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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A50269 Certain material and useful considerations about the laws positive and laws of necessity relating to the unhappy distractions of the present times Mathew, John.; Philalethes. 1680 (1680) Wing M1288A; ESTC R36494 10,378 18

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if any of his Ministers prove false to the State and either take part with a Foreign or become themselves a Home-Enemy and the King strive not to suppress them or all which far be it to imagin do animate and invite them to dispoil his good Subjects then and for ought I know not till then is the Danger in Extremity and then is the first Plea for the Laws of Necessity which do not only enable the State in common but every Man in particular to seek the Preservation of himself and his Country by all such ways as stand not in opposition to the Laws of God 11. When I protest to defend the Powers and Privileges in Parliaments it is but so far as lawfully I may and so far as I know them or ought to know them being easie to be known viz. such as by Custom and unanimous Consent have obtained as unquestionable not such as are questioned amongst themselves some claiming and others gain-saying nor such as are challenged without or against the King whom being Head of the Parliament ought to have Consent in the concluding of Privileges much less ought he to be unprivileged without his Consent whose Privileges are protested for as well as and with the rest and the Defence whereof sworn to in the Oath of Supremacy where we swear to our power to assist and defend all Jurisdiction and Privileges and Preheminences and Authorities granted or belonging to the King's Highness his Heirs c. If the disposing of the Forts Navy Magazines and Militia be as it is confessed they are by the Law of the Land the Privileges of the King there can be no distinction to my apprehension imagined upon any Fears or Jealousies whatsoever when no Evils by him are actually practised and all Intentions of Evil are absolutely abjured to warrant any Men few or more in Parliament or out of Parliament who have taken that Oath to dispossess him of them or detein them from him in what manner soever he shall come to demand them For the Oath is peremptory and unlimitted and non est distinguendum ubi Lex non distinguit To say they are deteined for him not from him might have some colour if the King were either a Child distracted or weak-minded but to an adult and understanding Prince such a pretence is an higher derogation as disparaging his Wisdom and Fidelity 12. Where Power is invested in any and by Custom and free Consent is made Hereditary I conceive it cannot afterwards be limitted with other Conditions than at first was agreed on without the Consent of him that hath it 13. That which is certainly lawful and but doubtfully dangerous is to be chosen rather than that which is not certainly lawful but is doubtfully dangerous When a Man offers no Violence though upon good reason I fear he will hurt me to let his Sword alone is certainly lawful though doubtfully dangerous but to wrest it from him when he offers no Assault is not certainly lawful but rather certainly unlawful and but doubtfully safe or rather undoubtedly dangerous for by that occasion a Quarrel is made and Blood shed which might otherwise possibly at least have been saved Would the Application were not easie 14. If a Man being illegally dispossest of his Right do in Heat of Contention use some illegal Means for recovery of it that is not to be drawn into Argument to justifie the Illegality of the first Usurpation If a Man unassaulted wrest my Sword from me and I afterwards beat him he may not draw mine after-beating into Argument to justifie his taking my Sword from me 15. When the Envy of Not yielding to the Advice of his Great Council is cast upon the King it is first fit to set the Cause upon its own Legs It seems by many passages in these Observations and other Books and by more than Book-passages that the King is esteemed a Tyrant over his People for what else is implied in distrusting and vilepending of his Oaths Obtestations Imprecations in imputing the Attendants and Company he has about him whom he owns and protects Enemies to the State in raising at least defensive Arms in seizing his Navy shutting the Town-gates against him and the possessing of his Forts and Magazines against his Command For will a Man wrest another's Sword from him if he dod not presume he will draw it upon him Nay is it lawful to take any Man's Sword if not every Body's then not His 'till it be drawn upon him or some violence offer'd him If it be said then it is too late it may as well be said 'till then it is too soon Now then when they are so opinioned and jealous of the King's Love and Fidelity how can it be imagined that he should look on them as ingenuous and equal Counsellors and not be as distrustful of the Sincerity of their Advices For how shall I persuade another to be directed by me as his Friend when I give him to understand that I take him for mine Enemy that intends Mischief against me Especially where the Matter is not of ordinary Concernment wherein each one 's Rights are left free and untouch'd but such as trencheth deep into his Majesty's Prerogative and tendeth not only to the restraining his Power but mainly also to the quenching of his Honour whilst by yielding to such Advice he must tacitly confess that he is not fit to be trusted and by consequence openly proclaim that he is not worthy to be King 16. If the so called Malignant Party should chance to be the prevailing Party in the House as the King puts the Case in his Answer to the Declaration of the 26th of May pag. 8. and should alledge That through the precipitancy of some Mens pretended Zeal the Kingdom were like to run into confusion for such a Case may be and Conspiracy for pretended Reformation was the Title and Argument of a Book many years since must these be safely secured And presuming the King favours that side and the other Party not liking the course that he will take to secure the Kingdom should vote it lawful for them to do it themselves without him must this presently be concluded to be the Judgment of the whole Kingdom and to be according to Law when no Law can be produced and the King to be ill affected to his best Subjects or to be mislead by evil Counsellors to undo Himself and his Kingdom by not yielding to the Advice of his Great Council Or Will the adverse Party take it well to be reputed Enemies to the State a Malignant Party c And if not it were but meet that the substantial Differences of the Case were so well opened that they that desire to know what is Just and Right might tell where to find it And that all Men of moderate Capacity Judgment and Ingenuity might see clearly the Infallibility of One Party and the Hypocrisie of the Other 17. When the Forts Navy Magazines Offices c.