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A56168 An appendix to the late answer printed by His Majesties command, or, Some seasonable animadversions upon the late observator and his seaven anti-monarchicall assertions with a vindication of the King and some observations upon the two houses. Parker, Henry, 1604-1652. 1642 (1642) Wing P397; ESTC R30081 17,360 23

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Father and though he be not without all confidence by flight c. I wish whilest you have such recourse to nature you would not forget Christianity which teaches subjection and obedience and gives no liberty either to private men or the major part of the Communalty of resistance but saith They that resist shall receive to themselves damnation And if the Observatur be a Gentleman he should tender how he hath recourse to nature in point of right lest he give occasion to some Wat. Tyler's Chaplaine to preach againe upon that Text When Adam dolve and Eve span Who was then a Gentleman He may finde a goodly Sermon upon that Text set downe by John Stow in Richard the second and such Doctrine delivered upon it the use of which would shake his title to his inheritance and the name of Gentleman POSITION IV. THat no Member of the Parliament ought to be troubled for Treason c. without leave OBSERVATOUR This is intended of suspitions onely and when leave may seasonably be had and when competent accusers appeare not in the impeachment ANIMADVERSION IV. HIs Majestie hath said so much of this and so little of it hath beene answered or indeed is answerable that I shall not need to say much Onely I observe the modesty of this Observatour that hee doth not absolutely say they are not to be troubled for those crimes but not upon suspition onely c. I know not what hee may call suspitions but I beleeve the best evidences may easily be held for bare suspitions if they may not have liberty to speake out and that they cannot have unlesse the accused be first in safe custody and brought to tryall where they may legally be produced And I beleeve few wise men will thinke it reasonable that the grounds of suspition of Treason should necessarily be opened before tryall POSITION V THat the Soveraigne power resides in both Houses of Parliament The King having no negative voyce OBSERVATOUR This power is not claimed as ordinary nor to any purpose but to save the Kingdome from ruine and in case where the King is so seduced as that he prefers dangerous men and persecutes his loyall Subjects ANIMADVERSION V. HIs Majestie infers upon this Position That himselfe must be subject to their Commands This sounds but harshly in the eares of loyall Subjects That any posture wherein they can be put can raise Subjects to a capacity of Soveraignty and reduce their Soveraigne to become their Subject But hee comforts us here and tels us this power is not claimed as ordinary nor to any purpose c. This is but poore comfort it is not but it may be in good time if they please Hee doth not say they shall not hereafter and cannot claime it as ordinary and to other purposes then that he names So that there may be other causes that may make them claime this power as well as this But indeed they need no other if it be in their power to declare that to be the case of the King and Kingdome when they please But they will never doe it but where there is a just cause for it and the truth leads them to it Truly I believe honourably of the Justice and Wisedome of Parliaments but I doe beleeve that they are not either infallible or that they cannot possibly do amisse And the Observator must bring better arguments and I fear he cannot bring so good to make me beleeve otherwise then ever yet were brought for the infallibility of a generall Councell But I have said enough for the present of the residence of soveraigne power in the Parliament and the ground of their claime to it by the vertue of representation in my third Animadversion I shall here onely give the Reader a briefe glosse upon the language here used by the Observatour to save the Kingdome from ruine that is from Monarchy or being governed by the King The King is seduced that is he is perswaded by his owne understanding and other evill Counsellours not to part with his Soveraignty nor to become a Subject to his Subjects He preferres dangerous men that is such as would have him still to be their King persecutes his loyall Subjects that is such as would rule him and the people at their pleasure POSITION VI THat the Levying of Forces against the personall commands of the King though accompanied with his presence is not levying of warre against the King but warre against his authority not Person is warre against the King OBSERVATOUR If this were not so the Parliament seeing a seduced King ruining himselfe and the Kingdome could not save both but stand and looke on ANIMADVERSION VI I Thought this Position so strangely Paradoxall and so apparently contrary to reason and common sense that no man would have appeared in the defence of it Yet this Observator never blushes nor blinkes at it but affirmes it stoutly But for all that I shall beleeve very slowly That the Kings Person can at any time be without the King or without his Authority Or that they may destroy the Kings Person to preserve the King My faith is not strong enough to beleeve these sublime points and mysteries of State I shall subscribe thus farre That warre against the Kings Authority though in the absence of his Person is warre against the King But that the King and his Person should be ' intwo places will never I feare downe with mee But however I le see his reason What 's that Why else the Parliament seeing a seduced King ruining himselfe and his Kingdome could not save both but must stand and looke on Surely this reason is full of weight and ready to burst it is so big with probability I suppose the Reader understands his language here by my former glosse But if we should take the words as they sound the reason would seeme as strange as that which it is brought to confirme The King ruining himselfe and his Kingdome a mad King or an Ideot hee meanes and then 't were fit the Parliament appointed him a guardian Ruining himselfe and his Kingdome Is it possible that the King should ruine himselfe and his Kingdome What The King alone Is he alone able to doe it without the people It is hardly credible If he have the people on his side and a prevailing major party I thinke the Observatour standing to his own Principles will not deny that he hath Soveraigne power with him and that it is unnaturall to thinke the Community should destroy it selfe But the Community he will say is to be lookt at in Parliament Well But good Sir may not the people withdraw the power of representation which they granted to the Parliament was their grant so absolute and so irrevocable that they dispossesse themselves wholly of taking or exercising that power in their owne proper persons Remember your principles about the conveying of Soveraigne power into the hands of Kings and if you can shew no better Cards for their power of representation than the peoples revocable consent and I would faine know why it should be more revocable from Kings than men you will find their tenure in it very tickle POSITION VII THat according to some Parliaments they may depose Kings OBSERVATOUR 'T is denied that any King was deposed by a free Parliament fairely elected ANIMADVERSION VII I Like this note better then all the rest and am wholly of his mind That never any free Parliament fairely elected deposed any King and I hope whatsoever his principles seeme to insinuate they doe not beleeve they have power to do it pray that they may never attempt at least not be able to depose the King or destroy Monarchy FINIS Seth and his generation began first to call upon the name of the Lord that is to say to give to God some set forme of worship as Priests did c. Pag. 2. Pag. 3. Pag. 16 Rom. 13
seemes though but faintly to justifie the Position by approving I know not whose answer that this Power can rest no where m●re safely then in Parliament He meanes the Parliament without the King if he had allowed the King his place in Parliament I know no understanding man but will easily subscribe That the King in Parliament or the Parliament with him have an absolute undisputable power both to make and declare Law and to end all suits of what kind soever determinable by humane Law within the Kingdome And here is the most safe resting of this power and here it hath ever rested not in the King alone who claimes not that Power but is willing to governe His Subjects according to the known Lawes and much lesse in any inferiour Court But that such an absolute undisputable Power of declaring Law as hath lately beene assumed by the Major part of the present sitting Parliament should be resting in them is neither necessary for the ending of suites nor can be safe either for King or Subject If they may declare that for a Law a fundamentall Law which never yet was exacted or had any being and deny the plaine undoubted Lawes that have beene Enacted or frustrate them by some unheard of interpretation as if such interpretation had been some mentall or rather Parliamentall reservation laid up within the Parliament wals to be produced upon emergent occasions by their Successours they will have so full an Arbitrary power that the right and safety of King and People must wholly depend upon their Votes Which power can never be safe either for King or People nor can they produce one president that may warrant such a Power But they are not bound or limited by such presidents That 's the second Position POSITION II. THat Parliaments are bound to no Presidents OBSERVATOUR Statutes are not binding to them why then should Parliaments Yet there is no obligation stronger then the honour justice of a Parliament ANIMADVERSION II. IF Statutes be not binding to them there is no reason that presidents should be And he saith true Statutes are not binding to them that is de facto they are not for they in some things goe directly against them but de jure they are that 〈◊〉 they ought to be binding to them till they be repealed by the same power they were made that is by Bill orderly passed both Houses and ratified by His Majesties Royall assent And unlesse they can shew better reason then their bare Assertion Presidents as they are the best warrant so they are and ought to be the limits and bounds of their proceedings He might have said as truly That Oathes are not binding to them and therefore neither Statutes nor presidents But the Observator tells us Pag. 44. That the Oathes of Supremacie and Allegiance are not endangered by making the Kingdome not the King the proper subject of power And he yeelds reason for it For saith he hee that ascribes more to the whole Vniversality then to the King yet ascribes to the King a true Supremacie of Power and Honour above all particulars I wonder what he meanes by a true Supremacie of Power and Honour above all particulars Surely he meanes nothing but priority of place and height of Title for hee is allowed little power over some particulars namely over the Members of either House and whom else they please to exempt as they did Serjeant Major Skippon for his Power and Commands But this distinction helpes them The Members of either House are sharers in that Supremacie which is in the Universality and above his and by the power of that Supremacie they can exempt whom they please from the power of this Inferiour pardon the phrase and the absurdities cannot be exprest without a Solecisme Supremacie Very good but in good sober sadnesse doth the Observator thinke this distinction was thought on by the Framers and enjoyners of that Oath or that the Members of the House at their entring the House did take their Oath to the King as to the Supreme over all with exception of themselves or reservation of an higher Supremacy to themselves when they should be entred It is hardly credible Nor do all that desire to tender all due honour to the Parliament beleeve that they are so the Universality or the Kingdome as the Observator presumes They are trusted by the Universality and Kingdome and we pray that they may discharge that trust not knowing but that a multitude of men subject every one of them to errour may faile in their judgement and being not exempted from the common condition of the sinfull Sons of Adam may possibly not rightly discharge the trust committed to them as well as the King who is blasted with foule failings and errours in judgement Me thinks men that so much detest Popery should not borrow the grounds of their reasoning from them and I shall as soone beleeve the Councell of Trent telling us that they are the Universall Church and therefore cannot possibly erre as that the Parliament is the Universall unerring and unpervertibly just body of the Kingdome And surely the Spirit of declaring must needs reside in a strangely large measure in them who have power thus to declare not onely Law but Oathes too a greater then which the Popes flatterers never gave him and hardly ever any Pope assumed so great Quo te constringam mutantem Protea nodo How shall these men be bound to do right who so easily untie the knots of these sacred bookes of Law and Oathes why yes There is a bond that will do it The obligation of the Justice and honour of a Parliament But can any man be sure that they whom neither Law Custome Presidents of their Ancestors nor Oathes can bind will be alwayes held in by the obligation of Justice and Honour Is it not possible that they may in time finde a power in themselves of declaring that obligation void as well as they have done the other The same obligation of Justice and Honour is as strong upon Kings and hath ever beene held more powerfull and obstrictive in them then in any State mannaged by a Community and yet they dare not trust His Majesty though so obliged The Observatour then must pardon me if I desire they may rather be held in and hold themselves so to be by the old obligations of Law Presidents and Oathes rather then that the Kings liege people should be put wholly to confide to that single obligation of the Justice and Honour of a Parliament POSITION III. THat they are Parliaments and may judge of publike necessity without the King and dispose of any thing OBSERVATOUR They may not desert the King but being deserted by the King when the Kingdome is in distresse they may judge of that distresse and relieve it and are to be accompted by vertue of representation as the whole body of the State ANIMADVERSION III. HIs Majestie sets downe this Position in more words