors is this as we find in Mr Lamberd Se virum aliquem innocentem haud condemnaturos sontenâ—ve absoluturos Laying their hands upon the holy Gospell every man swears he will not condemne the innocent nor absolve the guilty The words of their Oath now in use speak the same sense They sweare that they will doe right betwixt party and party according to evidence given in wherefore they ought to consult information by witnesses not their fellowes votes How his casuists will satisfy a mans conscience when he violates this Oath I know not 'T is true in many cases there may be a legall submission but then the law doth not require a personall act contrary to conscience but provides for the preservation of the innocency of the dissenting parties by making the act of the major part have the force of the whole according to that Refertur ad vniversos quod publicè fit per majorem partem Jf so in Law much more in State where the very satisfying a multitude some times in things not otherwise expedient may prove not only expedient but necessary for the setling of peace and ceasing of strife True if in Law not otherwise a Governour must not displease God to please the people The second thing must be ordered according to the Rulers prudence For many times granting an unreasonable request doth not satisfy but encrease their desires And whereas the more he gives he becomes the lesse able so the more they receive they become the more craving That the Militia and Magazine of Hull c. should be intrusted into such hands as were in the peoples good esteeme conscience and understanding could plead nothing against it Understanding and consequently conscience very much if the King had more distrust of some and more confidence
French Pesant to his Prince There may be reasonable motives why a people should consent to slavery as if in danger of a potent enemy they could hire none on gentler conditions to undertake their defence or if reduced to extream want they had not wherewith to sustain themselves they may very probably like Esau passe away their birthright liberty We finde an example of each case in holy Scripture The Egyptians parted with all their mony and cattle and past away the right to their lands and became servants to Pharaoh Gen. 47. upon this condition that Joseph would afford them bread Jos 9. And the Gibeonites bought their lives of the children of Israel with the price of their liberty and thought they had a cheap purchase From the word trust used by his Majesty he gathers the King does admit his interest in the crown in part conditionate No ground for this collection for there may be a trust and that is so much the greater if free from condition But the thing is true de facto in some sense and his Majestie hath alwaies acknowledged He is bound to maintain the rights and liberty of the subject Yet we must not so understand it as if the right to His Kingdome were so conditionate that it were capable of forfeiture upon a not exact performance of covenant As for the word elegerit whether it be future or past it skills not much If he take notice of the conclusion deduced thence he may find as much difference between the Tenses as between Democracy Monarchy But the consuetudines which cannot refer to the future undeniably evinces it was meant of the time past and the oath in english is free from all ambiguity rendring consuetudines quas vulgus elegerit by rightfull customes which the commonalty of this your Kingdome have I may adde the different manner of the Kings answer as it is set down in their Remonstrance Where to other questions which respect the future the King answers in the future in this as referring to what is past He answers per verba de praesenti concedo permitto The King is bound to consent to new lawes if they be necessary as well as defend the old His Majestie never thought otherwise but He is not bound to an implicite faith to believe all necessary which is pretended to be so The word elegerit if it be in the preterperfecttense yet shewes that the peoples election had been the ground of ancient lawes and customes and why the peoples election in Parliament should not be now of as great moment as ever J cannot discover The election there spoken of is the election of the diffusive not of any representative body and that with the tacite consent of the Prince and so of much other authority and for the representative their ancient right is not denyed no law shall be abrogated none enacted without their assent But there is a mean between doing nothing and all The result of all is our Kings cannot be said to have so unconditionate and high a propriety in all the subjects lives liberties and possessions or in any thing else to the crown appertaining as subjects have in the Kings dignity The King pretends not to have any unconditionate proprietie in the subjects lives liberties and possessions he would onely be allowd it in his own And what he can mean by subjects having an unconditionate and high propriety in the Kings dignity surpasses my understanding It may seem to speak this wicked doctrine that subjects may dispose of the Soveraignty as they please for this right an absolute propriety gives If the King had such high right as subjects it were not lawfull or naturall for him to expose his life and fortune for his country How is it lawfull for subjects then to doe so The people have as great nay greater obligation of exposing their lives for the King This appeares by the Protestation as also by the ancient oath of fealty at the Coronation Je deviene vostre Liege de vie de biens c. Sir Hen Spelman gives us a form of sacramentum ligiantiae still in use Tu I. S. jurabis quòd ab ista die in antea eris sidelis legalis leaux domino nostro Regi suis haeredibus fidelitatem legalitatem Leaultie ei portabis de vita de membro de terreno honore quòd tu eorum malum aut damnum nec noveris nec audiveris quod non defendes i.e. prohibebis pro posse tuo ita Deus te adjuvet I cannot imagine any possible colour for such an inference I would sooner make a rope of sand hang together may not a tyrant expose his life in defence of his slave without breach of any law He doth but defend his owne goods â—xod 21.1 for the Scripture calls his slave his money His owne instance confutes him bonus pastor ponit vitam pro ovibus suis for it is evident this good pastor was our Saviour absolute Lord of his flock Parliaments have the same efficient cause as Monarchyes if not higher What higher then the law of God and of the whole land yes for in truth the whole Kingdome is not so properly the author as the essence itselfe of Parliaments just as a Proctour is the essence of him for whom he appeares or an Ambassador is essentially the King But suppose it true this declares the materiall cause proves no greater dignity in the efficient But the reason is to come by the former rule he had no good fortune with that before 't is magis tale because we see ipsum quid quod efficit tale what magis tale in essences or can a thing be magis tale then it selfe This I conceave is beyond the sense of the house However this confession and the rule quod efficit tale est magis tale subjects the Parliament to the people as well as the same rule would doe the King and proves as well that the Parliament is vniversis minus though it be singulis majus Parliaments have also the same finall cause as Monarchyes if not greater what greater then salus populi nay then to promote the Subject to all kind of Politicall happines which he told us was the end and duty of a King His reason is publique safety and liberty could not be so effectually provided for by Monarchs till Parliaments were constituted This proves not the end higher but shewes they are good helpes in government which is readily granted Two things especially are aimed at in Parliaments not to be attained to by other meanes Not so easily attained indeed but certainly many Kingdomes have enjoyed a most high degree of civill happines under arbitrary Monarchs who knew no Parliaments Such as have abundantly satisfied the inter est of the people in all weighty affaires advised with the ablest counsellors Two other ends might have been named as essentiall as those which are to supply his Majesties
not content with this Negagative affirmes Sempronius is bound to consent to what ever he thinks fit if so is not this money wholely at Titius his disposall Can any one be so stupid as to tell Sempronius notwithstanding this He hath a full power How did ship-money destroy our propriety but by this very consequence Law and Reason informe us that Ejus est velle qui potest nolle L. in bello §. medio D. de captiv postlim Hence Tryphonius determines that a Captive cannot consent to his sonnes Marriage Why Cum utique nec dissentire posset And Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It is alledged in derogation of Parliaments that whatsoever the right of Parliaments is to assemble or treate in all cases of a publicke 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 If this Man had a mind to deale candidly he would deliver the Kings sense truly and let Him speak His own words The summe of which is onely this the two Houses have not power of making lawes and altering the established goverment without Him But this Allegation at one blow confounds all Parliaments and subjects us to as unbounded a regiment of the Kings meere will as any Nation under Heaven ever suffered under Very tragically expressed and with high confidence but not any colour of reason For are we not left in the same state in which we were His Majesties denying to bring in a new government doth not take away the old If He thinke it not convenient to alter that forme which the least deceitfull Argument long experience under so many of His glorious Ancestors hath proved happy can any who is not in love with error inferre hence this subjects us to a lawlesse and most unbounded regiment Vpon the same reason by the Kings desertion 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 Many Kings have dissented from Bills yet the people were never so mad as to feare a desertion of all Courts It is against common sense to fancy that He which enjoyes all by the benefit of Laws should hinder the due administration of Justice according to those Lawes so willfully endanger not onely his rights but safety by putting His Kingdome into tumults and combustion Every wise man may have as strong security he shall not suffer from the onely not impossible execution of such a power because it is so manifestly destructive of the Kings own interest and made evident to be so as well by experience as by reason as any man can have reason not to be afraid of himselfe because he hath a full power over himselfe and may destroy himselfe when he pleases The intent of the King is that the great Assembly of the Lords and Commons doe not represent and appeare in the Right of the whole Kingdome or else that there is no honour nor power nor Iudicature residering in that great Majesticall Body then which scarce any thing can be more unnaturall A most impudent collection the meaning in breife is onely this when the particular consents of three are necessary it 's not in the power of any two to effect whatsoever they please A most prudent establishment in favour of present government that we may have no innovation without the mutuall agreement of King and people It is attempted to divide further between part and part in Parliament Who these attempters are I enquire not I suppose he meanes those who devided the Lords into good and bad the Members of the House of Commons into well and ill affected So making the major part not fully concluding They are not denyed to conclude as far as the power of that House extendeth but this cannot reach to an absolute and finall decision It is a wonderfull thing that the King's papers being fraited scarce with any thing else but such doctrines of division 't is more wonderfull that in a well governed state such disrespectfull language of Princes from private pennes should passe unregarded unpunished tending all to the subversion of our ancient fundamentall constitutions which support all our ancient liberties and to the erection of Arbitrary rule should find such applause in the world There is a vast difference between declaring what divisions are and causing them to be to shew is not to teach division But it is beyond admiration if the King's aimes are such as He would have the world beleeve that they should find such applause Especially if we consider the persons from whom men that have much more to loose then some who may ayme at getting greater fortunes by pretending they are in danger to loose what they have Men that are knowen not to value their lives equall to their liberties men of as great wisdome as honesty neither of which would permit them to be active to make themselves miserable and pull upon their posterity and Countrey perpetuall slavery What impudence of malice is it to accuse the King to intend that when the world sees how much He hath suffered meerly to prevent it Could our Ancestors ever have beleeved there should come a King who would plead for Magna Charta who would hazard His Crown in defence of the subjects Liberty and desire nothing more then the utter abolition of all Arbitrary rule If the King have parted from his Parliament meerely because they sought His oppression He had no other means to withstand their tyrany Let this proclaim them a voyd assembly His Majesty never layd such charge to the Parliament yet it is most evident there was too great reason elsewhere to justifie His feares when notwithstanding His deepest Protestations to maintaine the true established Religion they still imputed to Him inclining to Popery when notwithstanding His utmost endeavours to suppresse that unhappy Rebellion in Ireland and after the Houses had taken that worke into their care His frequent pressing them to send over sufficient supplyes and not to spend their time in businesses of little moment whilst their poore Brethren were dayly butcherd yet the people were made beleeve He was a favourer of their bloody designes when the baser sort of the people were permitted to come even to the Parliament in Clamarous and unwarrantable multitudes and there was a kind of discipline in disorder tumults being ready at command upon a watch-word given when seditious Pamphlets hourely came out and many Presses laboured day and night to abuse the King when factious Preachers were incouraged whilst they did cast publick obloquies on the Lawes which stood in full force and which if they had been duly executed would have justified themselves by restoring Us to our former Peace and happinesse which We so long injoyed as
slavery Besides what can he propose to himselfe The people will give more then can be forced from them so he looses by it and then how much doth he hazard against lesse then nothing He hath least reason to break the lawes willfully because he injoyes most by them and experience having shew'd the benefit of observing them and the ill of the contrary He cannot but doubt the People would fail of their duty if he doe in performance of trust and cast of the bond of obedience if he doe that of Protection These things duly weighed render that malice inexcuseable which hath long time exercised the people with most unreasonable feares of lands and liberty and Religion being in danger and this notwithstanding the King 's many sacred Protestations to the contrary before God and all the world and the whole course of his proceedings which evidently tend to the securing all Now I think it doth fully appeare that the doctrine of that Remonstrance laid down by His Majesty by way of recapitulation in seven positions is most justly offensive being such as doth threaten ruine to both Church and State not permitting us either to obey the King or serve God as we ought 1. That the Parliament has an absolute indisputable power of declaring Law so that all the right of King and People depends upon their pleasure This power must rest in them or in the King or in some inferior Court or else all suits must be endlesse and it can no where rest more safely then in Parliament The two Houses are not the Parliament The subject of such power is the intire body which consists of three estates Some things are cleare and evident in Law and want no declarer if otherwise all the Subjects right would lye in the brest of the Iudge If the two Houses should Vote younger Brothers ought to inherite by the Law of England could this destroy the right of the first born 2. That Parliaments are bound to no Presidents Statutes are not binding to them why then should Presidents yet there is no obligation stronger then the Justice and Honour of a Parliament This is an excellent ground to justifie their innocence against all the world For if they can make it appeare they are not bound to keepe any law no man can accuse them for the breach of any What obligation can justice lay on them who by astrange vertue of representation are not capable of doing wrong It will become justice because they did it when he hath declared what Honour is I shall be able to judge of that bond it may perchance not stand with their honour not to be able to prove men guilty after they have once accused and imprisoned them Statutes stand in full force to the two Houses as being not voyd till repealed by a joynt consent of all the Estates 3. That they are Parliaments and may judge of publique necessity without the King and dispose of any thing They may not desert the King but being deserted by the King when the Kingdome is in distresse they may judge of that distresse and relieve it and are to be accompted by the vertue of Representation as the whole body of the State To dissent after he hath granted what ever can in reason be desired is not to desert the Houses Upon pretence of distresse to take illegall courses is as if they should perswade us we are not in health and therefore they must breake our heads to forward our recovery They represent the people to some purposes not the King to any and therefore are but a part of the State 4. That no member of Parliament ought to be troubled for Treason c. without leave This is intended of suspicion only and when leave may seasonably be bad and when competent accusers appeare not in the impeachment If by suspicions be meant only a bare not considing in this in justice cannot be sufficient ground But upon Articles drawn and proofes in readinesse which it is not fit to produce while the accused partyes are at liberty they may be medled with for designes of this nature may brook no delay because it might prove dangerous to the King's safety or at least afford them liberty to escape If the Houses being adjourned were not able to give consent or upon too much confidence should not be willing hath not the Law provided in such a case for triall of Treason 5. That the soveraigne power resides in both Houses of Parliament the King having no negative voyce This power is not claimed as ordinary nor to any purpose but to save the Kingdom from ruine and in case where the King is so seduced as that be proferres dangerous men and prosequutes his loyall Subjects Not as ordinary that is they will only be King's as long as they please and when they are weary of Reigning the Kingdome shall be out of danger and then it shall be his turne to command againe To save it from ruine the Law hath better provided for the Peoples safety by prohibiting all illegall executions of power grounded upon what specious pretences soever And in case where the King is seduced that is when he is not so wise as he should be because he does not think as they doe and refuses to satisfy the humors and interests of some And prefers this seems to be the true cause of all preferments doe not goe the right way dangerous men i. e. such as desire he should govern according to the known Lawes of the Land And prosequutes his loyall Subjects i. e. is driven from London to Yorke where He long time patiently expected the undeceiving of His People 6. That leavying Forces against the personall commands of the King though accompanyed with his presence is not leavying warre against the King but warr against his Authority though not Person is warre against the King If this were not so the Parliament seeing a seduced King ruining himselfe and the Kingdom could not save both but must stand and look on It is against common sense to fancy a King ruining Himselfe and Kingdom He can neither be willing nor able Upon a mad supposall mad consequences will follow 7. That according to some Parliaments they may depose Kings 'T is denyed that any King was deposed by a free Parliament fairely elected This is most certain but takes not off those words upon which this Proposition is grounded These might well have been omitted as being more fully handled in the book But least he should complaine any thing was past over I chose by a short review to be his remembrancer The Propositions collected out of His Majesties Declarations are but the brief of his Observations to all which I have already spoken To conclude if the people hearken to reason they must needs think His Majesty will be more ready to prevent all reall danger then any Subject whatsoever because He is sure to beare the greatest share in the losse It alwaies was the master Policy amongst the wisest Legislators to grant to them the greatest power of government to whom the preservation of the present state would be most beneficiall because their private interests were the same with the publique from which if they swarv'd by error or misinformation their own disadvantage did soon appeare FINIS
to recall it when it appears disadvantageous I owe that I have been safe thus long to the benefit of this covenant therefore am bound in justice to share the inconveniences If reason will not satisfie perhaps Christianity may Qui resistunt potestati Rom. 13. ipsi sibi damnationem acquirunt To resist the magistrate damnable The powers here spoken of were heathen yet Christ commanded his to be subject even to them That answer with which too many are deceived cannot excuse disobedience and Rebellion This precept obliges private men but not magistrates Since inferiour magistrates being opposed to the supreame power are but as private men and in this respect the reason of obedience is common to both Neither is this a hard law if duly considered If we suffer justly we have no reason to complain if undeservedly we are punished but not hurt The magistrate is Dei minister nobis in bonum because God will abundantly reward us for our patient suffering in obedience to his command But this is against nature He must mean nature guided by right reason and doth that dictate that rather then part with a temporall life we ought to forfeit an eternall It is objected that a temporary power ought not to be greater then that which is lasting and vnalterable He does not frame the Kings argument aright which concludes on this ground that it is not probable the lawes should place a power greater then his in such a body and yet leave it to his disposall when to call that body together when to dissolve it that is to determine when and how long he would be over-ruled when be King again His Majesty presses it farther which he dissembles This trust being irrevocably committed to Him and His heires for ever it cannot be conceived how it should sleep during the sitting of the Houses But if this were so the Romans had done unpolitiquely in creating Dictators when any great extremity assailed them and yet we know it was very prosperous to them sometimes to change the form of government Hence we may conclude it good policy in imminent danger to trust to a Monarchy not an Aristocracy and much lesse to a democracy The Romans successe cannot be imputed meerely to their change but to this that they altered their form from worse to better as to their present ends but that will not justifie his desire of innovation from better to worse It is further objected He sayes if we allow the Lords and Commons to be more then counsellors we make them Comptrollers and this is not suitable to Royalty He answers we say here that to consent is more then to counsell and yet not alwayes so much as to command and comptroll True not alwayes but then it is when their consent shall impose a necessity upon the King of doing the like He hath not laid down his Majesties words faithfully The point He stands on is that their advise is not His law neither is He bound to captivate His reason or submit His conscience to their Votes Yes it must be so because in inferiour Courts the Judges are so counsellors for the King as that the King may not countermand their judgements and yet it were a harsh thing to say that they are therefore Guardians and Comptrollers of the King therefore it holds in Parliaments a fortiori The reason why the King cannot countermand their judgement is because they sustain His person and His consent is by law involv'd in what by law they do and there would be no end if He should undoe what He hath done Authoritas rei judicatae vim legis habet there can be no appeal from himselfe to himselfe He therefore makes the Judges take an oath they will deny to no man common right by His letters because He is not to passe sentence in private but in publique and in a Judiciall way That it is his owne act appears from this that He delegates his power to them and this is a known rule Quod Rex facit per officiarios per se facere videtur The truth is Kings have a right and heretofore they made use of it to sit in judicature personally Camden tells us that Bancus Regius ita dictus erat â—rit 112. quòd Rex ipse in eo praesidere solebat Sir Tho Smith too in his description of England Subsellia Regia vulgo Bancus Regius ex eo sortita sunt appellationem l. 2. c. 14. quia ibi ipsi Angliae Regessedere consueverunt This Court was called the Kings Bench because the King sate as judge in it in His proper person It removed with the King as is to be seen 9. Hen. 3. cap. 11. by which the Court of common Pleas is fixed Common pleas shall not follow our court but shall be holden in some certain place Moreover the Judges swear they will not assent to any thing which may turne the King in damage or disherison by any manner way or colour 18. Edw 3. when he can make these things agree to the two Houses he shall conclude from the Iudges sentence to their votes But since it will clearly appeare that they are not the mouth of the King the Lords sitting in a personall capacity and the House of Commons as representing the body of the Kingdom though not that to all intents and purposes the inference must by no means be granted I shall adde this to make the answer more clear and to avoid mistake in matters of Law there lyes an appeal to them a writ of errour being brought as to the highest Court not so in matters of state Because whilst they passe sentence according to known lawes the state is no way indangered thereby but if they challenge to themselves a liberty of passing sentence according to reason of state they may when they please overthrow our lawes The Counties which intrusted them looke upon them as Judges not Politicians But we ought not to conceive that they well either Councell or consent to any thing but what is publiquely advantagious When the King conceives they do not otherwise He will most willingly follow their advise This fallacy though extreamly weak hath influenced on all his book He takes the two Houses in such a Notion as not failing of their duty but doing every thing as they ought and supposeth the King to be wanting to that trust which is committed to him By such Councell and consent we cannot imagine the King limited or lessened Such a Consent in which his is necessarily involv'd renders his Power not so properly lesse as none at all it doth not limit but take it away Pray put the Case a thousand pounds is left to Titius and Sempronius to be bestowed upon joynt consent Sempronius being just and reasonable grants to Titius the right of a Negative so that without he will concurre he confesses he can doe nothing The King doth not pretend to have power of repealing old or constituting new Lawes without them Titius
leave given He sayes nothing can take of this it was fully intended the Members should have had a legall and speedy tryall for His Majesty conceives it high injustice to clap men up upon a bare charge and after they are in prison forget there are such men in the world The Parliament does not deny the King a true reall interest in anything held by him either in jure Coronae or in jure Personae but only affirmes that in the same thing the State hath an interest Paramont in cases of publique extremity by vertue of which it may justly seize and use the same for its own necessary preservation The King is a part of the state and therefore the other part hath not any power warranted by Law to doe what they think fit to His prejudice upon pretence of publique extremity This is ship-money again in every mans lands goods the State hath an interest Paramount in cases of publique extremity by vertue of which it may justly seize and use the same for its own necessary preservation Here 's the difference the head without the body was the State before now it is the body without a head The King hath graciously freed us from that inconvenience and we hope He will not suffer us to be opprest with this The prudence of our lawes hath provided against either but were there a necessity we must fall into one we ought in reason to choose the former we are acquainted with that and therefore could better digest it It would be a great affliction to fall from such hopes and what we lookt on as a remedy to find that our disease but especially it would be lesse burthen to our estates to satisfy one then five hundred But the King's things are still reserved for him in better hands then he would have put them Though this were true it were an ill president for the Subject who must be bound to give up his meanes as oft as they conceive they could dispose it more wisely as they yet keep them away from him for his good so hereafter they may spend them against him for his advantage Let what will be pretended the Subject cannot be so stupid as not to understand these who undertake to manage the Paramount interest of the State may seize on any subjects fortunes by the same right they take the King 's That there is an Arbitrary power in every State somewhere 't is true 't is necessary and no inconvenience followes upon it If he mean by arbitrary a legislative power this is granted yet not to a part but the whole body But this speakes not to the case for still they give us a certain rule to live by The old lawes are in force till repealed and when new are once enacted we must conform our actions to those standing rules He is to justifie there is such a Paramount Law which shall make all our other lawes truly Oracles that is capable of contrary meanings So that now a man may be justly punisht for doing such a thing because he hath disobeyed the letter of the law a week after he shall be justly punisht too for not doing the same thing because he hath disobeyed the equity of the Law Aristotle tells us and 't is very wisely said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rhet. l. 1. c. 1. Those lawes are with greatest prudence established which define most cases and leave nothing which possibly may be determined to the brest of the judge The reason of it is this Lawes are made without any respects to persons it cannot be foreseen what parties would be engaged but Judges doe not allwayes abstract from these they may be mislead by the relation of Kinsman friend Patron or other interests Now how fully may these corrupt ends be satisfied by this equitable construction of Law Mr Hooker does not say that the Anabaptists in Germany did deceive Parliaments with their hypocrisye No man told you he did we only learne thus much from that story of their foul injustice and cruelty that upon proportionable principles such mischiefes being then may be again For example if a power be placed in a certain body of men by which they are allowed to breake all inferiour lawes if they think it is for the good of the people c and if this body be backt by the greater part of the people as having gained on their affections by fair promises of a perfect reformation and that they shall at length enjoy the purity and simplicity of the Gospell in this case may it not be a sufficient motive to take away mens estates because they cannot confide in them is it not just to take from enemies of the State the power of hurting it 'T is very obvious that for those men of whom they have no good opinion to have wealth may be a crime to have honours treasonable As for the thirty Tyrants of Athens we know they were not chosen by the people as our Knights Citizens c This circumstance alters not the case if after they are elected they challenge as unquestionable and as irrevocable power But the main intent of that instance was to shew there may be a tyranny of many and that much more miserable then that of one in many respects If the inordinate desires of one are hardly satisfied how much more may we suffer under those of many we cannot hope to weary them If we must be slaves better to have one master then foure hundred Though the blowes were equall that from a Royall hand would not smart so much it wounds the very soul to be trampled on by equalls The weight of present evills would lesse afflict then the fear of future There may be continuall supply of torment new and hungry flyes may succeed in the room of the old and suck strongly not regarding many have already been glutted Neither can we expect an end of these miseries such a body is immortall whereas the vices of a Prince are personall and dye with the man we may be restored to happinesse by His successor I will in briefe relate the story of their reigne They had got into their hands the power of declaring what was Law and this by the consent of the people In the beginning they call some men into Question who were much hated by the Citty and though the law could not take hold of them so farre yet they past sentence of death This was very plausible to most who judged of this proceeding by the rule of their present affections not looking so farre into the future as to consider what ill consequences this might produce for by the same way innocent men might be cut off if they were pleas'd to call them enemies of the State After this they gave some part of publique authority to three thousand of the Cittizens and disarmed all the rest by this means and the benefit of a Militia from Sparta the Citty was wholly in their disposall In a short time they had