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A78473 Certain materiall considerations touching the differences of the present times, collected by a faithfull pursuer of peace and truth. Faithfull pursuer of peace and truth. 1643 (1643) Wing C1703; Thomason E246_4; ESTC R1181 10,939 12

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such as now are supposed the Kingdome is to be put into a posture of defence against Forraigne Invasion or Domestick Tumult and Rebellion By Law and Custome the King is to order it And so much is acknowledged by the present Parliament in their Reply to the Kings Answer of the 29. of January where speaking of the Forts and Castles of the Kingdome they have these words viz. We confesse the nomination of any person to those places being so principall and inseparable a Flower of your Crowne vested in you and derived to you from your Ancestours by the fundamentall Laws of the Kingdome you may reserve to your selfe And anon after speaking of the Militia They say Which Militia ●e likewise acknowledge by the Law is subject to no command but of your Majestie and of Authority lawfully derived from you Now the King carefully applying himselfe to it I see not what necessity or disobliging extremity can justly be alleadged to dispossesse him of it when he is not convinced to have failed in his duty To doubt that he will faile is not to prove that he hath but rather that yet hee hath not done it If the Enemie were landed or the Subjects assaulted which are degrees beyond our dangers at least when this fell first into debate the ordering of defence would be still in the King unlesse where particular outrages enforced particular places to the defence of themselves by the law of Necessitie which awaiteth no Lawes But if the King bee regardlesse of his Trust and his peoples safety and let the Enemy graze along his Kingdome or any of his Ministers prove false to the State and either take with a Forraigne or become themselves a home Enemy and the King strive not to suppresse them or all which far be it to imagine do animate and incite them to despoyle his good Subjects Then and I suppose not till then is the danger in extremity and then is the plea just for the Lawes of necessity which doe not only enable the State in common but every man in particular to seeke the preservation of himselfe and of his Countrey by all such wayes as stand not in opposition to the Law of God 11 When I protest to defend the power and priviledges of Parliament It is but so far as lawfully I may and so far as I know them or ought to know them being easy to be knowne viz. such as by Custome and unanimous Consent have obtained as unquestionable not such as are quarrelled among themselves some claiming and others gainsaying nor such as are challenged without or against the King who being part of the Parliament ought to have Consent in the concluding of Priviledges at least ought not to be unpriviledged without his consent whose priviledges are protested for as well as and with the rest and the defence of them sworne to in the oath of Supremacy Where wee sweare to our power to assist and defend all Iurisdiction priviledge preheminence and Authority graunted or belonging to the Kings Highnes his Heires c. If the disposing of the Navy Forts Magazines and Militia bee as t is confessed they are by the Law of the Land the Priviledge of the King there can be no distinction to my apprehension imagined upon any feares or iealousies whatsoever where no evill is by him actually practised and all intentions of evill are absolutely abjured to warrant any men few or moe in Parliament or out of Parliament who have taken that Oath to dispossesse him of them or detaine them from him in what manner soever hee shall come to demand them For the Oath is peremptory and unlimited non est distinguendum ubi lex non distinguit To say they are detained for him not from him might have some colour if the King were either a child distracted or Weake minded But to an adult and understanding Prince such a pretence is a higher derogation by disparaging his wisdome or fidelity 12 Where power is invested in any and by custome and free consent of all is made hereditary I conc●ave it cannot afterwards be limited with other conditions then at first were agreed on without the consent of him that hath it 13 That which is certainly lawfull and but doubtfully dangerous is to be chosen rather then that which is not certainly lawfull and but doubtfully safe When A man offers no violence though upon good reason I feare he will hurt me to let his sword alone is certainly lawfull and but doubtfully dangerous To wrest it from him when he makes no assault is not certainly lawfull but rather certainly unlawfull and but doubtfully safe or rather undoubtedly dangerous for by that occasion a quarrell may be made and bloud shed which might otherwise possibly at least have bin saved I would the application were not easie 14 If a man being illegally dispossessed of his right doe in heat of contention use some illegall meanes for the recovery of it that is not to be drawne into argument to justifie the illegallity of the first usurpation If a man unassaulted wrest my sword from me and I afterwards beat him he may not draw my after-beating into argument to justifie his taking my sword from mee 15 When the envy of not yeilding to the advise of his great Councell is cast upon his Majestie It is fit to set the case upon its owne leggs It seemes by many passages in the observations and other bookes and by more then Booke-passages that the King is esteemed a Tyrant over his people For what else is implyed in the distrusting and Vilepending of his Oathes Obtestations Imprecations Execrations In reputing the Attendance and Company about him whom he ownes and protects Enemyes to the State in raising at least defensive Armes in seizing his Navy Shutting the Towne Gates against him and possessing his Forts and Magazines against his Command For will a man wrest anothers sworde from him if he do not presume he will draw it upon him Nay is it lawfull to take any mans sword if any mans then till it be drawne upon him or some violence offered him or threats given him If it be said then it is too late it may as well be said till Then it is too soone Now then When they are so opinioned and jealous of the Kings love and fidelity how can it be imagined that he should looke on them as Ingenuous and Equall Counsellours and not be as distrustfull of the sincerity of their advise For how shall I perswade another to be directed by me as his friend when I give him to understand that I take him for mine Enemy that intends mischeife against me especially when the matter is not of ordinary concernment wherein each one 's Rights are left free and untouched but such as trencheth deep into his Majesties Prerogative and tendeth not only to the spanning of his power but mainly also to the quenching of his honour whilst by yeilding to such advise he must tacitely confesse that he