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
Animadversions VPON THOSE NOTES Which the late OBSERVATOR hath published upon the seven Doctrines and Positions which the KING by way Recapitulation he saith layes open so Offensive London Printed in the yeare 1642. ANIMADVERSIONS VPON those Notes which the late Observator hath published upon the seven Doctrines and Positions which the King by way of Recapitulation hee saith lies open so offensive POSITION I. THat the Parliament has an absolute indisputable power of declaring Law so that all the right of the King and People depends upon their pleasure To this the Observator saith It has beene answered That this power must rest in them or in the King or in some inferior Court or els all suits will be endlesse and it cannot rest more safely then in Parliament ANIMADVERSION I. THe Observator hath contracted his Majesties words but hath kept the sense in more generall termes and seemes though but faintly to iustifie the Position by approving I know not whose answer That this Power can rest no where more safely then in Parliament He meanes the Parliament without the King If he had allowed the King his place in Parliament I now understanding man will easily subscribe That the King in Parliament or the Parliament with him have an absolute undisputable power both to make and declare Law and to end all Suites of what kind soever determinable by humane law within the Kingdome And here is the most safe resting of this Power and here it hath ever rested and not in the King alone who claimes not that Power but is willing to governe his subjects according to the known Lawes and much lesse in a any inferiour Court But that such an absolute undisputable Power of declaring Law as hath lately beene assumed by the Maior part of the present sitting Parliament shoud be resting in them is neither necessary for the ending of suites nor can be either for King or subject If they may declare that for a Law a fundamentall Law which never yet was Enacted or had any beeing and deny the plaine undoubted Lawes that have beene Enacted or frustrate them by some unheard of interpretation as if such interpretation had beene some mentall or rather Parliamentall reservation laid up within the Parliament walles to bee produced upon emergent occasions by their successors they will have so full an Arbitrary power that the right and safety of King and people must wholly depend upon their Votes Which power can never be safe either for King or People nor can they produce one president that may warrant such presidents That the second Position POSITION II. THat Parliaments are bound to no Presidents OBSERV Statutes are not binding to them why should then Presidents Yet there is no obligation stronger then the Honour and Iustice of a Parliament ANIMADVERSION II. IF Statuts be not binding to them there is no reason that presidents should be And he saith true Statutes are not binding to them that is de facto they are not for they in some things goe directly against them but de iure they are that is they ought to be binding to them till they be repealed by the same power they were made that is by Bill orderly passed both Houses and ratyfied by his Maiesties Royall assent And unlesse they can shew better reason then their bare Assertion Presidents as they are the best warrant so they are and ought to be the limits and buonds of their proceedings He might haue said as truly That Oathes are not binding to them and therefore neither Statutes nor Presidents But the Observator tels us Pag 44. That the Oathes of Supremacy and Allegance are not endangered by making the Kingdom and not the King the proper subiect of power And he yeelds reason for it For saith he he that ascribes more to the whole Vniversality then to the King yet ascribes to the King a true Supremacy of Power and Honour above all particulars I wonder what he meanes by a true Supremacy of Power and Honour above all perticulars Surely he meanes nothing but priority of place and height of Title for he is allowed little power over some particulars namely over the Members of either house and whom else they please to exempt as they did Serjeant Major Skippon for his power and commands But this distinction helpes them The Members of either House are sharers in that Supremacie which is in the Vniversality and above his and by the power of that Supremacie they can exempt whom they please from the power of this inferiour pardon the phrase absurdities cannot bee exprest without a Soclecisme Supremacie Uery good But in good sober sadnesse doth the Observator thinke this distinction was thought on by the Framers and enjoyners of that Oath or that the Members of the House at their entring the House did take their Oath to the King as to the Supreame over all with exeption of themselves or reservation of an higher Supremacy to themselves when they should be entred It is hardly credible Nor doe all that desire to tender all due honour to the Parliament beleeve that they are so the Vniversality or the Kingdome as the Observator presumes They are trusted by the Vniversality and Kingdome and we pray that they may discharge that trust not knowing but that a multitude of men subiect every one of them to errour may faile in their Judgement and being not exempted from the Common condition of the sinfull Sonnes of Adam may possibly not rightly discharge the trust committed to them as well as the King who is blasted with foule failings and errours judgement Me thinkes men that so much detest Popery should not borrow the grounds of their reasoning from them and I shall as soone beleeve the Counsell of Trent telling us that thy are the Universall Church and therefore cannot possibly erre as that the Parliament is the Vniversall unerring and unpervertibly just body of the Kingdome And surely the Spirit of declaring must needs reside in a strangely large measure in them who have power thus to declare not onely Law but Oathes too a greater then which the Popes flatterers never gave him and hardly ever any Pope assumed so great Quote constringam mutantem Protea nodo How shall these men be bound to doe right who so easily unty the knots of these sacred bookes of Law and Oathes why yes There is a bond that will doe it The obligation of the Justice and honour of a Parliament But can any man be sure that they whom neither Law Custome and Presidents of their Ancestors nor Oathes can binde will bee alwaies held in by the obligation of Justice and Honour Is it not possible that they may in time finde a power in themselves of declaring that obligation voide as well as have done the other The same obligation of Justice and Honour is as strong upon Kings and hath ever beene held more powerfull and obstructiue in them then in any state mannaged by a community and yet they
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