the legallity anâ—… expedience of each circumstance which perhaps he 〈◊〉 not capable of perhaps reason of State will not peâ—… mit him to know it The House of Commons havâ—… a close Committee which shews their allowance oâ—… an implicit confidence in some cases yet are theâ—… but Proctors for the Commonalty whereas the Kinâ—… is a Possessor of Soveraignty But it is alleged thaâ—… of two evills the lesse is to be chosen it is better to disobeâ—… Man then God Rather of two evills neither is to bâ—… chosen but it is granted that when two evills arâ—… feared a Man should incline to the safer part Noâ—… if the Kings Command be certain and the other danger but doubtfull or disputable to disobey the certain command for feare of an uncertain or surmised evill is as Saint Austin saith of some Virgins who drowned themselves for feare of being defloured to fall into a certain crime for fear of an uncertain A third error in this distinction is to limit the Kings Authority to his Courts All Courts are not of the same Antiquity but some erected long after others as the Court of Requests Neither are all Justices of the same nature some were more eminent then others that were resident with the King as his Councell in points of Law these are now the Judges Others did justice abroad for the ease of the Subject as Iustices of Assise Iustices in Eire Iustices of Oier and Terminer Iustices of Peace The Barons of the Exchequer were anciently Peeres of the Realme and doe still continue their name but to exclude the King out of his Courts is worse a strange Paradox and against the grounds of our Laws The King alone and no other may and ought to doe justice if he alone were sufficient as he is bound by his Oath And again If our Lord the King be not sufficient himselfe to determine every cause that his labour may be the lighter by dividing the burden among more Persons he ought to choose of his own Kingdome wise Men and fearing God and of them to make Iustices These Justices have power by Deputation as Delegates to the King The Kings did use to sit personally in their Courts We reade of Henry the fourth and Henry the fift that they used every day for an houre after dinner to receive bills and and heare causes Edward the fourth sate ordinarily in the Kings Bench Richard the third one who knew well enough what belonged to his part did assume the Crown sitting in the same Court saying He would take the Honour there where the chiefest part of his duty did lye to minister the Laws And Henry the eight sate personally in Guild-Hall The Writs of Appearance did â—…un coram me vel Iusticiariis meis before me or my Justices Hence is the name of the Kings Bench and the teste of that Court is still teste meipso witnesse our selfe If the King be not learned in the Laws he may have learned Assistents as the Peeres have in Parliament A clear and rationall head is as requisite to the doing of Justice as the profound knowledge of Law It is a part of his Oath to doe to be kept in all his judgments Right Iustice in Mercy and Truth was this intended onely by Substitutes or by Substitutes not accountable to him for injustice we have sworne that he is supreme Governour in all causes over all Persons within his Dominions is it all one to be a Governour and to name Governours David exhorts be wise now therefore O yee Kings Moses requires that the King read in the booke of the Law all the dayes of his Life Quorsum perâ—…itio haec what needs all this expence of time if all must be done by Substitutes if he have no Authority out of his Courts nor in his Courts but by delegation When Moses by the advise of Iethro deputed subordinate Governours under him when Iehosophat placed Judges Citty by Citty throughout Iudah It was to ease themselves and the People not to disingage and exinanite themselves of Power It is requisite that His Majesty should be eased of lesser burthens that he may be conversant circa ardua Reipublicae about great affaires of State but so as not to divest his Person of his royall Authority in the least matters Where the King is there is the Court and where the Kings Authority is present in His Person or in his Delegates there is his Court of Justice The reason is plain then why the King may not controule his Courts because they are himselfe yet he may command a review and call his Justices to an account How the Observer will apply this to a Court where neither His Majesty is present in Person nor by his Delegates I doe not understand The fourth and last error is to tie the hands of the King absolutely to his Laws First in matters of Grace the King is above his Laws he may grant especiall Privileges by Charter to what Persons to what Corporations â—…e pleaseth of his abundant Grace and meere motion he may pardon all crimes committed against the Law of the Land and all penaltyes and irregularityes imposed by the same the perpetuall Custome of this Kingdome doth warrant it All wise men desire to live under such a Government where the Prince may with a good Conscience dispence with the rigour of the Laws As for those that are otherwise minded I wish them no other punishment then this that the paenall Laws may be executed on them strictly till they reforme their Judgements Secondly In the Acts of Regall Power and Justice His Majesty may goe besides or beyond the ordinary course of Law by his Prerogative New Laws for the most part especially when the King stands in need of Subsidies are an abatement of Royall Power The Soveraignty of a just Conquerer who comes in without pactions is absolute and bounded onely by the Laws of God of Nature and of Nations but after he hath confirmed old Laws and Customes or by his Charter granted new Liberties and Immunities to the collective Body of His Subjects or to any of them he hath so farr remitted of his own right and cannot in Conscience recede from it I say in Conscience for though humane Laws as they are humane cannot bind the Conscience of a Subject and therefore a fortiore not of a King who is the Law-giver yet by consequence and virtue of the Law of God which saith submit your selves to every ordinance of Man for the Lords sake and again Thou shalt love thy neighbour as thy selfe they doe bind or to speak more properly Gods Law doth bind the Conscience to the Observation of them This is that which Divines doe use to expresse thus That they have power to bind the Conscience in se sed non a se in themselves but not from themselves non ex authoritate Legislatoris sed ex aequitate Legis not from the authority of the Law-giver but from
the equity of the Law many who doe not grant that to violate the Law of Man is sinne universally yet in case of contempt or scandall doe admit that it is sinnefull So then the Laws and Customes of the Kingdome are Limits and bounds to His Majestyes Power but there are not precise Laws for each particular Occurrence And even the Laws themselves doe ofâ—…en leave a latitude and a preheminence to His Majesty not onely for circumstances â—…d forms of Justice but even in great and high Privileges These we call the Prerogative Royall as to â—…e the fountain of Nobility To coyne Money To â—…eate Magistrates To grant Protection to his Debâ—…rs against their Creditours To present to a Beneâ—…ce in the right of his Ward being the youngest Coâ—…arcener before the eldest Not to be sued upon an orâ—…inary writ but by Petition and very many others â—…hich are beyond the ordinary course of Common-Law being either branches of absolute power or Preâ—…ogatives left by the Laws themselves Thirdly in the câ—…se of evident necessity where the whoâ—…e Commonwealth lyeâ—… at stake for the safety of King and Kingdome His Majesty may go against partiâ—…ular Laws For howsoever fancyed pretended invisible dangers have thrust us into reall dangers and unseasonable Remedyes have produced our present Calamityes yet this is certaine that all humane Laws and particular proprietyes must veile and strike top-sayle to a true publick necessity This is confessed by the Observer himselfe every where in this Treatise that Salus Populi is the transcendent achme of all Politicks the Law Paramount that gives Law to all humane Laws and particular Laws cannot act contrary to the legislative intent to be a violation of some more soveraigne good introducible or some extreme and generall evill avoidable which otherwise might swallow up both Statutes and all other Sanctions This preservative Power the Observer ascribes to the people that is to say in his sense to the Parliament in case the King will not joyn with them Though we all know a Parliament is not ever ready nor can be sâ—… suddenly called as is requisite to meet with a suddeâ—… Mischief And he thinks it strange that thâ—… King should noâ—… allow to the Subject a right to rise iâ—… Arms for their oâ—…n necessary defence without his consent and that he should assume or challenge such a share iâ—… the Legislative â—…ewer to himselfe as that without hiâ—… concurrence the Lords and Commons should have no right to make temporaâ—…y orders for putting the Kingdoâ—… into a posture of Defence Strange Phrases and unheard of by English eares that the King should joyn with the People or assume a share in the legislative Power Our Laws give this honour to the King that he can joyn or be a sharer with no man Let not the Observer trouble himselfe about this division The King like Solomons true Mother challengeth the whole Child not a divisible share but the very Life of the Legislative Power The Commons present and pray The Lords advise and consent The King enacts It would be much for the credit of the Observers desperate cause if he were able but to shew one such president of an Ordinance made by Parliament without the Kings consent that was binding to the Kingdome in the nature of a Law It is a part of the Kings oath to protect the Laws to preserve Peace to His People this he cannot doe without the Power of the Kingdome which he challengeth not as a Partner but solely as his own by virtue of his Seigniory So the Parliament it selfe acknowledged It belongs to the King and his part it is through his royall seigniory straitly to desend sorce of armour and all other force against his peace at all times when it shall please him and to punish them which shall doe contrary according to the Laws â—…nd usages of the Realme and that the Prelates Earles â—…arons and Commonalty are bound to aide him as their â—…overaigne Lord at all seasons when need shall be Here is a Parliament for the King even in the point The Argument is not drawn as the Observator sets it own negatively from Authority or from a maimed â—…nd imperfect induction or from pâ—…rticular premisâ—…es to a generall conclusion every one of which is â—…ophisticall is thus Such or suâ—…h a Parliament did â—…ot or durst not doe this or that therefore no Parliaâ—…ents may doe it or thus Some Parliaments not comâ—…arable to the Worthies of this have omitted some good â—…t of supinesse or difficulty therefore all Parliaments â—…ust doe the same but it runns thus no parliaments did ever assume or pretend to any such Power some Parliaments have expressely disclaimed it and acâ—…nowledged that by the Law of the Land it is a â—…ewell or a Flower which belongs to the Crown Therefore it is His Majesties undoubted right and â—…ay not be invaded by any Parliament Yet further â—…t were well the Observer would expresse himselfe â—…hat he meanes by some more Soveraigne good introducible the necessity of avoiding ruâ—…ne and introducing greater good is not the same Dangers often â—…come like torrents suddainly but good may be inâ—…roduced at more leisure and ought not to be brought â—…in but in a lawfull manner we may not doe evill that good may come of it Take the Observers two instances When the Sea breakes in upon a County a bank may be made on any Mans ground without his consent but may they cut away another mans Land to make an Harbour more safe or commodious withâ—… the owners consent No. A Neighbours Hoâ—… may be pulled down to stop the fury of a Scath-fire bâ—… may they pull it down to get a better prospect 〈◊〉 gaine a more convenient high way No. We desâ—… to know what this Soveraigne good introduciâ—… meanes and are not willing to be brought intoâ—… Fooles Paradise with generall insinuations Let it aâ—… pear to be so Soveraigne and we will all become suâ—… ters for it but if it be to alter our Religion or our foâ—… of Government we hope that was not the end of thâ—… Militia Lastly when necessity dispenseth with paâ—…ticular Laws the danger must be evident to all tâ—… concurrence generall or as it were generall one oâ—… two opponents are no opponents but where thâ—… danger is neither to be seen not to be named so uâ—… certaine that it must be voted whether there be anâ—… danger or not or perhaps be created by one or twâ—… odde Votes this is no warrant for the practise oâ—… that Paramount Law of salus Populi By this which hath been said we may gather a reâ—… solution whether the King be under the Law anâ—… how farr I mean not the Law of God or Nature but his own Nationall Laws First by a voluntarâ—… submission of himselfe quod sub Lege esse debetâ—… evidenter apparet cum sit Dei Vicarius ad similituâ—… dinem Iesu Christi cujus vices gerit in terris buâ—… Christ was under
of such Laws as have not passed the Royall Assent the answer is easy that the best confirmation of Laws is the due execution of them Now from our English and Latin Formes our last step is to the French which was taken by Edward the second and Edward the third as it is said and runnes thus Sire grantes voâ—… a tenir garder lesleys lâ—…s custumes droiture les les qâ—… els la communante de vostre Royaume aur esâ—…u les deâ—… fenderer afforcerer al honnâ—…ur de dieu a vostre poâ—… First how it shall appear that this Oath was takeâ—… by Edward the second and Edward the third we are yeâ—… to seek A Bishops Pontificall and much more 〈◊〉 Heraulds notes taken cursorily at a Coronation doâ—… not seem to be sufficient Records nor convincing proofe in our Law And Bracton who lived abouâ—… the same times sets down the Oath otherwise Debâ—… Rex in Coronatione sua in nomine Iesu Christi prâ—…stito Sacramento haec tria promittere populo sibi Subdito primo se praecepturum pro viribus impenâ—…urum ut Pax Ecclesiae omni populo Christiano omni suo tempore observetur Secundo ut omnes rapacitateâ—… omnes iniquitates omnibus gradibus interdicat Tertio ut in omnibus judiciis aequitatem praecipiat misericordiam Here is neither have chosen nor shall choose Secondly though the French doe agree with the Latin much for Sense and substance yet it is not the same Forme Thirdly the King grants to defend the Laws and Customes but it is no Law till it hath received Royall Assent it iâ—… no Custome till it be confirmed by a lawfull prescription Fourthly that the word Elect is joyned immediately to Customes which seems not so proper if reddendo singula singulis it ought to be referred to Laws aâ—…d not to Custome Fiftly what the Norman French may differ from the Parisian or both of them then from what they are now or both then and now from our Law French I cannot determine But take it at the worst the words in question aur eslu make lesse for the Observer then 〈◊〉 it selfe and doâ—…â—…gnifie have chosen or in the most Grammâ—…ticall Peâ—…nticall construction that can be mâ—…de shall have 〈◊〉 whereas if it were shall choose it should be 〈◊〉 or 〈◊〉 If the Herauld did take his notes as â—…l as he translates his remembrances are but of small â—…oment Before all these Formes I reade of others 〈◊〉 late Authors for I have not opportunity to see â—…e originall Records as that of King Richard the â—…rst agreeing much with Bracton To oâ—…rve â—…eace â—…onour Reverence to Almighty God to his Church â—…nd to the Ministers of the same To administer Law â—…nd justice equally to all To abrogate evill Laws and â—…ustoms and to mâ—…intein good Here is indeed a refeâ—…ence to future Lawâ—… but no depâ—…ndence on other â—…ens judgements And to this King Iohns Oath â—…ame nearest of any Form yet mentioned though â—…ot exactly the same as differing in the first clause in â—…his To love and defend the Catholicke Church To summe up all thâ—…n in a word First here is no cerâ—…ain forme to be found Secondly for those Formes â—…hat are the Parliament Rolls referre us to the Biâ—…hops Register Thirdly few of those Formes have â—…e word elegerit or â—…hoose in them and those that â—…ave it haveit doubtfully either have chosen or shall choose Fourthly admitting the signification to be fuâ—…ure yet the Limitation which is expressed in the Oath of Richard the second juste rationabiliter justly â—…easonably must of necessity be understood in all otherwise the oath is unlawfull in it selfe to oblige the King to pâ—…rform unjust and unreasonable Propositions and binds not Whether it be expressed or understood it leaves to the King a latitude of Judgement 〈◊〉 examine what is just and reasonable and to follow thâ—… Dictate of his own understanding the practise of aâ—… Parliaments in all Ages confirmes this expositioâ—… Lastly admitting but not granting the word elegerâ—… to be future and admitting that the limitation oâ—… juste rationabiliâ—…er could be suspended yet it woulâ—… not bind the King to confirme all Laws that are tenâ—…dred but only exclâ—…sively to impose no other Laws oâ—… his Subjects but sâ—…ch as shall be presented approveâ—… in Parliament Iâ—… hath been questioned by some 〈◊〉 whom the Legislâ—…ive Power did rest by Law whether in the King â—…lone as some old Forms doe seeâ—… to insinuate Coâ—…ssimus Rex concedit Rex ordinaâ—… Rex statuit Dâ—…inus Rex de communi suo concilâ—… statuit Dominus â—…ex in Parliamento statuit or iâ—… the King and Pâ—…liament joyntly And what is thâ—… power of Parliaâ—…ents in Legislâ—…tion Receptivâ—… Consultive Apâ—…obative or Cooperative Anâ—… whether the maâ—…g of Laws by Parliament be aâ—… some have said 〈◊〉 mercyfull Policy to prevent coâ—…plaints not alterâ—…le without great perill or as 〈◊〉 seemes rather aâ—… absolute requisite in Law and 〈◊〉 matter of necessity there being sundry Acts inferâ—… our to Law-makâ—…g which our Lawyers declare iâ—…valid unlesse theâ—… be done by King and Parliamenâ—… Yet howsoever it be abundans Cautela non nocet foâ—… greater Caution it yeelds more satisfaction to thâ—… People to give sâ—…ch an Oath that if the King haâ—… no such power he would â—…ot usurpe it if he had sucâ—… a Power yet he would not assume it And this 〈◊〉 clearly the sense of that oath of Edward the sixâ—… That he would make no new Laws but by the consent of His People as had been accustomed And this may be the meaning of the clause in the Statute Sith the Law of the Realme is such that upon the Mischiefes and Dammages which happen to this Realme He is bound by his Oath with the accord of His People in His Parliament thereof to make Remedy and Law Though it is very true that this being admitted as then it was to be a Law in Act the King is bound by another clause in his Oath and even by this word elegerit in the perfect tense hath chosen as well or rather more then if it were in the future shall choose And so it follows in that Statute plainly that there was a Statute Law a Remedy then in force not repealed which the King was bound by his Oath to cause to â—…e kept though by sufferance and negligence it hath been sincâ—… attempted to the contrary So the Obligation there intended is to the execution of an old Law not the making of a new Richard the second confesseth that he was bound by his oath to passe a new grant to the Justices of Peace But first it appears not that this was a new Bill Secondly if it did yet Richard the second was then but fourteen yeares old And thirdly if his age had been more mature yet if the thing was just and beneficiall to the People without prejudice to the rights of his Crown and if his own reason did
dictate so to him he might truely say that he was bound to doe it both by His Oath and his Office Yet his Grand-Father Edward the third revoked a Statute because it waâ—… prejudiciall to the rights of his Crown and was made without his free consent Observer That which results from hence is if our Kings receive all Royalty from the People and for the behoofe of the People and that by a speciall trust of safety and Liberty expresly by the people limited and by their own grants and Oaths ratified then â—…ur Kings cannot bâ—… said to have so inconditionate and high a propriety in all our Lifes Libertyes and Possessions or in any thing else to the Crown apperteining as we have in their dignity or in our selves and indeed if they had they were â—…ot born for the People but meerely for themselveâ—… neither were it lawfull or naturall for them to expose their Lifes and Fortunes for their Country as they have been bound hitherto to doe according to that of our Saviour Bonus Pastor ponit vitam pro oâ—…ibus Answer Ex his praemissis necessario sequitur collusio All your main Pillars are broken reeds and your Building must needs fall For our Kings doe not receive all Royalty from the People nor onely for the behoofe of the People but partly for the People partly for themselves and theirs and principally for Gods glory Those conditionate reservations and limitationâ—… which you fancy are but your own drowsy dreames neither doth His Majesties Charter nor can His Oath extend to any such fictitious privilege as you devise The propriety which His Majesty hath in our Lifes Libertyes and Estates is of publicke Dominion not of private Possession His interest in things apperteining to the Crown is both of Dominion and Possâ—…ssion the right which we have in him is not a right of Dominion over him but a right of Protection from him and under him and this very right of Protection which he owes to us and we may expect from him shews clearely that he is born in 〈◊〉 for his People and is a sufficient ground for him to expose his Life and Fortunes to the extremest perills for his Country The Authours inference that it is not lawfull or naturall according to these grounds is a silly and ridiculous collection not unlike unto his similitude from the Shepheard whom all men know to have an absolute and inconditionate Dominion over his Sheep yet is he bound to expose his Life for them Observer But now of Parliaments Parliaments have the same efficient cause as Monarchies if not higher For in truth the whole Kingdome is not so properly the Authour as the essence it selfe of Parliaments and by the former Rule it is magis tale because we see ipsum quid quod efficit tale And it is I think beyond all Controversy that God and the Law operate as the same causes both in Kings and Parliaments for God favours both and the Law establishes both and the act of Men still concurres in the sustentation of both And not to stay longer on this Parliaments have also the same finall â—…use as Monarchyes if not greater for indeed publicke Safety and Liberty could not be so effectually provided for by Monarchs till Parliaments were constituted for supplying of all defects in that Government Answer The Observer having shewed his teeth to Monarchs now he comes to fawn upon Parliaments the Italians have a proverbe He that speakes me fairer then he useth to doe either hath deceived me or he would deceive me Queen Elizabeth is now a Saint with our Schismaticall Mar-Prelates but when she was alive those rayling Rabshekehs did match her with Ahab and Ieroboam now their tongues are silver Trumpets to sound out the praises of Parliaments it is not long since they reviled them as fast calling them Courts without Conscience or Equity God blesse Parliaments and grant they may doe nothing unworthy of themselves or of their name which was Senatus Sapientum The commendation of bad men was the just ground of a wise mans fear But let us examine the parculars Parliaments you say have the same efficient cause as Monarchyes if not higher it seemes you are not resolved whether Higher How should that be unlesse you have devised some Hierarchy of Angells in Heaven to overtoppe God as you have found out a Court Paramount over his Vicegerent in Earth But you build upon your old sandy Foundation that all Kings derive their power from the People I must once more tell you the Monarchy of this Kingdome is not from the People as the efficient but from the King of Kings The onely Argument which I have seen pressed with any shew of probability which yet the Observer hath not met with is this That upon deficiency of the Royall Line the Dominion escheats to the People as the Lord Paramount A meere mistake they might even as well say that because the Wife upon the death of her Husband is loosed from her former obligation and is free either to continue a Widdow or to elect a new Husband that therefore her Husband in his Life time did derive his Dominion from Her and that by his Death Dominion did escheat to Her as to the Lady Paramount yet if all this were admitted it proves but a respective Equallity Yes you adde that the Parliament is the very essence of the Kingdome that is to say the cause of the King and therefore by your Lesbian Rule of quod efficit tale it is in it selfe more worthy and more powerfull Though the Rule be nothing to the purpose yet I will admit it and joyne issue with the Observer whether the King or the Parliament be the cause of the other let that be more worthy That the King is the cause of the Parliament is as evident as the Noon-day light He calls them He dissolves them they are His Councell by virtue of His writ they doe otherwise they cannot sit That the Parliament should be the cause of the King is as impossible as it is for Shem to be Noahs Father How many Kings in the World have never known Parliament neither the name nor the thing Thus the Observer In the infancy of the World most Nations did choose rather to submit themselves to the discretion of their Lords then to relye upon any Limits And litle after yet long it was ere the bounds and conditions of Supreme Lords were so wisely determined 〈◊〉 quietly conserved as now they are It is apparent then Kings were before Parliaments even in time Ouâ—… Freâ—…ch Authours doe affirme that their Kingdomâ—… was governed for many Ages by Kings without Parliaments happily and prosperously Phillip the fairâ—… was the first Erecter of their Parliaments of Paris and Mountpelliers As for ours in England will you heaâ—… Master Stow our Annalist thus he in the sixteenth of Henry the first in the name of our Historiographers not as his own private opinion This doe theâ—… Historiographers
note to be the first Parliament iâ—… England and that the Kings before that time were never wont to call any of their Commons or People 〈◊〉 Councell or Law making It may be the first held by the Norman Kings or the first held after the Norman manner or the first where the people appeared by Proctors yet we find the name of Parliament before this either so called then indeed or by a Pâ—…olepsis as Lavinia Littora And not to contend abouâ—… the name this is certain that long before in the dayes of the Saxon Kings there was the Assembly of Wise Men or Mickle Synod having an Analogy with our Parliaments but differing from them in many things So doth that Parliament in Henry the first his time differ from ours now Then the Bishops had their votes in the House of Lords now they have none Then Proctors of the Clergy had their Suffrages in the House of Commons now they are excluded Then there were many more Barons then there are now Burgesses every Lord of a Mannour â—…ho had a Court Baron was a Parliament man natus â—…y right Then they came on generall summons afâ—…er upon speciall Writ But both the one and the â—…ther were posteriour to Kings both in the order â—…f nature and of time How should it be otherwise â—…he end of Parliaments is to temper the violence of â—…overaigne Power the Remedy must needs be later then â—…e Disease much more then the right Temper â—…egenerate Monarchy becomes Tyranny and the cure â—…f Tyranny is the mixture of Governments Parliments are proper adjuments to Kings Parliaments â—…ere constituted to supply the defects in that Governâ—…ent saith the Observer himselfe here you may apply your Rule to purpose that the end is more â—…xcellent then the meanes I deny therefore that the â—…ingdome is the essence of Parliaments there is a â—…hreefold Body of the State the essentiall Body â—…he representative Body and the virtuall Body the â—…ssentiall Body is the diffused company of the whole Nobility Gentry Commonalty throughout the Kingâ—…ome the representative Body are the Lords Citâ—…yzens and Burgesses in Parliament assembled and inâ—…rusted the Virtuall Body is His Majesty in whom â—…ests the life of Authority and power legislative exeâ—…utive virtually yet so as in the excercise of some â—…rts of it there are necessary requisites the consent and concurrence of the representative Body From this mistaken ground the Observer draws fundry erroneous conclusions Posito uno absurdo sequuntur â—…mille Hence proceeds his Complaint That severance hath been made betwixt the Parties chosen and the Parties choosing and so that that great privilege of all privileges that unmoveable Basis of all Honour and power whereby the House of Commons claimes the intire right of all the Gentry and Commonalty of England hath been attempted to be shaken A power of representation we grant respective to some ends as to consent to new laws to grant Subsidies to impeach Offenders to find out and present grievances and whatsoever else is warranted by lawfull Customes but an intire right to all intents and purposes against Law and lawfull Custome we deny An intire right what to out Wifes and Children to our Lands and Possessions this is not tollerable Hence also he tells Magistrally enough of an arbitrary Power in the Parliament That there is an arbitrary Power in every State somewhere it is true â—…is necessary and no inconvenience followes upon it every man hath an arbitrary power over him selfe so every State hath an arbitrary power over it selfe and there is no Danger in it for the same reason if the State intrust this to one Man or few there may be danger but the Parliament is neither one nor few it is indeed the State it selfe Now the Maske is off you have spunne a fair threed is this the end of all your goodly pretences if this be your new Learning God deliver all true English men from it Wee chose you to be our Proctors not to be our Lords We challenge the Laws of England as our Birthright and Inheritance and dislike Arbitrary Government much in one but twenty times worse in more There is no Tyranny like many-headed Tyranny when was â—…ver so much Blood shed and Rapine under one Tyrant as under three in the Triumvirate And the more they are still of necessity there will be more â—…ngagements of Love and Hatred and Covetousnesse and Ambition the more packing and conniving one with another the more Danger of Factious and Seditious tumults as if the evills of one Forme of Government were not sufficient except we were overwhelmed with the deluge of them all and he that is most popular who is most commonly the worst will give Laws to the rest Therefore it hath ever been accounted safer to live under one Tyrant then many The Lust Covetousnesse Ambition Cruelty of one may be sooner satisfied then of many and especially when the power is but temporary and not hereditary nor of continuance We see Farmers which have a long terme will husband their grounds well but they that are but Tenents at will plough out the very heart of it No Sir I thanke you we will none of your Arbitrary Government And supposing but no way granting that the Parliament were the essentiall Body of this Kingdome or which is all one were indowed with all the power and Privileges thereof to all intents and purposes yet it had no Arbitrary Power over it selfe in such things as are contrary to the Allegiance which it owes to His Majesty and contrary to its Obligation to the received Laws and Customs of this Land Hence be ascribes to Parliaments a power to call Kings to an account heare himselfe That Princes may not be now beyond all Limits and Lawes by any private Persons the whole community in its underived Majesty shall convene to doe iustice Here we have it expresly that the Parliament is the whole Communâ—…ty that it hath a Majesty that this Majâ—…sty 〈◊〉 underived that it hath power â—…o â—…ry Princâ—…s â—…e 〈◊〉 doe justice upon them Hitâ—…erto we have misunderstood Saint Peter Submit your selfes to every Ordinance of Man for the Lorâ—… sake whether it be to tâ—… King as Supreme It seems the Parliamentâ—… whicâ—… passed the Oaths of Supremacy and Allegiance did noâ—… understand their own right till 〈◊〉 third Cato droppâ—…d from Heaven to inform them And above all oâ—… Non-Conformist Ministers in their solâ—…e Protestation are deepâ—…st in this guilt wâ—…o affirme so confidently that for the King â—…ot to assume 〈◊〉 or for the Church to deny it were 〈◊〉 〈◊〉 Yea though the Statutes of the Kingdome should deâ—… it unto Him What maâ—… his fellow Subjectâ—… expeâ—… from the Oâ—…server who is â—…o sawcy with his Soveraigne But before I leave thiâ—… poiâ—…t I desire to be informed 〈◊〉 this new Doctrin agrees with that undeniable principle of our Law The King can do 〈◊〉 wrong The Observer glosseth it thus That He can doe no wrong de
jure but de facto he may which is the drowsiâ—…st dreaming devise that â—…ver dropped from any Manâ—… pen in his right Witts Iudas or the Devill himselfe can doe no wrong de jure unlesse both 〈◊〉 of a contradiction can be true A fair Privilege to give a Prince which a high way Thiefe may challenge It may with more probabillity be expounded thus That the King is to discharge the publick Affâ—…ires of the Kingdome not by himselfe but by His Officerâ—… and Ministers therefore if any thing be amisse or unjust they are faulty they are accouncountable for it not He. But there seems to be something more in this principle then thus For first 〈◊〉 the same reason a man might say the King can doe no right if he can doe nothing by himselfe he â—…s not capable of such thanks as Tertullâ—… gave to â—…elix Secondly it would be very strange that a King should be excluded from the personall discharge of all manner of dutyes belonging to his high calling â—…nd might occasion the renewing of the Womans complaint against Philip of Mâ—…edon why then art â—…hou King this were to make His Majesty anoâ—…er Childerick one of the old Ciphers or titulary Kings of France and put all the power into the hands of a Major of the Pallace or a Marshall or some other Subjects What is it then there â—…ust be something more in this old Maxime of â—…ur Law that The King can doe no wrong And it â—…s thiâ—… doubtlesse that in the intendment of Law his Person is sacred he is freed from all defects as though he be a Minoâ—… or an Infant yet in the eye of â—…he Law he is alwayes of full age he owes account of his doings to God alone the Law hath no coercive power over him This is that which Samuel cals The Law of the Kingdom not to shew what a King may lawfully doe but what a Subject ought to bear from a lawfull King To the alone have I sinned said David he had trespassed against Uriah and Bathsheba yet he saith to thee onely have I sinned quia Râ—…x erat because he was a King and accountable to none but God as Clemens Alexandrinus Arnoâ—…ius Saint Ierome Saint Ambrose Venerable Bede Euthymius and sundry others do all affirme upon this one place and Gregory of Towers Si quis de nobis If anyone of us O King doe passe the bounds of justice you have power to correct him but if you exceed your limits who shall chastise you We may speake to you if you list not hearken who can condemne you but that great God who hath pronounced himselfe to be Righteousnesse And even Antoninus whom the Observer so much commends for a renowned and moderate Prince yet is positive in this Solus Deus Iudex Principis esse potest God alone can be Judge of a Soveraigne Prince In the Parliament at Lincolne under Edward the first the Lords and Commons unanimously affirme the same with a wonder that any Man should conceive otherwise That the King of England neither hath answered nor ought to answer for his Right before any Iudge Ecclesiasticall or Secular ex praeeminentia status sui by reason of the preheminence of His Regall Dignity and Custome at all times inviolably observed To try Princes and to doe justice Some man would desire to know how farre this Justice may be extended whether peradventure to depose them and dethrone them to exalt them depresse them Constituere destituere construere destruere fingere diffingere But for this they must expect an Answer from the Observer by the next post when he sees how the people will dance after his pipe and whether his misled Partners will goe along the whole journy or leave his Company in the mid way when he hath sufficient strength then it is time and not before to declare himselfe Till then he will be a good child and follow Saint Pauls advice in part Stoppage is no payment in our Law Suppose the Prince faileâ—…â—…n his duty are the Subjects therefore free from that â—…bligation which is imposed upon them by the Law of God and Nature When His Majesty objects â—…hat a deposition is threatned at least intimâ—…ted what doth the Observer answer he doth not disclaime the power but onely deny the fact Thus he saith It may truely be denied that ever free Parliament did truely consent to the dethroning of any King of England for that Act whereby Richard the second was dethroned was rather the Act of Henry the fourth and His victorious Army then of the whole Kingdome Marke these words that any free Parliament So it seemes that some Parliaments are not free And again did truely consent there may be much in that word also First whether they who are overawed with power of unruly Mermidons may be said to consent truely and ex animo Secondly whether they who consent meerely for hope of impunity to escape questioning for their former oppressions and extortions may be said to consent truely Thirdly whether they who consent out of hope to divide the spoyle may be said to consent truely Fourthly whereas by the Law of Nations the rights and voices of Absentees do devolve to those that are present if they be driven away by a just and probable fear whether they may be said to consent truely Lastly they that follow the Collier in his Creed by an an implicit Faith without discussion resolving themselves into the Authority of a Committee or some noted Members may they be said to consent truely That which followes of Henry the fourth and his victorious Army shews the Observer to be as great an Heritick in â—…olicy as Machiavell himselfe he 〈◊〉 better have said the Usurper and his rebellious Aâ—…my For a Subject â—…o raise Aâ—… against his Soveraigne to dethrone him as Bullenbrooke did and bâ—… violence to snatch the Crown to him selfe in prejuâ—… of the right Heireâ—… is Treason confessed by all men His acquisition is meere usurpation for any Persoâ—… or Society of Men to joyn with him or to confirmâ—… him is to be partakers of his sin But Gods judgemenâ—… pursue such disloyall Subjects and their posterity as it did them The greatest Contrivers and Actors in that Rebellion for a just Reward of their Treason did first feele the edge of Henryes victorious Sword and after them Henries Posterity and the whole English Nation smâ—…rted for Richards blood It is oâ—…served that all the Conspirators against Iulius Caesar perished within three yeares some by judgement of Law others by Ship-wracke upon the Sea others by battail under the sword of their conquering Enemyes others with the fame boâ—…k in wherewith they had stabbed their Emperour one way or other vengeance o ertooke them every Man What others say of Richards resignation is as weake which was done by duresse and imprisonment or at the best for fear of imminent Mischief To conclude this Section God and the Law operate both in Kings and Parliaments but
not in both alike God is the immediate cause of Kings the remote of Parliaments Kings and Parliaments have the same ultimate and Architectonicall end that is the tranquillity of the whole Body Politicke but not the same proper and next ends which in the Parliament is to advise the King supply the King and 〈◊〉 the constituâ—…ion of new Laws to concurre with the â—…ng I grant to speâ—…ke in his Majestyes own words â—…s more full then the Observers That Parliaments are so essentiall a part of the constitution of this Kingdome that we can aâ—…ein â—…o happinesse without them But to conclude from hence their Supâ—…riority above Kings or equality with Kings is to subject the principall efficient to every secundâ—…ry cause subordinate iâ—…strumentall or sine quaâ—…on Observer Two things are aimed at in Parliaments not to be atâ—…eined to by otâ—…er meanes First that the interest of the People might be satisfied Secondly that Kings might â—…e better counsailed In the summons of Edward the first claus 7. 111. 3. dors we see the first end of Parliaments expressed for he inserts in the writ that whatsoever affaire is of publick concernment ought to receive â—…ublicke approbation quod omnes tang 〈◊〉 ab omnibus approbaâ—…i debet or tractâ—…ri And in the same writ he sith this is Lex notissima provida circumspectione stabilita there is not a word here but it is observable publicke approbation consent or treaty is necessary in all publicke expedients and this is not a meere usage in England but a Law and this Law is not subject to any doubt or dispâ—…e there is nothing more known neither is this known Law extorted from Kings by the violeâ—…ce and injustice of the people it is duely and formally establish't and that 〈◊〉 a great deal of â—…eason not withâ—…t the providence and circumspection of all the States Were there no further Antiquity then the Raigne dâ—… Edward the first to recommend this to us certainly sâ—… there ought to be no reverence with-held from it foâ—… this Prince was Wise Fortunate just and valiant bâ—…yond all his Predecessors if not Successors also and therefore it is more glory to our Freedomes that as weake and peevish Princes have most opposed them so that he first repaired the breaches which the conquest had made upon them And yet it is very probable that this Laâ—… was farr ancienter then his Raigne and the words Leâ—… stabilita notissima seemes to intimate that the Conquest it selfe had never wholly buried this in the publicke ruine and confusion of the State It should seem at this time Llewellins troubles in Wales were not quite suppressed and the French King was upon a designe 〈◊〉 invade some pieces of ours in France and therâ—…fore he sends out his summons ad trâ—…ctandum ordinandum faciendum cum prelatis 〈◊〉 aliis incolis Regni for the prevention of these dangers Thesâ—… words tractandum ordinandum faciendum doe fully prove that the people in those dayes were summoned ad consensum as well as consilium and this Law quod omnes tangit c. shews the reason and ground upon which that consent and approbation is founded Answer The Observer is just like a winter Brooke which swells with water when there is no need but in summer when it should be usefull is dried up for all the absurd Paradoxes which he brings in this treatise he produceth not one Authority but his own and here to confirme a known truth which no man deâ—…es he cites Rolls and adornes them with his glosses â—…r my part I know no man that did ever enâ—…y or â—…aligne the honour of Edward the first except Ioâ—…nnes Major who was angry with him for his Norâ—…ren Expedition Edvardus Longshankes câ—…m longâ—…s â—…biis suis venit in Scotiam But what is this to your â—…rpose yes it makes for the glory of our Freedomes â—…at as weake and peevish Princes opposed them so he reâ—…ired the breaches of them How doe you know that 〈◊〉 this summons also I see you are dextrous and â—…n soone make an ell of an inch but in truth you are â—…ry unfortunate in your instances Edward the first â—…as a much greater Improver of the Royalty then â—…y of his Predecessours in which respect he is stiled â—…y our Chroniclers the first Conquerer after the Conâ—…erer That which was urged to his Fathers was â—…ever that I read of tendred to him for the Parliaâ—…ent to have the nomination of the chiefe Justice â—…hancellour and Treasurer but onely once in his â—…hole time and then being rejected with a frown â—…as never moved more It is more probable or rather â—…pparent that the Lenity irresolution and mutable â—…isposition of Princes have been that which hath imâ—…oldened Subjects to make insolent and presumptuâ—…us demands to their Soveraignes Thus for the Man you are as ample for the Law â—…hat it is Lex notissima not only notissima but stabilita lastly stabilita provida circumspectione A trimme gradation quid tanto dignum feret Observator hiatu who reads this and believes not that some great mountain is travelling yet in very deed it is with nothing but a ridiculous mouse postquam incruduit pâ—… na after the fray grows hot dishes and trenchers aâ—… turned to weapons said Erasmus Let your Laâ—… speake itselfe That which conâ—…erns all Men ought to 〈◊〉 approved or handled by all Men. Who denyes it 〈◊〉 shall easily grant you that this Law is not onely aâ—… cienter then the first Edward but even as ancient 〈◊〉 the first Adam a part of the Law of Nature 〈◊〉 least in the grounds of it But that you may not sâ—… away in a mist of Generalities as it is your use oâ—… word of your tangit another of your approbari debeâ—… That which concerns all Men Sir all Men may be saiâ—… to be concerned two wayes either in the consequenâ—… of affairs or in the management thereof This lattâ—… concernment gives a right sometimes to counsell only sometimes both to counsell and approve sometime both to counsell approve and act according to the private constitutions of Societyes but the former implyes no right neither ad approbandum nor yet ad tractandum As for example the meanest Freshmen arâ—… concerned in the Statures and Orders of the University yet are none admitted to debaâ—…e them but the Visiters Heads and at the lowest the Regent Masters And this exception holds in all cases wherâ—… either Inferiours or their Predecessours have legally divested themselves of this power by their proper act or where this trust is committed to Superiours by the Laws divine naturall or nationall Secondly the Counsell Consent or act of Proctors Atturnyes and generally of all Trustees whether one or more whether rightfully elected or imposed according to the latitude of their trust ought to be interpreted as the counsell consent act of thosâ—…â—…ersons by whom or over whom or for whom they â—…e so trusted and whose power virtually they doe reâ—…ine So as a
present and posteriour consent is not â—…cessary to His Majesty for the excercise of any â—…anch of that Imperiall power which by Law or â—…wfull custome is annexed to his Crown And â—…erefore Edward the first his Summons ad tractandum â—…dinandum faciendum which is the same in effect â—…ith all summons since will doe your cause no good 〈◊〉 the world unlesse you may have leave to doe as â—…e Devill did with Christ leave out in viis tuis 〈◊〉 you may put out in quibus dam and thrust in place â—…ereof in omnibus as you doe in the next page In â—…ll things perteining to the People Leave these friâ—…olous these false suggestions your own-Conscience â—…nnot but tell you that reddendo singula singulis in â—…omethings the Houses of Parliament have power â—…o consent in somethings to order in somethings to â—…ct but in all things they have neither power to act â—…or order nor consent and that will appear by your â—…ext Section Observer It is true we find in the Raigne of Edward the third that the Commons did desire that they might forbear counselling in things de queux ils nount pâ—…s cognizance the matters in debate were concerning some intestine commotions the guarding of the Marches of Scotland and the Seas and therein they renounce not their right of consent they onely excuse themselves in point of counsell referring it rather to the King and his Councell How this shall derogate from Parliaments either in poiâ—… of consent or counsell I doe not know for at last thâ—… they did give both and the King would not be satisfieâ—… without them And the passage evinces no more but this that the King was very wise warlike had a very wisâ—… Councell of Warre so that in those particulars the Commons thought them most fit to be consulted as perhaps the more knowing men Answer This is the first time that the Observer is pleased to honour his adverse Party with the mention of one Objection and that with so ill successe that he cannot unty the knot again with all his teeth I will put it into form for him thus That which the Parliament in the raigne of Edward the third had not that no succeeding Parliament hath but that Parliament had no universall cognizance Therefore the same Rule holds in this and all other Parliaments The Proposition is infallibly true grounded upon an undeniable Maxime that quod competit tali qua tali competit omni tali that which is true of one Parliament not by accident but essentially as it is a Parliament must of necessity be true of every Parliament The Assumtion is as evident confessed by the Parliament itselfe who best knew the extent of their own power that there was somethings of which ils nount pas cognizance they had no cognizance And if we will believe the Observer these things which did not belong to their cognizancâ—… were the appeasing some intestine or Civill Commotions and the guarding of the Seas and Marches why these are the very case now in question concerning the Militia And doth a Parliament here confesse that they have no cognizance of these yes what saith the Observer to this he saith they doe not renounce their right but onely excuse themselves in point of Counsell Most absurdly as if there were either consent or counsell without cognizance But he saith they did give both consent and counsell and the King could not be satisfied without them It may be so but there is a vast difference between giving counsell when the King licenseth yea and requireth it and intruding into Counsell without calling between an approbative consent such as the Saints give to God Almighty the onely Authoritative Judge of Heaven and Earth and an active consent without which the Kings hands should be so tied that he could do just nothing The former all good Kings doe desire so farre as the exigence of the service will give way to have their Counsells communicated But the latter makes a great King a Cipher and transformes an Emperour into a Christmasse Lord. You tell us that King had a very wise Councell of Warre and perhaps more knowing in these things then the Commons It were strange if they should not be so if the Commons who are Srangers to the affaires ingagements of State should understand them better then those who have served sundry Apprentiships in that way qui pauca considerat facile pronunciat he that knows not or regards not the circumstances gives sentence easily but for the most part is mistaken Ignorance of the true state of things begets Iealousies and Feâ—…es where there are no Dangers and confidence whâ—…e the Perill is nearest It makes a field of thistles 〈◊〉 Army of pikes and an Army of pikes a field of thiâ—…les Let old States-Men sitte at the Helme still aâ—… steere the Ship of the Common-wealth The Coâ—…ons are the best Councell in the World for redreâ—…ng of grievances for making of new Lawes for â—…inteining the publike interest of the Kingdome abâ—…d and private interest of the Subject at home â—…et this be their Worke and their Honour Observer Now upon a dâ—… comparing of these passages with some of the Kings laâ—…e papers let the World judge whether Parliaments have â—…ot been of late much lesned and injured The King in one of his late Answers alledgeâ—… that his Writs may teach the Lords and Commons the extent of their Commission and Trust which is to be Counsellours not Commanders and that not in all things but in quibusdam arduis and the case of Wentworth is cited who was by Qâ—…een Elizabeth committed sitting the Parliament for proposing that they might advise the Queen in some things which she thought beyond their cognizance although Wentworth wâ—…s then of the House of Commons And in other places the King denyes the Assembly of the Lords Commons to be rightly named a Parliament or to have any power of any Court and consequently to be any thing but a meer convention of private Men. Many things are here assâ—…rted utterly destructive to the Honour Right and being of Parliaments For first because the Law hath trusted the King with a Prerogative to discontinus Parliaments c. Answer Having laid these former groundâ—… the Observer proceeds to some exceptions against some passages in his Majestyes Papers that 's his phrase as if they were old Almanacks out of date fit for nothing but to cover Mustard pots metuentia carmina scombros aut thus His first exception is that His Majesty is trusted by the Law which the Observer calls now a formallity of Law with a Prerogative to discontinue Parliaments leaving no remedy to the People in such a case which he saith is destructive to the Honour Right â—…nd being of Parliaments and may yet be mischiâ—…vous in the future dissolution of them and make our Trienniall Parliaments of litle service if it be not exploded now What is this to the Observers grounds or His Majestyes Declaration
a Complete Parliament Complete to all intents and purposes and particularly in respect of the Legislative power In this latter sense onely His Majesty denyes it and in this sence the Observer dares not affirme it To dispute about the name is a meere Logomachy and from the name to inferre this height of Power is a trifling Homonomy But the Observer will either be Caesar or no body either all power oâ—… no power just like a little Child who if he wants some one thing he desires throwes away all he hath and falls a crying To his fear of his Majestieâ—… deserting his other Courts he may as well fear hiâ—… deserting of himselfe This may goe amongst thâ—… rest of his improbable possibilities which never were never will be deduced into Act. If he will admit no institution which is subject to any abuse he must seeke for presidents in the new World of the Moone Here he takes occasion to declaime against ouâ—… new Masters of Division whose Founder is Machiavell their rule divide impera their first erection was since the third of November 1640. Hiâ—… Majesty is the Principall of the College whose paperâ—… saith the Observer are freighted scarce with any thing else but such Doctrine of Division tending to the subversion of our Fundamentall Constitutions yet find such applause in the World His plea against them consists of a fourefold charge first they have divided between the King and the Parliament Secondly betwixt the Parliament and the Kingdom withdrawing themselves from their representatives Yet there is nothing under Heaven if we may trust him next to the renounâ—…ing of God can be more perfidious and more pernicious to the people then this Thirdly by dividing between the Parliament and a part of the Parliament And fowerthly in the Major part between a Faction misleading and a party misled Who reads this and would not take the Observer for another Calâ—… or Constantine for peacemaking whereas in truth all this is but a personated passage of Demetrius or one of his craftsmen rayling against the Towne Clarke of Ephesus as a Ringleader of Division and a Disturber of them in their service to Diana the Idoll of their own braines and an Hinderer of them in doing Gods owne Worke that is shedding the blood of the ungodly Apostles and is done with the very same grace that Athaliah cryed out Treason Treason Sic oculos sic illa manus sic ora ferebat He is ever snarling at His Majestyes Papers and and I doe not much blame him for where these Papers have had free passage they have sweyed down the scale of mens judgements with the weight of unanswerable reason that this Observer and all his Fellowes may compare their notes and put their hands and heads and shoulders and all together and never be able to lift it up again to an equilibrium If they could have purchased every paper of them at the same price that the Romanes gave for the Sybills Bookes it would have been well bestowed for their cause to have them suppressed I plead not for Masters of Division Gods abhomination the Devills Factors thâ—… baine of the Common-wealth Da unum habebâ—… populum tolle unum habebis turbam It was not Phillip but the dissentions of Athens Thebes Sparta that destroyed Greece It was not Scipio but the Factions of Hanniball and Haâ—…o that destroyed Carthage we have had too many such Masters of Division indeed Our Schismes in the Church proclaime it the question is not now of round or square or black or white or sitting or kneeling our burying and marrying our christening our communicating are all questioned our Churches our holy Orders our publick Liturgy the Lords Prayer the Creed our Scriptures the Godhead of Christ the doctrin of the Trinity all our Fundamentalls are questioned It is not twins but litters of Hereticks that struggle in the wombe of the Church Disciplinarias Independents Brownists Anabaptists Familists Socinians c. pudet haec opprobria nobis Et dici potuisse non potuisse refelli Our Sedition in the State proclaimes it whilest some are for the King some for the Parliament some for the Law some for Arbitrary Government some for a Monarchy some for Democracy The Superiority of the King or Parliament is questioned the Kings negative voice is questioneâ—… the right of the Militia is questioned the privileges our Parliament the liberty of the Subject eâ—…ry thing is questioned Thus to use the Observers words Those rock Foundations are razed upon which this State hath been so happily setled for so many ages now past The Pillars of Law and Policy and Religion are taken away and the State and Church set upon a new Basis each day produceth new opinions new presidents new questions and woe be to those Men who are not onely occasionally but intentionally the Authors of these Divisions They are guilty before God of all that blood which is powred out like water upon the face of the Earth of all that Spoyle which is committed better were it for them that a Millstone were hanged about their necks and they cast into the bottome of the Sea How deep the Observers share is herein I leave it to his own Conscience This is certaine a Man may keep his Possession by Force but he that shall goe about to thrust another out of his lawfull Possession is the true Authour of the tumult and whatsoever he suffers he can blame no man but himselfe Now to your foure Charges First who divided the King and Parliament There may be a quaere of others but it is beyond all question that those base tumults and disorders at Westminster and upon the Thames tending to the danger of His Majestyes Person but much more as they were unsufferable affronts to Sacred Majesty and all those who are accessary to them as Contrivers Fomenters or Connivers are the principall grounds of this cursed Division they that make two Supremes coordinate one with another make a division with a witnesse Next for your seperation between the Parliament and the Kingdome First your mouth runnes over extremely when you call it the most pernicious thing that can be next to the renouncing God we have stricter obligations to others then to our Proctors Secondly to regulate their trust according to their first intentions and former Presidents is not to withdraw â—…epresentation if it were who taught it them but those who first practised the same to their King But that you may clearly discern who are the Authours of this seperation heare a neare Friend of yours in his plain English or rather plaine Sedition thus he If ever the Parliament should agree to the making up of an unsafe unsatisfying Accomodation this will beget a new question whether in case the representative Body can not â—…r will not discharge their trust to the satisfaction not of fancy but of reason in the People they may resume if ever yet they parted with a power to their manifest undoing
discover I would every Englishman had it ingraven in his forehead how he stands affected to the Commonwealth We Beetles did see no signes of civill Warre but all of Peace and Tranquillity but the Observer and his Confederates being privy to their own plots to introduce by the sword a new form of Government both into State and Church might easily foresee that they should stand in need of all the strength both in Hull and Hell and Hallifax to second them whereof yet all true Englishmen do acquit the Parliament in their hearts desires though the Observer be still at his old ward shuffling Sir Iohn Hotham out and the Parliament in so changing the state of the question But what weight that consideration hath follows in his next and last Allegation Sir John Hotham is to be looked on as the Actor the Parliament as the Author in holding Hull And therefore it is much wondred at that the King seems more violent against the Actor then the Author but through the Actor the Author must needs be pierced c. And if the Parliament be not virtually the whole Kingdome it selfe If it be not the Supreme Iudicature as well in matters of State is matters of Law 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 extraordinary cases Ne quid detrimenti capiat Respublica Let the brand of Treason stick upon it Nay if the Parliament would have used this forcible means unlesse petitioning would not have prevailed or if the grounds of their Iealousie were meerly vain or if the Iealousie of a whole Kingdome can be counted vain Let the reward of Treason be their guierdon Hitherto the Observer like the wily Fox hath used all his sleights to frustrate the pursuit of the Hounds but seeing all his fetches prove in vain he now begins to act the Catte and flyes to his one great helpe to leape up into a Tree that is the Authority of Parliament ut lapsu graviore ruat that he may catch a greater fall By the way the Observer forgets how the King is pierced through the sides of Malignant Counsellers Three things are principally here considerâ—…ble First whether Sir Iohn Hotham had any such Command or Commission from the Parliament Secondly if he had whether he ought to have produced it Thirdly supposing he both had it and produced it whether it be valid against His Majesty or whether an illegall Command do justifie a Rebellious Act. To the first of these I take it for granted That a Commission or an Ordinance for Sir Iohn to be a meer Governour of Hull doth not extend to the Exclusion of His Majesty ouâ—… of Hull nor Warrant Sir John to shut the Gares against His Soveraign if it did every Governour might do the same and subordinate Command might trample upon Supreme Neither can a posteriour approbation warrant a precedent excesse for this is not to authorise but to pardon the sole power whereof is acknowledged to be in His Majesty without any sharers To the first question therefore the answer is Sir John Hotham had no such Warrant or Commission from the Parliament He himselfe confessed That he had no positive or particular Order How should he know of His Majesties comming by instinct or a Propheticall Spirit A negative can not ought not to be proved the proofe rests whollyon Sir Johns side and can be no other then by producing the Ordinance it selfe or his instrument whereby he can receive the sense of the House from Westminster to Hull in an instant If he have not a precedent Ordinance to shew it is in vain to pretend the Authority of Parliament To the second question Admitting but not granting that he had such an Ordinance whether could it be availeable to him being not produced when it was called for and demanded so often by His Majesty De non apparentibus non existentibus eadem est ratio Whether there was no such Ordinance or no such Ordinance did appeare is all one both in Law and reason He that can reade and will not make use of his Clergy suffers justly He that hath a Warrant and will not produce it may cry Nemo laeditur nisi a seipso No Man is hurt but by himselfe A known Officer so long as he keeps himselfe within the sphere of his own activity is a Warrant of himselfe But he that it imployed extraordinarily or transcends the bounds of Common Power must produce his Authority or take what falls Sir John hath not yet gained so much credit that his ipse dixit his word should be a sufficient proofe or his Testimony in his own case taken for an Oracle Thirdly admitting that Sir John had such an Ordinance and likewise that he did produce it for if we admit neither he can prove neither yet the question is how valid this Ordinance may be as to this act I doubt not at all of the Power of Parliament that is a compleat Parliament where the King and both Houses doe concurre but an ordinance without the King against the King alters the case this may have the Authority of both Houses perhaps but not of a complete Parliament Secondly the Power of both Houses is great especially of the Lords as they are the Kings Great Councell and in that relation are the Supreme Judicature of the Kingdome but before the Observer said it I never thought the Commons did challenge any share of this Judicature except over their own Members or preparatory to the Lords or that they had power to administer an Oath which the Apostle saith is the end of all strife who ever knew any Judicature without power to give an Oath This makes the Observers new devise of the people meeting in their underived Majesty to doe justice a transparent fiction It is not the Commons but the Lords or the Kings Councell that challenge Supreme Judicature But take both Houses with that latitude of Power which they have either joyntly or severally yet His Majesty saith they have no power over the Militia of the Kingdome or over his Forts or Magazines he avoucheth for it the Common Law Statute Law Presidents Prescriptions we have not yet heard them answered nor so much as one instance since the beginning of this Monarchy given for a president of such an Ordinance or of any new Ordinance binding to the Kingdom without his Majestyes concurrence in Person or by Commission If the Observer have any Law or President or Case he may do well to produce it if he have none he may sit down hold his peace his remote inconsequent consequences drawn from the Law of Nature are neither true nor pertinent Yet I never heard that Sir Iohn did allege any authority from the House of the Lords but from the House of Commons onely This brings the Parliament still into a straiter roome as if it were totum homogeneum every part to
hands of such Persons as they may confide in of the Romane Communion they had the same grounds and pretences that our Men have The Observer answers That this is improperly urged for England and Ireland are the same Dominion That there is as true and intimate an Union betwixt them as between England and Wales And though they doe not meet in one Parliament yet their Parliaments to some purposes are not to be held severall And therefore if the Papists in Ireland were Stronger and had more Votes yet they would want Authority to overrule any thing voted and established here in England The reason why the minor Part in all Suffrages subscribes to the Major is that blood may not be shed 〈◊〉 in probability the Major part will prevaile 〈◊〉 Strife and Bloodshed would be endlesse wherefore the Major part in Ireland ought to sit down and acquiesce because Ireland is not a severall Monarchy from England Nor is that a Major part of Ireland and England too for if it were it would give Law to us as we now give Law there and their Statutes would be of as much virtue here as ours are there c. Such Doctrin as this hath helped to bring poore Ireland to that miserable condition wherein now it is Will you heare with Patience what the Irish themselves say of this If any Ordinance may be imposed upon us without an approbative or so much as a receptive power in our selves where is our Liberty then Our Government is meerely Arbitrary our condition is slavish We had Magna Charta granted to us as well as England and since that time all other Liberties and Privileges of the English Subject Shall that which is ours be taken from us without our own Act or our owne Fault and we never heard either in our Persons or by our Proctors We desire the Observer to remember what he said before That which concerns all ought to be approved by all We have no Burgesses nor representatives there and that it is unnaturall for any Nation to contribute its own inherent puissance meerely to support Slavery Let the Definition be according to the Major Part of the Votes but shall the Minor Part be denyed a Liberty to discusse or vote at all As we deny not but the Kingdome of Ireland is united and incorporated to the Crown of England So we understand not by what right any power derived from the English Subject can extend it selfe over us That power which they have over us is relative as they are the Kings Councell wherein he confides or by virtue of his Delegation to his Judges representing his own Person Thus they For further Answer First this is a meere trifling and declining of the Force of His Majestyes Argument which lyes not in this whether Ireland be 〈◊〉 distinct Kingdome but supposing it to be a distinct Kingdome as without doubt it either is or might be whether that in such a case as is propounded by His Majesty it were lawfull for them to assume such a Power contrary to the Law of God and of Nations or if Ireland were as much bigger then England as France is it is no strange thing for a greater Kingdome to be conquered by a lesser whether in such a case they might give Law to us or their Statutes be of as great virtue here as ours are there meerely because it is so voted by the Major part of the representative Body An absurd incredible Assertion Secondly there is not the like reason of Ireland and Wales Wales is incircled with the same Sea a part of the same Island and originally in the Dayes of the Brittaines a branch of the same Kingdome Wales was incorporated to the Realme of England by Act of Parliament 27. Henrici 8. cap. 26 so was not Ireland Wales have their Peers and Burgesses sitting in the English Parliament so hath not Ireland Wales hath no distinct Parliaments of its own but Ireland hath Thirdly as the Irish readily grant that their Common Law is the same with ours so they will not easily believe that the English Statutes are all of force in Ireland What all even to an Act of Subsidies who ever heard that It is true there hath been a question moved among some Lawyers and those perhaps who were not the most concerned or versed in it of the English Statutes what Statutes and in what cases and how farre they are binding to the Irish Subject but I have not heard their opinion was so high as the Observers or that ever the Bell was rung out yet If all English Statutes be of force in Ireland what need was there for Henry the seventh to make an expresse Statute in Ireland to authorize and introduce all the English Statutes before his time to be of force in that Kingdome this Act had been supervacaneous and superfluous And since that time we see many Statutes of force in England that are of no force at all in Ireland and many both before and since that time of force in Ireland that have no power in England Lastly this Observer might be well one of Father Garnets Disciples when he was asked about the Powder-Treason whether it was lawfull to take away some Innocents with many Nocents he answered yes so it was compensated by a greater benefit or profit which may perhaps be true sometimes as in time of Warre accidentally in publique and necessary but not in private and voluntary Agents So the Observer makes profit and strength to be the onely rule and measure of all actions of State Justice and Piety are banished by an Ostracisme out of his Eutopia This is to inslave Reason and Crown bodily strength to silence Law and Justice and to Deifie Force and Power The Observer is every where girding at the Clergy it is well that his new superstition reversed will allow them that name Have they not great cause to thank him as the poor Persians did their King when they were condemned That he was pleased to remember them Sometimes he scoffes at the Tribe There were seditious Schismaticks of all Tribes Sometimes he derides their Pulpetting it may be he likes a Chaire better because they teach a Divine Prerogative which none understand but these ghostly Counsellers who alwaies expresse sufficient enmity and antipathy 〈◊〉 Publique Acts and Pacts of Men. He that accuseth another should first examine himselfe I doe not beleeve that ever there was any Divine in the World that made Kings such unlimited Creatures as this Observer doth the People I have read some discourses of this subject but I did never see any one so pernitious to a setled society of men or so destructive to all humane compacts as this seditious bundle of Observations which makes the Law of Salus Populi to be a dispensation from Heaven for the breach of all Oathes of Allegiance and all other Obligations whatsoever which measures Justice by the major part and makes strength and power the rule of what is lawfull which
THE SERPENT SALVE OR A REMEDIE For the Biting of an ASPE WHEREIN The Observators Grounds are discussed and plainly discovered to be unsound Seditious not warranted by the Laws of God of Nature or of Nations and most repugnant to the known Laws and customs of this Realm For the reducing of such of His Majesties well-meaning Subjects into the right Way who have been mis-led by that Ignis fatuus Printed in the year 1643. To the READER WHen that Signe or rather Mâ—…teor called Castor and Polinx appeares single to the Sea-faring Men it portends a dangerous Tempest because of the density or toughnesse of the matter which is not easily dissolved And when it appeares double divided into two it presageth Serenity and a good Voyage But it is otherwise in the Body Politick When the King and Parliament are united it promiseth Happy and Halcionian Dayes to the Subject and when they appeare divided it threatens Ruine and Dissipation to the whole Kingdome This is our present condition the Heads are drenched with the oyle of Discord and it runs down to the skirts of the Garment Of all Hereticks in Theology they were the worst who made two beginnings a God of Good and a God of Evill Of all Hereticks in Policy they are the most dangerous which make the Common-wealth an Amphisbena a Serpent with two heads who make two Supreames without subordination one to another the King and the Parliament That is to leave a Seminary of Discord to lay a Trappe for the Subject to set up a Rack for the Conscience when Superiours sends out contrary Commands as the Commission of Array and the Order for the Milita If they were subordinate one to another we had a safe way both to discharge our Conscience towards God and secure our Estates to the World that is by obeying the Higher Power according to that golden Rule in presentia Majoris cessat authoritas Minoris But whilest they make them coordinate one with another the Estate the Liberty the Life the Soule of every Subject lies at Stake what passage can poor Conscience find between this Scilla and Charybdis between the two hornes of this Dilemma No Man can serve two Masters All great and sudden Changes are dangerous to the Body Naturall but much more to the Body Politick Time and Custome beget Reverence and Admiration in the minds of all men frequent Alterations produce nothing but Contempt Break ice in one place it will crack in more Mountebankes Projectors and Innovators alwayes promise golden Mountains but their performance is seldome worth a cracked Groat The credulous Asse in the Fable believed that the Wolf his counterfeit Phisiitian would cure him of all his Infirmities and lost his skin for his labour When the Devill tempted our first Parents he assured them of a more happy Estate then they had in Paradise but what saith our common Proverbe seldome comes the better It is the Ordinance of God that nothing should be perfectly blessed in this World yet it is our weaknesse to impute all our sufferings to our present condition and to believe a change would free us from all Imcombrances So thought the Romanes when they changed their Consulls into Consulary Tribunes So thought the Florentines when they cashiered their Decem-Viri both found the disadvantage of their Novelties both were forced to shake hands again with their old Friends Other Nations have used to picture an English man with a paire of sheares in his hand thus deriding our newfanglednesse in attire But it is farr worse to be shaping new Creeds every Day and new forms of Government according to each mans private humour When a sick man tosseth from one side of his bed to another yet his Distemper followes him They say our Countryman never knowes when he is well but if God Almighty be graciously pleased once again to send us Peace I trust we shall know better how to value it In the mean time let us take heed of credulity and newfanglednesse Those States are most durable which are most constant to their own Rules The glory of Venice is perpetuated not so much by the strong Situation as by that Sanction or Constitution that it is not lawfull for any man to make mention of a new Law to the grand Counsell before it have been first discussed and allowed by a selected Company of their most intelligent most experienced Citizens Among the Locrians no man might propose a new Law but with an halter about his neck that if he did not speed in his suite he might presently be strangled The Lacedemonians did so farr abhorre from all study of change that they banished a skilfull Musition onely for adding one string 〈◊〉 to the Harp I desire that no man will interpret what I say in this Discourse as intended to the Prejudice of the lawfull Rights and just priviledges of Parliament The very name of a Parliament was Musick in our eares at the Summons thereof our hearts danced for joy It is rather to be feared that we idollized Parliaments and trusted more in them then in God for out temporall well being God who gave the Israelites a King in his anger may at his pleasure give us a Parliament in his anger That we reap not the expected fruit next to our sins we may thank the Observator and such Incendiaries I confesse my selfe the most unfit of thousands to descend into this Theater as one who have lived hitherto a Mute but to see the Father of our Country threatned and villified by a common Souldier is able to make a dumb man speak as it did sometimes the Sonne of Craesus Quando doler est in capite saith Saint Bernard when the head akes the tongue cries for assistence and the very least members the Toe or the litle Finger is affected We are commanded to be wise as Serpents Math. 10. 16. A chief wisdome of the Serpent is in time of Danger to wrap and fold his head in the circles of his body to save that from blowes I pretend not to skill in Politicks the Observator may have read more Bookes and more Men but let him not despise a weak Adversary who comes armed with evident truth I know I have the better cause the better second The Birds in Aristophanes fancying an all-sufficiency to themselves did attempt for a while to build a City walled up to Heaven not much unlike such another Fiction of the Apes in Hermogenes but at length the one for feare of Iupiters Thunder and the other for want of convenient tooles gave over the Enterprise Believe it the frame of an ancient glorious well-temper'd and setled Monarchy though it may be shaken for a time will not cannot be blown upside down with a few windy Exhalations or an handfull of Sophisticall squibbes The World begins to see something through the holes of these mens cloakes and to espye Day through the midst of the Milstone And now that men may borrow a word edgeway with them
it will be pealed into their eares dayly I shall deale more ingenuously with the Observer then he hath done with his Soveraigne to catch here and there at a piece of a Sentence and passe by that as mute as a Fish to which he had nothing to say If His Majesties cleare Demonstrations which to a strong judgement seeme to be written with a beam of the Sun and like the principles of Geometry doe rather compell then perswade did leave any place for further confirmation the Observers silence were sufficient to proclaime them unanswerable There needs no other proofe of His Majestyes Lenity and Goodnesse then this That a Subject dare publish such observations in a Monarchy and maintain argument with his Liege Lord Multa donanda ingeniis sed donanda vitia non portenta sunt He deserveth small pitty who priseth his word more then his Head King Lewes said of some seditious Preachers in France If they tax me in their Pulpits I will send them to preach in another Climate Pollio said of Angustus Non est facile in eum scribere qui potest proscribere The King of the Bees though he want a sting yet is he sufficiently armed with Majesty So should King Charles be to the Observer and his pew-fellowes if they were profitable Bees as they are a nest of Waspes and Hornets I find two branches of this Family I cannot call them the Family of Love as a verse one to another as Sampsons Foxes It is hard to say whether is the ancient House for they both sprung up the one in Spaine the other at Geneva about the same time the yeare 1536. The Captaines of the one are Bellarmine Simancha Mariana c. The chieftains of the other are Beza if it be his Book de jure Magistratus as is believed Buchanan Stephanus Iunius c. The former in favour of the Pope the latter in hatred of the Pope yet both former and latter may rise up in Judgement with our Incendiaries and condemne them for if they had had as gracious a Prince as King Charles they had never broached such tenets to the World I have busied my selfe to find out the Progenitors of these two different Parties and for the former I cannot in probabillity derive them from any other then Pope Zachary Who it seemes as the Oestridge left an egge in the Sand which after a long revolution of time was found and hatched by the care of some Loyolists for thus he in Aventine A Prince is subject to the People by whose benefit he reignes whatsoever Power Riches Glory Dignity he hath he received it from the People Regem Plebs constituit eundem destituere potest As for the latter because I know they will scorn to ascribe their Originall to a Pope I cannot fine one of their Ancestors in all the Church of Christ for fifteen hundred yeares untill I come as high as Saint Iudes dreamers or the Pharisees of whom Iosephus saith that they were a Sect cunning arrogant and opposite to Kings And they have one Pharasaicall virtue in great eminency that is self-love and partiallity to make their own case different from all other mens as may appeare by these particulars First a question is moved concerning the Kings Supremacy in Ecclesiasticall Affaires They give Power to Kings to reforme the Church just as Bellarmine gives to the Pope to depose Princes not certainly but contingently in the case of an ungodly Clergy that is in their sense all other but themselves but if they be once introduced neither King nor Parliament have any more to doe but execute their Decrees then the whole Regiment of the Church is committed by Christ to Pastors Elders and Deacons so Cartwright then Magistrates must remember to subject themselves submit their Scepters thrâ—…w down their Crownes to the Church and as the Prophet speaketh to lick the dust of the feet of the Church that is of the Presbitery what is this but kissing of the Presbiters toes Secondly where they have hope of the King there the Supreame Magistrate may nay he ought to reforme the Church yea though the Statutes of the Kingdome be against it so say the Authors of the Protestation printed 1605. But what if the King favour them not then he is but a conditionall trustee it belongeth to the States and representative body of the Kingdom but what if the Nobility will not joyne then the People must so said Field since we cannot bring this to passe by Suite or Dispute the People and Multitude must doe it yea though it be with blood as Martin threatens in his Protestation The People saith Buchanan have as much power over Kings as Kings have over particular Persons Nobility saith the Book of Obedience is the Bounty of the People to some Persons for delivering them from Tyrants which prerogative the Children kept by the Peoples negligence And of late have not the Peers been exhorted to mingle themselves with the meanest of the People and for the procuring a parity in the Church to consent to a parity in the State and for the subduing of the pride of Kings for a time to part with the power of Noblemen For a time what 's that that is according to the former Doctrine till the People be pleased out of their Bounty to advance them according to their severall Talents for their zeale to shed the blood of the ungodly The Misery beginns now to open itselfe and I trust will shortly appeare in its right colours By these reverend Fathers I mean the Rabble the Discipline was brought into Genevah it self against the will of the Syndicks and two Councels In illa promiscua colluvie suffragiis fuimus superiores saith Calvin Thus these men make Kings and Nobles but as Counters which stand somtimes for a pound somtimes for a penny pro arbitrio supputantis just like Chawcers Frier he knew how to impose an easy Pennance where he looked for a good Pittance Thirdly the wheele of Heaven hath not yet wound up one thred more of the â—…lew of our Life since we heard nothing but Encomiums of the Law Treason against the Fundamentall Laws and Declarations against Arbitrary Government Now the Law is become a Formallity a Lesbian Rule Arbitrary Government is turned to necessity of State It is not examined what is just or unjust but how the party is affected or disaffected whether the thing be conducible or not conducible to the cause we are governed not by the known Laws and Customs of this Realme but by certain farrfetched dear-bought Conclusions or rather Collusions drawn by unskilfull Empericks without Art or Judgement from the Law of Nature and of Nations which may be good for Ladyes by the Proverbe but not for English Subjects Now are we taught down-right that the Laws of the Land are but mans-inventions morall precepts fitter for Heathens then Christians that we must lead our Lifes according to Gods word as if Gods word and the Law of the Land
maligned Episcopacy whilest Bishops stood they could not fill all the Pulpits of the Kingdome with their Seditious Oratours who might incite the people that their zeal to God may not be interrupted by their Duty to the King that by the Christian Labours of their painfull Preachers they may not want hands to bring their wishes to passe they are their own words Is this the reason we have not a word of Peace and Charity from that Party but all Incentives to Warr and to joyn in making that great Sacrifice to the Lord. Yet whilest they are so busy in in getting hands too many of them perjured hands let them remember Rodolphus the Duke of Sweveland his hand in Cuspinian who being drawn into a rebellious Warre against the Emperour and in the Battell having his right Hand cut off held out the Stump to those that were about him saying I have a just reward of my Perjury with this same Hand I swore Allegiance to my Soveraigne Lord. Yet the good Emperour buried him Honourably which being disliked by some of his Friends he replied utinam omnes mei Adversarit eo ornatu sepulti jacerent We have sworn Allegiance as well ashe and God is the same he was a severe Avenger of Perjury Onely Zedekiaâ—… of all the Kings of Iudah a perjured Person to Nebuchadnezzar had his eyes put out because saith one he had not that God by whom he sware before his eyes Another instance of Perjury we have in Uladislaus when Huniades had made Truce with Amurath for ten yeares the King by the incitement of Cardinali Iulian did break it the Turk in distresse spreads the Articles towards Heaven saying O Iesus if thou be a God be avenged of these false Christians presently the Battell turned Uladislaus was slaine in the Fight the Cardinall in flight When God had justly punished Corah and his rebellious Company the Common People murmured against Moses and Aaron saying Ye have killed the Lords People Numb 16. 49. What was the Issue the Lord sent a Plague which swept away fourteen thousand and seven hundred of them So dangerous a thing it is onely to justify Traytors Dost thou desire to serve God purely according to his word So thou mayest without being a Traytour to thy Prince if our practise were but conformable to the truth of our Profession we might challenge all the Churches in the World God Almighty lighten the eyes of all those that mean well that we may no longer shed one anothers blood to effect the frantick Designes of Fanaticall Persons and by our contentions pull down what we all desire to build up even the Protestant Religion the Law of the Land and the Liberty of the Subject Treason never yet wanted a cloake we are not to judge of Rebells by their Words but by their deeds their voice is Iacobs voice but their hands are the hands of Esau. The Adulterous woman eateth and wipeth her mouth and saith what have I done yet sometimes God suffers the contrivers of these Distractions unwittingly to discover themselves that unlesse we doe willfully hoodwinke our eyes we cannot but see their aimes Among others that Speech which exhorts us to subdue the pride of Kings to purchase a Parity in the Church with a parity in the State to shed the blood of the ungodly that sleights all former Oaths and Obligations and vilifies the Laws of the Land as the inventions of men may be a sufficient Warning-Piece to all Loyall Subjects and good Christians And so may the late Petition be though from meaner Hands to a Common Councell wherein they doe nakedly and professedly fall upon His Majesties Person without any Mask and sawcily and traytorously propose the alteration of the Civill Government which every true-hearted English Man will detest Say not these are poor vulgar Fellowes These have been the Intelligences that have of late turned the Orbe of our State about or at least the visible Actors And who sees not that this is cast abroad thus by the cunning of their sublimated and Mercuriall Prompters to try how it will rellish with the palate of the People as an Introduction to their actuall Designe that when it comes to passe the World may not wonder at it as a Prodigie So was it given out among the People by Richard the third that his Wife was dead when she was in good health but she wisely concluded what was intended by her kind Husband to be her next part Where are our English Hearts why doe we not at last all joyn together to take a severe account of them who have blemished our Parliament subjected our Persons and Estates to their arbitrary Power who have sought to de-throne our Soveraigne and to robbe us of our Religion Laws and Liberties But now to the Observator Observer IN this Contestation between Regall and Parliamentary power for method sake it is requisite to consider first of Regall then of Parliamentary Power and in both to consider the efficient and finall Causes and the meanes by which they are supported Answer Stay Sir before we enter into these Consideratitions let us remember the Rule in Rhetorick cui bono what advantage will this inquiry bring us Doe you desire to be one of the Tribunes or Ephori of England to controule your King or would you have the great Oâ—…ke cut down that you might gather some sticks for your selfe Thus we are told lately the wisest men will not thinke thems elves uncapable of future Fortunes if they use their uttermost power to reduce him that is the King to a necessity of granting Or would you have us play the Guelphes and Gibellines to cut one anothers throats for your pastime Pardon us Sir we cannot thinke it seasonable now when poore Ireland is at the last gaspe and England it selfe lies a bleeding when mens minds are exasperated by such Trumpeters of Sedition to plunge our selves yet deepeâ—… in these Domestick Contestations what could the Irish Rebells desire more Comparisons are alwayes odious but Contestations are worse and this between a King and His Parliament worst of all This dismall question did never yet appeare in this Kingdom but like a fatall Screech-owle portending blood Death and publique Ruine This was the Subject of the Barons Warre the consequent of this in the wrong offered to a lawfull Prince was the fountain of those horrid Dissentions between the red Rose and the White which purpled all our English Soile with native Blood we have had too much of this already Halfe of that Money which of late hath been spent of that blood which hath been shed about this accursed Controversie would have regained Ireland and disingaged England whereas now the sore festers dayly more and more under the Chirurgeons Hands Our Fore fathers have setled this question for us we desire to see what they have done before we goe to blind-mans buffet one with another If it hath been composed well or but indifferently it is better then Civill Warr And
People who elect them but from the King who creates them Fourthly you tell us that the Power of a King is to have powerfull Subjects and to be powerfull in his Subjects not to be powerfull over his Subjects Your reason halts because it wants a caeteris paribus several Kings may have severall advantages of greatnesse The truth is neither many powerfull Subjects without obedience nor forced obedience without powerfull and loving Subjects dâ—… make a great and glorious King But the concatenation of Superiours and Inferiours in the Adaman tine bonds of Love and Duty When Subjects are affected as Scillurus would have his Sonns for concord as Scipio had his Souldiers for obedience which they prised above their lifes being ready to throw them selves from a Tower into the Sea at their Generallâ—… command this is both to be great in Subjects and over them The greatest Victoryes the greateâ—… Monarchyes are indebted for themselves to this lowly beginning of obedience It is not to be a King of Kings nor a King of slaves nor a King of Devills you may remember to whom that was applied but to be the King of Hearts and Hands and Subjects of many rich loving and dutifull Subjects that makes a powerfull Prince As for the present puissance of France can you tell in what Kings Reigne it was greater since Charlemaine Neverthelesse admitting that the Peasants in France as you are pleased to call them suffer much yet nothing neare so much as they have done in seditious times when Civill Warrâ—… raged among them when their Kings had lesse power over them which is our case now God blesse us from Tvrany but more from Sedition If the Subjects of France be Peasants and the Subjects of Germany be Princes God send us Englishmen to keep a mean between both extremes which our Fore-Fathers found most expedient for all parties Observer But thus we see that Power is but secondary and derivative in Princes the Fountain and efficient cause is the People and from hence the inference is just the King though he be singulis Major yet is he universis Minor for if the People be the true efficient cause of Power it is a Rule in Nature quicquid efficit tale est magis tale And hence it appears that at the founding of authorities when the consent of Societies conveyes rule into such and such Hands it may ordaine what conditions and prefix what bounds it pleases and that no dissolution ought to be thereof but by the same power by which it had its Constitution Answer Thus we see your Premisses are weake and naught your argument proceeds from the staffe to the corner and your whole discourse is a Rope of Sand. First your ground-work that the People is the Fountain and efficient of Power totters and is not universally true Power in the abstract is not at all Power in the concrete is but sometimes from the People which is rather the application of power then Power itselfe Next your inference from hence which in this place you call just and a little after say that nothing is more known or assented unto that the King is singulis major but universis minor greater then any of his Subjects singly considered but lesse then the whole collected Body is neither just nor known nor assented unto unlesse in that Body you include His Majesty as a principall Member And yet if that should be granted you before it would doe you any good these universi or this whole Body must be reduced to the Major or greater part and this diffused and essentiall Body must be contracted to a representative Body unlesse we may believe your new Learning that the Essentiall and Representative Body are both one But waving all these advantages tell me Sir might you be perswaded to follow Licurgus his advise to try this Discipline at home before you offer it to the Commonwealth could you be contented that all your Servants together or the Major part of them had power to turne you out of your Mastership and place your Steward in your roome or your Children in like case depose you from your Fatherhood No I warrant you the case would soone be altered And when the greatest part of the sheep dislike their Sheepheard must be presently put up his Pipes and be packing Take heed what you doe for if the People be greater then the King it is no more a Monarchy but a Democracy Hitherto the Christian World hath believed that the King is post Deum secundus the next to God solo Deo minor onely lesse then God no Person no Body Politick between that he is Vicarius Dei Gods Vicegerent The Scriptures say that Kings reigne not over Persons but Nations that Kings were anointed over Israell not Israelites onely Saul is called the head of the Tribes of Israell Our Laws are plain we have all sworn that the Kings Highnesse is the onely Supreme head if Supreme then not subordinate if onely Supreme then not coordinate and Governour of this Realme His Highnesse is Supreame Governour that is in his Person in his Chamber as well as in his Court The ancient Courts of England were no other then the Kings very Chamber and moveable with him from place to place whence they have their name of Courts Supreme Governour of this Realme collectively and not onely of particular and individuall Subjects In all causes and over all Persons then in Parliament and out of Parliament Parliaments doe not alwayes sit many Causes are heard many Persons questioned many Oaths of Allegiance administred between Parliament and Parliament The same Oath binds us to defend him against all conspiracies and attempts whatsoever which shall be made against his Person or Crown to defend him much more therefore not to offend him against all Conspiracies and Attempts whatsoever that Oath which binds us to defend him against all attempts whatsoever presupposeth that no attempt against him can be justified by Law whether these attempts be against his Person or his Crown It will not serve the turn to distinguish between his Person and his Office for both the Person and the Office are included in the Oath Let every Subject lay his hand upon his heart and compare his Actions with this Oath in the fear of God When the great representative Body of Parliament are assembled they are yet but his great Councell not Commanders He calls them he dissolves them they doe not choose so much as a Speaker without his approbation and when he is chosen he prayes His Majesty to interpose his Authority and command them to proceed to a second choise plane propter modestiam sed nunquid contra veritatem The Speakers first request is for the Liberties and Priviledges of the House His Majesty is the fountain from which they flow When they even both Houses do speak to him it is not by way of mandate but humble Petition as thus most humbly beseech your most excellent Majesty your faithfull and
obedient Subjects the Lords spirituall and temporall and Commons in Parliament assembled or thus We Your Majesties loving faithfull and obedient Subjects representing the three Estates of Your Realme of England c. except we should overmuch forget our Duties to Your Highnesse c. do most humbly beseech c. Here the three Estates of the Kingdom assembled in Parliament doe acknowledge their subjection and their duty do beseech Her Majesty Where by the way I desire to know of the Observer whether that of the three Estates were a Fundamentall Constitution of this Kingdom and who were the three Estates at this time and whether a third Estate have not been since excluded Howsoever we see they doe but rogore legem pray a Law the King enacts it and as he wills or takes time to advise so their Acts are binding or not binding They challenge no dispensative Power above the Law he doth In a word He is the Head not onely of the Hand or of the Foot but of the whole Body These things are so evident that all our Laws must be burned before this truth can be doubted of But to stop the Observers mouth for ever take an Authentick Testimony in the very case point blanck By divers old Authentick Histories and Chronicles it is manifestly declared that this Realme of England is an Empire and so hath been accepted in the World governed by one Supreme Head and King having the Dignity and royall Estate of the Imperiall Crown of the same unto whom a Body Politick compact of all sorts and degrees of people divided into terms and by names of Spiritualty and Temporalty being bounden and owen next to God a naturall and humble obedience he being instituted and furnished by the goodnesse and sufferance of Almighty God with plenary whole and entire Power Preeminence Authority c. Now Sir observe first that not onely individuall Persons but the whole compacted Body Politicke of the Kingdome are not onely lesse then His Majesty but doe owe unto him a naturall and humble obedience how farr is this from that Majesty which you ascribe to the representative Body Secondly that the Spiritualty were ever an essentiall part of this Body Politick Thirdly that His Majesties Power is plenary Fourthly that he derives it not from inferiour compacts but from the goodnesse of God It is true were His Majesty as the Prince of Orange is or you would have him to be not a true Possessor of Soveraigne Power but a Keeper onely as the Roman Dictator or an arbitrary Proctor for the People your rule had some more shew of reason but against such evident light of truth to ground a contrary assertion derogatory to His Majesty upon the private authority of Bracton and Fleâ—… no Authentick Authors were a strange degree of weaknesse or wilfulnesse especially if we consider first upon what a trifling silly Homonomie it is grounded quia comites dicuntur quasi socii Reqis et qui habent socium habent Magistrum If he had called them the Kings Attendents or subordinate Governours of some certain Province or County as the Sheriffe Vice Comes was their Deputy there had been something reall in it Secondly if we consider that this assertion is as contrary to the Observers own grounds as it is to truth for what they Bracton and Fleta doe appropriate to the House of Lords curiae Comitum Baronum he attributes to the collective Body of the whole Kingdom or at the least to both Houses of Parliament that is farr from the Observers meaning and nothing to the purpose This Catachresticall and extravigant expression with the amphibologicall ground of it is either confuted or expounded by the Authors themselves as saying the King hath no Peere therefore no Companion that he is Vicarius Dei Gods Vicegerent that he is not sub homina under Man And if the words have any graine of truth in them they must be undestood not of an Authorative but onely of a Consultive Power to advise him or at the most approbative to give their assent to Laws propounded he having limited himselfe to make no Laws without them So we may say a Mans promise is his Master as if a man should say that the Judges in the House of Peers who have no Votes but are meere assistents yet in determining controversies in point of Law are in some sort superiour to the Lords not in Power which they have none but in skill and respect of that dependence which the Lords may have upon their Judgement and integrity Neither will your logicall Axiom quicquid efficit â—…ale est magis tale helpe you any thing at all for first your quicquid efficit must be quando efficit If a cause have sufficient vigour and efficacy at such time as â—…he effect is produced it is not necessary that it should â—…eteine it for ever after or that the People should reâ—…ein that power which they have divested themselves of by election of another To take your case at the â—…est they have put the staffe out of their own hands and cannot without Rebellion and sinne against God â—…doe what they have done Secondly for your magic tale there is a caution in this Canon that the same quality must be both in the cause and in the effect which yet is not alwayes not in this very case it must be in causes totall essentiall and univocall such as this is not The Sun is the cause of heat yet it is not hot it selfe Sol homo generant hominem viventem yet the Sun lives not If two Litigants consent to license a third Person to name another for Arbitrator between them he may elect a Judge not be a Judge Yet I shall not deny you any truth when and where the antecedent consent of free societies not preingaged doth instrumentally conferr and convey or rather applie power and authority into the hands of one or more they may limit it to what terme they please by what covenants they please to what conditions they please at such time as they make their election yet Covenants and Conditions differ much which you seem to confound breach of Covenant will not forfeit a Lease much lesse an Empire I have seen many Covenants between Kings and their People sometimes of Debt and many times of Grace but I doe not remember that ever I read any Conditions but with some old elective Kings of Arragon if they were Kings long since antiquated and one onely King of Polonia You adde and truely that there ought to be no dissolution of Soveraignty but by the same power by which it had its Constitution wherein God had his share at least but this will not serve your turn if you dare speak out plainly tell us when a King is constituted by right of Conquest and long Succession yea or by the election of a free people without any condition of forfeiture or power of revocation reserved as the Capuans gave themselves to the
Oath which beares markes enough in it selfe of the time when it was made are not to be pressed further then Custome and practice the best Interpreters of the Law doe warrant otherwise the Words quas vulgus elegerit cannot without much forcing be applied to the Parliament But admit the word vulgus might be drawn with some violence to signifie the House of Coâ—…ons by virtue of their representation yet hoâ—… have the House of Lords lost their interest if the King be boâ—…nd to confirme whatsoever the House of Commons shall present Thirdly it cannot be denyed that if the King 〈◊〉 bound by a lawfull Oâ—…th to passe all Bâ—…lls it is not the form of denying it but the not doing it which makes the pâ—…rjury Therefore the form of the Kingâ—… answer Le Roy Savisera canâ—… excuse the perjury in not doing Neâ—…her doth it prove that the King had no power to deny but that â—…e is tender of a flat dâ—…nyall and attributes so much to the judgement of His great Councell that he will take further advice This would be strange Doctrin indeed incredible that all the Kings of England who have given this answer have been forsworn and neither Parliament nor Convocation to take notice of it in so many Ages nor in the nâ—…t succeeding Parliament after so long advise to câ—…l for a further answer Fourthly it is confessed that in Acts of Graâ—… the King is not bound to assent it is well â—…f he have not been restreined of this Right That in all Acts where His Majesty is to depâ—…rt from the particular Right and Interest of His Crown he is not obliged to assent and was not that of the Militia such a case Lastly that though he be bound by oath to consent yet if he doe not consent they are not binding Laws to the Subject Thus farre-well But then comes a handfull of Gourds that poisons the pottage except in cases of necessiâ—… Give to any person oâ—… Socieâ—…y a Legislative power without the King in case of necessity permit them withall to be sole Judges of necessity when it is how long it lasts and it is more then probâ—…ble the necessity will not determine till they have their own desires which is the same in effect as if they had a Legislative Power Necessity excuseth whatsoever it doth but first the necessity must be evident there needs no such great stirre who shall be Judge of necessity when it comes indeed it will shew it selfe when extreme necessity is disputable it is a signe it is not reall Secondly the Agent must be proper otherwise it cuts in â—…under the very sinews of Government to make two Supremes in a Society and to subject the People to contrary commands If the Trumpet give an uncertain sound who shall prepare him selfe to Battell There can be no necessity so pernicious as this very Remedy Fifthly the great variety of Forms and presidents seems to prove that one precise form is not simply necessary and the words adjiciantur quae justa â—…erint and King Henry the eights enterlining it with his own hand do prove that it is arbitrary at least in part To interline it to interline it with his own hand to leave it so interlined upon Record O stange If this clause had been of such consequence we should have heard of some question about it eitâ—…er then or in some succeeding Parliament but we find a deep silence Thomas 〈◊〉 Arch-Bishop of Canterbury in Parliament chargeth Henry the fourth with his Oath which he did voluntarily make But to the forms First the Oath which King Iames and King Charles did take runns thus Sir will you to grant to hold and keep the Lawes and rightfull Customes which the Commonalty of this Kingdom have Here is neither have chosen nor shall choose The Oath of Edward the sixth was this Doe you grant to make no new Laws but such aâ—… shall be to the Honour and glory of God and to the good of the Common-â—…lth and tâ—…at the same shall be made by the consent of your People as hath been accustomed Here is â—…o â—…gerit still yet â—…is Age freed him from the very thught of improving His Prerogative King Henry the eight corrected the form then presented to Hiâ—… thus And affirme them which the Nobles and Peâ—…ple have chosen with my consent Here is have chosen aâ—…d the Kings Consent added to boote Doctor Cowâ—… in his Interpreter recites the Kings Oath out of tâ—… old abridgement of Statuâ—…es set out in Henry tâ—… eights Dayes much different from this as that the King should keep all the Lands Honours c. of the â—…rown whole without diminution and reassume those whâ—…h had been made away And this clause in questin runnes thus He shall grant to hold the Laws and Customs of the Realme and to his Power keep them aâ—…d affirme them which the Folke and People have made â—…nd chosen and this seems to have been the Oath of His Predecessors But perhaps if we looke up higheâ—… we shall find a perfect agreement in thiâ—… point Our next step must be to Henry the fourth and Richard the second a Tragicall Time when the State run contrary waves like a whirligigge fiâ—…ter for the honour of the Nation to be buried in oblivion then drawn into president But this Oath being no Innovation it may serve well enough Yet the Oaths of these two Kings do not agree so exactly as to settle a certain forme as to instance onely in the clause in question Henry the â—…ourths Oath runs thus concedis justas Leges constudines esse tenendas promittis pro te eas esse proâ—…gendas ad honorem Dei corroboraâ—…d quas vulgus â—…gerit which last word signifies indifferently either â—…ave chosen or shall choose Neither doth the Reâ—…ord say that this was the very 〈◊〉 taken by Henry â—…e fourth but that it was the usuall forâ—… taken by â—…e Kings of England and twice by Richard the â—…econd and for proof of what it saith referres us â—…o the Registers of the Arch-Bishops or Bishops proâ—…t in libris pontiâ—…calium Archiepisâ—… et Episc. plenius â—…ontinetur This prout is a clear evidence that this preâ—…se Form had no ground in Statute or in Common â—…aw but was a Pontificall rite The Oath of Riâ—…hard the second related in the close Rolls of the first Year of his Raigne even in this very clause differs â—…n two materiall things one is that to justas Leges Consuetudines there is added Ecclesiae the other is that to elegerit is added juste rationabiliter which the People have chosen or shall choose justly and reasonably which limitation if the Oath look forward to future Laws must of necessity be either expressed or understood otherwise the Oath is unlawfull and doth not bind jusjurandum non debet esse vinculum iniquitatis Here also the word elegerit is doubtfull whether past or future If it be urged that to corroborate must de understood
This is rather an exception against the Law it selfe then the King So the Observer and his pewfellowes deal with Laws and Law-makers if they make for them suscipiunt ut Aquilas they admire them as Eagles if they make against them despiciâ—…nt ut graculos they despise them as Dawes the Fundamentall Constitutions of the Kingdome must be streight exploded the Law is become a Formallity Are you in earnest Sir that this is destructive to Parliaments you might have said more truely the productive cause of all Parliaments that ever were in England or of any Assembly that had an Analogy with Parliaments I tooke you only for a Reformer of some abuses newly crept in but it is plain you intend to be another Licurgus to alter the whole frame of Government Truely Sir you beginne very high and jumpe over the backs of a great many Generations at once Doubtlesse you are either very wise or have a great opinion of your owne Wisdome But to the point It is confessed that sometimes some evills doe flow from inconsiderate trust but many more from needlesse Jealousy incommoda non solvunt Regulam Inconveniences doe not abrogate a Law Restraint commonly makes pâ—…ssion more violent When you have done what you can there must be a trust either reposed in one or many and better in one then many Doe but looke home a little without trust a Man knows not his owne Father without trust a man knowes not his own Children Some trust there must be and who fitter to be trusted then he that hath the Supremacy of power unlesse you will make two Supremes You confesse that Parliaments ought to be used as Phisick not as constant Diet. And the Law hath â—…ow set down a faire terme for the continuance of an ordinary Parliament unlesse you would be continually in a course of Phisick The second exception is His Majesty declares that the Parliament hath no universall power to advise in all things but in quibusdam arduis according to the Writ and cites the president of Wentworth a Member of the House of Commons committed by Queen Elizabeth the Parliament sitting for proposing to advise Her in a matter She thought they had nothing to doe with The Observer magnifies Queen Elizabeth for Her Goodnesse and Clemency but withall he addes But we must not be presidented in apparent violation of Law by Queen Elizabeth A grave Historiographer tells us of a close and dangerous kind of Enemies tacitum inimicorum genus such as make a mans praises an introduction to their venemous invectives as if it were not malice but pure love of truth that even forced them to speak so much such an one is a good Man but c. So Queen Elizabeth was a good Queen but in this particular she played the Tyrant To violate Laws to violate them apparently therefore wilfully to have no respect to the House of Commons whereof Wentworth was a Member was no signe of Grace and Clemency Certainly Queen Elizabeth a wise and mercifull Princesse one that so much courted Her People would not have done it but that She thought She had just grounds or if She might erre in her judgement yet She had as wise a Councell as any Prince in Europe and a businesse of this consequence could not be done without their advice who doubtlesse were some of them Members of the same House or if both She and they should be mistaken yet why were the House of Commons themselves silent whilest such a known Privilege was apparently invaded why did they not at least in an humble Petition represent this apparent violation of their Libertyes that it might remaine as a memoriall to plead for them to Posterity that they were not the betrayers of the Rights of Parliaments She that was so gracious as he Observer acknowledgeth and whose goodnesse was so perfect and undissembled could not choose but take it well and thanke them for it Neither will it suffice to say She gained upon them by Courtesy such an apparent violation so prejudiciall to the Highest Court of the Kingdome passed over in deep silence shews as litle Courtesy on the one side as Discretion on the other In brief as I cannot conceive that these words in quibusdam arduis are so restrictive that the House may consult of nothing but what shall be proposed or was intended at the time of the Summons so on the other side I doe not see how either the Commission or Prescription doe give them such an universall Cognizance or Jurisdiction Queen Elizabeth declared Herselfe oftner then once in this point in Her first Parliament when in reason She should be most tender to the Speaker and the Body of the House of Commons out of their Loves humbly moving Her to Marriage She answered that She tooke it well because it was without limitation of Place or Person if it had been otherwise She must needs have misliked it and thought it a great presumption for those to take upon them to bind and limit whose duties were to obey The third exception is the King saith they must meerely counsell and not command a strange charge if you marke it For it is impossible that the same trust should be irrevocably committed to the King and His Heires for ever and yet that very trust and a power above that trust be committed to others The Observer answers first little to the purpose that though there cannot be two Supremes yet the King is universis minor lesse thâ—n the collective Body of His Subjects as we see in all conditionate Princes such as the Prince of Orenge c. His Maxime that the King is singulis Major univerversis Minor except the King himselfe be included in the universi hath been shaken in pieces before The Law is plain The Kings Most Royall Majesty of meer droit very Right is very Head King Lord and Ruler of this Realm And doth he now intend to include the King of England in his c. among condionate Princes Take heed Sir this will prove a worse c. then that in the late Canons Secondly he answers that though the Kings power be irrevocable yet it is not universall the people have reserved something to themselves out of Parliament and something in Parliament It were to be wished that he would distinctly set down the particular reservations a deceitfull Man walkes in Generallityes Still the Observer dreams of Elective Kingdoms where the people have made choise either of a Person or a Family To us it is nothing they that give nothing can reserve nothing Trusted and yet reserved How the Observer joynes Gryphins and Horses together if trusted how reserved if reserved how trusted but how doth the Observer prove either his trust or reservation nay it is a tacite trust in good time so he proves his intention by a Company of dumbe witnesses In conclusion his proofe is that it is a part of the Law of Nature A trimme Law of Nature indeed which
is Diametrally opposite to the Law of God and of Nations The Observer deales in this just as if he had a Kinsman died testate and he should sue for a part of his goods and neither allege the Will nor Codicill not Custome of the Country but the Law of Nature onely for a Legacy Next the Observer raiseth a new Argument out of His Majestyes words A temporary Power ought not to be greater then that which is lasting This is first to make Draggons and then to kill them or as Boyes first make bubbles in a shell and then blow them away without difficulty The Sinewes and Strength of His Majestyes Argument did lye in the words to Him and to His Heires and not in the word above but if he will put the word above to the tryall if he reduce it into right Form it is above his answer To give a power above His Majesty sufficient to censure His Majesty to a Body dissolvable at His Majestyes pleasure is absurd and ridiculous as if the King should delegate Judges to examine and sentence the Observers seditious passages in this Treatise and yet withall give power to the Observer to disjustice them at his pleasure in such a case he need not much fear the Sentence The Observer pleads two things in answer to his own shadow First that then the Romans had done unpolitickly to give greater power to a Temporary Dictator then to the ordinary Consulls Secondly that it was very prosperous to them sometimes to change the Form of Government neither alwayes living under circumscribed Consulls nor under uncircumsâ—…ibed Dictators We see what his Teeth water at he would have His Majesty a circumscribed Consull and gain an Arbitrary Dictatorian Power to himselfe and some other of his Friends But in the meane time he forgets himselfe very farre in his History for first the power of the Dictator and of the Consulls was â—…ot consistent together but the power of the King and the Parliament is consistent Secondly the change of Government was so farre from being prosperous â—…o the Romans that every change brought that State even to Deaths doore To instance onely in the exâ—…ulsion of their Kings as most to the purpose How â—…ear was that Citty to utter Ruine which owes its subsistence to the valour of a single Man Horatius Coâ—…les if he had not after an incredible manner held a whole Army play upon a Bridge they had payed for their new fanglednesse with the sacking of their Citty Thirdly the choosing of a Dictator was not a change of their Government but a branch of it a piece reserved for extremest perills their last Anchor and Refuge either against Forre in Enemyes or the Domestick Seditions of the Patricii and Plebei and is so farr from yeelding an Argument against Kings that in the judgement of that Politick Nation it shewes the advantage of Monarchy above all other Formes of Government The Observer still continues His Majestyes Objection To make the Parliament more then Counsellers is to make them His Commanders and Controllers To which he answers To consent is more then to counsell and yet not alwayes so much as to command for in inferiour Courts the Iudges are so Counsellours for the King that he may not countermand their judgement yet it were a harsh thing to say that therefore they are His Controllers much more in Parliament where the Lords and Commons represent the whole Kingdome If there were no other Arguments to prove the Superiority of Parliament above the other Courts then this that it represents the Kingdome as they doe the King it would get little advantage by it To consent is more then to counsell and yet not alwayes so much as to command True not alwayes but to couâ—…sell so â—…s the pâ—…ty counselled hath no Liberty left of dissenting is alwayes either as much as to command or more a man may command and goe without but here is onely advise and yet they must not goe without What a stirre is here about consent If he understâ—…nd consenâ—… in no other notion then Laws and lawfull Customes doe allow it is readily yeelded but makes nothing to his purpose One said of Aristotle that he writ waking but Plato dreaming The one had his eyes open and considered Men as they were indeed the other as he would have them to be but if ever Man writt dreaming it was this Observer his notes may serve rather for the Meridian of new England then old England and of Eutopia rather then them both He calls the Judges the Kings Counsellers as if they were not also his Delegates Deputies and Comissioners what they doe is in His name and His Act yet if they swerve from justice he may grant a review and call them to account for any misdemeanour by them committed in the excercise of their places and this either in Parliament or out of Parliament But the inference hence That because the Parliament may take an account of what is done by His Majesty in His inferiour Courts therefore much more of what is done by him without the Authority of any Court seemes very weake It is one thing to take an account of Himselfe another to take an account of His Commissioners His Majesty hath communicated a part of his judiciary power to his Judges but â—…ot the Flowers of his Crown nor his intire preroâ—…ative whereof this is a principall 〈◊〉 to be free from all account in point of â—…ustice except to Goâ—… and His own Conscience The last exception is That the King makes the Parliament without his consent A livelesse convention without all virtue and power saying that the very name of Parliament is not duâ—… unto them Which Allegation saith the Observer at one blow confounds all Parliaments and subjects us to as unbounden a Regiment of the Kings meere Will as any Nation under Heaven ever suffered under For by the same Reason that the Kings dissertion of them makes Parliaments virtuelesse and void Courts He may make other Courts voide likewise Here is a great cry for a little Wooll if he proves not what he aimes at yet one thing he proves sufficiently that himselfe is one of the greatest Calumniators in the World in such grosse manner â—…o slander the Footsteps of Gods Anointed Agnosâ—…as primogenitum Sathanae Where did ever the King say that Parliaments without his presence are virtuelesse and void Courts but he denieth them the name of Parliaments which is all one yes if a Goose and a Feather be all one The name Parliament with us signifies most properly the Parâ—…y of the King and his People in a secondary sense it signifies a Parly of the Subjects among themselves neither of these virtuelesse but the one more vigorous then the other So the Body is sometimes contradistinguished to the Soule and includes both Head and Members sometimes it is contradistinguished to the Head and includes the Members onely It is one thing to be 〈◊〉 True Parliament and another to be
and use their power so farr as conduceth to their safety You see the high ad ultimate Judicature is neither now the Kings nor the Parliaments Your third division is between the Parliament and a part of it Of this charge they are guilty who made the distinction of good and bâ—…d Lords of well affected and ill affected Members The votes of Absentees doubtlesse by the Law of Nations devolve to those that are present but if the place of the Assembly be not free if the absence be necessitated by unjust force or just fear the case is otherwise Your fourth division is between the Major part misled and a Faction in the major part misleading I wonder you should thinke this so impossible Neere instances may be dangerous let us looke upon the great Councell of Aâ—…iminum the question was of no lesse consequence then the Diety of Christ the Major part of the Couâ—…cell voted for the Arrians and in the major part the misleading Faction were but few the well meaning party were farre the more but misled by the subtle manner of proposing the question wheâ—…her they would have Christ or Homoousioâ—… which â—…either being discussed nor understood as it ought to â—…ave been they voted wrong and repented at leiâ—…ure In the last place you distinguish between deserting â—…nd being deserted If the Wife leave her Husbands â—…ed and become an Adulteresse t is good reason she â—…ose her dowry but if her Husband caâ—…selesly reject â—…er it is injustice she should suffer any detriment Your case is true as you propose it but suppose the Adultresse should stay at home and outbrave her Husband or by her power in the Family thrust him good Man out of doores suppose she should refuse to cohabite with him except she may be Mastâ—…r and do what she will without controllment and forget her Matrimoniall Vow of Obedience This alters the case Observer Now of that Right which the Parliament may doe the King by Counsell iâ—… the King could be more wisely or faithfully advised by any other Court or if his single judgement were to be preferred before all advise whatsoever it were not onely vaine but extreamly inconvenient that the whole Kingdom should be troubled to make elections and that the Parties elected should attend the publick businesse Answer We have had both Counsell and Consent befoâ—… but now we must have them again The questioâ—… raised by the Observer are of such an odious naturâ—… that no good Subject can take delight in them whosâ—… duty is to pray for the like concent among the sevâ—…rall orders of this Kingdome that is supposed tâ—… be among the severall orbes of Heaven His Majesty is undoubtedly the primum mobile whatsoeveâ—… the Observer in sundry parts of this Treatise prattlâ—… to the contrary The two Houses of Parliament tâ—… great and privy Councell are the lower Spheres whicâ—… by their transverse yet vincible motions ought to allay the violence of the highest Orbe for the good anâ—… preservation of the universe Where there are no such helps and means of temper and moderation there Liberty is in danger to be often trodden under Foot by Tyranny And where these adjuments by the unskilfulnesse or sinister ends of some young or ambitious Phaetons become impediments by a stiffe froward and unseasonable opposition in stead of a gentle vincible reluctation it sets the whole body Politick in a miserable combustion as dayly experience shews But I must trace the Observer The calling of Parliaments is not vaine and inconvenient but his inference is vain and inconsequent there are other ends of Parliaments besides Counsell as consenting to new Laws furnishing the publick with Money the nerves and sinews of great actions mainteining the interest of the Kingdome and liberty of the Subject From removing one sociall end to inferre â—…at an action is superfluous deserves no answer but 〈◊〉 and contempt Secondly even in point of advise there is more reâ—…uired in a good Counseller then naturall wisdome â—…nd fidelity our fancyes are not determined by naâ—…ure to every thing that is fit for us as in Birds and Beasts but we must serve apprentiships â—…o â—…ble us to â—…erve one another There is a thing called experience of â—…igh concernment in the managery of publick affaires He that will steere one Kingdome right must know â—…he right constitution of all others their strength their â—…ffections their councels and resolutions that upon each different face of the skye he may alter his rudder The best Governments have more Councells â—…hen one one for the publick interest of the Kingdome another for the affaires of State a Councell for Warre and a Councell for Peace and it were strange if it were not as requisite to have a Councell for the Church Every Man deserves trust in his own Profession many are fittest for resolving few for managing The exigence of things require sometimes secrecy sometime speed We see the House of Commons though they be but deputed by the People and a Delegate cannot make a delegate where their right is in confidence rather then in interest yet they have their Committees and a Councell in a Counsell Neither are all Parliaments of the same temper if we may believe Sir Henry Wotton one that was no Foole thus he in the eighteenth of King James many young ones being chosen into the House of Commons more then had been usuall in great Councells who though of the weakest winges are the highest flyers there 〈◊〉 a certain unfortunate unfruitfull Spirit in some places not sowing but picking at every stone in the field rathâ—… then tending to the generall harvest Thirdly let them be as wise and as faithfull Councellers as the Observer pleaseth onely let them be but Councellers Let their conclusions have as much credit as the premises deserve and if they can necessitate tâ—…â—…rince to assent by weight of reason anâ—… convincing evidence of expedience let them doe it oâ—… Gods name necesse est ut lancem in libra ponderibâ—… impositis deprimi sic animum perspicuis cedere But 〈◊〉 hope they will never desire to doe it out of the authority of their votes or obtrude a conclusion on His Majesty before he understand how it is groundeâ—… upon the Premises This seemes to be the same which the Disciplinarians would impose upon the King in the Government of the Church to be the Executor of their decrees His Respect to their judgement ought to make him tâ—…nder in denying but inferres no necessity of granting Fourthly I wonder the Observer is not ashamed to tell of His Majestyes preferring his single judgement before all advise whatsoever when the Observer chargeth him with following the advice of his Cabinet Councell when he hath his Privy Councell with him when in the great Councell if they might meet freely he believes that two third parts approve of his doings Are the most part of the Nobility and Gentry of this Kingdome no Body Are the flower of the Clergy and Universities no Body
are so many grave Solid Lawyers no Body So many of the Loyall Commons no Body Sir you doe see and you will see dayly more That His Majesty is not single in His Course Lastly It is the part of good Counsellers to present their whole advise together what they desire to remove and what they desire to introduce as well what they desire to build up as what theâ—…â—…esire to pull down So the Observer himselfe pâ—…eth in another case Before we demolish old structures we ought to be advised of the fashion of new His Majesty hath required one intire full view of their demands that He might judge more perfectly what to assent to and what to advise further upon This is a sure way not to be over-reached not to cut down an old Tree before there be a new one ready to be planted in its place many Men will agree in the destructive which will never agree in the constructive part The old Senators first of Capua and after of Florence found this to be true by experience the People did not agree so well in taking them away but they disagreed ten times as much in the choise of new and they that were voted down whilest they looked upon them positively were voted to stand when they looked upon them comparatively they were not so worthy as they desired but much more worthy then those that should be subintroduced To instance in the case of the Church there are many Schismaticall Factions at this day never an one of these can have their own ends except the present government be taken away so farre they agree yet if it should be taken away not one of six should have his own ends here of necessity they must fall in pieces and in probability will cry out with the Capuans and the Florentines The old is the better of the two If every Mans single suffrage were ascertained to his proper object as it is in the election of our Knights and Burgesses we should soone see who would have most voices and perhaps the old in a free meeting might have more then all the new put together Observer But little need to be said I thinke every mans hearâ—… tells him that in publick Consultationâ—… the many eyes of so many choise Gentlemen of all parts see more then fewer Answer T is not sufficient for an adviser to see unlesse he can let another see by the light of Reason A Man ought not implicitly to ground his actions upon the authority of other Mens eyes whether many or few but of his own Many see more then few True caeteris paribus if all things be alike Or otherwise one Phisitian may see more into the state of a Mans Body then many Empericks one experienced Commander may know more in Military Affaires then ten Fresh-water Souldiers and one old States-Man in his own Element is worth many new Practitioners one Man upon an Hill may see more then an hundred in a Valley But yet if all things be alike you will say many eyes see more then one They doe so commonly but not alwayes one Paphnutius did see more in the Councell of Nice then many greater Clerks How often have you seen one or two Men in the Parliament change the Votes of the House certainly the Eyes of so many choise Gentlemen see the Grievances of the Kingdome better then any other Councell That is their proper object Observer And the great interest the Parliament has in common Iustice and tranquillity and the few private ends they can have to deprave them must needs render their Counsell more faithfull impartiall and religious then any other Answer The interest is the Kingdoms and each Subjects To be Parliament Men adds to their trust not to their interest The Observers grounds are presumptuous and tend onely to beget an implicit confidence what Mens private ends are is not known to us but to God above This we know that good ends cannot justifie bad meanes nor bad actions Men may have good ends and yet be led hoodwinked by others whose ends are worse and private ends will steal upon well affected Men. Discontent works strongly upon some vain glory upon others Delinquents may aime at their own impunity and timorous Persons at private Security But this is to be left to God that is the searcher of hearts Obsever That dislike which the Court has ever conceived against Parliaments without dispute is a pregnant proofe of the integrity and salubrity of publick advise and is no disparagement thereof for we have ever â—…ound Enmity and Antipathy betwixt the Court and the Country Answer If you make a strict survey of the Parliaments party I believe you will find as many Courtiers as Countrymen proportion for proportion To see the Revenues of the Crown be not diminished by needlesse profusion to see His Majesty be not prejudiced in the accounts of his Officers To take away Monopolyes and the like are the proper Workes of Parliaments and in probability cannot be so pleasing to some Courtiers but this is farre from a fancyed Omnipotence Here he falls into his old Complaint of the Peoples not adhering to the Parliament but we have had this Dish oft enough upon the Table Observer The King sayes T is improbable and impossible that His Cabinet Counsellers or His Bishops or Souldiers who must have so great a share in the misery should take such paines in the procuring thereof and spend so much time and run so many hazards to make themselves Slaves and to ruine the Freedome of this Nation How strange is this we have had almost forty yeares experience that the Courtway of preferment has been by doing publick ill offices and we can nominate what Dukes what Earles what Lords what Knights have been made great and rich by base disservices to the State and except Master Hollis his rich Widdow I never heard that promotion came to any man by serving in Parliament but I have heard of trouble and imprisonment but now see the traverse of Fortune the Court is now turned honest and there is no fear now but that a few Hipocrites in Parliament will beguile the Major part And pag. 23. The whole Kingdome is not to be mastered against consent by the traine Bands nor the Traine Bands by the Lords or Deputy Lieutenants nor they by the Major part in Parliament nor the Major part in Parliament by I know not what Septemvirat There is some mistery in this which seemes yet above if not contrary to nature but since the King hath promised to open it we will suspend our opinion and expect it as the finall issue of all our disputes And pag. 22. We are now at last fallen upon an issue fit to put an end to all other invectives whatsoever let us stick close to it The King promiseth very shortly a full and satisfactory narration of those few Persons in Parliament whose designe is and alwayes was to alter the whole frame of
Thomas Moore then Speaker for the House of Commons made in his Oration to King Henry the eight which I thinke hath been observed by all Speakers that ever were since That if in communication or reasoning any Man in thâ—… Commons House should speake more largely then of duty they ought to doe that all such offences should be pardoned Secondly these Privileges ought not to be destructive to the essence or Fundamentall Ends or righâ—… Constitution of Parliaments and such a Privilege iâ—… that the Observer claimes to be denyed nothing For whereas our Parliament is so sweetly tempered anâ—… composed of all estates to secure this Nation from the evills which are incident to all Formes of Government he that shall quite take His Majestyes negative voice away secures us from Tyranny but leaves us open and starke naked to all those popular evilâ—… or Epidemicall diseases which flow from Ochlocracy as Tumults Seditions Civill Warres and that Ilias of Evills which attends them and seemes to reduce the King be it spoken with reverence to the â—…ase of the old Woman in the Epigrammatist when she had coughed out her two last teeth Iam libere possis totis tussire diebus Nil isthic quod agat tertia tussis habet From hence appeares a ready answer to that question so often moved what great virtue is in the Kings single vote to avert evills from us that an ordinance of both Houses may not be binding to the whole Kingdom without His consent The case is plain it is of no great virtue against the evills of Tyranny but is a Soveraigne Remedy against the greater Mischiefes which flow from Ochlocracy and I trust God will ever preserve it to us Thirdly these Privileges must not transcend the condition or capacity of Subjects by making destructive reservations or so as to deck the Temples of inferiour Persons with the flowers of the Crowne Such a Privilege seemes this to be which the Observer here claimes a Dictatorian Immunity from all question to owe no account but to God and their own Consciences and yet by this new Learning they may take an account of the King What is this but to make Kings of Subjects and Subjects of Kings When some Ancients more skilfull in Theology then in Philosophy or Geography did heare of the Antipodes they reasoned against it as they thought strongly that then there were pensiles homines and pensiles arbores men that did goe with their heads downwards and Trees that did grow with their tops downwards they forgot that Heaven is still above and the Center below but what they did but imagine the Observer really laboureth to introduce to make whole Kingdomes to walke with their Heads downwards and their heeles upwards Fourthly the just measure or standard whereby all Privileges ought to be examined and tryed is not now the Law of Nature which is applyable though not equally to all Formes of Government this were to put the shoe of Hercules upon an Infants foote The Law of Nature may be limited though not contraried by the known Laws and Customs of this Realme as they shall appear by Charters Statutes Presidents Rolls Records Witnesses His Majesty cites a confession of the Parliament it selfe to prove that their Privileges extend not to the cases of Treason Felony or breach of Peace which heretofore hath been the common beliefe of all Men. And it seemes no satisctory Answer to say that therefore they extend not to these Cases because the Houses do usually give way in these cases for them to come to tryall either in Parliament if it be proper or otherwise in other Courts For it is a great doubt how a Commoner in case of Treason can be tryed in Parliament per pares by his Peeres and if it be in their own power to give way or not to give way the Privilege extends to these cases as well as others The case being thus why doe we quarrell one with another why doe noâ—… we all repair to the common Standard that is the Law of the Land and crave the resolution or information of those that are Professors in that study This will determine the doubt without partialiâ—… or blood and he that refuseth it let him be accounted as one that desires not to uphold but subvert the Fundamentall Laws of the Land upon a supposition of Feares and such cases as never happened in the World Now it appeares how the former objection is not applicable to the case in question where the Partyes are Commoners and ought to be tryed by their Peers where His Sacred Majesty is the Informer where the crimes are specified where a speedy tryall according to the known Law is desired where the Partyes themselves out of a love to their Country out of a care to prevent the effusion of Christian and of English blood out of a desire to vindicate their own reputations should themselves become Suiters for a lawfull hearing that they might not still suffer under such a heavy charge at which tryall they may legally plead the Privilege of Parliament if there be any such Lâ—…wfull Privilege Observer But let us consider the Lords and Commons as meer Counsellers without any power or right of counsailing or consenting yet we shall see if they be not lesse knowing and faithfull then other Men they ought not to be deserted unlesse we will allow that the King may choose whether he will admit of any Counsell at all or no in the disposing of our Lives Lands and Libertyes But the King sayes that He is not bound to renounce His owne understanding or to contradict His own Conscience for any Counsellers sâ—…ke whatsoever T is granted in things visible and certain That Iudge which is a sole Iudge and has competent power to see his own judgement executed ought not to determine against the light of nature or evidence of fact The Sin of Pilaâ—…e was that when he might have saved our Saviour from an unjust Death yet upon accusations contradictory in themselves contrary to sâ—…range Revelations from Heaven he would suffer innocence to fall and passe sentence of Death meerely to satisfie a blood-thirsâ—…y Multitude But otherwise it was in my Lord of 〈◊〉 case for the King was not sole Iudge nay He wâ—…s uncapaâ—…le oâ—… sitting Iudge at all c. And therefoâ—…e the King might therein with a clear Conscience have signed a Warrant for his Death though He had dissented from the judgement So if one Iudge on the same Bench dissent from three or one Iuror at the Barre from eleven they may submitt to the major number though perhaps lesse skilfull then themselves without imputation of guilt and if it be thus in matters of Law a fortiori t is so in matters of State where the very satisfying of a Multitude sometimes in things not otherwise expedient may prove not only expedient but necessary for the setling of Peace and ceasing of strife c. Where the People by publick Authority will seek any inconvenience
to themselves and the King is not so much interested iâ—… it as themselves t is more inconvenienâ—…e and injuâ—…ice to deny then grant it what blame is it the 〈◊〉 Prinâ—…es when they will pretend reluctance of Conscience and Reason in things behâ—…vefull for the People Answer That which His Majesty saith that a Man may not goe against the Dictâ—…te of Hi own Conscience is so certain that no Man that hath his eyes in his head can deny it The Scripture is plain he that doubteth is damned if he eate because he eateth not of Faith for whatsoever is not of Faith is Sinne. Reason is as evident that all circumstances must concurre to make an action good but one single defect doth make it evill Now seeing the approbation of Conscience is required to every good action the want thereof makes it unlawfull nor simply in it selfe but relatively huic hic nunc to this Person at this time in this place Therefore all Divines doe agree in the case of a scrupulous Conscience that where a Man is bound by positive Law to doe any Act and yet is forbidden by the Dictates of his own Conscience to do it he must first reform his understanding and then perform obedience And this in case where a thing already is determined by positive Law but in His Majestyes case where the question is not of Obedience to a Law already constituted and established but of the free election or assenting to a new Law before it be enacted it holds much more strongly But yet this is not all there is a third obligation a threefold cord is not easily broken Take one instance the King iâ—…â—…nd by His Coronation oath to defend the Church to preserve to the Clergy all Canonicall Privileges the free franchises granted to them by the glorious King Saint Edward and other Kings Now suppose such a Bill should be tendred to His Majesty to deprive them of their temporall goods as was tendred to Henry the fourth in that Parliament called the Lay Parliament suppose that His Majesty is very sensible of the obligaon of His Oath but sees no ground of dispensation with his oath the Clergy as then Thomas Arundell Arch-Bishop of Canterbury are his Remembrancers and consent not to any alteration what should a King doe in this case in the one â—…cale there is Law Conscience and Oath in the other the tender respect which he beares to a great part yet but a part of his people I presume not to determine but our Chroniclers tell us what was the event then That his Majesty resolved to leave the Church in as good State or better then he found it That the Knights confessed their error and desired forgivenesse of the same Arch-Bishop That when the same motion was renewed after in the same year of his Raigne the King commanded them that from thenceforth they should not presume to move any such matter Even as his Predecessor Richard the second in the very like case had commanded the same Bill to be cancelled Kings then did conceive themselves to have a negative voice and that they were not bound by the votes of their great Councell These grounds being laid the Observers instances will melt away like Winter ice First the Oath and obligation is visible and certain but the dispensation or necessityof alteration is invisible and uncertain Secondly the rule that a man may not contradict his own Conscience for the advise of any Counseller is universall and holds not onely in actions judiciary whether sole or sociall but generally in all the actions of a Mans Life Thirdly the understanding is the sole Judge or Directer of the will the sin of Pilate was not to contradict Revelations which he never had but for fear of complaints and out of a desire to apply himselfe to an inraged Multitude to condemne an innocent Person The â—…bservers instance in the Earle of Strafford might well â—…ave been omitted as tending to no purpose unlesse 〈◊〉 be to shew his inhumanity and despight to the dead â—…shes of a Man who whilest he was living might â—…ave answered a wâ—…ole Legion of Observers and at â—…is death by his voluntary submission and his owne â—…etition to His Majesty did endeavour to clear this â—…oubt and remove these scruples Take the case as â—…he Observer states it yet justice is satisfied by his â—…eath and if it were otherwise yet it is not meet for â—…im or me for to argue of what is done by His Majesty â—…r the great Councell of the Kingdom That rancour â—…s deep which pursues a Man into another World But where the Observer addes That His Majesty was not the sole Judge and that he was uncapâ—…ble of sitting Judge at all I conceive he is much mistaken His Majesty may be Authoritative Judge where he doth not personally sit and the naming of a Delegate or High Steward to be a pronunciative Judge doth not exclude the principall The instance of a Judge giving sentence according to the major number of his Fellow Judges though contrary to his own opinion is altogether impertinent for this is the judgement of the whole Court not of the Person and might be declared by any one of the Bench as well as another Such a Judge is not an Authoritative Judge but proâ—…unciative onely neither can he make Law but declare it without any negative voice The other instance of a Juror concurring with the greater number of his Fellow Jurors contrary to his Conscience is altogether false and direct Perjury Neither of them are applicâ—…ble to Hiâ—… Majesty who 〈◊〉 powâ—…r both to execuâ—…e and pardon It is true necessiâ—…y of Stâ—…te justifies many thingâ—… which otherwise were inexcusable and it is as truâ—… that it is not lawfull to doe evill that good may comâ—… of it His last assertion that where the People by publickâ—… authority will seek any inconvenience to themselves anâ—… the King is not as much interessed as themselves it 〈◊〉 more injustice to deny then grant it iâ—… repugnant to whaâ—… he saith a little after that if the People should be sâ—… unnaturall as to oppose their own prâ—…servation the Kinâ—… might use all possible meanes for their safety and mucâ—… more repugnant to the truth The King iâ—… the Father oâ—… his People he is a bad Father that if his Sonne askâ—… him a stone in stead of bread or a Scorpion in steaâ—… of a Fish will give it him That Heathen was mucâ—… wiser who prayed to Iupiter to give him good thingâ—… though he never opened his lippes for them and to withhold such things as were bad or prejudiciall though he petitioned never so earnestly for them Suppose the People should desire Liberty of Religioâ—… for all Sects should the King grant it who is constituted by God the Keeper of the two Tables Suppose they should desire the free exportation of Arms Monyes Sheep which they say Edward the fourth for a present private end granted to the Kings of Castile
and Arragon and that this should be assented to by the Observers advise would not the present or succeeding Ages give him many a black blessing for his labour God helpe the Man so wrapt in errors endlesse traine First to say that the People mâ—…y seek to obtein â—…heir desires of the Prince by publick Authority 〈◊〉 〈◊〉 too Mâ—…gistrall or flâ—…t no 〈◊〉 a pâ—…rase inuâ—… to English eares Heary the sixt wâ—…s noâ—… Fyâ—…ht nor awefull Soverâ—…igne 〈◊〉 when thâ—… 〈◊〉 and 〈◊〉 presented a just reqâ—…st unto 〈◊〉 â—…ey 〈◊〉 〈◊〉 kâ—…ling upon their knee no siâ—… of Authorâ—…y 〈◊〉 〈◊〉 Secondly the King oâ—…es a strict 〈◊〉 〈◊〉 God of his Government and is bouâ—…d by his Ofâ—…ce to promote the good of His 〈◊〉 To 〈◊〉 〈◊〉 Aâ—… 〈◊〉 may be impeditive to this end 〈◊〉 〈◊〉 â—…isfaction of an humorous 〈◊〉 is noâ—… 〈◊〉 with this Obligation Thirdly His Mâ—…jesty conâ—…eive the thing now desired to be moâ—…e then a â—…ple 〈◊〉 single inconvenience that â—…selfe is deeply inteâ—…essed in it and not himselfe onely but his 〈◊〉 and all succeeding Kings and that it is not the desire of all His Subjects not yeâ—… of the greater â—…art much lesse of the sounder â—…art who 〈◊〉 it and therefore even upon the Observers grounds 〈◊〉 is â—…ot bound to give his assent Observer So much for the ends of 〈◊〉 Power I come now to the true Nature of it publick Conâ—…nt c. Answer We had done with Consent before but now we meeâ—… with it again such Windings and Meaâ—…ders there aâ—… in this Treatise But though Consent be like the titlâ—… set upon the outside of an Apothecaryes box yet iâ—… we look into the subsequent Discourse we shall find little or nothing of it The Observer tells us a long stâ—…ry that after the fall of Adam the Law written 〈◊〉 Mans brest was not sufficient to make him a sociaâ—… ble Creature that without Society Men could 〈◊〉 live and without Laws Men could not be sociablâ—… that without Magistrâ—…tes Law was a voide and vaâ—… thing it was therefore quickly provided that Lawâ—… agâ—…ble to the Dictates of Reason should be ratâ—…fied by common consent and that the execution aâ—… interpretation of those Laws should be intrusted 〈◊〉 some Magistrate To all which I readily assenâ—… witâ—… this animadversion that the rule is not catâ—… pantos or universally true Aâ—… for the order of Lawâ—… or Magistrateâ—… it is confessed on the one side thaâ—… sometimes the People did choose their Magistratâ—… and Law both together and sometime the Law before the Magistrate especially upon the extinctioâ—… of a Royall Family but oâ—…â—…he other side it cannoâ—… be denyed that many times very many times Magisâ—…es did either assume Soveraignty by just Conâ—… oâ—… were absoluâ—…ely elected without any sucâ—… restriction So much the Observer coâ—…fesseth a liâ—… after that in the infancy of the World most Nationâ—… did choose rather to submit themselves to the meere disdiscretion of their Lords then rely upon any limits and be ruled by Arbitrary Edicts rather then written Statutes In which case it is plaine that the Law is posteriour to the King both in order of Nature and of Time The Observer proceeds to shew That intrusted Magistrates did sometimes tyrannize over their People that it was difficult to invent a Remedy for this mischief First because it was held unnaturall to place a Superiour above a Supreme Secondly because the restraint of Princes from doing evill by diminuâ—…ion of Soveraigne Power doth disable them also from doing good which may be as mischievous as the other That the World was long troubled between these extremityes That most Nations did choose absolute Governours That others placed Supervisors over their Princes Ephori Tribuni Curatores which remedy the Observer confesseth to have proved worse then the disease and that the issue of it commonly was to imbroile the State in blood That in all great distresses the Body of the People was constreined to rise and by the force of a Major party to put an end to all intestine Strifes That this way was too slow to prevent suddain Mischiefes That it produced much spoile and effusion of blood often exchanging one Tyranny for another That at last a way was found out to regulate the moliminous Body of the People by Parliament where the People may assume their own power to doe themselves Right where by virtue of Election and Representation a few act for many the wise for the simple That the Parliament is more regularly formed now then when it was cal-called the Mickle Synod or where the reall Body of the People did throng together That the Parliament yet perhaps labours with some defects that might be amended that there are yet some differences and difficultyes concerning it especially the Privileges of it which would be resolved This is the summe of his Discourse here and a little after in the 21. page and the three pages following he falls into a needlesse commendation of the Constitution of Parliaments of their Wisdome and Justice how void they are of danger how full of advantage to the King and People how Princes may have sinister ends but that it was never till this Parliament withstooâ—… that a Community can have no private ends to misleaâ—… it In all which there are not many things to be mucâ—… misliked saving some results of his former false anâ—… seditious Principles as that the People are the Primogenious Subject of Power that the essentiall anâ—… representative Body of the Kingdome are all oneâ—… he might as well say that a whole County and 〈◊〉 Grand Jury are convertible terms To place a Superiour above a Supreme is monstrous and opens 〈◊〉 ready way to an infinite progresse which both Aâ—… and Nature abhorre I joyne with him in this thaâ—… to limit a Prince too far is often the cause oâ—… much mischief to a State But the Observer havinâ—… given a good meale casts it down with his Foot foâ—… after in the 40 page he tels us that the People had better want some right then have too much wrong done them It may be so it may be otherwise but ordinarilâ—… the sufferings of one year in a time of Sedition aâ—… more burthensome to the Subject then the pressures they sustein from a hard Soveraigne in a whole Age. A limited Commission may now and then bring ease to a Society but an unsufficient Protection exposeth them to an hundred hazards and blowes from Superiours Inferiours Equalls Forreiners Domesticks The Observer would have such a Prerogative as hath great power of Protection and little of oppression Can you blame him he would have his fire able to warm him but not accidentally to burn him Protection is the use oppression the abuse of power To take away power for fear of the abuse is with Lycurgus to cut down all the vines of Sparta roote and branch for fear of Drunkennesse By the same reason he will leave neither a Sunne in Heaven nor any Creature
of eminency on Earth If he will have no Bees but such as have no stings he may catch Drones and want his honny for his labour To limit Princes too farr is as if a Man should cut his Hawkes â—…ings that she might not fly away from him so he may be sure she shall never make a good flight for â—…im Saint Bernard tells us a Story of a King who â—…eing wounded with an arrow the Chirurgeons deâ—…ired Liberty to bind him because the lightest moâ—…ion might procure his Death his answer was non â—…ecet vinciri Regem it is not meet that a King should â—…e bound and the Father concludes Libera sit Regis semper salva potestas In two particulars this third Cato is pleased to expresse himselfe he would have the disposition of great offices power of calling and dissolving Parliaments shared betwen the King and the People Yesthe great Offices of the Kingdome and the Revenues of the Church have been the great wheeles of the Clock which have set many little wheeles 〈◊〉 going doubt you not the Observer meant to lick 〈◊〉 own fingers These speculations might be seasonabâ—…e in the first framing of a Monarchy Now when a Power is invested in the Crown by Law and lawfulâ—… Custome they are sawcy and seditious Howsoever his bolt is soone shot He that is wise in his own eyes there is more hope of a Foole then of such a Man Otherâ—…â—…s much wiser then he is almost as he conceives himâ—…lfe to transcend them are absoluâ—…ely of another miâ—… that this were to open a sluce to Faction and Sediâ—…on to rolle the Apple of Contenâ—…ion up and down both Houses of Parliament and each County and Burrough in the Kingdom to make labouring for places packing for votes in a word to disunite and dissolve the contignation of this Kingdom This in Policy They say further that in Iustice If the King be bound by His Office and sworn by His Oath to cause Law Iustice and Discretion in mercy and truth to be executed to His People If he be accountable to God for the Misgovernment of his great Charge that it is all the reason in the World why he should choose his own Officers and Ministers Kings are shadowed by those brazen Pillars which Hiram made for Solomon having Chapiters upon their heads adorned with Chaines and Pomgranates If these Sonnes of Belial may strip Majesty by Degrees of its due Ornaments first of the chaines that is the power to punish evill Doers and then of the Pomegranates the ability to reward good deserts and so insensibly to robbe them of the dependence of their Subjects the next steppe is to strike the Chapiters or Crownes from of their heads But how can this be except all Parliaments were taken as deadly Enemyes to Royalty Still when the Observer comes to a piece of hot Service he makes sure to hold the Parliament before him which devise hath saved him many a blow They that are not haters of Kings may be Lovers of themselves We are all Children of Adam and Eve He would be a God and she a Goddesse His instance that this is no more then for the King to choose a Chancellour or a Treasurer upon the recommendation of such or such a Courtier is ridiculous there His Majesty is free to dissent here is a necessity imposed upon him to grant Yet saith he the Venetians live more happily under their conditionate Dukes then the Turks under their absolute Emperours The Trophees which Rome gained under conditionate Commanders argue that there could be no defect in this popular and mixt Government Our Neighbours in the Netherlands being to cope with the most puissant Prince in Christendom put themselves under the conduct of a much limited Generall which streigthned Commissions have yeelded nothing but victoryes to the States and solid honour to the Prince of Orange Were Hanniball Scipio c. the lesse honoured or beloved because they were not independent was Caesar the private Man lesse succesfull or lesse beloved then Caesar the perpetuall Dictator Whatsoever is more then this he calls the painted rayes of spurious Majesty and the filling of a phantasticall humour with imaginary grandour Whose heart doth not burn within him to heare such audacious expressions yet still he protests for Monarchy A fine Monarchy indeed a great and glorius Monarchy an Aristo-Democracy nicknamed Monarchy a circumscribed conditionate dependent Monarchy a Mock-Monarchy a Monarchy without coercive Power able to protect not to punish that is in effect neither to protect nor punish a Monarch subordinate to a Superiour and accountable to Subjects that may deny nothing a Monarchy in the Rights whereof another challengeth an interest Paramount Quorsum haec he is more blind then a Beetle that sees not whither all this tends To advance King Charles to the high and mighty Dignity of a Duke of Venice or a Roman Consull whilest this Gentleman might sit like one of the Tribunes of the Common People to be his Supervisor It were to be wished that the Observer would first make tryall of this modell of Government in his own House for a yeare or two and then tell us how he likes it That Form may fit the Citty of Venice that will not fit the Kingdome of England I beleeve he hath not carefully read over the History of that State Though now they injoy their Sun-shines and have their Lucida intervalla yet heretofore they have suffered as much misery from their own Civill and Intestine Dissentions as any People under Heaven and so have their Neighbour States of Genoah Florence c. And of Florence particularly it is remarkeable that though their Prince huâ—…band his Territory with as much advantage to himselfe and pressure to his People as any Prince in Europe yet they live ten times more happily now then they did before in a Republick when a bare legged Fellow out of the Scumme of the People could raise Tumults surprise the Senate and domineere more then two great Dukes so that now they are freer then when they did injoy those painted rayes of spurious Liberty If thâ—… Romans had not found a defect in their popular Government they had never fled to the choise of a Dictator or absolute Prince as a sacred Anchour in all their greatest extremityes And for the Netherlands it is one thing for a free People to elect their owne forme of Government another for a People obliged to shake off that Forme which they have elected It is yet but earely of the day to determine precisely whether they have done well or ill The danger of a Popular Government is Sedition a common Enemy hath hitherto kept them at unity and the King of Spaine hath been their best Friend Scipioes opinion that Carthage should not be destroyed was more solid and weighty then Catoes as experience plainly shewed Those Forrein Warres preserved Peace at home and were a Nursery of Souldiers to secure that State When the United
States come to have peace a while then let them take heed of falling in pieces The condition of the English Subject when it was at the worst under King Charles before these unhappy broiles was much more secure and free from excises and other burdens and impositions then our Neighbours the Netherlanders under their States If His Majesty should use such an Arbitrary Power as they doe it would smart indeed I wonder the Observer is not ashamed to instance in Hanniball he knows the Factions of Hanno and Hannibal did ruine themselves and Carthage whereas if Hannibal had been independent Rome had run that fortune which Carthage did How near was Scipioes Conquest of Affricke to be disapointed by the groundlesse suggestions of his Adversaryes in the Roman Senate When he had redeemed that Citty from ruine how was he rewarded Sleighted called to the Barre by a factious Plebeian and in effect banished from that Citty whereof he had been in a kind a second Romulus or Founder but if he had been independent he had been a nobler gallanter Scipio then he was And if Caesars Dictatorship had not preserved him from the like snuffles he might have tasted of the same sawce that Scipio did and many others It is true he was butchered by some of the Observers Sect a Rebell is a civill Schismatick and a Schismatick an Ecclesiasticall Rebell the one is togata the other is armata seditio and some of them as notoriously obliged as Servants could be to a Master but revenge pursued them at the heeles as it did Korah and his Rebellious Crew Zimri Absalom Adonijah Achitophel Iudas c. Frost and falshood have alwayes a foule ending Neither is it true altogether That Parliaments are so late an invention What was the Mickle Synod here but a Parliament what were the Roman Senates and Comitia but Parliaments what were the Graecian Assemblies Amphictionian Achaian Boetian Pan-AEtolian but Parliaments what other was that then a Parliament Moses commanded us a Law even the inheritance of the Congregation of Jacob. And he was King in Jesurum when the Heads of the People and Tribes of Israell were gathered together Here is the King and both Houses with a legislative power Non de possessione sed de terminis est contentio the difference is not about the being of Parliaments but the bounds of Parliamentary Power As Parliaments in this latitude of signification have been both very ancient and very common so if he take the name strictly according to the present constitution of our Parliament he will not find it so very ancient here at home nor a Policy common to us with many Nations yea if the parts of the comparison be precisely urged with none not so much as our Neighbour Nation I pray God it be not some Mens aime to reduce our setled Form to a conformity with some forrein Exemplars But if it be understood to have such a fulnesse of power as he pretends according to his late found out art to regulate the moliminous body of the People it is neither ancient nor common nor ours He may seek such presidents in republicks but shall never find so much as one of them in any true Monarchy under Heaven I honour Parliaments as truely as the Observer yet not so as to make the name of Parliament a Medâ—…saes head to transform reasonable Men into stones I acknowledge that a compleat Parliament is that Panchreston or Soveraigne salve for all the Sores of the Common-wealth I doe admire the presumption of this Observer that dare find holes and defects in the very constitution of the Government by King and Parliament which he should rather adore at a distance as if he were of the posterity of Iack Cade who called himselfe Iohn Aâ—…ead all It is lâ—…wfull for these Men onely to cry out against innovations whilest themselveâ—… labour with might and maine to change and innovate the whole framâ—… of Government both in Church and 〈◊〉 We reade of Philip of Macedâ—…n that he gâ—…thered all the naughty seditiouâ—… fellowes in his Kingâ—…ome together and put theâ—…â—…ll into 〈◊〉 Câ—…y by themsâ—…lves which he called 〈◊〉 or 〈◊〉 Cheâ—…er I wish King Charles would doe the like if a Citty would contein them and make the Observer the head of the Corporation where he might molde his Governmâ—…nt according to hiâ—… prâ—…vate conceit And yet it cannot be denyed but the greatest and most eminent Councells in the World mâ—…y be either made or wrought by their Major Part to serve private endâ—… I omit the Lay Parliament 1404 and Sir Henry Wottons younge Parliament 18. Iacobi our Historians tell us of a Mad Parliament 1258 and the Parliament of Bâ—…tts or Bâ—…ttownes 1426 a kind of Weapon fitter for Cavâ—…leers then peaceable Assemblyes The Statuâ—…es of Oxford were confirmed by the Parliament at Weâ—…minster 1259 and ratified by a course against the breakers of them shortly after the King and Prince were both taken Prisoners yet in the Parliament following at Winchester 1255 all the said Acts were rescinded and disâ—…nulled and the King cryed quittance with his Adversaryes In the raigne of Edward the second after the Battell at Burton we see how the tydes of the Parliament were turned untill the comming of Qâ—…een Izabell and then the Floods grew higher then ever In the dayes of Richard the second how did the Parliamentâ—… change their Sanctions as the Câ—…maelion her colours or as Platina writeth of the Popes after Stephen had taken up the body of Formosus out of his grave It became an usual thing for the Successors either to infringe or altogether to abrogate the Acts of their Predecessors The Parliaments of 1386. and 1388. were contradicted and revoked by the subsequent Parliaments of 1397. and 1398 and these again condemned and disanulled by the two following Parliaments in 1399. and 1400 yea though the Lords were sworn to the inviolable observance of that of 1397 and Henry Bullenbrooke who was a great Stickler for the King in that Parliament of 1397. against the Appealants yet in that of 1399 was elected King by the Trayterous deposition of Richard and the unjust preterition of the right Heires Parliaments are sublunary Courts and mutable as well as all other Societyes If we descend a little lower to the times of Henry the sixt we shall find Richard Duke of Yorke declared the Lord Protector in Parliament yet without Title to the Crown in 1455. Shortly after we find both him and his Adherents by Parliament likewise attainted of High Treason in 1459. The yeare following 1460 he was again by Parliament declared not only Lord Protector but also Prince of Wales and right Heire to the Crown and all Acts to the contrary made voide and the Lords sweare to the observance thereof It rests not here the very next year 1461. his Sonne Edward the fourth not contented to be an Heire in reversion assumes the Imperiall Diadem and in Parliament is received actuall King The end is
not yet ten yeares after this 1471 King Henry is admitted King by Parliament again and King Edward attainted of High Treason declared an Usurper and the Crown intailed upon King Henry and his Heires Males and for want of such issue to George of Clarence and his Heires But this lasted but a while disinherited Edward and Clarence are reconciled and the very next Yeare Edward is Crowned again and received King in Parliament You see here Signa pares aquilas peila minantia peilis Parliaments against Parliaments and this in that very question which you say is properly to be judged by Parliament who is the right King When the election is not of a particular person and his Heires but of a Person and his Family so as the People have liberty to elect whom they please of that stock as it was long since in Scotland till it was rescinded by Act of Parliament to take away those storms of discord and Faction which it raised The Parliament was the most proper Judge who should succeed but where the Crown is hereditary there needs little question of the right Heire which for the most part every Country Man knows as well as the great Councell of the Kingdome How easily were Queens raised and deposed in Henry the eights time by Authority of Parliament Adde to this with what facillity Religion was reformed in part by Henry the eight more by Edward the sixt altered by Queeen Mary restored again by Queen Elizabeth all this by Authority of Parliament within the compasse of a few yeares and it will evidently appear out of all that hath been said that Parliaments are not excepted from the defects of all humane Societyes Nescience Ignorance Feare Hope Favour Envy Selfe-love and the like That they may erre both in matters of Fact and in point of Right That it is the incommunicable property of God alone to be the same Yesterday to Day and for Ever That though we owe a tender respect to Parliaments yet we may not follow their directions as infallible nor resolve our reason into their meere Authority as if their sole advice or command were a sufficient ground for our actions which is the maine scope which this Iehu our Observer doth so furiously drive at in all his writings That no evill is to be presumed of the representative Body of the Kingdom And so farre he is right it ought not indeed to be presumed without proofe But he goes further that it may not be supposed or admitted It is of dangerous consequence to suppose that Parliaments will do any injustice it looseth one of the firmest sinews of Law to admit it But such Communities can have no private ends What had the Shechemites by the suggestion of a worthy Member of their Citty Or the Brethren of Ioseph If any Man boggle at it may he not be overvoted or overawed as Reuben was What ends had the Romans when they made that arbitriment quod in medio est populo Romano adjudicetur What had the whole Citty of Ephesâ—… being perswaded by Demetrius and his Craftsmen that there was a strange plot against Diana The High Priests and Scribes and Elders and if you adde to these Pilate Iudas the Souldiers and the Divell all had their private ends The High Priests and Elders to satisfy their envy Pilate to keep his place Iudas to get the thirty pieceâ—… the Souldiers for Christs Garments yet all these concurred in a generall designe to take away Câ—…rist Which shews us thus much That a Community may have private ends yea and contrary ends all teâ—…ding to mischief though upon contrary grounds and yet all agree well enough so long as they keep themselves in a negative or destructive way I intend these instances no further then to shew the weaknesse of the Observers grounds Parliaments are more venerable yet till this corruptible have put on incorruption private ends will seek to crowde into the best Societyes When a Bill was tendred to Richard the second to take away the temporalties of the Clergy there was old sharing And Thomas Walsingham saith he himselfe did heare one of the Knights sweare deeply that he would have a thousand marks by year out of the Abby of Saint Albons The very like Bill was put up to King Henry the fowerth with this motive or addition That those temporall Possessions would suffice to find an hundred and fifty Earles fifteen hundred Knights six thousand and two hundred Esquires and an hundred Hospitalls more then there was in the Kingdome it had been a great oversight if they had not stuck down a few feathers Do you not see private ends in those dayes but even then they found themselves mistaken in their accounts And now when the Lord Verulam and sundry others of our most eminent Countrymen have acknowledged I have heard the very same froâ—… Sir Edâ—… Sands that all the Parliamentâ—… since the 27. and 31. of King Henry the eight seem in some sort â—…o stand obnoxious and obliged to God in Conscieâ—… to 〈◊〉 somewhat for the Church to reduce the Patrimony thereof to a competency Now I say when the Temporaltyes of the Clergy are so inconsiderable in comparison of the Honour of the Nation and the Order of the Church and so unable to satisfy the appetite and expectation of 〈◊〉 in so much as I dare speak it confidently that all the Temporaltyes of the Arch-Bishops Bishops Deanes Arch-Deacons Deanes and Chapâ—…ers Prebenâ—… Petty Canons Vicars Chorall which are recited in folio to make a shew and of all the Ecclesiasticall Dignitaâ—…yes and Corporationâ—… whatsoever let them take Masters of Hospitalls in to booâ—… except the two Universityes and 〈◊〉 of Benefices with cure do not all amount in penny rent to the Revenues of some two Earles Such a proposition seems now to be much more unseasonable then it was then yet even then the Bill was commanded by the King to be cancelled I confesse the true and uttermost value may be double or triple to this but what is redundant above the rent is in the hands of the Gentry and Commons who will think much to lose either their Interest or Tenent-right I confesse likewise that besides their Temporaltyes they have Spiritualtyes consisting of Tithes and Oblations but to think of taking these away also will highly displease their Leaders of the old Edition Heare the humble 〈◊〉 It is the duty of the Commonwealth to convert those things which by their foundation were meant to the service of God to that very use that Reformation be not rather thought a baite to feed our bellyes then to proceed of godly zeal He calls it a plaine mockery of God a scorn of Godlinesse the most Divellish Policy in the World that upon pretence to further Gods Service Men should rob and ransack the Church To the same purpose Mr. Cartwright This is our meaning not that these goods should be turned from the Possession of the Church to the filling
of the Barons Wars we should expect the Commons Warres yet generally the English Nation delights not so much in Democracy as the Observer doth and a more gracions King they could not have whose death would have dissolved many mens hopes Howsoever as King Alphonsâ—…s answered his Phisitian when he perswaded him not to handle the works of Livy which were sent unto him by a great Florentine for fear of poyson The Lifes and Soules of Kings are secure under the providence and protection of God or as a Traytour answered the King of the Danes That he wanted neither mind nor sufficient meanes to have effected his intentions but the assistence and concurrence of God was alwayes wanting Which was verified in a conspiracy against King James when the Murderer smitten into an amazement by Gods just judgement could neither stirre hand nor foot It follows How should this administer to the King any grounds to levy guards at Yorke c. Did the King without fear treat with Sir Iohn Hotham as a Traytour in the face of his Artillery and offer to enter Hull with twenty horse unarmed and continue such a harsh Parley so many houres and yet when he was in Yorke in a County of so great assurance could nothing but so many Bands of Horse and Foot secure him from the same Sir Iohn Hotham I wonder the Observer doth not blush to be His Majestyes Remembrancer how much he descended from his Royall State that day in his attendence so many houres and his courteous proffers Is it because he thinks good Subjects take delight to hear of such an audacious affront put upon their Soveraigne Or of that base scandalous picture so much gazed at in Forrein parts of Sir Iohn Hotham standing aloft armed Cap aâ—…pe incircled with Gallants and great Ordinance like another Achilles Impiger iracundus inexorabilis acer Whilest His Sacred Majesty was pictured below like a Chancery Petitioner with his hat in his hand pittyfully complaining and suing to Sir Iohn for admission But the King called Sir Iohn Traytour and gave him harsh language Did he so you may remember what Philip answered for the Macedonians when some of his own wicked instruments complained they called them Traytours that his Countrymen were plain dealing men to call things by their right names and could not for their lifes think one thing and say another If Philip a Prince benefited by those Creatures pleaded so for his Subjects why might not King Charles who was injuried and a loser have leave to speak for himselfe to his own Subjects But if the King were so confident there why did he raise Forces at Yorke a place of more assurance First shew us your Commission to take his Majesties answer or at least tell us why Sir Iohn began to raise Forces first His Majesty is authorized by God and the Law to raise Forces and owes no account to the Observer And to His Majestyes confidence then and diffidence after I can say nothing positively if it were in another case there might be sundry reasons given Perhaps the second cogitations are the sounder or Men may hope for better measure then they find or the latter day is a Scholler to the former or a Man may desire to surprise him and cannot whom he hath no desire to kill if he could or Mischiefe growes not to maturity in an instant but by Degrees But The King might have prevented this repulse by sending a Messenger before hand or by comming without such considerable Forces in so unexpected a manner How considerable His Majestyes Forces were and what was His manner of comming to Hull Himâ—…elfe hath published in a true satisfactory Declaraâ—…ion long since if it had been otherwise how could â—…is Majesty imagine or expect such a repulse against â—…ll Laws beyond all presidents An impartiall man â—…ould rather thinke that Sir Iohn Hotham should â—…ave taken it to heart that His Majesty should so â—…arre suspect his Loyalty as to send such a Message â—…efore him This is certain if there were an omisâ—…ion in point of discretion or good manners it was â—…n Sir Iohn Hothams part who was privy to his own â—…esolutions and though he hâ—…d forgotten his Allegiance yet in point of Courtesy he ought to have given His Majesty a fair advertisement It is very hard the Observer should goe about to reduce his King to the condition of an ordinary Passenger that must send his Harbinger before to try whether he may have enterteinment at his Inne or nor Nondum finitus Orestes His circumstances are not yet done He addes the things remaining at Hull in the Kings trust for the use of the Kingdom were Arms by consequence of more danger then other kind of Chattells If I intrust my cloake to anothers custody I may not take it again by force but if it be my sword and there is strong presumption that it may be drawn upon me I may use any meanes to secure it I wish all the Observers Faction had been of his opinion in one point His Majesty and many of His good Subjects have been plundered deepely and have had both their Cloaks and their Coates c. taken away by force wherein they challenged a right of interest which is more then trust Still the Observer builds upon his former extravigants His Majesty is not Rex ad placitum one that hath meerely the custody of Regall power as the Lord Keeper hath of the great Seale or as the Observer may give his Cloake to his Neighbour to hold but he is the very owner and Possessor of Soveraignty to him and to his Heires and this not by the antecedent trust nor by the guift of the People but by the goodnesse of God It would be known what presumptions the Observer had that the sword should be drawn upon him except he that hath given his Superiour a boxe on the eare may lawfully disarm him when he hath done for fear least being provoked he should strike again The Observer intimates no lesse Whether is more probable at this time that the King is incensed against the Parliament or the Parliament against the King That very Argument which he useth here is sufficient to convince himselfe What is the thing deteined The Magazine To whom doth the right of Armour belong To the King alone and not to the Parliament witnesse a Parliament it selfe 7. Edvardi primi much lesse to the Observer or Sir Iohn Hothâ—…m Uzza was smitten dead for presuming but to take hold of the Arke of God God will rather have the Arke of the Church or Commonwealth to shake and totter under his own immediate protection then to have such men presume to lay hold on it who have no calling from him There is onely one saving circumstance left behind Heare it The Kings interest in Hull is not such an in terest as in other movables neither is the Kings inteâ—…est taken away the same things are reserved for him in better
hands and if it were the same yet the State hath an interest Paramount in cases of publicke extremity The State hath an interest Paramount what State have we any State in England without the King the Observer is still in his old dreames Well what is the interest of this imaginary State an imaginary interest An interest Paramount in cases of extremity What a mixture of pleas is here extremity is the plea of private Persons In case of extremity where a Man can not have recourse to the Magistrate every Man becomes a Magistate to himselfe an Interest Paramount is the right of Superiour Lords But first here was no such extremity if there had still his plea is starke naught necessity doth arme a private Man against a Thiefe but not authorize a private Man to disarme a lawfull Magistrate His other plea of an interest Paramount is well worse If the People to comply with his own sense have an interest Paramount in whatsoever the King holds either jure Coronae or jure Personae then they are the Soveraigne and he but a Subject But it was reserved for him in better hands Reserved for the King how doe you meane as Tophet is said to be prepared for the King that is to shoot at the King at Edgehill or elswhere otherwise I do not see how it was reserved for the King This plea or the like might serve a highway Robber or any Oppressor to say it is taken into more needfull hands or into their hands that knew better how to use it or that it was but borrowed and should be repayed at the Greek Calends None so fit to judge in what hands a thing should be kept as the true owner of it But the Kings right is not the same in Hull that it is in other moveables True he hath not the same right of property or possession to sell it or give it but he hath a right of Dominion and Soveraignty protection which is altogether inconsistent with his exclusion or shutting out of Hull If he be held out of it by force he is a King de jure but not de facto even as he is King of France or at least of Normandy Aquitaine c. or as the King of the Romans is King of Rome The King hath another interest in Hull beside that of Dominion other Townes are indebted to the King for their Protection but this Town for its very Foundation The Crown purchased it when it was capable of nothing but heards of Cattell and flocks of sheepe The Crown builded it the Crown indowed it with Privileges Possessions made it a distinct County and able to support such a Dignity the Crown fortified it and made it so strong as it is and was all this done with an intent to be thrust out of it O that Edward the third who builded it or Henry the eight who fortified it with Blockhouses were but in it for a day or two with a Regiment of their old Cavaleers to try who should be King of Hull and Humber The proper name of it is not Hull but Kingston upon Hull The Observer doth well to decline the right name for according to his notions it may be called Kingston per Antiphrasin because it is none of the Kings Town If the circumstances will not justify the action the Observer flyes to the Common Sanctuary of Transgressours a good intention so he goes on The next thing considerable is the Parliaments intention If the Parliament have hereupon turned any of the Townes Men out of their estates or claimed any interest in it themselves or have 〈◊〉 the King utterly denying his right for the future or have made any other use of their possession but meerly to prevent Civill War and to disfurnish the Kings Souldiers of Arms and Ammunition Let the State be branded with Treason but if none of these things be by any credit though their Enemies should be Iudges the essentiall property of Treason must needs here be absent in this Act. There needs no Enemies to be made Judges if it were before a Court of Areopagites this plea would be laughed at or hissed out of Court How shall we judge of Mens intentions best by their words or by their actions Who ever Proclaimed in the Streets that he had rotten Wares to sell Who ever confessed that his meaning was naught Mens intentions may be pleaded at the Barre of Conscience before God for mitigation not at the Barre of Justice before Man for Justification Neiâ—…s it likely that Sir Iohn and his Partners had all the same Intentions their Actions speak their Intentions sufficiently And admitting their Intentions were good yet that cannot justifie an unlawfull Action They shall put you out of the Synagogues yea whosoever killeth you will think he doth God service Those Persecuters had good Intentions but their Actions were starke naught You saâ—… they claimed no Interest yet your selfe claime an Interest Paramount for them You say they disseised not the King because they denyed not His Right for the future as if there might noâ—… be a disseisure without such a deniall You say they made no other use of the possession The Inhabitants say they mâ—…de oâ—…her use of their Houses and dwelt in them They made other use of their Victuals and payd not for them The Merchants say they made other uses of their Wines Spices and Wares and sold them and tooke Money for them The Countrymen say they made other use of themselves and their Servants and their Goods and disposed them as freely as if they had been their own The whole Country complains That Hull hath been used as a Nest and Refuge for seditious Persons A Seminary of Warre to the great dammage of the Subject thereabouts besides all the blood that hath been spilt upon that occasion Whom shall a Man trust the Townesmen or the Observer But you say They turned none of the Townesmen out of their Estates Perhaps not so soon as you Writ Either there are Lyars or some Mens eyes were more upon Yorkminster and Cawood-Castle then upon Hull or any Houses in Hull But since that Faction hath turned out whomsoever they either disliked or suspected and have seised Mens Estates at their pleasure and sent out their Emissary Legions roming and Plundring about the Country as if Sathan were sent out from the face of the Lord to scourge the World Trojan or Tyrian Papist or Protestant all was fish that came to their Netts And if there can be no forgivenesse of sinne without restitution some of them have a great account to make either in this World or in the World to come He tells us this was the onely means to prevent Civill Warre and to disfurnish the Kings seducers of Arms and Ammunition But the truth is this hath been the onely Source and Fountain from whence all our Civill Warres have sprung Whether the King or Kingdome have been seduced and by whom the God of Heaven will
bear the same name with the whole so he may give the Authority of Parliament to a particular Committee or perhaps to a particular Member He saith it is virtually the Kingdome Not so it is virtually the Commons of the Kingdom not to all intents neither but to some purposes He addes that it is the great Councell of the Kingdom to which it belongs to provide that the Commonwealth receive no prejudice It is a part of the Great Councell and should provide for its safety as the grand inquest doth for the whole County by finding out the dangers and grievances and proposing remedyes but to prattle of a Majesty or plenitude of Soveraigne Power derived now at this time of the day from the People is to draw water out of a Pumice or to be mad with reason I have now answered all that the Observer hath brought throughout his Booke either concerning Hull or Sir John Hotham Now will he heare with patience what Hull Men say They say that Sir John hath been a prime occasion of these Distempers as the most severe and zealous Collector of Ship-mony that ever was in his Sheâ—…ivealty a president to the rest of the Kingdome not onely an Executor of the commands of others but also a Plotter and Contriver of this businesse That he hath had not 〈◊〉 Moneths mind but sixteen yeares mind to the Government of Hull ever since the Wars with Spain upon all occasions and as an introduction to his designes hath gotten the Traine bands of Hull added to his Regiment That his Friends have been the Raisers and Fomenters of these Feares and Jealousies of the surprising of Hull sometimes by the Lord of Dunbarres Men that were trained under ground surely they were not men but Serpents Teeth that should be turned into armed Men sometimes by Mr. Terret a Lincolnshire Gentleman and his Troopes of Horse a fine devise indeed to have surprised Hull on a suddain with horse and with horse from Lincolnshire who knows how they should have got over Humber unlesse they were winged They say that before ever the Kâ—…ngdome took any notice of a breach between the King and the Parliament Master Hotham openly divided them at Hull They that are for the King stand there and they that are for the Parliament stand here did he know nothing then judge you They tell who it was that threw away His Majestyes Letter in scorn and told the Major of Hull it was worth nothing who it was that commanded the Burgesses upon pain of Death to keep in their Houses and not to appeare when His Majesty repaired to Hull who it was that caused the bonefires to be put out upon the day of His Majestyes inauguration upon pretended fear of the Magazine whereas at the same time his Souldiers had a great fire under the very Walls of it who it was that desired of the Townes Men of Hull a certificate to the Parliament that His Majesty came against Hull in an Hostâ—…le manner with greater numbers then he had which was refused by the greater and sounder part as good reason they had both because it was untrue and also because during all the same time they were confined to their Houses upon pain of Death who it was that administred an Oath or Protestation to the Townes Men of Hull so directly opposite both to their Oath of Allegiance and to the Oath which they take when they are admitted Burgesses or Freemen of that Corporation They say Mr. Hothams Motâ—…o of his Cornet is For the publick liberty but that it was not for the publick Liberty either for him to promise the Townes men that none should be troubled with billeting Souldiers against their wills and so soon as he was gotten into Hull to fill their houses with Billiters and tell them it was Policy of State to promise fair till they were in possession or for his Father to hold a Pistoll to the brest of the Kings Lieutenant to beate and imprison their Persons to banish them from their habitations to drown their Corne and Meddow to burn their Houses to robbe them of their goods and allow the owner but ten pounds out of a thousand for the maintenance of himselfe his wife and Children to suffer his Officers to charge an honest Woman with fellony for comming into her own house because her Husband was a Delinquent and Sir Iohn had disposed his goods If you desire to know where was the first forcing of billets it was at Hull where was the first plundering of goods at Hull the first drowning of Grounds at Hull where was the first burning of Houses at Myton neare Hull where was the first shedding of blood at Anlaby near Hull and to aggravate the matter in a time of Treaty and expectation of Peace They say the first men banished from their Habitations were Mr. Thornton Mr. Cartwright Mr. Perkins Mr. Faireburne Mr. Kerny Mr. Topham Mâ—… Watson Mr. Dobson of Hull They say the first Impositionof four pound a Tunne upon some kind of Commodityes was at Hull and wish that the Father had been translated into Lincolnshire with the Sonne that Yorkeshire might have sung Laetentur Caeli c. You have seen what they say whereof I am buâ—… the Relater if it seem too sharpâ—… blame the Pellicaâ—… and not me Now I must crave a word with the Towne Besides the oath of Allegiance which every good Subject hath taken or ought to take every Burgesse of that Town takes another Oath at his admission to keep that Towne and the Blockhouses to the use of the King and his Heires not of the King and Parliament I cannot now procure the Copy to a word but I shall set down the like Oath for Yorke and of the two the oath of Hull is stricter I desire the Londoners and all the strong Townes in the Kingdom who I conceive have taken the same form of Oath to take it into serious consideration for their Soules health This heare ye my Lord Major Mr. Chamberlenâ—… and good Men that I from hence forth shall be trusty and true to Our Soveraigne Lord the King and to this Citty And this same Citty I shall save and maintein to our said Soveraigne Lord the King His Heires and Successors c. So helpe me God The Oath beginnes as solemnely as that of the Romane Faeciall Heare O Iupiter and thou Iuâ—… Quirinus thou c. And being affirmative though it bind not a Townes-man ad semper to be alwayes upon the Walls in Arms yet it binds him semper to be ready upon all necessityes it binds him never to doe any thing that may be contrary to his Oath And was not that Protestation contrary which was by Sir Iohn Hotham imposed upon the Inhabitants of Hull and by them taken Forasmuch as the King being seduced by wicked and evill Counsell intends to make Warre against this Towne of Hull who have done nothing but by Order of Parliament We therefore whose names
are here under written doe protest before Almighty God and all good Christians to be ready with all cheerfullnesse and willingnesse to our powers with our Lifes and Estates to defend the same against all opposition whatsoever Observe first what Gudgeons he makes them swallow How doe they know that the King is seduced Sir Iohn tells them so Or that His Majesty intended to make Warre against Hull unlesse because their Consciences told them they had given him just grounds to doe so It was Sir John Hotham not the Town of Hull which was accused by His Majesty Observe how he makes his act the act of the whole Town who have done nothing and yet they poore men were mued up in their Houses whilest it was a doing Lastly how they affirme that he hath done nothing but by order of Parliament yet it is certain many who were require to protest and were banished for not proâ—…esting I believe not one of them all did ever yet see this Order how could they see that which never was for these men to know that he had an Order to know that he did not exceed his Order is miraculous Upon these feined grounds they build their solemne Protestation what to doe To defend Hull against all opposition whatsoever His Majesty is not excepted and the first words For as much as thâ—… King being seduced c. shews that His Majesty is principally intended To save and defend the Town to Our Soveraigne Lord the King and His Heires So saith the Oath To defend it against all opposition whatsoever yea of the King seduced so saith the Protestation Now if these two be not repugnant directly one to another if every man that hath taken this Protestation be not directly perjured Reddat mihi minam Diogenes Let him that taught me Logique give my mony again What is this but to intangle and ingage God in Rebellion and to put his broad Seale to Letters counterfeited by themselves They suffered much who were banished for not protesting but they more who stayed at home with such hazard of their Soules Some men may be so silly as to aske whether of these two ingagements the Oath or the Protestation ought to be kept The case is clear the former Obligation doth alwayes prejudge the latter the latter Will is best but the first Oath The Protestation is plaine perjury and to persevere in it is to double the sinne Dura promissio aecerbior solutio to make the Protestation was ill to keep it is worse David protested as much against Naball yet upon better consideration ensem in vaginaâ—… revocavit he retracted it Secondly an Oath made by one that is not sui juris who hath not power over him selfe in that which he sweares is voide even when it is made As for a Child or a Wife to sweare against their Filiall or Conjugall Duty or for a Subject to sweaâ—… against his Allegiance and such an one was that Protestation this is sufficient to make it voide To which much more might be added as that the former Oaths were grounded both upon a naturall and a civill Obligation were freely assumed but this Protestation was meerely forced the former were taken before a lawfull Magistrate the latter before an Intruder who had no power to administer such a Protestation But I have dwelt long enough on this point I wish our great Citties who have taken the like Oath may lay it to heart In the close of this point the Observer tells us that if Faux had fallen by a private mans sword in the very instant when he would have given fire to his train that act had not been punishable What then will he compare the Soveraigne Magistrate to a Powder Traytour or his undermining the Parliament House with the Kings repairing to his own Town or his blowing up His Majesty and the Peeres with the Kings requiring his own goods This is false and painted fire the traine was laide the other way Quicquid ostendat mihi sic incredulus odi The next considerable Observation is concerning Ireland A Tragicall Subject which may justly challenge our teares and prayers The Observer falls upon this in the 17. 29. and 36. pages of this Treatise and likewise in his Observator defended and other Discourses lately published either without a name or under another name The condition of Ireland is so much the more to be deplored by how much the lesse it could then be expected when Religion began to shew its beames over the face of that Kingdom yea without any pressure to the Conscience of any man except such as were introducers of innovations into the publike service of the Church when the Law had obteined a free current throughout the whole Island when the scale of equity gave the same weight to Gold and Lead and the equall administration of Justice to Rich and Poore did secure the inferiour Subjects from oppression when there was a dayly growth of all Arts and Trades and Civility when that which was formerly so great a burthen to this Crown in the ordinary accounts every year was now become able not onely to defray its own charge but also make a large supply to His Majestyes Revenue when all the orders of that Kingdom had so lately given an unanimous expression of their Zeal and Devotion to His Majestyes Service That on a suddain the Sky should be so totally overcast with a pitchy cloud of Rebellion That all our fairest hopes should be so unexpectedly nipped in the bud deserves a little inquisition into the true reason of it Some who have long since learned that a dead man cannot bite are bold to cast it on the Earle of Straffords score how justly let these two considerations witnesse First that the prime Actors in this Warre were as great opposers and Prosecutors of the Earle Members of the same Faction may feine quarrells among themselves in publike only to gain upon a credulous party and to inable themselves to doe more mischief but this never proceeds so far as blood Secondly looke who they are in Ireland whose Heroicall actions in such a scarcity of necessary supplyes have mainteined the English and the Protestant cause and you shall find very many of them the intimate Friends of the Earl of Strafford and principall Commanders in the Irish Army called the Popish Army which was said to be intended against England if you inquire further into the long Robe for Counsell you will find the same observation made good Then let the Earles ashes rest in peace for this Others bred out of the excrements of those Giants who made Warre against Heaven cast this upon his sacred Majesty To use the Observers words An absurd unreasonable incredible supposition That he who may boast more truely then Pericles could upon his deathbed that never one Athenian did wear black for his sake Now as if all his former goodnesse were but personated or Neroes Soule had transmigrated into his Body should delight
in the blood and slaughter of his Subjects To what end to exhaust his Treasure lose his Revenues weaken his Friends deprive himselfe of the certain assistence of his Subjects at a time when he conceives it to be so usefull for his affaires They had need be strong proofes indeed that can incline the judgement of any rationall Man to such a senselesse Paradox Let us view them First The Rebells said so They pleaded the Kings Authority They called themselves the Queenes Army Is not this a doughty Argument By the same reason we may accuse Christ as the Patron of all Schismaticall Conventicles because they say here is Christ and there is Christ some out of a credulous simplicity others out of a deep subtlety or ascribe the Primitive Haeresies to the Apostles because the false Teachers did use their names to make their Haeresies more current So Sir Iohn Hotham and Serjeant Major Skippon doe pretend the Authority of King and Parliament the King disclaimes both the one and the other many who are now in Arms against the King do verily beleeve they fight for the King against some bad Counsellers whom they cannot name The same Rebells sometimes pleaded an Ordinance of Parliament Nothing is more usuall with Pirates then to hang out a counterfeit Flagge A second reason is Sundry Commanders of note were passed over into Ireland by his Majestyes warrant who were seen presently after in the head of the Rebells His Majesty hath long since answered this and demanded reparation of such a groundlesse Calumny I onely adde two things The one how ignorant our intelligencers are of the State of Ireland to fein such a devise of a Brother of Sir George Hamletons yet Sir George hath no Brother there but Sir Fredericke who was then and long after in Manour Hamleton as opposite to the Irish Rebells as the Observer himselfe The other is if this were true yet it were but a poor collection There are many who have had not onely Warrants under the Kings hand but Letters Patents under his Broad Seale who owe their very subsistence to His Majestyes bounty yet have made a shift to creepe from his bosome out at his sleeve If such a thing had been as it is an impudent Fiction yet these are neither the first nor the last that have betrayed the trust of a Gracious King The third and last reason is because His Majesty was not so active to represse this insurrection nor so ready to proclaime them Traytours so the Observer He that will not accuse the King of zeal against the Irish Rebells yet he may truely say there is not the same zeal expressed that was against the Scots c. The proffered supplyes of the English and Scottish Nation are retarded opportunityes neglected nice exceptions framed This plea is pertinent to make the King though not the Contriver yet the Conserver of that Rebellion but is as false as the Father of Lyes from whom it proceeds Hear His Majesty himselfe The Irish Rebells practise such unhumane and unheard of outrages upon our miserable People that no Christian care can hear without horrour nor Story paralell And as we looke upon this as the greatest affliction it hath pleased God to lay upon us so our unhappinesse is increased in that by the distempers at home so early remedyes have not beene applyed to those growing evills as the necessity there requires And we acknowledge it a high Crime against Almighty God and inexcusable to our good Subjects if we did not to the utmost imploy all our powers and faculties to the speediest and most effectuall assistence and protection of that distressed People He conjures all His loving Subjects to joyne with him in that Worke He offers to hazard his sacred Person in that Warre To ingâ—…ge the revenues of his Crowne what can the Observer desire more perhaps he may say these Offers came late and unseasonably Then let us looke backward to His Majestyes Proclamation of the first of Ianuary 1641 soon after his return from Scotland in a time of so great Distractions here at home when that Remonstrance which ushered in all our Feares and Troubles was ready to be published Let them shew that any Course was presented to His Majesty before this either by his great Councell to whom he had committed the care of it or by his Lords Justices and Councell of Ireland who were upon the place We abhorring the wicked Disloyalty and horrible Acts committed by those Persons do hereby not onely declare our just indignation thereof but also do declare them and their Adherents and Abetters and all those who shall hereafter joyne with them or commit the like acts on any of our good Subjects in that Kingdome to be Rebells and Traytours against our Royall Person and Enemyes to our Royall Crown of England and Ireland c. Commanding them to lay down Arms without delay or otherwise authorizing and requiring his Lord Iustices there and the Generall of His Majesties Army to prosecute them as Traytours and Rebells with fire and sword But if we look further still when the first tydings of this cursed Rebellion came to His Majesty in Scotland he did not sleep upon it but presently acquainted both His Parliaments with it required their assistence recommended it to their care promised to joyn in any course that should be thought fit Neither did His Majestyes care rest there but at the same time he named six or seven â—…olonels in the North of Ireland to raise Forces instantly to suppresse that insurrection which was done accordingly and they say if some had been as active then as they were made powerfull by the confluence of that part of the Kingdome in all probability that Cockatrice egge had been broken sooner then hatched before that ever any of the old English and many of the meer Natives had declared themselves In pursuance of these premises when the Act for Undertakers was tendered to His Majesty he condiscended freely to give away all his Escheats to this Worke an Act not to be paralelled among all his Predecessors yea though some clauses in that Statute especially for the limitation of His Majestyes Grace might seem to require a further discussion The wants of Ireland and the present condition of England doe speak abundantly whether those great Summes of Mony or those great Forces raised for that end have been imployed to the use for which they were solely designed yet Rabshekeh will not want a pretext to raile aâ—… good Hezekiah though Spider like he suck poison out of the sweetest Flowers Surely there must be some fire whence all this smoake hath risen Perhaps they conceive that His Majesty was not willing without good advise upon the first motion to put all his strong Forts in the North of Ireland into the hands of the Scotch Army can you blame him considering the present State of Affaires there I dare referre it to any mans judgement that is not wholy prepossessed with