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
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
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
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
good title of Inheritance both before God and Man These grounds being laid take notice of fower grosse Errors which the Observer runns into in this Section First he supposeth that all Dominion is from the grant or consent of the People whereas in truth all Dominion in the abstract is from God The People could not give what they never had that is power of Life and Death But true it is that Magistrates in the concrete are stiled the Ordinance of Man subjectively because they are Men objectively because they raigne over Men and many times effectively because they are created or elected by Men. But this last holds not in all cases I say nothing of such Kings as were named immediately by God Those whose Predecessors or themselves have attained to Soveraignty by the Sword by Conquest in a just Warre claime immediately from God Those also who were the first Owners or Occupants of waste Lands might admit Tenents or Subjects upon such Conditions as they themselves would prescribe Thirdly those who plant at excessive Charge in remote parts of America will give and not take Laws from their Colonies Fourthly upon the spreading of a numerous Family or the great increase of Slaves and Servants ditis examen domus how often have the Fatherly or Magistrall power been turned into Royalty And though these were but petty Kingdoms at the first yet as great Rivers grow from the Confluence of many little Brooks so by Warrs Marriages and Treaties they might be enlarged In all these Cases there is no Grant of the people This iâ—… one Error His Sâ—…cond Error rests in the Hypothesis His Majesties originall Title to this Kingdome was not Election either of the Person or of the Family but Conquest or rather a Multitude of Conquests the very last whereof is confirmed by a long Succession of foure and twenty royall Progenitors and Predecessors glorious both at home and abroad in Peace and War except â—…hen this dismall and disasterous question did eclipse tâ—…eir lustre and hinder the happinesse of this Nation â—…n the Dâ—…yes of King Iohn Henry the third Edward and Richard the second or in the bloody Warres between the two Houses of Yorke and Lancanster which were nothing else but the fruits and consequents thereof Neither can the Observer collect from heâ—…e that this is to enslave our Nation as Conquered Vassalls It is a grosse fallacy to dispute ae dicto simpliâ—…ter ad dictum secundum quid from the right of absolâ—…e Conquerers to His Majesty now as if so many good Lawes so mâ—…ny free Charters so many acts of Grace in so long a succession had operated nothing This is a second Error Thirdly the Observer teacheth that subordinate Commmâ—…nd is as much from God as Supreme His Majesty iâ—… much bound unto him to make his Royall Commands of no more force by Gods Institutionâ—… then a Peâ—…ty Constables We have hitherto learned otherwise that Kings hold their Crowns and Scepters from God and subordinate Magistrates have their places by Commission from them But it is familiar with these men to leap over the backs of intermedious Causes and derive all their fancyes from God as the Heathens did their Genealogies whereby they destroy the Beauty and Order of the World and make many superfluous Creatures which God and Nature never made In summe Subordinate Commands are from God yet neither so immediately nor so firmely as supreme but as a row of iron rings touchching one another and the first touching the Load-stone in their severall degrees some more loosely some more remotely then others The case is not altogether like for Regall and Aristocraticall Power One God in the World one Soule in the Body one Master in a Family one Sun in the Heaven and anciently one Monarch in each Society All the first Governours were Kings Both Forms are warranted by the Law of Nature but not both in the same Degree of Eminency If an old Man had the eye of a young Man he would see as well as a young Man said the Philosopher the Soule of an Ideot is as rationall as the Soule of a States man the difference is in the Organ So the Soule of Soveraign Power which is infused by God into Democracy or Aristocracy is the same that it is in Monarchy but seeing the Organ is not so apt to attain to the end and seeing that God and Nature do alwayes intend what is best and lastly seeing that in some Cases the existence of Government as well as the essence is from God who never instâ—…tuted any form but Monarchicall the Observer might well have omitted his comparison The fourth aand last Error is worst of all That usurped and unjust Dominion is referred to God as its Authour and Doner as much as hereditary This is right we have been taught otherwise before a seâ—… vaine upstart Empericks in Policy troubled the world that Dominion in a tyranicall Hereditary Governour is from God even in the concrete I mean the power not the abuse that such an one may not be resisteâ—… without Sinne that his Person is sacred But contrarywise that Dominion in a tyranicall Usurper or Intruder is indeed from God permitting wheras he coulâ—… restrain it if it pleased him or from God concurring by a generall influence as the Earth giveth nourishment to Hemlocks as well as Wheate in him wâ—… live we move and have our being or from God ordering and disposing it as he doth all other accidents and events to his own glory but that it is not from God as Author Donor or Instituter of it Neither darâ—… we give to a Tyranicall Usurper the essentiall Priviledges of Soveraignty we deny not that any Subject may lawfully kill him as a publicke Enemy without legall eviction Much lesse dare we say witâ—… the Observer that Power usurped and unlawfull is as much from God as Power Hereditary and lawfull If it be so cough out man and tell us plainly that God is the Author of Sinne. Observer And the Law which the King mentioneth is not to bâ—… understood to be any speciall Ordinance sent from Heaven by the Ministery of Angells or Prophets 〈◊〉 amongst the Iews it sometimes was It can be nothing else among Christians but the pactions and agreements oâ—… such anâ—… such Corporations Answer There is a double right considerable the right to the Crown and the right of the Crown the right and title to the Crown is with us undoubted there needs no Angell from Heaven to confirme it where no man can pretend against it The Right of the crown is the onely subject in question This is from the Law of God the Law of Nature and the Law of Nations That this Power in an absolute Conquerer may be limited by Statutes Charters or municipall Laws in Court of Conscience in Court of Justice to God to his People I grant without communicating Soveraigne Power to subordinate or inferiour Subjects or subjecting Majesty to censure Which Limitation doth noâ—…
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
did not fight more nâ—…bly for their free Customes and Laws of which the Conquerer and his Successors had in part disinherited them by violence and perjury then they which put them to such conflicts for it seems unnaturall to me that any Nation should be bound to contribute its own inherent puissance meerely to abet Tyranny and support Slavery and to make that which is more excellent a prey to that which is of lesse worth And questionlesse a native Prince if meere force be right may disfranchise His Subject as well as a Stranger if he can frame a sufficient party and yet we see that this was the foolish Sinne of Rehoboam who having deserted and rejected out of an intollerable Insolence the Strength of ten Tribes ridiculously soughâ—… to reduce them againe with the Strength of two Answer This Author intends not to halt on one side onely in this Discourse qui sâ—…mel verecundiae limites transiverit guavitâ—… 〈◊〉 esse oportet First That just Conquest in a lawfull Warr acquireth good right of Dominion as well as Possession is so consonant to the universall Opinion and Practise of all Nations yea to â—…he infallible and undoubted Testimony of holy Scriptures that he that denyes it may as well affirme Nil intra est â—…leam nil extra est in nuâ—…e durum Force is not meere Force where Justice goes hand in hand â—…ith it Omnia dat qui justa negat Neither is this to alter the course of Nature or frustrate the â—…enour of Law but it selfe is the Law of Nature and of Nations Secondly Thaâ—… Subjects who have not the power of the Sword committed to them after a long time of Obedience and lawfull Succession after Oaths of Allegiance may use force to recover their former Liberty or raise Aâ—…ms to change the Laws established is without all â—…ontradiction boâ—…h false and Rebelliouâ—… They tâ—…at are overcome saith Iosephus most truely and have long obeyed if they seek to shake off the yoke they doâ—… the part of desperate Men not of Lovers of Liberty Surely if any Liberty might warrant such Foâ—…ce it is the Liberty of Religion but Christ never planted his Religion in blood He cooled his Discâ—…ples heat with a sharpe Redargution yee know not of what spirit yee are of It is better â—…o dye innocent then live nocent as the Thebaean Legion all Christans of approved valour answered the bloody Emperour Maximian Cognosce Imperator know O Emperour that we are all Christians we submit our Bodies to thy Power but our free Soules fly to our Saviour neither our known Courage nor Desperation it selfe hath armed us against thee because we had rather dye innâ—…cent then live guilty thou shalt find our Hands empty of Weapons but our Brests aâ—…med with the Catholick Faith So having power to resist yet they suffered themselves to be cut all in pieces The Observer is still harping upon Tyranny and slavery to little purpose he is not presently a Tyrant who hath more Power then Nature did commâ—… to him nor he a Slâ—…ve who hath subjected himselfe to the Dominion of another That which is done to gain Protection or Sustenance or to avoide the evills of Sedition or to performe a lawfull Ingagement is not meerely done to abet Tyranny and support Slavery Thirdly to the Observers instance of our Ancestours in the Barons Warrs I know not whether Warrs he intends the former or the latter or both This is certain no party gained by them They pâ—…oved fatall and destructive sometimes to the King sometimes to the Barons sometimes to both and evermore to the People And howsoever the name of free Customs and Laws was mae use of as a plausible pretence yet it is evident that Envy Reâ—…enge Coveteousnesse Ambition Lust Jealousie did all act their severall parts in them And if there were any as I doubt not there were many who did solely and sincerely aime at the publicke good yet it cannot be denyed there was too much stiffenesse and animosity on both sideâ—… a little yielding and bending is better then breaking outright and more especially Conscience requires it of them who are Subjects and of them who contend for an alteration Pliny relates a Story of two Goats that met in the midst of a narrow planke over a swift current there was no room for one to pâ—…sse by another neither could turn backward they could not fight it ouâ—… for the way but with certain perill of droâ—…ning them both that which onely remained was that the one couching on the planke made a Bridge for the other to goe over and so both were saved But the Subject is so direfull and tragicall and the remembrance of those times so odious to all good Men that I passe by it as â—…ot much materiall to the Question in hand Both Parties are dead and have made their accounts to God and know long since whether they did well or ill neither can their example either justifie or condemne our actions It is probable there were some Shebahs Trumpetters of Sedition in those dayes as this Author proves himselfe now yet none so apt as these Catalines to cry out against Incendiarâ—…es It is a good wish of Saraviah that such seditious Authors might ever be placed in the front of the battle Yet thus farre the Authors ingenuity doth lead him to distinguish the Barons then from His Majesties Opposites now The Barons then fought for their Laws not to change the Laws and alter the Government both in Church and Common-wealth which was the very case of the Lincolnshire Yorkeshire and Northren Rebells in the Dayes of Henry the eight and Queene Elizabeth I wish none of His Majesties Subjects were involved in it at this present Fourthly whereas he urgeth that a native Prince may disfranchise His Subjects by Force if He can make a Party as well as Strangers either he intends that he may doe it de facto that is true so may a Thiefe take away an honest mans purse or else that he may doe it de jure lawfully and conscionably that is most untrue There is a vast difference betwixt a just Warre and an unjust Oppression His instance of Rehoboam is quite beside the Cushion his error was threatning and indiscretion the fault they found was with Solomon thy Father hath made our yoke grievous And yet it is most certain they never had so gracious so happy a Reigne as Solomons was for Peace Plenty who made Silver as plentifull as stones and Cedars as Sicamores in Ierusalem So unthankfull we are naturally so soone troubled with triviall matters as Haman was and like flyes feed upon sores leaving the whole Body which is â—…ound This is sure that against Rehoboam was a meditated Rebellion witnesse the place chosen Shechem in the midst of the Faction witnesse their Prolocutor Ieroboam a seditious Fugitive and ungratefull Servant of Solomons by whom he had been preferred they sent for him out of AEgipt And howsoever the
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
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
proceed from mutuall pactions but from acts of Grace and Bounty I would know to what purpose the Observer urgeth this distinction of Laws will it â—…er â—…he State of the question or the obligation of Subjects Nothing lesse Whether the calling of the Prince be ordinary or extraordinary mediate or immediate the title of the Prince the tye of the Subject is still the same Those Ministers who were immediately ordeined by Christ or his Apostles did farre exceed ours in personall perfections but as for the Ministeriall Power no tract of time can bring the least diminution to it God was the first Instituter of Marriage yet he never brought any couple together but Adam and Eve other marriages are made by free election yet for as much as it is made by vertue and in pursuance of Divine Institution we doe not doubt to say and truely those whom God hath joyned together His Majesties title is as strong the obligation and relation between him and his Subjects is the very same as if God should say from Heaven take this Man to be your King Again if the Libertie of the Subject be from Grace not from pactions or agreements is it therefore the lesse or the lesse to be regarded what is freer then gift if a Nobleman shall give his Servant a Farme to pay a Rose or Pepper-corn for an acknowledgement his title is as strong as if he bought it with his Money But the Observer deales with his Majesty as some others doe with God Almighty in point of merit they will not take Heaven as a free gift but challenge it as Purchasers In a word the Authour of these Observations would insinuate some difference betwixt our Kings and the Kings of Israell or some of them who had immediate vocation wherein he would deceive us or deceiveth himselfe for their request to Samuell was make us a King to judge us like all other Nations Observer Power is originally inherent in the People and it is nothing else but that might and vigour which such or such a society of Men containes in it selfe and when by such or such a Law of common consent and agreement it is derived into such and such hands God confirmes that Law and so Man is the free and voluntary Author the Law is the Instrument and God is the Establisher of both and we see not that Prince which is most potent over his Subjects but that Prince which is most potent in his Subjects is indeed most truely potent 〈◊〉 for a King of one small Citty if he be intrusted with a large Prerogative may be said to be more potent over his Subjects then a King of many great Regions whose Prerogative is more limited and yet in true reality of Power that King is most great and glorious which hath the most and strongest Subjects and not he which tramples upon the most contemptible Vassalls This is therefore a great and fond error in some Princes to strive more to be great over their People then in their People and to Eclipse themselves by impoverishing rather then to magnifie themselves by infranchising their Subjects This we see in France at this Day for were the Peasants there more free they would be more rich and magnanimous and were they so their King were more puissant but now by affecting an adulterate power over his Subjects the King there loses a true power in his Subject embracing a Cloud in stead of Juno Answer It hath ever been the wisdome of Governours to conceal from the promiscuous multitude it s own strength and that rather for the behoof of themselves then of their Rulers Those Beasts which are of a gentle and tractable Disposition live sociably among themselves and are cherished by Man whereas those that are of a more wild and untameable nature live in continuall Persecution and Feare of others of themselves but of late it is become the Master-piece of our Modern Incendiaries to magnifie the power of the People to break open this Cabinet of State to prick forward the headie and raging multitude with fictitious Devises of Bulls and Minotaurs And all this with as much sincerity as Corah Dathan and Abiram said to Moses and Aaron you take too much on you seeing all the Congregation are holy I desire the Observer at his leisure to reade Platoes description of an Athenian Sophister and he shall find himselfe personated to the life that one egge is not liker another if the Coate fit him let him put it on The Scripture phraseth this to be troubling of a Church or of a State It is a Mâ—…taphor taken from a Vessell wherein is Liquour of severall parts some more thick others more subtile which by shaking together is disordered and the dreggs and residence is lifted up from the bottome to the toppe The Observer hath learned how to take Eeles It is their own Rule they that would alter the Government must first trouble the State Secondly posito sed non concesso admitting but not granting that Power is originally inherent in the People what is this to us who have an excellent forme of Government established and have divested our selves of this Power can we play fast and loose and resume it again at our pleasures Lesbia was free to choose her selfe an Husband when she was a Maide may she therefore doe it when she is a Wife Admitting that His Majesty were elected in His Predecessors yea or in His own Person for him and His Heires is this Power therefore either the lesse absolute or lesse perpetuall Admitting that before election we had power to covenant yea or condition by what Laws we would be governed had we therefore power to condition that they should be no longer Laws then they listed us This were to make our Soveraigne not a great and glorious King but a plain Christmasse Lord or have we therefore Power still to raise Arms to alter the Laws by force without Soveraigne Authority This seems to be the Observers main Scope but the conclusion is so odious as which hath ever been confessed Treason and the consequence so miserably weak that he is glad to deale altogether Enthemematically Thirdly admitting and granting that the last exercise or execution of Power that is the posse commitatus or Regni is in the People is the right also in the People or from the People Excuse us if we rather give credit to our Saviour Thou could'st have no Power at all against me except it were given thee from above If Pilate had his Power from Heaven we may conclude strongly for King Charles Nil dat quod non habet some power the People qua talis never had as power of Life and Death it is the peculiar right of God and his Vicegerents Put the case the King grants to a Corporation such and such Magistrates with power also to them to elect new magistrates which yet holds but somtimes from whom do those Magistrates hold their power not from the