he please to consult Livy or Tacitus he may find what most unworthy ends the Senate of Rome proposed to themselves and be quickly satisfied in the falsehood of this Maxime taken in his sense The truth is he raises probabilities into demonstrations and because it is not so likely it being a work of greater difficulty that four hundred should contrive things for their private interests as that four should the takes it for impossible Whereas experience clearly confutes him in other states we find nothing more common That we in England have so seldome suffered under such corruptions proceeds from causes which are peculiar to this government It was a court for the most part but of short continuance so that they had not time to mould and fashion their aimes and when called together againe the body was much altered But the chief reason and that to which the Subject especially owes his security is this that the finall determination is not in one nor two houses but the joynt consent of three Estates is necessary So that nothing is likely to passe but what is for the interest of the major part and what is so is publiquely advantagious It is more possible they may now prosequute private interests since they challenge a power to themselves sufficient to advance their designes which heretofore they never pretending to could not hope to compasse particular ends The King may safely leave His highest rights to Parliaments If this be all the motive he may as safely keep them Why did the Lawes entrust Him with them if it were fitting for Him to make no use of them None knows better or affects more the sweetnesse of this so well ballanced a Monarchy I believe they affect Monarchy why then doth this Author endeavour to take it away by denying the King a power of dissent which our Ancestors inviolably preserved as a most happy restraint of Aristocracy or Democracy It hath been often in the power of former Parliaments to load that rule with greater fetters and cloggs but they would not A very good argument there is little reason now to doe it After a commendation of the exact temper and due proportion between the three Estates the many affecting Monarchy better then Aristocracy and the Nobility preferring it as much beyond Democracy He exhorts us not to seek to corrupt this purity of composition Very good counsell but which he overthrowes in the words immediatly following We must not conceive that both Gentry and Nobility can combine against the King Therefore it will be fitting for the King to leave all to their disposall who certainly can doe nothing but what is fitting In how few words hath he destroyed that constitution which he told us was so perfect it could admit of no change but for worse But we could not stay here if the Kings negative were once taken away like decaying bodies our health would dayly impaire The next step must be the Lords sitting in a personall capacity no reason they should deny what the Kingdom hath voted to be necessary or convenient either let them not speak at all or let the greater part of Commons joyne with the lesser part of Peeres The right of all the Lords and Commons in this State is so great that no change of government can be advantage to them except they could each one attain an hereditary Crowne May they not attain as much as Malignant Counsellors are pretended to aime at Honours Offices Wealth Power Commands Their power is meerly derivative so that except we will conceive that both King and People will be consenting to the usurpation nothing can be done Then it is confest the King hath a right of dissenting Except both King and People here a power is given to the People collectively beyond the Lords Commons and King If the King be an affector of true Liberty He has in Parliament a Power as extensive as ever the Roman Dictators was for the preventing of publike distresses The Dictator had absolute Authority nor was he circumscribed in power but in time only There lay no appeale from him neither was he questionable for any action after his government expired Though the humor of that people could not endure the name of King they had the same thing for in imminent dangers whether from forrain invasions or intestine seditions necessity of state forced them to submit to his Authority which relieved them in their greatest extremities Hence we may make the truest judgement what forme of government the wisest Romans esteemed most convenient their actions which proceeded from feare were unfeigned interpreters of their thoughts That they fell back still into their old rule and were not as wise to prevent dangers by conserving that Authority as they were to encounter them by erecting it must be imputed to the inconstant temper of the people who in times of peace were as proud and insolent as when ruine threatned which their wantonnesse pulled upon themselves they were basely humble Since then the Romans preferred even the unbounded power of one to a popular sway wee have no reason to change the much more happy temper of this government wherein Monarchy is so wisely ballanced that as we are not exposed to the dangers which attend the rule of the many so we may avoyd the inconveniences which might probably flow from the Arbitrary power of one He hath met in the field with two contrary Armies of His own Subjects and yet that Army which He went to destroy and advanced their colours against Him was more loyall then that which himselfe commanded Had he made a Conscience of unjust slander or had he any sense of the honour of his Nation these words had never fowled the paper That which the King here calls conscience and reason can be nothing else but meer private opinion What other possible notion can any man have of conscience is it not the light of reason informing us in our duty If the Counsell of the Parliament were directly opposite to common understanding and good conscience and the Counsell of the Court were evidently consonant thereunto there needed no such contestation If the Counsell of the Court were directly opposite to common understanding and good conscience and the Counsell of the Parliament were evidently consonant thereunto there would be no such contestation It is a very unfaithfull way of judging to measure the goodnesse of Counsell by the person advising not by the thing advised His Majesty allwayes examined what not who and hath given His Subjects a most certain pledge of His Royall affection in passing so many good Acts and was resolved to grant as long as any thing could in reason be desired After He hath fully satisfied the publique interest even to the utmost extent of what most understanding and disingaged men wish for he is not bound to undoe again in part and so farre to comply with the interests of private men as to place a power in some by which they shall be
We knew how to obey when such seditious fellowes out of their Pulpits did dare to strike even at the highest and with more boldnesse because with lesse danger as meaning to fight with other mens hands If the King could be more wisely or faithfully advised by any other Court or if His single judgment were to be preferd before all advice whatsoever it were not onely vaine but extreamly inconvenient that the whole Kingdome should be troubled to make elections and that the parties elected should attend the publike businesse There are other Ends besides this for which they are called together yet this is one main end as appears by the Kings writ and therefore He never refused to advise with them The usuall but not the onely forme of the Kings Answers to such Bills as they were not willing to passe which I beleeve was never objected to any Prince before to His Majesty le Roy s' avisera proves that after the advice of this His great Councell He is yet at liberty to advise further with persons or occasions as His owne wisdome shall think meet But this Author will by no meanes take notice that the use of Counsell is to perswade not to compell as if a man in a businesse of great concernment might not very prudently consult with many friends and yet at last follow the advice perhaps of one if it appeare more proportionable to the end he aymes at Not so because the many eyes of so many choise Gentlemen out of all parts see more then fewer This Argument I beleeve will conclude too much and therefore nothing at all For the same reason which denyes a liberty of dissenting to the King that is such a number who see more because they are more may deny it to the House of Pears in comparison of the House of Commons and to that House too in comparison of the People and so both King and Lords and Commons are voted out of Parliament Besides experience shews this rule is not generally true for I dare say if we ask almost any Parliament man he will tell us upon the reading of a Bill sometimes one man in the House hath found more faults and urged more just exceptions then three hundred would have been able to espy There have been Parliaments wherein Acts have been made to remedy former mistakes Nay whole Parliaments have been repeal'd and declared Null by succeeding Parliaments so 21. Rich. 2. cap. 12. does voyd and disanull all the Statutes made in a former Parliament held 11. Rich. 2. so 1. Hen. 4. cap. 3. repeales this whole Parliament of 21. Rich. 2. So 39. Hen. 6. In a Statute made at Westminster We find a totall repeal of a Parliament held at Coventry the yeare before as made against all good faith and conscience c the Acts and Statutes laboured by the conspiracy procurement and excitation of some ill disposed Persons for the introduction and accomplishment of their rancour and inordinate Covetise So 49. Hen. 6. A Parliament held at Westminster is made Null in regard diverse matters had there been treated and wrought by the laboured exhortation of Persons not fearing God nor willing to be under the rule of any earthly Prince but inclined of sensuall appetite to have the whole governance of the Realme under their owne power and domination These are the testimonies that one great Councell bestowes upon another I could urge the same Arguments in the very same words onely â—â—anging a Lay-councell into an Ecclesiasticall Councell and upon equall necessity require the King to assent to what ever they shall vote I make no doubt the Author will in this case give him leave to make his conscience his guide and if he doe he will think his Arguments deserve no further answer The few private ends they can have to deprave them must needs render their counsells more faithfull impartiall and religious then any other Certainly they may have as many as any other private Subject and that this Kingdome hath seldome heretofore suffered under the prosecution of private interest is to be imputed to the excellent policy which he endeavours to overthrow They are strangely transported with the love of a popular state who can so overrule their understandings as to force themselves to think the members of it may not be extreamly subject to ambition which would easily prompt them to alter the good old wayes of bestowing Offices and collating Honours to covetousnesse which would tempt them to draw the determination of causes out of the ordinary Courts of Iustice to hatred which would make them prosecute their enimies with bitter violence and upon the least suspition of a fault to punish them first by imprisonments and to prove them guilty at leasure to affection which would make them shield their friends from being questioned though their corruptions were notorious to all the world The Bishop of Durham his case speaks home to the businesse we are told in the 3. c. of the 2. Parliament held 1. Mar. how the Bishoprick of Durham was dissolved in a former Parliament 7. Edw. 6. which was compassed and brought to passe by the sinister labour great malice and corrupt means of certain ambitious persons then being in Authority rather for to enrich themselves and their friends with a great part of the possessions of the said Bishoprick then upon just occasion or Godly zeale Let the world judge whether this Age may not be subject to the same temptation and whether a desire to share the means of the Church may not have as strong operations as formerly Nothing more common in the Roman story then the bribing of the Senate This made Jugurtha cry out who by his guifts governed their Parliament O Vrbem venalem maturè perituram si emptorem invenerit Had it been our unhappinesse to have lived in a popular state except they are altered from what Histories deliver them we should have found injustice a trade and that the most compendious way to wealth was to buy no land but of the Judges Tacitus gives us a full character of what we might well feare When the government of Rome was changed into a Monarchy under Augustus the Provinces were very well contented Suspecto Senatûs populique imperio obcertamen Potentium avaritiam Magistratuum invalido legum auxilio quae vi ambitu postremò pecuniâ turbabantur They must evidently have more private ends then the King who may be mislead upon wantonnesse but they must struggle with solid temptations desire of riches desire of honours there being an emptinesse in them whereas He is full and satisfied Si violandum est Jus regni causâ violandum est the greatest motive that can be a hope to share in Soveraignty the Parliament to rule the King and they to rule the Parliament We have ever found enmity and antipathy betwixt the Court and the Country but never any till now betwixt the representatives and the body of the Kingdom represented How
betwixt them and those many that intrusted them are not they satisfied with their carriage If this were never till now it may seem to be upon some causes which never were till now Except Mr Hollis his rich Widdow I never heard that promotion came to any man by serving in Parliament What service commended Mr Hollis to the rich Widdow I cannot judge this I know if the ninteen propositions had past it would have been no newes to heare of many promoted and they might easily have redeemed the time that they have lost and challenged so much greater honours because they could not have them sooner It would have been rare to have heard of any advanced out of Parliament this would have bred good stirring blood in the Countrey the Gentry would have justled to get in at the common gate of Offices and Honours The Lords and Commons ought not to be deserted unlesse we will allow that the King may chuse whether He will admit of any Councell at all or no in the disposing of our Lives Lands and Liberties By Law He cannot He will not refuse to hearken to His great Councell neither doth He challenge to Himselfe any right of disposing of your Lives Lands and Liberties but will protect you and them according to the established Lawes He only sayes He is not bound to renounce his own understanding or to contradict His own conscience for any Counsellors sake whatsoever He must satisfy that before their desires nor must that which they call policy give Law to that which He knowes to be religion T is granted in things visible and certain that judge which is a sole judge and has competent power to see his own judgement executed ought not to determine against the light of nature or evidence of fact Sole judge or not alters not the case neither is there any restraint only to visible and certain things in the discharging of a trust the conscience must be guided by a morall certainty or high probability The sinne of Pilate was that when he might have saved our Saviour from an unjust death yet upon acousations contradictory in themselves contrary to strange revelations from Heaven he would suffer Innocence to fall and passe sentence of death meerly to satisfy a blood-thirsty multitude The sinne of Pilate all confesse hainous yet if examined according to his rule of justice he must either condemne his own judgement or absolve his For first concerning strange revelations to the contrary all that I meet with is this his wife sent unto him saying Mat. 27.19 have thou nothing to doe with that just man for I have suffered many things this day in a dream because of him What was revelation to her was but a single tradition to him she was obliged to beleeve God speaking to her he was not bound to believe a woman speaking to him he might think she might be willing to deceive out of naturall compassion strong in that sexe or might be deceived her selfe calling that inspiration which was fancy That it was true de facto makes nothing against him for a Iudge he knew was to be guided by proofes he that will passe sentence according to what any shall pretend to have from Heaven may well deserve to goe to Hell for it 2ly Concerning accurations contradictory in themselves he saw that plainly and therefore professes their testimonies invalid Ioh. 19.6 I find no fault in him Mat. 27.18 But it may be objected he knew that for envy they had delivered him That indeed was his private opinion which the Iewes perswade him was to be overruled by their authority and unanimous consent This therefore seems to be the case Pilate thinks it not enough that all the chief Priests and Elders of the people cry out against him as a malefactor and enemy to the state he requires some proofes Ioh. 18.29 they returned this answer v. 30. if he were not a malefactor we would not have delivered him unto thee Populisalus the Common-wealth was in danger not did it stand with the honour of that Assembly to give more particular reasons At length he is resolved to passe his assent and yeelds to their votes upon these grounds His single judgement was not to be preferred before all advice then many eyes of all the choycest of the people see more then his and many spy faults which he could not find besides there was a Maxime and it was grounded upon nature and which the Author saies was never 'till this Parliament withstood therefore then in full force that a community can have no private ends to mislead it J shall only adde the case can no way be varyed though they had not a joynt judiciall power for if he thought him innocent and knew he had such a right that except he passed sentence against him he was not condemned and ought not to suffer it had been as high a fault to concurre with them in their injustice Not so because if one Iudge on the Bench dissent from three or one Iuror at the barre from eleven they may submit to the major number though perhaps lesse skilfull then themselves without imputation of guilt The Oath of the Iurors is this as we find in Mr Lamberd Se virum aliquem innocentem haud condemnaturos sontenâ—ve absoluturos Laying their hands upon the holy Gospell every man swears he will not condemne the innocent nor absolve the guilty The words of their Oath now in use speak the same sense They sweare that they will doe right betwixt party and party according to evidence given in wherefore they ought to consult information by witnesses not their fellowes votes How his casuists will satisfy a mans conscience when he violates this Oath I know not 'T is true in many cases there may be a legall submission but then the law doth not require a personall act contrary to conscience but provides for the preservation of the innocency of the dissenting parties by making the act of the major part have the force of the whole according to that Refertur ad vniversos quod publicè fit per majorem partem Jf so in Law much more in State where the very satisfying a multitude some times in things not otherwise expedient may prove not only expedient but necessary for the setling of peace and ceasing of strife True if in Law not otherwise a Governour must not displease God to please the people The second thing must be ordered according to the Rulers prudence For many times granting an unreasonable request doth not satisfy but encrease their desires And whereas the more he gives he becomes the lesse able so the more they receive they become the more craving That the Militia and Magazine of Hull c. should be intrusted into such hands as were in the peoples good esteeme conscience and understanding could plead nothing against it Understanding and consequently conscience very much if the King had more distrust of some and more confidence