the legallity anâ—… expedience of each circumstance which perhaps he 〈◊〉 not capable of perhaps reason of State will not peâ—… mit him to know it The House of Commons havâ—… a close Committee which shews their allowance oâ—… an implicit confidence in some cases yet are theâ—… but Proctors for the Commonalty whereas the Kinâ—… is a Possessor of Soveraignty But it is alleged thaâ—… of two evills the lesse is to be chosen it is better to disobeâ—… Man then God Rather of two evills neither is to bâ—… chosen but it is granted that when two evills arâ—… feared a Man should incline to the safer part Noâ—… if the Kings Command be certain and the other danger but doubtfull or disputable to disobey the certain command for feare of an uncertain or surmised evill is as Saint Austin saith of some Virgins who drowned themselves for feare of being defloured to fall into a certain crime for fear of an uncertain A third error in this distinction is to limit the Kings Authority to his Courts All Courts are not of the same Antiquity but some erected long after others as the Court of Requests Neither are all Justices of the same nature some were more eminent then others that were resident with the King as his Councell in points of Law these are now the Judges Others did justice abroad for the ease of the Subject as Iustices of Assise Iustices in Eire Iustices of Oier and Terminer Iustices of Peace The Barons of the Exchequer were anciently Peeres of the Realme and doe still continue their name but to exclude the King out of his Courts is worse a strange Paradox and against the grounds of our Laws The King alone and no other may and ought to doe justice if he alone were sufficient as he is bound by his Oath And again If our Lord the King be not sufficient himselfe to determine every cause that his labour may be the lighter by dividing the burden among more Persons he ought to choose of his own Kingdome wise Men and fearing God and of them to make Iustices These Justices have power by Deputation as Delegates to the King The Kings did use to sit personally in their Courts We reade of Henry the fourth and Henry the fift that they used every day for an houre after dinner to receive bills and and heare causes Edward the fourth sate ordinarily in the Kings Bench Richard the third one who knew well enough what belonged to his part did assume the Crown sitting in the same Court saying He would take the Honour there where the chiefest part of his duty did lye to minister the Laws And Henry the eight sate personally in Guild-Hall The Writs of Appearance did â—…un coram me vel Iusticiariis meis before me or my Justices Hence is the name of the Kings Bench and the teste of that Court is still teste meipso witnesse our selfe If the King be not learned in the Laws he may have learned Assistents as the Peeres have in Parliament A clear and rationall head is as requisite to the doing of Justice as the profound knowledge of Law It is a part of his Oath to doe to be kept in all his judgments Right Iustice in Mercy and Truth was this intended onely by Substitutes or by Substitutes not accountable to him for injustice we have sworne that he is supreme Governour in all causes over all Persons within his Dominions is it all one to be a Governour and to name Governours David exhorts be wise now therefore O yee Kings Moses requires that the King read in the booke of the Law all the dayes of his Life Quorsum perâ—…itio haec what needs all this expence of time if all must be done by Substitutes if he have no Authority out of his Courts nor in his Courts but by delegation When Moses by the advise of Iethro deputed subordinate Governours under him when Iehosophat placed Judges Citty by Citty throughout Iudah It was to ease themselves and the People not to disingage and exinanite themselves of Power It is requisite that His Majesty should be eased of lesser burthens that he may be conversant circa ardua Reipublicae about great affaires of State but so as not to divest his Person of his royall Authority in the least matters Where the King is there is the Court and where the Kings Authority is present in His Person or in his Delegates there is his Court of Justice The reason is plain then why the King may not controule his Courts because they are himselfe yet he may command a review and call his Justices to an account How the Observer will apply this to a Court where neither His Majesty is present in Person nor by his Delegates I doe not understand The fourth and last error is to tie the hands of the King absolutely to his Laws First in matters of Grace the King is above his Laws he may grant especiall Privileges by Charter to what Persons to what Corporations â—…e pleaseth of his abundant Grace and meere motion he may pardon all crimes committed against the Law of the Land and all penaltyes and irregularityes imposed by the same the perpetuall Custome of this Kingdome doth warrant it All wise men desire to live under such a Government where the Prince may with a good Conscience dispence with the rigour of the Laws As for those that are otherwise minded I wish them no other punishment then this that the paenall Laws may be executed on them strictly till they reforme their Judgements Secondly In the Acts of Regall Power and Justice His Majesty may goe besides or beyond the ordinary course of Law by his Prerogative New Laws for the most part especially when the King stands in need of Subsidies are an abatement of Royall Power The Soveraignty of a just Conquerer who comes in without pactions is absolute and bounded onely by the Laws of God of Nature and of Nations but after he hath confirmed old Laws and Customes or by his Charter granted new Liberties and Immunities to the collective Body of His Subjects or to any of them he hath so farr remitted of his own right and cannot in Conscience recede from it I say in Conscience for though humane Laws as they are humane cannot bind the Conscience of a Subject and therefore a fortiore not of a King who is the Law-giver yet by consequence and virtue of the Law of God which saith submit your selves to every ordinance of Man for the Lords sake and again Thou shalt love thy neighbour as thy selfe they doe bind or to speak more properly Gods Law doth bind the Conscience to the Observation of them This is that which Divines doe use to expresse thus That they have power to bind the Conscience in se sed non a se in themselves but not from themselves non ex authoritate Legislatoris sed ex aequitate Legis not from the authority of the Law-giver but from
were opposite one to another and that notwithstanding the Law men must not thinke that Gods Children in doing the work of their Heavenly Father that is reforming Religion will faint in their Duty that is in raising Arms. So farewell Magna Charta and the Laws of England for ever if this man may have his will and welcome the judiciall Law of Moses Now I see the reason why they have taught so long that the King cannot pardon any crime condemned by the judiciall Law because no Man can dispence with the Law of God But how many thousands have been drawn into this action which never Dreamed of such a bottomlesse Gulfe of Mischief and when they doe see it will abhominate it and the Contrivers of it Fourthly they have cryed Bishops out of Parliament because no man that warreth must intangle himself with the affaires of this Life yet they themselves have been humble Motioners both in England and in Scotland to have a number of wise and grave Ministers admitted into Parliament in stead of Bishops It was the men then not the thing they misliked Fifthly they say to be a Clergy-man and a Privie-Councellour are incompatible yet Calvin and Bezae were of the Councell of Sixty at Genevah and the Syndicks and Councellours there of the Ecclesiasticall Senate yea 〈◊〉 home in a great Treaty of late and in a Commission now on fooâ—… we have seen a 〈◊〉 a prime Commissionâ—… and their greateâ—… Pâ—…vie-Councellers are of their Lay-Elders which by their new Learning are a part of their Ecclesiasticall Hierarchy Sixthly we have heard a great noise lately about an Oath decreed in the Convocation about another Oath called Ex officio as if it were against the Law of Nature for a man to accuse himselfe Nemo tenetur prodere sseipsum and lastly abâ—…ut the Subscription which is â—…equired to oâ—… Articles of Religion yet for the first the Citizens of Genevah tooke the like Oath fâ—… their new Discipline which the Sun had neâ—…r beheld before that we prescribed here foâ—… our old Discipline There every Minister at his Admission takes an Oath in these words I doe promise and sweare to keep the 〈◊〉 Ordinances which are passed by the smâ—…ll great â—…d Generall Councells of this City This is a nâ—…te higher then ours And of late we know wâ—…o they were that tooke an Oath to stand toâ—…ose 〈◊〉 and Decisions which should be mâ—…de in an Assembly to come For the second â—…at is the Oath Ex Officio it is allowed in thâ—…r Presbiteries Calvin in an Epistle to Favellus â—…cknowledged that he himself adminiâ—…red it And for Subscriptions they are so miliar among them that there is not a Minister admitted to a â—…harge nay not a Boy metriculated in a Colledge but he knowes it Is not this Partiality Seventhly they complaine that the Ecclesiasticall Courts did extend their Jurisdiction to Civill Causes yet there is not that offence in the World from Dancing and Feasting to Treason and murder which is either a violation of our piety towards God or Charity towards Man which they doe not question in their Presbiteries And which is worse their Determinations are not Regulated by any known Law but are merely arbitrary secundum sanas Conscientias Neither doth there lye any appeale from them as their did from Ecclesiasticall Courts he that durst but bring a prohibition to one of their Elderships he would quickly feele what it was to pull the Scepter of Christ out of his hands Eightly they groaned hard under the burthen of the High Commission yet themselves would erect an high Commission in every Parish I doe not know whether all their Presbiâ—…eries be indowed with the like Power but â—…re I am some of them have had both their Prisons and their Pursevants And where the High Commission here was confessed to be a temporary Institution they plead for the other as a Divine Institution Yet fearing this Parrochiall Jurisdiction might not produce an uniforme Reformation some of them have desired others accepted generall Commissions for Nationall-Superintendency Ninthly they sâ—…ieght all old Councells and new Convocations and call their Cannons in scorn the precepts of Men yet where they have power to call a Synod or Assembly every man must submit at his uttermost perill as if themselves were not men but a Company of Angells Lastly they call for Liberty of Conscience yet no Men impose a heavier yoake upon the Conscience They cry out against Martiall Law in others and approve it in themselves They hate Monopolists but love Monopoliâ—… They condemn an implicit Faith yet no Men more conâ—…iding and implicit grounding their actions neither upon Reason Law noâ—… Religion but upon the authority of their Leaders and Teachers They magnifie the obligation of an Oath yet in their own case dispence with all Oathes Civill Military Religioâ—…s witnesse Master Marshall and Master 〈◊〉 we are now taught that the Oaâ—… we have taken must not be examined according to the interpretation of Men no How then surely according to the Interpretation of 〈◊〉 They complained that Excommunicationâ—… was used for triviall Causes yet themselves stick not to cast abroad this thunderbolt for Feasting or Dancing or any the least 〈◊〉 They complaine of severity against their Pastors yet themselves do teach in their own case that they are more rigorously to be dealt withall who poyson the Souleâ—… of Men with false Doctrine then they that infect their Bodyes with poyson A false Principle I confesse and repugnant to the practise of all the world men are willingly perveâ—…d but not willingly poisoned The Poisonâ—… knowes the power of his Poisons the false Teacher doth not alwayes know his own Error Repentance may be a Remedy for the one but there is no Cure for the other The Diseases of the Soule are indeed greater then the Diseases of the Body if you consider them in the same Degree otherwise a sullen â—…it of Melancholy though an infirmity of the Mind is not â—…o terrible as a raging â—…it of the Stone yet is it but an infirmity of the Body They cry out against the Disorders of our Ecclesiasticall Courts but will not see the beame in their own Eye that in their Consistories the same man is both President and Register the same Parties both Accusers Witnesses and Judges the proof sometimes upon Oath sometimes without Oath sometimes taken publikely sometimes privately so as the Person accused neither knowes who is his Accuser nor what is proved sometimes Records are kept sometimes not kept As for matter of lawfull exception and defence it is accounted superfluous and superstitious I plead not for any former abuses I desire not to abridge the lawfull power of any other Church but onely shew the extreame Partiality of these Men Yea what is that which themselves have condemned in others that themselves do not practise where they have power in a much higher Degree Is not this fine hocas poâ—…as a Man and no Man hit a bird and no
the Observers Argument may be thus paralelled It â—…s not discernable how the whole Citty and State of Athens could be mastered by a Militia consisting but of three thousand or those three thousand by the Major part of thirty Tyrants or the Major pâ—…rt of thirty by Critias and one or two more Or thuâ—… It is not discernable how the World should be mastered by Italy or Italy by Rome or Rome by I know not what Triumvirate A very poor Mercury may reconcile the Observers understanding in this if he be pleased A trayned Band of eighty or an hundred thousand fighting men well armed well exercised are able to master a greater Kingdom then England Armyes are not so soone raised armed disciplined he that is ready for the Field may easily suppresse another upon his first motion or but offering to stirre It is as easy to conceive how the traine Bands may be at the disposition of their Commanders who pay them reward them punish them and it is certain that they who have the naming of them will chuse such as they may confide in The Observer talkes much of Nature what Arms hath Nature given but teeth and nailes these will doe little service at push of pike or against a volly of muskeâ—…s This brings us to the issue which is propounded by the Observer and is accepted by His Majesty which may put an end to all other invectives God grant it â—…ay prove true we see no signes of it yet The Obâ—…erver saith Let us stick close to it and I say he that â—…tarts from it let him be reputed guilty of all the â—…nnocent blood that is shed He addes which will â—…ring the distracted multitude to prostrate themâ—…elves at His Majesties Feet Alas the countenance â—…s not alwayes to be credited but speech is the Arch-Deceiver If this be not a vaine flourish an empty aiery offer but meant in good earnest there is hope we may be happy His Majesty hath satisfied this demand long since by His Declaration of the 12. of August 1642. and yet we find not these fruits here promised with so much confidence He hath named the partyes He hath specified the crimes Take the accusation in his owne words 1. Of entring into a solomne Combination for altering of the Government of Church and State 2. Of designing Offices to themselves and other Men 3. Of soliciting and drawing down the Tumults to Westminster 4. Of bidding the people in the height of their rage and fury goe to Whitehall 5. Of their scornfull and odious mention of His Majesties Person 6. Of a designe to get the Prince into their hands 7. Of treating with Forreine Power to assist them He is willing also to referre himselfe to the strength of his proofes and evidence of the matter which is all the Observer desires Heare Him for that also We desire that the L. K. M. H. M. P. M. H. Sir A. H. M. St. M. M. Sir H. L. A. P. and C. V. may be delivered into the hands of Iustice to be tryed by their Peers according to the known Law of the Land If we doe not prove them guilty of High Treason they will be acquitted and their innocence will justly triumph over Vs. Now if they desire to shew themselves great Patriots and Lovers of their Country indeed here is a faire opportunity offered if they have as much courage as Codrus had to leape into the gaping gulfe of Division and to reduce the Kingdom to its former continuity and unity if they dare trust to the touchstone of Justice and if the bird in their brest sing sweetly to them that they are innocent here is a course provided whereby they may vindicate their good names and out of the feined reports of malignant Sycophants make themselves a triumphant Garland or Crown of lasting Honour But we see no hast I know not mens hearts There is an unhappy story in Plutarch but I dare not apply it of Pericles a Stickler in the Athenian Commonwealth who being busy and private in his study to make his account to the State was advised by his Nephew Alciliades it was pestilent Counsell rather to study low to make no accounts which he did effect by ingaging the Commonwealth in a Warre so as they had no leisure to call for his accounts after that There can be nothing pleaded in barâ—…e to the performance of this Proposition but the privilege of Parliament A great plea indeed so the Observer That none of the Members of the Parliament may be apprehended in case of suspition where no information or Witnesses appear to make good the prosecution without acquainting the Parliament if leave may be conveniently obteined He addes that by the same Act the whole House might have been surprised And in another place that by this meanes the meere imputation of Treason shall sweep away a whole Parliament And his reason is thus grounded That if way be given to this so many Members of either House may be taken away at any time upon groundlesse pretences as may make a Major part of whom they will And then farewell to the Freedome of Parliaments Which truely seemes to be urged with great shew of equity where the partyes are taken away by dozens or greater numbers and the tryall is long deferred to serve a turne You shall find the same Argument used pressed after the same manner by Steven Gardiner to the Parliament alleging that nothing could be of worse Example then to allow such a president that by that meanes it shall be at the pleasure of him that ruleth to doe the same in more But for all that we doe not find that either the Parliament did afford him relief or were sensible of any such danger doubtlesse it stands both with naturall equity the known Law of the Land that they who have the honour to be the great Councell of the King Kingdome should have all such Privileges immunityes as are conducible to the furtherance of those ends for which they are convocated such are free accesse and recesse to be exempted from attendence upon Inferiour Courts so long as they are in that imployment To have their Servants free from arrests that whilest themselves are busy about the great Affaires of the Common-wealth their Estates and occasions may not suffer in their absence and that universall privilege of all Councellers that whilest their intentions are reall they should not be questioned for a slippe of the tongue or a mistake in their judgements We see ordinary Courts doe not onely protect their Ministers of Justice in the excercise of their places but even those Witnesses which aâ—… summoned to appeare before them A Clerke oâ—… the Chancery cannot be called to any other Couâ—… to answer in any Cause that is cogniscible in thaâ—… Court But here are sundry things considerable as firâ—… that His Majesty is the true fountain of these Privileges not any mutuall compacts This is plaine by that petition which Sir
it will be pealed into their eares dayly I shall deale more ingenuously with the Observer then he hath done with his Soveraigne to catch here and there at a piece of a Sentence and passe by that as mute as a Fish to which he had nothing to say If His Majesties cleare Demonstrations which to a strong judgement seeme to be written with a beam of the Sun and like the principles of Geometry doe rather compell then perswade did leave any place for further confirmation the Observers silence were sufficient to proclaime them unanswerable There needs no other proofe of His Majestyes Lenity and Goodnesse then this That a Subject dare publish such observations in a Monarchy and maintain argument with his Liege Lord Multa donanda ingeniis sed donanda vitia non portenta sunt He deserveth small pitty who priseth his word more then his Head King Lewes said of some seditious Preachers in France If they tax me in their Pulpits I will send them to preach in another Climate Pollio said of Angustus Non est facile in eum scribere qui potest proscribere The King of the Bees though he want a sting yet is he sufficiently armed with Majesty So should King Charles be to the Observer and his pew-fellowes if they were profitable Bees as they are a nest of Waspes and Hornets I find two branches of this Family I cannot call them the Family of Love as a verse one to another as Sampsons Foxes It is hard to say whether is the ancient House for they both sprung up the one in Spaine the other at Geneva about the same time the yeare 1536. The Captaines of the one are Bellarmine Simancha Mariana c. The chieftains of the other are Beza if it be his Book de jure Magistratus as is believed Buchanan Stephanus Iunius c. The former in favour of the Pope the latter in hatred of the Pope yet both former and latter may rise up in Judgement with our Incendiaries and condemne them for if they had had as gracious a Prince as King Charles they had never broached such tenets to the World I have busied my selfe to find out the Progenitors of these two different Parties and for the former I cannot in probabillity derive them from any other then Pope Zachary Who it seemes as the Oestridge left an egge in the Sand which after a long revolution of time was found and hatched by the care of some Loyolists for thus he in Aventine A Prince is subject to the People by whose benefit he reignes whatsoever Power Riches Glory Dignity he hath he received it from the People Regem Plebs constituit eundem destituere potest As for the latter because I know they will scorn to ascribe their Originall to a Pope I cannot fine one of their Ancestors in all the Church of Christ for fifteen hundred yeares untill I come as high as Saint Iudes dreamers or the Pharisees of whom Iosephus saith that they were a Sect cunning arrogant and opposite to Kings And they have one Pharasaicall virtue in great eminency that is self-love and partiallity to make their own case different from all other mens as may appeare by these particulars First a question is moved concerning the Kings Supremacy in Ecclesiasticall Affaires They give Power to Kings to reforme the Church just as Bellarmine gives to the Pope to depose Princes not certainly but contingently in the case of an ungodly Clergy that is in their sense all other but themselves but if they be once introduced neither King nor Parliament have any more to doe but execute their Decrees then the whole Regiment of the Church is committed by Christ to Pastors Elders and Deacons so Cartwright then Magistrates must remember to subject themselves submit their Scepters thrâ—…w down their Crownes to the Church and as the Prophet speaketh to lick the dust of the feet of the Church that is of the Presbitery what is this but kissing of the Presbiters toes Secondly where they have hope of the King there the Supreame Magistrate may nay he ought to reforme the Church yea though the Statutes of the Kingdome be against it so say the Authors of the Protestation printed 1605. But what if the King favour them not then he is but a conditionall trustee it belongeth to the States and representative body of the Kingdom but what if the Nobility will not joyne then the People must so said Field since we cannot bring this to passe by Suite or Dispute the People and Multitude must doe it yea though it be with blood as Martin threatens in his Protestation The People saith Buchanan have as much power over Kings as Kings have over particular Persons Nobility saith the Book of Obedience is the Bounty of the People to some Persons for delivering them from Tyrants which prerogative the Children kept by the Peoples negligence And of late have not the Peers been exhorted to mingle themselves with the meanest of the People and for the procuring a parity in the Church to consent to a parity in the State and for the subduing of the pride of Kings for a time to part with the power of Noblemen For a time what 's that that is according to the former Doctrine till the People be pleased out of their Bounty to advance them according to their severall Talents for their zeale to shed the blood of the ungodly The Misery beginns now to open itselfe and I trust will shortly appeare in its right colours By these reverend Fathers I mean the Rabble the Discipline was brought into Genevah it self against the will of the Syndicks and two Councels In illa promiscua colluvie suffragiis fuimus superiores saith Calvin Thus these men make Kings and Nobles but as Counters which stand somtimes for a pound somtimes for a penny pro arbitrio supputantis just like Chawcers Frier he knew how to impose an easy Pennance where he looked for a good Pittance Thirdly the wheele of Heaven hath not yet wound up one thred more of the â—…lew of our Life since we heard nothing but Encomiums of the Law Treason against the Fundamentall Laws and Declarations against Arbitrary Government Now the Law is become a Formallity a Lesbian Rule Arbitrary Government is turned to necessity of State It is not examined what is just or unjust but how the party is affected or disaffected whether the thing be conducible or not conducible to the cause we are governed not by the known Laws and Customs of this Realme but by certain farrfetched dear-bought Conclusions or rather Collusions drawn by unskilfull Empericks without Art or Judgement from the Law of Nature and of Nations which may be good for Ladyes by the Proverbe but not for English Subjects Now are we taught down-right that the Laws of the Land are but mans-inventions morall precepts fitter for Heathens then Christians that we must lead our Lifes according to Gods word as if Gods word and the Law of the Land
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
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
you doe not this you have made us a very long discourse to little purpose Your Argument consists of a Proposition and an Assumtion The Proposition is this All Laws and lawfull Customs are confirmed to the Subject by Magna Charta and His Majesties Oath for observation thereof Your Assumtion stands thus But to have nothing necessary denyed us is a lawfull Custome a Parliamentary Right and Privilege you amplifie your Proposition as the blind Senatour commended the fish at dextra jacebat piscis It is your assumtion Sir which is denyed bend your selfe the other way and shew us in what particular words of Magna Charta or any other Charter or any Statute this Privilege is comprehended or by what prescription or president it may be proved if you can doe none of these sitte down and hold your peace for ever The Charter of Nature will be in danger to be torn in pieces if you stretch it to this also To be denyed nothing 〈◊〉 is a Privilege indeed as good as Foâ—…natus his purse or as that old Law which one found ouâ—… for the King of Persia that he might doe what he would But you limit it he ought to deny them nothing which is necessary what necessity doe yoâ—… meane a simple and absolute necessity that hath no Law indeed or a necessity onely of convenience 〈◊〉 but conveniences are often attended with greater inconveniences A cup of cold Water to one who 〈◊〉 a feverish distempâ—…r is convenient to assâ—…ge 〈◊〉 〈◊〉 sent thirst but pernicious to the future habit 〈◊〉 of his body Many things may produce prâ—…sent 〈◊〉 yet prove destructive to a State in their consequents These things therefore must be carefully ballanced and by whom will you be your own Judge or will â—…ou permit His Majesty to follow the Dictate of his own reason so it is meet and just if you will have him supersede from his own Right Lay your hand upon your heart if you have any Tenents who hold of you in Knight-service and they shall desire to have their tenure changed to free Soccage as being more convenient conducible for them â—…re you bound to condiscend It is well known to all this Kingdome that the Kings thereof have ever had a negative voice otherwise they had lesse power then a Master of a College or a Major of a Corporation That no Act is binding to the Subject without the Royall Assent That to say the King will advise was evermore a sufficient stop to any Bill Yet the ground of this bold demand is but the Authors conceit We conceive it to be one Parliamentary right and his reasons are such as may make a shew but want weight to beget a very conceit The former is that new Laws and old being of the same necessity the publike trâ—… must equally extend to both How often must he be told that the publicke trust is onely a trust of dependence which begets no such Obligation as he conceits Offices of inheritance are rather maâ—…ters that â—…ound in interest then in confidence Neither is there neither can there be the same necesity of observing 〈◊〉 old Law to which a King is bound both by His â—…ter and by His Oath and of a new Law to â—…hich he hath not given his Royall Assent If Magâ—… Charta did extend to this it were Charta maximâ—… the greatest Charter 〈◊〉 ever was granted If the Kings Oath did extend to this it were an unlawfull Oath and not binding To sweare to confirme all Laws that should be presented to him though contrary to the Rule of Justice contrary to the Dictate of his own reason Among so many improbable suppositions give leave to the other party to make one The Author is not infallible nor any Society of Men whatsoever Put the case a Law should be presented for introducing or 〈◊〉 of Socinianisme or Anabaptisme or the new upstart independencâ—… is His Majesty bound to give his Assent Surelâ—… no Not to assume his just power of Supremacy as your late new Masters confesse were damnable sinne His other Reason is this it kills not whether the word eligerit he should say elegerit in the Kings Oath be in the future tense or in the perfect tense whether he sweares to all such Customes as the People have chosen or shall choose for it shews that the Peoples election was the ground of anciâ—… Laws and that ought to be of as great moment noâ—… as ever It is a rare dexterity which the Observeâ—… hath with Midas to turn all he toucheth into Gold whatsoever he finds is to his purpose past or â—…o come all is one but he would deceive us or deceives himselfe for the Peoples election never was nor now is the sole cause of a Law or binding Custome but the Peoples election was the Sociall or Subordinate Cause and the Royall Assent concurring with iâ—… they were ever joyntly the adaequate ground of 〈◊〉 and still are of the same moment that they weâ—… joyntly and severally which the Observer mighâ—… have discovered with halfe an eye But because His Majesties oath at his Coronation is so much insisted upon as obliging him to passe all Bills that are tendred unto him by His Parliament it will not be amisse to take this into further consideration which I shall doe with all due Submission First It must be acknowledged by all Men that the King of England in the eye of the Law never dyes Watson and Clarke two Priestâ—… 〈◊〉 that they could not be guilty of Treason because King Iames was not crowned The Resolution was that the Coronation was but a Ceremony to declare the King to the People so they were adjudged Traytours The like measure in the like case suffered the Duke of Northumberland in Queen Maryes daâ—…es onely with this difference Watsons and Clarks Treason was before the Coronation but the Dukes before the very Proclamation Coâ—…sensus expressuâ—… per verba de presenti facit matrimonium a contract in words of the present tense is a true Marriage and indissolvable and yet for Solemnity sake when the partyes come to receive the Benediction of the Church The Minister though he knew of the contâ—…act yet he askes wilt thou have this Woman to thy Wedded Wife There is no duty which our Kings do not receive as Oaths of Fealty of Allegiance no Acts of Royall Power which they doe not exercise as amply before their Coronation as after And therefore M. Dolman otherwise Parsons the Jesuit from whom these Men have borrowed all their grounds erred most pittifully in this as he did in many other of your Tenets that a King is no more a King before his Coronation then a Major of a Corporation is a true Major after his Election before he have taken his Oath To thinke a few scattered People assembled without any procuration have the power of the Commonalty of England is an Error fitter to be laught at then to be confuted Secondly the words of the
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
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