in the blood and slaughter of his Subjects To what end to exhaust his Treasure lose his Revenues weaken his Friends deprive himselfe of the certain assistence of his Subjects at a time when he conceives it to be so usefull for his affaires They had need be strong proofes indeed that can incline the judgement of any rationall Man to such a senselesse Paradox Let us view them First The Rebells said so They pleaded the Kings Authority They called themselves the Queenes Army Is not this a doughty Argument By the same reason we may accuse Christ as the Patron of all Schismaticall Conventicles because they say here is Christ and there is Christ some out of a credulous simplicity others out of a deep subtlety or ascribe the Primitive Haeresies to the Apostles because the false Teachers did use their names to make their Haeresies more current So Sir Iohn Hotham and Serjeant Major Skippon doe pretend the Authority of King and Parliament the King disclaimes both the one and the other many who are now in Arms against the King do verily beleeve they fight for the King against some bad Counsellers whom they cannot name The same Rebells sometimes pleaded an Ordinance of Parliament Nothing is more usuall with Pirates then to hang out a counterfeit Flagge A second reason is Sundry Commanders of note were passed over into Ireland by his Majestyes warrant who were seen presently after in the head of the Rebells His Majesty hath long since answered this and demanded reparation of such a groundlesse Calumny I onely adde two things The one how ignorant our intelligencers are of the State of Ireland to fein such a devise of a Brother of Sir George Hamletons yet Sir George hath no Brother there but Sir Fredericke who was then and long after in Manour Hamleton as opposite to the Irish Rebells as the Observer himselfe The other is if this were true yet it were but a poor collection There are many who have had not onely Warrants under the Kings hand but Letters Patents under his Broad Seale who owe their very subsistence to His Majestyes bounty yet have made a shift to creepe from his bosome out at his sleeve If such a thing had been as it is an impudent Fiction yet these are neither the first nor the last that have betrayed the trust of a Gracious King The third and last reason is because His Majesty was not so active to represse this insurrection nor so ready to proclaime them Traytours so the Observer He that will not accuse the King of zeal against the Irish Rebells yet he may truely say there is not the same zeal expressed that was against the Scots c. The proffered supplyes of the English and Scottish Nation are retarded opportunityes neglected nice exceptions framed This plea is pertinent to make the King though not the Contriver yet the Conserver of that Rebellion but is as false as the Father of Lyes from whom it proceeds Hear His Majesty himselfe The Irish Rebells practise such unhumane and unheard of outrages upon our miserable People that no Christian care can hear without horrour nor Story paralell And as we looke upon this as the greatest affliction it hath pleased God to lay upon us so our unhappinesse is increased in that by the distempers at home so early remedyes have not beene applyed to those growing evills as the necessity there requires And we acknowledge it a high Crime against Almighty God and inexcusable to our good Subjects if we did not to the utmost imploy all our powers and faculties to the speediest and most effectuall assistence and protection of that distressed People He conjures all His loving Subjects to joyne with him in that Worke He offers to hazard his sacred Person in that Warre To ingâ—…ge the revenues of his Crowne what can the Observer desire more perhaps he may say these Offers came late and unseasonably Then let us looke backward to His Majestyes Proclamation of the first of Ianuary 1641 soon after his return from Scotland in a time of so great Distractions here at home when that Remonstrance which ushered in all our Feares and Troubles was ready to be published Let them shew that any Course was presented to His Majesty before this either by his great Councell to whom he had committed the care of it or by his Lords Justices and Councell of Ireland who were upon the place We abhorring the wicked Disloyalty and horrible Acts committed by those Persons do hereby not onely declare our just indignation thereof but also do declare them and their Adherents and Abetters and all those who shall hereafter joyne with them or commit the like acts on any of our good Subjects in that Kingdome to be Rebells and Traytours against our Royall Person and Enemyes to our Royall Crown of England and Ireland c. Commanding them to lay down Arms without delay or otherwise authorizing and requiring his Lord Iustices there and the Generall of His Majesties Army to prosecute them as Traytours and Rebells with fire and sword But if we look further still when the first tydings of this cursed Rebellion came to His Majesty in Scotland he did not sleep upon it but presently acquainted both His Parliaments with it required their assistence recommended it to their care promised to joyn in any course that should be thought fit Neither did His Majestyes care rest there but at the same time he named six or seven â—…olonels in the North of Ireland to raise Forces instantly to suppresse that insurrection which was done accordingly and they say if some had been as active then as they were made powerfull by the confluence of that part of the Kingdome in all probability that Cockatrice egge had been broken sooner then hatched before that ever any of the old English and many of the meer Natives had declared themselves In pursuance of these premises when the Act for Undertakers was tendered to His Majesty he condiscended freely to give away all his Escheats to this Worke an Act not to be paralelled among all his Predecessors yea though some clauses in that Statute especially for the limitation of His Majestyes Grace might seem to require a further discussion The wants of Ireland and the present condition of England doe speak abundantly whether those great Summes of Mony or those great Forces raised for that end have been imployed to the use for which they were solely designed yet Rabshekeh will not want a pretext to raile aâ—… good Hezekiah though Spider like he suck poison out of the sweetest Flowers Surely there must be some fire whence all this smoake hath risen Perhaps they conceive that His Majesty was not willing without good advise upon the first motion to put all his strong Forts in the North of Ireland into the hands of the Scotch Army can you blame him considering the present State of Affaires there I dare referre it to any mans judgement that is not wholy prepossessed with
People who elect them but from the King who creates them Fourthly you tell us that the Power of a King is to have powerfull Subjects and to be powerfull in his Subjects not to be powerfull over his Subjects Your reason halts because it wants a caeteris paribus several Kings may have severall advantages of greatnesse The truth is neither many powerfull Subjects without obedience nor forced obedience without powerfull and loving Subjects dâ—… make a great and glorious King But the concatenation of Superiours and Inferiours in the Adaman tine bonds of Love and Duty When Subjects are affected as Scillurus would have his Sonns for concord as Scipio had his Souldiers for obedience which they prised above their lifes being ready to throw them selves from a Tower into the Sea at their Generallâ—… command this is both to be great in Subjects and over them The greatest Victoryes the greateâ—… Monarchyes are indebted for themselves to this lowly beginning of obedience It is not to be a King of Kings nor a King of slaves nor a King of Devills you may remember to whom that was applied but to be the King of Hearts and Hands and Subjects of many rich loving and dutifull Subjects that makes a powerfull Prince As for the present puissance of France can you tell in what Kings Reigne it was greater since Charlemaine Neverthelesse admitting that the Peasants in France as you are pleased to call them suffer much yet nothing neare so much as they have done in seditious times when Civill Warrâ—… raged among them when their Kings had lesse power over them which is our case now God blesse us from Tvrany but more from Sedition If the Subjects of France be Peasants and the Subjects of Germany be Princes God send us Englishmen to keep a mean between both extremes which our Fore-Fathers found most expedient for all parties Observer But thus we see that Power is but secondary and derivative in Princes the Fountain and efficient cause is the People and from hence the inference is just the King though he be singulis Major yet is he universis Minor for if the People be the true efficient cause of Power it is a Rule in Nature quicquid efficit tale est magis tale And hence it appears that at the founding of authorities when the consent of Societies conveyes rule into such and such Hands it may ordaine what conditions and prefix what bounds it pleases and that no dissolution ought to be thereof but by the same power by which it had its Constitution Answer Thus we see your Premisses are weake and naught your argument proceeds from the staffe to the corner and your whole discourse is a Rope of Sand. First your ground-work that the People is the Fountain and efficient of Power totters and is not universally true Power in the abstract is not at all Power in the concrete is but sometimes from the People which is rather the application of power then Power itselfe Next your inference from hence which in this place you call just and a little after say that nothing is more known or assented unto that the King is singulis major but universis minor greater then any of his Subjects singly considered but lesse then the whole collected Body is neither just nor known nor assented unto unlesse in that Body you include His Majesty as a principall Member And yet if that should be granted you before it would doe you any good these universi or this whole Body must be reduced to the Major or greater part and this diffused and essentiall Body must be contracted to a representative Body unlesse we may believe your new Learning that the Essentiall and Representative Body are both one But waving all these advantages tell me Sir might you be perswaded to follow Licurgus his advise to try this Discipline at home before you offer it to the Commonwealth could you be contented that all your Servants together or the Major part of them had power to turne you out of your Mastership and place your Steward in your roome or your Children in like case depose you from your Fatherhood No I warrant you the case would soone be altered And when the greatest part of the sheep dislike their Sheepheard must be presently put up his Pipes and be packing Take heed what you doe for if the People be greater then the King it is no more a Monarchy but a Democracy Hitherto the Christian World hath believed that the King is post Deum secundus the next to God solo Deo minor onely lesse then God no Person no Body Politick between that he is Vicarius Dei Gods Vicegerent The Scriptures say that Kings reigne not over Persons but Nations that Kings were anointed over Israell not Israelites onely Saul is called the head of the Tribes of Israell Our Laws are plain we have all sworn that the Kings Highnesse is the onely Supreme head if Supreme then not subordinate if onely Supreme then not coordinate and Governour of this Realme His Highnesse is Supreame Governour that is in his Person in his Chamber as well as in his Court The ancient Courts of England were no other then the Kings very Chamber and moveable with him from place to place whence they have their name of Courts Supreme Governour of this Realme collectively and not onely of particular and individuall Subjects In all causes and over all Persons then in Parliament and out of Parliament Parliaments doe not alwayes sit many Causes are heard many Persons questioned many Oaths of Allegiance administred between Parliament and Parliament The same Oath binds us to defend him against all conspiracies and attempts whatsoever which shall be made against his Person or Crown to defend him much more therefore not to offend him against all Conspiracies and Attempts whatsoever that Oath which binds us to defend him against all attempts whatsoever presupposeth that no attempt against him can be justified by Law whether these attempts be against his Person or his Crown It will not serve the turn to distinguish between his Person and his Office for both the Person and the Office are included in the Oath Let every Subject lay his hand upon his heart and compare his Actions with this Oath in the fear of God When the great representative Body of Parliament are assembled they are yet but his great Councell not Commanders He calls them he dissolves them they doe not choose so much as a Speaker without his approbation and when he is chosen he prayes His Majesty to interpose his Authority and command them to proceed to a second choise plane propter modestiam sed nunquid contra veritatem The Speakers first request is for the Liberties and Priviledges of the House His Majesty is the fountain from which they flow When they even both Houses do speak to him it is not by way of mandate but humble Petition as thus most humbly beseech your most excellent Majesty your faithfull and
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
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
to themselves and the King is not so much interested iâ—… it as themselves t is more inconvenienâ—…e and injuâ—…ice to deny then grant it what blame is it the 〈◊〉 Prinâ—…es when they will pretend reluctance of Conscience and Reason in things behâ—…vefull for the People Answer That which His Majesty saith that a Man may not goe against the Dictâ—…te of Hi own Conscience is so certain that no Man that hath his eyes in his head can deny it The Scripture is plain he that doubteth is damned if he eate because he eateth not of Faith for whatsoever is not of Faith is Sinne. Reason is as evident that all circumstances must concurre to make an action good but one single defect doth make it evill Now seeing the approbation of Conscience is required to every good action the want thereof makes it unlawfull nor simply in it selfe but relatively huic hic nunc to this Person at this time in this place Therefore all Divines doe agree in the case of a scrupulous Conscience that where a Man is bound by positive Law to doe any Act and yet is forbidden by the Dictates of his own Conscience to do it he must first reform his understanding and then perform obedience And this in case where a thing already is determined by positive Law but in His Majestyes case where the question is not of Obedience to a Law already constituted and established but of the free election or assenting to a new Law before it be enacted it holds much more strongly But yet this is not all there is a third obligation a threefold cord is not easily broken Take one instance the King iâ—…â—…nd by His Coronation oath to defend the Church to preserve to the Clergy all Canonicall Privileges the free franchises granted to them by the glorious King Saint Edward and other Kings Now suppose such a Bill should be tendred to His Majesty to deprive them of their temporall goods as was tendred to Henry the fourth in that Parliament called the Lay Parliament suppose that His Majesty is very sensible of the obligaon of His Oath but sees no ground of dispensation with his oath the Clergy as then Thomas Arundell Arch-Bishop of Canterbury are his Remembrancers and consent not to any alteration what should a King doe in this case in the one â—…cale there is Law Conscience and Oath in the other the tender respect which he beares to a great part yet but a part of his people I presume not to determine but our Chroniclers tell us what was the event then That his Majesty resolved to leave the Church in as good State or better then he found it That the Knights confessed their error and desired forgivenesse of the same Arch-Bishop That when the same motion was renewed after in the same year of his Raigne the King commanded them that from thenceforth they should not presume to move any such matter Even as his Predecessor Richard the second in the very like case had commanded the same Bill to be cancelled Kings then did conceive themselves to have a negative voice and that they were not bound by the votes of their great Councell These grounds being laid the Observers instances will melt away like Winter ice First the Oath and obligation is visible and certain but the dispensation or necessityof alteration is invisible and uncertain Secondly the rule that a man may not contradict his own Conscience for the advise of any Counseller is universall and holds not onely in actions judiciary whether sole or sociall but generally in all the actions of a Mans Life Thirdly the understanding is the sole Judge or Directer of the will the sin of Pilate was not to contradict Revelations which he never had but for fear of complaints and out of a desire to apply himselfe to an inraged Multitude to condemne an innocent Person The â—…bservers instance in the Earle of Strafford might well â—…ave been omitted as tending to no purpose unlesse 〈◊〉 be to shew his inhumanity and despight to the dead â—…shes of a Man who whilest he was living might â—…ave answered a wâ—…ole Legion of Observers and at â—…is death by his voluntary submission and his owne â—…etition to His Majesty did endeavour to clear this â—…oubt and remove these scruples Take the case as â—…he Observer states it yet justice is satisfied by his â—…eath and if it were otherwise yet it is not meet for â—…im or me for to argue of what is done by His Majesty â—…r the great Councell of the Kingdom That rancour â—…s deep which pursues a Man into another World But where the Observer addes That His Majesty was not the sole Judge and that he was uncapâ—…ble of sitting Judge at all I conceive he is much mistaken His Majesty may be Authoritative Judge where he doth not personally sit and the naming of a Delegate or High Steward to be a pronunciative Judge doth not exclude the principall The instance of a Judge giving sentence according to the major number of his Fellow Judges though contrary to his own opinion is altogether impertinent for this is the judgement of the whole Court not of the Person and might be declared by any one of the Bench as well as another Such a Judge is not an Authoritative Judge but proâ—…unciative onely neither can he make Law but declare it without any negative voice The other instance of a Juror concurring with the greater number of his Fellow Jurors contrary to his Conscience is altogether false and direct Perjury Neither of them are applicâ—…ble to Hiâ—… Majesty who 〈◊〉 powâ—…r both to execuâ—…e and pardon It is true necessiâ—…y of Stâ—…te justifies many thingâ—… which otherwise were inexcusable and it is as truâ—… that it is not lawfull to doe evill that good may comâ—… of it His last assertion that where the People by publickâ—… authority will seek any inconvenience to themselves anâ—… the King is not as much interessed as themselves it 〈◊〉 more injustice to deny then grant it iâ—… repugnant to whaâ—… he saith a little after that if the People should be sâ—… unnaturall as to oppose their own prâ—…servation the Kinâ—… might use all possible meanes for their safety and mucâ—… more repugnant to the truth The King iâ—… the Father oâ—… his People he is a bad Father that if his Sonne askâ—… him a stone in stead of bread or a Scorpion in steaâ—… of a Fish will give it him That Heathen was mucâ—… wiser who prayed to Iupiter to give him good thingâ—… though he never opened his lippes for them and to withhold such things as were bad or prejudiciall though he petitioned never so earnestly for them Suppose the People should desire Liberty of Religioâ—… for all Sects should the King grant it who is constituted by God the Keeper of the two Tables Suppose they should desire the free exportation of Arms Monyes Sheep which they say Edward the fourth for a present private end granted to the Kings of Castile
of eminency on Earth If he will have no Bees but such as have no stings he may catch Drones and want his honny for his labour To limit Princes too farr is as if a Man should cut his Hawkes â—…ings that she might not fly away from him so he may be sure she shall never make a good flight for â—…im Saint Bernard tells us a Story of a King who â—…eing wounded with an arrow the Chirurgeons deâ—…ired Liberty to bind him because the lightest moâ—…ion might procure his Death his answer was non â—…ecet vinciri Regem it is not meet that a King should â—…e bound and the Father concludes Libera sit Regis semper salva potestas In two particulars this third Cato is pleased to expresse himselfe he would have the disposition of great offices power of calling and dissolving Parliaments shared betwen the King and the People Yesthe great Offices of the Kingdome and the Revenues of the Church have been the great wheeles of the Clock which have set many little wheeles 〈◊〉 going doubt you not the Observer meant to lick 〈◊〉 own fingers These speculations might be seasonabâ—…e in the first framing of a Monarchy Now when a Power is invested in the Crown by Law and lawfulâ—… Custome they are sawcy and seditious Howsoever his bolt is soone shot He that is wise in his own eyes there is more hope of a Foole then of such a Man Otherâ—…â—…s much wiser then he is almost as he conceives himâ—…lfe to transcend them are absoluâ—…ely of another miâ—… that this were to open a sluce to Faction and Sediâ—…on to rolle the Apple of Contenâ—…ion up and down both Houses of Parliament and each County and Burrough in the Kingdom to make labouring for places packing for votes in a word to disunite and dissolve the contignation of this Kingdom This in Policy They say further that in Iustice If the King be bound by His Office and sworn by His Oath to cause Law Iustice and Discretion in mercy and truth to be executed to His People If he be accountable to God for the Misgovernment of his great Charge that it is all the reason in the World why he should choose his own Officers and Ministers Kings are shadowed by those brazen Pillars which Hiram made for Solomon having Chapiters upon their heads adorned with Chaines and Pomgranates If these Sonnes of Belial may strip Majesty by Degrees of its due Ornaments first of the chaines that is the power to punish evill Doers and then of the Pomegranates the ability to reward good deserts and so insensibly to robbe them of the dependence of their Subjects the next steppe is to strike the Chapiters or Crownes from of their heads But how can this be except all Parliaments were taken as deadly Enemyes to Royalty Still when the Observer comes to a piece of hot Service he makes sure to hold the Parliament before him which devise hath saved him many a blow They that are not haters of Kings may be Lovers of themselves We are all Children of Adam and Eve He would be a God and she a Goddesse His instance that this is no more then for the King to choose a Chancellour or a Treasurer upon the recommendation of such or such a Courtier is ridiculous there His Majesty is free to dissent here is a necessity imposed upon him to grant Yet saith he the Venetians live more happily under their conditionate Dukes then the Turks under their absolute Emperours The Trophees which Rome gained under conditionate Commanders argue that there could be no defect in this popular and mixt Government Our Neighbours in the Netherlands being to cope with the most puissant Prince in Christendom put themselves under the conduct of a much limited Generall which streigthned Commissions have yeelded nothing but victoryes to the States and solid honour to the Prince of Orange Were Hanniball Scipio c. the lesse honoured or beloved because they were not independent was Caesar the private Man lesse succesfull or lesse beloved then Caesar the perpetuall Dictator Whatsoever is more then this he calls the painted rayes of spurious Majesty and the filling of a phantasticall humour with imaginary grandour Whose heart doth not burn within him to heare such audacious expressions yet still he protests for Monarchy A fine Monarchy indeed a great and glorius Monarchy an Aristo-Democracy nicknamed Monarchy a circumscribed conditionate dependent Monarchy a Mock-Monarchy a Monarchy without coercive Power able to protect not to punish that is in effect neither to protect nor punish a Monarch subordinate to a Superiour and accountable to Subjects that may deny nothing a Monarchy in the Rights whereof another challengeth an interest Paramount Quorsum haec he is more blind then a Beetle that sees not whither all this tends To advance King Charles to the high and mighty Dignity of a Duke of Venice or a Roman Consull whilest this Gentleman might sit like one of the Tribunes of the Common People to be his Supervisor It were to be wished that the Observer would first make tryall of this modell of Government in his own House for a yeare or two and then tell us how he likes it That Form may fit the Citty of Venice that will not fit the Kingdome of England I beleeve he hath not carefully read over the History of that State Though now they injoy their Sun-shines and have their Lucida intervalla yet heretofore they have suffered as much misery from their own Civill and Intestine Dissentions as any People under Heaven and so have their Neighbour States of Genoah Florence c. And of Florence particularly it is remarkeable that though their Prince huâ—…band his Territory with as much advantage to himselfe and pressure to his People as any Prince in Europe yet they live ten times more happily now then they did before in a Republick when a bare legged Fellow out of the Scumme of the People could raise Tumults surprise the Senate and domineere more then two great Dukes so that now they are freer then when they did injoy those painted rayes of spurious Liberty If thâ—… Romans had not found a defect in their popular Government they had never fled to the choise of a Dictator or absolute Prince as a sacred Anchour in all their greatest extremityes And for the Netherlands it is one thing for a free People to elect their owne forme of Government another for a People obliged to shake off that Forme which they have elected It is yet but earely of the day to determine precisely whether they have done well or ill The danger of a Popular Government is Sedition a common Enemy hath hitherto kept them at unity and the King of Spaine hath been their best Friend Scipioes opinion that Carthage should not be destroyed was more solid and weighty then Catoes as experience plainly shewed Those Forrein Warres preserved Peace at home and were a Nursery of Souldiers to secure that State When the United
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 Barons Wars we should expect the Commons Warres yet generally the English Nation delights not so much in Democracy as the Observer doth and a more gracions King they could not have whose death would have dissolved many mens hopes Howsoever as King Alphonsâ—…s answered his Phisitian when he perswaded him not to handle the works of Livy which were sent unto him by a great Florentine for fear of poyson The Lifes and Soules of Kings are secure under the providence and protection of God or as a Traytour answered the King of the Danes That he wanted neither mind nor sufficient meanes to have effected his intentions but the assistence and concurrence of God was alwayes wanting Which was verified in a conspiracy against King James when the Murderer smitten into an amazement by Gods just judgement could neither stirre hand nor foot It follows How should this administer to the King any grounds to levy guards at Yorke c. Did the King without fear treat with Sir Iohn Hotham as a Traytour in the face of his Artillery and offer to enter Hull with twenty horse unarmed and continue such a harsh Parley so many houres and yet when he was in Yorke in a County of so great assurance could nothing but so many Bands of Horse and Foot secure him from the same Sir Iohn Hotham I wonder the Observer doth not blush to be His Majestyes Remembrancer how much he descended from his Royall State that day in his attendence so many houres and his courteous proffers Is it because he thinks good Subjects take delight to hear of such an audacious affront put upon their Soveraigne Or of that base scandalous picture so much gazed at in Forrein parts of Sir Iohn Hotham standing aloft armed Cap aâ—…pe incircled with Gallants and great Ordinance like another Achilles Impiger iracundus inexorabilis acer Whilest His Sacred Majesty was pictured below like a Chancery Petitioner with his hat in his hand pittyfully complaining and suing to Sir Iohn for admission But the King called Sir Iohn Traytour and gave him harsh language Did he so you may remember what Philip answered for the Macedonians when some of his own wicked instruments complained they called them Traytours that his Countrymen were plain dealing men to call things by their right names and could not for their lifes think one thing and say another If Philip a Prince benefited by those Creatures pleaded so for his Subjects why might not King Charles who was injuried and a loser have leave to speak for himselfe to his own Subjects But if the King were so confident there why did he raise Forces at Yorke a place of more assurance First shew us your Commission to take his Majesties answer or at least tell us why Sir Iohn began to raise Forces first His Majesty is authorized by God and the Law to raise Forces and owes no account to the Observer And to His Majestyes confidence then and diffidence after I can say nothing positively if it were in another case there might be sundry reasons given Perhaps the second cogitations are the sounder or Men may hope for better measure then they find or the latter day is a Scholler to the former or a Man may desire to surprise him and cannot whom he hath no desire to kill if he could or Mischiefe growes not to maturity in an instant but by Degrees But The King might have prevented this repulse by sending a Messenger before hand or by comming without such considerable Forces in so unexpected a manner How considerable His Majestyes Forces were and what was His manner of comming to Hull Himâ—…elfe hath published in a true satisfactory Declaraâ—…ion long since if it had been otherwise how could â—…is Majesty imagine or expect such a repulse against â—…ll Laws beyond all presidents An impartiall man â—…ould rather thinke that Sir Iohn Hotham should â—…ave taken it to heart that His Majesty should so â—…arre suspect his Loyalty as to send such a Message â—…efore him This is certain if there were an omisâ—…ion in point of discretion or good manners it was â—…n Sir Iohn Hothams part who was privy to his own â—…esolutions and though he hâ—…d forgotten his Allegiance yet in point of Courtesy he ought to have given His Majesty a fair advertisement It is very hard the Observer should goe about to reduce his King to the condition of an ordinary Passenger that must send his Harbinger before to try whether he may have enterteinment at his Inne or nor Nondum finitus Orestes His circumstances are not yet done He addes the things remaining at Hull in the Kings trust for the use of the Kingdom were Arms by consequence of more danger then other kind of Chattells If I intrust my cloake to anothers custody I may not take it again by force but if it be my sword and there is strong presumption that it may be drawn upon me I may use any meanes to secure it I wish all the Observers Faction had been of his opinion in one point His Majesty and many of His good Subjects have been plundered deepely and have had both their Cloaks and their Coates c. taken away by force wherein they challenged a right of interest which is more then trust Still the Observer builds upon his former extravigants His Majesty is not Rex ad placitum one that hath meerely the custody of Regall power as the Lord Keeper hath of the great Seale or as the Observer may give his Cloake to his Neighbour to hold but he is the very owner and Possessor of Soveraignty to him and to his Heires and this not by the antecedent trust nor by the guift of the People but by the goodnesse of God It would be known what presumptions the Observer had that the sword should be drawn upon him except he that hath given his Superiour a boxe on the eare may lawfully disarm him when he hath done for fear least being provoked he should strike again The Observer intimates no lesse Whether is more probable at this time that the King is incensed against the Parliament or the Parliament against the King That very Argument which he useth here is sufficient to convince himselfe What is the thing deteined The Magazine To whom doth the right of Armour belong To the King alone and not to the Parliament witnesse a Parliament it selfe 7. Edvardi primi much lesse to the Observer or Sir Iohn Hothâ—…m Uzza was smitten dead for presuming but to take hold of the Arke of God God will rather have the Arke of the Church or Commonwealth to shake and totter under his own immediate protection then to have such men presume to lay hold on it who have no calling from him There is onely one saving circumstance left behind Heare it The Kings interest in Hull is not such an in terest as in other movables neither is the Kings inteâ—…est taken away the same things are reserved for him in better
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
hands of such Persons as they may confide in of the Romane Communion they had the same grounds and pretences that our Men have The Observer answers That this is improperly urged for England and Ireland are the same Dominion That there is as true and intimate an Union betwixt them as between England and Wales And though they doe not meet in one Parliament yet their Parliaments to some purposes are not to be held severall And therefore if the Papists in Ireland were Stronger and had more Votes yet they would want Authority to overrule any thing voted and established here in England The reason why the minor Part in all Suffrages subscribes to the Major is that blood may not be shed 〈◊〉 in probability the Major part will prevaile 〈◊〉 Strife and Bloodshed would be endlesse wherefore the Major part in Ireland ought to sit down and acquiesce because Ireland is not a severall Monarchy from England Nor is that a Major part of Ireland and England too for if it were it would give Law to us as we now give Law there and their Statutes would be of as much virtue here as ours are there c. Such Doctrin as this hath helped to bring poore Ireland to that miserable condition wherein now it is Will you heare with Patience what the Irish themselves say of this If any Ordinance may be imposed upon us without an approbative or so much as a receptive power in our selves where is our Liberty then Our Government is meerely Arbitrary our condition is slavish We had Magna Charta granted to us as well as England and since that time all other Liberties and Privileges of the English Subject Shall that which is ours be taken from us without our own Act or our owne Fault and we never heard either in our Persons or by our Proctors We desire the Observer to remember what he said before That which concerns all ought to be approved by all We have no Burgesses nor representatives there and that it is unnaturall for any Nation to contribute its own inherent puissance meerely to support Slavery Let the Definition be according to the Major Part of the Votes but shall the Minor Part be denyed a Liberty to discusse or vote at all As we deny not but the Kingdome of Ireland is united and incorporated to the Crown of England So we understand not by what right any power derived from the English Subject can extend it selfe over us That power which they have over us is relative as they are the Kings Councell wherein he confides or by virtue of his Delegation to his Judges representing his own Person Thus they For further Answer First this is a meere trifling and declining of the Force of His Majestyes Argument which lyes not in this whether Ireland be 〈◊〉 distinct Kingdome but supposing it to be a distinct Kingdome as without doubt it either is or might be whether that in such a case as is propounded by His Majesty it were lawfull for them to assume such a Power contrary to the Law of God and of Nations or if Ireland were as much bigger then England as France is it is no strange thing for a greater Kingdome to be conquered by a lesser whether in such a case they might give Law to us or their Statutes be of as great virtue here as ours are there meerely because it is so voted by the Major part of the representative Body An absurd incredible Assertion Secondly there is not the like reason of Ireland and Wales Wales is incircled with the same Sea a part of the same Island and originally in the Dayes of the Brittaines a branch of the same Kingdome Wales was incorporated to the Realme of England by Act of Parliament 27. Henrici 8. cap. 26 so was not Ireland Wales have their Peers and Burgesses sitting in the English Parliament so hath not Ireland Wales hath no distinct Parliaments of its own but Ireland hath Thirdly as the Irish readily grant that their Common Law is the same with ours so they will not easily believe that the English Statutes are all of force in Ireland What all even to an Act of Subsidies who ever heard that It is true there hath been a question moved among some Lawyers and those perhaps who were not the most concerned or versed in it of the English Statutes what Statutes and in what cases and how farre they are binding to the Irish Subject but I have not heard their opinion was so high as the Observers or that ever the Bell was rung out yet If all English Statutes be of force in Ireland what need was there for Henry the seventh to make an expresse Statute in Ireland to authorize and introduce all the English Statutes before his time to be of force in that Kingdome this Act had been supervacaneous and superfluous And since that time we see many Statutes of force in England that are of no force at all in Ireland and many both before and since that time of force in Ireland that have no power in England Lastly this Observer might be well one of Father Garnets Disciples when he was asked about the Powder-Treason whether it was lawfull to take away some Innocents with many Nocents he answered yes so it was compensated by a greater benefit or profit which may perhaps be true sometimes as in time of Warre accidentally in publique and necessary but not in private and voluntary Agents So the Observer makes profit and strength to be the onely rule and measure of all actions of State Justice and Piety are banished by an Ostracisme out of his Eutopia This is to inslave Reason and Crown bodily strength to silence Law and Justice and to Deifie Force and Power The Observer is every where girding at the Clergy it is well that his new superstition reversed will allow them that name Have they not great cause to thank him as the poor Persians did their King when they were condemned That he was pleased to remember them Sometimes he scoffes at the Tribe There were seditious Schismaticks of all Tribes Sometimes he derides their Pulpetting it may be he likes a Chaire better because they teach a Divine Prerogative which none understand but these ghostly Counsellers who alwaies expresse sufficient enmity and antipathy 〈◊〉 Publique Acts and Pacts of Men. He that accuseth another should first examine himselfe I doe not beleeve that ever there was any Divine in the World that made Kings such unlimited Creatures as this Observer doth the People I have read some discourses of this subject but I did never see any one so pernitious to a setled society of men or so destructive to all humane compacts as this seditious bundle of Observations which makes the Law of Salus Populi to be a dispensation from Heaven for the breach of all Oathes of Allegiance and all other Obligations whatsoever which measures Justice by the major part and makes strength and power the rule of what is lawfull which