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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A30054 Some seasonable considerations for the good people of Connecticut Bulkeley, Gershom, 1636-1713. 1694 (1694) Wing B5401A; ESTC R224014 26,221 63

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3d of March last gave more power in that behalf to those to whom it was directed than ever we had by the Charter The Power of Arms grantéd by the Charter was not given to the General Court but only to the Governours chief Commanders and Officers for the time being c. The Charter never granted us the command of āny Forts or places of Strength Let us examine the Charter and see if we can find these things there 2 dly Suppose we that all this had been granted by the Charter from King Charles the second and his Successors to us and our Successors yet then the Grant had been void because the Militia is a Jewel of the Crown not to be granted by the King from his Successors It is like Abishag the Shunamite And why dost thou ask Abishag the Shunamite for Adonijah ask him for the Kingdom also sayes Solomon Beware of the next words God do so to me c. If the King give away his Militia he may give his Kingdom too And of the truth of this our present Behaviour is an undeniable Instànce 3 dly Suppose we That it had been so granted and that the Grant had been good yet we should remember that our Succession was determined in the Year 1688. So that we cannot talk of our Succession or Successors without some new Grant And when their Majesties came to the Crown the Militia and all Forces c. and all Forts and places of strength were in their Majesties hands And this was either by right or by wrong If it were so by Right there is no colour for this Objection If by Wrong we might then have preferred our Petition of Right for the Recovery of it But for us without their Majestïes Notice or Lisence either surrepetitiously or by force to take and with hold the Militia from the King is such a Presumption as I know not who will undertàke to justifie or excuse ● Object But we suspect that this Commission is a Cheat because the King was in Flanders at the date of it Answ But 1 st Can we prove it to be a Cheat otherwise this is a very bold Objection 2 dly It is only our Ignorance that makes us suspect it to be a Cheat. For we should know 1 st That the King is wont when he goes out of the Reàlm by his Letters Patents under the great Seal to constitute and leave behind him his Proxer or Deputy who is Guardian or Keeper of the Realm to exercise the Government in his absence 2 dly Bût now there is a Queen Regent his Majesty was pleased to commit the Government to the Queen in his absence and accordingly it was by Act of Parliàment of anno 2. W. M. May 20. 1690. provided That as often as his Majesty shall be absent out of the Realm of England the Queen shall exercise and administer the Regal Power and Government of the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed and the Plantations and Territories thereto belonging in the Names of both their Majesties c. The King's absence therefore is no argument that the Commission is a Cheat for if the King did not give his Writ of Privy Se●l before he went for the affixing of the great Seal the Queen might lawfully do it in his absence 3 Object But if it be not a Cheat yet the King hath given us no command to surrender the Militia to his Excellency Answ 1 st A poor shift as if their Majesties Commission to his Excellency to command were not a command for us to obey or as if his Excellency's command pursuant to his Commission received from their Majesties were not their Majesties Command He commands in their Majesties Name and for this he hath their Majesties Authority Warrant and Commission under the great Seal and do not their Majesties then command us to submit to him His Excellency demands no surrender of the Militia of us but Obedience to his Commission The Militia is the Kings and he hath constituted his Lieutenant over it and thereby furnished him with all the Powers that any of their Majesties Captain Generals do or have lawfully exercised Now the Kings Lieutenants or Captain Generals may lawfully assemble men form Regiments Troops and Companies commissionate Officers muster lead and conduct them or cause them to be mustered led and conducted either for Military Exercise or for actual Service as occàsion requires And the Law not only requires Obedience of all but in particular requires all Officers and Ministers to be aiding and assisting to the Kings Captain Generals in the execution of their Commissions He hath Power to require assistance of whom he will and they must assist him at their Peril 2dly Did their Majesties ever give their Subjects any command to yeild Obedience to our resumed Power We lately received a Letter from their Majesties Did their Majesties therein or any otherwise give the People any immediate and express Command to obey us in what we were thereupon about to do Yet we expect Obedience from them without any such command And are not we their Majesties Subjects as well as the rest of the People 4 Obj. But we cannot manage our Government without the Militia Answ Then we may either go to the King to help us or let it alone The Kings Government is more General more Necessary more Worthy and more Legal than ours and how shall the King manage or maintain his Government without the Militia Laws and Arms are necessary in a King that he may rightly govern the Times both of Peace and War as àforesaid Our Government is but a particular thing and we may not set our Government in Competition with much less in Opposition to the Kings Government 5 Obj. But we are afraid that if we let the Militia go our Government will go too and we shall be annexed to York Answ That is no necessary consequence but ìf it should be so what then Whether we be annexed to York or York annexed to us 't is as long as broad York hath been annexed to us once or twice àlready and what hurt did we receive by it it was in some sort annexed by our Charter which extended to the South Sea and then it was I suppose with our consent seperated again York was again annexed to us by the late King James and I know not any detriment that ensued upon that We have also once in great measure annexed our selves to York and without question the King may as well annex us to York as we annex our selves We may remember how readily at Leysler's motion under the pretence of an Expedition against Canada we confederated with him took Commission from him and put their Majesties Subjects under his command ànd have not their Majesties a better Right to put us under their own Lieùtenant commissionated by themselves Will the King take this well at our hands that we should obey any man rather than himself We can