urged on one man confiding in his own singularity He might have known them to have been unanswerably refuted and kild before their birth But since he will have the Parliament so great practicians of Popish policy in respect of some infallibilitie which he saies and they never arrogated save onely a probability of lesse erring in that question betwixt his Majestie and themselves let me I say nakedly recite what the learned and yet unanswered Divine in this matter which the Animadversor so triumphs in hath urged against the Papists whom it most concerns so to leave the Reader to assume what shall seem most deducible to himself His words are these Chilling c. 2 p. 49. * He that would usurp an absolute tyranny and lordship over any people need not put himself to the trouble and difficulty of abrogating his Laws made to maintain the common liberty for he may frustrate their intent and compasse his design as well if he can get the power and authority to interpret them as he pleases and have his interpretations stand for laws I shall not need to recapitulate the condition of our Laws before the Parliament nor yet what interpretations they received Which interpretations were held so Authentique that they made the Law but a nose of wax to wring some times this way for Ship-money and for the lawfulnesse of it as to make the King likewise the sole Judge and redresser of all publike dangers sometimes another way for legall monopolies c. Let the world then judge who arrogate most infallibility or have more made use of Papists or Popish policy 3 The Observator saith that the Parliament deserted by the King in the whole Kingdoms distresse may relieve it and the King Here is asserted the publique Interest of State which can fall under no notion of any inferiour Court to examine But the Animadversor draws this consequence from thence That then every mans estate may be wrested from his propriety and possession Quà m urceus exit Here he doth most palpably discover the loosenesse of his Logick and cause and how little he holds to his premisses and state of the Controversie betwixt King and Parliament which I so oft noted before and shewed the case to be De jure publico and so politicall Commutative therefore and Distributive Justice being of inferior matters have their inferior Courts and the apparant letter of the Law to decide and power to actuate what is rightly decided But this controversie being De jure publico of a publike right it fals under the notion of another sort of Justice whereas particular proprieties and possessions fall under those two inferior sorts of Justice as hath been proved in the conclusion of the first Position which together with this shew the sandinesse and incoherence of the Animadversors consequence Here therefore we will onely note that even in a common distresse which is lesse then a publique without a Vote of Parliament or expecting any other dispensation of Right a particular propriety may be destroyed by a Community to preserve it self As when the Sea breaks in upon a County a bank may be made of and on this or that mans ground whether he please or no And when our Neighbour Vcalcyons house blazes frequently wee see some houses pluckt down where the fire actually broke not out lest it should consume the whole street And equitie before Poesie that in respect of the propinquitie of the danger we are supposed to be even in the danger it selfe and that the house so pluckt downe is not supposed so much to be dilapidated as burnt Tuns tua res agitur paries cum proximus ardet But I wonder by what Act or Declaration the Parliament hath denyed a compensation to the sufferer in that kinde as the Question now stands If all men did not know that the Parliament hath so provided for the indemnity of those at Hull perhaps the Animadversor might have gained the credit of some modestie in averring That the Parliament upholds publike good with private misery With the like grace also and with sufficient confidence doth he tell us That if there be a great distresse in the Kingdome it is caused by the Parliaments claiming that power which cannot consist with the Royall estate of his Majestie T is prodigious to all honest understandings That the neare engagements of warre with the Scotts twice meerly upon misunderstandings That the designe of strangling the Parliament as soone as it was borne for proofe of which the Parliament presumes to have had too much sufficiency That having the bloudiest and true Papisticall warre in Ireland raysed against our Nation and that against the Parliament especially in the walls of whose house they have already endangered the a breach Jam perlucente ruinâ That even now among our selves we see some who with more alacrity are ready to employ themselves against that sacred Assembly than against those unchristian Rebells and yet that all this should be too little to evince the Realitie as the Animadversor saith of a distressed Kingdome and who is yet more transcendent That all this should be caused by the Parliament which aymes at nothing but the extirpation of the Parliament root and branch and of which some part of it viz. the Scotch troubles had being long before the Parliament had any and then I pray how could it be the cause of it How the King is head and we the body and how the King cannot be insulted over by having his Kingdome and Selfe preserved from ruine is proved at large by the Observer beyond the capacitie of any his animadversions Whether the people may revoke all they actually have transacted to their King is a Question very impertinently inserted by the Animadversor in respect of any thing that the Observator hath in the Parliaments case which is such That when the King shall have endeavoured his utmost he will finde that he shall not be able to preserve the Kingdome in extremitie of distresse without the assistance of the Kingdome it selfe However this the Observator denies that the people could make such a conveyance of power to their Kings as might prove destructive of humanitie So that much of the Animadvertors Divinitie might have been husbanded for an aptor occasion Neverthelsse St Paul in the 13. of the Romans tells us not what power is the highest but that that power which is the highest ought to be obeyed Againe St Paul speaks first of a few particular disperst men and those againe in a primitive condition who had no means to provide for their preservation Moreover it s very observable that St Paul in the 3. verse speaks of a Ruler as our Law speaks of our King viz. That he is not a terror to good but to evill workes The Law likewise saith The King can doe no injustice The interpretation of the one must square with the other and that must be according to the distinction of Fact and Right For according to Fact St
hath such a consent once granted were sufficient to binde the People that it cannot ever be lawfull for them by a major part of them comming in with their Nolumus hunc regnare super nos to deprive him of that right But surely they would never make so absolute a grant of their power to Princes as to devest themselves of it Good Sir shew me that proviso in their grant But it seemes to you unnaturall they should I doe not wonder it should seeme so to you who make it agreeable to the Clearest beames of humane reason and the strongest inclinations of nature and by consequence as you would perswade the world justifiable For every private man to defend himselfe by force if assaulted though by the force of Magistrate or his owne Father and though hee bee not without all confidence by flight c. I wish whilest you have such recourse to nature you would not forget Christianity which teaches subjection and obedience and gives no liberty either to privat men or the maior part of the communalty of resistance but saith they that resist shall receive to themselves damnation And if the Observator be a Gentleman he should tender how he hath recourse to nature in point of right least he give occasion to some Wat Tyler's Chaplaine to preach againe upon that text When Adam dolue and Eve span Who was then a Gentleman He may find a goodly Sermon upon the text set downe by Iohn Stow in Richard the second and such Doctrine delivered upon it the use of which would shake his title to his inheritance and the name of Gentleman POSITION IV. That no Member of the Parliament ought to be troubled for Treason c. without leave OBSERVATOVR This is intended of suspitions onely and when leave may seasonably bee had And when competent accusers appeare not in the impeachment ANMADVERSION IV. HIs Majesty hath said so much of this and so little of it hath beene answered or indeed is answerable that I shall not need to say muach Onely I observe the modesty of this Observatour that he doth not absolutely say they are not to be troubled for those crimes but not upon suspition onely c. I know not what he may call suspitions but I beleeve the best evidences may easily be held for bare suspitions if they may not have liberty to speake out and that they cannot have unlesse the accuser be first in safe custody and brought to triall where they may legally be produced And I beleeve few wise men will thinke it reasonable that the grounds of suspition of Treason should encessarily be opened before triall POSITION V. THat the Soveraigne Power resides in both Houses of Parliament The King having no negative Voyce OBSERVATOVR This power is not claimed as ordinary nor to any purpose but to save the Kingdome from ruine and in case where the Kingdome is so seduced as that he prefers dangerous men and persecutes his loyall Subjects ANIMADVERSION V. HIs Majesty infers upon this Position That himselfe must be Subject to their Commands This sounds but harshly in the eares of loyall Subjects That any posture wherein they can be put can raise Subjects to a capacity of Soveraignty and reduce their Soveraigne to become their Subject But he comforts us here and tels us this power is not claimed as ordinary nor to any purpose c. This is but poore comfort it is not but it may be in good time if they please He doth not say they shall not hereafter or cannot claime it as ordinary and to other purposes then that he names So that there may be other causes that may make them claime this power as well as this But indeed they need no more if it be in their power to declare that to be the case of the King and Kingdome when they please But they will never doe it but where there is a just cause for it and the truth leades them to it Truely I beleeve honourably of the Iustine and Wisedome of Parliaments but I do beleeve that they are not either infallible or that they cannot possibly doe amisse And the Observatour must bring better arguments and I feare he cannot bring so good to make me beleeve otherwise then ever yet were brought for the infallibility of a generall Councell But I have said enough for the present of the residence of Soveraign power in the Parliament and the ground of their claime to it by the vertue of representation in my third Animadversion J shall here onely give the Reader a briefe glosse upon the language here used by the Observatour To save the Kingdome from ruine that is from Monrachy or being goverued by the King The King is seduced that is he is perswaded by his owne understanding and other evill Counsellours not to part with Soveraignty nor to become a Subject to his Subjects He prefers dangerous men that is such as would have him still to be their King prosecutes his loyall Subjects that is such as would rule him and the people at their pleasure POSITION VI. THat the levying of forces against the personall commands of the King though accompanied with his presence is not levying of warre against the King but warre against his authority not Person is warre against the King OBSERVATOVR If this were not so The Parliament seeing a seduced King ruinating himselfe and the Kingdome could not save both but stand and looke on ANIMADVERSION VI. I Thought this Position so strangly Paradoxall and so apparently contrary to reason and common sense that no man would have appeared in defence of it Yet this Observator never blushes nor blinkes at it but affirmes it stoutly But for all that I shall beleeve very slowly That the Kings person can at any time bee without his Authority Or that they may destroy the Kings Person to preserve the King My Faith is not strong enough to beleeve these sublime points and mysteries of State I shall subscribe thus farre That warre against the Kings Authority though in the absence of his Person is warre against the King But that the King and his person should be in two places will never I feare downe with me But however I le see his reason What 's that Why else the Parliament seeing a seduced King running himselfe and his Kingdome could not save both but must stand and looke on Surely this reason is full of waight and ready to burst it is big with probability I supose the Reader understands his language heere by my former glosse But if wee should take the words as they sound the reason would seeme as strange as that which is brought to confirme The King running himselfe and his Kingdome a mad King or an Ideot hee meanes and then 't was fit the Parliament appointed him a gardian Ruining himselfe and his Kingdome Is it possible That the King should ruine himselfe and his Kingdome What The King alone Is he alone able to doe it without the people It
is hardly credible If he have the people on his side and a pevailing Major party I thinke the Observator standing to his owne Principles will not deny that hee hath Soveraigne power with him and that it is unnaturall to thinke the Community should destroy it selfe But the Community hee will say is to be looked at in Parliament Well But good Sir may not the people withdraw the power of reprentation which they granted to the Parliament was their grant so absolute and so irrevocable that they dispossest themselves wholy of taking or exercising that power their owne proper persons Remember your principles about the conveying of Soveraigne power into the hands of Kings and if you can shew no better Cards for their power of representation then the Peoples revocable consent and I would faine know why it should be more revocable from Kings then men you will finde their tenure in it very tickle POSITION VII THat according to some Parliamente they may depose Kings OBSRVATOR T is denied that any King was deposed by a free Parliament fairely elected ANIMADVERSION VII I Like this note better then all the rest and am wholy of his minde That never any free Parliament fairely elected deposed any King and I hope whatsoever his principles seemes to insinuate they doe not beleeve they have power to doe it and pray that they may never attempt at least not to be able to depose the King or destroy Monarchy The Authors Protestation HAving finished these sudden Animadversions I doe protest in the presence of Almighty God with my life power and estate to maintaine and defend so farre as lawfvlly I may the true Reformed Protestant Religion His Maiesties Person Honour and Royall Estate The just Liberties of the Subject and the power and priviledges of Parliament so farre as I shall bee able to know or understand them and to doe all other things contained in the late Protestation And this I doe sincerely and from my heart beleeve my selfe to be under the guilt of Perjury if I faile in any one thing here protested And therefore shall never hold my selfe absolved by observing one if I violate it in any other part I shall ever defend his Majesties Person Honour and Royall Estate as my sole Soveraigne and the Parliament next under him in the highest capacity of Subjects as the Supreame Judicatory the great Counnell and Body Representative of this Kingdome And I pray that all those that doe cot joyne with me may either speedily be converted or confounded Faxit Deus FINJS ANIMADVERSIONS ANIMADVERTED Or a Reply to the late Animadversions upon those Notes which a late Observator published upon the seven Doctrines and Positions which the King by way of Recapitulation layes open so offensive THe Animadversor hath attackt the Observator just like a weak and degenerous enemy that durst not encounter his adversary in open field but lodgeth himself in some obscure and ignoble passage to attempt at least upon his Arriere-guard not being able to pierce into his main body The ingenious peruser of both I doubt not may discern that the Observator in the conclusion of his Treatise onely recapitulated seven Refults out of His Majesties papers in contradiction to his Antecedent disquisition and the Parliaments proceedings that so one might compend ously view the subject of his discourse and as it were by an Index find out the consutation of His Majesties positions by the fore-going Arguments of the book which the Animadversor very cautelously is pleased never to take notice of in the whole Discourse 1. In the first position the Animadversor grants the Observators Arguments for the declarative power of Parliament in respect of the safe residence of that power in the bosome of the Jutelary Assembly But with this restriction That he should have allowed he King his place in Parliament and not have named a Parliament without him But how could the Observator without affronting impudence speak otherwise seeing His Majestie in present is pleased actually to have his residence out of Parliament and will not allow himself a place in it but instead of concurrence with it seeks the remotest distances from it The better therefore to see how the King and Parliament are in parts we will first negatively and then positively open the present Controversie betwixt them which is the cause of their disjunction Which in the first place is not this which most men conceive That when His Majestie shall agree and the Parliament likewise agree for establishing some new Law or interpreting some old which may be for the particular commoditie of some conditions of men onely in the common-wealth Whether then the King ought to declare this or that to be Law exclusively of the Parliament or the Parliament do the same exclusively of the King But positively it is this When there is visibly a danger readie to confound the whole common-wealth and consequently all particular commodities and persons Whether the State if then convened may not lawfully of it self provide for its preservation especially if the King either see not the danger or seeing it will not provide for it in such manner as may give best securitie to Himself and Common-wealth When therefore such a Question shall justly arise betwixt King and Common-wealth which collectively is that we call a Parliament it being of publike interest of State and so De jure publico it cannot fall under the examination of any inferiour judicature with which those so known voted Laws the Animadversor speaks of are to be found For that is furnisht onely with rules of particular not universall justice for the decision of particular differences betwixt this or that man for this or that thing Which rules being too narrow for so capacious a subject we must recurre to those that the originall Laws of Nature and Policy hold out to us which must needs be superior to the other The chiefest rule of that is Ne quovismodo periclitetur respublica That by all means publike safety be secured And every State must principally endeavour to hold fast and sure our publike sociable Incorporations one with another from publike distresses calamities and destructions which may arise from our selves or other forraign Kingdoms And whilest that is done according as Natures Laws and Policy prescribes in Universall justice then may well in the mean time proceed to make or revise Laws of Particular justice which is of particular things whereby we may commutatively encrease our fortunes and estates one by another or by forraign commerce But if those that sit at the head of the Commonwealth shall let loose the holm of it and so let it float at all hazards or else unadvisedly steere it directly towards rocks and shelves It self is bound by those original Laws which surely may be some means to save it self from a wrack And how the King is not invaded or wrong'd by having himself and his Kingdom preserved from imminent danger and how it is possible a King may