argument of true absolute Soveraignty But I hope on the other side our Author will take notice that the right of Conquest cannot be pleaded to acquit or discharge Princes of their duty There is Onus aswell as honos that is a great burden charg and care aswell as honour and renowne thââ¦t is inseperably incident to this great function and therefore he that gaines the one be it by discent conquest or otherwise must discharge the other The fountaine and efficient cause of power is the people and from hence the inference is just the King though he be singulis major yet he is universis minor The author tels us that This inference is most weake and that the quite contrary may clearely be concluded pray heare his reason The people being the efficient cause of power which can be no other way but by deriving their divided power and uniting it in him since they cannot retaine what they have parted with nor have what they gave away it followes ââ¦e which ãâã their power I may adde his owne perticular besides must needs be greater and more powerfull then they The Authors argument to destroy the Observators inference is but this that though the people be the fountaine and efficient cause of power yet for that they have made a free Donation of all power to the King since they cannot be owners of that they have given away therefore it must needs follow that the King is greater then the people I doubt the Author will finde it a greater difficulty to maintaine this Argument then to make it for if it can be proved on that hangs the strength of his argument that the people have not divested themselves of all power oââ¦t of his premisses the consequence is just that the universe is greater then the King Now if trust and condition are inseparable incidents to Soveââ¦ty as I have shewed before it must follow that the people represented by a Parliament may call in question the breach of them for otherwise the power would be in effââ¦ct ãâã which hath been denied even by the King himself who acknowledgeth that his Kingdome is commited to him in trust and if so as no doubt pââ¦dents of that nature are not wanting to posterity for that no question that was one maine ground of the constitution of Parliaments the restraining of the exorbitancy of Princes why then how can it bee that the people should have divested themselves of all their power for it must be agreed that that power which may call in question the discharge of others is the supreame and superintendent for no inferiour power can doe it so that by this time I hope the Author is satisfied that the Obseââ¦ors inference is just and his reason weake and defective But the Observator tenders a proofe of the premisses for saith he If the people be the true ââ¦ent cause of poweâ⦠it is a rule in naââ¦ure quicquid efficit tale est magis tale Sââ¦ange sayes the Author that men upon such palpable sophistry should endeavour to cast off Monarchy It is more strange to mee that men against cleare reason should make theââ¦selves so palpably ignorant can not the Author difference a reasonable modification or qualificatioâ⦠from an extreame extirpation or eradication if my reason faile me not it is he that indeavoureth what ever he pretend the casting off of Monarchy for as Monarchy is never so secure as when fenced in by the wisdome of Parliaments it submits to their determinations so it is never so much in danger as when it exalts it selfe above and against them and endeavoureth an absolutenesse of Soveraignty hence it may be determined who are the greatest enemies to Monarchs But pray what is the sophistry the Observator stands accused of why it is this he hath given you a rule that is regularly not generally true that will maintaine the case in question not all others for instance he tels the Observator That he will be unwilling to follow the consequence of this rule and why for that saith he he hath an estate which no question ãâã would willingly improve let him bestow it upon me he will make me rich aââ¦d ãâã richer for quicquid ãâã tale est magis tale I this is thaâ⦠ââ¦hat hath made this great combustion maââ¦r of ââ¦ight and estate could you perswade us out of our reason you would quickly seize upon these but I trust your sophistry shall not so captivate our sense as to betray our selves to ruine by a foolish prating with that which God dispenced unto our Ancestors and they through his mercy ââ¦queathed unto us If I should tell you that God made man therefore God is greater than man or that the Ocean distributing it selfe into severall streames or rivolets is greater than those rivolets and so conclude that therefore quicquid efficit tale est magis talâ⦠you would presently say that this were no infallible way of reasoning why for you to conclude that it doth not hold in some cases therefore not in the case in question is not this the same fallacy but as befor s now I shall make good the Axiome in our case upon his owne grounds for he saith it doth hold in those agents in whom the quality by which they operate is ââ¦erent and from whom it cannot be seperated not true in those who by way of donation dââ¦st themselves of power or wealth That power was origiââ¦lly inherent in the people that I thinke will not be questioned That the people ãâã not divested themselves of all their power is cleared thus as I have shewn before that power that is fiduciary and upon condition must needs bee subject to a power more supream to see the due discharge of this trust and condition or othââ¦rwise it would in effect prove absolute but I say the Royall dignite and authority is fiduciary only and upon condition therefore it must be subââ¦ect to a power more suââ¦e wââ¦h can bee no other than the people represented by a Parliament Besides what a groundlesse and unnaturall thing is it to think that a people in whom all power did origââ¦y reside should so totally and absolutely dispose that to one which being abused must without hope of redresse prove their owne inevitable destruction I but saith the Author If the King be universis minor then the people have pââ¦ced a King not over but ãâã them and ãâã doe ill to ãâã when they might command they may ãâã it from the Prince their subject The King is universis minor lesse than the Publike but he is singulis major over and above all individuals and therefore the Author in this doth not much mistake himselfe for that undutifull and ââ¦urable passage of commanding of his Majestie and of making him our subject I wish withall my soule that the Author of this booke and his associates were not more guilty of this then his Parliament could ever Parliament or ââ¦ple with more
owe it ãâã ãâã ãâã and viâ⦠of the Parliament ãâã ãâã ãâã ãâã which ãâã have ãâã by this time ãâã ãâã ruine and destruction Besides there is no ãâã the cause or ãâã ãâã ãâã ãâã the ãâã shall we conclude the clouds which ãâã ãâã our ãâã to ãâã ãâã ãâã vapours ãâã they ãâã ãâã ãâã down ãâã us or that our ãâã is ãâã an idle ãâã ãâã happily our care or ãâã ãâã ãâã impediment hath ãâã and ãâã the ground and cause of our jealousie The Observator having shewed how that Kings are ãâã to ãâã the ãâã ãâã saith what ãâã is it then in ãâã when they will ãâã ãâã ãâã conscience and reason in things ãâã ãâã the people No Man justifies pretended conscience no man can condemne reall T is true but conscience ãâã not to oppose or contradict that which is good and behoovefor the people I but there is no ground of objecting of pretences saith the Author and why so because the people are deceived and if they looke upon his actions they will ãâã unto them as ãâã as the day I am so ãâã of his ãâã piety and goodnesse that I ãâã they ãâã so T is his evill ãâã that causes this misunderstanding and breach ãâã his sacred person and his ãâã ãâã that their ãâã will prejudice his right and that ãâã ãâã with honour and a good ãâã grant ãâã which ãâã ãâã to would injure ãâã I but againe ãâã saith hee hee that hath ãâã so much in this ãâã and that in a ãâã ãâã as put all ãâã Royall ãâã acts ãâã grace together they ãâã much short of his And no wonder the ãâã was sick of many ãâã ãâã ãâã through the long ãâã of Parliaments and all these which by their happy continuance might have beene prevented must now apply ãâã to the Soveraigne ãâã of his Royall Grace and favour for their ãâã ãâã Would not have ãâã any thing which was ãâã not anything since ãâã wants ãâã ãâã ãâã them but ãâã should ãâã him into farre worse ãâã than that of poverty T is not his Majesties necessity that can ãâã or ãâã his evill ãâã ãâã a complyance with his Parliament what is his necessity to them if theirs finde a supply ãâã Rex ãâã regnum they care not But t is strange would setling of the ãâã by the advise of his Parliament put the King in a worse ãâã than poverty why yes he that gives away part of his ãâã is poorer ãâã if he had divested himsefe of the ãâã ãâã ãâã ãâã plus ãâã a pretty fallacy The vertue of ãâã ãâã beene denyed to the Commons and a ãâã hath ãâã made betwixt the parties chosen and the parties ãâã and so that ãâã ãâã of all ãâã that immovable ãâã of all ãâã and power whereby the ãâã ãâã the ãâã right of all the ãâã and ãâã of England hath ãâã attempted to be ãâã and disturbed There may be a ãâã in the imputation of Severance and ãâã of representation to the Commons For put the ãâã ãâã a ãâã men of a county present a ãâã to the House against ââ¦ed lawes and the ãâã discipline of the ãâã this is received and thankes returned if ãâã another petition modestly and ãâã expressing ãâã ãâã as that most excellent petition of Kent be presented ãâã by men more ãâã then the ãâã c and this in ãâã of the present government c. t is ãâã ãâã or the ãâã ãâã that ãâã it this by no ãâã is to bee called a ãâã or ãâã of representation T is neither number nor ãâã of persons though I confesse these may ãâã somewhat the better glosse upon ãâã ãâã can ãâã a petition either good ãâã ãâã No ãâã the ãâã of it And they that shall dare to make one ãâã against ãâã ãâã and ãâã ãâã and ââ¦terminations of the House t is no ãâã if they be put to make a second for their ãâã ãâã in so doing t is they not the House that deny the ãâã of representation Most of our ãâã ãâã ãâã ãâã in Parliaments have proceeded ãâã this ãâã the people upon ãâã ãâã and ãâã accusations have beene so ãâã to ãâã themselves from their representatives and ãâã there can be nothing under Heaven ãâã ãâã ââ¦cing God which can be ãâã ãâã and ãâã ãâã in the ãâã than ãâã Here we may see the ãâã of ãâã ãâã ãâã And ãâã you may d'scover the over powring of ãâã or ãâã ãâã ãâã ãâã for saith he certainely we ãâã ãâã ãâã Oath of ãâã ãâã of ãâã ãâã ãâã ââ¦ther did ever as I have made ãâã good before the body ãâã ãâã his ãâã ãâã it ãâã evidently follow saith ãâã that ãâã ãâã a ãâã ãâã ãâã than ãâã ãâã ãâã ãâã If one ãâã can ãâã ãâã ãâã ãâã ãâã may ãâã his ãâã ãâã ââ¦wise it will prove ãâã This he grants as ãâã that the ãâã power of ãâã ãâã ãâã ãâã ãâã ãâã ãâã King and ãâã in the ãâã ãâã ãâã ãâã the ãâã can make a ãâã ãâã ãâã or Law without the ãâã ãâã ãâã ãâã ãâã the King This one ãâã ãâã constantly ãâã to would ãâã prevented ãâã ãâã ãâã ãâã ãâã ãâã might restore the Kingdome to ãâã ãâã ãâã Author never read any Law that knowes not what ãâã ãâã ãâã must receive an equitable favourable ãâã according as ãâã and ãâã ãâã of the case administers occasion for summum jus est ãâã ãâã ãâã ãâã the law may ãâã be unlawfull And therefore the ãâã doth make a good qualification of his ãâã ãâã ãâã ââ¦ing onely in ãâã cases but if the safety of the people ãâã ãâã ãâã ãâã ãâã ãâã ãâã ãâã ãâã unto them then an extraordinary course may be ãâã ãâã This is it which hath so mââ¦serably rent this Kââ¦ngdome and raised these sad divisions Most malicious and scandalous 't is not this but the want of its due observance and neglââ¦ct of our duty thââ¦t hath raised thes ââ¦ad distracââ¦ions Fiââ¦st the People are made beleive they are in danger Strange that a Parliament should infringe their trust and so easily deceive a whole Kingdome Then a prevention of thââ¦se danges is promised Good reason ââ¦oo a whole Kingdome ought not to be sold to misery and destruction upon an easie rate The ãâã is this in case of apparent and immiââ¦ent danger the peoples sasety is not ãâã be neglââ¦cted they ought not to be exposed as a Prey to the enemy therefore most ââ¦it they should be put into a posture of defence Well what could reason or malice it selfe object against this I but then none so fit judges of this apparent and imminent danger as the two Houses Is any one so fit Or can any discover more than the rââ¦presentative body of the whole Kingdome Wherefore they to order this Militia Had onâ⦠Author intended to have dealt fairely and candidly he would have showne the man humble Petitions and requests of the Parliament to
thou ãâã to ãâã with that just man for I have ãâã many things this day in a ââ¦reame because of him what was revelation to her was but a single tradition to hââ¦m she was obliged to believe God speaking to her ââ¦e was not ââ¦ound to believe a woman speaking to him c. I shall not descant as our Aââ¦thor dââ¦th upon this reveââ¦ation nor trouble my selfe to shew of what validity and esteeme it ought to have ãâã to ãâã though ãâã it ought not to have beene vilipended and rââ¦jected and the rather for thaâ⦠he himââ¦lfe could discover no fault in him as he professes Ioh. 18 and againe Mâ⦠27. 18. he sayes he knew that for ãâã they had delivered him wherefore it must needs aggravate his fin who contrary to the ãâã of his wife agreeing with his own knowledge should thus passe sentence of death upon an innocent Neither were these grounds ãâã in this ãâã to challenge his assent and make him yeeld to their vote which the Aââ¦thor by way of alluââ¦on to the Observator hââ¦re ãâã down ââ¦at his single judgement was not to be preferred before all advise Thââ¦t the many eyes of all the people sââ¦e more than his Besides there was a ãâã groââ¦nded upon nature that a ãâã can haââ¦e no private ends to mislead it No ãâã here was a sole ãâã and knew Christ to be innocent and therefore contrary to his owne knowledge and evidence of fact ãâã ââ¦ot to haââ¦e bââ¦ene ââ¦wayed by the multiââ¦de but where there is a joynt judiââ¦all power this doth no way conclude against a wise concession to the majoritie in cases dubious and ãâã If one Iudââ¦e upon the Bench ãâã fââ¦om thrââ¦e or one ãâã at the ãâã from eleven they may submit to the major number though perhaps lesse ãâã than ãâã ãâã ââ¦putation of guilt The Oaââ¦h of the ãâã is that tââ¦y will doe rââ¦ght betââ¦ixt party and parââ¦y accorââ¦g to ââ¦vidence given in not their ââ¦ellowes votes How his Caââ¦uists will satisfie a mans conscience when he violates this Oath I know not The Author mistakes t is no vââ¦ation of oath in matters dubious for the ãâã to yeeld to ãâã whose verdict must needs be of greater strength ãâã validiââ¦y for ââ¦hough possââ¦ly that one ãâã ãâã than the eleven yet t is eleven to one ods sufficient that he doth not And if he doth as hee ought agree with them in their verdict this is no complyance in vote but a proceeding accordââ¦g to the information of testimony And therefore in this case he need not appeale to a casuâ⦠ãâã ãâã his ãâã for if he doe right betwixt paââ¦ty and party the oath is sufficiently ãâã T is ãâã ãâã many ãâã there may ãâã a legall submission but then the Law doth not require ãâã ãâã act contrary to conscience but provides for the preservation of the innocency of the ãâã ãâã by making the act of the major part have the force of the whole A ãâã ought not so to sacrifice to his owne net or to be devoted to his owne opinion as not to ãâã to the greater number of his ãâã Nay we know ãâã usuall for one single Iudge being ãâã to the other ãâã to release his opinion and doe we think in this he doth an act conâ⦠to conscience seeing all men are subject ãâã errour the more secure and safe way is in ãâã ãâã for one to ãâã to the judgement of many and not for many to ãâã to the Vote of one ãâã so ãâã ãâã much more in State wher the very satisfying a ãâã somtimes in things not other ãâã ãâã may prove not only ãâã but ãâã ãâã ãâã of peace and ãâã of strife True if in law ãâã otherwise A ãâã must not displease God to please the ãâã If the Author intend in matters cleare and obvious to every eye there he is in the right a Governour ought not to displease God to please the people But if in matters ãâã and inâ⦠here he failes it may be both convenient and lawfull in such case to subscribe to the ãâã Many times the ãâã of an unreasonable request doth not satisfie but increase their ãâã T is expedient sometimes for Governors to grant that which otherwise would not be necessary There is a freedome of policy they may make use of sutable to the times and occasions and not prejudice the law of God or their owne ãâã That which at another time may bee unreasonable may now be couvenient Better to run the hazzard of an illimited desire than to destroy all for want of their present satisfaction That the ãâã and Magazine of Hull c. should be entrusted into such hands as were in ãâã ãâã good ãâã me conscience and understanding could plead nothing against it The King had more ãâã of some ãâã more confidence in the fidelity of others The same may be verified of the Parliament though upon better ground and ãâã our former sufferings could not but ingage our ãâã the future And how could we trust those with this great ship of the Common wealth in an imminent storm who had ãâã run it upon the rockes and quicksands in a calme If ãâã could ãâã beene ãâã as it could not for the contrary was true that this would ãâã ãâã ãâã and have ãâã the occasion of greater danger What hath beene the cause of these unhappy ãâã ãâã the taking of the Kings towne from him by ãâã and the illegall ãâã of the ãâã upon ãâã of apparent danger What impudence of Malice are these times reduced to that any private pen dare charge the Parliament with such ãâã Is ãâã the Towne of Hull possessed in his ãâã behalfe for the securing of him and his ãâã and is not the ãâã thereof ãâã upon the ãâã ãâã as the Parliament have ãâã ãâã it If his Majesty should ãâã a forâ⦠force or ãâã to invade the ãâã and should surrender up a ãâã ãâã is ãâã not lawfull for his Subjects to seize his ãâã for his and ãâã ãâã ãâã And for the ãâã ãâã is said to be ãâã ãâã he ãâã ãâã of all law and had ãâã most absolute ãâã that ever ãâã ãâã to yet let me tell him that ãâã doth ãâã ãâã the ãâã of ãâã and ãâã to stile ãâã ãâã which the ãâã have upon ãâã ãâã ãâã and ãâã ãâã be legall And I ãâã ãâã ãâã ãâã can imagine his ãâã should ãâã rate that of the ãâã Nay ãâã ãâã yet ãâã for the Parâ⦠to ãâã all this upon ãâã of ãâã and to ãâã ãâã where no ãâã was c. ãâã if the ãâã ãâã he had ãâã ãâã it might in so many ãâã be ãâã ãâã c. Doth the ãâã ãâã all other ãâã to be blind ãâã he ãâã ãâã ãâã are ãâã ãâã the ãâã or ãâã a ãâã the ãâã ãâã because his confidence ãâã ãâã that the ãâã danger which ãâã this ãâã hath not ãâã ãâã ãâã ãâã we
future thus abuse his judgement and discretion Lââ¦t me give him this caution when his heart shall suggest any ill of so great and reverend a counsell whose actions ought to awe him to a good conceipt of them to consider well the grounds and reasons of his mistrust and when he hath done this ponder on the great disproportion and inequality that there is betwixt so great a power and himself and this will either ingage him to a better beleife or force him to silence And let thâ⦠people take this Caveat that the subtile prââ¦ssing and urging of the ill examples of other men ought not though it be most maliciously indeavoured to perswade us to a beleife of the like corruptions in the Parliament The things taken from the King at Hull were armes which are of more danger than other kind of Chattells By the same law all that part of the Kingdome which is not confided in may be disarmed Good reason too if in a publique ãâã they shall appeare in opposition to them who indeavour nothing but the publique fafety and preservation Nay why may not their money be taken too upon probable feare they may buy armes with it If that probability can be evidenced by a sufficient proofe I see no reason any man should be permitted to buy a sword to helpe to cut his owne throat nay more to hasten the ruine of the Common-Wealth The Subjââ¦ct is in a miserable condition that is liable to be undone as often as they please to be fearefull Wee should be in a farre worse condition if we should not feare when we have just cause and prevent the losing of the whole by a wise parting with some small and inconsiderate portion Let Brainford evidence this truth I but he saith it is so farre from excusing it aggravates the fact to take away the Kings armes that is the meanes whereby he may seize whatever else belongs unto his Majesty It doth much extenuate the fact to seize those things which would be more immediate Agents or instruments in his Majesties and the publique ruine I but then againe hee sayes that the law of the land hath onely intrusted the Prince with armes so that the Subject ought not to he arrayed trayned and mustered but by his Commission He sayes very much and of great consequence had it beene at another time But as circumstances may vary a case so I hope the Author will learne to distinguish betwixt a case in neceââ¦ity and one out of necessity Betweene the Kings adhering to the advise of his great Counsell the Parliament and his deserting of them and betweene the due execution of his trust and the breach of it These layed together will much vary the case and justifie the Parliament in their arraying trayning and mustering without his Majesties Commission But some determination must be supreame and therefore either the Kings power and trust must be guided by the directions of the Parliament or else the Parliament and all other Courts must be overruled by the Kings meere direction No necessity of either for in cases of this nature which is confessed to be extraordinary if the King and Parliament dissent things must be at a stand and the Subject must be obedient to the ordinary law Our Author doubââ¦lesse hath a strong Minerva that could make so subtile a decision of a matter of so great controveââ¦sie But I beleive this concept was as soone penned as it was thought on For what is this but in plaine termes to tell the Parliament hat they might aswell have saved their labour And that if a King seduced by evill counsell shall indeavour the destruction of the publique yet it lyes not in the power of the Parliament any way to oppose or prevent it A sad conclusion if it would hold But then his Majesty maintaining of his negative power puts this case whether if the Papists in Ireland in truth were or by act or accident had made themselves the Major part of both Houses of Parliament there and had pretended the trust which the Parliament here doth from the Kingdome of Ireland thereupon had voted their Religion and liberty to ââ¦e in danger of extirpation from a Malignant party of Protestants and Puritanes and therefore that they should put themselves into a possure of defence that the ãâã and ãâã of that Kingdome were to be put into the hands of such persons as they could confide in c. Wheââ¦her he were bound to consent to all such alterations as these men should propose to him and resolve to be for the publique good I shall not need to prove the unlikely hood of their accomplishing their desired ends nor go about maintaine with the Observator that there is as true and intimate an union betwixt England and Ireland as betwixt England and Wales Neither do I thinke if it were so that the two Parliaments would joynâ⦠for transacting and concluding upon matters for both states But to the question I shall give this short answere that I do not conceive the King in such case bound to consent to their proposalls For I never did nor shall allow where their conclusions and requââ¦sts are evidently against lââ¦w reason or Religion if that may bâ⦠presumed of a Parliament that in such case the Kiââ¦g is bound to yeââ¦ld to their Votes No farre be it from any one thus to judge for that were to make him a ââ¦yrant though against his will and to be ingaged in his peoples ruine against his conscience But now what use or advantage can be made of this against the casâ⦠in question ââ¦he Parliaments proposalls being not apparently either against law reason or Religion doââ¦h nonplus my understanding to imagine A faction is said to have prevailed upon a Major part by cunning ââ¦orce absence or accident The Observator argues thus aginst it If by cunning we must suppose the Kings party in Parliament hath lost all their law policy and ãâã The reason why they are overborne may be this not because they have lesse law but more hoââ¦sty which will not permit them to maintaine a good cause by ill meanes No the reason is evidently this that they have liââ¦le law and ãâã Honesty which wiââ¦hholds them from promoting the publique safââ¦ty I but how falls it out that after so many reiterated scandalls of pretences and deceivings of the people the Author should now confesse that the cause is good only he adds that there is an ill prosecuting of it which he ought to prove if he expects we should beleive him Certainely he did not read what he had writââ¦en or not understand it or there is some hope now at the last after the venting of his spleââ¦ne that he will prove a convert But I dispaire of convincing him by better reason for he is here in his very next words fallen into a contradiction where he saââ¦es that wee all know in how great stead these Piae