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A47900 The parallel, or, An account of the growth of knavery under the pretext of arbitrary government and popery with some observations upon a pamphlet entitled An account of the growth of popery etc. L'Estrange, Roger, Sir, 1616-1704. 1679 (1679) Wing L1284; ESTC R26838 24,865 17

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in This or Other Country but that a Private Man if any King in Christendom Assault him may having Retreated to the Wall stand upon his Guard That is to say A Private Man may kill his Prince in his own Defence For he puts this Case in Opposition to the Declaration Only translating the Taking up of Arms against the King into a Man's Standing upon his Guard All that 's Honest in 't is This That he refuses to declare That to be Unlawful which he holds to be Lawful His second Scruple is The Abhorrence of that Traiterous Position of taking Arms by his Authority against his Person or against those that are Commissioned by him in pursuance of such Commission Here says he is ●either Tenour or Rule of any such Commission specify'd nor the Qualification of those which shall be Armed with such Commissions expressed or Limited The Author of this Frivolous Shift knows very well that the Rules and Measures of Commissions vary according to the Circumstances of Time Place Fact Person that the Qualification of the Commissioner does not at all operate upon the Authority of the Commission and that if the Bill were drawn out to the length of the Book of Martyrs there would not yet be room enough to obviate all Cavils and Objections But in the next Page he speaks his Mind a little plainer As to the Commission says he if it be to take away a Man's Estate or his Life by Force yet it is the King's Commission Or if the Person Commissionated be under never so many Disabilities by Acts of Parliament yet his taking this Oath re●oves all those Incapacities or his Commission makes it not disputable This Seditious Hint for I cannot call it an Argument lyes open so many ways that I am only at a Loss where to begin with it First Let the Commission and Commissioner be what they will no Man is to be Iudg in his own Cause but the Law must be the Iudg both of the Legality of the One and the Capacity of the Other Secondly If upon this Ground an injur'd Person may take Arms in One Case so may a Criminal up●n the bare Pretence of it in any Other For 't is but saying that the Commission is Unwarrantable or that the Officer is a Rascal and there 's his Justification Thirdly Suppose a Double Abuse in Manner as ●s here suggested That Abuse does not yet void the Authority to which the Law on the One side requires Obedience or at least Submission and there is no Law on the Other side that allows Resistance Fourthly The End and Prospect of all Laws is Publick Convenience and there was never any Law invented so Profitable to a Community but it was in some Respect or other to the Detriment of some Particulars So that the very Admittance of his Suppositions does not at all affect the Reason of the Test if the Benefit be General on the One hand and the Mischief only Particular on the Other How many Men are sworn out of their Lives and Fortunes by False-Witnesses Shall we therefore quarrel the Method of Proceeding Secundum Allegata Probata A Man is Arrested upon a Fobb'd Action for a sum of Mony knowing First that he ows not a Penny Secondly that the Consequence of it will be his Ruine Thirdly that the Action is meerly Malicious And Fourthly to make it strong enough that the Officer that serves the Writ is Consederate with his Adversary and that they have Both complotted his Destruction All this will not yet Authorize a Resistance but if an Officer that has the King's Writ or any other Lawful Warrant though Erroneous shall be slain in the Execution of it This is MURTHER A word now as to the Occasion of it The People of 41 when they had forced his Majesty from his Palace by Affronts and Arm'd Tumults Publish'd this Doctrine to the Nation that though his Person was gone his Authority resided in the Two Houses under which Colour they imposed Ordinances upon the People for Laws and by Degrees proceeded to an Exercise of all the Acts of Sovereignty making War against the Person of the King and those that were Commission'd by him under the Pretence afore said as Rebellious Traytours and Conspirators Now to prevent the same Mischief again from the same Principles it was thought fit to propose this Declaration of Abhorrence The Objections against it are That the King may grant a Commission to take away a Mans Life or Estate and Employ any Man at a venture to execute it which is First The Supposal of an Unjust and Tyrannical Commission Secondly A Case so Rare that it would be a hard matter to produce a President for it without a Reference to a Tryal at Law And Thirdly What would be the Fruit of such a Resistance but the turning of an Oppression on the One side into a Rebellion on the other and the Forfeiting of that Life and Estate To the Law which was otherwise invaded Contrary to the Law For 't is a Thousand to one that the Power that Issu'd the Commission will find Assistants to Execute it So that the Resistance pleaded for in this Case is First of a very remote Supposition Secondly of dangerous Consequence to the Resistent And Thirdly of no Avail to him at all If we may not Resist says the Faction under these Circumstances our Lives Liberties and Estates are at the King's Mercy for that which may be one Mans Case may be any Mans And so because of This Possibility of Wrong to Particulars we judg it Reasonable that every Particular Man should be Allowed to Defend himself See now the Inconvenience which upon the Allowance of this Liberty in Favour of Particulars will redound to the Publick An Honest Man is charg'd with Treason in the King's Name and by his Majesties Order to be taken into Custody and by an Officer too under what Disabilities you please Here 's the whole Case An Innocent Person Life Liberty and Estate at stake and an Unqualifi'd Commissioner If One Man may Resist because he is Innocent Another upon the same Pretence may Resist too although he be Guilty For no Man under a Charge is either Guilty or Innocent in the Eye of the Law till he be Legally either Convicted or Acquitted So that the Innocent and the Guilty are to be try'd indifferently by the same Law and so are the Pretended Errours either in the Commission or Commissioner Take matters once out of the Channel of Tryal by our Peers There 's an end of Magna Charta and the Government it self is become Passive and Precarious Will you have the true Reason now why this Abhorrence goes so much against the hair with some People The Position is to be Cherish'd and kept in Countenance till the time comes for putting it in Practice No Man can be so blind as not to discern by the correspondent Motions of the Consistorians in Scotland and the Scottish English that they Act already by Concert and it is as plain by this Bold and Adventurous way of Libels all on the soddain that they depend upon France for a Second Which is no more than was done in the Late Rebellion by the fame Faction as appear'd by a Letter of the Lord Lowdens to the French King for his Protection and Assistance for which he was committed to the Tower and it was also confirm'd by the Fourth Article against the Five Members Accusing them to have Traytero●sly invited and encourag'd a Forreign Power to invade his Majesties Kingdom of England Husband's Collections p. 35. These are the French Pensioners and the Betrayers of our Religion and Freedom under Oaths and Covenants to Preserve them Were not our Divines Pillag'd Sequestred Imprison'd either for praying for his Majesty or for Refusing to Abjure him How many Reverend Divines were poysoned in Peter-House I could give you the History of their Spiriting away several Persons of Honour for Slaves their Sale of three or four score Gentlemen to the Barbadoes Their Sequ●strations Decimations Exclusion from all Offices Plunders Banishments Confinements Prohibition of Correspondence with the King upon Pain of Death The Juggles of the Irish Adventures Money and Plate upon the Propositions Confiscated Estates Twentieth Parts Weekly Assessments and a Hundred other Pecuniary and Arbitrary Stratagems till they finished the Ruine of the Nation in the Dissolution of the Government and in the Bloud of their Sov●reign It is not less certain that This is in Sum the Design of their Second Reformation than that it was the Effect of their Former and they are Fools that take Men of these Practises to be of any Religion FINIS
toward their own Tragedy And why does he blame them for Sitting by And like Idle SPECTATORS unless he would have them enter into Tumult and Action A very fair Encouragement to make Men bestir themselves and without more Ceremony lay violent Hands upon the Publick Good God! That ever such a Creature as this should propound to himself by the Dash of a Pen to move the Foundations of the English Government From the Parliament he descends to the Iudges Alas says he the Wisdom and Probity of the Law went off for the most Part with Good Sir Mathew Hales and Iustice is made a meer Property And then he raves upon The Constant Irregularities and Injustice from Term to Term of those that administer the Iudicature betwixt his Majesty and his People p. 154. This Poysonous Arrow meaning the Choice of the Judges strikes to the very Heart of Government and could come from no Quiver but that of the Conspirators What French Council what Standing Forces what Parliamentary Bribes what National Oaths and all the other Machinations of Wicked Men have not yet been able to effect may be more compendiously Acted by Twelve Iudges in Scarlet p. 66. And is not this directly 41 again When no Iudges would serve the Turn but those that betray'd the People to Slavery and His Sacred Majesty to the Scaffold He has another Fling at the Sheriffs If any Worthy Person says he p. 80. chance to carry the Election some Mercenary or Corrupt Sheriff makes a double Return and so the Cause is handed to the Committee of Elections c. And truly he does not give either the King or the Monarchy of England much better Quarter than he allows the rest as you shall see by and by So that nothing less than the Thorough Reformation of 41 will do the Work of 77. And the whole Frame of the Government must be unhing'd to gratify the Caprice of a Pragmatical Mal-content The Passion and Malice of the Libeller is so evident that he does half confess it himself by an Anticipation of the Charge The Relator says he pag. 155. foresees that he shall on both hands be blam'd for pursuing this Method Some on the One side will expect that the very Persons should have been Nam'd whereas he only gives Evidence to the Fact and leaves the Malefactors to those that have Power of Enquiry If he can but acquit himself on the Other hand for Writing the Libel as well as on This for not Naming the Persons he will do well enough For first It is not his Business to Prove but to Defame Secondly The Naming of Particulars would have restrein'd the Calumny whereas his work is to wound All the Kings Ministers that Faithfully adhere to their Master in the Generality of the Scandal Thirdly He judges it sufer and more expedient to amuse the Multitude with Iealousies that cannot be Disprov'd than point-blank to fasten upon Particulars an Accusation that cannot be Prov'd What does he mean by saying that he gives Evidence to Fact It is the first Libel certainly that ever was given in Evidence But where 's the Relator himself all this while upon whose bare word Parliaments are to be-Dissolv'd Ministers of State Arraign'd Judges Displac'd and the whole Government new Modell'd What if he should appear and be found at last to have been one of Oliver's Cabal Would any Man desire a more Competent Witness for Charles the Second than the Martherer of Charles the Frst But he has been so us'd to call the King himself Traytor that he may be allow'd to call his Friends Conspirators On the other hand says he pag. 155. some will represent this Discourse as they do all Books that tend to detect their Conspiracy against his Majesty and Kingdom as if It too were written against the Government For now of late as soon as any Man is gotten into Publick Employment by ill Acts and by worse continues it he if it please the Fates is thenceforward the Government and by being Criminal pretends to be Sacred This is only crying Whore first to call those People Conspirators who are likely to censure him for a Libeller which with his Learned Leave is but a Course Figure neither and runs much better in the Common Billinsgate of You are a Knave your self to say that I am one Which in few words is all that 's in 't For he does not offer so much as one Syllable in his Justification but with another Lash or two at the King's Ministers winds up his Period Now of late says he he means I suppose since Oliver went out of Play as soon as any Man is got into Publick Employment by ill Acts c. He should do well to consider who Governs before he says that Villany is the ready way to Preferment He if it please the Fates is thenceforward the Government and by being Criminal pretends to be Sacred I answer That in the Case of a Publick and Legal Accusation the Minister is not the Government for the Charge terminates in and operates no further than his Person but in the Affront of a Nameless and Indefinite Libel the King himself is wounded in a General Reflection upon his Ministers for it is his Choice and Commission not the Officers Misdemeanour that is there in Question Nor does he pretend to be Sacred because he is Criminal but the Libeller who still writes after the Remonstrance makes every thing Criminal that is Sacred and gives the Construction of Rebellion to Loyalty and of Loyalty to Rebellion But if there be not Mischief in the very Project of this Libel there 's nothing at all in 't for I cannot frame to my self the least Colour or Possibility of any other End He says It was his Design indeed to give Information but not to turn Informer That is to say He would set the People together by the Ears and no body should know who did it Now see the End he propounds That those says the Relator to whom he as only a Publick Enmity no Private Animosity might have the Priviledge of States-men to Repent at the last hour and by one single Action to expiate all their former misdemeanours Which is e'en as Civil a way as a body would wish of Recommending a Publick Minister to his last Prayer It remains now to speak a word to the Timing of his Enterprize which in a wicked Sence is in Truth the Glory of it I shall not need to speculate upon the Power and Designs of France the deplorable State of Flanders or the Consequences that must inevitably reflect upon England in the Loss of the Spanish Neitherlands the matter being agreed upon at all hands that an Union of Affections Counsels and Interests was never more necessary to this Nation than at this Instant it is and that Delay is Death to us This being given for granted it is likewise as certain that nothing under Heaven but the Credit of this Sitting Parliament and the Blessing of a Fair