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
were opposite one to another and that notwithstanding the Law men must not thinke that Gods Children in doing the work of their Heavenly Father that is reforming Religion will faint in their Duty that is in raising Arms. So farewell Magna Charta and the Laws of England for ever if this man may have his will and welcome the judiciall Law of Moses Now I see the reason why they have taught so long that the King cannot pardon any crime condemned by the judiciall Law because no Man can dispence with the Law of God But how many thousands have been drawn into this action which never Dreamed of such a bottomlesse Gulfe of Mischief and when they doe see it will abhominate it and the Contrivers of it Fourthly they have cryed Bishops out of Parliament because no man that warreth must intangle himself with the affaires of this Life yet they themselves have been humble Motioners both in England and in Scotland to have a number of wise and grave Ministers admitted into Parliament in stead of Bishops It was the men then not the thing they misliked Fifthly they say to be a Clergy-man and a Privie-Councellour are incompatible yet Calvin and Bezae were of the Councell of Sixty at Genevah and the Syndicks and Councellours there of the Ecclesiasticall Senate yea 〈◊〉 home in a great Treaty of late and in a Commission now on fooâ—… we have seen a 〈◊〉 a prime Commissionâ—… and their greateâ—… Pâ—…vie-Councellers are of their Lay-Elders which by their new Learning are a part of their Ecclesiasticall Hierarchy Sixthly we have heard a great noise lately about an Oath decreed in the Convocation about another Oath called Ex officio as if it were against the Law of Nature for a man to accuse himselfe Nemo tenetur prodere sseipsum and lastly abâ—…ut the Subscription which is â—…equired to oâ—… Articles of Religion yet for the first the Citizens of Genevah tooke the like Oath fâ—… their new Discipline which the Sun had neâ—…r beheld before that we prescribed here foâ—… our old Discipline There every Minister at his Admission takes an Oath in these words I doe promise and sweare to keep the 〈◊〉 Ordinances which are passed by the smâ—…ll great â—…d Generall Councells of this City This is a nâ—…te higher then ours And of late we know wâ—…o they were that tooke an Oath to stand toâ—…ose 〈◊〉 and Decisions which should be mâ—…de in an Assembly to come For the second â—…at is the Oath Ex Officio it is allowed in thâ—…r Presbiteries Calvin in an Epistle to Favellus â—…cknowledged that he himself adminiâ—…red it And for Subscriptions they are so miliar among them that there is not a Minister admitted to a â—…harge nay not a Boy metriculated in a Colledge but he knowes it Is not this Partiality Seventhly they complaine that the Ecclesiasticall Courts did extend their Jurisdiction to Civill Causes yet there is not that offence in the World from Dancing and Feasting to Treason and murder which is either a violation of our piety towards God or Charity towards Man which they doe not question in their Presbiteries And which is worse their Determinations are not Regulated by any known Law but are merely arbitrary secundum sanas Conscientias Neither doth there lye any appeale from them as their did from Ecclesiasticall Courts he that durst but bring a prohibition to one of their Elderships he would quickly feele what it was to pull the Scepter of Christ out of his hands Eightly they groaned hard under the burthen of the High Commission yet themselves would erect an high Commission in every Parish I doe not know whether all their Presbiâ—…eries be indowed with the like Power but â—…re I am some of them have had both their Prisons and their Pursevants And where the High Commission here was confessed to be a temporary Institution they plead for the other as a Divine Institution Yet fearing this Parrochiall Jurisdiction might not produce an uniforme Reformation some of them have desired others accepted generall Commissions for Nationall-Superintendency Ninthly they sâ—…ieght all old Councells and new Convocations and call their Cannons in scorn the precepts of Men yet where they have power to call a Synod or Assembly every man must submit at his uttermost perill as if themselves were not men but a Company of Angells Lastly they call for Liberty of Conscience yet no Men impose a heavier yoake upon the Conscience They cry out against Martiall Law in others and approve it in themselves They hate Monopolists but love Monopoliâ—… They condemn an implicit Faith yet no Men more conâ—…iding and implicit grounding their actions neither upon Reason Law noâ—… Religion but upon the authority of their Leaders and Teachers They magnifie the obligation of an Oath yet in their own case dispence with all Oathes Civill Military Religioâ—…s witnesse Master Marshall and Master 〈◊〉 we are now taught that the Oaâ—… we have taken must not be examined according to the interpretation of Men no How then surely according to the Interpretation of 〈◊〉 They complained that Excommunicationâ—… was used for triviall Causes yet themselves stick not to cast abroad this thunderbolt for Feasting or Dancing or any the least 〈◊〉 They complaine of severity against their Pastors yet themselves do teach in their own case that they are more rigorously to be dealt withall who poyson the Souleâ—… of Men with false Doctrine then they that infect their Bodyes with poyson A false Principle I confesse and repugnant to the practise of all the world men are willingly perveâ—…d but not willingly poisoned The Poisonâ—… knowes the power of his Poisons the false Teacher doth not alwayes know his own Error Repentance may be a Remedy for the one but there is no Cure for the other The Diseases of the Soule are indeed greater then the Diseases of the Body if you consider them in the same Degree otherwise a sullen â—…it of Melancholy though an infirmity of the Mind is not â—…o terrible as a raging â—…it of the Stone yet is it but an infirmity of the Body They cry out against the Disorders of our Ecclesiasticall Courts but will not see the beame in their own Eye that in their Consistories the same man is both President and Register the same Parties both Accusers Witnesses and Judges the proof sometimes upon Oath sometimes without Oath sometimes taken publikely sometimes privately so as the Person accused neither knowes who is his Accuser nor what is proved sometimes Records are kept sometimes not kept As for matter of lawfull exception and defence it is accounted superfluous and superstitious I plead not for any former abuses I desire not to abridge the lawfull power of any other Church but onely shew the extreame Partiality of these Men Yea what is that which themselves have condemned in others that themselves do not practise where they have power in a much higher Degree Is not this fine hocas poâ—…as a Man and no Man hit a bird and no
bird with a stone and no stone on a Tree and no Tree In this Riddle there may be something in Nature which seems to be intermedious to salve the contradiction in shew but in their case no manner of Difference to make the same thing just and unjust but Self-love and Partiality Was it Treason in the Northern Rebells to make an Insurrection and is it now become Pâ—…ty I delight not in Domesticall Examples let us rather cast our eyes beyond Sea and see where ever Protestants were accused for Rebellion but where either Anabaptisme or this Discipline did take place and yet none of them I except onely Anabaptists were halfe so criminous as ours They had sundry pleas which we cannot make for our selves As first that they did not rise up against their lawful Prince but onely against a Protector to whom they did owe no Allegiance but an honorable Acknowledgement but our Laws binds us not onely to owe Allegiance but to swear it Or secondly that they did not rise up against the Person of their Prince but against some enraged Minister of his reserving still their Obedience to their Soveraigne inviolate but we have not onely resisted but invaded the Kings Person There were more great shot made at the very place where the King was at Edge-hill then the same proportion of Ground throughout the Field the â—…ery liâ—… Cuâ—…esy was offered to the Queen at â—…urlington to welcome her into England Or thirdly their Princes did go aboâ—…t to force their Consciences withot Law or against Law and by an Arbitrary Power set up an Inquisition among them but good King Charles is so farâ—… from this that for the â—…ase of his Subjects he hath taken away an High-Commission established by Statute and is still ready to condiscend to any thing that can be reasonably proposed for the ease of tender Consciences What is it then Hath His Majesty been a hard Master No. Heare a Witnesse that will not violate his Conscience to doe Hiâ—… Majestie service I see many hâ—…re the most â—…toriously obliged indeed as much as Servâ—…s can be to a Master in this good Cause hâ—…ve â—…stered those vulgar Considerations and had the Courage to despise him that is the King to His Face A good Panegyricke and His Majesty may live to requite them as Caâ—…us did 〈◊〉 the Traytor when his Sonne had slain 〈◊〉 Ironside and he saluted the King with Aâ—… Rex solus his Reward was a Good Gibbet Ego te bodie ob â—…nti Obsequii meritum cunctis Regni 〈◊〉 〈◊〉 〈◊〉 These Seditious and Schismaticall Principlâ—… were not the â—…esults of a 〈◊〉 〈◊〉 and uningaged Judgemenâ—… but rather the excuse of criminous or the 〈◊〉 oâ—… neâ—…ssitated Persons wheâ—… 〈◊〉 produceth new Opinions and 〈◊〉 〈◊〉 followeth the Dictates of the Will there is small hope of Tâ—… When Men oâ—… Belial Factious Persons had shaken off 〈◊〉 yoake of a just Government being neither Pretenders themselves in point of Right nor capable of Soveraignity by reason of their obâ—…curity that they might retaine that iâ—… part which they could not graspe in the whole they broached these desperate Devises of the Omnipotency of the People wheâ—… others oâ—… the same Men either having expelled Bishops to gaine their Revenues upon pretence of Superstition or living under a Soveraigne of another Communion could not have Bishopâ—… of their own and yet did find the necessity of Discipline then they fancyed the new form of Presbiteries in imitation of the Jewish Synedriums throughout their Synagogues though that be most uncertaine and all Men know this for certain that the Synagogues were but humane Institutions Acts 15. 21. not from the Law but from old Time Which new form of Discipline was so adapted and accomodated to the Politicke State of the Citty of Genevah that as it was there established it cannot possibly â—…it any other place except it have fower Syndicks a greater a lesser Councell Then as all Sects are modest in their beginnings they desired their Neighbour Churches onely to certifie that their Discipline was not repugnant to the word of God yet now they would obtrude it on the world as the Eternall Gospell So our new upstart Independents which run gadding about the World like Lapwings with their shels upon their Heads having been kept under the hatches here in old England performing their divine Offices in Holes and Corners and having no Assemblyes but such as did of their own accord associate themselves to them now deny the name of true Churches to all Societies but such blind Conventicles And shall we make their excuses to be our grounds shall we that live in the most temperate part of the temperate Zone injoy a Government as temperate as the Climate it selfe we who cannot complain either of too much Sun or too little Sun where the Beames of Soveraignty are neither too perpendicular to scorch us nor yet so oblique but that they may warm us shall we goe about in a madding humour to dissolve a frame of Government which made our fore-Fathers happy at home and famous abroad shall we whose Church was the Envy and Admiration of Christendome neither too garish nor too sluttish excelling some as far in Purity as it did others in Decency now learn Religion out of Tubbs as if the little toes could see further then the eyes If they have an extraordinary calling where are their Miracles mendaâ—…ia video miracula non video we heare there lyes not see their wonders Saint Paul became all things to all Men but that was compatiendo non mentiendo as St. Augustine saith Shall we without need put our life 's into the hands of crackbrain'd unskilfull Empericks which have taught us already to our losse that a new Phisitian must have a new Church-yard rather mutemus clipeos let us leafe them old England and content our selves with new England It will be better to live in hollow Trees among Savages and Wild Beasts then here to be chopping and changing our Religion every new Moon Be not deceived as if these men did desire no more then onely the rectifying of some former Obliquities and Irregularities we are now told in plain English that it is to subdue the pride of Kings Monarchy it selfe is the onely Object worthy of these men Wrath. May not one here exclaime as the great Turk did to his Councell when the Templers and Hospitaliers advised him by letter how Fredericke the Christian Emperour might be taken Ecce fidelitas Christianorum behold the Loyalty of our great Reformers But what is this pride of Kings If we will believe one of their Authors in his application of the Story of Cleomedes his Daughter to the Domestick Custome of the Spartan Kings pater hosâ—…es manus non habet it is a one piece of their pride to have a man to pull off their shooes and yet they say the Author had one to brush his Cloathes Now they stick not to let us know why they
maligned Episcopacy whilest Bishops stood they could not fill all the Pulpits of the Kingdome with their Seditious Oratours who might incite the people that their zeal to God may not be interrupted by their Duty to the King that by the Christian Labours of their painfull Preachers they may not want hands to bring their wishes to passe they are their own words Is this the reason we have not a word of Peace and Charity from that Party but all Incentives to Warr and to joyn in making that great Sacrifice to the Lord. Yet whilest they are so busy in in getting hands too many of them perjured hands let them remember Rodolphus the Duke of Sweveland his hand in Cuspinian who being drawn into a rebellious Warre against the Emperour and in the Battell having his right Hand cut off held out the Stump to those that were about him saying I have a just reward of my Perjury with this same Hand I swore Allegiance to my Soveraigne Lord. Yet the good Emperour buried him Honourably which being disliked by some of his Friends he replied utinam omnes mei Adversarit eo ornatu sepulti jacerent We have sworn Allegiance as well ashe and God is the same he was a severe Avenger of Perjury Onely Zedekiaâ—… of all the Kings of Iudah a perjured Person to Nebuchadnezzar had his eyes put out because saith one he had not that God by whom he sware before his eyes Another instance of Perjury we have in Uladislaus when Huniades had made Truce with Amurath for ten yeares the King by the incitement of Cardinali Iulian did break it the Turk in distresse spreads the Articles towards Heaven saying O Iesus if thou be a God be avenged of these false Christians presently the Battell turned Uladislaus was slaine in the Fight the Cardinall in flight When God had justly punished Corah and his rebellious Company the Common People murmured against Moses and Aaron saying Ye have killed the Lords People Numb 16. 49. What was the Issue the Lord sent a Plague which swept away fourteen thousand and seven hundred of them So dangerous a thing it is onely to justify Traytors Dost thou desire to serve God purely according to his word So thou mayest without being a Traytour to thy Prince if our practise were but conformable to the truth of our Profession we might challenge all the Churches in the World God Almighty lighten the eyes of all those that mean well that we may no longer shed one anothers blood to effect the frantick Designes of Fanaticall Persons and by our contentions pull down what we all desire to build up even the Protestant Religion the Law of the Land and the Liberty of the Subject Treason never yet wanted a cloake we are not to judge of Rebells by their Words but by their deeds their voice is Iacobs voice but their hands are the hands of Esau. The Adulterous woman eateth and wipeth her mouth and saith what have I done yet sometimes God suffers the contrivers of these Distractions unwittingly to discover themselves that unlesse we doe willfully hoodwinke our eyes we cannot but see their aimes Among others that Speech which exhorts us to subdue the pride of Kings to purchase a Parity in the Church with a parity in the State to shed the blood of the ungodly that sleights all former Oaths and Obligations and vilifies the Laws of the Land as the inventions of men may be a sufficient Warning-Piece to all Loyall Subjects and good Christians And so may the late Petition be though from meaner Hands to a Common Councell wherein they doe nakedly and professedly fall upon His Majesties Person without any Mask and sawcily and traytorously propose the alteration of the Civill Government which every true-hearted English Man will detest Say not these are poor vulgar Fellowes These have been the Intelligences that have of late turned the Orbe of our State about or at least the visible Actors And who sees not that this is cast abroad thus by the cunning of their sublimated and Mercuriall Prompters to try how it will rellish with the palate of the People as an Introduction to their actuall Designe that when it comes to passe the World may not wonder at it as a Prodigie So was it given out among the People by Richard the third that his Wife was dead when she was in good health but she wisely concluded what was intended by her kind Husband to be her next part Where are our English Hearts why doe we not at last all joyn together to take a severe account of them who have blemished our Parliament subjected our Persons and Estates to their arbitrary Power who have sought to de-throne our Soveraigne and to robbe us of our Religion Laws and Liberties But now to the Observator Observer IN this Contestation between Regall and Parliamentary power for method sake it is requisite to consider first of Regall then of Parliamentary Power and in both to consider the efficient and finall Causes and the meanes by which they are supported Answer Stay Sir before we enter into these Consideratitions let us remember the Rule in Rhetorick cui bono what advantage will this inquiry bring us Doe you desire to be one of the Tribunes or Ephori of England to controule your King or would you have the great Oâ—…ke cut down that you might gather some sticks for your selfe Thus we are told lately the wisest men will not thinke thems elves uncapable of future Fortunes if they use their uttermost power to reduce him that is the King to a necessity of granting Or would you have us play the Guelphes and Gibellines to cut one anothers throats for your pastime Pardon us Sir we cannot thinke it seasonable now when poore Ireland is at the last gaspe and England it selfe lies a bleeding when mens minds are exasperated by such Trumpeters of Sedition to plunge our selves yet deepeâ—… in these Domestick Contestations what could the Irish Rebells desire more Comparisons are alwayes odious but Contestations are worse and this between a King and His Parliament worst of all This dismall question did never yet appeare in this Kingdom but like a fatall Screech-owle portending blood Death and publique Ruine This was the Subject of the Barons Warre the consequent of this in the wrong offered to a lawfull Prince was the fountain of those horrid Dissentions between the red Rose and the White which purpled all our English Soile with native Blood we have had too much of this already Halfe of that Money which of late hath been spent of that blood which hath been shed about this accursed Controversie would have regained Ireland and disingaged England whereas now the sore festers dayly more and more under the Chirurgeons Hands Our Fore fathers have setled this question for us we desire to see what they have done before we goe to blind-mans buffet one with another If it hath been composed well or but indifferently it is better then Civill Warr And
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
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
which he calls a Remedy is ten times worse then the disease itselfe even such a Remedy as the luke-warm blood of Infants newly slain is for the Leprosy and in this respect worse that a Leprosy is a disease indeed but where shall a Man almost read in story of a Father slaughtering his Son except perhaps some franticke Anabaptist in imition of Abraham it will not be difficult to find two Sons that have made away their Fathers for one Father that hath made away his Sonne notwithstanding the Fathers Authority So this case is inter raro aut nunquam contingentia and may be reckoned amongst the rest of the Observers incredible suppositions which are answered before in the beginning of this Section But if the Observers Doctrine were once received into the world throughly for one instance of a Parracide now we should hear of an hundred A Mischief is better then an inconvenience a Mischief that happens once in an Age then an inconvenience which is apt to produce a World of Mischiefes every day as where the King is able to make good his Party res facile redeunt ad pristinum statum or where Forrein Princes shall engage themselves on the behalfe of Monarchy it selfe or perhaps doe but watch for an opportunity to seise upon both parties as the Kite did on the Frog and the Mouse and howsoever where Ambition Covetousnesse Envy Newfanglednesse Schisme shal gain an opportunity to act their mischievous intentions under the cloake of Justice and zeal to the Common-wealth We are now God knowes in this way of Cure which the Observer prescribes I may say it safely This Kingdom hath suffered more in the tryall of this remedy in one year then it hath done under all the Kings and Queenes of England since the union of the two roses I think I may inlarge it since the Conquest except onely such seditious times Leave a right to the Multitude to rise in Arms as often as they may be perswaded there is Danger by the Observer or some such seditious Oratours for their own ends and every English Subject may write on his doore Lord have mercy upon us Thirdly I doe grant that to levy Arms against the authority of the King in the absence of his Person is to warre against the King otherwise we should have few Treasons Some desperate Ruffian or two or three Raggamuffins sometimes but rarely out of revenge most commonly upon seditious principles and misled by some factious Teachers may attempt upon the Person of the Prince but all grand conspiracies are veiled under the maske of Reformation of removing greivances and evill Councellours Fallit enim vitium specie virtutis umbra I goe yet further that when a Kings Person is hâ—…ld captive by force and his commands are meerely extorted from him by duresse and fear of further Mischief contrary to the dictate of his own reason as it was in the case of Henry the sixth there his commands are to be esteemed a nullity of no moment as a forced marriage or a bond sealed per minas But where the King hath Dominion of his own Actions though he be actually misled and much more though he be said to be misled the case is far otherwise These three truths with these Cautions I doe admit in this distinction of the Kings Person and Office But yet further here are sundry rocks to be avoided in it The first is not onely to distinguish in reason but actually and in deed to divide the Kings Person from His Authority that is to make the King a Platonicall Idea wiâ—…out personall subsistence or as the Familists doe make their Christ a Quality and not a Man as if the King of England were nothing but Carolus Rex written in Court hand without flesh blood or bones To what purpose then are those significant solemnities used at the Coronation of our Kings Why are they crowned but to shew their personall and Imperiall Power in Military Affaires why inthroned but to shew their judiciary Supremacy why inoâ—…led but to expresse their Supremacy in matters of Religion That the Kings Authority may be where His Person is not is most true that His person may be without Authority is most false That his Office and Authority may be limited by Law is true but a King without personall Authority is a contradiction rather then a King such a King as the Souldiers made of Christ with a scarlet Robe a Crown of Thornes a Scepter of a Reed and a few Courtesies and Formallities The Person of a bad King is to be honoured for his Office sake to what purpose if his Person and his Office mâ—…y be divided How dull were the Primitive 〈◊〉 that suffered so much because they were not capâ—…ble of this distinction By this distinction S. Paul â—…ight have justified his calling Ananias whited Wall without pleading that he knew not that he was Gods High-Priest and have told him plainly that be reverenced his Office but for his Person and illegall commands â—…e did 〈◊〉 respect them When Maximian commanded â—…he Christian Souldiers to sacrifice to Idols this â—…as an unlawfull command yet they câ—…ose rather to â—…e cut in pieces then to resist When the same Maximian and Dioclesian published a cruell Edict â—…t Nicomedia agâ—…inst Christians That their Churâ—…hes should be demolished their Scriptures burned â—…heir Apostate Servants infranchised this was but a Personall Arbitrary Edict A principall Professor â—…ore it in pieces and suffered death for it even in the judgement of his Fellow Christian deservedly A second Danger is to leave too great a Latitude of Judgement uâ—…to Subjects to censure the doingâ—… of their Soveraigne and too great a Liberty not onely to suspend their obedience but also to oppose his commands till they be satisfied of the legallity thereof A miserable a condition for Princes as it is pernicious for Subjects and destructive to all Sâ—… cieties A Master commands the Servant an unjuâ—… act in the opinion of the Servant yet the Servaâ—… must submit or be beaten Doth not the Master hiâ—… selfe owe the same Subjection to his Prince tâ—… Master denyes the act is unjust so doth the Prince who shall be Arbiter it were too much sawcinesâ—… for a Servant to arrogate it to himselfe what is then for a Subject will a Judge give leave to an Eâ—… ecutioner to reprive the Prisoner till he be satisfie of the Legallity of the Judges sâ—…ence A Supâ—… riour may have a just ground for his Command whicâ—… he is not alwaâ—…es bound to discover to his Subjects nor is a Subject bound to sift the grounds 〈◊〉 his Superiourâ—… Commands In summe a Subjeâ—… should neither be tanquam scipio in manu like staffe in a mans hand alike apt to all motions read to obey his Prince though the act to be done be eâ—… dently against the Law of God or Nature nor yeâ—… on the other side so scrupulouâ—… as to demurre upon aâ—… his commands untill he understand
the Law no otherwise then by voluntary submission Secondly the Law hath a directive Power over Kings and all good Kings wilâ—… follow it for example sake to their Subjects for Conscience sake to themselves Tacitus saith of Vespasian that being antiquo cultu victuque observing the old customes in his Diet and his apparrell he was unto the Romans praecipuus adstricti moris Author an excellent pattern of Frugalitie But the Law hath no coercive Power over him This besides his Power of pardoning and dispensing may appear by these two reasons First that no writ lyes against him in Law but the party grieved hath his remedy by Petition or supplication Secondly that if upon petition he doth not right the wronged party there is â—…o course in Law to compell him satis sufficit ei â—…d paenam quod Dominum expectet ultorem and elsewhere incidit in manus Dei viventis he falls into the hands of the living God which the Scripture saith is a fearfull thing wiâ—…nesse Pharaoh Senacherib Nero Domitian Dioclesian Deciâ—…s Aurelian Iulian c. Some slain by themselves some by others some drowned some smitten with Thunder some eaten with Wormâ—… how seldome Tyrants escape punishment even in this World I see not why the Obserâ—…er should be so angry that this Doctrine should be pulpitted as he phraseth it or why he should accuse it of flattery whether is the greater curbe to restreine Princes the fear of Man or of God of temporâ—…ll onely or of temporall and eternall punishment Si genus humanum mortalia temnitis arma At sperate Deosmemores fandi atque nesandi The Observer acknowledgeth as much in effect The King is not accountable for ill done Law hath only a directive no coercive force upon his Person There is a fourth answer to this Text by distinguishing between private Persons and subordâ—…te Magistrates but because the Observer makes no use of it I passe by it Observer But Freedome indeed hath diverse degrees of Laâ—…tude and all Countries there in dâ—… not participate alâ—… but positive Laws must every where assigne those 〈◊〉 The Charter of England â—…s not strait in Privilegâ—… 〈◊〉 us â—…ther is the Kings Oath of small strength to 〈◊〉 Charter oâ—… that though it be more precise in the care 〈◊〉 Canonicall Privileges and of Bishops and Clergy-meâ—… is having been penned by Popish Bishops then of thâ—… Commonalty yet it confirmes all Laws and rightfull Customes amongst which we most highly esteeme Parliamentary Privileges and as for the word eligerit whether it be future or past it skills not much â—…or if by thâ—… Oath Law Iustice and Discretion be executed amongâ—… us in all judgements as well in â—…s out of Parliaments and if Peace and godly agreement be 〈◊〉 kept amongst us all and if the King defend and uphold all ouâ—… Laws and Customes we need not â—…eare but the King 〈◊〉 bound to consent to new Laws if they be necessary aâ—… well as defend old for both beiâ—…g of the same necessity the publike trust must needs equally extend to both anâ—… we conceive it one Parliamentary Right and Custome that nothing necessary ought to be denied And thâ—… word eligerit if it be in the perfect tense yet shews thaâ—… the Peoples election had been the ground of ancienâ—… Lawes and Customes and why the Peoplâ—…s Eleâ—…ion in â—…arliament should not be now of as great moment as ever I caâ—…not discover Answer â—…omento fit cinis diu silva The Observer hath 〈◊〉 long weaving a Spiders Webbe and now he â—…selfe sweepes it away in an instant for if 〈◊〉 Laws must every where assigne the degrees of liâ—… what will become of those tacite trusts and reâ—…ions of those secret and implicite but yet neâ—…ry limits and conditions of Soveraignty which if the Prince exceed the Subject is left free nay 〈◊〉 is bound by a higher duty then Oathes and all Ties of Allegiance whatsoever to seek his own preservation and defence Calvin wâ—…s of another mind Superior si pâ—…testate suâ—… abutituâ—… rationem quidem olim reâ—…det Deo non tamen in presentia jus suum amitâ—…it Admitting this Doctrine that there are such secret reservations and condition and these as generall as â—…afety Liberty and Necessiâ—… and make the People their own â—…udges wâ—…en necessiâ—…y iâ—… what is a violation of Liberty and what doth indanger their safetâ—… and all that great and glorious Power which we give unto Princes will become but like the Popes infallibility and his temporall Dominion which his Flatterers doe give unto him with so many cautions and reservations that they may take it away when they please Take nothing and hold it fast But leaving these flegmaticke speculations I doe readily joyn hands with the Observer herein That the positive Laws of a Kingdome are the just measure and standard of the Lâ—…berty of the Subject To say nothing of the great distance that is between ouâ—… Euroâ—…aean Pâ—…nces in extent of Power over their 〈◊〉 â—…o come â—…ome to our selves we see some Corporâ—…ons are indowed with more liberties and Privileges then others thanks to a favourable Charter not to any anâ—…ecedaneous Pâ—…ctions we see what difference of Tenures is amongst uâ—… some are Coppy-holders some are Free-holders some hold in Villeâ—… 〈◊〉 some in Knight service some in free soccage 〈◊〉 in Franke Almaine whence springs this diverâ—… but from custome and the pleasure of the Doâ—… who freely imposed what conditions he liked at such time as he indowed the ancestorâ—… of the present Possessors with such and such Lands We have a surer Charter then that of Nature to hold by Magna Charta the English Mans jewell and Treasure the fountain and foundation of our Freedome the Walls and Bulwarke yea the very life and soule of our security He that goes about to violate it much more to subvert it in whole or in part I dare not curse him but I say for my selfe and let the Observer do the like let him prove the shame and abject of Men and his Posterity slaves But doe you think it was penned by Popish Bishops faire fall them for it certainly they did that as English Bishops and as Christian Bishops not as Popish Bishops long may their reformed Successors injoy the fruit of their Labours if they doe not others may looke to themselves Jam tua res agitur paries oum proximus ardet It is no new thing to beginne with Bishops and â—…end with Nobles It troubles you that they were so â—…recise in the care of Canoicall Privileges T is probable they did it out of Dâ—…otion 〈◊〉 〈◊〉 call instinct as foreseeing or feâ—…ring 〈◊〉 Times Yet you confesse withall that it confirmes 〈◊〉 Laws and rightfull Customs to all Subjects 〈◊〉 Now Sir we are come to a fairâ—… Issue hold 〈◊〉 foote there your next taske must be to shew â—…at part of Magna Charta is violated by His Majesty what Liberties there granted are by him deteâ—…ned from the Subject if
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
Oath which beares markes enough in it selfe of the time when it was made are not to be pressed further then Custome and practice the best Interpreters of the Law doe warrant otherwise the Words quas vulgus elegerit cannot without much forcing be applied to the Parliament But admit the word vulgus might be drawn with some violence to signifie the House of Coâ—…ons by virtue of their representation yet hoâ—… have the House of Lords lost their interest if the King be boâ—…nd to confirme whatsoever the House of Commons shall present Thirdly it cannot be denyed that if the King 〈◊〉 bound by a lawfull Oâ—…th to passe all Bâ—…lls it is not the form of denying it but the not doing it which makes the pâ—…rjury Therefore the form of the Kingâ—… answer Le Roy Savisera canâ—… excuse the perjury in not doing Neâ—…her doth it prove that the King had no power to deny but that â—…e is tender of a flat dâ—…nyall and attributes so much to the judgement of His great Councell that he will take further advice This would be strange Doctrin indeed incredible that all the Kings of England who have given this answer have been forsworn and neither Parliament nor Convocation to take notice of it in so many Ages nor in the nâ—…t succeeding Parliament after so long advise to câ—…l for a further answer Fourthly it is confessed that in Acts of Graâ—… the King is not bound to assent it is well â—…f he have not been restreined of this Right That in all Acts where His Majesty is to depâ—…rt from the particular Right and Interest of His Crown he is not obliged to assent and was not that of the Militia such a case Lastly that though he be bound by oath to consent yet if he doe not consent they are not binding Laws to the Subject Thus farre-well But then comes a handfull of Gourds that poisons the pottage except in cases of necessiâ—… Give to any person oâ—… Socieâ—…y a Legislative power without the King in case of necessity permit them withall to be sole Judges of necessity when it is how long it lasts and it is more then probâ—…ble the necessity will not determine till they have their own desires which is the same in effect as if they had a Legislative Power Necessity excuseth whatsoever it doth but first the necessity must be evident there needs no such great stirre who shall be Judge of necessity when it comes indeed it will shew it selfe when extreme necessity is disputable it is a signe it is not reall Secondly the Agent must be proper otherwise it cuts in â—…under the very sinews of Government to make two Supremes in a Society and to subject the People to contrary commands If the Trumpet give an uncertain sound who shall prepare him selfe to Battell There can be no necessity so pernicious as this very Remedy Fifthly the great variety of Forms and presidents seems to prove that one precise form is not simply necessary and the words adjiciantur quae justa â—…erint and King Henry the eights enterlining it with his own hand do prove that it is arbitrary at least in part To interline it to interline it with his own hand to leave it so interlined upon Record O stange If this clause had been of such consequence we should have heard of some question about it eitâ—…er then or in some succeeding Parliament but we find a deep silence Thomas 〈◊〉 Arch-Bishop of Canterbury in Parliament chargeth Henry the fourth with his Oath which he did voluntarily make But to the forms First the Oath which King Iames and King Charles did take runns thus Sir will you to grant to hold and keep the Lawes and rightfull Customes which the Commonalty of this Kingdom have Here is neither have chosen nor shall choose The Oath of Edward the sixth was this Doe you grant to make no new Laws but such aâ—… shall be to the Honour and glory of God and to the good of the Common-â—…lth and tâ—…at the same shall be made by the consent of your People as hath been accustomed Here is â—…o â—…gerit still yet â—…is Age freed him from the very thught of improving His Prerogative King Henry the eight corrected the form then presented to Hiâ—… thus And affirme them which the Nobles and Peâ—…ple have chosen with my consent Here is have chosen aâ—…d the Kings Consent added to boote Doctor Cowâ—… in his Interpreter recites the Kings Oath out of tâ—… old abridgement of Statuâ—…es set out in Henry tâ—… eights Dayes much different from this as that the King should keep all the Lands Honours c. of the â—…rown whole without diminution and reassume those whâ—…h had been made away And this clause in questin runnes thus He shall grant to hold the Laws and Customs of the Realme and to his Power keep them aâ—…d affirme them which the Folke and People have made â—…nd chosen and this seems to have been the Oath of His Predecessors But perhaps if we looke up higheâ—… we shall find a perfect agreement in thiâ—… point Our next step must be to Henry the fourth and Richard the second a Tragicall Time when the State run contrary waves like a whirligigge fiâ—…ter for the honour of the Nation to be buried in oblivion then drawn into president But this Oath being no Innovation it may serve well enough Yet the Oaths of these two Kings do not agree so exactly as to settle a certain forme as to instance onely in the clause in question Henry the â—…ourths Oath runs thus concedis justas Leges constudines esse tenendas promittis pro te eas esse proâ—…gendas ad honorem Dei corroboraâ—…d quas vulgus â—…gerit which last word signifies indifferently either â—…ave chosen or shall choose Neither doth the Reâ—…ord say that this was the very 〈◊〉 taken by Henry â—…e fourth but that it was the usuall forâ—… taken by â—…e Kings of England and twice by Richard the â—…econd and for proof of what it saith referres us â—…o the Registers of the Arch-Bishops or Bishops proâ—…t in libris pontiâ—…calium Archiepisâ—… et Episc. plenius â—…ontinetur This prout is a clear evidence that this preâ—…se Form had no ground in Statute or in Common â—…aw but was a Pontificall rite The Oath of Riâ—…hard the second related in the close Rolls of the first Year of his Raigne even in this very clause differs â—…n two materiall things one is that to justas Leges Consuetudines there is added Ecclesiae the other is that to elegerit is added juste rationabiliter which the People have chosen or shall choose justly and reasonably which limitation if the Oath look forward to future Laws must of necessity be either expressed or understood otherwise the Oath is unlawfull and doth not bind jusjurandum non debet esse vinculum iniquitatis Here also the word elegerit is doubtfull whether past or future If it be urged that to corroborate must de understood
note to be the first Parliament iâ—… England and that the Kings before that time were never wont to call any of their Commons or People 〈◊〉 Councell or Law making It may be the first held by the Norman Kings or the first held after the Norman manner or the first where the people appeared by Proctors yet we find the name of Parliament before this either so called then indeed or by a Pâ—…olepsis as Lavinia Littora And not to contend abouâ—… the name this is certain that long before in the dayes of the Saxon Kings there was the Assembly of Wise Men or Mickle Synod having an Analogy with our Parliaments but differing from them in many things So doth that Parliament in Henry the first his time differ from ours now Then the Bishops had their votes in the House of Lords now they have none Then Proctors of the Clergy had their Suffrages in the House of Commons now they are excluded Then there were many more Barons then there are now Burgesses every Lord of a Mannour â—…ho had a Court Baron was a Parliament man natus â—…y right Then they came on generall summons afâ—…er upon speciall Writ But both the one and the â—…ther were posteriour to Kings both in the order â—…f nature and of time How should it be otherwise â—…he end of Parliaments is to temper the violence of â—…overaigne Power the Remedy must needs be later then â—…e Disease much more then the right Temper â—…egenerate Monarchy becomes Tyranny and the cure â—…f Tyranny is the mixture of Governments Parliments are proper adjuments to Kings Parliaments â—…ere constituted to supply the defects in that Governâ—…ent saith the Observer himselfe here you may apply your Rule to purpose that the end is more â—…xcellent then the meanes I deny therefore that the â—…ingdome is the essence of Parliaments there is a â—…hreefold Body of the State the essentiall Body â—…he representative Body and the virtuall Body the â—…ssentiall Body is the diffused company of the whole Nobility Gentry Commonalty throughout the Kingâ—…ome the representative Body are the Lords Citâ—…yzens and Burgesses in Parliament assembled and inâ—…rusted the Virtuall Body is His Majesty in whom â—…ests the life of Authority and power legislative exeâ—…utive virtually yet so as in the excercise of some â—…rts of it there are necessary requisites the consent and concurrence of the representative Body From this mistaken ground the Observer draws fundry erroneous conclusions Posito uno absurdo sequuntur â—…mille Hence proceeds his Complaint That severance hath been made betwixt the Parties chosen and the Parties choosing and so that that great privilege of all privileges that unmoveable Basis of all Honour and power whereby the House of Commons claimes the intire right of all the Gentry and Commonalty of England hath been attempted to be shaken A power of representation we grant respective to some ends as to consent to new laws to grant Subsidies to impeach Offenders to find out and present grievances and whatsoever else is warranted by lawfull Customes but an intire right to all intents and purposes against Law and lawfull Custome we deny An intire right what to out Wifes and Children to our Lands and Possessions this is not tollerable Hence also he tells Magistrally enough of an arbitrary Power in the Parliament That there is an arbitrary Power in every State somewhere it is true â—…is necessary and no inconvenience followes upon it every man hath an arbitrary power over him selfe so every State hath an arbitrary power over it selfe and there is no Danger in it for the same reason if the State intrust this to one Man or few there may be danger but the Parliament is neither one nor few it is indeed the State it selfe Now the Maske is off you have spunne a fair threed is this the end of all your goodly pretences if this be your new Learning God deliver all true English men from it Wee chose you to be our Proctors not to be our Lords We challenge the Laws of England as our Birthright and Inheritance and dislike Arbitrary Government much in one but twenty times worse in more There is no Tyranny like many-headed Tyranny when was â—…ver so much Blood shed and Rapine under one Tyrant as under three in the Triumvirate And the more they are still of necessity there will be more â—…ngagements of Love and Hatred and Covetousnesse and Ambition the more packing and conniving one with another the more Danger of Factious and Seditious tumults as if the evills of one Forme of Government were not sufficient except we were overwhelmed with the deluge of them all and he that is most popular who is most commonly the worst will give Laws to the rest Therefore it hath ever been accounted safer to live under one Tyrant then many The Lust Covetousnesse Ambition Cruelty of one may be sooner satisfied then of many and especially when the power is but temporary and not hereditary nor of continuance We see Farmers which have a long terme will husband their grounds well but they that are but Tenents at will plough out the very heart of it No Sir I thanke you we will none of your Arbitrary Government And supposing but no way granting that the Parliament were the essentiall Body of this Kingdome or which is all one were indowed with all the power and Privileges thereof to all intents and purposes yet it had no Arbitrary Power over it selfe in such things as are contrary to the Allegiance which it owes to His Majesty and contrary to its Obligation to the received Laws and Customs of this Land Hence be ascribes to Parliaments a power to call Kings to an account heare himselfe That Princes may not be now beyond all Limits and Lawes by any private Persons the whole community in its underived Majesty shall convene to doe iustice Here we have it expresly that the Parliament is the whole Communâ—…ty that it hath a Majesty that this Majâ—…sty 〈◊〉 underived that it hath power â—…o â—…ry Princâ—…s â—…e 〈◊〉 doe justice upon them Hitâ—…erto we have misunderstood Saint Peter Submit your selfes to every Ordinance of Man for the Lorâ—… sake whether it be to tâ—… King as Supreme It seems the Parliamentâ—… whicâ—… passed the Oaths of Supremacy and Allegiance did noâ—… understand their own right till 〈◊〉 third Cato droppâ—…d from Heaven to inform them And above all oâ—… Non-Conformist Ministers in their solâ—…e Protestation are deepâ—…st in this guilt wâ—…o affirme so confidently that for the King â—…ot to assume 〈◊〉 or for the Church to deny it were 〈◊〉 〈◊〉 Yea though the Statutes of the Kingdome should deâ—… it unto Him What maâ—… his fellow Subjectâ—… expeâ—… from the Oâ—…server who is â—…o sawcy with his Soveraigne But before I leave thiâ—… poiâ—…t I desire to be informed 〈◊〉 this new Doctrin agrees with that undeniable principle of our Law The King can do 〈◊〉 wrong The Observer glosseth it thus That He can doe no wrong de
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
This is rather an exception against the Law it selfe then the King So the Observer and his pewfellowes deal with Laws and Law-makers if they make for them suscipiunt ut Aquilas they admire them as Eagles if they make against them despiciâ—…nt ut graculos they despise them as Dawes the Fundamentall Constitutions of the Kingdome must be streight exploded the Law is become a Formallity Are you in earnest Sir that this is destructive to Parliaments you might have said more truely the productive cause of all Parliaments that ever were in England or of any Assembly that had an Analogy with Parliaments I tooke you only for a Reformer of some abuses newly crept in but it is plain you intend to be another Licurgus to alter the whole frame of Government Truely Sir you beginne very high and jumpe over the backs of a great many Generations at once Doubtlesse you are either very wise or have a great opinion of your owne Wisdome But to the point It is confessed that sometimes some evills doe flow from inconsiderate trust but many more from needlesse Jealousy incommoda non solvunt Regulam Inconveniences doe not abrogate a Law Restraint commonly makes pâ—…ssion more violent When you have done what you can there must be a trust either reposed in one or many and better in one then many Doe but looke home a little without trust a Man knows not his owne Father without trust a man knowes not his own Children Some trust there must be and who fitter to be trusted then he that hath the Supremacy of power unlesse you will make two Supremes You confesse that Parliaments ought to be used as Phisick not as constant Diet. And the Law hath â—…ow set down a faire terme for the continuance of an ordinary Parliament unlesse you would be continually in a course of Phisick The second exception is His Majesty declares that the Parliament hath no universall power to advise in all things but in quibusdam arduis according to the Writ and cites the president of Wentworth a Member of the House of Commons committed by Queen Elizabeth the Parliament sitting for proposing to advise Her in a matter She thought they had nothing to doe with The Observer magnifies Queen Elizabeth for Her Goodnesse and Clemency but withall he addes But we must not be presidented in apparent violation of Law by Queen Elizabeth A grave Historiographer tells us of a close and dangerous kind of Enemies tacitum inimicorum genus such as make a mans praises an introduction to their venemous invectives as if it were not malice but pure love of truth that even forced them to speak so much such an one is a good Man but c. So Queen Elizabeth was a good Queen but in this particular she played the Tyrant To violate Laws to violate them apparently therefore wilfully to have no respect to the House of Commons whereof Wentworth was a Member was no signe of Grace and Clemency Certainly Queen Elizabeth a wise and mercifull Princesse one that so much courted Her People would not have done it but that She thought She had just grounds or if She might erre in her judgement yet She had as wise a Councell as any Prince in Europe and a businesse of this consequence could not be done without their advice who doubtlesse were some of them Members of the same House or if both She and they should be mistaken yet why were the House of Commons themselves silent whilest such a known Privilege was apparently invaded why did they not at least in an humble Petition represent this apparent violation of their Libertyes that it might remaine as a memoriall to plead for them to Posterity that they were not the betrayers of the Rights of Parliaments She that was so gracious as he Observer acknowledgeth and whose goodnesse was so perfect and undissembled could not choose but take it well and thanke them for it Neither will it suffice to say She gained upon them by Courtesy such an apparent violation so prejudiciall to the Highest Court of the Kingdome passed over in deep silence shews as litle Courtesy on the one side as Discretion on the other In brief as I cannot conceive that these words in quibusdam arduis are so restrictive that the House may consult of nothing but what shall be proposed or was intended at the time of the Summons so on the other side I doe not see how either the Commission or Prescription doe give them such an universall Cognizance or Jurisdiction Queen Elizabeth declared Herselfe oftner then once in this point in Her first Parliament when in reason She should be most tender to the Speaker and the Body of the House of Commons out of their Loves humbly moving Her to Marriage She answered that She tooke it well because it was without limitation of Place or Person if it had been otherwise She must needs have misliked it and thought it a great presumption for those to take upon them to bind and limit whose duties were to obey The third exception is the King saith they must meerely counsell and not command a strange charge if you marke it For it is impossible that the same trust should be irrevocably committed to the King and His Heires for ever and yet that very trust and a power above that trust be committed to others The Observer answers first little to the purpose that though there cannot be two Supremes yet the King is universis minor lesse thâ—n the collective Body of His Subjects as we see in all conditionate Princes such as the Prince of Orenge c. His Maxime that the King is singulis Major univerversis Minor except the King himselfe be included in the universi hath been shaken in pieces before The Law is plain The Kings Most Royall Majesty of meer droit very Right is very Head King Lord and Ruler of this Realm And doth he now intend to include the King of England in his c. among condionate Princes Take heed Sir this will prove a worse c. then that in the late Canons Secondly he answers that though the Kings power be irrevocable yet it is not universall the people have reserved something to themselves out of Parliament and something in Parliament It were to be wished that he would distinctly set down the particular reservations a deceitfull Man walkes in Generallityes Still the Observer dreams of Elective Kingdoms where the people have made choise either of a Person or a Family To us it is nothing they that give nothing can reserve nothing Trusted and yet reserved How the Observer joynes Gryphins and Horses together if trusted how reserved if reserved how trusted but how doth the Observer prove either his trust or reservation nay it is a tacite trust in good time so he proves his intention by a Company of dumbe witnesses In conclusion his proofe is that it is a part of the Law of Nature A trimme Law of Nature indeed which
is Diametrally opposite to the Law of God and of Nations The Observer deales in this just as if he had a Kinsman died testate and he should sue for a part of his goods and neither allege the Will nor Codicill not Custome of the Country but the Law of Nature onely for a Legacy Next the Observer raiseth a new Argument out of His Majestyes words A temporary Power ought not to be greater then that which is lasting This is first to make Draggons and then to kill them or as Boyes first make bubbles in a shell and then blow them away without difficulty The Sinewes and Strength of His Majestyes Argument did lye in the words to Him and to His Heires and not in the word above but if he will put the word above to the tryall if he reduce it into right Form it is above his answer To give a power above His Majesty sufficient to censure His Majesty to a Body dissolvable at His Majestyes pleasure is absurd and ridiculous as if the King should delegate Judges to examine and sentence the Observers seditious passages in this Treatise and yet withall give power to the Observer to disjustice them at his pleasure in such a case he need not much fear the Sentence The Observer pleads two things in answer to his own shadow First that then the Romans had done unpolitickly to give greater power to a Temporary Dictator then to the ordinary Consulls Secondly that it was very prosperous to them sometimes to change the Form of Government neither alwayes living under circumscribed Consulls nor under uncircumsâ—…ibed Dictators We see what his Teeth water at he would have His Majesty a circumscribed Consull and gain an Arbitrary Dictatorian Power to himselfe and some other of his Friends But in the meane time he forgets himselfe very farre in his History for first the power of the Dictator and of the Consulls was â—…ot consistent together but the power of the King and the Parliament is consistent Secondly the change of Government was so farre from being prosperous â—…o the Romans that every change brought that State even to Deaths doore To instance onely in the exâ—…ulsion of their Kings as most to the purpose How â—…ear was that Citty to utter Ruine which owes its subsistence to the valour of a single Man Horatius Coâ—…les if he had not after an incredible manner held a whole Army play upon a Bridge they had payed for their new fanglednesse with the sacking of their Citty Thirdly the choosing of a Dictator was not a change of their Government but a branch of it a piece reserved for extremest perills their last Anchor and Refuge either against Forre in Enemyes or the Domestick Seditions of the Patricii and Plebei and is so farr from yeelding an Argument against Kings that in the judgement of that Politick Nation it shewes the advantage of Monarchy above all other Formes of Government The Observer still continues His Majestyes Objection To make the Parliament more then Counsellers is to make them His Commanders and Controllers To which he answers To consent is more then to counsell and yet not alwayes so much as to command for in inferiour Courts the Iudges are so Counsellours for the King that he may not countermand their judgement yet it were a harsh thing to say that therefore they are His Controllers much more in Parliament where the Lords and Commons represent the whole Kingdome If there were no other Arguments to prove the Superiority of Parliament above the other Courts then this that it represents the Kingdome as they doe the King it would get little advantage by it To consent is more then to counsell and yet not alwayes so much as to command True not alwayes but to couâ—…sell so â—…s the pâ—…ty counselled hath no Liberty left of dissenting is alwayes either as much as to command or more a man may command and goe without but here is onely advise and yet they must not goe without What a stirre is here about consent If he understâ—…nd consenâ—… in no other notion then Laws and lawfull Customes doe allow it is readily yeelded but makes nothing to his purpose One said of Aristotle that he writ waking but Plato dreaming The one had his eyes open and considered Men as they were indeed the other as he would have them to be but if ever Man writt dreaming it was this Observer his notes may serve rather for the Meridian of new England then old England and of Eutopia rather then them both He calls the Judges the Kings Counsellers as if they were not also his Delegates Deputies and Comissioners what they doe is in His name and His Act yet if they swerve from justice he may grant a review and call them to account for any misdemeanour by them committed in the excercise of their places and this either in Parliament or out of Parliament But the inference hence That because the Parliament may take an account of what is done by His Majesty in His inferiour Courts therefore much more of what is done by him without the Authority of any Court seemes very weake It is one thing to take an account of Himselfe another to take an account of His Commissioners His Majesty hath communicated a part of his judiciary power to his Judges but â—…ot the Flowers of his Crown nor his intire preroâ—…ative whereof this is a principall 〈◊〉 to be free from all account in point of â—…ustice except to Goâ—… and His own Conscience The last exception is That the King makes the Parliament without his consent A livelesse convention without all virtue and power saying that the very name of Parliament is not duâ—… unto them Which Allegation saith the Observer at one blow confounds all Parliaments and subjects us to as unbounden a Regiment of the Kings meere Will as any Nation under Heaven ever suffered under For by the same Reason that the Kings dissertion of them makes Parliaments virtuelesse and void Courts He may make other Courts voide likewise Here is a great cry for a little Wooll if he proves not what he aimes at yet one thing he proves sufficiently that himselfe is one of the greatest Calumniators in the World in such grosse manner â—…o slander the Footsteps of Gods Anointed Agnosâ—…as primogenitum Sathanae Where did ever the King say that Parliaments without his presence are virtuelesse and void Courts but he denieth them the name of Parliaments which is all one yes if a Goose and a Feather be all one The name Parliament with us signifies most properly the Parâ—…y of the King and his People in a secondary sense it signifies a Parly of the Subjects among themselves neither of these virtuelesse but the one more vigorous then the other So the Body is sometimes contradistinguished to the Soule and includes both Head and Members sometimes it is contradistinguished to the Head and includes the Members onely It is one thing to be 〈◊〉 True Parliament and another to be
hands and if it were the same yet the State hath an interest Paramount in cases of publicke extremity The State hath an interest Paramount what State have we any State in England without the King the Observer is still in his old dreames Well what is the interest of this imaginary State an imaginary interest An interest Paramount in cases of extremity What a mixture of pleas is here extremity is the plea of private Persons In case of extremity where a Man can not have recourse to the Magistrate every Man becomes a Magistate to himselfe an Interest Paramount is the right of Superiour Lords But first here was no such extremity if there had still his plea is starke naught necessity doth arme a private Man against a Thiefe but not authorize a private Man to disarme a lawfull Magistrate His other plea of an interest Paramount is well worse If the People to comply with his own sense have an interest Paramount in whatsoever the King holds either jure Coronae or jure Personae then they are the Soveraigne and he but a Subject But it was reserved for him in better hands Reserved for the King how doe you meane as Tophet is said to be prepared for the King that is to shoot at the King at Edgehill or elswhere otherwise I do not see how it was reserved for the King This plea or the like might serve a highway Robber or any Oppressor to say it is taken into more needfull hands or into their hands that knew better how to use it or that it was but borrowed and should be repayed at the Greek Calends None so fit to judge in what hands a thing should be kept as the true owner of it But the Kings right is not the same in Hull that it is in other moveables True he hath not the same right of property or possession to sell it or give it but he hath a right of Dominion and Soveraignty protection which is altogether inconsistent with his exclusion or shutting out of Hull If he be held out of it by force he is a King de jure but not de facto even as he is King of France or at least of Normandy Aquitaine c. or as the King of the Romans is King of Rome The King hath another interest in Hull beside that of Dominion other Townes are indebted to the King for their Protection but this Town for its very Foundation The Crown purchased it when it was capable of nothing but heards of Cattell and flocks of sheepe The Crown builded it the Crown indowed it with Privileges Possessions made it a distinct County and able to support such a Dignity the Crown fortified it and made it so strong as it is and was all this done with an intent to be thrust out of it O that Edward the third who builded it or Henry the eight who fortified it with Blockhouses were but in it for a day or two with a Regiment of their old Cavaleers to try who should be King of Hull and Humber The proper name of it is not Hull but Kingston upon Hull The Observer doth well to decline the right name for according to his notions it may be called Kingston per Antiphrasin because it is none of the Kings Town If the circumstances will not justify the action the Observer flyes to the Common Sanctuary of Transgressours a good intention so he goes on The next thing considerable is the Parliaments intention If the Parliament have hereupon turned any of the Townes Men out of their estates or claimed any interest in it themselves or have 〈◊〉 the King utterly denying his right for the future or have made any other use of their possession but meerly to prevent Civill War and to disfurnish the Kings Souldiers of Arms and Ammunition Let the State be branded with Treason but if none of these things be by any credit though their Enemies should be Iudges the essentiall property of Treason must needs here be absent in this Act. There needs no Enemies to be made Judges if it were before a Court of Areopagites this plea would be laughed at or hissed out of Court How shall we judge of Mens intentions best by their words or by their actions Who ever Proclaimed in the Streets that he had rotten Wares to sell Who ever confessed that his meaning was naught Mens intentions may be pleaded at the Barre of Conscience before God for mitigation not at the Barre of Justice before Man for Justification Neiâ—…s it likely that Sir Iohn and his Partners had all the same Intentions their Actions speak their Intentions sufficiently And admitting their Intentions were good yet that cannot justifie an unlawfull Action They shall put you out of the Synagogues yea whosoever killeth you will think he doth God service Those Persecuters had good Intentions but their Actions were starke naught You saâ—… they claimed no Interest yet your selfe claime an Interest Paramount for them You say they disseised not the King because they denyed not His Right for the future as if there might noâ—… be a disseisure without such a deniall You say they made no other use of the possession The Inhabitants say they mâ—…de oâ—…her use of their Houses and dwelt in them They made other use of their Victuals and payd not for them The Merchants say they made other uses of their Wines Spices and Wares and sold them and tooke Money for them The Countrymen say they made other use of themselves and their Servants and their Goods and disposed them as freely as if they had been their own The whole Country complains That Hull hath been used as a Nest and Refuge for seditious Persons A Seminary of Warre to the great dammage of the Subject thereabouts besides all the blood that hath been spilt upon that occasion Whom shall a Man trust the Townesmen or the Observer But you say They turned none of the Townesmen out of their Estates Perhaps not so soon as you Writ Either there are Lyars or some Mens eyes were more upon Yorkminster and Cawood-Castle then upon Hull or any Houses in Hull But since that Faction hath turned out whomsoever they either disliked or suspected and have seised Mens Estates at their pleasure and sent out their Emissary Legions roming and Plundring about the Country as if Sathan were sent out from the face of the Lord to scourge the World Trojan or Tyrian Papist or Protestant all was fish that came to their Netts And if there can be no forgivenesse of sinne without restitution some of them have a great account to make either in this World or in the World to come He tells us this was the onely means to prevent Civill Warre and to disfurnish the Kings seducers of Arms and Ammunition But the truth is this hath been the onely Source and Fountain from whence all our Civill Warres have sprung Whether the King or Kingdome have been seduced and by whom the God of Heaven will
hands of such Persons as they may confide in of the Romane Communion they had the same grounds and pretences that our Men have The Observer answers That this is improperly urged for England and Ireland are the same Dominion That there is as true and intimate an Union betwixt them as between England and Wales And though they doe not meet in one Parliament yet their Parliaments to some purposes are not to be held severall And therefore if the Papists in Ireland were Stronger and had more Votes yet they would want Authority to overrule any thing voted and established here in England The reason why the minor Part in all Suffrages subscribes to the Major is that blood may not be shed 〈◊〉 in probability the Major part will prevaile 〈◊〉 Strife and Bloodshed would be endlesse wherefore the Major part in Ireland ought to sit down and acquiesce because Ireland is not a severall Monarchy from England Nor is that a Major part of Ireland and England too for if it were it would give Law to us as we now give Law there and their Statutes would be of as much virtue here as ours are there c. Such Doctrin as this hath helped to bring poore Ireland to that miserable condition wherein now it is Will you heare with Patience what the Irish themselves say of this If any Ordinance may be imposed upon us without an approbative or so much as a receptive power in our selves where is our Liberty then Our Government is meerely Arbitrary our condition is slavish We had Magna Charta granted to us as well as England and since that time all other Liberties and Privileges of the English Subject Shall that which is ours be taken from us without our own Act or our owne Fault and we never heard either in our Persons or by our Proctors We desire the Observer to remember what he said before That which concerns all ought to be approved by all We have no Burgesses nor representatives there and that it is unnaturall for any Nation to contribute its own inherent puissance meerely to support Slavery Let the Definition be according to the Major Part of the Votes but shall the Minor Part be denyed a Liberty to discusse or vote at all As we deny not but the Kingdome of Ireland is united and incorporated to the Crown of England So we understand not by what right any power derived from the English Subject can extend it selfe over us That power which they have over us is relative as they are the Kings Councell wherein he confides or by virtue of his Delegation to his Judges representing his own Person Thus they For further Answer First this is a meere trifling and declining of the Force of His Majestyes Argument which lyes not in this whether Ireland be 〈◊〉 distinct Kingdome but supposing it to be a distinct Kingdome as without doubt it either is or might be whether that in such a case as is propounded by His Majesty it were lawfull for them to assume such a Power contrary to the Law of God and of Nations or if Ireland were as much bigger then England as France is it is no strange thing for a greater Kingdome to be conquered by a lesser whether in such a case they might give Law to us or their Statutes be of as great virtue here as ours are there meerely because it is so voted by the Major part of the representative Body An absurd incredible Assertion Secondly there is not the like reason of Ireland and Wales Wales is incircled with the same Sea a part of the same Island and originally in the Dayes of the Brittaines a branch of the same Kingdome Wales was incorporated to the Realme of England by Act of Parliament 27. Henrici 8. cap. 26 so was not Ireland Wales have their Peers and Burgesses sitting in the English Parliament so hath not Ireland Wales hath no distinct Parliaments of its own but Ireland hath Thirdly as the Irish readily grant that their Common Law is the same with ours so they will not easily believe that the English Statutes are all of force in Ireland What all even to an Act of Subsidies who ever heard that It is true there hath been a question moved among some Lawyers and those perhaps who were not the most concerned or versed in it of the English Statutes what Statutes and in what cases and how farre they are binding to the Irish Subject but I have not heard their opinion was so high as the Observers or that ever the Bell was rung out yet If all English Statutes be of force in Ireland what need was there for Henry the seventh to make an expresse Statute in Ireland to authorize and introduce all the English Statutes before his time to be of force in that Kingdome this Act had been supervacaneous and superfluous And since that time we see many Statutes of force in England that are of no force at all in Ireland and many both before and since that time of force in Ireland that have no power in England Lastly this Observer might be well one of Father Garnets Disciples when he was asked about the Powder-Treason whether it was lawfull to take away some Innocents with many Nocents he answered yes so it was compensated by a greater benefit or profit which may perhaps be true sometimes as in time of Warre accidentally in publique and necessary but not in private and voluntary Agents So the Observer makes profit and strength to be the onely rule and measure of all actions of State Justice and Piety are banished by an Ostracisme out of his Eutopia This is to inslave Reason and Crown bodily strength to silence Law and Justice and to Deifie Force and Power The Observer is every where girding at the Clergy it is well that his new superstition reversed will allow them that name Have they not great cause to thank him as the poor Persians did their King when they were condemned That he was pleased to remember them Sometimes he scoffes at the Tribe There were seditious Schismaticks of all Tribes Sometimes he derides their Pulpetting it may be he likes a Chaire better because they teach a Divine Prerogative which none understand but these ghostly Counsellers who alwaies expresse sufficient enmity and antipathy 〈◊〉 Publique Acts and Pacts of Men. He that accuseth another should first examine himselfe I doe not beleeve that ever there was any Divine in the World that made Kings such unlimited Creatures as this Observer doth the People I have read some discourses of this subject but I did never see any one so pernitious to a setled society of men or so destructive to all humane compacts as this seditious bundle of Observations which makes the Law of Salus Populi to be a dispensation from Heaven for the breach of all Oathes of Allegiance and all other Obligations whatsoever which measures Justice by the major part and makes strength and power the rule of what is lawfull which