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
the equity of the Law many who doe not grant that to violate the Law of Man is sinne universally yet in case of contempt or scandall doe admit that it is sinnefull So then the Laws and Customes of the Kingdome are Limits and bounds to His Majestyes Power but there are not precise Laws for each particular Occurrence And even the Laws themselves doe ofâ—…en leave a latitude and a preheminence to His Majesty not onely for circumstances â—…d forms of Justice but even in great and high Privileges These we call the Prerogative Royall as to â—…e the fountain of Nobility To coyne Money To â—…eate Magistrates To grant Protection to his Debâ—…rs against their Creditours To present to a Beneâ—…ce in the right of his Ward being the youngest Coâ—…arcener before the eldest Not to be sued upon an orâ—…inary writ but by Petition and very many others â—…hich are beyond the ordinary course of Common-Law being either branches of absolute power or Preâ—…ogatives left by the Laws themselves Thirdly in the câ—…se of evident necessity where the whoâ—…e Commonwealth lyeâ—… at stake for the safety of King and Kingdome His Majesty may go against partiâ—…ular Laws For howsoever fancyed pretended invisible dangers have thrust us into reall dangers and unseasonable Remedyes have produced our present Calamityes yet this is certaine that all humane Laws and particular proprietyes must veile and strike top-sayle to a true publick necessity This is confessed by the Observer himselfe every where in this Treatise that Salus Populi is the transcendent achme of all Politicks the Law Paramount that gives Law to all humane Laws and particular Laws cannot act contrary to the legislative intent to be a violation of some more soveraigne good introducible or some extreme and generall evill avoidable which otherwise might swallow up both Statutes and all other Sanctions This preservative Power the Observer ascribes to the people that is to say in his sense to the Parliament in case the King will not joyn with them Though we all know a Parliament is not ever ready nor can be sâ—… suddenly called as is requisite to meet with a suddeâ—… Mischief And he thinks it strange that thâ—… King should noâ—… allow to the Subject a right to rise iâ—… Arms for their oâ—…n necessary defence without his consent and that he should assume or challenge such a share iâ—… the Legislative â—…ewer to himselfe as that without hiâ—… concurrence the Lords and Commons should have no right to make temporaâ—…y orders for putting the Kingdoâ—… into a posture of Defence Strange Phrases and unheard of by English eares that the King should joyn with the People or assume a share in the legislative Power Our Laws give this honour to the King that he can joyn or be a sharer with no man Let not the Observer trouble himselfe about this division The King like Solomons true Mother challengeth the whole Child not a divisible share but the very Life of the Legislative Power The Commons present and pray The Lords advise and consent The King enacts It would be much for the credit of the Observers desperate cause if he were able but to shew one such president of an Ordinance made by Parliament without the Kings consent that was binding to the Kingdome in the nature of a Law It is a part of the Kings oath to protect the Laws to preserve Peace to His People this he cannot doe without the Power of the Kingdome which he challengeth not as a Partner but solely as his own by virtue of his Seigniory So the Parliament it selfe acknowledged It belongs to the King and his part it is through his royall seigniory straitly to desend sorce of armour and all other force against his peace at all times when it shall please him and to punish them which shall doe contrary according to the Laws â—…nd usages of the Realme and that the Prelates Earles â—…arons and Commonalty are bound to aide him as their â—…overaigne Lord at all seasons when need shall be Here is a Parliament for the King even in the point The Argument is not drawn as the Observator sets it own negatively from Authority or from a maimed â—…nd imperfect induction or from pâ—…rticular premisâ—…es to a generall conclusion every one of which is â—…ophisticall is thus Such or suâ—…h a Parliament did â—…ot or durst not doe this or that therefore no Parliaâ—…ents may doe it or thus Some Parliaments not comâ—…arable to the Worthies of this have omitted some good â—…t of supinesse or difficulty therefore all Parliaments â—…ust doe the same but it runns thus no parliaments did ever assume or pretend to any such Power some Parliaments have expressely disclaimed it and acâ—…nowledged that by the Law of the Land it is a â—…ewell or a Flower which belongs to the Crown Therefore it is His Majesties undoubted right and â—…ay not be invaded by any Parliament Yet further â—…t were well the Observer would expresse himselfe â—…hat he meanes by some more Soveraigne good introducible the necessity of avoiding ruâ—…ne and introducing greater good is not the same Dangers often â—…come like torrents suddainly but good may be inâ—…roduced at more leisure and ought not to be brought â—…in but in a lawfull manner we may not doe evill that good may come of it Take the Observers two instances When the Sea breakes in upon a County a bank may be made on any Mans ground without his consent but may they cut away another mans Land to make an Harbour more safe or commodious withâ—… the owners consent No. A Neighbours Hoâ—… may be pulled down to stop the fury of a Scath-fire bâ—… may they pull it down to get a better prospect 〈◊〉 gaine a more convenient high way No. We desâ—… to know what this Soveraigne good introduciâ—… meanes and are not willing to be brought intoâ—… Fooles Paradise with generall insinuations Let it aâ—… pear to be so Soveraigne and we will all become suâ—… ters for it but if it be to alter our Religion or our foâ—… of Government we hope that was not the end of thâ—… Militia Lastly when necessity dispenseth with paâ—…ticular Laws the danger must be evident to all tâ—… concurrence generall or as it were generall one oâ—… two opponents are no opponents but where thâ—… danger is neither to be seen not to be named so uâ—… certaine that it must be voted whether there be anâ—… danger or not or perhaps be created by one or twâ—… odde Votes this is no warrant for the practise oâ—… that Paramount Law of salus Populi By this which hath been said we may gather a reâ—… solution whether the King be under the Law anâ—… how farr I mean not the Law of God or Nature but his own Nationall Laws First by a voluntarâ—… submission of himselfe quod sub Lege esse debetâ—… evidenter apparet cum sit Dei Vicarius ad similituâ—… dinem Iesu Christi cujus vices gerit in terris buâ—… Christ was under
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
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
People who elect them but from the King who creates them Fourthly you tell us that the Power of a King is to have powerfull Subjects and to be powerfull in his Subjects not to be powerfull over his Subjects Your reason halts because it wants a caeteris paribus several Kings may have severall advantages of greatnesse The truth is neither many powerfull Subjects without obedience nor forced obedience without powerfull and loving Subjects dâ—… make a great and glorious King But the concatenation of Superiours and Inferiours in the Adaman tine bonds of Love and Duty When Subjects are affected as Scillurus would have his Sonns for concord as Scipio had his Souldiers for obedience which they prised above their lifes being ready to throw them selves from a Tower into the Sea at their Generallâ—… command this is both to be great in Subjects and over them The greatest Victoryes the greateâ—… Monarchyes are indebted for themselves to this lowly beginning of obedience It is not to be a King of Kings nor a King of slaves nor a King of Devills you may remember to whom that was applied but to be the King of Hearts and Hands and Subjects of many rich loving and dutifull Subjects that makes a powerfull Prince As for the present puissance of France can you tell in what Kings Reigne it was greater since Charlemaine Neverthelesse admitting that the Peasants in France as you are pleased to call them suffer much yet nothing neare so much as they have done in seditious times when Civill Warrâ—… raged among them when their Kings had lesse power over them which is our case now God blesse us from Tvrany but more from Sedition If the Subjects of France be Peasants and the Subjects of Germany be Princes God send us Englishmen to keep a mean between both extremes which our Fore-Fathers found most expedient for all parties Observer But thus we see that Power is but secondary and derivative in Princes the Fountain and efficient cause is the People and from hence the inference is just the King though he be singulis Major yet is he universis Minor for if the People be the true efficient cause of Power it is a Rule in Nature quicquid efficit tale est magis tale And hence it appears that at the founding of authorities when the consent of Societies conveyes rule into such and such Hands it may ordaine what conditions and prefix what bounds it pleases and that no dissolution ought to be thereof but by the same power by which it had its Constitution Answer Thus we see your Premisses are weake and naught your argument proceeds from the staffe to the corner and your whole discourse is a Rope of Sand. First your ground-work that the People is the Fountain and efficient of Power totters and is not universally true Power in the abstract is not at all Power in the concrete is but sometimes from the People which is rather the application of power then Power itselfe Next your inference from hence which in this place you call just and a little after say that nothing is more known or assented unto that the King is singulis major but universis minor greater then any of his Subjects singly considered but lesse then the whole collected Body is neither just nor known nor assented unto unlesse in that Body you include His Majesty as a principall Member And yet if that should be granted you before it would doe you any good these universi or this whole Body must be reduced to the Major or greater part and this diffused and essentiall Body must be contracted to a representative Body unlesse we may believe your new Learning that the Essentiall and Representative Body are both one But waving all these advantages tell me Sir might you be perswaded to follow Licurgus his advise to try this Discipline at home before you offer it to the Commonwealth could you be contented that all your Servants together or the Major part of them had power to turne you out of your Mastership and place your Steward in your roome or your Children in like case depose you from your Fatherhood No I warrant you the case would soone be altered And when the greatest part of the sheep dislike their Sheepheard must be presently put up his Pipes and be packing Take heed what you doe for if the People be greater then the King it is no more a Monarchy but a Democracy Hitherto the Christian World hath believed that the King is post Deum secundus the next to God solo Deo minor onely lesse then God no Person no Body Politick between that he is Vicarius Dei Gods Vicegerent The Scriptures say that Kings reigne not over Persons but Nations that Kings were anointed over Israell not Israelites onely Saul is called the head of the Tribes of Israell Our Laws are plain we have all sworn that the Kings Highnesse is the onely Supreme head if Supreme then not subordinate if onely Supreme then not coordinate and Governour of this Realme His Highnesse is Supreame Governour that is in his Person in his Chamber as well as in his Court The ancient Courts of England were no other then the Kings very Chamber and moveable with him from place to place whence they have their name of Courts Supreme Governour of this Realme collectively and not onely of particular and individuall Subjects In all causes and over all Persons then in Parliament and out of Parliament Parliaments doe not alwayes sit many Causes are heard many Persons questioned many Oaths of Allegiance administred between Parliament and Parliament The same Oath binds us to defend him against all conspiracies and attempts whatsoever which shall be made against his Person or Crown to defend him much more therefore not to offend him against all Conspiracies and Attempts whatsoever that Oath which binds us to defend him against all attempts whatsoever presupposeth that no attempt against him can be justified by Law whether these attempts be against his Person or his Crown It will not serve the turn to distinguish between his Person and his Office for both the Person and the Office are included in the Oath Let every Subject lay his hand upon his heart and compare his Actions with this Oath in the fear of God When the great representative Body of Parliament are assembled they are yet but his great Councell not Commanders He calls them he dissolves them they doe not choose so much as a Speaker without his approbation and when he is chosen he prayes His Majesty to interpose his Authority and command them to proceed to a second choise plane propter modestiam sed nunquid contra veritatem The Speakers first request is for the Liberties and Priviledges of the House His Majesty is the fountain from which they flow When they even both Houses do speak to him it is not by way of mandate but humble Petition as thus most humbly beseech your most excellent Majesty your faithfull and
This is rather an exception against the Law it selfe then the King So the Observer and his pewfellowes deal with Laws and Law-makers if they make for them suscipiunt ut Aquilas they admire them as Eagles if they make against them despiciâ—…nt ut graculos they despise them as Dawes the Fundamentall Constitutions of the Kingdome must be streight exploded the Law is become a Formallity Are you in earnest Sir that this is destructive to Parliaments you might have said more truely the productive cause of all Parliaments that ever were in England or of any Assembly that had an Analogy with Parliaments I tooke you only for a Reformer of some abuses newly crept in but it is plain you intend to be another Licurgus to alter the whole frame of Government Truely Sir you beginne very high and jumpe over the backs of a great many Generations at once Doubtlesse you are either very wise or have a great opinion of your owne Wisdome But to the point It is confessed that sometimes some evills doe flow from inconsiderate trust but many more from needlesse Jealousy incommoda non solvunt Regulam Inconveniences doe not abrogate a Law Restraint commonly makes pâ—…ssion more violent When you have done what you can there must be a trust either reposed in one or many and better in one then many Doe but looke home a little without trust a Man knows not his owne Father without trust a man knowes not his own Children Some trust there must be and who fitter to be trusted then he that hath the Supremacy of power unlesse you will make two Supremes You confesse that Parliaments ought to be used as Phisick not as constant Diet. And the Law hath â—…ow set down a faire terme for the continuance of an ordinary Parliament unlesse you would be continually in a course of Phisick The second exception is His Majesty declares that the Parliament hath no universall power to advise in all things but in quibusdam arduis according to the Writ and cites the president of Wentworth a Member of the House of Commons committed by Queen Elizabeth the Parliament sitting for proposing to advise Her in a matter She thought they had nothing to doe with The Observer magnifies Queen Elizabeth for Her Goodnesse and Clemency but withall he addes But we must not be presidented in apparent violation of Law by Queen Elizabeth A grave Historiographer tells us of a close and dangerous kind of Enemies tacitum inimicorum genus such as make a mans praises an introduction to their venemous invectives as if it were not malice but pure love of truth that even forced them to speak so much such an one is a good Man but c. So Queen Elizabeth was a good Queen but in this particular she played the Tyrant To violate Laws to violate them apparently therefore wilfully to have no respect to the House of Commons whereof Wentworth was a Member was no signe of Grace and Clemency Certainly Queen Elizabeth a wise and mercifull Princesse one that so much courted Her People would not have done it but that She thought She had just grounds or if She might erre in her judgement yet She had as wise a Councell as any Prince in Europe and a businesse of this consequence could not be done without their advice who doubtlesse were some of them Members of the same House or if both She and they should be mistaken yet why were the House of Commons themselves silent whilest such a known Privilege was apparently invaded why did they not at least in an humble Petition represent this apparent violation of their Libertyes that it might remaine as a memoriall to plead for them to Posterity that they were not the betrayers of the Rights of Parliaments She that was so gracious as he Observer acknowledgeth and whose goodnesse was so perfect and undissembled could not choose but take it well and thanke them for it Neither will it suffice to say She gained upon them by Courtesy such an apparent violation so prejudiciall to the Highest Court of the Kingdome passed over in deep silence shews as litle Courtesy on the one side as Discretion on the other In brief as I cannot conceive that these words in quibusdam arduis are so restrictive that the House may consult of nothing but what shall be proposed or was intended at the time of the Summons so on the other side I doe not see how either the Commission or Prescription doe give them such an universall Cognizance or Jurisdiction Queen Elizabeth declared Herselfe oftner then once in this point in Her first Parliament when in reason She should be most tender to the Speaker and the Body of the House of Commons out of their Loves humbly moving Her to Marriage She answered that She tooke it well because it was without limitation of Place or Person if it had been otherwise She must needs have misliked it and thought it a great presumption for those to take upon them to bind and limit whose duties were to obey The third exception is the King saith they must meerely counsell and not command a strange charge if you marke it For it is impossible that the same trust should be irrevocably committed to the King and His Heires for ever and yet that very trust and a power above that trust be committed to others The Observer answers first little to the purpose that though there cannot be two Supremes yet the King is universis minor lesse thâ—n the collective Body of His Subjects as we see in all conditionate Princes such as the Prince of Orenge c. His Maxime that the King is singulis Major univerversis Minor except the King himselfe be included in the universi hath been shaken in pieces before The Law is plain The Kings Most Royall Majesty of meer droit very Right is very Head King Lord and Ruler of this Realm And doth he now intend to include the King of England in his c. among condionate Princes Take heed Sir this will prove a worse c. then that in the late Canons Secondly he answers that though the Kings power be irrevocable yet it is not universall the people have reserved something to themselves out of Parliament and something in Parliament It were to be wished that he would distinctly set down the particular reservations a deceitfull Man walkes in Generallityes Still the Observer dreams of Elective Kingdoms where the people have made choise either of a Person or a Family To us it is nothing they that give nothing can reserve nothing Trusted and yet reserved How the Observer joynes Gryphins and Horses together if trusted how reserved if reserved how trusted but how doth the Observer prove either his trust or reservation nay it is a tacite trust in good time so he proves his intention by a Company of dumbe witnesses In conclusion his proofe is that it is a part of the Law of Nature A trimme Law of Nature indeed which