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A94044 A shield against the Parthian dart, or, A word to the purpose, shot into Wallingford-House. Answered in defence of the present actions of state here in England, that produced the late change of government. By J.S. Streater, John, fl. 1650-1670.; Spittlehouse, John, attributed name. 1659 (1659) Wing S5950; Thomason E988_11; ESTC R208075 13,837 23

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advancement of his own Interest making War and is overcome and in hold out of which condition he is to be re-invested without being brought to account for any one irregular Action of his in Government and resusing to Govern the Nation according to the advice of his great Council the Parliament The War being ended the King being still obstinate the Parliament are to seek a way and meanes how and where to secure the Interest of the Publick otherwise then by or with the King they cannot do it without an Army standing by them They the better or the greatest part of them have from time to time had occasion to call to the Army for help against the enemies of Settlement within the House as at that time when the Speaker did flye the House one part of the House invited down the Reformado Officers and rude Rabble about the City of London who did lock up the House and forced them to vote what they pleased the other part of the house fly to the Army from whom was to be expected more good then could be from a multitude in regard they were under Authority moved by Order and Council who did march to London guarded the forced Members to the House and excluded the others that countenanced this popular faction against the Interest peace and quiet of the People Our Author is to understand that disturbances boyled-up by Factions in a Common-wealth is like to a Storm at Sea in which the skilful Sea-man must furle his sails lower lour his masts lash his helm close aboard and lye at Try He cannot sayl by his Compass nor keep account what way his Ship maketh So even it is with a Parliament or Army they cannot untill the distempers of factions be allayed and designes cease which cause Storms Harracanes and Concussions by War The Sailes Formalities and prescriptions must be taken in the Masts the Laws Loured in such times formalities and order and Law must be dispenced with Will you bring an action of Trespass against an Army of horse for entring upon such a Medow and feeding trampling down and destroying your Grasse Was it an orderly thing according to Law that David did in sending command to Nabal for provisions for his Forces I mention this only to evince what is afore asserted that Law is fited for time of peace and quiet and that such actions t●at are and may be necessary and tending to preservation in time of War may be against Law made and fitted onely for peace And therefore though it be not so Regular it may very well become the Army to declare in what case they will stand by the Parliament It cannot be accounted to be an appointing or a cutting out of work for the Parliament by the Army but on the contrary their duty An Army is not above Law because that the necessary execution of things relating to the duty of an Army is of that high nature that it cannot come under the execution of the Laws of a Nation therefore in such cases where the necessities of their affaires of trust require them to in●rench upon that Law they usually are Indempnisied and pardoned as in that of Indempnifying of the Army of Henry the 7th in the War against Richard the 3d cited by Mr. W●lliam Prynne who is an Author much in credit amongst the dissatisfied in these words In which battle though it was just and no Treason nor R●bellion in point of Law in those that assisted Henry the 7th against the Usurper yet because the killing of Men and the s●izing of Goo●s in the time of War is against the fundamental Laws of the Realm there needed an Act of Parliament to discharge them from Suits and Prosecutions for the same 3. part Soveraign Power of Parliaments page 45. By all which it appeareth that an Army though they are not fit I●struments to settle the Government yet they are fit Instruments to ayd the settlement of Government And to this end and purpose Princes and Councels nay all Legislators ever did make use of them What the Army hath done in this particular is no more then their duty they do not take upon them the settlement of Government but dutifully do adhere to the Supream Authority of the people assembled in Parliament unto whose Judgment Wisdom and Authority the Army submitteth Again saith our Authour Durst they do any thing contrary to the mind of the Army Have they not answered that Quaere in their taking upon them to give Commissions the which is a thing of no small Magnanimity Our Authour is not acquainted with Politicks he hath read Cook on Littleton a good Authour I do not mention him for any disrespect he describeth very Judiciously the Common-Law upon severall Tenures which is a thing certain For these kind of Cases our Authour should read Grotius and other such like who will tell him That a Supream Power is Imprudent if they Impose or Command any thing that will not be Obeyed or that which with difficulty they shall obtain to be obeyed also that they should diligently observe what a People or an Army would have that if possible they may grant or give before it be asked A Supream Power loseth much of their authority if the Good which they ought to do be forced from them It was in such like points of the Politicks that the late King lost himself contrary to the advice of his best Councel who advised him to grant what ever the People or Parliament desired Lastly our Authour hath put his third Quaere thus Whether in respect of the thing it self we are likely to attain to a Free-State He saith himself That if by a Free-State be meant the enjoying of Liberty according to Magna Charta chap. 29. to preserve Interest Property and Liberty he himself will be for that sort of Government Our Authour here hath betrayed his Ignorance and want of knowledg of a Free-State For his better Information A Free-State is the Ruling of the People by Turns by Laws that are Superiour to private Interest that may preserve all it is the very thing that he desireth These things are with great difficulty and danger obtained defended or preserved in a Monarchical Government or in any other than in the Government of a Free-State For those Princes and Senates that are standing and perpetual govern well no longer then they see it is for their Interest so to do The Republick is not one jot beholding to them for it When they mistake themselves in their principles of Policy and do that which is to the detriment of the People it is then apparent As when a wicked Prince or a wicked Councel and a foolish Prince is in power they do much Hurt to the People when you have good from them it is but for their own sakes Therfore some Princes and standing Senates are good not naturally or willingly but prudentially they see it is best to be good A Free State governed by Annual Representatives is