the Land And I cannot upon this occasion but congratulate my self with the Honour of having had such Ancestors who founded this Government with no less prudence and in as much Liberty as the most worthy of the Ancient Romans or Grecians ever sounded any of theirs and they must needs if they have any knowledg of our Affairs rejoyce over their Posterity who when they were almost reduced to Slavery yet with so much Wisdom and Courage 〈◊〉 and asserted the State which they so wisely sounded upon so much Liberty from the unruly Government of a King CHAP. IX I Think by this time 't is sufficiently evident that Kings of England may be judged even by the Laws of England and that they have their proper Judges which was the thing to be proved What do you do farther for whereas you repeat many things that you have said before I do not intend to repeat the answers that I have given them 'T is an easie thing to demonstrate even from the nature of the things for which Parliaments are summon'd that the King is above the Parliament The Parliament you say is wont to be assembled upon weighty affairs such as wherein the safety of the Kingdom and of the people is concerned If therefore the King call Parliaments together not for his own concerns but those of the Nation nor to settle those neither but by their own consent at their own discretion what is he more than a Minister and as it were an agent for the people since without their Suffrages that are chosen by the people he cannot Eâ—… the least thing whatsoever either with relation to himself or any body else Which proves likewise that 't is the King's duty to call Parliaments whenever the people desire it since the peoples and not the King 's concerns are to be treated of that Assembly and to be ordered as they see cause For although the King's assent be required for fashion sake which in lesser matters that concerned the welfare of private persons only he might refuse and use that form the King will advise yet in those greater affairs that concern'd the publick safety and liberty of the people in general he had no Negative voice for it would have been against his Coronation Oath to deny his assent in such cases which was as binding to him as any Law could be and against the chief article of Magna Charta Cap. 29. We will not deny to any man nor will we delay to render to every man Right and Justice Shall it not be in the King's power to deny Justice and shall it be in his power to deny the Enacting of Just Laws Could he not deny Justice to any particular person and could he to all his people Could he not do it in inferior Courts and could he in the Supreme Court of all Or can any King be so arrogant as to pretend to know what 's just and profitable better than the whole body of the people Especially since he is created and chosen for this very end and purpose to do Justice to all as Braction says Lib. 3. Cap. 9. that is to do Justice according to such Laws as the people agree upon Hence is what we find in our Records 7 H 4. Rott Parl. num 59. The King has no Prerogative that derogates from Justice and Equity And formerly when Kings have refused to confirm Acts of Parliament to wit Magna Charta and some others our Ancestors have brought them to it by force of Arms. And yet our Lawyers never were of opinion that those Laws were less valid or less binding since the King was forced to assent to no more than what he ought in Justice to have assented to voluntarily and without constraint Whilest you go about to prove that Kings of other Nations have been as much under the power of their Senates or Counsels as our Kings were you do not argue us into Slavery but them into Liberty In which you do but that over again that you have from the very beginning of your Discourse and which some silly Leguleians now and then do to argue unawares against their own Clients But you say VVe confess that the King where-ever he be yet is supposed still to be present in his Parliament by vertue of his power insomuch that whatever is transacted there is supposed to be done by the King himself and then as if you had got some petty bribe or small morsel and tickled with the remembrance of your Purse of Gold We take say you what they give us and take a Halter then for I 'm sure you deserve it But we do not give it for granted which is the thing you thought would follow from thence That therefore that Court acts only by vertue of a Delegated Power from the King For when we say that the Regal Power be it what it will cannot be absent from the Parliament do we thereby acknowledg that Power to be Supreme does not the King's Authority seem rather to be transferred to the Parliament and as being the lesser of the two to be comprised in the greater Certainly if the Parliament may resâ—ind the King's Acts whether he will or no and revoke Priviledges granted by him to whomsoever they be granted If they may set bounds to his Prerogative as they see cause if they may regulate his yearly Revenue and the Expences of his Court his Retinue and generally all the concerns of his Houshold If they may remove his most intimate Friends and Counsellors and as it were pluck them out of his bosom and bring them to condign punishment Finally if any Subject may by Law appeal from the King to the Parliament all which things that they may lawfully be done and have been frequently practised both our Histories and Records and the most eminent of our Lawyers assure us I suppose no man in his right wits will deny the Authority of the Parliament to be superiour to that of the King For even in an Interregnum the Authority of the Parliament is in being and than which nothing is more common in our Histories they have often made a free Choice of a Successor without any regard to an Hereditary descent In short the Parliament is the Supreme Councel of the Nation constituted and appointed by a most free people and armed with ample power and authority for this end and purpose viz. to consult together upon the most weighty affairs of the Kingdom the King was created to put their Laws in execution Which thing after the Parliament themselves had declared in a publick Edict for such is the Justice of their Proceedings that of their own accord they have been willing to give an account of their actions to other Nations is it not prodigious that such a pitiful fellow as you are a man of no authority of no credit of no estate in the world a meer Burgundian 〈◊〉 should have the imprudence to accuse the Parliament of England asserting by a publick Instrument their
of our Fugitives only I wish they had clove there to this day for we know very well that there 's nothing more common with them than to have their mouths full of Curses and Imprecations which indeed all good men abominate but withal despise As for others it 's hardly credible that when they heard the news of our having inflicted a Capital Punishment upon the King there should any be found especially in a Free State so naturally adapted to Slavory as either to speak ill of us or so much as to censure what we had done Nay 't is highly probable that all good men applauded us and gave God thanks for so illustrious so exalted a piece of Justice and for a caution so very useful to other Princes In the mean time as for those fierce those steel hearted men that you say take on for and bewall so pitifully the lamentable and wonderful death of I know not who them I say together with their tinkling Advocate the dullest that ever appeared since the Name of a King was born and known in the world we shall e'en let whine on till they cry their eyes out But in the mean time what School-boy what little insignificant Monk could not have made a more elegant Speech for the King and in better Latin than this Royal Advocate has done But it would be folly in me to make such particular Animadversions upon his Childishness and Frenzies throughout his Book as I do here upon a few in the beginning of it which yet I would be willing enough to do for we hear that he is swollen with Pride and Conceit to the utmost degree imaginable if the ill-put-together and immethodical bulk of his book did not protect him He was resolved to take a course like the Soldier in Terence to save his Bacon and it was very cunning in him to stuff his Book with so much Childishness and so many silly whimsies that it might nauseate the smartest man in the world to death to take notice of 'em all Only I thought it might not be amiss to give a specimen of him in the Preface and to let the serious Reader have a taste of him at first that he might guess by the first dish that 's serv'd up how noble an Entertainment the rest are like to make and that he may imagine within himself what an infinite number of Fooleries and Impertinencies must heeds be heaped up together in the body of the Book when they stand so thick in the very Entrance into it where of all other places they ought to have been shunned His tittle-tattle that follows and his Sermons fit for nothing but to be worm eaten I can easily pass by as for any thing in them relating to us we doubt not in the least but that what has been written and published by Authority of Parliament will have far greater weight with all wise and sober men than the Calumnies and Lies of one single impudent little Fellow who being hired by our Fugitives their Countrey 's Enemies has scrap'd together and not scrupled to publish in Print whatever little Story any one of them that employed him put into his head And that all men may plainly see how little conscience he makes of setting down any thing right or wrong good or bad I desire no other Witness than Salmasius himself In his book entituled Apparatus contra Primatum Papae he says There are most weighty Reasons why the Church ought to lay aside Episcopacy and return to the Apostolical Institution of Presbyters That a far greater â—ischief has been introduced into the Church by Eâ—…copacy than the Schisms themselves were which were before apprehended That the Plague which Episcopacy introduced depressed the whole body of the Church under a miserable Tyranny Nay had put a yoke even upon the necks of Kings and Princes That it would be more beneficial to the Church if the whole Hierarchy it self were extirpated than if the Pope only who is the Head of it were laid aside page 160. That it would be very much for the good of the Church if Episcocy were taken away together with the Papacy That if Episcopacy were once taken down the Papacy would fall of it self as being founded upon it page 171. He says he can show very good reasons why Episcopacy ought to be put down in those Kingdoms that have renounced the Pope's Supremacy but that he can see no reason for retaining it there That a Reformation is not entire that is defective in this point That no reason can be alledged no probable cause assigned why the Supremacy of the Pope being once disowned Episcopacy should notwithstanding be retained page 197. Tho he had wroâ—e all this and a great deal more to this effect but four years ago he is now become so vain and so impudent withal as to accuse the Parliament of England for not only turning the Bishops out of the House of Lords but for abolishing Episcopacy it self Nay he persuades us to receive Episcopacy and defends it by the very same Reasons and Arguments which with a great deal of earnestness he had confuted himself in that former Book to wit That Bishops were necessary and ought to have been retained to prevent the springing up of a Thousand pernicious Sects and Heresies Crafty Turn-coat Are you not asham'd to shift hands thus in things that are Sacred and I had almost said to betray the Church whose most solemn Institutions you seem to have asserted and vindicated with so much noise that when it should seem for your interest to change sides you might undo and subvert all again with the more disgrace and infamy to your self It 's notoriously known That when both Houses of Parliament being extremely desirous to Reform the Church of England by the pattern of other Reformed Churches had resolved to abolish Episcopacy the King first interposed and afterwards waged War against them chiefly for that very cause which proved fatal to him Go now and â—oast of your having Defended the King who that you might the better defend him do now openly betray and impugn the Cause of the Church whose Defence you your self had formerly undertaken and whose severest Censures ought to be inflicted upon you As for the present form of our Government since such a Foreign insignificant Professor as you having laid aside your Boxes and Desks stufft with nothing but Trifles which you might have spent your time better in putting into order will needs turn busie-body and be troublesome in other mens matters I shall return you this answer or rather not to you but to them that are wiser than your self viz. That the Form of it is such as our present distractions will admit of not such as were to be wish'd but such as the obstinate Divisions that are amongst us will bear What State soever is pestered with Factions and defends it self by Force of Arms is very just in having regard to those only that are found and untainted and
scorn to have Charles compared with so cruel a Tyrant as Nero he resembled him extremely much For Nero likewise often threatned to take away the Senate Besides he bore extreme hard upon the Consciences of good men and compelled them to the use of Ceremonies and Superstitious Worship borrowed from Popery and by him re-introduced into the Church They that would not conform were imprisoned or Banisht He made War upon the Scots twice for no other cause than that By all these actions he has surely deserved the name of a Tyrant once over at least Now I 'le tell you why the word Traytor was put into his Indictment When he assured his Parliament by Promises by Proclamations by Imprecations that he had no design against the State at that very time did he List Papists in Ireland he sent a private Embassie to the King of Denmark to beg assistance from him of Arms Horses and Men expresly against the Parliament and was endeavouring to raise an Army first in England and then in Scotland To the English he promised the Plunder of the City of London to the Scots that the four Northern Counties should be added to Scotland if they would but help him to get rid of the Parliament by what means soever These Projects not succeeding he sent over one Dillon a Traytor into Ireland with private Instructions to the Natives to fall suddenly upon all the English that inhabited there These are the most remarkable instances of his Treasons not taken up upon hear-say and idle reports but discovered by Letters under his own Hand and Seal And finally I suppose no man will deny that he was a Murderer by whose order the Irish took Arms and put to death with most exquisite Torments above a hundred thousand English who lived peaceably by them and without any apprehension of danger and who raised so great a Civil War in the other two Kingdoms Add to all this that at the Treaty in the Isle of Wight the King openly took upon himself the guilt of the War and clear'd the Parliament in the Confession he made there which is publickly known Thus you have in short why King Charles was adjudged a Tyrant a Traytor and a Murderer But say you why was he not declared so before neither in that Solemn League and Covenant nor afterwards when he was delivered to them either by the Presbyterians or the Independents but on the other hand was receiv'd as a King ought to be with all reverence This very thing is sufficient to persuade any rational man that the Parliament entred not into any Councils of quite deposing the King but as their last refuge after they had suffered and undergone all that possibly they could and had attempted all other ways and means You alone endeavour maliciously to lay that to their charge which to all good men cannot but evidence their great Patience Moderation and perhaps a too long forbearing with the King's Pride and Arrogance But in the month of August before the King suffered the House of Commons which then bore the only sway and was governed by the Independants wrote Letters to the Scots in which they acquainted them that they never intended to alter the form of Government that had obtain'd so long in England under King Lords and Commons You may see from henâ—e how little reason there is to ascribe the deposing of the King to the principles of the Independents They that never used to dissemble and conceal their Tenents even then when they had the sole management of affairs profess That they never intended to alter the Government But if afterwards a thing came into their minds which at first they intended not why might they not take such a course tho before not intended as appear'd most advisable and most for the Nation 's Interest Especially when they found that the King could not possibly be intreated or induced to assent to those just demands that they had made from time to time and which were always the same from first to last He persisted in those perverse sentiments with respect to Religion and his own Right which he had all along espoused and which were so destructive to us not in the least altered from the man that he was when in Peace and War he did us all so much mischief If he assented to any thing he gave no obscure hints that he did it against his will and that whenever he should come into power again he would look upon such his Assent as null and void The same thing his Son declared by writing under his hand when in those days he ran away with part of the Fleet and so did the King himself by Letters to some of his own Party in London In the mean time against the avowed sense of the Parliament he struck up a private Peace with the Irish the most barbarous Enemies imaginable to England upon base dishonourable terms but whenever he invited the English to Treaties of Peace at those very times with all the power he had and interest he could make he was preparing for War In this case what should they do who were intrusted with the care of the Government Ought they to have betrayed the safety of us all to our most bitter Adversary Or would you have had them leâ—â— us to undergo the Calamities of another Seven years War not to say worse God put a better mind into them of preferring pursuant to that very solemn League and Covenant their Religion and Liberties before those thoughts they once had of not rejecting the King for they had not gone so far as to vote it all which they saw at last tho indeed later than they might have done could not possibly subsist as long as the King continued King The Parliament ought and must of necessity be entirely free and at liberty to provide for the good of the Nation as occasion requires nor ought they so to be wedded to their first Sentiments as to scruple the altering their minds for their own or the Nation 's good if God put an opportunity into their hands of procuring it But the Scots were of 〈…〉 opinion for they in a Letter to Charles the King's Son call his Father a most Sacred Prince and the putting him to death a most execrable Villany Do not you talk of the Scots whom you know not we know them well enough and know the time when they called that same King a most â—…rable person a Murtherer and Traytor and the putting a Tyrant to Death a most sacred action Then you pick holes in the King's Charge as not being properly penn'd and you ask why we needed to call him a Traytor and a Murtherer after we had stiled him a Tyrant since the word Tyrant includes all the Crimes that may be And then you explain to us grammatically and critically what a Tyrant is Away with those Trisles you Pedagogue which that one definition of Aristotle's that has lately beeen cited will utterly confound