take what fallâ—… at his perill But that I may not denye truth to an Adâ—… versary I grant three truths in this Answer First that the Person and Office of a King atâ—… distinguishable a good man may be a bad King anâ—… a bad man a good King Alexander the great haâ—… his two friends Ephestion and Craterus the one waâ—… Alexanders Friend the other was the Kings Friend the one honoured his person the other his Office But yet he that loved Alexander did not hate thâ—… King and he that loved the King was no enemy tâ—… Alexander Secondly I grant in active Obedience if thâ—… King command any thing which is repugnant to the Law of God or Nature we ought rather to obeâ—… God then Men. The Guard of Saul refused justlâ—… to slay the Priests of the Lord and Hananiaâ—… Mishael and Azariah to worship Nebuchadnezarâ—… golden Image it is better to dye then to doe thaâ—… which is worse then Death Da veniam Imperatoâ—… pardon me O Soveraigne thou threatnest me witâ—… prison but God with Hell In this case it is not lawfull to yeeld active obedience to the King Again if the King command any thing which is contrary to the known Laws of the Land if it be by an injury to a third Person we may not doe it as for a Judge to deliver an unjust sentence for every Judge ought to take an Oath at his admission that he will doe right to every person notwithstanding the Kings letters or any other persons there is danger from others as well as from the King And generally we owe service to the King but innocency to Christ. But if this command intrench onely upon our own private Interest we may either forbear active Obedience or in discretion remit of our own right for avoiding further evill So said Saint Ambrose If the Emperour demand our fields let him take them if he please I doe not give them but withall I doe not deny them Provided alwayes that this is to be understood in plain cases onely where the Law of God of Nature or the Land is evident to every mans capacity otherwise if it be doubtfull it is a Rule in Case Divinity Subditi tenentur in favorem Regis Legis judicare It is better to obey God then Man but to disobey the King upon Surmises or probable pretence or an implicit dependence upon other Mens judgements is to disobey both God and Man and this duty as the Protesters say truely is not tyed to a Kings Christianity but his Crown Tiberius was no Saint when Christ bid give unto Caesar that which was Caesars Thus for active obedience now for passive If a Soveraigne shall persecute his Subjects for not doing his unjust Commands yet it is not lawfull to resist by raising Arms against him They that resist shall receive to themselves damnation But they aske iâ—… there no limitation I answer ubi lex non distinguiâ—… nec nos distinguere debemus how shall we limit where God hath not limited or distinguish where he hath not distinguished But is there no remedy for 〈◊〉 Christian in this case yes three remedies The first is to cease from sinne Rex bonus est dextra malus sinistra Dei a good King is Gods right hand a bad his left hand a scourge for our sinnes as we suffer with patience an unfruitfull yeare so we must doe an evill Prince as sent by God Tollatuâ—… culpa ut cesset Tyrannorum plaga said Aquinas remove our sinne and God will take away his rod. The second remedy is prayers and tears In that day you shall cry unto the Lord because of your King Saint Nazianzen lived under five persecutions and never knew other Remedy he ascribed the death of Iulian to the prayers and teares of the Christians Ieremy armed the Iews with prayers for Nebuchadnezar not with daggs and daggers against Nebuchadnezar Saint Paul commands to make prayers and supplications for Kings not to give poison to them Saint Peter could have taken vengeance with a word as well on Herod as Ananias but that he knew that God reserves Kings for his own Tribunall For this cause Saint Ambrose a Man of known courage refused to make use of the forwardnesse of the People against Valenâ—…ian the Emperour And when Saul had slayne the Priests of God and persecuted David yet saith David who can stretch forth his hand against the Lords anointed and be guiltlesse It was Duty and not a singular desire of perfection that held Davids hands who can stretch out his Hand No Man can doe it The third remedy is flight this is the uttermost which our Master hath allowed when they persecute you in one City fly to another But a whole Kingdome cannot fly neither was a whole Kingdome ever persecuted by a lawfull Prince private men tasted of Domitians cruelty but the Provinces were well governed The raging desires of one Man cannot possibly extend to the ruine of all Nor is this condition so hard for Subjects This is thankworthy if a man for Conscience towards God indure grief and if a man suffer as a Christian let him glorifie God on this behalfe This way hath ever proved successefull to Christian Religion the blood of the Martyrs is the seed of the Church caedebantur torquebantur nrebantur tamen multiplicabantur But all these Remedies are not sufficient they are nothing and they that thinke otherwise are stupid fellowes in the judgement of the Observer unlesse the People have right to preserve themselves by force of Arms yea notwithstanding any contracts that they have made to the contrary for every private man may desend himselfe by force if assaulted though by the force of a Magistrate or his own Father c. First I observe how the Observer enterferes in his Discourse for in the forty fourth page he telleth us quite contrary that the King as to his own Person is not forcibly to be repelled in any ill doing But passing by this contradiction I aske two questions of him by his good leave The first is if a Father should goe about onely to correct his Child and not to kill him or maime him whether he might in such a case cry Murther Murther and trie Mâ—steries with his Father and allege his own judgement against his Fathers to prove his innocency My second question is if an inraged Father should offer extreme violence to his Sonne how far he might resist his Father in this case whether to give blow for blow and stabbe for stabbe or onely to hold his Fathers hands For if it be a meere resistence without any further active violence which is allowable if it be onely in extream perills where the life is indâ—ngered and against manifest rage and fury what the Observer gets by this he may put in his eye and see never the worse But to give his remedy and his instance for it a positive answer I say further that this
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
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
Romans and so according to your position it is established by God can the People or the Major part without grosse Treason attempt to dethrone this King or send him a writ of ease They that are so zealous in Religion to have every thing ordered according to the expresse word of God let them shew but one Text where ever God did give this Power to Subjects to reduce their Soveraignes to order by Arms. If this were so Kings were in a miserable condition Consider the present Estate of Christendome what King hath not Subjects of sundry Communions and Professions in point of Religion upon these mens grounds he must be a Tyrant to one party or more Moses seemed a Tyrant to Korah and his rebellious Company Queen Elizabeth and King Iames did seem Tyrants to Squire Parry Sommervill and the Powder-Traytors Licurgus of whom Apollo once doubted whether he should be numbred among the Gods or Men was well neere stoned and had his eyes put out in a popular tumult Thus Barabbas may be absolved and the King of Kings condemned What Divellish Plots would this Doctrine presently raise if it were received what murthers and assassinates would it â—…sher into the World especially considering that the worst men are most commonly active in this kind to whom nothing doth more discommend a King then his Justice Observer As for the finall Cause of Regall Authority I doe not find any thing in the Kings papers denying that the same people is the finall which is the efficient cause of it indeed it were strange if the People in subjecting it selfe to command should aime at any thing but their own good in the first and last place T is true according to Machavills Politicks Princes ought to aime at greatnesse not in but â—…ver their Subjects and for the atchieving of the same they ought to propose to themselves no greater good then the spoyling and breaking the spirits of their subjects nor no greater mischiefe then common Freedome neither ought they to promote and cherish any servants but such as are most fit for rapine and oppression nor depresse and prosecute any as Enemies but such as are gracious with the populacy for noble and gallant acts And a little after His Dignity was erected to preserve the Commonalty the Commonalty was not created for his Service and that which is the end is farre more valuable in Nature and Policy then that which is the means Answer Still this Discourse runs upon elective Kingdoms As for those which have had other originalls here is a deep silence sâ—…is tu simulâ—…e â—…upressum quid hoc you can paint a Cypresse Tree but what is this to the purpose Let it be admitted that in such Monarchies the aime of the People is their own Protection Concord and Tranquillity Rulers are the Ministers of God for our good so on the other side Soveraigne Princes have their ends also who feedeth a flock and eateth not of the milke thereof So there are mutuall ends and these ends on both sides are lawfull and good so long as they are consonant to the rules of Justice And though Prince and People doe principally intend their own respective good yet it were folly to imagine to atteine to such high ends of such consequence and concernment without the mixture of some Dangers Difficulties Troubles and Inconveniences as Saint Ambrose saith that since the fall of Adam thornes often grow without roses but no true roses without thorns we must take the rose with the thorn the one with the other in good part for better for worse fructus transit cum onere the benefit passeth with the burthen If we can purchase tranquillity which we intend with Obedience and Subjection which we must undergoe we have no cause to complain of the bargain It is a most wretched Government where one reall suffering is not compensated with ten benefits and blessings Again this publicke good of the people is to use your own phrase either singulorum or universorum publicke or private of particular Subjects or of the whole Common-wealth howsoever the actuall intentions of individuall Members of a Society may aime at the private yet when these two are inconsistent as sometimes it falls ouâ—… a good Governour must preferr the publick and particular Members must not grumble to suffer for the generall good of the Body Politick But you say the end is farr more honourable then the meanes and the Preservation of the Commonalty is the end of Regall Dignity True but this preservation must be understood sub modo according to Law which is not alterable at the discretion of humorous Men but with the concurrence both of King and Subjects Likewise this is to be understood where the ends are not mutuall as here they are the King for the People and the People for the King and where the end is not partiall but adaequate as this is not Lastly the end is more valuable how qua finis as it is the end in the intention of the efficient not alwayes in the nâ—…ture of the thing If the Observer had argued thus the publicke Tranquillity of King and People is the end of Government therefore more valuable hiâ—… inference had been good but as he argues now it is a meere Paralogisme which I will clear by some instances The Tutor is elected for the preservation of his Pupâ—…ll yet the Pupill qua talis is lesse honourable The Angells are Ministring Spirits for the good of Man-kinde are men therefore more honourable then Angells The Redemption of the World is the end of Christs Incarnation is the World therefore more excellent then Christ Whether the Observer cite Machiavell true or false I neither know nor regard Such a Character might fit Caesar Borgias a new Intruder but not King Charles who derives his Royalty from above an hundred Kingly Predecessors whom Malice itselfe cannot charge with one drop of guiltlesse Blood nor with the teare of an innocent such a Prince as Vespaâ—…ian of whom it is said that justis suppliciis illâ—…chrimavit ingemuit But I offer two issues to the Observer out of these words of Machiavell if he please to accept the challenge First that more Noble Worthies have been cruâ—…hed to nothing by the insolency of the People proportion for proportion then by the Power of Kings As in Athens for instance Socrates Aristides Themistocles Alcibiades and many more The Second that gallant and veruous Actioâ—…s doe not more often ingratiate men with the People then a rouling tongue a precipitate head vain glorious Profusion oily Insinuations feined Devotions Sufferings though deserved from Superiâ—…rs and above all opposition to the present Staâ—… So that he that is a Favorite to the King is ipso facto hated by the People or the major Part â—…nd to be sleighted by the Prince is frequently a reâ—…y way to be honoured by the People Iudas of â—…lilee was a great Favorite of the Commons how did he indeare
Author makes Rehoboams attempt ridiculous yet it proved not so shortly after His Sonne Abijah discomfiâ—…ed Ieroboam and â—…lew of his Souldiers five hundred thousand men the the greatest number that we have read of slaine at once yet had Ieroboam all the advantages in the World of numbers Stratagems and every thing except the justice of the Cause And that which is moâ—…e for our learning the House of Iudah had many pious and virtuous Kings after this Revolt but the House of Israel not one but Tyrants and Idolaters Observer I come now from the cause which conveyes Royalty and that â—…or which it is conveyed to the nature of the conveyance The word trust is frequent in the Kings papers and therefore I conceive the King â—…oes admit that His Interest in the 〈◊〉 is not absolute or by a meere Donation of the People â—…t in part conditionate and â—…duciary And indeed all good Princes without any expresse contract betwixt them and their Subjects have acknowledged that there did 〈◊〉 a great and high trust upon them nay Heathen Priâ—…es that have been absolute have acknowledged themselâ—…es Servants to the publick and born for that service aâ—…d professed that they would mannage the publick Weale â—…s being well satisâ—…ed populi â—…em esse non suam And we cannot immagiâ—…e in the fury oâ—… Warr when Laws have the least vigour that any Generalissimo can be so uncâ—…rcumscribed in Power â—…ut that if he should turn hiâ—…â—…ons on his own Souldiers they were ipso facto absolâ—… of all Obedience and of all Oaths and tyes of Allegiâ—…e whatsoever for that time and bound by a higher Duty to seek their own preservation by Resistence and Deâ—…e Wherefore if there be such tacite trusts and reservâ—…tions in all publicke Commands though of most 〈◊〉 nature that can be supposed we cannot but admit that in all well formed Monarchies where Kingly Prerogative has any Limits set this must needes be one necessary condition that the Subject may live safe and free The Charter of Nature intitles all Subjects of all Countryes whatsoever to safety by its supreme Law Answer The Observer needs not bring any confessions of Princes Christian or Heathen to prove that good Kings account themselves great though glorious servants to their Subjects like a Candle burning away itselfe to give light to others which a Germane Prince stamped on His Coyne with this inscription aliis serviens meipsum contero Whilest other men â—…lept Ahasuerosh waked and thoughts troubled Nebuchadnezars Head They have many Causes of care which private Persons want patet in curaâ—… aâ—… 〈◊〉 suâ—…s Queen Mary said they would find Callicâ—… written in her heart He is very incredulous who will not believe readily that these Distractions have pierced deeper into the brest of King Charles then of this Observer and this because he knows populi rem esse suam Yet further His Majesty will acknowledge a trust from His People a subsequent and implicit consent implyes a trust but not a guift But the inference which this good Man I can neither call him good Subject nor good Logician makes fâ—…om hence that the King hereby admits that His Interest in the Crowne is not absolute but a meere Donation yea a conditionall donation from the People is such a pretty treasonable I should say topicall Argument drawn just from Teâ—…erden Steeple to Goodwin Sands confounding Gods râ—…st with mans trust and in mans trust a trust of 〈◊〉 with a trust of dependence a trust recoverable with a trust irrecoverable a trust absolute with a trust conditionall a trust antecedent with a trust consequent I hope the Author trusts in God will he therefore make God his Donee yea his conditionate Donee In plaine termes Sir your collection is foundred of all four and will not passe current in Smithfield and man well take your Generalissimo by the hand But good Sir without offence may I aske you what Countryman your Generalissimo was For no man that I meet with will believe that there ever was such a Creature in the World But certainly if there was he was starke mad Now Sir in the first place he that shall goe about to shake in pieces an healthfull and beneficiall Institution for fear of such a Danger as was never yet produced into act since the Creation of the World deserves the next Roome in Bedlam to your Generalissimo These groundlesse panicall Feares these ifs and suppositions of incredible Dangers have been the Raisers and Fomenters of these present Distractions Dic mihi si sius tu leo qualis eris If the Sky should fall what price will Larkes beare Secondly it is a piece both of incivillity and knavery for a Servant first to withdraw his Obedience from His Master undutifully and then to plead sawcily that some Masters have been mad Thirdly hath a Generalissimo as large an extent of Power in all respects as unlimited for time as a Soveraigne King When a Generalissimo runnes into such a franâ—…cke Error it is siâ—… he should lose his place but when aâ—… Hereditary King falls into it it is just he should have a Proâ—…ex named a Deputy or Protector which you will during his Distraction alwayes saving the right both to himselfe and his Posterity I have read such rebellious suppositions as this in late Pamphlets as of a Pilot seeking to split his Ship upon the rocks of a Patient calling to his Phisitian for poison but never read one of them urged in a Classicke Author Put the case a man is to saile by Sea the Pilot may runn mad and seeke to split the Ship upon rocks shall we therefore make an Ordinance that it shall not be lawfull for a Pilot to move his rudder according to the alterable face of Heaven or different disposition of Wind and Weather before he have consulted and gained the consent of all the Passengers or at the least of every inferiour Marriner or of the Major part of them Interea perit Nauâ—…agus before this can be done the Ship may be cast away howsoever it leaves small hope of a prosperous Voyage If you will prescribe Limits and Bounds and Conditions to Kings you must find them written in plainer Characters then any you produce hitherto The Charter of Nature Lex nata non data is indeed to preserve our selves as Water contracts it selfe into a Globe or Circle in a dusty place an Embleme of Association which cannot be without Nerves Bonds Ligaments Laws and Kings What is this against the Magistrate who is the Minister of God for our preservation and safety The Subject never finds more safety or more Liberty then under a gracious King neque unquam Libertâ—… gratior aut tutior extat quam 〈◊〉 Reâ—…e pio But because the Observer doth so often presse the Charter of Nature even to the dissolving of all Oaths and â—…es of Allegiance and all mutuall Compacts and Agreements as also to animate Subjects to raise Arms against their Soveraignes
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
not in both alike God is the immediate cause of Kings the remote of Parliaments Kings and Parliaments have the same ultimate and Architectonicall end that is the tranquillity of the whole Body Politicke but not the same proper and next ends which in the Parliament is to advise the King supply the King and 〈◊〉 the constituâ—…ion of new Laws to concurre with the â—…ng I grant to speâ—…ke in his Majestyes own words â—…s more full then the Observers That Parliaments are so essentiall a part of the constitution of this Kingdome that we can aâ—…ein â—…o happinesse without them But to conclude from hence their Supâ—…riority above Kings or equality with Kings is to subject the principall efficient to every secundâ—…ry cause subordinate iâ—…strumentall or sine quaâ—…on Observer Two things are aimed at in Parliaments not to be atâ—…eined to by otâ—…er meanes First that the interest of the People might be satisfied Secondly that Kings might â—…e better counsailed In the summons of Edward the first claus 7. 111. 3. dors we see the first end of Parliaments expressed for he inserts in the writ that whatsoever affaire is of publick concernment ought to receive â—…ublicke approbation quod omnes tang 〈◊〉 ab omnibus approbaâ—…i debet or tractâ—…ri And in the same writ he sith this is Lex notissima provida circumspectione stabilita there is not a word here but it is observable publicke approbation consent or treaty is necessary in all publicke expedients and this is not a meere usage in England but a Law and this Law is not subject to any doubt or dispâ—…e there is nothing more known neither is this known Law extorted from Kings by the violeâ—…ce and injustice of the people it is duely and formally establish't and that 〈◊〉 a great deal of â—…eason not withâ—…t the providence and circumspection of all the States Were there no further Antiquity then the Raigne dâ—… Edward the first to recommend this to us certainly sâ—… there ought to be no reverence with-held from it foâ—… this Prince was Wise Fortunate just and valiant bâ—…yond all his Predecessors if not Successors also and therefore it is more glory to our Freedomes that as weake and peevish Princes have most opposed them so that he first repaired the breaches which the conquest had made upon them And yet it is very probable that this Laâ—… was farr ancienter then his Raigne and the words Leâ—… stabilita notissima seemes to intimate that the Conquest it selfe had never wholly buried this in the publicke ruine and confusion of the State It should seem at this time Llewellins troubles in Wales were not quite suppressed and the French King was upon a designe 〈◊〉 invade some pieces of ours in France and therâ—…fore he sends out his summons ad trâ—…ctandum ordinandum faciendum cum prelatis 〈◊〉 aliis incolis Regni for the prevention of these dangers Thesâ—… words tractandum ordinandum faciendum doe fully prove that the people in those dayes were summoned ad consensum as well as consilium and this Law quod omnes tangit c. shews the reason and ground upon which that consent and approbation is founded Answer The Observer is just like a winter Brooke which swells with water when there is no need but in summer when it should be usefull is dried up for all the absurd Paradoxes which he brings in this treatise he produceth not one Authority but his own and here to confirme a known truth which no man deâ—…es he cites Rolls and adornes them with his glosses â—…r my part I know no man that did ever enâ—…y or â—…aligne the honour of Edward the first except Ioâ—…nnes Major who was angry with him for his Norâ—…ren Expedition Edvardus Longshankes câ—…m longâ—…s â—…biis suis venit in Scotiam But what is this to your â—…rpose yes it makes for the glory of our Freedomes â—…at as weake and peevish Princes opposed them so he reâ—…ired the breaches of them How doe you know that 〈◊〉 this summons also I see you are dextrous and â—…n soone make an ell of an inch but in truth you are â—…ry unfortunate in your instances Edward the first â—…as a much greater Improver of the Royalty then â—…y of his Predecessours in which respect he is stiled â—…y our Chroniclers the first Conquerer after the Conâ—…erer That which was urged to his Fathers was â—…ever that I read of tendred to him for the Parliaâ—…ent to have the nomination of the chiefe Justice â—…hancellour and Treasurer but onely once in his â—…hole time and then being rejected with a frown â—…as never moved more It is more probable or rather â—…pparent that the Lenity irresolution and mutable â—…isposition of Princes have been that which hath imâ—…oldened Subjects to make insolent and presumptuâ—…us demands to their Soveraignes Thus for the Man you are as ample for the Law â—…hat it is Lex notissima not only notissima but stabilita lastly stabilita provida circumspectione A trimme gradation quid tanto dignum feret Observator hiatu who reads this and believes not that some great mountain is travelling yet in very deed it is with nothing but a ridiculous mouse postquam incruduit pâ—… na after the fray grows hot dishes and trenchers aâ—… turned to weapons said Erasmus Let your Laâ—… speake itselfe That which conâ—…erns all Men ought to 〈◊〉 approved or handled by all Men. Who denyes it 〈◊〉 shall easily grant you that this Law is not onely aâ—… cienter then the first Edward but even as ancient 〈◊〉 the first Adam a part of the Law of Nature 〈◊〉 least in the grounds of it But that you may not sâ—… away in a mist of Generalities as it is your use oâ—… word of your tangit another of your approbari debeâ—… That which concerns all Men Sir all Men may be saiâ—… to be concerned two wayes either in the consequenâ—… of affairs or in the management thereof This lattâ—… concernment gives a right sometimes to counsell only sometimes both to counsell and approve sometime both to counsell approve and act according to the private constitutions of Societyes but the former implyes no right neither ad approbandum nor yet ad tractandum As for example the meanest Freshmen arâ—… concerned in the Statures and Orders of the University yet are none admitted to debaâ—…e them but the Visiters Heads and at the lowest the Regent Masters And this exception holds in all cases wherâ—… either Inferiours or their Predecessours have legally divested themselves of this power by their proper act or where this trust is committed to Superiours by the Laws divine naturall or nationall Secondly the Counsell Consent or act of Proctors Atturnyes and generally of all Trustees whether one or more whether rightfully elected or imposed according to the latitude of their trust ought to be interpreted as the counsell consent act of thosâ—…â—…ersons by whom or over whom or for whom they â—…e so trusted and whose power virtually they doe reâ—…ine So as a
good title of Inheritance both before God and Man These grounds being laid take notice of fower grosse Errors which the Observer runns into in this Section First he supposeth that all Dominion is from the grant or consent of the People whereas in truth all Dominion in the abstract is from God The People could not give what they never had that is power of Life and Death But true it is that Magistrates in the concrete are stiled the Ordinance of Man subjectively because they are Men objectively because they raigne over Men and many times effectively because they are created or elected by Men. But this last holds not in all cases I say nothing of such Kings as were named immediately by God Those whose Predecessors or themselves have attained to Soveraignty by the Sword by Conquest in a just Warre claime immediately from God Those also who were the first Owners or Occupants of waste Lands might admit Tenents or Subjects upon such Conditions as they themselves would prescribe Thirdly those who plant at excessive Charge in remote parts of America will give and not take Laws from their Colonies Fourthly upon the spreading of a numerous Family or the great increase of Slaves and Servants ditis examen domus how often have the Fatherly or Magistrall power been turned into Royalty And though these were but petty Kingdoms at the first yet as great Rivers grow from the Confluence of many little Brooks so by Warrs Marriages and Treaties they might be enlarged In all these Cases there is no Grant of the people This iâ—… one Error His Sâ—…cond Error rests in the Hypothesis His Majesties originall Title to this Kingdome was not Election either of the Person or of the Family but Conquest or rather a Multitude of Conquests the very last whereof is confirmed by a long Succession of foure and twenty royall Progenitors and Predecessors glorious both at home and abroad in Peace and War except â—…hen this dismall and disasterous question did eclipse tâ—…eir lustre and hinder the happinesse of this Nation â—…n the Dâ—…yes of King Iohn Henry the third Edward and Richard the second or in the bloody Warres between the two Houses of Yorke and Lancanster which were nothing else but the fruits and consequents thereof Neither can the Observer collect from heâ—…e that this is to enslave our Nation as Conquered Vassalls It is a grosse fallacy to dispute ae dicto simpliâ—…ter ad dictum secundum quid from the right of absolâ—…e Conquerers to His Majesty now as if so many good Lawes so mâ—…ny free Charters so many acts of Grace in so long a succession had operated nothing This is a second Error Thirdly the Observer teacheth that subordinate Commmâ—…nd is as much from God as Supreme His Majesty iâ—… much bound unto him to make his Royall Commands of no more force by Gods Institutionâ—… then a Peâ—…ty Constables We have hitherto learned otherwise that Kings hold their Crowns and Scepters from God and subordinate Magistrates have their places by Commission from them But it is familiar with these men to leap over the backs of intermedious Causes and derive all their fancyes from God as the Heathens did their Genealogies whereby they destroy the Beauty and Order of the World and make many superfluous Creatures which God and Nature never made In summe Subordinate Commands are from God yet neither so immediately nor so firmely as supreme but as a row of iron rings touchching one another and the first touching the Load-stone in their severall degrees some more loosely some more remotely then others The case is not altogether like for Regall and Aristocraticall Power One God in the World one Soule in the Body one Master in a Family one Sun in the Heaven and anciently one Monarch in each Society All the first Governours were Kings Both Forms are warranted by the Law of Nature but not both in the same Degree of Eminency If an old Man had the eye of a young Man he would see as well as a young Man said the Philosopher the Soule of an Ideot is as rationall as the Soule of a States man the difference is in the Organ So the Soule of Soveraign Power which is infused by God into Democracy or Aristocracy is the same that it is in Monarchy but seeing the Organ is not so apt to attain to the end and seeing that God and Nature do alwayes intend what is best and lastly seeing that in some Cases the existence of Government as well as the essence is from God who never instâ—…tuted any form but Monarchicall the Observer might well have omitted his comparison The fourth aand last Error is worst of all That usurped and unjust Dominion is referred to God as its Authour and Doner as much as hereditary This is right we have been taught otherwise before a seâ—… vaine upstart Empericks in Policy troubled the world that Dominion in a tyranicall Hereditary Governour is from God even in the concrete I mean the power not the abuse that such an one may not be resisteâ—… without Sinne that his Person is sacred But contrarywise that Dominion in a tyranicall Usurper or Intruder is indeed from God permitting wheras he coulâ—… restrain it if it pleased him or from God concurring by a generall influence as the Earth giveth nourishment to Hemlocks as well as Wheate in him wâ—… live we move and have our being or from God ordering and disposing it as he doth all other accidents and events to his own glory but that it is not from God as Author Donor or Instituter of it Neither darâ—… we give to a Tyranicall Usurper the essentiall Priviledges of Soveraignty we deny not that any Subject may lawfully kill him as a publicke Enemy without legall eviction Much lesse dare we say witâ—… the Observer that Power usurped and unlawfull is as much from God as Power Hereditary and lawfull If it be so cough out man and tell us plainly that God is the Author of Sinne. Observer And the Law which the King mentioneth is not to bâ—… understood to be any speciall Ordinance sent from Heaven by the Ministery of Angells or Prophets 〈◊〉 amongst the Iews it sometimes was It can be nothing else among Christians but the pactions and agreements oâ—… such anâ—… such Corporations Answer There is a double right considerable the right to the Crown and the right of the Crown the right and title to the Crown is with us undoubted there needs no Angell from Heaven to confirme it where no man can pretend against it The Right of the crown is the onely subject in question This is from the Law of God the Law of Nature and the Law of Nations That this Power in an absolute Conquerer may be limited by Statutes Charters or municipall Laws in Court of Conscience in Court of Justice to God to his People I grant without communicating Soveraigne Power to subordinate or inferiour Subjects or subjecting Majesty to censure Which Limitation doth noâ—…
obedient Subjects the Lords spirituall and temporall and Commons in Parliament assembled or thus We Your Majesties loving faithfull and obedient Subjects representing the three Estates of Your Realme of England c. except we should overmuch forget our Duties to Your Highnesse c. do most humbly beseech c. Here the three Estates of the Kingdom assembled in Parliament doe acknowledge their subjection and their duty do beseech Her Majesty Where by the way I desire to know of the Observer whether that of the three Estates were a Fundamentall Constitution of this Kingdom and who were the three Estates at this time and whether a third Estate have not been since excluded Howsoever we see they doe but rogore legem pray a Law the King enacts it and as he wills or takes time to advise so their Acts are binding or not binding They challenge no dispensative Power above the Law he doth In a word He is the Head not onely of the Hand or of the Foot but of the whole Body These things are so evident that all our Laws must be burned before this truth can be doubted of But to stop the Observers mouth for ever take an Authentick Testimony in the very case point blanck By divers old Authentick Histories and Chronicles it is manifestly declared that this Realme of England is an Empire and so hath been accepted in the World governed by one Supreme Head and King having the Dignity and royall Estate of the Imperiall Crown of the same unto whom a Body Politick compact of all sorts and degrees of people divided into terms and by names of Spiritualty and Temporalty being bounden and owen next to God a naturall and humble obedience he being instituted and furnished by the goodnesse and sufferance of Almighty God with plenary whole and entire Power Preeminence Authority c. Now Sir observe first that not onely individuall Persons but the whole compacted Body Politicke of the Kingdome are not onely lesse then His Majesty but doe owe unto him a naturall and humble obedience how farr is this from that Majesty which you ascribe to the representative Body Secondly that the Spiritualty were ever an essentiall part of this Body Politick Thirdly that His Majesties Power is plenary Fourthly that he derives it not from inferiour compacts but from the goodnesse of God It is true were His Majesty as the Prince of Orange is or you would have him to be not a true Possessor of Soveraigne Power but a Keeper onely as the Roman Dictator or an arbitrary Proctor for the People your rule had some more shew of reason but against such evident light of truth to ground a contrary assertion derogatory to His Majesty upon the private authority of Bracton and Fleâ—… no Authentick Authors were a strange degree of weaknesse or wilfulnesse especially if we consider first upon what a trifling silly Homonomie it is grounded quia comites dicuntur quasi socii Reqis et qui habent socium habent Magistrum If he had called them the Kings Attendents or subordinate Governours of some certain Province or County as the Sheriffe Vice Comes was their Deputy there had been something reall in it Secondly if we consider that this assertion is as contrary to the Observers own grounds as it is to truth for what they Bracton and Fleta doe appropriate to the House of Lords curiae Comitum Baronum he attributes to the collective Body of the whole Kingdom or at the least to both Houses of Parliament that is farr from the Observers meaning and nothing to the purpose This Catachresticall and extravigant expression with the amphibologicall ground of it is either confuted or expounded by the Authors themselves as saying the King hath no Peere therefore no Companion that he is Vicarius Dei Gods Vicegerent that he is not sub homina under Man And if the words have any graine of truth in them they must be undestood not of an Authorative but onely of a Consultive Power to advise him or at the most approbative to give their assent to Laws propounded he having limited himselfe to make no Laws without them So we may say a Mans promise is his Master as if a man should say that the Judges in the House of Peers who have no Votes but are meere assistents yet in determining controversies in point of Law are in some sort superiour to the Lords not in Power which they have none but in skill and respect of that dependence which the Lords may have upon their Judgement and integrity Neither will your logicall Axiom quicquid efficit â—…ale est magis tale helpe you any thing at all for first your quicquid efficit must be quando efficit If a cause have sufficient vigour and efficacy at such time as â—…he effect is produced it is not necessary that it should â—…eteine it for ever after or that the People should reâ—…ein that power which they have divested themselves of by election of another To take your case at the â—…est they have put the staffe out of their own hands and cannot without Rebellion and sinne against God â—…doe what they have done Secondly for your magic tale there is a caution in this Canon that the same quality must be both in the cause and in the effect which yet is not alwayes not in this very case it must be in causes totall essentiall and univocall such as this is not The Sun is the cause of heat yet it is not hot it selfe Sol homo generant hominem viventem yet the Sun lives not If two Litigants consent to license a third Person to name another for Arbitrator between them he may elect a Judge not be a Judge Yet I shall not deny you any truth when and where the antecedent consent of free societies not preingaged doth instrumentally conferr and convey or rather applie power and authority into the hands of one or more they may limit it to what terme they please by what covenants they please to what conditions they please at such time as they make their election yet Covenants and Conditions differ much which you seem to confound breach of Covenant will not forfeit a Lease much lesse an Empire I have seen many Covenants between Kings and their People sometimes of Debt and many times of Grace but I doe not remember that ever I read any Conditions but with some old elective Kings of Arragon if they were Kings long since antiquated and one onely King of Polonia You adde and truely that there ought to be no dissolution of Soveraignty but by the same power by which it had its Constitution wherein God had his share at least but this will not serve your turn if you dare speak out plainly tell us when a King is constituted by right of Conquest and long Succession yea or by the election of a free people without any condition of forfeiture or power of revocation reserved as the Capuans gave themselves to the
Wealth Peace and Godlinesse but also to promote their Good But this Protection must be according to Law this Promotion according to Law Now if a good King at seasonable and opportune times so it may not be like the borrowing of a shaft for the Hatchet to cut down the great Oake nor like the plucking off one or more feathers out of the Eagles wings wherewith to feather an arrow to pierce through that King of Birds shall freely according to the dictates of his own Reason part with any of those Jewells which do adorn his Royall Diadem for the behoofe of his Subjects it is an act of Grace not onely to individuall Persons but to the collected Body of his People so both Houses have acknowledged it yet you say it is meere duty that both Honour and Justice do challenge it from him It is a strange and unheard of piece of Justice and Duty which is without and beyond all Law You say the word Grace sounds better in the Peoples mouth then in His O Partiallity how dost thou blind mens eyes The Observer sees that Grace sounds ill in the Kings mouth and yet he doth not or will not see how ill duty and meere duty sounds in his own mouth being a Subject towards his Soveraigne The truth is it is most civill for Receivers to relate benefits sufficit unus huit operi si vis me loqui ipse tace But where the Receivers forget themselves yea deny the favours received as this Observer doth it is very comely for the Bestowers to supply their defect Next to your taking away of Ship-Money Star-chamber High Commission c. It is an easy thing to take away but difficult to build up both in nature and in respect of mens minds which commonly agree sooner in the destructive part then in the constructive All the danger is either in exceeding the golden mean by falling from one extreme to another or in taking that away which by correcting and good ordering skill might have been of great use to the Body Politick We are glad to be eased of our former Burthens yet we wish with all our hearts that our present ease may not produce greater mischiefes that in true reall necessities and suddaine dangerous Exigences the Common-wealth may not be left without a speedy Remedy That if the Laws have not sufficiently provided for the suppressing of riots and tumultuous disorders in great men yet the ordinary Subject may nor be left without a Sanctuary whither to fly from oppression That in this inundation of Sects which doe extremely deforme our Church and disturbe the Common-wealth there may be a proper and sure Remedy provided before it be too late and we be forced in vaine to digge up Antigonus again out of his Grave As for the taking away of Bishops Votes at this time I doe not doubt but that great Councell of the Kingdom had reasons for it and may have other Reasons when it pleaseth God to restore them again There is much difference betwixt a coercive and a Consultive Power No Nation yet that ever I read of did exclude their Religious from their Consultations To make a Law perfectly good Piety must concurre and who shall judge what iâ—… piouâ—… shall they first be excluded from all other Professions and then from their owne Brittish Bishop have been of noâ—…e in great Councells Forrein and Domestique these one thousand four hundred and thirty years It is your own Rule quod omnes tangit ab omnibus tractari debet All other Professions in the Kingdome are capable â—…oth of electing and being elected but for this I doe submit and leave it to time to discover what is good for the Kingdome Observer This directs us then to the transcendent achme of all Politicks to the Pâ—…ramount Law which shall give Law to all Humane Laws whatsoever and that is salus Populi The Law of Prerogative it selfe is subservient to this Law and were it not conducing thereunto it were not necessary nor expedient Answer If this Author could commit the Law of Prerogative and this Supreme Law of salus Populi together as opposite one to another he had said something but he cannot see Wood for Trees the same transcendent achme which he magnifies is the Law of Prerogative it selfe because a generall Law cannot take notice of the equity of all particular circumstances nor of the necessity of all particular Occurrences therefore the supreme Prince is trusted with this Power Paramount That which the Law of Nature warrants in a private Man as in a scathfire to pull down a Neighbours House to prevent the burning of a Citty to cast another mans corne overboord in a Tempest to defend himselfe from Thiefes in cases where he cannot have recoarse to the Magistrate or the suddainesse of the Danger will admit no formall Proceeding in Law So publicke necessity doth justifie the like Actions in a King where the exigence of the State is appâ—…tant If this Power be at any time misimployed if this Trust be violated yet the abuse of a thing cannot take away the use and lawfull and necessary right which is grounded upon the universall and perpetuall Law of salus Populi which comprehends the good of the Soveraigne as well as of the Subject But it is now grown into fashion for Subjects without Authority Equity or Necessity to urge this Law upon all occasions Salus Populi is like the Foxe in AEsops Fables it is in at every end Mens Persons are imprisoned their Houses plundered there Lands sequestred their Rights violated without the Judgement of their Peeres contrary to the known Law contrary to the great Charter and nothing pretended for this but the Law Paramount Truely Sir if this be salus Populi uâ—…a salus sanis nullam sperare salutem A remote Jealousie or Suppofition is no good ground for the exercise of this Law as to pull down another Mans House for fear of a Scathfire to come God knows how or when perhaps foretold in a Prognostication The Dangers must be very visible before this Rule take place not taken upon Trust or an implicit Faith like Seoggins fiery Draggons in the aire All true Englishmen will desire to be governed by their known Laws and nor to hear too often of this Paramount Law the application or misapplication whereof hath been the cause of the past and present Distempers of this Kingdom Extraordinary Remedyes like hot Waters may helpe at a Pang but being too often used spoyle the Stomack Observer Neither can the Right of Conquest be pleaded to acquit Princes of that which is due to the People as the Authours and ends of all Power for meere Force cannot altar the course of Nature or frustrate the tenour of the Law and if it could there were more reason why the People might justifie force to regaine due Liberty then the Prince might to subvert the same And it is a shamefull Stupidity in any Man to think that our Ancestors
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
and Arragon and that this should be assented to by the Observers advise would not the present or succeeding Ages give him many a black blessing for his labour God helpe the Man so wrapt in errors endlesse traine First to say that the People mâ—…y seek to obtein â—…heir desires of the Prince by publick Authority 〈◊〉 〈◊〉 too Mâ—…gistrall or flâ—…t no 〈◊〉 a pâ—…rase inuâ—… to English eares Heary the sixt wâ—…s noâ—… Fyâ—…ht nor awefull Soverâ—…igne 〈◊〉 when thâ—… 〈◊〉 and 〈◊〉 presented a just reqâ—…st unto 〈◊〉 â—…ey 〈◊〉 〈◊〉 kâ—…ling upon their knee no siâ—… of Authorâ—…y 〈◊〉 〈◊〉 Secondly the King oâ—…es a strict 〈◊〉 〈◊〉 God of his Government and is bouâ—…d by his Ofâ—…ce to promote the good of His 〈◊〉 To 〈◊〉 〈◊〉 Aâ—… 〈◊〉 may be impeditive to this end 〈◊〉 〈◊〉 â—…isfaction of an humorous 〈◊〉 is noâ—… 〈◊〉 with this Obligation Thirdly His Mâ—…jesty conâ—…eive the thing now desired to be moâ—…e then a â—…ple 〈◊〉 single inconvenience that â—…selfe is deeply inteâ—…essed in it and not himselfe onely but his 〈◊〉 and all succeeding Kings and that it is not the desire of all His Subjects not yeâ—… of the greater â—…art much lesse of the sounder â—…art who 〈◊〉 it and therefore even upon the Observers grounds 〈◊〉 is â—…ot bound to give his assent Observer So much for the ends of 〈◊〉 Power I come now to the true Nature of it publick Conâ—…nt c. Answer We had done with Consent before but now we meeâ—… with it again such Windings and Meaâ—…ders there aâ—… in this Treatise But though Consent be like the titlâ—… set upon the outside of an Apothecaryes box yet iâ—… we look into the subsequent Discourse we shall find little or nothing of it The Observer tells us a long stâ—…ry that after the fall of Adam the Law written 〈◊〉 Mans brest was not sufficient to make him a sociaâ—… ble Creature that without Society Men could 〈◊〉 live and without Laws Men could not be sociablâ—… that without Magistrâ—…tes Law was a voide and vaâ—… thing it was therefore quickly provided that Lawâ—… agâ—…ble to the Dictates of Reason should be ratâ—…fied by common consent and that the execution aâ—… interpretation of those Laws should be intrusted 〈◊〉 some Magistrate To all which I readily assenâ—… witâ—… this animadversion that the rule is not catâ—… pantos or universally true Aâ—… for the order of Lawâ—… or Magistrateâ—… it is confessed on the one side thaâ—… sometimes the People did choose their Magistratâ—… and Law both together and sometime the Law before the Magistrate especially upon the extinctioâ—… of a Royall Family but oâ—…â—…he other side it cannoâ—… be denyed that many times very many times Magisâ—…es did either assume Soveraignty by just Conâ—… oâ—… were absoluâ—…ely elected without any sucâ—… restriction So much the Observer coâ—…fesseth a liâ—… after that in the infancy of the World most Nationâ—… did choose rather to submit themselves to the meere disdiscretion of their Lords then rely upon any limits and be ruled by Arbitrary Edicts rather then written Statutes In which case it is plaine that the Law is posteriour to the King both in order of Nature and of Time The Observer proceeds to shew That intrusted Magistrates did sometimes tyrannize over their People that it was difficult to invent a Remedy for this mischief First because it was held unnaturall to place a Superiour above a Supreme Secondly because the restraint of Princes from doing evill by diminuâ—…ion of Soveraigne Power doth disable them also from doing good which may be as mischievous as the other That the World was long troubled between these extremityes That most Nations did choose absolute Governours That others placed Supervisors over their Princes Ephori Tribuni Curatores which remedy the Observer confesseth to have proved worse then the disease and that the issue of it commonly was to imbroile the State in blood That in all great distresses the Body of the People was constreined to rise and by the force of a Major party to put an end to all intestine Strifes That this way was too slow to prevent suddain Mischiefes That it produced much spoile and effusion of blood often exchanging one Tyranny for another That at last a way was found out to regulate the moliminous Body of the People by Parliament where the People may assume their own power to doe themselves Right where by virtue of Election and Representation a few act for many the wise for the simple That the Parliament is more regularly formed now then when it was cal-called the Mickle Synod or where the reall Body of the People did throng together That the Parliament yet perhaps labours with some defects that might be amended that there are yet some differences and difficultyes concerning it especially the Privileges of it which would be resolved This is the summe of his Discourse here and a little after in the 21. page and the three pages following he falls into a needlesse commendation of the Constitution of Parliaments of their Wisdome and Justice how void they are of danger how full of advantage to the King and People how Princes may have sinister ends but that it was never till this Parliament withstooâ—… that a Community can have no private ends to misleaâ—… it In all which there are not many things to be mucâ—… misliked saving some results of his former false anâ—… seditious Principles as that the People are the Primogenious Subject of Power that the essentiall anâ—… representative Body of the Kingdome are all oneâ—… he might as well say that a whole County and 〈◊〉 Grand Jury are convertible terms To place a Superiour above a Supreme is monstrous and opens 〈◊〉 ready way to an infinite progresse which both Aâ—… and Nature abhorre I joyne with him in this thaâ—… to limit a Prince too far is often the cause oâ—… much mischief to a State But the Observer havinâ—… given a good meale casts it down with his Foot foâ—… after in the 40 page he tels us that the People had better want some right then have too much wrong done them It may be so it may be otherwise but ordinarilâ—… the sufferings of one year in a time of Sedition aâ—… more burthensome to the Subject then the pressures they sustein from a hard Soveraigne in a whole Age. A limited Commission may now and then bring ease to a Society but an unsufficient Protection exposeth them to an hundred hazards and blowes from Superiours Inferiours Equalls Forreiners Domesticks The Observer would have such a Prerogative as hath great power of Protection and little of oppression Can you blame him he would have his fire able to warm him but not accidentally to burn him Protection is the use oppression the abuse of power To take away power for fear of the abuse is with Lycurgus to cut down all the vines of Sparta roote and branch for fear of Drunkennesse By the same reason he will leave neither a Sunne in Heaven nor any Creature
jure but de facto he may which is the drowsiâ—…st dreaming devise that â—…ver dropped from any Manâ—… pen in his right Witts Iudas or the Devill himselfe can doe no wrong de jure unlesse both 〈◊〉 of a contradiction can be true A fair Privilege to give a Prince which a high way Thiefe may challenge It may with more probabillity be expounded thus That the King is to discharge the publick Affâ—…ires of the Kingdome not by himselfe but by His Officerâ—… and Ministers therefore if any thing be amisse or unjust they are faulty they are accouncountable for it not He. But there seems to be something more in this principle then thus For first 〈◊〉 the same reason a man might say the King can doe no right if he can doe nothing by himselfe he â—…s not capable of such thanks as Tertullâ—… gave to â—…elix Secondly it would be very strange that a King should be excluded from the personall discharge of all manner of dutyes belonging to his high calling â—…nd might occasion the renewing of the Womans complaint against Philip of Mâ—…edon why then art â—…hou King this were to make His Majesty anoâ—…er Childerick one of the old Ciphers or titulary Kings of France and put all the power into the hands of a Major of the Pallace or a Marshall or some other Subjects What is it then there â—…ust be something more in this old Maxime of â—…ur Law that The King can doe no wrong And it â—…s thiâ—… doubtlesse that in the intendment of Law his Person is sacred he is freed from all defects as though he be a Minoâ—… or an Infant yet in the eye of â—…he Law he is alwayes of full age he owes account of his doings to God alone the Law hath no coercive power over him This is that which Samuel cals The Law of the Kingdom not to shew what a King may lawfully doe but what a Subject ought to bear from a lawfull King To the alone have I sinned said David he had trespassed against Uriah and Bathsheba yet he saith to thee onely have I sinned quia Râ—…x erat because he was a King and accountable to none but God as Clemens Alexandrinus Arnoâ—…ius Saint Ierome Saint Ambrose Venerable Bede Euthymius and sundry others do all affirme upon this one place and Gregory of Towers Si quis de nobis If anyone of us O King doe passe the bounds of justice you have power to correct him but if you exceed your limits who shall chastise you We may speake to you if you list not hearken who can condemne you but that great God who hath pronounced himselfe to be Righteousnesse And even Antoninus whom the Observer so much commends for a renowned and moderate Prince yet is positive in this Solus Deus Iudex Principis esse potest God alone can be Judge of a Soveraigne Prince In the Parliament at Lincolne under Edward the first the Lords and Commons unanimously affirme the same with a wonder that any Man should conceive otherwise That the King of England neither hath answered nor ought to answer for his Right before any Iudge Ecclesiasticall or Secular ex praeeminentia status sui by reason of the preheminence of His Regall Dignity and Custome at all times inviolably observed To try Princes and to doe justice Some man would desire to know how farre this Justice may be extended whether peradventure to depose them and dethrone them to exalt them depresse them Constituere destituere construere destruere fingere diffingere But for this they must expect an Answer from the Observer by the next post when he sees how the people will dance after his pipe and whether his misled Partners will goe along the whole journy or leave his Company in the mid way when he hath sufficient strength then it is time and not before to declare himselfe Till then he will be a good child and follow Saint Pauls advice in part Stoppage is no payment in our Law Suppose the Prince faileâ—…â—…n his duty are the Subjects therefore free from that â—…bligation which is imposed upon them by the Law of God and Nature When His Majesty objects â—…hat a deposition is threatned at least intimâ—…ted what doth the Observer answer he doth not disclaime the power but onely deny the fact Thus he saith It may truely be denied that ever free Parliament did truely consent to the dethroning of any King of England for that Act whereby Richard the second was dethroned was rather the Act of Henry the fourth and His victorious Army then of the whole Kingdome Marke these words that any free Parliament So it seemes that some Parliaments are not free And again did truely consent there may be much in that word also First whether they who are overawed with power of unruly Mermidons may be said to consent truely and ex animo Secondly whether they who consent meerely for hope of impunity to escape questioning for their former oppressions and extortions may be said to consent truely Thirdly whether they who consent out of hope to divide the spoyle may be said to consent truely Fourthly whereas by the Law of Nations the rights and voices of Absentees do devolve to those that are present if they be driven away by a just and probable fear whether they may be said to consent truely Lastly they that follow the Collier in his Creed by an an implicit Faith without discussion resolving themselves into the Authority of a Committee or some noted Members may they be said to consent truely That which followes of Henry the fourth and his victorious Army shews the Observer to be as great an Heritick in â—…olicy as Machiavell himselfe he 〈◊〉 better have said the Usurper and his rebellious Aâ—…my For a Subject â—…o raise Aâ—… against his Soveraigne to dethrone him as Bullenbrooke did and bâ—… violence to snatch the Crown to him selfe in prejuâ—… of the right Heireâ—… is Treason confessed by all men His acquisition is meere usurpation for any Persoâ—… or Society of Men to joyn with him or to confirmâ—… him is to be partakers of his sin But Gods judgemenâ—… pursue such disloyall Subjects and their posterity as it did them The greatest Contrivers and Actors in that Rebellion for a just Reward of their Treason did first feele the edge of Henryes victorious Sword and after them Henries Posterity and the whole English Nation smâ—…rted for Richards blood It is oâ—…served that all the Conspirators against Iulius Caesar perished within three yeares some by judgement of Law others by Ship-wracke upon the Sea others by battail under the sword of their conquering Enemyes others with the fame boâ—…k in wherewith they had stabbed their Emperour one way or other vengeance o ertooke them every Man What others say of Richards resignation is as weake which was done by duresse and imprisonment or at the best for fear of imminent Mischief To conclude this Section God and the Law operate both in Kings and Parliaments but