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A78520 XII. resolves concerning the disposall of the person of the King in a sharpe reproofe to a rejoynder to three pamphlets, published in defence of Mr. Chaloners speech (called, A speech without doores, and said to be defended without reason) under pretence of the vindication of the Parliaments honour. With a declaration of the Generall Assembly of Scotland, concerning the danger of capitulation with those who have raised warr against the Parliament, and against receiving protections from, and complying with the Cavaliers. Chaloner, Thomas, 1595-1661.; Scotland. Parliament. 1646 (1646) Wing C1806; Thomason E365_22; ESTC R201255 6,786 8

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XII RESOLVES CONCERNING the disposall of the Person of the KING IN A sharpe Reproofe to a Rejoynder to three Pamphlets published in defence of Mr. CHALONERS Speech Called A Speech without doores and said to be defended without Reason under pretence of the Vindication of the Parliaments Honour WITH A Declaration of the Generall Assembly of Scotland concerning the danger of Capitulation with those who have raised warr against the Parliament and against receiving protections from and Complying with the Cavaliers PROV. 15. 26. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} 2 TIM. 4. 14. Alexander the Coppersmith hath done me much evill The Lord reward him according to his workes {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Polyb hist. lib. 1. LONDON Printed by Iane Coe 1646. XII Resolves concerning the disposall of the Person of the King AS it may be said to the Parliament of England as King Iehosaphat said to his Senatours take heed what ye do for ye Iudge not for man but for the Lord 2 Cro. 19. 6. So for any ambitious spirit by evill Language to traduce or by Lihills {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} to asperse any Member thereof he that doth so gives a very insufficient accompt of any faithfulnesse to that Parliament whereof the other is a Member especially in any thing said or done before the whole House and by them approved And what ever is professed in times of tryall such will prove like Nyssers Apes {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Greg. Nyss de professi Christian for a little honour or profit to himselfe Now for this Rejoynder who professeth himselfe to be the same who writ the Animadversions on Mr. Chaloners Speech though he would have it granted that he gave a good accompt of himselfe b●fore yet by examination it appeared to be quite contrary and this second being audi●ed is yet worse as I shall make it appeare to those who will view the sume and substance thereof In which I am resolved on much brevity 1. He saith that the Scripture prefixed in the title of his Animadversions For the transgression of a Land many are the Princes thereof Pro. 28. 2. Was intended against Change of Government driven at in the Speech by the King a●d both Houses of Parliament 1. Answer this is a most false aspertion Mr. Chaloners words were these First settle the honour safety and freedome of the Common wealth and then the honour safety and freedome of the King so farre as the latter may stand with the former and not otherwise which is according to the law of the 12. Tables Salus populi suprema l●x The learned Scotchman himselfe delivered his opinion 2. yeares since That there is no imaginable Comparison betwix one man with all his accidents of Prerogative and absolutenesse and three nationall Churches and Kingdomes B●tter a King weepe for a Childish trifle of a prerogative than Popery be erected and three Kingdomes be destroyed LEX REX Quest 25. 2. The Rejoynder saith that it is dangerous to have many voyd places in Parliament and so a frequent succession of many new Members or to have the chiefe Officers civill and millitary put in many new hands if the persons intrusted be not extraordinary well qualified 2. Answer This is pleaded directly in the behalfe of those Delinquents that have deserted their trust for none else are outed the Parliament except those that dyed and in their places new ones are chosen And for Officers the Parliament choose none neither civill or millitary but such as they conceive are well qualified Are such aspersions as these for vindication of the Parliaments Honour 3. He saith that there is nothing in the Covenant that obligeth him to mentaine the Law of the Land as well as the person of the King 3. Answer I conceive that the Rejoynder hath not taken the Covenant but let those that have taken the Covenant reade it see what they have sworne The King cannot but be subject to the Coactive power of fundamentall Lawes This is a fundamentall Law that the free estates lay upon the King that all the power that they give to the King as King is for the good and safety of the people and so what he doth to the hurt of his subjects he doth it not as King Qui habet potestatem constituendi etiam jus adimendi l. nemo 37. l. 21. de reg jure Is this paper then of his to maintaine the Lawes of the Land 4. Some things the Rejoynder refusing to dispute I shall wave and come to the next thing he layes hold on where I finde him traducing the Parliament as if any man may as well tell any notorious lie if he do it to assert the votes of Parliament As Mr. Chaloner or any other Member may deliver their opinions upon the Votes in the House And is this for the Honour of the Parliament 5. He saith that the Speech without doores as he calles Mr. Chaloners houlds forth that the Kingdoms are contending who shall not have the Kings Person And that this inferreth by consequence that the Parliament either did not wisely or not uprightly i● voting that the Person of the King is to be disposed of as both Hou●es shall think fit 5. Answer When the Parliament heard that the King was come to the Scots Army in England they voted their disposall of him to prevent that harme which might befall His Maj. in the Army But afterwards this personall being of the King with the Scots begets a nationall dispute of his disposall betweene the Kingdomes The Scots claiming a right of Coacting with the Parliament therein yet declaring their opinions that his going into Scotland is not the safest Mr. Chaloner in his Speech puts the House in minde of so much of their resolution as conceiving it usefull to take notice of that seeing they approve best of his being in England who shall take care for the good of the Kingdome and the safety of his person therein but the Parliament of England in whom the power is of treating and concluding for the good and safty of the Kingdome though the King be with their Army in England and propound otherwise when Maccolumbut the 92. King of Scotland would have admitted a treaty to the hurt of that Kingdome the Estates of Scotland said non jus esse Regi nisi omnibus ordinibus consentientibus And Robert the 100. in a Parliament held at Scoone was told by the Estates of Scotland when he would have made a treaty that he could not judices facere nisi ex sententia conventus publici 6. The Rejoynder Recanteth for reporting somwhat spoken by Mr. Chaloner in the House but not printed confessing it was onely a simple narration And was not this bravely done of him to asperse the Parliament and traduce their proceedings 7. He will not be convinced how it can be that a King of one Kingdome can be a subject in another except he cease being a
King 7. Answer The King of Denmarke being in league with England comes into England His Office Scepter Sword and all his whole power remaines still in Denmarke though his Person be here he is King of Denmarke but a Subject of England but this poynt hath been sufficiently cleared already to those that are reasonable men And for the power of the King in Abstracte and the man in Concreto Lex Rex is large upon it in his 29. Question 8. The next thing the Rejoynder falles upon is about Commissioners of Parliament sent to another State who he saith are exempt from the Lawes and Iurisdiction of that State where they are Commissioners and all his reason is that he will acknowledge them neither Princes nor private men 8. Answer All the world may see that this is meere Sophistrie and that he useth these querkes and insinuations to traduce the people Have Commissioners no rule to be ordered by in another State then they are Princes absolute have they a Rule then they are not exempt from that Rule Is not this a wise Statesman to write in vindication of the Parliament 9. He still denyes that Prince Charles is at the sole dispose of the State of France and affirmeth that it is like Treason to say that the Parliament cannot by their lawfull Authority recall him 9. Answer The Rejoynder might tell us how and by what Law the Parliament can controule the State of France in demanding the Prince The Parliament is very sensible of the ill consequence of his being there and would fain have him in England again And shall this Gentleman accuse the Parliament that they have a power to recall him and do not and yet pretend to write in the vindication of the honour of the Parliament I appeale to all Lawyers and Statesmen to judge if this be not false and scandalous As for the instances of that King in England as also of Embassadors because he waves it as being somthing convinced I shall not reply to those things For that of Livius concerning the Embassadors of King Tarquinus and so of actions of States de facto no wise man will stumble at it that hath his eyes fixed on what is de jure for so the case is argued 10. From Mr. Chalenors words of the Lawyers in England concerning King John if they should have yeelded to the French they knew well enough what would become of the King of England The Rejoynder argues that in like manner if the Parliament of England should justly dispose of our King they should in so doing dispose of the King of Scotland Ans. Had King John been personally in Normandy the King of France would not probably have sent into England about it But hee was freed from that power by his personall being in England The person of the king of England is in England Is this for the honour of the Parliament to give them no more relation to their Kings person in England then a King of France hath 11. He moves for some overtures as the King to come to London the Scots to goe home and the Parliaments Army to bee disbanded or sent into Ireland 11. Answer The Parliament out of their great desire to have the king to come and remain with them sent to his Majesty propositions from both Kingdomes and agreed for their pay and marching home But for the disbanding of the Parliaments Army that must be left to the wisdome of the Parliament For so the Law say wise men and the Law Argu. l. Aliud 160. Sect. 1. De Jur. Reg. l22 Mortuo de fidei l. 11. 14. Ad mum l. 3. 1. 4. Sigonius de Rep. Judaeorum l. 6. c. 7. Cornelius Bertramo c. 12. Junius Brutus Vindic. contra Tyran Sect. 2. Author libelli de Iure Magistrat in Subd q. 6. Althus Politic. c. 18. Calvin Instit. l. 4. c. 20. Paraeus Comment in Rom. Peter Martyr in lib. Iudic c. 3. Ioan. Marianus de Reg. l. 1. c. 7. Hottoman de Iure Antiq. Regni Gallici l. c. 12. Buchanan de Iure Regni apud Scotos Rex Lex quaest. 21. 12. And for that Argument which he would have disputed Whether the Scots are bound to maintain the Kings person if the Parlement should wrong his person I conceive it needlesse to argue it there being no feare of any such danger 12. Answer But do such Positions tend to the vindication of the Parliment If this Rejoynder be not an Incendiary I know none Yet give me leave in this to vindicate our brethren who have declared as followeth Declared by the Generall Assembly of Scotland Capitulations and Protections howsoever accoun●ed of by those who walk after the wisdom of the flesh are destructive to our Covenant almost in all the Heads and Articles thereof They tend unto the corrupting of Religion in this Land and obstructing the Worke of Reformation in England unto the countenancing and strengthening of the Popish and Prelaticall party unto the subversion of the due Rights and Priviledges of the parliaments and diminishing of his Majesties just greatnesse and authority unto the withdrawing of Incendiaries and Malignants from condigne punishment unto the overthrow of the Union betwixt the Kingdomes unto the deserting of our Brethren folloing of divisive motions and denying to hazard or susser the losse either of lives or estates in the defence of the Cause and them that adhere there unto We see not any strength of reason in that seeming necessity unto which many pretend themselves to have been redacted If men could not have retired from the fury and violence of the Enemy or had not some probable way of resistance and defence against the same they should have taken it as an evidence of the will of God calling them to suffer and give a testimony unto his Truth Our Covenant doth no lesse oblige us to suffering then to doing and it is the ignorance or ineff●ctual consideration of our duty that makes us thus to wipe our mouths as if we had done nothing worthy of rebuke N●ither yet doth it excuse that some were not active to obtain Pro●ections the receving of them was to prostitute the chastity of that affection which we owe unto the Cause of God and could be no better then a bribe that blinds the eyes of the wife and hinders from doing judgment unto the afflicted The deep apprehension of their souls danger moves us seriously and in the bowels of Jesus Christ to intreat all Temporizers and Back-sliders to remember whence they are fallen and to repent Let it not be a light thing unto such that they have despised the Oath of God undervalued the pretious Truth of the Gospel and drawn upon themselves the guilt of their Brethrens blood by forsaking them in their just defence If the due sense of their sin shall bring them to lament after the Lord they may hope to finde him gracious and mercifull to forgive their iniquity and heal their back-slidings But if they shall