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cause_n just_a king_n law_n 2,604 5 4.7027 4 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A40749 A Further inquiry for truth, for the better satisfaction of scruplous [sic] consciences ... 1642 (1642) Wing F2558; ESTC R17987 6,177 10

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A further Inquiry FOR TRVTH For the better satisfaction of scruplous CONSCIENCES Reade and Judge LONDON Printed in the Yeer 1642. WHether may the King be disobeyed and his commands withstood or not Whether He is to be opposed in his proceedings by any command of the Parliament Or whether are we now to obey King or Parliament Answ 1. First some Princes think that they may lawfully do whatsoever they have power to do or can do but the contrary seems truer both by light of Reason Religion and all power intrusted by Law in the hands of any viz. that Princes have no power to do but what is lawfull and fit to be done Answ 2. Secondly personall actions of superiours be disobeyed The Gramarians say Rex regis à rego the word King comes from Governing because Kings are no other but more high and supreme Governours and Magistrates Now some hold and I think warrantably that if any Magistrate or Judge do pursue a man not judicially and by order of Law but invade him by violence without any just cause against all Law that then in so doing he is to be held as a private person and as such we may defend our selves against him As for example a woman may defend her own body against an adulterer though a Magistrate A servant may hold his masters hands if he seek to kill wife or children in his rage Marriners and Passengers may resist him who stands an helm if they see that he would run the ship against a rock yea they might hold the Princes hands if being at the helm he misgoverns th● ship to their certain shipwrack without prevention because by his so governing thereof he hazards both his own life and theirs and they by holding of his hands prevent both his and their own ruine which seem● to be our present ease and therefore much more may the whole Body defend it self against any such unjust and unlawfull invasion as will endan ger the safety and welfare of all Answ 3. Thirdly the Kings personall that is verball commands without any stamp of his authority upon them and against the Order o both Houses of Parliament I imagine may be disobeyed For I do conceiv that no Lawyer will say that suppose the King should take the Broad Sea of England from the Lord Keeper into his own hands th●t all the Writ whatsoever he should issue forth sign'd with his own hand seal'd there with ought to be obeyed for it is not the stamp and impression of the Seal which makes a thing lawfull but the Keeper thereof ought to be a Lawyer and by his place should not for fear or favour signe any Writs therewith but such as are legall and if he do otherwise he is liable to be questioned and censured by a Parliament And therfore doubtlesse when Writs and Precepts are issued forth without the broad Seal or without a regall that is legall authority as all the Writs and Commissions for executing the Commission of Array are as is proved both by the Parliament and others they may be disobeyed and withstood especially when they are destructive to the Common-wealth Answ 4. Fourthly Princes by Parliaments may be withstood when they desire or endeavour those things which tend to the envassalling of their people Kings we know sometimes have loved their enemies more then their friends and have marched forth amongst their enemies to encounter with their friends As for example Richard the 2. thought Spencer and his confederates his best friends though they were base sycophants and bainfull foes and conceited that his Peers who were his loyallest Subjects were the truest Traytors And hence Princes being abused by the flattery of private persons for some wicked ends of their own have followed their private perverse counsels before the grave loyall and faithfull advice of their s●ge Senate Now that it is lawfull for Parli●ments to withstand Princes who make unlawfull war upon their people is so evidently proved by the Author of that lately come forth and learned and pious Treatise called A soveraign Antidote to prevent Civil Wars pag. 6 7 8 9 c. that at present I wholy silence it Answ 5. Fifthly the matter with us is quite and generally mistaken and the Question altogether wrong stated viz. Whether we should obey the King or Parliament for the King and Parliament are not like two parallell lines which can never meet nor like two incompatible qualities which cannot be both in one subject nor like the Ark and Dagon whom one house will not hold nor like God and Mammon which one man cannot serve for by siding with and assisting of the Parliament in those things which are according to Law we side with and serve the King Two things are here distinguishable to wit 1. In our obeying of the Parliament according to Law we obey the King That his Majesty grants commands and commends yea professeth that he requires no obedience of us to himselfe farther then he enjoynes that which is Law lawfull and just And 2. In our obeying of the Parliament in this present Military and Martiall design we stand for the King not against him that is for the good of his soul person estate honor and posterity of which a word or two severally 1. They stand for the soul of their Soveraign who withstand him having a lawfull call and warrant thereunto from doing those things which if he do he can never justifie in the court of conscience nor at the great chancery day of judgement but must sink under the sentence of condemnation for those unlawfull and unjustifiable facts And therefore the Parliament and we in obedience unto them are friends unto the soule of our dread Soveraign in not obeying aiding and assisting of him to make unnaturall unlawfull and unwarrantable Wars upon his Parliament and people which can never be defended or justified before or unto God to whom the Mightiest aswell as the meanest must give a strict account of all their actions at the last day And 2. They stand for the Kings Person who obey joyn and side with the Parliament His Majesties person is now environed by those who carry him as far as the eye of humane probability can see upon his own ruine and the destruction of all his good people which the Parliament seeing they labour to free him from such false hands by this twofold meanes viz. 1. By perswading beseeching and most humbly soliciting his Majesty to foresake them and to rejoyce and make glad the hearts of his Parliament and people by conjoyning himselfe with them But this request suit and supplication will not yet be granted though with much importunity and many loyall expressions desired And 2. By labouring to take his evill Councellors from him they being confidently assured and piously perswaded of the Kings sweet disposition and readinesse to comply with them in any thing which might conduce to the good either of Church or Common-wealth if he were not over swayed and