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A36115 A discourse upon questions in debate between the King and Parliament. With certaine observations collected out of a treatise called, The diffrence between Christian subjection, and unchristian rebellion. Bilson, Thomas, 1546 or 7-1616. True difference betweene Christian subjection and unchristian rebellion. 1643 (1643) Wing D1625; ESTC R14262 15,515 16

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the punishment of Delinquents and conservation of the peace and Liberty of the Subject they had never risen up into so high requests but take the Argument at the best it followes not that the Parliament intends to assume Soveragne Authority because when Ireland is in Rebellion England in combustion Scotland scarce quieted France and Spaine in Armes they do humbly supplicate his Majesty to entrust for a short and limited time the Militia under the commands of persons of Honour that the Lords and Commons those whose blood and es●a●es must defend the State may repose saith in yet this is not to be granted and the feares and jealousies of his Majesties best Kingdome and most obedient Subjects held so unworthy of any regard or satisfaction that they are esteemed and so published for frivolous and false pretended meerly to obtain an unjust purchase out of the Kings prerogative For the nomination of prime Officers Councellours and Judges I presume that request results out of the precedent misgovernment and is intended onely for this time And peradventure the temper will be better for the people that the King being once invironed with a wise and religious Councell appoint Judges and publique Officers whom the people may if there be cause accuse and the Parliament judge nor would this branch of the Kings prerogative been reached at by the people if the Judges who ought to be conservators of the Lawes● had not been the destroyers If the counsell of a few even in Parliament time had not involved the whole state in a common calamity and contested with the Grand Counsell of the Kingdome assuming to t●emselves more zealous affection to his Majesty a greater care of the Common-wealth and a better di●cerning what was necessary and fit for both Yet the election of publike Officers is not without president in the times of former Kings But I would not have those Kings presidents to his Majesty that such demands may not be president to us Concerning the perpetuall Dictatorship of the Parliament It may be deman●ed● why is the work prolonged by them who aske why are you so long at worke why are Delinquents protected by what meanes are difficulties objected How comes t●is Rebellion in Ireland why doth the Parliament spe●d time in providing for their own safety which ought to be spent in redresse of publique disorders and vindication of the Subjects from oppression doe they pretend feare because they would rule Let his Majesty render those feares apparently false and concur more hartily than they in securing the Kingdome Let him grant Commissions for Ireland let him grant guards for the Parliament as well to secure their feare as their danger Why should his Majesty confirme their feares by discharging their Guards and attemping their persons If he know them to be safe● let them know it also or confute their fear to the understanding of the whole Kingdome by granting their owne wayes of security the next way to dete●t those apparitions of feare if they be false And when the Religion of our Church is vindicated The vigour of our Lawes renewed A Guard of strength and terror provided for their future preservation The Rebellion in Ireland quelled His Majesties revenue examined and repaired particular Delinquents punished The Court of Justice reformed The banks founded by the industry of our Ancesters with so much blood and treasure against the inundations of the prerogative or malignity of private counsels repai●ed and better fortified then let us see what pretence will be made for continuation of the Session still The English Nation will not doubtlesse sell their birth-right for a messe of pottage Nor chang the government of a Prince time nor story remembring any other in these Kingdomes of extraction so i●lustrious of a title so indubitable to be ruled by their equall peradventure inferiour neighbours To that allegation that this assembly is no Parliament in the Kings absence if it be understood when he is not present● it is an opinion so ancient as since his Majesty left the Parliament for before I am perswade● it was never heard of And it must follow thereupon as hath been answered ●efore that by the accedentall absence of the prince● or in sickne●●es that induce stupifaction or in the first degrees of infancy when the pow●● of the reasonable soul have no latitude of operation the state may be left without means to preserve it self which is a great obsurditie to think But if by the Kings absence be undestood the want of his voluntary concurrence in confirmation of the Acts and Ordinances of both houses and that in such cases they are no Parliament it may well be doubted if they have bin any Parliament during this Session For the acts that have passed his Royall ascent so much amplified in his late declarations to the people are shrodely suspected to be with no great good liking of his Majestie I am sure if they were voluntary they were not exhibited with due circumstances for through that opinion his Majestie hath lost much of the thanks due for such transcendent graces which no Prince or inferior person ought in discretion to loose However that both houses legally convened and authorised to sit do not by the Kings absence loose the essence and denomination of a Parliament appears by presidents of former times when in the absence of a Prince further distant in body then his Majestie is in minde I hope the estates have assembled themselves which is a little higher then was yet in dispute have administred oathes of fealtie to the subject have named officers for publique services and as well to superintend the peace of the Kingdom as the revenue of the King And though there was not nor is any law authorising the assembling of a parliament in such a case yet was the legallity of that parliament never questioned nor will of any other upon the same or the like occasion when the matter to be treated on is the peace and safety of the Kingdome whether the King be absent in body or minde it changes not the question much But which is a short answer to all that can be said is that by an Act of all the estates this Parliament is not disolveable but by an Act of all the estates therefore a Parliament untill that Act be passed To the other part of the allegation that Major part of both Houses have left the rest and are gone over to the King It may be demanded why doth not then his Majesty send them up to adjourn the Parliament to Oxford or Cambridge are they so fearfull of the Aprentizes of London that they dare not appear to do his Majestie so great a service by shouting a yea or no in the house of Commons how willingly would they adventure a battell that refuse to speak a word in a croud Truly it were the way to put an end to all the controversie to reverse with ease the acts that have given so great cause of
repentance to reduce the Parliament to termes of due obedience to save a multitude of offenders to weede out of both houses those factious members that insist so obstinately upon a trust reposed in them to distill out of the delinquent City of London much cordiall water to save the labour charge and hazards of warre to save the purses persons and horses of the willing Gentry who labour for those fetters such is the understanding of this time that their Fathers swet to be rid from For if armes be raised onely against a smal malignant party a faction of a few Parliament men The Major number would quickly deliver them up and what place could afford safety for them against the Ire of his Majesty and both Houses of Parliament To such as put these Questions What is the power and priviledge of Parliament by what Law doe they impose Orders upon the people without the Kings Assent they seeme to me like them that dispute how legally the next houses are pulled downe when the flame and windes make cruell vastation in the beautifull buildings of a populous Citie They are honest m●n and would faine be thought wise but I doubt it is not in the o be of their understa●ding to comprehend● what power resides in the vast body of the people and how unlimitedly that power operates when it is animated by danger for preservation of it selfe A man may make the same observation upon them that is made upon Cato who pleaded the Lawes and usages of peaceable times when the liberty of that Common-wealth was at the last ●aspe and would not be drove off it till it was too late his argument was this in effect That the Authors of Lawes for preservation of the Common-wealth may not preserve it but by their owne Creature This was Cato his error and is so confessed by all men yet I take it he was a better Statesmen then these disputants The King was admitted Judge of the danger of the Common-wealth before the Parliament and it was appara●t for no other reason but the better to levy mony Shall the Parliament sitting be a lesse compatent Judge As though a Physitian that saith you are not well though you do not perceive it Give me five or ten peeces I will c●re you shall be the better beleeved then the man that hath been wasted with a Quotidian Fever sixteen yeeres together They talke what the Parliament may doe and what not as though this were the Parliament that made an Act for pavement of an high-way and had little other worke Truely if the regulation of a Trade or creation of a Tenure or erection of a Corporation were the Question in a peaceable time it were easily resolved that the Kings demurre should stand for a denia●l but to say the Kingdome may not defend and secure it selfe who ever saith to the contrary is to fight against the oldest and best knowne Law in nature the Center of all Lawes and the inseparable right of all Kingdomes Corporations and Creatures But they say the Kingdome is in no such danger who is a better Judge the repres●ntative body of the Kingdom it selfe not those that say so Who like a man that standing upon the beach at Dover will not beleeve that the Sea hath any shore towards Fra●co untill he be brought to the top of the Hill It is not within their view to tell better then the Parliament whether there be danger or not His Majestie indeed hath the most eminent place to observe what Collection of Clouds are in any quarter of the Heaven and what weather it wi●● be but his calculations supposed to be made by others from a lower ground are therefore not so well beleeved But be it in danger or none it matters not much the Lawes have been in danger● none will deny and were recovered by another danger or had been lost I● it be now peace as th●se men say it is the better time to secure them● if it be not peace it is well to save the Common-wealth by any means whatsoever and if the King concurre not so speedily as the occasion requires the b●ame is not theirs that go before for his preservation and their own To make an end I wish an union of the three Kingdomes under the same Government● Ecclesiasticall and Cavell if it be possible that this Crowne having three such supporters and surrounded with the salt waters at Unitie at Libertie at Peace in it self may not fear the whole forces of the disjoynted contenent of Europe That his Majestie would understand his Interest to be to unite not to divide his Subjects and to remember with what Tropheyes the magnanimous Princes of former times have adorned their Funerals and Fame That he will chuse rather to fight in the head of the Brittish Armies for restitution of his Nephews to their lost inheritance than imploy them here to pillage and destroy his own subjects That he will first command the hearts then the persons then the estates of his subjects and not begin at the wrong end That in the Parliament may reside a Spirit of that Latitude and Noblenesse which ought to dwell in an Assembly of so much Honour and Gravitie That just things be done for justice sake without bowing lesse or more for the raging of popular surges in the South● or for the cold winds that blow from the North That the conditions of peace may not be enhansed by any prosperous successe but like the Noble Romane before and after the victorie the same That his Majestie may be convinced of the Errour of his private Councels by finding in the Grand Councell a quiet repose and a stable foundation of peace and plentie to his Royall Person and Familie And lastly since his Majestie and his people thus divided cannot be happie that with all convenient Expedition such as have studied this division between the Head and the Body may h●ve their heads divided from their bodies So farewell Certain Observations Collected out of a Treatise called The difference between Christian Subjection and unchristian Rebellion Compiled by that judicious and learned Divine Tho Bilson then Warden of Winchester since Bishop there necessary in these times to be perused Theophilus the Christian Philander the Jesuite Theop. CAses may fall out even in Christian Kingdomes where the people may plead their right against the Prince and not be charged with Rebellion Phil. As when for example Theop. If a Prince should goe about to subject his Kingdome to a foraigne Realme or change the forme of the Common-wealth from impery to tyranny or neglect the Lawes established by common consent of Prince and People to execute his owne pleasure in these and other Cases which might be named if the Nobles and Commons joyne together to defend their ancient and accustomed liberty Regiment and Lawes they may not well be counted Rebels Phil. You denied that even now when I did urge it Theop. I denied that Bishops had authority to prescraibe Conditions to Kings when they Crowned them but I never denyed that the People might preserve the foundation freedome and forme of their Common-wealth which they foreprized when they first consented to have a King I never said that Kingdomes and Common-wealths might not proportion their States as they thought best by their publique Lawes which afterwards the Princes themselves may not violate By superiour powers ordained of God we understand not onely Princes but all politicke States and Regiments somewhere the People somewhere the Nobles having th esame interest to the sword that Princes have in their Kingdomes and in Kingdomes where Princes beare rule by the sword we doe not mean the Princes private wil against his Laws but his precept desired from his aws agreeing with his Laws which though it be wicked yet it may not be resisted of any Subject with armed violence Marry when Princes offer thei● Subjects no● justice but force and despize all Lawes to practice their lusts not every nor any private man may take the sword to redresse the Prince but if the Lawes of the Land appoint the Nobles as next to the King to assist him in doing right and with-hold him from doing wrong then they be licensed by mans Law and so not prohibited by Gods to interpose themselves for the safe-guard of equity and innocence and by all lawfull and needfull meanes to procure the Prince to be reformed but in no case deprived where the Scepter is inherited c. FINIS Allowed by publike Anthority to be set forth as in the title page may appear The third part pag 279. verbatim In some Cases the Nobles commons may stand for the Publike Regiment and Lawes of their Countrey Christian Kingdomes may settle their States with common consent of Prince and people which the Prince alone cannot alter The Princes sword his Law not his ●ust Princes may be stayed from tyranny by their own Realmes though not deposed