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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A75367 Animadversions upon those notes which the late Observator [i.e. Henry Parker] hath published upon the seven doctrines and positions which the King by way [of] recapitulation (he saith) layes open so offensive 1642 (1642) Wing A3210A; ESTC R42645 18,763 16

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Pauls Ruler may be a torror to good and a cherishing to evill workes but by Right he ought not to be so Our Law sayth Our King rather ought not in Right than that de Facto he cannot doe injustice For we know there have been both unjust Kings and ill Rulers But least there should be such Scripture it selfe as well as our Parliament doth endeavour to binde them from exercising ill As Deut. 17. ver 18 19 20. The King shall have a booke to learne to keepe the Law and to doe according to it least his heart be lifted up above his brethren And Ezech. 46.18 The Prince may not take of the peoples inheritance by oppression and thrust them out of it but shal be content with his own possession least other men be scattered from their possessions Wherein then hath the Parliament denyed the King that due which St Paul allowes his Ruler Who he saith as is very observable through the whole Chapter that he may be a Minister to us onely for good And to keepe the Parliament even with St Paul What else doth it hazard it selfe for but for refusing to favour the King in an uncircumscribed power of doing ill Which facultie he vindicates to himselfe irrestrainably And that by vertue of some Right and enlargement of Law and Religion even to doe all manner of ill if so be he shall ever be pleased so to doe Moreover St Paul hath not nor could any where repeale the lawes of nature so that if the Parliament in its case hath neither declin'd them nor our own Originall Contracts nor the present interest of State nor St Paul Then I hope it hath kept it selfe consonantly to Law and Religion Out of all this with what followes in the sixth Position wee may easily answer to the Animadversors Objection of Resistance For out of those premisses it appeares That in the King there are two things onely First His Person Secondly His office authoritie or as St Paul calls it his Power For his person we hold it alwayes inviolable For his power or office because St Paul sayth it respects us onely for good us very reasonable that we apply our selves in obedience to that for our owne sakes as well as for his But the Court Parasites they are not content with this distribution but adde to the person and power or office of a Prince that which they call The will or pleasure of a Prince or rather they marry the power or office of a Prince to his Will And so by that subtill conjunction they proving them all one Quia omnis potestas est voluntatis then they aske us the Question Whether we are not equally bound to obey the one in all latitudes as well as the other As if we had contracted for the evill as well as the good and that as it should seem best to the Prince we contracted with But to that we clearlier answer That because the will lies under an indifferency of commanding the ill as well as the good we may lawfully embrace that part and power onely of his will which is to good as St Paul saith which indeed is the very essence of his power and makes him a King and we may reject the other which makes him a bloudy Tyrant Yet not so as to violate his person in any case no more than David would King Saul but preservatively to thrust as farre from us as we are able all other bloud-suckers who are forward to execute on us his ruining commands because in such a case he contracts his own ruine as well as ours and is supposed to be in a distemper and in stead of a wholesome potion to call for poyson which I thinke no good or honest Physitian would obey but rather resist those that would obey him Wherefore in these considerations it is not here as the Animadversor saith of the Parliament Nolumus hunc regnare super nos but Nolumus hos destruere nos But of this in the sixth Position And for this hath been asserted I know I quote our owne Gracious Prince who hath been pleased thus to indoctrinate us in his severall Protestations of venturing his own life to preserve us in the fruition of our due liberties of Subjects which we are sure we cannot enjoy from him if by that Protestation he intended to force upon us a duty and allegiance of embracing all those tormentors whom he should send to us at any time on any occasion lawfull or not lawfull to spoyle us either of our lives or subsistance If so be so much evill should possibly hereafter enter into his Majesties sacred thoughts and will Of which therefore seeing there is never a knowne Law of the Land and that it hath no analogie with the true Protestant Religion and our own just liberties of Subjects we will presume that his Majestie abhorres the thought of chaining us to such a slavery for his own part both in Fact Right though alas he cannot promise us that all his Successors shall do the like Wherefore the Animadversor doth plainly abuse his Majestie in this Argument doth desperately corrupt his present cause Thus we see what evils we may thrust from us and how we are bound to preserve the Kings power or office together with his person as much as our own But the Animadversor together with his Tribe preach another kinde of doctrine from whence they know how to raise better uses for their ends than the King can doe any And that is That instead of opposing the worst of those evills which a Kings bare pleasure may be that we should suffer by the hands of other persons that we should I say simply betake our selves to flight leaving all that we have in this world but our lives to the Kings disposall and to be transferred to those whom he shall thinke better worthy of them than our selves But in the Parliaments case it hath been observed that as it is impossible in a manner for a whole Kingdome to flie so surely cannot that be required of it This ease is not as Davids a particular mans was who being in the right yet in danger fled indeed but it was from one place to stand better on his guard in another 4 No Member of Parliament ought to be troubled for Treason upon suspition onely especially I say in such a case whereof not onely the whole House but the whole Kingdome knowes it selfe to be a like culpable And that the accused were in safe custody is not to be doubted of by the Animadversor if the engagement of a whole Kingdome can give securitie which is sufficient enough for five men for ought the Amimadversor hath to the contrary 5. Because the Parliament to save a whole Kingdome once from ruine hath used some power which is communicable to a whole Kingdom in such an extraordinary case Therefore it may saith the Animadversor usurpe it in ordinary cases because it may declare the danger what it will at pleasure
is hardly credible If he have the people on his side and a pevailing Major party I thinke the Observator standing to his owne Principles will not deny that hee hath Soveraigne power with him and that it is unnaturall to thinke the Community should destroy it selfe But the Community hee will say is to be looked at in Parliament Well But good Sir may not the people withdraw the power of reprentation which they granted to the Parliament was their grant so absolute and so irrevocable that they dispossest themselves wholy of taking or exercising that power their owne proper persons Remember your principles about the conveying of Soveraigne power into the hands of Kings and if you can shew no better Cards for their power of representation then the Peoples revocable consent and I would faine know why it should be more revocable from Kings then men you will finde their tenure in it very tickle POSITION VII THat according to some Parliamente they may depose Kings OBSRVATOR T is denied that any King was deposed by a free Parliament fairely elected ANIMADVERSION VII I Like this note better then all the rest and am wholy of his minde That never any free Parliament fairely elected deposed any King and I hope whatsoever his principles seemes to insinuate they doe not beleeve they have power to doe it and pray that they may never attempt at least not to be able to depose the King or destroy Monarchy The Authors Protestation HAving finished these sudden Animadversions I doe protest in the presence of Almighty God with my life power and estate to maintaine and defend so farre as lawfvlly I may the true Reformed Protestant Religion His Maiesties Person Honour and Royall Estate The just Liberties of the Subject and the power and priviledges of Parliament so farre as I shall bee able to know or understand them and to doe all other things contained in the late Protestation And this I doe sincerely and from my heart beleeve my selfe to be under the guilt of Perjury if I faile in any one thing here protested And therefore shall never hold my selfe absolved by observing one if I violate it in any other part I shall ever defend his Majesties Person Honour and Royall Estate as my sole Soveraigne and the Parliament next under him in the highest capacity of Subjects as the Supreame Judicatory the great Counnell and Body Representative of this Kingdome And I pray that all those that doe cot joyne with me may either speedily be converted or confounded Faxit Deus FINJS ANIMADVERSIONS ANIMADVERTED Or a Reply to the late Animadversions upon those Notes which a late Observator published upon the seven Doctrines and Positions which the King by way of Recapitulation layes open so offensive THe Animadversor hath attackt the Observator just like a weak and degenerous enemy that durst not encounter his adversary in open field but lodgeth himself in some obscure and ignoble passage to attempt at least upon his Arriere-guard not being able to pierce into his main body The ingenious peruser of both I doubt not may discern that the Observator in the conclusion of his Treatise onely recapitulated seven Refults out of His Majesties papers in contradiction to his Antecedent disquisition and the Parliaments proceedings that so one might compend ously view the subject of his discourse and as it were by an Index find out the consutation of His Majesties positions by the fore-going Arguments of the book which the Animadversor very cautelously is pleased never to take notice of in the whole Discourse 1. In the first position the Animadversor grants the Observators Arguments for the declarative power of Parliament in respect of the safe residence of that power in the bosome of the Jutelary Assembly But with this restriction That he should have allowed he King his place in Parliament and not have named a Parliament without him But how could the Observator without affronting impudence speak otherwise seeing His Majestie in present is pleased actually to have his residence out of Parliament and will not allow himself a place in it but instead of concurrence with it seeks the remotest distances from it The better therefore to see how the King and Parliament are in parts we will first negatively and then positively open the present Controversie betwixt them which is the cause of their disjunction Which in the first place is not this which most men conceive That when His Majestie shall agree and the Parliament likewise agree for establishing some new Law or interpreting some old which may be for the particular commoditie of some conditions of men onely in the common-wealth Whether then the King ought to declare this or that to be Law exclusively of the Parliament or the Parliament do the same exclusively of the King But positively it is this When there is visibly a danger readie to confound the whole common-wealth and consequently all particular commodities and persons Whether the State if then convened may not lawfully of it self provide for its preservation especially if the King either see not the danger or seeing it will not provide for it in such manner as may give best securitie to Himself and Common-wealth When therefore such a Question shall justly arise betwixt King and Common-wealth which collectively is that we call a Parliament it being of publike interest of State and so De jure publico it cannot fall under the examination of any inferiour judicature with which those so known voted Laws the Animadversor speaks of are to be found For that is furnisht onely with rules of particular not universall justice for the decision of particular differences betwixt this or that man for this or that thing Which rules being too narrow for so capacious a subject we must recurre to those that the originall Laws of Nature and Policy hold out to us which must needs be superior to the other The chiefest rule of that is Ne quovismodo periclitetur respublica That by all means publike safety be secured And every State must principally endeavour to hold fast and sure our publike sociable Incorporations one with another from publike distresses calamities and destructions which may arise from our selves or other forraign Kingdoms And whilest that is done according as Natures Laws and Policy prescribes in Universall justice then may well in the mean time proceed to make or revise Laws of Particular justice which is of particular things whereby we may commutatively encrease our fortunes and estates one by another or by forraign commerce But if those that sit at the head of the Commonwealth shall let loose the holm of it and so let it float at all hazards or else unadvisedly steere it directly towards rocks and shelves It self is bound by those original Laws which surely may be some means to save it self from a wrack And how the King is not invaded or wrong'd by having himself and his Kingdom preserved from imminent danger and how it is possible a King may