bear the same name with the whole so he may give the Authority of Parliament to a particular Committee or perhaps to a particular Member He saith it is virtually the Kingdome Not so it is virtually the Commons of the Kingdom not to all intents neither but to some purposes He addes that it is the great Councell of the Kingdom to which it belongs to provide that the Commonwealth receive no prejudice It is a part of the Great Councell and should provide for its safety as the grand inquest doth for the whole County by finding out the dangers and grievances and proposing remedyes but to prattle of a Majesty or plenitude of Soveraigne Power derived now at this time of the day from the People is to draw water out of a Pumice or to be mad with reason I have now answered all that the Observer hath brought throughout his Booke either concerning Hull or Sir John Hotham Now will he heare with patience what Hull Men say They say that Sir John hath been a prime occasion of these Distempers as the most severe and zealous Collector of Ship-mony that ever was in his Sheâ—…ivealty a president to the rest of the Kingdome not onely an Executor of the commands of others but also a Plotter and Contriver of this businesse That he hath had not 〈◊〉 Moneths mind but sixteen yeares mind to the Government of Hull ever since the Wars with Spain upon all occasions and as an introduction to his designes hath gotten the Traine bands of Hull added to his Regiment That his Friends have been the Raisers and Fomenters of these Feares and Jealousies of the surprising of Hull sometimes by the Lord of Dunbarres Men that were trained under ground surely they were not men but Serpents Teeth that should be turned into armed Men sometimes by Mr. Terret a Lincolnshire Gentleman and his Troopes of Horse a fine devise indeed to have surprised Hull on a suddain with horse and with horse from Lincolnshire who knows how they should have got over Humber unlesse they were winged They say that before ever the Kâ—…ngdome took any notice of a breach between the King and the Parliament Master Hotham openly divided them at Hull They that are for the King stand there and they that are for the Parliament stand here did he know nothing then judge you They tell who it was that threw away His Majestyes Letter in scorn and told the Major of Hull it was worth nothing who it was that commanded the Burgesses upon pain of Death to keep in their Houses and not to appeare when His Majesty repaired to Hull who it was that caused the bonefires to be put out upon the day of His Majestyes inauguration upon pretended fear of the Magazine whereas at the same time his Souldiers had a great fire under the very Walls of it who it was that desired of the Townes Men of Hull a certificate to the Parliament that His Majesty came against Hull in an Hostâ—…le manner with greater numbers then he had which was refused by the greater and sounder part as good reason they had both because it was untrue and also because during all the same time they were confined to their Houses upon pain of Death who it was that administred an Oath or Protestation to the Townes Men of Hull so directly opposite both to their Oath of Allegiance and to the Oath which they take when they are admitted Burgesses or Freemen of that Corporation They say Mr. Hothams Motâ—…o of his Cornet is For the publick liberty but that it was not for the publick Liberty either for him to promise the Townes men that none should be troubled with billeting Souldiers against their wills and so soon as he was gotten into Hull to fill their houses with Billiters and tell them it was Policy of State to promise fair till they were in possession or for his Father to hold a Pistoll to the brest of the Kings Lieutenant to beate and imprison their Persons to banish them from their habitations to drown their Corne and Meddow to burn their Houses to robbe them of their goods and allow the owner but ten pounds out of a thousand for the maintenance of himselfe his wife and Children to suffer his Officers to charge an honest Woman with fellony for comming into her own house because her Husband was a Delinquent and Sir Iohn had disposed his goods If you desire to know where was the first forcing of billets it was at Hull where was the first plundering of goods at Hull the first drowning of Grounds at Hull where was the first burning of Houses at Myton neare Hull where was the first shedding of blood at Anlaby near Hull and to aggravate the matter in a time of Treaty and expectation of Peace They say the first men banished from their Habitations were Mr. Thornton Mr. Cartwright Mr. Perkins Mr. Faireburne Mr. Kerny Mr. Topham Mâ—… Watson Mr. Dobson of Hull They say the first Impositionof four pound a Tunne upon some kind of Commodityes was at Hull and wish that the Father had been translated into Lincolnshire with the Sonne that Yorkeshire might have sung Laetentur Caeli c. You have seen what they say whereof I am buâ—… the Relater if it seem too sharpâ—… blame the Pellicaâ—… and not me Now I must crave a word with the Towne Besides the oath of Allegiance which every good Subject hath taken or ought to take every Burgesse of that Town takes another Oath at his admission to keep that Towne and the Blockhouses to the use of the King and his Heires not of the King and Parliament I cannot now procure the Copy to a word but I shall set down the like Oath for Yorke and of the two the oath of Hull is stricter I desire the Londoners and all the strong Townes in the Kingdom who I conceive have taken the same form of Oath to take it into serious consideration for their Soules health This heare ye my Lord Major Mr. Chamberlenâ—… and good Men that I from hence forth shall be trusty and true to Our Soveraigne Lord the King and to this Citty And this same Citty I shall save and maintein to our said Soveraigne Lord the King His Heires and Successors c. So helpe me God The Oath beginnes as solemnely as that of the Romane Faeciall Heare O Iupiter and thou Iuâ—… Quirinus thou c. And being affirmative though it bind not a Townes-man ad semper to be alwayes upon the Walls in Arms yet it binds him semper to be ready upon all necessityes it binds him never to doe any thing that may be contrary to his Oath And was not that Protestation contrary which was by Sir Iohn Hotham imposed upon the Inhabitants of Hull and by them taken Forasmuch as the King being seduced by wicked and evill Counsell intends to make Warre against this Towne of Hull who have done nothing but by Order of Parliament We therefore whose names
proceed from mutuall pactions but from acts of Grace and Bounty I would know to what purpose the Observer urgeth this distinction of Laws will it â—…er â—…he State of the question or the obligation of Subjects Nothing lesse Whether the calling of the Prince be ordinary or extraordinary mediate or immediate the title of the Prince the tye of the Subject is still the same Those Ministers who were immediately ordeined by Christ or his Apostles did farre exceed ours in personall perfections but as for the Ministeriall Power no tract of time can bring the least diminution to it God was the first Instituter of Marriage yet he never brought any couple together but Adam and Eve other marriages are made by free election yet for as much as it is made by vertue and in pursuance of Divine Institution we doe not doubt to say and truely those whom God hath joyned together His Majesties title is as strong the obligation and relation between him and his Subjects is the very same as if God should say from Heaven take this Man to be your King Again if the Libertie of the Subject be from Grace not from pactions or agreements is it therefore the lesse or the lesse to be regarded what is freer then gift if a Nobleman shall give his Servant a Farme to pay a Rose or Pepper-corn for an acknowledgement his title is as strong as if he bought it with his Money But the Observer deales with his Majesty as some others doe with God Almighty in point of merit they will not take Heaven as a free gift but challenge it as Purchasers In a word the Authour of these Observations would insinuate some difference betwixt our Kings and the Kings of Israell or some of them who had immediate vocation wherein he would deceive us or deceiveth himselfe for their request to Samuell was make us a King to judge us like all other Nations Observer Power is originally inherent in the People and it is nothing else but that might and vigour which such or such a society of Men containes in it selfe and when by such or such a Law of common consent and agreement it is derived into such and such hands God confirmes that Law and so Man is the free and voluntary Author the Law is the Instrument and God is the Establisher of both and we see not that Prince which is most potent over his Subjects but that Prince which is most potent in his Subjects is indeed most truely potent 〈◊〉 for a King of one small Citty if he be intrusted with a large Prerogative may be said to be more potent over his Subjects then a King of many great Regions whose Prerogative is more limited and yet in true reality of Power that King is most great and glorious which hath the most and strongest Subjects and not he which tramples upon the most contemptible Vassalls This is therefore a great and fond error in some Princes to strive more to be great over their People then in their People and to Eclipse themselves by impoverishing rather then to magnifie themselves by infranchising their Subjects This we see in France at this Day for were the Peasants there more free they would be more rich and magnanimous and were they so their King were more puissant but now by affecting an adulterate power over his Subjects the King there loses a true power in his Subject embracing a Cloud in stead of Juno Answer It hath ever been the wisdome of Governours to conceal from the promiscuous multitude it s own strength and that rather for the behoof of themselves then of their Rulers Those Beasts which are of a gentle and tractable Disposition live sociably among themselves and are cherished by Man whereas those that are of a more wild and untameable nature live in continuall Persecution and Feare of others of themselves but of late it is become the Master-piece of our Modern Incendiaries to magnifie the power of the People to break open this Cabinet of State to prick forward the headie and raging multitude with fictitious Devises of Bulls and Minotaurs And all this with as much sincerity as Corah Dathan and Abiram said to Moses and Aaron you take too much on you seeing all the Congregation are holy I desire the Observer at his leisure to reade Platoes description of an Athenian Sophister and he shall find himselfe personated to the life that one egge is not liker another if the Coate fit him let him put it on The Scripture phraseth this to be troubling of a Church or of a State It is a Mâ—…taphor taken from a Vessell wherein is Liquour of severall parts some more thick others more subtile which by shaking together is disordered and the dreggs and residence is lifted up from the bottome to the toppe The Observer hath learned how to take Eeles It is their own Rule they that would alter the Government must first trouble the State Secondly posito sed non concesso admitting but not granting that Power is originally inherent in the People what is this to us who have an excellent forme of Government established and have divested our selves of this Power can we play fast and loose and resume it again at our pleasures Lesbia was free to choose her selfe an Husband when she was a Maide may she therefore doe it when she is a Wife Admitting that His Majesty were elected in His Predecessors yea or in His own Person for him and His Heires is this Power therefore either the lesse absolute or lesse perpetuall Admitting that before election we had power to covenant yea or condition by what Laws we would be governed had we therefore power to condition that they should be no longer Laws then they listed us This were to make our Soveraigne not a great and glorious King but a plain Christmasse Lord or have we therefore Power still to raise Arms to alter the Laws by force without Soveraigne Authority This seems to be the Observers main Scope but the conclusion is so odious as which hath ever been confessed Treason and the consequence so miserably weak that he is glad to deale altogether Enthemematically Thirdly admitting and granting that the last exercise or execution of Power that is the posse commitatus or Regni is in the People is the right also in the People or from the People Excuse us if we rather give credit to our Saviour Thou could'st have no Power at all against me except it were given thee from above If Pilate had his Power from Heaven we may conclude strongly for King Charles Nil dat quod non habet some power the People qua talis never had as power of Life and Death it is the peculiar right of God and his Vicegerents Put the case the King grants to a Corporation such and such Magistrates with power also to them to elect new magistrates which yet holds but somtimes from whom do those Magistrates hold their power not from the
take what fallâ—… at his perill But that I may not denye truth to an Adâ—… versary I grant three truths in this Answer First that the Person and Office of a King atâ—… distinguishable a good man may be a bad King anâ—… a bad man a good King Alexander the great haâ—… his two friends Ephestion and Craterus the one waâ—… Alexanders Friend the other was the Kings Friend the one honoured his person the other his Office But yet he that loved Alexander did not hate thâ—… King and he that loved the King was no enemy tâ—… Alexander Secondly I grant in active Obedience if thâ—… King command any thing which is repugnant to the Law of God or Nature we ought rather to obeâ—… God then Men. The Guard of Saul refused justlâ—… to slay the Priests of the Lord and Hananiaâ—… Mishael and Azariah to worship Nebuchadnezarâ—… golden Image it is better to dye then to doe thaâ—… which is worse then Death Da veniam Imperatoâ—… pardon me O Soveraigne thou threatnest me witâ—… prison but God with Hell In this case it is not lawfull to yeeld active obedience to the King Again if the King command any thing which is contrary to the known Laws of the Land if it be by an injury to a third Person we may not doe it as for a Judge to deliver an unjust sentence for every Judge ought to take an Oath at his admission that he will doe right to every person notwithstanding the Kings letters or any other persons there is danger from others as well as from the King And generally we owe service to the King but innocency to Christ. But if this command intrench onely upon our own private Interest we may either forbear active Obedience or in discretion remit of our own right for avoiding further evill So said Saint Ambrose If the Emperour demand our fields let him take them if he please I doe not give them but withall I doe not deny them Provided alwayes that this is to be understood in plain cases onely where the Law of God of Nature or the Land is evident to every mans capacity otherwise if it be doubtfull it is a Rule in Case Divinity Subditi tenentur in favorem Regis Legis judicare It is better to obey God then Man but to disobey the King upon Surmises or probable pretence or an implicit dependence upon other Mens judgements is to disobey both God and Man and this duty as the Protesters say truely is not tyed to a Kings Christianity but his Crown Tiberius was no Saint when Christ bid give unto Caesar that which was Caesars Thus for active obedience now for passive If a Soveraigne shall persecute his Subjects for not doing his unjust Commands yet it is not lawfull to resist by raising Arms against him They that resist shall receive to themselves damnation But they aske iâ—… there no limitation I answer ubi lex non distinguiâ—… nec nos distinguere debemus how shall we limit where God hath not limited or distinguish where he hath not distinguished But is there no remedy for 〈◊〉 Christian in this case yes three remedies The first is to cease from sinne Rex bonus est dextra malus sinistra Dei a good King is Gods right hand a bad his left hand a scourge for our sinnes as we suffer with patience an unfruitfull yeare so we must doe an evill Prince as sent by God Tollatuâ—… culpa ut cesset Tyrannorum plaga said Aquinas remove our sinne and God will take away his rod. The second remedy is prayers and tears In that day you shall cry unto the Lord because of your King Saint Nazianzen lived under five persecutions and never knew other Remedy he ascribed the death of Iulian to the prayers and teares of the Christians Ieremy armed the Iews with prayers for Nebuchadnezar not with daggs and daggers against Nebuchadnezar Saint Paul commands to make prayers and supplications for Kings not to give poison to them Saint Peter could have taken vengeance with a word as well on Herod as Ananias but that he knew that God reserves Kings for his own Tribunall For this cause Saint Ambrose a Man of known courage refused to make use of the forwardnesse of the People against Valenâ—…ian the Emperour And when Saul had slayne the Priests of God and persecuted David yet saith David who can stretch forth his hand against the Lords anointed and be guiltlesse It was Duty and not a singular desire of perfection that held Davids hands who can stretch out his Hand No Man can doe it The third remedy is flight this is the uttermost which our Master hath allowed when they persecute you in one City fly to another But a whole Kingdome cannot fly neither was a whole Kingdome ever persecuted by a lawfull Prince private men tasted of Domitians cruelty but the Provinces were well governed The raging desires of one Man cannot possibly extend to the ruine of all Nor is this condition so hard for Subjects This is thankworthy if a man for Conscience towards God indure grief and if a man suffer as a Christian let him glorifie God on this behalfe This way hath ever proved successefull to Christian Religion the blood of the Martyrs is the seed of the Church caedebantur torquebantur nrebantur tamen multiplicabantur But all these Remedies are not sufficient they are nothing and they that thinke otherwise are stupid fellowes in the judgement of the Observer unlesse the People have right to preserve themselves by force of Arms yea notwithstanding any contracts that they have made to the contrary for every private man may desend himselfe by force if assaulted though by the force of a Magistrate or his own Father c. First I observe how the Observer enterferes in his Discourse for in the forty fourth page he telleth us quite contrary that the King as to his own Person is not forcibly to be repelled in any ill doing But passing by this contradiction I aske two questions of him by his good leave The first is if a Father should goe about onely to correct his Child and not to kill him or maime him whether he might in such a case cry Murther Murther and trie Mâ—steries with his Father and allege his own judgement against his Fathers to prove his innocency My second question is if an inraged Father should offer extreme violence to his Sonne how far he might resist his Father in this case whether to give blow for blow and stabbe for stabbe or onely to hold his Fathers hands For if it be a meere resistence without any further active violence which is allowable if it be onely in extream perills where the life is indâ—ngered and against manifest rage and fury what the Observer gets by this he may put in his eye and see never the worse But to give his remedy and his instance for it a positive answer I say further that this
Augustane confession and Apology That Bishops might easily have reteined their places if they would they protest that they are not guilty of the diminution of Episcopall Authority And for the Helvetian Churches it appeares by that letter of Zuiâ—…glius and ten others of their principall Divines to thâ—… Bishop of Constance in all humility and observancâ—… beseeching him To favour and helpe forward their beginnings as an excellent Worke and worthy of a Bishop they call him Father Renowned Prelate Bishop the implore his Clemency Wisdome Learning that 〈◊〉 would be the first Fruits of the Germaine Bishops favour true Christianity springing up againe to heaâ—… the wounded Conscience They beseech him by the coâ—…mon Christ by our Christian Liberty by that Father affection which he owes unto them by whatsoever was 〈◊〉 vine and humane to looke graciously upon them or he would not grant their desires yet to connive at theâ—… So he should make his Family yet more illustrious aâ—… have the perpetuall Tribute of their Prayses so would but shew himselfe a Father and grâ—…â—…he request of his obedient Sonnes They coâ—…clude God Almighty long preserve your Excellenâ—… Thirdly for the French Churches it is plain Calvine in one of his Epistles touching a Reform Bishop that should turne from Popery that he mâ—… retein His Bishoppricke his Diocesse yea even 〈◊〉 Revennues and his Iurisdiction Lastly it is objected that Bishops have been 〈◊〉 â—…troducers of Anti-Christian Tyranny and all otâ—… abuses into the Church One said of Phisitians tâ—… they were happy Men for the Sunne revealed their Cure and the Earth buried all their inâ—…mities contrarywise we may say of Governours that in this respect they are most unhappy Men for the Sun reveales all their infirmities nay more all the Ennormities of the Times and the aberrations of their Inferiours are imputed to them but the Earth buries all their cures Episcopacy hath been so farre from being an adjument to the Pope in his Tyrannicall invasion of the Libertyes of the Church that on the other side it was a principall meanes to stay and retard his usurpation as did well appeare at the Councell of Treat how little he was propitious to that Order and by the Example of Grodsted Bishop of Lincolne who was malleus Romanorum and many others And now much the rather when Bishops acknowledge no dependency upon him No Forme of Government was ever so absolute as to keep out all abuses Errors in Religion are not presently to be imputed to the Government of the Church Arrius Pelagius c. were no Bishops but on the other side if Bishops had not been God knows what Churches what Religion what Sacraments what Christ we should have had at this Day And wee may easily conjecture by that inundation of Sects which hath almost quite overwhelmed our poor Church on a suddain since the Authority of Bishops was suspended The present condition of England doth plead more powerfully for Bishops then all that have writ for Episcopacy since the Reformation of our Church I have made this digression by occasion of the Observers so often girding at Bishops he may either passe by it or take notice of it at his pleasure There are some small remainders of his worke but of no great moment as this That there is a disparity between naturall Fathers Lords Heads c. and Politicall Most true though the Observer hath not met with the most apposite instances otherwise they should be the very same thing every like is also dislike He conceives that there is onely some sleight resemblance between them but our Law saith expresly otherwise That His Majesty is very Head King Lord and Ruler of this Realme and that of meer droit and very right First very Head and Lord and then of meer droit and very right It is impossible the Law should speake more fully But the maine difference which may come near the question is this that the Power which is in a Father Lord c. moderately and distinctly is joyntly and more eminently in a Soveraigne Prince as was long since declared at Rome in the case between Fabius Maximus and his Sonne No Father could deserve more reverence from a Sonne yet he knew that Domestick command must veile and submit to Politicall and that the Authority of a Father of a Family doth disappear in the presence of the Father of a Country as lesser Starres do at the rising of the Sun But his maine ground is that the King is the Father Lord Head c. of His Subjects divisim but not conjunctim if you take them singly one by one but not of an intire collective Body So it seemes His Majesty is the King of Peter and Andrew not of England nor yet so much as of a whole Towne or Village yet the Observer himselfe can be contented to be the Lord of a whole Manour I conceive he learned this doctrine out of Schola Salerni Anglorum Regi c. If this assertion were true how extrmely hath the World been deceived hitherto and we have all forsworne our selves in our Oaths of Supremacy and Allegiance His Majesty is much bound to him for making him King of so many pretty little Kingdoms but as Titus Quinctius said of Antiochus his Souldiers when their Friends did set them out by parcells for Armies of Medes Elemites Cadusians That all these in one word were but Syrians So His Majesty is well contented to reduce all these Kingdoms of Microcosmes into one Kingdome of England if he may hold that in peace Such another Paradox is that which follows that Treason or Rebellion in Subjects is not so horrid in nature as oppression in Superiours One of the most absurd opinions and most destructive to all Societies that ever was devised By this new learning when the Master shall correct his Servant without sufficient ground in the Servants conceit he may take the Rod by the other end give His Master some remembrances to teach him his Office better If it be a little irregular yet it is the lesse fault upon these grounds Doth any Man think that the Observer instructs his Family with this doctrin at home out of his chaire beleeve it not By the very equity of this conclusion it should be a greater sinne for a Man to mispend what is his owne then to robbe or steale that which is not his own The Superiour though he abuse his power yet hath a right to it but the inferiour hath none How discrepant is this from the judgement of former times they thought no crime could be so great as that it ought to be punished with Parracide or that for discovery thereof a Servant should be examined against his Master or a Child against his Parent The Law of Parricides denyed lucem vivo fluctuanti mare naufrago portum morienti terram defuncto Sepulchrum Tully saith they were to be sowed up quick in a Sack and so cast into the River not to the wild Beasts
himselfe by seditious Orations Whâ—… more popular then Simon Magus T is megas soâ—… great one and this onely with jugling When Absâ—…om sought to ingratiate himselfe with the vulgar whâ—… course did he take to be more eminent in vertue No such thing but ostentation lying flattery and â—…ucing the present State Who hath not heard hoâ—… â—…stratus and Dionisius two execrable Tyrants did cut â—…d slâ—…sh themselves and perswaâ—… the credulous â—…titude how it was done by the Malignants for their zeal to the Commonwealth till by these Arts they had first gotten a guard allowed for themselves and after invaded the Government Observer To be deliciae humani generis is grown fordid with Princes to be publicke torments and Carnificines and to plot against those Subjects whom by nature they ought to protect is held Caesar like and therefore bloody Borgias by meere treachery and cruelty hath gotten room in the Calender of witty and of spirited Heroes And our English Court of late yeares hath drunke too much of this State-poyson for either we have seen Favorites raised to poll the People and razed again to paâ—…ifie the People or else which is worse for King and People too we have seen engines of Mischiefe preserved against the People and upheld against Law merely that mischief might not want incouragement Answer Curse not the King saith the Wise-man no not in thy thought Thou shalt not revile the Gods nor speak evill of the Ruler of thy People Two Apostles bear record that there cannot be a surer note of a Schismatick then to despise Dominion and speak evill of Dignities Evill language against a Soveraign Prince hath ever been reputed an Injury to al his Subjects but this age hath hatched such Vipers which dare not only like some Rabshakeh â—…aile against some forrein Prince but cast durt in the face of their naturall Lord as if they were the colls of a wild Asse in the Wildernesse subject to no man accountable to no Man and that not onely in thought which Solomon disliked or in a word which God did forbid but even to make the Presse grone under dayly bundles of Lies and slanders and fictitious Fables I say the Presse which hath been ever esteemed a peculiar Priveledge of Supreme Majesty Nâ—…y one King is not an object worthy of their wrath but as it is said of Iulian that he sought to destroy both Presbyteros and Presbyterium not Priests onely but Priest-hood it selfe So it is not one or two Monarchs but the destruction of Monarchy it self which these Men aime at witnesse our Observer here to be publick torments and Carnificines is held Caesar like with Princes and one of his Friends lately He errs not much who saith that there is an inbred hatred of the Gospell in all Kings they doe not willingly suffer the King of Kings to rule in their Kingdomes the Lord hath his among Kings but very few one perhaps of an hundred Increpet te Deus Satan The Lord himselfe will one day call them to an account for these Blasphemies against his anoynted Is this a Coale taken from the Altar or rather from the fire of Hell There is hope our Countrymen will robbe the Jesuits shortly of their reputation Anabaptisme hath got it loose to be the Liers and the Rebells Catechisme Sir lay aside your eye of envy which cannot endure the beams of Majesty and tell us what it is in King Charles which doth so much offend you take Diogenes his lanthorn and look at Noone-Day among all his Opposers throughout your Classes and Forms if you can find one to match or parallell him for piety towards God justice towards Man Temperance in His Diet truth in His Word Chastity in His Life Mercy towards the oppressed yea take your multiplying glasse and looke through His Government from end to end if you can find His Crown sprinkled with one drop of innocent blood He needs not with Caius the Emperour assume Mercuries Rod Apolloes bowe and arrows Mâ—…rs his sword and shield to make himself resemble God He hath better ensignes of the Diety Unhappy we onely because we do not know our own good that might enjoy a temperate and sweet Government Sun-shine dayes under our own Vines and Fig-trees the free Profession of true Religion equall administration of Justice Peace and Plenty with a dayly growth of all arts that may enrich or civilize a Nation under the radicated succession of a Princâ—…ly Family If the Observers eyes had not been like the old Lamiaes to take out and put in at his pleasure he might have seen a Titus at Home a Darling of Mankind But what is the ground of all this great cry forsooth we have had Favorites I doe not yet know any hurt in a good Favorite such an one as Ioshua was to Moses or Daniell to Darius or Maecenas and Agrippa to Augustus or Craterus and for any thing I know Ephestion also to Alexander Wise men think a well-chosen Favorite may bring great advantage both to King and People But I leave the discourse it is well known His Majesty is as opposite to Favourites as the Observer and never raised any to thâ—… height but they might be opposed and questioned â—…y their Fellow-Councellers But if the Observer have a mind to see some of those Favourites whom he callâ—… Pollers engines of Mischiefe or Monopolists he may find them moving in another Sphere To side with His Majesty is no ready way to impunity Observer But our King here doth acknowledge it a great businesse of His Coronation Oath to protect us and I hope under this word protect he intends not onely to shield us from all kind of evill but to promote us to all kind of Politicall happinesse according to his utmost Devoir and I hope he holds himselfe bound thereunto not onely by his Oath but also by his very Office and by the end of his Soveraigne Dignity And though all single Persons ought to looke upon the late bills passed by the King as matters of Grace with all Thankfulnesse and Humility yet the King himselfe looking upon the whole State ought to acknowledge that he cannot merit of it and that whatsoeven he hath granted if it be for the prosperity of his People but much more for their ease it hath proceeded but from meere duty If Ship-money if Star-Chamber if the High Commission if the Votes of Bishops and Popish Lords in the upper House be inconsistent with the wellfare of the Kingdom not onely Honour but Iustice itselfe challenges that they be abolish't The King ought not to account that a Profit or Strength to him which is a losse or wasting to the People nor ought he to thinke that perish't to him which is gained to the People The word Grace sounds better in the Peoples mouth then in His. Answer His Majesty is bound in Conscience both by his Oath and Office not onely to protect his People committed to his charge in
the legallity anâ—… expedience of each circumstance which perhaps he 〈◊〉 not capable of perhaps reason of State will not peâ—… mit him to know it The House of Commons havâ—… a close Committee which shews their allowance oâ—… an implicit confidence in some cases yet are theâ—… but Proctors for the Commonalty whereas the Kinâ—… is a Possessor of Soveraignty But it is alleged thaâ—… of two evills the lesse is to be chosen it is better to disobeâ—… Man then God Rather of two evills neither is to bâ—… chosen but it is granted that when two evills arâ—… feared a Man should incline to the safer part Noâ—… if the Kings Command be certain and the other danger but doubtfull or disputable to disobey the certain command for feare of an uncertain or surmised evill is as Saint Austin saith of some Virgins who drowned themselves for feare of being defloured to fall into a certain crime for fear of an uncertain A third error in this distinction is to limit the Kings Authority to his Courts All Courts are not of the same Antiquity but some erected long after others as the Court of Requests Neither are all Justices of the same nature some were more eminent then others that were resident with the King as his Councell in points of Law these are now the Judges Others did justice abroad for the ease of the Subject as Iustices of Assise Iustices in Eire Iustices of Oier and Terminer Iustices of Peace The Barons of the Exchequer were anciently Peeres of the Realme and doe still continue their name but to exclude the King out of his Courts is worse a strange Paradox and against the grounds of our Laws The King alone and no other may and ought to doe justice if he alone were sufficient as he is bound by his Oath And again If our Lord the King be not sufficient himselfe to determine every cause that his labour may be the lighter by dividing the burden among more Persons he ought to choose of his own Kingdome wise Men and fearing God and of them to make Iustices These Justices have power by Deputation as Delegates to the King The Kings did use to sit personally in their Courts We reade of Henry the fourth and Henry the fift that they used every day for an houre after dinner to receive bills and and heare causes Edward the fourth sate ordinarily in the Kings Bench Richard the third one who knew well enough what belonged to his part did assume the Crown sitting in the same Court saying He would take the Honour there where the chiefest part of his duty did lye to minister the Laws And Henry the eight sate personally in Guild-Hall The Writs of Appearance did â—…un coram me vel Iusticiariis meis before me or my Justices Hence is the name of the Kings Bench and the teste of that Court is still teste meipso witnesse our selfe If the King be not learned in the Laws he may have learned Assistents as the Peeres have in Parliament A clear and rationall head is as requisite to the doing of Justice as the profound knowledge of Law It is a part of his Oath to doe to be kept in all his judgments Right Iustice in Mercy and Truth was this intended onely by Substitutes or by Substitutes not accountable to him for injustice we have sworne that he is supreme Governour in all causes over all Persons within his Dominions is it all one to be a Governour and to name Governours David exhorts be wise now therefore O yee Kings Moses requires that the King read in the booke of the Law all the dayes of his Life Quorsum perâ—…itio haec what needs all this expence of time if all must be done by Substitutes if he have no Authority out of his Courts nor in his Courts but by delegation When Moses by the advise of Iethro deputed subordinate Governours under him when Iehosophat placed Judges Citty by Citty throughout Iudah It was to ease themselves and the People not to disingage and exinanite themselves of Power It is requisite that His Majesty should be eased of lesser burthens that he may be conversant circa ardua Reipublicae about great affaires of State but so as not to divest his Person of his royall Authority in the least matters Where the King is there is the Court and where the Kings Authority is present in His Person or in his Delegates there is his Court of Justice The reason is plain then why the King may not controule his Courts because they are himselfe yet he may command a review and call his Justices to an account How the Observer will apply this to a Court where neither His Majesty is present in Person nor by his Delegates I doe not understand The fourth and last error is to tie the hands of the King absolutely to his Laws First in matters of Grace the King is above his Laws he may grant especiall Privileges by Charter to what Persons to what Corporations â—…e pleaseth of his abundant Grace and meere motion he may pardon all crimes committed against the Law of the Land and all penaltyes and irregularityes imposed by the same the perpetuall Custome of this Kingdome doth warrant it All wise men desire to live under such a Government where the Prince may with a good Conscience dispence with the rigour of the Laws As for those that are otherwise minded I wish them no other punishment then this that the paenall Laws may be executed on them strictly till they reforme their Judgements Secondly In the Acts of Regall Power and Justice His Majesty may goe besides or beyond the ordinary course of Law by his Prerogative New Laws for the most part especially when the King stands in need of Subsidies are an abatement of Royall Power The Soveraignty of a just Conquerer who comes in without pactions is absolute and bounded onely by the Laws of God of Nature and of Nations but after he hath confirmed old Laws and Customes or by his Charter granted new Liberties and Immunities to the collective Body of His Subjects or to any of them he hath so farr remitted of his own right and cannot in Conscience recede from it I say in Conscience for though humane Laws as they are humane cannot bind the Conscience of a Subject and therefore a fortiore not of a King who is the Law-giver yet by consequence and virtue of the Law of God which saith submit your selves to every ordinance of Man for the Lords sake and again Thou shalt love thy neighbour as thy selfe they doe bind or to speak more properly Gods Law doth bind the Conscience to the Observation of them This is that which Divines doe use to expresse thus That they have power to bind the Conscience in se sed non a se in themselves but not from themselves non ex authoritate Legislatoris sed ex aequitate Legis not from the authority of the Law-giver but from
the equity of the Law many who doe not grant that to violate the Law of Man is sinne universally yet in case of contempt or scandall doe admit that it is sinnefull So then the Laws and Customes of the Kingdome are Limits and bounds to His Majestyes Power but there are not precise Laws for each particular Occurrence And even the Laws themselves doe ofâ—…en leave a latitude and a preheminence to His Majesty not onely for circumstances â—…d forms of Justice but even in great and high Privileges These we call the Prerogative Royall as to â—…e the fountain of Nobility To coyne Money To â—…eate Magistrates To grant Protection to his Debâ—…rs against their Creditours To present to a Beneâ—…ce in the right of his Ward being the youngest Coâ—…arcener before the eldest Not to be sued upon an orâ—…inary writ but by Petition and very many others â—…hich are beyond the ordinary course of Common-Law being either branches of absolute power or Preâ—…ogatives left by the Laws themselves Thirdly in the câ—…se of evident necessity where the whoâ—…e Commonwealth lyeâ—… at stake for the safety of King and Kingdome His Majesty may go against partiâ—…ular Laws For howsoever fancyed pretended invisible dangers have thrust us into reall dangers and unseasonable Remedyes have produced our present Calamityes yet this is certaine that all humane Laws and particular proprietyes must veile and strike top-sayle to a true publick necessity This is confessed by the Observer himselfe every where in this Treatise that Salus Populi is the transcendent achme of all Politicks the Law Paramount that gives Law to all humane Laws and particular Laws cannot act contrary to the legislative intent to be a violation of some more soveraigne good introducible or some extreme and generall evill avoidable which otherwise might swallow up both Statutes and all other Sanctions This preservative Power the Observer ascribes to the people that is to say in his sense to the Parliament in case the King will not joyn with them Though we all know a Parliament is not ever ready nor can be sâ—… suddenly called as is requisite to meet with a suddeâ—… Mischief And he thinks it strange that thâ—… King should noâ—… allow to the Subject a right to rise iâ—… Arms for their oâ—…n necessary defence without his consent and that he should assume or challenge such a share iâ—… the Legislative â—…ewer to himselfe as that without hiâ—… concurrence the Lords and Commons should have no right to make temporaâ—…y orders for putting the Kingdoâ—… into a posture of Defence Strange Phrases and unheard of by English eares that the King should joyn with the People or assume a share in the legislative Power Our Laws give this honour to the King that he can joyn or be a sharer with no man Let not the Observer trouble himselfe about this division The King like Solomons true Mother challengeth the whole Child not a divisible share but the very Life of the Legislative Power The Commons present and pray The Lords advise and consent The King enacts It would be much for the credit of the Observers desperate cause if he were able but to shew one such president of an Ordinance made by Parliament without the Kings consent that was binding to the Kingdome in the nature of a Law It is a part of the Kings oath to protect the Laws to preserve Peace to His People this he cannot doe without the Power of the Kingdome which he challengeth not as a Partner but solely as his own by virtue of his Seigniory So the Parliament it selfe acknowledged It belongs to the King and his part it is through his royall seigniory straitly to desend sorce of armour and all other force against his peace at all times when it shall please him and to punish them which shall doe contrary according to the Laws â—…nd usages of the Realme and that the Prelates Earles â—…arons and Commonalty are bound to aide him as their â—…overaigne Lord at all seasons when need shall be Here is a Parliament for the King even in the point The Argument is not drawn as the Observator sets it own negatively from Authority or from a maimed â—…nd imperfect induction or from pâ—…rticular premisâ—…es to a generall conclusion every one of which is â—…ophisticall is thus Such or suâ—…h a Parliament did â—…ot or durst not doe this or that therefore no Parliaâ—…ents may doe it or thus Some Parliaments not comâ—…arable to the Worthies of this have omitted some good â—…t of supinesse or difficulty therefore all Parliaments â—…ust doe the same but it runns thus no parliaments did ever assume or pretend to any such Power some Parliaments have expressely disclaimed it and acâ—…nowledged that by the Law of the Land it is a â—…ewell or a Flower which belongs to the Crown Therefore it is His Majesties undoubted right and â—…ay not be invaded by any Parliament Yet further â—…t were well the Observer would expresse himselfe â—…hat he meanes by some more Soveraigne good introducible the necessity of avoiding ruâ—…ne and introducing greater good is not the same Dangers often â—…come like torrents suddainly but good may be inâ—…roduced at more leisure and ought not to be brought â—…in but in a lawfull manner we may not doe evill that good may come of it Take the Observers two instances When the Sea breakes in upon a County a bank may be made on any Mans ground without his consent but may they cut away another mans Land to make an Harbour more safe or commodious withâ—… the owners consent No. A Neighbours Hoâ—… may be pulled down to stop the fury of a Scath-fire bâ—… may they pull it down to get a better prospect 〈◊〉 gaine a more convenient high way No. We desâ—… to know what this Soveraigne good introduciâ—… meanes and are not willing to be brought intoâ—… Fooles Paradise with generall insinuations Let it aâ—… pear to be so Soveraigne and we will all become suâ—… ters for it but if it be to alter our Religion or our foâ—… of Government we hope that was not the end of thâ—… Militia Lastly when necessity dispenseth with paâ—…ticular Laws the danger must be evident to all tâ—… concurrence generall or as it were generall one oâ—… two opponents are no opponents but where thâ—… danger is neither to be seen not to be named so uâ—… certaine that it must be voted whether there be anâ—… danger or not or perhaps be created by one or twâ—… odde Votes this is no warrant for the practise oâ—… that Paramount Law of salus Populi By this which hath been said we may gather a reâ—… solution whether the King be under the Law anâ—… how farr I mean not the Law of God or Nature but his own Nationall Laws First by a voluntarâ—… submission of himselfe quod sub Lege esse debetâ—… evidenter apparet cum sit Dei Vicarius ad similituâ—… dinem Iesu Christi cujus vices gerit in terris buâ—… Christ was under
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
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
present and posteriour consent is not â—…cessary to His Majesty for the excercise of any â—…anch of that Imperiall power which by Law or â—…wfull custome is annexed to his Crown And â—…erefore Edward the first his Summons ad tractandum â—…dinandum faciendum which is the same in effect â—…ith all summons since will doe your cause no good 〈◊〉 the world unlesse you may have leave to doe as â—…e Devill did with Christ leave out in viis tuis 〈◊〉 you may put out in quibus dam and thrust in place â—…ereof in omnibus as you doe in the next page In â—…ll things perteining to the People Leave these friâ—…olous these false suggestions your own-Conscience â—…nnot but tell you that reddendo singula singulis in â—…omethings the Houses of Parliament have power â—…o consent in somethings to order in somethings to â—…ct but in all things they have neither power to act â—…or order nor consent and that will appear by your â—…ext Section Observer It is true we find in the Raigne of Edward the third that the Commons did desire that they might forbear counselling in things de queux ils nount pâ—…s cognizance the matters in debate were concerning some intestine commotions the guarding of the Marches of Scotland and the Seas and therein they renounce not their right of consent they onely excuse themselves in point of counsell referring it rather to the King and his Councell How this shall derogate from Parliaments either in poiâ—… of consent or counsell I doe not know for at last thâ—… they did give both and the King would not be satisfieâ—… without them And the passage evinces no more but this that the King was very wise warlike had a very wisâ—… Councell of Warre so that in those particulars the Commons thought them most fit to be consulted as perhaps the more knowing men Answer This is the first time that the Observer is pleased to honour his adverse Party with the mention of one Objection and that with so ill successe that he cannot unty the knot again with all his teeth I will put it into form for him thus That which the Parliament in the raigne of Edward the third had not that no succeeding Parliament hath but that Parliament had no universall cognizance Therefore the same Rule holds in this and all other Parliaments The Proposition is infallibly true grounded upon an undeniable Maxime that quod competit tali qua tali competit omni tali that which is true of one Parliament not by accident but essentially as it is a Parliament must of necessity be true of every Parliament The Assumtion is as evident confessed by the Parliament itselfe who best knew the extent of their own power that there was somethings of which ils nount pas cognizance they had no cognizance And if we will believe the Observer these things which did not belong to their cognizancâ—… were the appeasing some intestine or Civill Commotions and the guarding of the Seas and Marches why these are the very case now in question concerning the Militia And doth a Parliament here confesse that they have no cognizance of these yes what saith the Observer to this he saith they doe not renounce their right but onely excuse themselves in point of Counsell Most absurdly as if there were either consent or counsell without cognizance But he saith they did give both consent and counsell and the King could not be satisfied without them It may be so but there is a vast difference between giving counsell when the King licenseth yea and requireth it and intruding into Counsell without calling between an approbative consent such as the Saints give to God Almighty the onely Authoritative Judge of Heaven and Earth and an active consent without which the Kings hands should be so tied that he could do just nothing The former all good Kings doe desire so farre as the exigence of the service will give way to have their Counsells communicated But the latter makes a great King a Cipher and transformes an Emperour into a Christmasse Lord. You tell us that King had a very wise Councell of Warre and perhaps more knowing in these things then the Commons It were strange if they should not be so if the Commons who are Srangers to the affaires ingagements of State should understand them better then those who have served sundry Apprentiships in that way qui pauca considerat facile pronunciat he that knows not or regards not the circumstances gives sentence easily but for the most part is mistaken Ignorance of the true state of things begets Iealousies and Feâ—…es where there are no Dangers and confidence whâ—…e the Perill is nearest It makes a field of thistles 〈◊〉 Army of pikes and an Army of pikes a field of thiâ—…les Let old States-Men sitte at the Helme still aâ—… steere the Ship of the Common-wealth The Coâ—…ons are the best Councell in the World for redreâ—…ng of grievances for making of new Lawes for â—…inteining the publike interest of the Kingdome abâ—…d and private interest of the Subject at home â—…et this be their Worke and their Honour Observer Now upon a dâ—… comparing of these passages with some of the Kings laâ—…e papers let the World judge whether Parliaments have â—…ot been of late much lesned and injured The King in one of his late Answers alledgeâ—… that his Writs may teach the Lords and Commons the extent of their Commission and Trust which is to be Counsellours not Commanders and that not in all things but in quibusdam arduis and the case of Wentworth is cited who was by Qâ—…een Elizabeth committed sitting the Parliament for proposing that they might advise the Queen in some things which she thought beyond their cognizance although Wentworth wâ—…s then of the House of Commons And in other places the King denyes the Assembly of the Lords Commons to be rightly named a Parliament or to have any power of any Court and consequently to be any thing but a meer convention of private Men. Many things are here assâ—…rted utterly destructive to the Honour Right and being of Parliaments For first because the Law hath trusted the King with a Prerogative to discontinus Parliaments c. Answer Having laid these former groundâ—… the Observer proceeds to some exceptions against some passages in his Majestyes Papers that 's his phrase as if they were old Almanacks out of date fit for nothing but to cover Mustard pots metuentia carmina scombros aut thus His first exception is that His Majesty is trusted by the Law which the Observer calls now a formallity of Law with a Prerogative to discontinue Parliaments leaving no remedy to the People in such a case which he saith is destructive to the Honour Right â—…nd being of Parliaments and may yet be mischiâ—…vous in the future dissolution of them and make our Trienniall Parliaments of litle service if it be not exploded now What is this to the Observers grounds or His Majestyes Declaration
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
and use their power so farr as conduceth to their safety You see the high ad ultimate Judicature is neither now the Kings nor the Parliaments Your third division is between the Parliament and a part of it Of this charge they are guilty who made the distinction of good and bâ—…d Lords of well affected and ill affected Members The votes of Absentees doubtlesse by the Law of Nations devolve to those that are present but if the place of the Assembly be not free if the absence be necessitated by unjust force or just fear the case is otherwise Your fourth division is between the Major part misled and a Faction in the major part misleading I wonder you should thinke this so impossible Neere instances may be dangerous let us looke upon the great Councell of Aâ—…iminum the question was of no lesse consequence then the Diety of Christ the Major part of the Couâ—…cell voted for the Arrians and in the major part the misleading Faction were but few the well meaning party were farre the more but misled by the subtle manner of proposing the question wheâ—…her they would have Christ or Homoousioâ—… which â—…either being discussed nor understood as it ought to â—…ave been they voted wrong and repented at leiâ—…ure In the last place you distinguish between deserting â—…nd being deserted If the Wife leave her Husbands â—…ed and become an Adulteresse t is good reason she â—…ose her dowry but if her Husband caâ—…selesly reject â—…er it is injustice she should suffer any detriment Your case is true as you propose it but suppose the Adultresse should stay at home and outbrave her Husband or by her power in the Family thrust him good Man out of doores suppose she should refuse to cohabite with him except she may be Mastâ—…r and do what she will without controllment and forget her Matrimoniall Vow of Obedience This alters the case Observer Now of that Right which the Parliament may doe the King by Counsell iâ—… the King could be more wisely or faithfully advised by any other Court or if his single judgement were to be preferred before all advise whatsoever it were not onely vaine but extreamly inconvenient that the whole Kingdom should be troubled to make elections and that the Parties elected should attend the publick businesse Answer We have had both Counsell and Consent befoâ—… but now we must have them again The questioâ—… raised by the Observer are of such an odious naturâ—… that no good Subject can take delight in them whosâ—… duty is to pray for the like concent among the sevâ—…rall orders of this Kingdome that is supposed tâ—… be among the severall orbes of Heaven His Majesty is undoubtedly the primum mobile whatsoeveâ—… the Observer in sundry parts of this Treatise prattlâ—… to the contrary The two Houses of Parliament tâ—… great and privy Councell are the lower Spheres whicâ—… by their transverse yet vincible motions ought to allay the violence of the highest Orbe for the good anâ—… preservation of the universe Where there are no such helps and means of temper and moderation there Liberty is in danger to be often trodden under Foot by Tyranny And where these adjuments by the unskilfulnesse or sinister ends of some young or ambitious Phaetons become impediments by a stiffe froward and unseasonable opposition in stead of a gentle vincible reluctation it sets the whole body Politick in a miserable combustion as dayly experience shews But I must trace the Observer The calling of Parliaments is not vaine and inconvenient but his inference is vain and inconsequent there are other ends of Parliaments besides Counsell as consenting to new Laws furnishing the publick with Money the nerves and sinews of great actions mainteining the interest of the Kingdome and liberty of the Subject From removing one sociall end to inferre â—…at an action is superfluous deserves no answer but 〈◊〉 and contempt Secondly even in point of advise there is more reâ—…uired in a good Counseller then naturall wisdome â—…nd fidelity our fancyes are not determined by naâ—…ure to every thing that is fit for us as in Birds and Beasts but we must serve apprentiships â—…o â—…ble us to â—…erve one another There is a thing called experience of â—…igh concernment in the managery of publick affaires He that will steere one Kingdome right must know â—…he right constitution of all others their strength their â—…ffections their councels and resolutions that upon each different face of the skye he may alter his rudder The best Governments have more Councells â—…hen one one for the publick interest of the Kingdome another for the affaires of State a Councell for Warre and a Councell for Peace and it were strange if it were not as requisite to have a Councell for the Church Every Man deserves trust in his own Profession many are fittest for resolving few for managing The exigence of things require sometimes secrecy sometime speed We see the House of Commons though they be but deputed by the People and a Delegate cannot make a delegate where their right is in confidence rather then in interest yet they have their Committees and a Councell in a Counsell Neither are all Parliaments of the same temper if we may believe Sir Henry Wotton one that was no Foole thus he in the eighteenth of King James many young ones being chosen into the House of Commons more then had been usuall in great Councells who though of the weakest winges are the highest flyers there 〈◊〉 a certain unfortunate unfruitfull Spirit in some places not sowing but picking at every stone in the field rathâ—… then tending to the generall harvest Thirdly let them be as wise and as faithfull Councellers as the Observer pleaseth onely let them be but Councellers Let their conclusions have as much credit as the premises deserve and if they can necessitate tâ—…â—…rince to assent by weight of reason anâ—… convincing evidence of expedience let them doe it oâ—… Gods name necesse est ut lancem in libra ponderibâ—… impositis deprimi sic animum perspicuis cedere But 〈◊〉 hope they will never desire to doe it out of the authority of their votes or obtrude a conclusion on His Majesty before he understand how it is groundeâ—… upon the Premises This seemes to be the same which the Disciplinarians would impose upon the King in the Government of the Church to be the Executor of their decrees His Respect to their judgement ought to make him tâ—…nder in denying but inferres no necessity of granting Fourthly I wonder the Observer is not ashamed to tell of His Majestyes preferring his single judgement before all advise whatsoever when the Observer chargeth him with following the advice of his Cabinet Councell when he hath his Privy Councell with him when in the great Councell if they might meet freely he believes that two third parts approve of his doings Are the most part of the Nobility and Gentry of this Kingdome no Body Are the flower of the Clergy and Universities no Body
States come to have peace a while then let them take heed of falling in pieces The condition of the English Subject when it was at the worst under King Charles before these unhappy broiles was much more secure and free from excises and other burdens and impositions then our Neighbours the Netherlanders under their States If His Majesty should use such an Arbitrary Power as they doe it would smart indeed I wonder the Observer is not ashamed to instance in Hanniball he knows the Factions of Hanno and Hannibal did ruine themselves and Carthage whereas if Hannibal had been independent Rome had run that fortune which Carthage did How near was Scipioes Conquest of Affricke to be disapointed by the groundlesse suggestions of his Adversaryes in the Roman Senate When he had redeemed that Citty from ruine how was he rewarded Sleighted called to the Barre by a factious Plebeian and in effect banished from that Citty whereof he had been in a kind a second Romulus or Founder but if he had been independent he had been a nobler gallanter Scipio then he was And if Caesars Dictatorship had not preserved him from the like snuffles he might have tasted of the same sawce that Scipio did and many others It is true he was butchered by some of the Observers Sect a Rebell is a civill Schismatick and a Schismatick an Ecclesiasticall Rebell the one is togata the other is armata seditio and some of them as notoriously obliged as Servants could be to a Master but revenge pursued them at the heeles as it did Korah and his Rebellious Crew Zimri Absalom Adonijah Achitophel Iudas c. Frost and falshood have alwayes a foule ending Neither is it true altogether That Parliaments are so late an invention What was the Mickle Synod here but a Parliament what were the Roman Senates and Comitia but Parliaments what were the Graecian Assemblies Amphictionian Achaian Boetian Pan-AEtolian but Parliaments what other was that then a Parliament Moses commanded us a Law even the inheritance of the Congregation of Jacob. And he was King in Jesurum when the Heads of the People and Tribes of Israell were gathered together Here is the King and both Houses with a legislative power Non de possessione sed de terminis est contentio the difference is not about the being of Parliaments but the bounds of Parliamentary Power As Parliaments in this latitude of signification have been both very ancient and very common so if he take the name strictly according to the present constitution of our Parliament he will not find it so very ancient here at home nor a Policy common to us with many Nations yea if the parts of the comparison be precisely urged with none not so much as our Neighbour Nation I pray God it be not some Mens aime to reduce our setled Form to a conformity with some forrein Exemplars But if it be understood to have such a fulnesse of power as he pretends according to his late found out art to regulate the moliminous body of the People it is neither ancient nor common nor ours He may seek such presidents in republicks but shall never find so much as one of them in any true Monarchy under Heaven I honour Parliaments as truely as the Observer yet not so as to make the name of Parliament a Medâ—…saes head to transform reasonable Men into stones I acknowledge that a compleat Parliament is that Panchreston or Soveraigne salve for all the Sores of the Common-wealth I doe admire the presumption of this Observer that dare find holes and defects in the very constitution of the Government by King and Parliament which he should rather adore at a distance as if he were of the posterity of Iack Cade who called himselfe Iohn Aâ—…ead all It is lâ—…wfull for these Men onely to cry out against innovations whilest themselveâ—… labour with might and maine to change and innovate the whole framâ—… of Government both in Church and 〈◊〉 We reade of Philip of Macedâ—…n that he gâ—…thered all the naughty seditiouâ—… fellowes in his Kingâ—…ome together and put theâ—…â—…ll into 〈◊〉 Câ—…y by themsâ—…lves which he called 〈◊〉 or 〈◊〉 Cheâ—…er I wish King Charles would doe the like if a Citty would contein them and make the Observer the head of the Corporation where he might molde his Governmâ—…nt according to hiâ—… prâ—…vate conceit And yet it cannot be denyed but the greatest and most eminent Councells in the World mâ—…y be either made or wrought by their Major Part to serve private endâ—… I omit the Lay Parliament 1404 and Sir Henry Wottons younge Parliament 18. Iacobi our Historians tell us of a Mad Parliament 1258 and the Parliament of Bâ—…tts or Bâ—…ttownes 1426 a kind of Weapon fitter for Cavâ—…leers then peaceable Assemblyes The Statuâ—…es of Oxford were confirmed by the Parliament at Weâ—…minster 1259 and ratified by a course against the breakers of them shortly after the King and Prince were both taken Prisoners yet in the Parliament following at Winchester 1255 all the said Acts were rescinded and disâ—…nulled and the King cryed quittance with his Adversaryes In the raigne of Edward the second after the Battell at Burton we see how the tydes of the Parliament were turned untill the comming of Qâ—…een Izabell and then the Floods grew higher then ever In the dayes of Richard the second how did the Parliamentâ—… change their Sanctions as the Câ—…maelion her colours or as Platina writeth of the Popes after Stephen had taken up the body of Formosus out of his grave It became an usual thing for the Successors either to infringe or altogether to abrogate the Acts of their Predecessors The Parliaments of 1386. and 1388. were contradicted and revoked by the subsequent Parliaments of 1397. and 1398 and these again condemned and disanulled by the two following Parliaments in 1399. and 1400 yea though the Lords were sworn to the inviolable observance of that of 1397 and Henry Bullenbrooke who was a great Stickler for the King in that Parliament of 1397. against the Appealants yet in that of 1399 was elected King by the Trayterous deposition of Richard and the unjust preterition of the right Heires Parliaments are sublunary Courts and mutable as well as all other Societyes If we descend a little lower to the times of Henry the sixt we shall find Richard Duke of Yorke declared the Lord Protector in Parliament yet without Title to the Crown in 1455. Shortly after we find both him and his Adherents by Parliament likewise attainted of High Treason in 1459. The yeare following 1460 he was again by Parliament declared not only Lord Protector but also Prince of Wales and right Heire to the Crown and all Acts to the contrary made voide and the Lords sweare to the observance thereof It rests not here the very next year 1461. his Sonne Edward the fourth not contented to be an Heire in reversion assumes the Imperiall Diadem and in Parliament is received actuall King The end is
of the bottomlesse sacks of their greedy appetites who gape after this prey and would thereby to their perpetall shame purchase to themselves a field of blood After he calls them Cormorants and protests against it as plaine Sacrilege A supply from hence As it is Sacrilegious in the opinion of their greatest Reformers so it would be inconsiderable either to inrich the Crown or to disingage the Kingdom or to satisfy the appetites or private ends of necessitous Persons Observer Having now premised these things I come to the maine difficulties lying at this time in dispute before us c. Answer We have now done with all the Observers grounds The remainder of his Treatise is either a repetition of the same matter in a new and diverse dresse as the Hoast of Chalcis served Titus Flaminius when he gave him severall services of a tame Hogge and yet by Cookery made him believe he fed upon choise variety of Venison Faire fall a good Cooke or else it is but superstructions builded upon the former Grounds which the foundations being substracted remain as Castles in the aire ready to fall of themselves without any further battery or else it is matter of fact which howsoever it be disguised by fictions in this feculent Age when the Father of lyes is let loose yet it is well enough known to the greater and better part of the Kingdome Such is the question of the Militia so often iterated by the Observer both in point of right and in point of fact such is the case of the impeached Members and that of the Tumults and Commotions at London and Westminster and that of those infamous Libells and invectives against his Majestyes Government both out of the Pulpit and Presse if not with incouragement yet without any restraint and some of them not onely against his Government but against Monarchicall Government in generall as this very Treatise of the Observers Concerning the first His Majesty hath set forth an expresse Declaration of the first of Iuly yet unanswered to say more in this were to bring Owles to Athens Concerning the latter His Majesty passing by ordinary and misled Persons chargeth the Heads and Contrivers of these Distractions and Libellous Invectives in his Declations of the 12 of August c. so as it seemes needlesse to take any further notice of them Such others are that of the Scotch Army and the surprising of Newcastle and the Earle of Straffords case whereas the Observer knows well enough that for the two former there is an Act of Oblivion and for the latter a proviso that it shall not be drawne into president which in effect is as much He cannot choose but know that otherwise something might be said in these cases which perhaps would trouble him to untwist To insult over one that hath his hands tyed or to brave one who iâ—… bound to the peace argues a degenerous Adversary Therefore to omit these and the like and to insist upon such onely as afford us either new matter or have more weigâ—…t of Reason added to them Whereof the principall without comparison is the businesse oâ—… Hull or Sâ—…r Iohn Hotham which runs so much in the Observâ—…s mind that he falls upon it nine or ten times in thiâ—… little Treatise and after he professeth to have done with it pag. 30 yet he relapseth into it again thriâ—… in the 33. 35. and 43. pages I shall not omit any thing that hath the least scruple of weight or moment to advantage Sir Iohn Hothams cause First it is confessed bâ—… the Observer That to possesse a Towne and shut the gâ—…es against the King is Treason A liberall concessioâ—…â—…e had an hard forehead that should deny it To dâ—…in one of the Kings ships or Castles onely withâ—…t danger to His Person is Treason what is it then â—…rst to inâ—…rude forcibly and then to detein injuriouslâ—… not a Pinnace or little Tower but one of the priâ—… Ports and Strengths of the Kingdom and in it tâ—… Kings whole Magazine or provision of Warre aâ—… to raise His Majestyes own Subjects to keep it with Muskeâ—…s bent against His Royall Brest They haâ—… need to be very saving Circumstances that can alteâ—… the nature of such an act or have virtue to transubstantiate Cataline into Camillus and change Treason into Loyalty Who made the Observer a Distinguisher where the Law doth not distinguish But let us view his Reasons without prejudice Three things are alledged first the circumstances of the action Secondly the intention of the Actors Thirdly the Authority of the Commanders For the first he saith The King was meerely denyed entrance for the time his generall Right was not denyed I doe easily beleeve that Sir Iohn meant not to hold Hull for ever If he did he is not such a Child to say so When the Lord Gray and his Complices had plotted to surprise the Tower or Dover Castle and to possesse themselves of the Persons of King Iames his Councell it was not their designe to hold those Forts or detein them Prisoners for ever but untill they had gained their own conditions which were the alteration of Religion and the distribution of the great Offices of the Kingdome among themselves yet it was never the lesse adjudged Treason and they condemned for it He addes No defying language was given to the King No more did Iudas give the King of Kings when he cryed Hail Master kissed him The Prophet complaineth of some that the words of their mouthâ—… were softer then butter but Warre was in their hearts It was as true as tarta censure which Iohannes Capocius a noble Romane gave of Innocent the third who did privately blow the coales betwixt Otho and Frederick O Holy Father your words are the words of God peaceable pious buâ—… your deeds are the deeds of the Devill He proceeds No act of violence was used though the King for diverse houres together did stand within musket shot and did use tâ—…rms of defyance and this makes the act meerely defensive oâ—… rather passive Passive how can that be notwithstanding the intrusion of Sir Iohn the King is still the Possessor and the deteining is forcible in the eye of the Law This very plea argues a rotten and a trayterous heart To kill an innocent and an anoynted King in the sight of the Sun requires an height of impiety a longer preparation of Partners and instruments fleshed in Blood and Mischiefe He that should have commanded such a shot had need to have given his charge in ambiguous terms as Edvardum occidere nolite timere bonum est or otherwise might have been thrown over the walls for his Labour If such a shot had fayled it had been destructive to the Actor and all his Partakers if it had taken it would have made them stinke in the 〈◊〉 of all good Men but for my part I doe not beleeve there was any such intention Howsoever we have been told that in the place
discover I would every Englishman had it ingraven in his forehead how he stands affected to the Commonwealth We Beetles did see no signes of civill Warre but all of Peace and Tranquillity but the Observer and his Confederates being privy to their own plots to introduce by the sword a new form of Government both into State and Church might easily foresee that they should stand in need of all the strength both in Hull and Hell and Hallifax to second them whereof yet all true Englishmen do acquit the Parliament in their hearts desires though the Observer be still at his old ward shuffling Sir Iohn Hotham out and the Parliament in so changing the state of the question But what weight that consideration hath follows in his next and last Allegation Sir John Hotham is to be looked on as the Actor the Parliament as the Author in holding Hull And therefore it is much wondred at that the King seems more violent against the Actor then the Author but through the Actor the Author must needs be pierced c. And if the Parliament be not virtually the whole Kingdome it selfe If it be not the Supreme Iudicature as well in matters of State is matters of Law If it be not the great Councell of the Kingdome as well as of the King to whom it belongeth by the consent of all Nations to provide in extraordinary cases Ne quid detrimenti capiat Respublica Let the brand of Treason stick upon it Nay if the Parliament would have used this forcible means unlesse petitioning would not have prevailed or if the grounds of their Iealousie were meerly vain or if the Iealousie of a whole Kingdome can be counted vain Let the reward of Treason be their guierdon Hitherto the Observer like the wily Fox hath used all his sleights to frustrate the pursuit of the Hounds but seeing all his fetches prove in vain he now begins to act the Catte and flyes to his one great helpe to leape up into a Tree that is the Authority of Parliament ut lapsu graviore ruat that he may catch a greater fall By the way the Observer forgets how the King is pierced through the sides of Malignant Counsellers Three things are principally here considerâ—…ble First whether Sir Iohn Hotham had any such Command or Commission from the Parliament Secondly if he had whether he ought to have produced it Thirdly supposing he both had it and produced it whether it be valid against His Majesty or whether an illegall Command do justifie a Rebellious Act. To the first of these I take it for granted That a Commission or an Ordinance for Sir Iohn to be a meer Governour of Hull doth not extend to the Exclusion of His Majesty ouâ—… of Hull nor Warrant Sir John to shut the Gares against His Soveraign if it did every Governour might do the same and subordinate Command might trample upon Supreme Neither can a posteriour approbation warrant a precedent excesse for this is not to authorise but to pardon the sole power whereof is acknowledged to be in His Majesty without any sharers To the first question therefore the answer is Sir John Hotham had no such Warrant or Commission from the Parliament He himselfe confessed That he had no positive or particular Order How should he know of His Majesties comming by instinct or a Propheticall Spirit A negative can not ought not to be proved the proofe rests whollyon Sir Johns side and can be no other then by producing the Ordinance it selfe or his instrument whereby he can receive the sense of the House from Westminster to Hull in an instant If he have not a precedent Ordinance to shew it is in vain to pretend the Authority of Parliament To the second question Admitting but not granting that he had such an Ordinance whether could it be availeable to him being not produced when it was called for and demanded so often by His Majesty De non apparentibus non existentibus eadem est ratio Whether there was no such Ordinance or no such Ordinance did appeare is all one both in Law and reason He that can reade and will not make use of his Clergy suffers justly He that hath a Warrant and will not produce it may cry Nemo laeditur nisi a seipso No Man is hurt but by himselfe A known Officer so long as he keeps himselfe within the sphere of his own activity is a Warrant of himselfe But he that it imployed extraordinarily or transcends the bounds of Common Power must produce his Authority or take what falls Sir John hath not yet gained so much credit that his ipse dixit his word should be a sufficient proofe or his Testimony in his own case taken for an Oracle Thirdly admitting that Sir John had such an Ordinance and likewise that he did produce it for if we admit neither he can prove neither yet the question is how valid this Ordinance may be as to this act I doubt not at all of the Power of Parliament that is a compleat Parliament where the King and both Houses doe concurre but an ordinance without the King against the King alters the case this may have the Authority of both Houses perhaps but not of a complete Parliament Secondly the Power of both Houses is great especially of the Lords as they are the Kings Great Councell and in that relation are the Supreme Judicature of the Kingdome but before the Observer said it I never thought the Commons did challenge any share of this Judicature except over their own Members or preparatory to the Lords or that they had power to administer an Oath which the Apostle saith is the end of all strife who ever knew any Judicature without power to give an Oath This makes the Observers new devise of the people meeting in their underived Majesty to doe justice a transparent fiction It is not the Commons but the Lords or the Kings Councell that challenge Supreme Judicature But take both Houses with that latitude of Power which they have either joyntly or severally yet His Majesty saith they have no power over the Militia of the Kingdome or over his Forts or Magazines he avoucheth for it the Common Law Statute Law Presidents Prescriptions we have not yet heard them answered nor so much as one instance since the beginning of this Monarchy given for a president of such an Ordinance or of any new Ordinance binding to the Kingdom without his Majestyes concurrence in Person or by Commission If the Observer have any Law or President or Case he may do well to produce it if he have none he may sit down hold his peace his remote inconsequent consequences drawn from the Law of Nature are neither true nor pertinent Yet I never heard that Sir Iohn did allege any authority from the House of the Lords but from the House of Commons onely This brings the Parliament still into a straiter roome as if it were totum homogeneum every part to
are here under written doe protest before Almighty God and all good Christians to be ready with all cheerfullnesse and willingnesse to our powers with our Lifes and Estates to defend the same against all opposition whatsoever Observe first what Gudgeons he makes them swallow How doe they know that the King is seduced Sir Iohn tells them so Or that His Majesty intended to make Warre against Hull unlesse because their Consciences told them they had given him just grounds to doe so It was Sir John Hotham not the Town of Hull which was accused by His Majesty Observe how he makes his act the act of the whole Town who have done nothing and yet they poore men were mued up in their Houses whilest it was a doing Lastly how they affirme that he hath done nothing but by order of Parliament yet it is certain many who were require to protest and were banished for not proâ—…esting I believe not one of them all did ever yet see this Order how could they see that which never was for these men to know that he had an Order to know that he did not exceed his Order is miraculous Upon these feined grounds they build their solemne Protestation what to doe To defend Hull against all opposition whatsoever His Majesty is not excepted and the first words For as much as thâ—… King being seduced c. shews that His Majesty is principally intended To save and defend the Town to Our Soveraigne Lord the King and His Heires So saith the Oath To defend it against all opposition whatsoever yea of the King seduced so saith the Protestation Now if these two be not repugnant directly one to another if every man that hath taken this Protestation be not directly perjured Reddat mihi minam Diogenes Let him that taught me Logique give my mony again What is this but to intangle and ingage God in Rebellion and to put his broad Seale to Letters counterfeited by themselves They suffered much who were banished for not protesting but they more who stayed at home with such hazard of their Soules Some men may be so silly as to aske whether of these two ingagements the Oath or the Protestation ought to be kept The case is clear the former Obligation doth alwayes prejudge the latter the latter Will is best but the first Oath The Protestation is plaine perjury and to persevere in it is to double the sinne Dura promissio aecerbior solutio to make the Protestation was ill to keep it is worse David protested as much against Naball yet upon better consideration ensem in vaginaâ—… revocavit he retracted it Secondly an Oath made by one that is not sui juris who hath not power over him selfe in that which he sweares is voide even when it is made As for a Child or a Wife to sweare against their Filiall or Conjugall Duty or for a Subject to sweaâ—… against his Allegiance and such an one was that Protestation this is sufficient to make it voide To which much more might be added as that the former Oaths were grounded both upon a naturall and a civill Obligation were freely assumed but this Protestation was meerely forced the former were taken before a lawfull Magistrate the latter before an Intruder who had no power to administer such a Protestation But I have dwelt long enough on this point I wish our great Citties who have taken the like Oath may lay it to heart In the close of this point the Observer tells us that if Faux had fallen by a private mans sword in the very instant when he would have given fire to his train that act had not been punishable What then will he compare the Soveraigne Magistrate to a Powder Traytour or his undermining the Parliament House with the Kings repairing to his own Town or his blowing up His Majesty and the Peeres with the Kings requiring his own goods This is false and painted fire the traine was laide the other way Quicquid ostendat mihi sic incredulus odi The next considerable Observation is concerning Ireland A Tragicall Subject which may justly challenge our teares and prayers The Observer falls upon this in the 17. 29. and 36. pages of this Treatise and likewise in his Observator defended and other Discourses lately published either without a name or under another name The condition of Ireland is so much the more to be deplored by how much the lesse it could then be expected when Religion began to shew its beames over the face of that Kingdom yea without any pressure to the Conscience of any man except such as were introducers of innovations into the publike service of the Church when the Law had obteined a free current throughout the whole Island when the scale of equity gave the same weight to Gold and Lead and the equall administration of Justice to Rich and Poore did secure the inferiour Subjects from oppression when there was a dayly growth of all Arts and Trades and Civility when that which was formerly so great a burthen to this Crown in the ordinary accounts every year was now become able not onely to defray its own charge but also make a large supply to His Majestyes Revenue when all the orders of that Kingdom had so lately given an unanimous expression of their Zeal and Devotion to His Majestyes Service That on a suddain the Sky should be so totally overcast with a pitchy cloud of Rebellion That all our fairest hopes should be so unexpectedly nipped in the bud deserves a little inquisition into the true reason of it Some who have long since learned that a dead man cannot bite are bold to cast it on the Earle of Straffords score how justly let these two considerations witnesse First that the prime Actors in this Warre were as great opposers and Prosecutors of the Earle Members of the same Faction may feine quarrells among themselves in publike only to gain upon a credulous party and to inable themselves to doe more mischief but this never proceeds so far as blood Secondly looke who they are in Ireland whose Heroicall actions in such a scarcity of necessary supplyes have mainteined the English and the Protestant cause and you shall find very many of them the intimate Friends of the Earl of Strafford and principall Commanders in the Irish Army called the Popish Army which was said to be intended against England if you inquire further into the long Robe for Counsell you will find the same observation made good Then let the Earles ashes rest in peace for this Others bred out of the excrements of those Giants who made Warre against Heaven cast this upon his sacred Majesty To use the Observers words An absurd unreasonable incredible supposition That he who may boast more truely then Pericles could upon his deathbed that never one Athenian did wear black for his sake Now as if all his former goodnesse were but personated or Neroes Soule had transmigrated into his Body should delight
reward of a Lyar not to be trusted in other matters And first for Doctor Whitakers Bellarmine objects against the Protestants that they take away Bishops He answers Neqâ—… 〈◊〉 totâ—…m Episcopoâ—… orâ—… 〈◊〉 â—…t ille falso â—…lumniatur sed Pseudâ—… Episcopâ—… tantum Pontificios We doe not condemne all the order of Bishops as he that is Bellarmine we may say the Prefacer falsly slanders us but onely 〈◊〉 falsâ—… Bishops of the Church of Rome And about the same place speaking of that ancient constitution that three Bishopâ—… should be present at the Ordination of a Bishop he affirmes that it was a good and a godly sanction and fit for those good times Doctor Fulke expresseth himselfe home That among the Clergy for order and seemely Government there was alwayes one Principall to whom the name of Bishop or Superintendent hath been applyed by long use of the Church which roome Titus exercised in Crete Timothy in Ephesuâ—… others in other places That though a Bishop and â—…n Elâ—…r is of one Order and Authority in preaching the Word and administring the Sacraments yet in Government by ancient use of Speech he is onely called a Bishop who in Scripture is called proestaâ—…enos proestâ—…s â—…egoumenos Rom. 12. 8. 1 Tim. 5. 7. Heb. 13. 17. that is the chiefe in Government to whom the Ordination or Consecration by imposition of Hands was alwayes principally committed So according to Doctor Fulke the name is from Man but the Office from God I I beseech thee Reader view the three places cited by him at leisure and thou shalt see who are the Rulers â—…nd Governours and Ruling Elders mentioned in Hoâ—…y Scripâ—…ures in the judgement of Doctor Fulke Lastly Doctor Reynolds is of the same minde That the Elders ordeined by the Apostles did choose one among them to be President of their Company and Moderator of their actions as of the Church of Ephesus though it had sundry Elders and Pastors to guide it yet among these sundry was there one chief whom our Saviour calleth the Angell of the Church c. And this is he whom afterwards in the Primitive Church the Fathers called Bishop c. So that by Doctor Reynolds though not for the name yet for the thing Episcopacy was in the Church even when Saint Iohn writ the Revelation and was approved by our blessed Saviour from Heaven Fifthly In a difference of Wayes every pious and peaceable Christian out of his discretion and care of his own salvation will inquire which is via tutissima the safest way Now the Separatists themselves such as have either Wisedome or Learning doe acknowledge that Holy Orders are truely that is validly given by the Ordination used in our Church I meane not such as either hold no outward calling to be needfull as the Anabaptists or make the Church a meere Democracy as the Independents but on the other side a very great part of the Christian World and among them many Protestants doe allow no Ordination to be right but from Bishops And even Saint Ierome who of all the Fathers makes the least difference between a Bishop and a Presbiter yet saith VVhat can a Bishop doe which a Presbiter doth not except Ordination And seeing there is required to the essence of a Church 1. a Pastor 2. a Flock 3. a Subordination of this Flock to this Pastor where we are not sure that there is right Ordination what assurance have we that there is a Church I write not this to prejudge our Neighbour Churches I dare not limit the extraordinary operation of Gods Spirit where ordinary meanes are wanting without the default of the Persons he gave his People Manna for food whilest they were in the Wildernesse Necessity is a strong plea Many Protestant Churches lived under Kings and Bishops of another Communion others had particular reasons why they could not continue or introduce Bishops but it is not so with us It was as wisely as charitably said of Saint Cyprian If any of my Predecessours through ignorance or simplicity have not holden that which our Lord hath taught the mercy of the Lord might pardon them c So if any Churches through necessity or ignorance or newfanglednesse or Covetousnesse or Practise of some Persons have swerved from the Apostolicall rule or Primitive institution the Lord may pardon them or supply the defect of Man but we must not therefore presume It is Charity to thinke well of our Neighbours and good Divinity to looke well to our selves But the chief reason is because I do not make this way to be simply necessary but onely shew what is safest where so many Christians are of another mind I know that there is great difference between a valid and a regular Ordination and what some choise Divines do write of case of Necessity and for my part am apt to believe that God looks upon his People in mercy with all their Prejudices and that there is a great Latitude left to particular Churches in the constitution of their Ecclesiasticall Regiment according to the exigence of Time and Place and Persons So as Order and his own Institution be observed Sixtly those Blessings which the English Nation have received from that Order do deserve an acknowledgement By them the Gospell was first planted in the most parts of England By their Doctrine and Blood Religion was reformed and restored to us By the learned writings of them and their Successors it hath been principally defended Cranmer Ridley Latimer Hooper were all Bishops Coverdale excercised Episcopall Jurisdiction With what indignation doe all good Protestants see those blessed Men stiled now in Print by a younge novice halting and time-serving Prelates and common stales to countenance with their prostituted gravities every Politick fetch It was truely said by Seneca that the most contemptible Persons ever have the loosest tongues The Observer confesseth that Magna Charta was penned by Bishops no ill service Morton a Bishop of Ely was the Contriver and Procuâ—…er of the Union of the two Roses a great blessing to this Nation Bishop Fox was the instrument imployed to negotiate and effect the union of the two Kingdomes In former Distractions of this State Bishops have beene Composers and Peace-makers according to their Office now they are contemned and in their roomes such Persons are graced whose Tongues are like that cursed Bay-Tree which caused brawling and contention wheresoever it came England owes many of her Churches Colleges Hospitalls and other Monuments of Piety and Charity to Bishops It requires good advise before we expell that Order which of Infidells made us Christians and that the the reasons should appear to the World An Act of any Society how eminent soever wherein are none of the Clergy may sooner produce submission then satisfaction to the Conscience Seventhly we have had long experience of Episcopall Government if it have been accidentally subject to some abuses I desire to know what Government in the World is free from
abuses yet late and deare experience hath taught us that much of that rigour which we complained of was in some sort necessary If the Independents should prevail who are now so busy breaking down the Walls of the Church to bring in the Trojan Horse of their Democracy or rather Anarchy doe but imagine what a confused mixture of Religions we should have Affricke never produced such store of diversified Monsters But to passe by them as unworthy of our stay and to insist onely in that Forme of Church Regiment which of all new Forms is most received I intend not accidentall abuses which from ignorant and unexperienced Governours must needs be many but some of those many Grievances which flow essentially from the Doctrin it selfe First for one High Commission we shall have a Presbytery or younge High Commission in every Parish Our Bishops are bound to proceed according to Law but this new Government is meerely Arbitrary bounded by no Law but their own Consciences If the Bishops did us wrong we had our Remedy by way of appeale or prohibition but they admit no appeale except to a Synod which in a short Session cannot heare the twentieth part of just grievances Our Law allowes not a Judge to ride a Circuit in his own Country least Kindred or Hatred or Favour might draw him to injustice what may we then expect from so many Domesticall Judges whose affections are so much stronger then their reasons but siding and Partiality yet they blush not to tell us that this is the Tribunall of Christ Châ—…st hath but one Tribunall in Heaven his Kingdom is not of this World That these are the Laws of Christ the Laws of Christ are immutable They alter theirs every Synod That their Sentence is the Sentence of Christ alas there is too much Faction and Passion and Ignorance Heretofore we accused the Pope for saying that he had one Consistory with Christ doe we now goe about to set up Petty Popes in every Parish and are they also become infallible in their Consistoryes at least in their conclusion not onely in matters of Faith but also of Fact These are generall Grievances In particular His Majesty shall lose His Supremacy in Causes Ecclesiasticall His Patronages His first Fruits Hâ—…s Tenths and worse then all these the dependence of His Subjects He shall be subjected to Excommunication by which Engine the Popes advanced themselves above Emperours The Nobility and Gentry shall be subjected to the censures of a raw rude Cato and and a few Artificers They shall lose their Advowsons the People must elect their own Ministers They shall hazard their impropriations The two eyes of the Kingdome the Universities shall be put out The Clergy shall have their straw taken away and the number of their bricks doubled The People shall groane under the Decrees of a Multitude of ignorant unexperienced Governours be divided into Factions about the choise of their Pastors be subject to censure in sundry Courts for the same offence be burthened with Lay-Elders who if they please may expect according to the Apostolicall institution upon their grounds double â—…onour that is maintenance If there arise a private â—…arre between the Parent and the Child the Husband and the Wife they must know it and censure it Scire volunt secreta domus atque inde timeri All men must undergoe the danger of contrary Commands from coordinate Judges then which nothing can be more pernicious to the Consciences or Estates of Men Nulla hic arcana revelo These are a part of the Fruits of their most received Government who oppose Bishops if they doe not all shew themselves in all places remember the Observers Caution They wanted power to introduce them as yet As some Plants thrive best in the shade so if this Form of Regiment shall agree best with the constitution of some lesser Commonwealths much good may it doe them so they will let us injoy the like favour Petimus damusque vicissim Eightly those Arguments which they urge out of Scripture against Episcopacy are meere mistakes confounding the power of Superiority itselfe with the vitious affectation or Tyrannicall abuse of it and are none of them to the purpose As those two Texts that are most hotly urged The Kings of the Gentiles excercise Dominion over them but ye shall not be so and that of Saint Peter Neither as being Lords over Gods Heritage but being Ensamples to the Flock do admit as many Answers almost as there are words in each of them but they are not needfull For no man that ever I read of did say that Bishops had any such Despoticall or Lordly Dominion annexed to their Office but onely a Fatherly power And if these Places be to be understood in that sense which they would have them they doe as much overthrow all their new Presidents and Moderators and Visiters and their whole Presbytery as they would have them to doe Episcopacy Neither Christ nor Saint Peter did ever distinguish between temporary and perpetuall Governours between the Regiment of a single Person and a Society or Corporation They like not the name of Lord but that of Master they love dearely yet that is forbidden as much as the other Neither be ye called Master for one is your Master even Christ. And whilest they reject the Government of a President or chief Pastour yet they stile their own new devised Elders Ruling Elders and understand them still in the Scripture by name of Governours Ninthly waving all these and all other advantages of Scriptures Fathers Councells Historyes Schoolemen because it is alledged that all other Protestant Churches are against Episcopacy I am contented to joyn the issue whether Bishops or no Bishops have the major number of Protestant Votes First the practise of all the Protestant Churches in the Dominions of the King of Sweden and Denwarke and the most of them in High Germany doe plainly prove it each of which three singly is almost as much as all the Protestant Churches which want Bishops hut together to say nothing of His Majesties Dominions all these have their Bishops or Superintendents which is all one But for the point of practise heare Reverend Zanchy a Favourer of the Disciplinarian way In Ecclesiis Protestantium non desunt reipsa Episcopi c. In the Churches of the Protestants Bishops and Arch-Bishops are not really wanting whom changing the good Greek Names into bad Latine Names they call Superintendents and generall Superintendents Where neither the good Greek names nor bad Latine names take place yet there also there use to be some principall Persons in whose hands almost all the authority doth rest Neither is their practise disagreeing from their Doctrin To begin with those who first were honoured with the name of Protestants who subscribed the Augustane Confession among whom were two Dukes of Saxony two Dukes of Luneburge the Marquesse of Brandburge the Prince of Anhalt and many other Princes Republicks and Divines Thus