committed so many outrages and such high injustice that Theramenes one of their own body one of the thirty professed his publique dislike of those proceedings Then was he accused as a Traitor to them and though it was a priviledge of the three thousand that none of them should suffer death by the sentence of the thirty but according to accustomed processe and tryall yet Critias wip't his name out of that number and so reduced him to their tryall Theramenes pleads for himselfe they ought to look upon his as a common case their names might as easily be blotted out he advises them to be very wary in making such a president which might ruine them and their posterity The issue was this Particular men being over-awed by their fears thought it their wisest way to hold their peace since if they should speak in his behalfe there was little hopes to redeeme him but great probability to ruine themselves So they chose rather to expose themselves to those future inconveniences which possibly might not come upon them then hazard a present danger By this advantage the Tyrants prevailed and condemned him to dye The things taken from the King at Hull were Armes which are of more danger then other kind of chattels By the same Law all that part of the Kingdom which is not confided in may be disarmed nay why may not their mony be taken too upon probable feare they may buy armes with it The Subject is in a miserable condition that is lyable to be undone as often as they please to be fearfull It is so farre from excusing it aggravates the fact to take away the Kings Armes that is the meanes whereby he may seize what ever else belongs unto His Majesty The Law of this Kingdom hath only intrusted the Prince with Armes so that the Subject ought not to be arraied trained and mustered but by His Commission But some determination must be supream and therefore either the Kings power and trust must be guided by the discretion of the Parliament or else the Parliament and all other Courts must be overruled by the Kings meer discretion No necessity of either For in cases of this nature which he confesses to be extraordinary if the King and Parliament dissent things must be at a stand and the Subject must be obedient to the ordinary Law The case of Ireland as it is laid down by His Majesty is unanswerable and therefore he is forced to extreme shifts being unable to say any thing materiall and yet unwilling to hold his peace England and Ireland are one and the same Dominion there is as true and intimate an union betwixt them as betwixt England and Wales If this were so Irish Barons would be English Peeres and English Peeres would have a right to vote in Irish Parliaments Besides all lawes here enacted would stand in full force in Ireland as they doe in the Kings dominion of Wales Though the major part should vote a thing yet if it be disliked here they would want authority to over-rule the thing so voted For the reason why the minor part in all suffrages subscribes to the major is that blood may not be shed for in probability the major part will prevaile This is a good reason for such a contract that the minor part should subscribe but after such agreement in States justice laies an obligation on them so to doe upon his grounds if the lesser part in Parliament though never so few can make it appeare the greater part of the Kingdom are of their opinion the major part ought to subscribe to the minor Nay if at any time the major part of Ireland joyning with the minor part of England make a major of the whole then the major part in our Parliament must sit downe He takes no notice of the other case suppose the malignant party should be a major part of both Houses which His Majesty shewes how very probably it might have been and were there a new election it is not impossible the Counties should send up the greater part of such men as he calls malignant would he think the King bound to consent to all such alterations as they should propose Some scattering reasons are laid down concerning the Militia which are but repetitions of what I have formerly answered A Faction is said to have prevailed upon a major part by cunning force absence or accident He argues thus against it if by cunning we must suppose the King's party in Parliament has lost all their Law policy and subtilty The reason why they are over-borne may be this not because they have lesse Law but more Honesty which will not permit them to maintain a good cause by ill meanes We all know in how great stead those piae fraudes holy falshoods and religious untruths stood the Church of Rome though there were such who laid down better reasons for the contrary opinions yet truth prevailed slowly and with a few only because the minds of most were craftily prepossest with prejudice against it begotten and nourished by fained stories The dispute proceeded upon very unequall termes for the Roman party gave themselves the liberty of taking all advantages whereas their adversaries were forced to betray a good cause out of meer ingenuity they had none of their side who could lye We ought to examine whether this policy work not at least in the beginning till a discovery of their falshoods is made and the people is undeceived the same effects in a civill State whether there are not such things as fraudes pretended to be reipublicae salutares which have so strong an influence on the understandings of many that they can submit to the votes of some who have insinuated themselves into their affections against the cleer reasons of others whom they have been taught causelesly to suspect How easy is it to deceive by giving in false informations of dangers from abroad If some more scrupulous then to be abused and led away by light reports inquire after the hand that they may judge of the probability of the intelligence according to the faith and credit of the relator they must be satisfied with this the informer desires his name should be concealed Pour l'eviterâ—le tiltre d'espion It cannot be by force because they have no army visible A thing is said in Law to be done by force not only when men actually suffer if they make use of their liberty and refuse to satisfy the passion and humor of some but then also when they have just grounds of feare for this works on the mind as strongly as the other on the body And therefore Seneca tells us stating this point of freedom vim majorem metum excipio quibus adhibitis electio perit and Cicero nec quicquam aequitati tam infestum est quà m convocati homines armati It remaines then we examine whether the names of many gentlemen were not openly read in tumults whether they were not posted with directions to
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
wants by subsidies and assent to the abrogation of old lawes and enacting new as necessity shall require In the summons of Edw. 1. claus 7. m. 3. dors we see the first end of Parliaments expressed for he inserts in the writ that whatsoever affaire is of publique concernement ought to receive publique approbation Quod omnes tangit ab omnibus approbari debet or tractari I have not the convenience of examining this record and therefore cannot be able to satisfie my selfe in circumstances which perhaps might afford some light to the cleerer understanding of this rule For the present therefore I will allow it to be certaine law though he would not be willing I should have the same liberty and argue the legality of a thing from a Princes bare affirmation and see what advantage he can make of it It seems to me to be deduced from an evident principle of reason and to flow hence it is against equity that the act of one should prejudice another without his consent There is much caution required to the managing this rule For if it be understood in its full latitude without all limitation it will dissolve the bonds of Government by reducing us to that primitive state wherein every one had absolute right to dispole of his owne as he pleased Therefore we must take into consideration that multitudes finding a necessity of Government did restraine this native right by positive Constitutions so that in the best governed States the greater part of men were presumed by a fiction of law to handle and approve such things as they never heard of The ground of which fiction is very reasonable for the people though they are not advised with may well be said to consent to what their rulers doe because they have entrusted them with their safety which without this power convaied into such or such hands could not be so effectually provided for Thus in absolute Monarchies what Princes doe is legally the act of all thus in our Kingdom two hundred thousand debate and approve things by the suffrages of two who many times vote quite contrary to their desires who have entrusted them and yet the people shall be said in law to affirme what really and in truth they doe deny The result of all is this those things which the law doth require shall be transacted only by Parliament the people doe handle approve of by their Knights or Burgesses in those things which the Law hath entrusted the King with many of which concerne the good of the whole what he does is their act Hence it may appear the Kings Writ by which he calls the Houses together to consult de quibusdam arduis urgentibus negotiis is no waies opposite to this supposed Law understood with due limitations The desire of the Commons in the Raigne of Edw. 3. seems to mee fully to justify the same which was that they might not advise in things de queux ils n'ont pas cognizance The matters in debate were of no small concernment being no lesse then the setling intestine commotions guarding the marches of Scotland and the Seas But the answer is herein they renounce not their right of consent they only excuse themselves in point of counsell referring it rather to the King and his Councell Here then we have the judgement of the House of Commons that in affaires of some nature and those too very much concerning the safety of the whole Kingdome there may be fitter Counsellors then they are I had conceived n' avoir pas cognizance had not signified to be ignorant or not to understand things so thoroughly since cognisance uses to be taken in a Law-notion and to signifie a right of handling matters judicially or power and jurisdiction as cognisance of Plea We meet with a very observable passage and which will give us great light in this buisines it is to be seen in a diary MS. of the Parliament held 1. Hen. 4. Et le lundy ensuivant S. lendemayn des almes les communes priont qu'eux ne soyiant pas entrez en les rolles de Parlement come parties as juggementez quex sount donez acest Parlement mes la ou ils sount in rei veritate partie et prive a cella quar lez juggementz appartient solement au Roy fosque la ou ascun juggement est renduz sur vn estatute feat par le comune prositz de Royalme Le quel fuist grante In English thus And the munday following scil the morrow after all Soules-day the Commons prayed that they might not be entred upon the Roles of the Parliament as parties to any judgements given this Parliament save only where in rei veritate they are part and privy thereto For that the judgements appertaine only to the King except where any judgement is given vpon a Statute made for the common profit of the Kingdome The which was granted How this shall derogate from Parliaments either in point of consent or counsell I doe not know for at last they did give both and the King would not be satisfied without them and the passage evinces no more but this that that King was very wise and warlike and had a very wise Counsell of Warr so that in those particulars the Commons thought them most fit to be consulted as perhaps the more knowing men The conclusion which more naturally followes is this when the King requires and will not otherwise be satisfied they may advise in matters not properly of their cognisance The conclusion by which he thinkes he hath gained so much may without any inconvenience be assented to These words ad tract andum or dinandum saciendum doe fully prove that the people in those dayes were sâ—mmoned ad consensum as well as ad consilium Be it so in those things which belong to their cognisance The formes which are used in passing a bill confesse so much les Communes ont assentés and les Seignevrs out assenás I have not yee done with his rule Quod omnes tangit ah omnibus approbari debet It is true the most popular state could never punctually observe it For some of the poorer some of the younger sort and women generally by reason of their sex are excluded yet all those having lives to loose are concerned in the publique safety But with what equity can he then thinke a considerable party of this Kingdome can be denyed the benefit of that which he conceives a most reasonable law I meane the Clergy who certainly cannot deserve to forfeit the priviledge of common men because they are more immediately the servants of God His next endeavour is to shew that Parliaments have been much lessened and injuried of late by some passages in his Majesties answers But he can never make it appeare that any part of their truly ancient power is denyed to them The Kings words are what the extent of their Commission and Trust is nothing can better teach them then the writ whereby they
are met We called them and without that call they could not have come together to be our Counsellors not Commanders for however they frequently confound them the offices are severall The writ runs super dictis negotijs tractaturi vestrumque consilium impensuri so that the cleare meaning is their advise is not Law except the Royall assent establish it into an act 'T is alleadged he calls them Counsellors not in all things but in quibusdam arduis c. and the case of Wentworth is cited who being a member of the House of Commons was committed by Q. Eliz. but for proposing they might advise the Queen in a matter Shee thought they had nothing to doe to meddle with He answers a meere example though of Q. Elizabeth is no law It is true a bare example shewes only what was not what ought to be but when grounded on authority and no way excepted against by those who have alwayes been earnest defenders of their Priviledges it may be reckoned amongst sound Presidents what he adds that some of Her actions were retracted is a confirmation of this for this being out of the number it seems it was accompted legall Exceptio firmat regulam in non exceptis Yet neither did the King so quote this president as to build a right upon it He alleadges the King denyes the Assembly of the Lords and Commons when he withdrawes himselfe to be rightly named a Parliament or to have any power of any court and consequently to be any thing but a meere convention of so many private men This is falsly imposed on His Majesty His Answers and Messages speak the contrary which are directed to both Houses of Parliament Besides He hath passed some bills since his withdrawing All that He affirms is that the sole power of making or repealing lawes and altering any thing established is not in them but if He upon mature deliberation shal preferr the present government to the proposed change then their order is not to have the force of law and oblige the Kingdom The King is said to assert that because the law hath trusted him with a prerogative to discontinue Parliaments therefore if He do discontinue Parliaments to the danger or prejudice of the Kingdome this is no breach of that trust because in formality of law the people may not assemble in Parliament but by His writ This is grosse forgery if it appeare to him necessary or expedient for the Kingdom He acknowledges He is obliged by that trust reposed in him to issue out his writs And to this end He gratiously signed the bill for a trienniall Parliament which like Physick well timed may preserve the body of this state in health and strength by not sufferring ill humors to grow to any head Another assertion of the Kings he saies is if the Parliament make any transition in other matters then what he pleases to propose they are lyable to imprisonment at his pleasure All this he collects from the citation of Wentworths case The sence of his inference is this because they cannot justify the medling with things which belong not to their cognisance therefore they may be punisht if they medle with those that do We may observe an affected mistake in this author of which he makes frequent use and this animadversion though once laid down may often be applyed Whatsoever the Houses do he calls that the Act of the people Whereas the truth is they represent them only to some purposes and ends So that if they exceed their commission and vote things not belonging to their cognisance the People by no meanes is engaged in it as having no legall way of expressing themselves in such cases His Majesty clearly to prove that the trust committed to both Houses cannot bind Him to assent to what ever they propose seem it of never so dangerous consequence to the Kingdom nor absolve Him in point of conscience if His reason tell Him His people will extreamly suffer vnder the grant argues thus It is impossible that the same trust should be irrevocably committed to Us and Our heires for ever and the same trust and a power above that trust for such is the power they pretend be committed to others did not the people that sent them look upon them as a body but temporary and dissoluble at Our pleasure and can it be beleived that they intended them for Our Guardians and comptrollers in the managing of that trust which God and the law hath granted to Us and Our posterity for ever Strange it is that affection should so blinde the understanding and worke mens beliefe not according to reason but desire I must needs think the let lies only in his will else he could never satisfy himselfe with such weak answers It is true faith he two supreames cannot be in the same sence and respect If he had not hoped to hide himselfe in generalls he would have descended to particulars and told us in what sence what respect and what matters the King was supream in what the two Houses But an application would have discovered the truth even to weak understandings Nothing is more knowne or assented to then this that the King is singulis major and yet universis minor I have already evidenced the contrary yet I will speak something to it here By universis he must mean the representative all which therefore he concludes to be above and have greater power then the King that is such a power as He is bound to obey So it seems the King hath taken the oath of allegiance as well as we and we may call Him our fellow subject Yet the oath of Supremacy he tells us is no waies endangered The sense of his reason is because he is a better man then any one of us take us single He tels us He is better then any one He does not tell us He is better then two if the Kings supreamacy be no more but this it is no more then possibly He might have and probably had before He was King It is not the Prince singulis major nay may not any Lord in the Land challenge the same supreamacy over all the Knights any Knight over all esquiers to be singulis major though universis minor But perhaps some othes limitation may be found out the meaning shortly shall be that he is above the Pope in these his dominions not but that He is under His subjects to take of these and all other corrupt glosses I shall refer him to cap. 12. vices 4o. Hen 8. In the preface of which statute the Kings supreamacy not over single persōs but the body Politique is clearly delivered The words are these Where by divers sundry old authentick histories chronicles it is manifestly declared expressed that this Realm of England is an Empire and so hath been accepted in the world governed by one Supream head and King having the dignity and Royall estate of the Imperiall Crown of the same unto whom a Body
Politique compact of all sorts and degrees of people divided in tearmes and by names of spiritualty and temporalty been bounden and owen to beare next to God a naturall and humble obedience If there were no King at all in England you would call this government an Aristocracy and why I beseech you do you not confesse that name now seeing the thing is altogether the same for if they give his voice t is all one as if he had no voice if their power must over-rule his t is all one as if he were devested of all nay why is it thought fit to send to him and sollicite his consent when it is legally past in that the two houses have voted it why to all publique bills do they require this confirmation Le Roy Le voet is it only for the same reason that Bellarmine gives why the Pope being alone infallible calls generall councells ut res suavius transigatur suppose he should returne in answer that of SENECA Si vultis scire an velim efficite ut possim nolle Thus though he plead for a new government he is ashamed to own it by the right name For he tells us not without some indignation at the very thought of such an innovation This new Aristocraticall fabrique cannot seem to any impartiall man but as empty a shadow as airy a dream as ever mans fancy abused it selfe withall I dare say he cannot meet in all histories and records except of such Parliaments as have depos'd Kings which he confesseth no free one ever did with one example of this nature that the two Houses should pretend to a power which must of necessity over-rule the King Indeed a reasonable man cannot imagine any president possible because since the law hath given the King a power by dissolving the Parliament to take away that power as is pretended greater then his own if they had ever made claim to superiority over him he would quickly have put an end to that dispute Before this power be challenged it would befit to vote down that clause in a law made 2. Hen. â— cited by His Majesty that it is of the Kings regality to grant or deny such of their Petitions as pleaseth himselfe Yet notwithstanding this he must be UNIVERSIS MINOR for this wee see in all conditionate Princes such as the Prince of Orange c. I never knew he had Regall power before This instance abundantly manifests his designe though he is pleased to say he speakes nothing in favour of any alteration but is as zealously addicted to Monarchy as any man can without dotage To the most absolute Empire in the world this condition is most naturall and necessary that the safety of the people is to be valued above any right of his It is against common sense to suppose a King that is in his wits me thinkes all good people should take to heart those desperate conclusions which are built upon most unreasonable and most unworthy suppositions of a King that is mad or a child since never subjects had greater obligation to be thankfull to Allmighty God for giving them a Prince as eminently able as vertuous who will not provide for the safety of His people nay who will not part with some of His right rather then they should perish because in their destruction He looses all Yet this does not prove a King should part with His rights as often as they will pretend to be in danger If this were once admitted what wild plots would be invented what strange intelligence would be received from invisible spyes and as often as crafty men were ambitious or covetous so often the filly people were to be frighted Since all naturall power is in those which obey they which contract to obey to their owne ruine or having so contracted they which esteeme such a contract before their owne preservation are felonious to themselves and rebellious to nature He cannot mean any people contracting to their own certain ruine there never was government guilty of this madnes therefore He must understand a contract to a possible ruine for example an agreement patiently to submit themselves to the ordinary tryall of Law and to suffer if it should so fall out though under an undeserved sentence In this case he that does not make resistance and prefer his preservation to his contract is pronounced felo dese and a rebell to nature Unhappy thiefe who for felony is condemned to be hang'd and will be guilty of another felony in being hanged what way is left unto innocency He must kill as many as he can in His own defence so shall He escape or dye in the quarrell either way He hath done right to nature Let us put another case an innocent man by the ordinary course of justice is adjudged to dye upon the testimony of two bearing false witnes he was free from fault before now he is in some danger except he refuse to be punisht he becomes guilty no lesse then a selfe murderer I wonder what opinion this man hath of Martyrs who valew not their owne preservation can he think by submitting themselves to one fire they deserve to be cast into another nay what of Christ himselfe who certainly suffered most injuriously though he had strength enough to preserve himselfe and could have been assisted by an Army of Angells yet he was obedient to death I cannot imagine from what principle he should draw such a conclusion unlesse it be from this whence indeed most of his book will naturally flow that there is no such thing as justice but suprema lex the paramount law is profit and the faults of men consist in the not violation of contracts in the not breaking promises if they be for their disadvantage for it were a sinne against native liberty to make our selves the slaves of justice If we examine the ground of this doctrine most destructive of all commerce all government we shall discover it to be no other but this that the law of nature doth allow a man to defend himselfe and provide for his owne preservation But the observer takes no notice that it is in our power to part with this right yet doe nothing contrary to nature if reason tell us we shall thereby obtaine a more excellent good the benefit of peace and society nay that this restraining Our selves by compact of that naturall liberty to defend our selves will conduce more to that end for which it was given us our preservation and safety Because in probability we shall be in lesse danger living amongst men who have agreed to be governed by certaine lawes then if every one followed his owne inclination Where one suffers hereby wrongfully thousands enjoy the benefit of being protected from wrong And therefore though it should happen to me in particular to be condemned by the magistrate without cause I am bound to suffer patiently because having made such a bargain which might have been profitable I have no right
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
in the fidelity of others If it could have been averred as it could not for the contrary was true that this would have bred disturbance and have been the occasion of greater danger Truly then he shall get the better if he can impose upon our sense and make the Kingdom beleeve contrary to what they see and suffer under What hath been the cause of these unhappy distractions but as the taking the Kings Towne from him by force and the illegall alteration of the Militia upon pretence of apparent danger Though for a time they were afraid where no feare was quis illis sic timere permisit yet after they have had so long a time to recover their understandings and to consider with themselves if the danger were apparent it might in so many months be made evident and they might know whence to expect the blow I dare now appeale to the weakest part of men their distrusts and aske them if they can now believe there was any just ground for jealousies It is not improbable since they have raised a house without a foundation it may fall upon the heads of the master builders Where the people by publique authority will seek any inconvenience to themselves and the King is not so much interessed in it as themselves 't is more inconvenience and injustice to deny then to grant it More injustice to deny then grant therefore it seemes that injustice too Into what streights must a King be brought by the mindes of the people If they seek any inconvenience injustice to deny it O unheard of Maxims out of these new Politiques that a King should be bound by Law to destroy his people and kill them out of duty that he doth not preserve their rights except he doe them wrong This affabile odium hath often had but never deserved thanks Can a man imagine those people of whom Juvenall speaks Evertêre domos totas optantibus ipsis Dii faciles if they had understood their own prayers would have accused the Gods for denying them Charior est Regipopulus quà m sibi How great are His deserts towards His People that will not suffer them to be miserable though they intreat him though they provoke him to it and can content himselfe with the conscience of merit whilst his honour suffers under the envy of wrong doing Indeed this is the end of all government for the people finding they were not fit to govern themselves resolved to be ruled by those that were wiser and so committed their safety to the trust of others Now this were to reduce themselves to that first state which their sufferings made them weary of to place a Governour over them and to governe that Governour What blame is it then in Princes when they will pretend reluctance of conscience and reason No man justifies pretended conscience no man can condemne reall But what grounds can malice have to cast this aspersion of pretence of conscience and reason If we looke either on that unhappy misunderstanding of the people who would not be undeceaved by pretences his actions must appeare unto them as cleare as the day or on his owne necessities his owne extreame wants it cannot be For certainly he that hath granted so much in this Parliament and that in a short time as put all his Royall Ancestors Acts of grace together they fall much short of his would not have denyed any thing which was reasonable not any thing since his wants required supplyes from them but what should put him into farre worse condition then that of Poverty After a long and generall discourse of the originall of government the various formes and severall distempers whil'st policy was yet imperfect he returnes to the present matter The vertue of Representation hath been denyed to the Commons and a severance has been made betwixt the parties chosen and the parties choosing and so that great priviledge of all priviledges that unmoveable Basis of all honour and power whereby the House of Commons claimes the entire right of all the Gentry and commonalty of England has been attempted to be shaken and disturbed The sense of it is a trust is committed to them and they are to be guided according to conscience in the performance of it Let it be so but is not this cleerly the Kings case who is entrusted certainly as highly as they So that they will find the ready way to endanger their own rights is to entrench upon the Kings Yet there may be a mistake in the imputation of severance and denyall of representation to the Commons For put the case if a few men of a County present a Petition to the House against established lawes and the setled Discipline of the Church this is received and thanks returned if after another Petition modestly and discreetly expressing their desires and withall due respects to the House as to instance in that most excellent Petition of Kent be presented attested by men much more eminent then the former whether we respect number Gentry meanes or reputation and this in favour of present government which they have found happy by long experience and therefore have no reason to be so desirous of a change of which they are not able to judge so well without tryall this by no meanes is to be called a severance or denyall of representation though I confesse the Kingdome apt to mistake may easily be deceived and learn to miscall it because the Gentlemen were imprisoned who presented it Most of our late distempers and obstructions in Parliaments have proceeded from this that the people upon causelesse defamation and unproved accusations have been so prone to withdraw themselves from their representatives and yet there can be nothing under Heaven next to renouncing God which can be more perfidious and more pernitious in the people then this Here we may see the strength of passion above reason Certainly we never took the oath of Supremacy nor of Allegiance unto them Hence it will evidently follow that Treason against a Burgesse is higher then that against the King This he grants as unquestionable that the legislative power of this Kingdome is partly in the King and partly in the Kingdome so that neither the King can make a generall binding Ordinance or Law without the Parliament or the Parliament without the King This one truth if constantly stood to would have prevented our miseryes and if yet embraced might restore the Kingdome to happinesse But alas it is soon recalled as bolding only in ordinary cases but if the safety of the people be concerned if it may prove dangerous or inconvenient to them then an extraordinary course may justly be taken This is it which hath so miserably rent this Kingdome and caused these sad divisions First the people are made beleeve they are in danger and then a prevention of those dangers is promised This must needs be very gratefull to them so out of that naturall love they bear to themselves they favour that side
able to hinder His good people from enjoying the full benefits of His Royall Grace if such a consent appear to Him to doe it The following discourse keeps all in generalls which easily deceive weaker apprehensions and hath its strength from this ground that it cannot reasonably be supposed the great publique Councell of the Kingdome should not give the most faithfull advice Therefore Princes if they may not be led by their owne opinions rather then by the sacred and awfull Councells of whole Nations unreasonably complain they are denyed liberty of Conscience and ravisht out of their own understandings I appeal to any mans judgment whether any thing can be urged for the authority of a Lay-Councell that it ought to enforce a submission of judgment a performance of dutyes arising from trust agreeable thereto which may not with at least equall advantages be pressed for the same binding power in Councells Ecclesiasticall To instance in that of Trent if a Papist should as Campian doth bragg of that to him as the representative body of almost all the Western Church wherein was a concourse of so many choise able eminent Divines such as had addicted their whole times to the study of truth and therefore in all probability could not be deceived themselves such as had conversed so long with Heaven and Heavenly things they knew sufficiently how much it concerned them not to deceive others and conclude it therefore unlawfull for any to pretend conscience which is but private opinion against so publique and unanimous determination Notwithstanding these high probabilities and what will much more justify mens absolute obedience and captivating their reasons some plausible arguments for a divine assistance and immediate directions in all their decisions which the Houses will not pretend to yet it shall goe hard but he will find some answer as esily he might whereby to justifie his liberty of dissenting in some things which when he hath done he may with very little alteration apply to civill Councells and be satisfied Suppose it thus though amongst probable Arguments that drawn from authority of wise men carry with it greatest weight yet it must give place to a greater reason Now to every man belongs a judgment of discretion which must decide for what concernes his particular duty So in the Kings case the Votes which carry in them the authority of both Houses shall bear great sway and if it be in things extreamly dubious they may turn the scales of their side But if greater reason seem to contradict them his Majesty will not hoodwink His understanding and blindly follow whither they please to lead him He will walke by the greater Light For example his Majesty perceiving how much His people may suffer under arbitrary power is resolved never to make use of it thinks it lesse fitting any other should But it is told him now the use of it will be for their good by reason of apparent imminent dangers His Majesty understands the bottome of plausible pretences knows to how great mischiefes a way would be opened if it were sufficient upon such specious grounds to have a right to over-rule all known and certain Lawes Concerning the action at Hull he confesses to take possession of the Kings town and shut the gates against Him is Treason if circumstances doe not vary the nature of the act as in this Case he pretends they doe For the first thing to be lookt on is that the King was meerly denyed entrance for that time His generall right was not denyed If then a Subject take up Armes against his Soveraign in a temporary warr it must not come within the compasse of Treason and he may legally possesse himselfe of the King's forts and maintaine them against Him so He confesse he hath no right in them No defying language was given If a man take away my purse shall he be acquitted from felony because he did not give me ill language too No act of violence was used This he may say who hath pickt anothers pocket but it is no sufficient plea against the Law But he used no violence though the King for diverse houres together did stand within Musket shot c It is no argument of innocence that he had opportunity to be more highly guilty and abstained The King used tearmes of defiance and this makes the act meerly defensive or rather passive If this were true there was never any warr but defensive for those who by some great injustice offered provoke a Nation to right it self fight as well to maintain their lives as what they unlawfully possesse How this should administer to the King any ground to leavy guards at York many men wonder or that it should seem the same thing to the King as if He had been pursued to the gates of York Certainly it was a sufficient ground not only to raise a guard for His safety but an Army to punish that high indignity and right His Honour but out of tender care of His Peoples safety least they should chance to suffer upon mistakes He afforded him so long time of repentance that the Kingdome might first be satisfyed and then his justice If the Parliament have hereupon turned any of the Townes-men out of their Estates His Majesty did not charge the two Houses Sir Iohn Hotham kept Him out without any publike order from them But if it had been done de facto the same law would have justified this act as well as the other But since not only the Country about but the Inhabitants within the Town have suffered in their Estates and libertyes Or if claimed any interest in it to themselves So much the lesse reason to seize on it if he cannot so much as pretend title to it or have disseized the King utterly denying the right for the future If any Law can be produced to justifie taking away the Kings goods for a time the case will be cleered Or have made any other use of their possession but meerly to prevent civill warr There is not any way more likely to create a Civill warr then endeavours to prevent it by illegall courses And to disfurnish the King's seducers of Armes Ammunition therefore the most essentiall property of Treason intention must needs here be absent in this act The Law hath judged otherwise in the case of the Earle of Essex whose plea was he intended the removall of evill Counsellors If the Parliament the shutting the King out of Hull was not their act be not vertually the whole Kingdome it selfe The King excluded it is not If it be not the Supream judicature as well in matters of State as matters of Law Till new lawes are enacted the Subject cannot justify any act but what is warrantable by the old If it be not the great Councell of the Kingdome as well as of the King to whom it belongeth by the consent of all Nations to provide in all extraordinary cases â—e quid detriment capiat
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
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