Selected quad for the lemma: authority_n
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A40749
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A Further inquiry for truth, for the better satisfaction of scruplous [sic] consciences ...
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1642
(1642)
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Wing F2558; ESTC R17987
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6,177
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deluded by the fained flattering and crafty counsell of those about him who look with a sinister eye upon our State Now this seems to me to be all that is aimed at in this present Military and Martiall design for the Parliament do not purposely and in their first intentions intend by their souldiers to cut off any for if any be slain by them it is by accident but to preserve and keep the peace of the Kingdom to maintain the priviledges of Parliament the Laws of the Land the free course of justice the Protestant Religion the Kings authority and person in his royall dignity and to attach arrest and bring such as are accused or imagined to be the disturbers and fire-brands of the Kingdom unto a fair just equall and legall triall which no man can think unlawfull in our Law-makers And therefore both Senators and Subjects in the prosecution of this design stand for the safety of their Princes person And 3. They stand for his State Wealth honor and reputation for I conjoyn all these together Kings acquire and accumulate more honour respect wealth and power by their meeknesse towards tender love of and vigilant care for their Subjects and their safety as we see in Queen Elizabeth and Tiberius so long as he was such then by tyrannizing over and cruelly oppressing and handling of them as we see in Caligula If our gracious Soveraign would be but pleased to consider the honour and prosperity which his Predecessors have enjoyed by following the advice of their Parliaments and the dishonor our Nation hath in divers designs received abroad and the grievous troubles vexation and discord we have had at home since Parliaments have bin disused and layd asleepe he would then certainly see that they seek his wealth honor reputation welfare who desire to reconcile and conjoyn him unto his Parliament and advise him to govern his people by Parliaments and endeavour to free him from the power and hands of those who being in themselves desire likewise to make him an enemy unto Parliaments And 4. They stand for his Posterity For as evill gotten goods slip and wast away and seldome continue to the third generation so Kings cannot be sure that their posterity shall peaceably and successively enjoy their Crowns except themselves rule and govern according to Law righteousnesse only establishing the Crowne and Throne both upon Princes and their posterity And therefore they who assist not the King in those things wayeâ— and courses which are illegall grievous yea distructive to the Common-wealth are his Childrens and posterities best friends I conclude this Question with this Argument Argu. Those who labour with their lives and estates to defend and maintain the Kings Soul Honour Reputation Wealth person and posterity obey and stand for Him Quest But the Parliament and all those who side with them in this present design labour with their lives and estates to maintaine and defend the Kings Soul Honour Reputation Wealth Person and posterity Therefore the Parliament and all those who side with them in this present design in so doing obey and stand for Him It should seem by what hath been spoken That neither the Parliament nor People doth intend the least indignity dishonour or disloyalty to the King and it is most perspicuously and clearly to be seen in all the Kings gracious Messages and Declarations That he hath no design upon his people or Parliament neither inteuds any harm opposition of oppression unto them but professeth to rule them according to Law and equity How then comes it to passe that either the Parliament will not or dare not confide in the King Answ 1. First it is because they see that some about the King are potent with Him who affect not the Parliament nor their proceedings have that inflnence in his Counsels and are so predominant and prevalent with Him that they have often varyed and altered him from his words and promises It is a Maxime in Law The King can do no wrong for if any evill act be committed in matter of State his Counsell if in matters of Justice his Judges must answer for it and therefore I will not lay any fault upon the King but rather impute the faults which have been of late obvious to many unto some about him or in great favour with him Great discouragements I grant the Parliament in their proceedings have had from the King but I dare not imagine that they came originally and primarily from Him but from some about him in regard of that vast diffeâ—ence which is between his words spoken to his Parliament with his own mouth when he was with them and the Messages sent unto and the heavy charges layd upon them in his Letters and Declarations now when he is absent from them He said once That in the word of a King and as He was a Gentleman he would redresse the grievances of his People as well out of the Parliament as in it Againe That He was resolved to put Himself freely and clearly upon the Love and affection of his English Subjects Againe We do engage unto you solemnly the word of a King that the security of all and every one of you from violence is and ever shall be as much our care as the preservation of us and our children And yet what actions and passages have of late fallen out quite contrary to all those expressions the Parliament and all who side with it assist it or obey it in any of the commissions or Orders thereof being assaulted opposed yea now at last proclaimed Traitors Againe His Majâ—sty doth professe the detestation of a civill war and abhorres as he saith the very apprehension of it But this mind seem'd neither to be in them who came with his Majâ—sty to the House of Commons nor who accompanied him to Hampton-court and appeared in a warlike manner at Kingston nor in divers of those who have been with him and employed by him at Yorke Hull Liecester-shire Lancashire Sommerset-shire Northamptonshire and other places And therefore we must needs conceive that the King is put upon these courses and wayes by his evill counsellors and consequently that the Parliament cannot confide in his words and promises untill those counsellors be put from him or forsaken by him And Answ 2. Secondly because of that trust which is reposed in them I dare boldly say That if the King should take or make those protestations which he makes in his messages and Declarations unto any one of the Parliament House for the performance of any promise either unto them or theirs which did simply and soly concern themselves they would believe and obey him and without any further question confide in him but they cannot do this in the case and place wherein they are The trust reposed by the people in the Parliament is as well to preserve the kingdom by making of new Laws when and where there shal be need as byobserving and putting the Laws already made in
A further Inquiry FOR TRVTH For the better satisfaction of scruplous CONSCIENCES Reade and Judge LONDON Printed in the Yeer 1642. WHether may the King be disobeyed and his commands withstood or not Whether He is to be opposed in his proceedings by any command of the Parliament Or whether are we now to obey King or Parliament Answ 1. First some Princes think that they may lawfully do whatsoever they have power to do or can do but the contrary seems truer both by light of Reason Religion and all power intrusted by Law in the hands of any viz. that Princes have no power to do but what is lawfull and fit to be done Answ 2. Secondly personall actions of superiours be disobeyed The Gramarians say Rex regis à rego the word King comes from Governing because Kings are no other but more high and supreme Governours and Magistrates Now some hold and I think warrantably that if any Magistrate or Judge do pursue a man not judicially and by order of Law but invade him by violence without any just cause against all Law that then in so doing he is to be held as a private person and as such we may defend our selves against him As for example a woman may defend her own body against an adulterer though a Magistrate A servant may hold his masters hands if he seek to kill wife or children in his rage Marriners and Passengers may resist him who stands an helm if they see that he would run the ship against a rock yea they might hold the Princes hands if being at the helm he misgoverns thâ— ship to their certain shipwrack without prevention because by his so governing thereof he hazards both his own life and theirs and they by holding of his hands prevent both his and their own ruine which seemâ— to be our present ease and therefore much more may the whole Body defend it self against any such unjust and unlawfull invasion as will endan ger the safety and welfare of all Answ 3. Thirdly the Kings personall that is verball commands without any stamp of his authority upon them and against the Order o both Houses of Parliament I imagine may be disobeyed For I do conceiv that no Lawyer will say that suppose the King should take the Broad Sea of England from the Lord Keeper into his own hands thâ—t all the Writ whatsoever he should issue forth sign'd with his own hand seal'd there with ought to be obeyed for it is not the stamp and impression of the Seal which makes a thing lawfull but the Keeper thereof ought to be a Lawyer and by his place should not for fear or favour signe any Writs therewith but such as are legall and if he do otherwise he is liable to be questioned and censured by a Parliament And therfore doubtlesse when Writs and Precepts are issued forth without the broad Seal or without a regall that is legall authority as all the Writs and Commissions for executing the Commission of Array are as is proved both by the Parliament and others they may be disobeyed and withstood especially when they are destructive to the Common-wealth Answ 4. Fourthly Princes by Parliaments may be withstood when they desire or endeavour those things which tend to the envassalling of their people Kings we know sometimes have loved their enemies more then their friends and have marched forth amongst their enemies to encounter with their friends As for example Richard the 2. thought Spencer and his confederates his best friends though they were base sycophants and bainfull foes and conceited that his Peers who were his loyallest Subjects were the truest Traytors And hence Princes being abused by the flattery of private persons for some wicked ends of their own have followed their private perverse counsels before the grave loyall and faithfull advice of their sâ—ge Senate Now that it is lawfull for Parliâ—ments to withstand Princes who make unlawfull war upon their people is so evidently proved by the Author of that lately come forth and learned and pious Treatise called A soveraign Antidote to prevent Civil Wars pag. 6 7 8 9 c. that at present I wholy silence it Answ 5. Fifthly the matter with us is quite and generally mistaken and the Question altogether wrong stated viz. Whether we should obey the King or Parliament for the King and Parliament are not like two parallell lines which can never meet nor like two incompatible qualities which cannot be both in one subject nor like the Ark and Dagon whom one house will not hold nor like God and Mammon which one man cannot serve for by siding with and assisting of the Parliament in those things which are according to Law we side with and serve the King Two things are here distinguishable to wit 1. In our obeying of the Parliament according to Law we obey the King That his Majesty grants commands and commends yea professeth that he requires no obedience of us to himselfe farther then he enjoynes that which is Law lawfull and just And 2. In our obeying of the Parliament in this present Military and Martiall design we stand for the King not against him that is for the good of his soul person estate honor and posterity of which a word or two severally 1. They stand for the soul of their Soveraign who withstand him having a lawfull call and warrant thereunto from doing those things which if he do he can never justifie in the court of conscience nor at the great chancery day of judgement but must sink under the sentence of condemnation for those unlawfull and unjustifiable facts And therefore the Parliament and we in obedience unto them are friends unto the soule of our dread Soveraign in not obeying aiding and assisting of him to make unnaturall unlawfull and unwarrantable Wars upon his Parliament and people which can never be defended or justified before or unto God to whom the Mightiest aswell as the meanest must give a strict account of all their actions at the last day And 2. They stand for the Kings Person who obey joyn and side with the Parliament His Majesties person is now environed by those who carry him as far as the eye of humane probability can see upon his own ruine and the destruction of all his good people which the Parliament seeing they labour to free him from such false hands by this twofold meanes viz. 1. By perswading beseeching and most humbly soliciting his Majesty to foresake them and to rejoyce and make glad the hearts of his Parliament and people by conjoyning himselfe with them But this request suit and supplication will not yet be granted though with much importunity and many loyall expressions desired And 2. By labouring to take his evill Councellors from him they being confidently assured and piously perswaded of the Kings sweet disposition and readinesse to comply with them in any thing which might conduce to the good either of Church or Common-wealth if he were not over swayed and