ANIMADVERSIONS Vpon those Notes which the late Observator hath published upon the seven Doctrines and Positions which the KING by way of Recapitulation hee saith layes open so offensive POSITION I. THat the Parliament has an absolute indisputable power of declaring Law so that all the right of the King and People depends upon their pleasure To this the Observator saith It has beene answered That this Power must rest in them or in the King or in some inferiour Court or els all suits will be endlesse and it cannot rest more safely then in Parliament ANIMADVERSION I. THe Observator hath contracted his Maiesties words but hath kept the sense in more generall termes and seemes though but faintly to justifie the Position by approving I know not whose answer That this Power can rest no where more safely then in Parliament He meanes the Parliament without the King If he had allowed the King his place in Parliament I know no understanding man but will easily subscribe That the King in Parliament or the Parliament with him have an absolute undisputable power both to make and declare Law and to end all Suites of what kind soever determinable by humane law within the Kingdome And here is the most safe resting of this Power and here it hath ever rested and not in the King alone who claimes not that Power but is willing to governe his Subjects according to the knowne Lawes and much lesse in any inferiour Court But that such an absolute undisputable Power of declaring Law as hath lately bin assumed by the Major part of the present sitting Parliament should be resting in them is neither necessary for the ending of Suites nor can be safe either for King or Subject If they may declare that for a Law a fundamentall Law which never yet was Enacted or had any being and deny the plain undoubted Lawes that have beene Enacted or frustrate them by some unheard of interpretation as if such interpretation had been some mentall or rather Parliamentall reservation laid up within the Parliament walles to be produced upon emergent occasions by their successors they will have so full an Arbitrary power that the right and safety of King and People must wholly depend upon their Votes Which power can never be safe either for King or People nor can they produce one president that may warrant such a Power But they are not bound or limited by such presidents That 's the second Position POSIT 2. That Parliaments are bound to no Presidents OBSERV Statutes are not binding to them why should then Presidents Yet there is no obligation stronger then the honour and justice of a Parliament ANIMAD. 2. If Statutes be not binding to them there is no reason that presidents should be And he saith true Statutes are not binding to them that is de facto they are not for they in some things goe directly against them but de jure they are that is they ought to be binding to them till they be repealed by the same power they were made that is by Bill orderly passed both Houses and ratified by his Majesties Royall assent And unlesse they can shew better reason then their bare Assertion Presidents as they are the best warrant so they are and ought to be the limits and bounds of their proceedings He might have said as truly That Oathes are not binding to them and therefore neither Statutes nor Presidents But the Observator tells us Pag 44. That the Oathes of Supremacy and Allegiance are not endangered by making the Kingdom and not the King the proper subject of Power And he yeelds reason for it For saith he hee that ascribes more to the whole Universality then to the King yet ascribes to the King a true Supremacy of Power and Honour above all particulars I wonder what he meanes by a true Supremacie of Power and Honour above all particulars Surely he meanes nothing but priority of place and height of Title for he is allowed little power over some particulars namely over the Members of either house and whom else they please to exempt as they did Serjeant Major Skippon for his Power and Commands But this distinction helpes them The Members of either House are sharers in that Supremacie which is in the Vniversality and above his and by the power of that Supremacie they can exempt whom they please from the power of this Inferiour pardon the phâ—se absurdities cannot be exprest without a Solecisme Supremacy Very good But in good sober sadnesse doth the Observator thinke this distinction was thought on by the Framers and enjoyners of that Oath or that the Members of the House at their entring the House did take their Oath to the King as to the Supreame over all with exception of themselves or reservation of an higher Supremacy to themselves when they should be entred It is hardly credible Nor doe all that desire to tender all due honour to the Parliament beleeve that they are so the Vniversality or the Kingdome as the Observatour presumes They are trusted by the Vniversality and Kingdome and wee pray that they may dischardge that trust not knowing but that a multitude of men subject every one of them to errour may faile in their judgement and being not exempted from the common condition of the sinfull Sonnes of Adam may possibly not rightly dischardge the trust committed to them as well as the King who is blasted with foule sailings anderrours and judgement Mee thinkes men that so much detest Popery should not borrow the grounds of their reasoning from them and I shall as soone beleeve the Councell of Trent telling us that they are the Vniversall Church and therefore cannot possibly erre as that the Parliament is the Vniversall unerring and unpervertibly just body of the Kingdome And surely the Spirit of declaring must needs reside in a strangely large measure in them who have power thus to declare not onely Law but Oathes too a greater then which the Popes flatterers never gave him and hardly ever any Pope assumed so great Quo te constringam mutantem protea nodo How shall these men bee bound to doe right who so easily unty the knots of these sacred bookes of Law and Oathes why yes There is a bond that will doe it The obligation of the Iustice and honour of a Parliament But can any man bee sure that they whom neither Law Custome and Presidents of their Ancestours nor Oathes can bind will bee alwayes held in by the obligation of Iustice and Honour Is it not possible that they may in time find a power in themselves of declaring that obligation void as well as have done the other The same obligation of Iustice and Honour is as strong upon Kings and hath ever beene held more powerfull and obstrictive in them then in any state mannaged by a Community and yet they dare not trust his Majesty though so obliged The Observatour then must pardon mee if I desire they may rather bee held in and
hold themselves so to bee by the old obligations of Law Presidents and Oathes rather then that the Kings liege-people should bee put wholly to confide to that single obligation of the Iustice and Honour of a Parliament POSITION 3. That they are Parliaments and may judge of publike necessity without the King and dispose of anything OBSERV. They may not desert the King but being deserted by the King when the Kingdome is in distresse they may judge of that distresse and relieve it and are to bee accompted by vertue of representation as the whole body of the State ANIMADVER. 3. His Majesty sets downe this Position in more words but these are much to the same purpose and upon these the inference which His Majesty makes followes undeniably That then the life and liberty of the Subject and all good Lawes made for the security of them may bee disposed of and repealed by the Major part of both Houses at any time present and by any wayes and meanes procured so to bee And His Maiesty shall have no power to protect them They see nothing that see â—ot the misery which may follow upon such a vast transcendency of arbitary power if it were invested in the Parliament which I dare boldly â—â—y was never claimed by any Parliament though in conjunction with the â—ead of it the King Every the meanest Subject hath such a right and propriety in his goods that without Law they cannot bee taken from him though to be employed for the publike good And though the safety of the people be the highest Law and that doe many times give a power above other Lawes and against them to the supreme Magistracy in a State to dispose of private mens estates yet the unchangeable rule of Iustice must have place even in that highest Law and that requires a compensation to be made to those whose states or goods are so disposed of and never gives power to uphold the publike good with private injury Nor can it bee imagined that a State upheld by such helps should not be able to make a just compensation to those by whom it was upheld But let us heare our Observatour They may not saith hee desert the King Gramercy for that I am glad to heare they have yet any obligation upon them to tie them to the King Yet I know not well what he meanes by deserting the King if he mean it in that sense which he doth the Kings deserting of them which out of question is his not assenting to whatsoever they shall think fit Then in reason they should not by their disallowing all his Proposals have driven him to dissent from theirs and so to have disserted them Well But being deserted by the King when the Kingdome is in distresse they may judge of that distresse and relieve it Al their power then is upon supposition of the Kings deserting them So that if it appeare that His Majesty hath not deserted them as many good men beleeve he hath not in the redresse of any real grievance then they have no such power And however they claime this power only when the Kingdome is in distresse but how if the Kingdom be not in distresse or at least that distresse be onely or principally caused by their claiming of that power which cannot consist with the Honour and Royall Estate of His Majestly which all men by their late Protestation are bound to defend If it beso we may easily discerne how far they may stretcht this power which they claim onely in order to distresse and that they may make as much use of it as the Pope doth of his power in temporals In ordine ad spiritualia He claimes no more though some have said hee hath right to more and the Parliament will need no more to doe as much as hee takes upon him to doe with Christian Princes and States But they must have a right to their power in this case of distresse whence have they that why they have it as the whole body of the State and that they are and must be so accompted by vertue of representation very good But let us consider his words a little more There is no understanding man but must and will acknowledge unlesse he wilfully derogate from them that the Parliament represents the body of the State for those ends for which they convene as an Ambassadour doth the Prince that sends him in the mannage of that businesse for which hee is sent But this is not an absolute representation to all intents and purposes Besides whom do they represent The Body saith hee of the State Bee it so but it is onely the body without the head And if they were not by representation onely but really the whole body of the People if it were possible they should convene together they are all but an assembly of Subjects of men to be governed not to rule to be commanded not to command their Head and Soueraigne and then there can be no vertue of representation that can advance them to the power which the Observatour ascribes to them when such power was never in the whole body which is represented No never such power in the whole body I know the Observatours stomack will rise here Did not the Peoples consent at first make Kings and conveigh power into their hands Truely Sir not solely but grant it what then Marry he saith then it is a principle in nature Quic quid efficit tale est magis tale In English If the People make a King they are more King themselves or if they give power they have more power and may resume and exercise that power when they please Excellent learning and well applied I believe hee learned this piece from Suarez the Iesuite But the Observatour may know that that rule admits many limitations and surely it holds onely in causis totalibus which the People are not in the constitution of Kings But suppose their consent did at first give power to Kings when their consent is given for them and their Successours to a King and his Heires can the succeeding People cut off the entaile and retract the consent their Ancestours have given By what right with what justice I know not but the People may contract for them and their Successours in the conveyance of Soveraigne power if ever they had it in their hands to give as any man may in the conveyance of his lands or goods and that such conveyance may be as binding to Successours in the one as in the other and then I am sure they cannot have power at all times and in all succeeding ages to resume what they have so given Our Kings right so farre as it is derived from the People is of this kind And if he had no other grounds for his claime of Soveraignty as it is most certaine that he hath such a consent once granted were sufficient to bind the People that it cannot ever bee lawfull for them by a major part of
them comming in with their Nolumus hunc regnare super nos to deprive him of that right But surely they would never make so absolute a grant of their power to Princes as to devest themselves of it Good Sir shew mee that proviso in their grant But it seemes to you unnaturall they should I doe not wonder it should seeme so to you who make it agreeable to the Clearest beames of humane reason and the strongest inclinations of nature and by consequence as you would perswade the World justifiable For every private man to defend himselfe by force if assaulted though by the force of a Magistrate or his owne Father and though hee bee not without all confidence by flight c. I wish whilest you have such recourse to nature you would not forget Christianity which teaches subjection and obedience and gives no liberty either to private men or the major part of the communalty of resistance but saith they that resist shall receive to themselves damnation And if the Observatour bee a Gentleman hee should tender how he hath recourse to nature in point of right least hee give occasion to some Wat Tyler's Chaplaine to preach againe upon that text When Adam dolve and Eve span Who was then a Gentleman Hee may find a goodly Sermon upon that Text set downe by John Stow in Richard the second and such Doctrine delivered upon it the use of which would shake his title to his inheritance and the name of Gentleman POSITION 4. That no member of the Parliament ought to bee troubled for Treason c. without leave OBSERV. This is intended of suspitions onely and when leave may seasonably bee had and when competent accusers appeare not in the impeachment ANIMAD. 6. His Majesty hath said so much of this and so little of it hath beene answered or indeed is answerable that I shall not need to say much Only I observe the modesty of this Observatour that he doth not absolutely say they are not to be troubled for those crimes out not upon suspition onely c. I know not what hee may call suspitions but I beleeve the best evidences may easily be held for bare suspitions if they may not have liberty to speake out and that they cannot have unlesse the accuser be first in safe custody and brought to triall where they may legally bee produced And I beleeve few wise men will thinke it reasonable that the grounds of suspition of treason should necessarily bee opened before triall POSITION 5. That the Soveraigne power resides in both Houses of Parliament The King having no negative voyce OBSERV. This power is not claimed as ordinary nor to any purpose but to save the Kingdome from ruine and in case where the Kingdome is so seduced as that hee prefers dangerous men and persecutes his loyall Subjects ANIMAD 5. His Majesty infers upon this Position That himselfe must be subject to their Commands This sounds but harshly in the cares of loyall Subjects That any posture wherein they can be put can raise Subjects to a capacity of Soveraignty and reduce their Soveraigne to become their Subject But hee comforts us here and tels us this power is not claimed as ordinary nor to any purpose c. This is but poore comfort it is not but it may be in good time if they please He doth not say they shall not hereafter or cannot claime it as ordinary and to other purposes then that he names So that there may bee other causes that may make them claime this power as well as this But indeed they need no other if it bee in their power to declare that to be the case of the King and Kingdom when they please But they will never do it but where there is a just cause for it and the truth leads them to it Truly I beleeve honourably of the Iustice and Wisedome of Parliaments but I doe beleeve that they are not either infallible or that they cannot possibly doe amisse And the Observatour must bring better arguments and I feare hee cannot bring so good to make mee beleeve otherwise then ever yet were brought for the infallibility of a generall Councell But I have said enough for the present of the residence of Soveraigne power in the Parliament and the ground of their claime to it by the vertue of representation in my third Animadversion I shall here only give the Reader a briefe glosse upon the language here used by the Observatour To save the Kingdome from ruine that is from Monarchy or being governed by the King The King is seduced that is hee is perswaded by his own understanding and other evill Counsellours not to part with his Soveraignty nor to become a Subiect to his Subiects Hee prefers dangerous men that is such as would have him still to bee their King prosecutes his loyall Subiects that is such as would rule him and the people at their pleasure POSITION 6. That the levying of forces against the personall commands of the King though accompanied with his presence is not levying of warre against the King but warre against his authority not Person is warre against the King OBSERV. If this were not so The Parliament seeing a seduced King ruining himselfe and the Kingdome could not save both but stand and looke on ANIMAD. 6. I Thought this Position so strangely Paradoxall and so apparently contrary to reason and common sense that no man would have appeared in the defence of it Yet this Observator never blushes nor blinks at it but affirmes it stoutly But for all that I shall beleeve very slowly That the Kings Person can at any time be without the King or without his Authority Or that they may destroy the Kings Person to preserve the King My Faith is not strong enough to beleeve these sublime points and mysteries of State I shall subscribe thus farre That warre against the Kings Authority though in the absence of his Person is warre against the King But that the King and his Person should be in two places will never I feare downe with me But however I le see his reason What 's that Why else the Parliament seeing a seduced King ruining himselfe and his Kingdome could not save both but must stand and looke on Surely this reason is full of waight and ready to burst it is so big with probability I suppose the Reader understands his language heere by my former glosse But if we should take the words as they sound the reason would seem as strange as that which it is brought to confirme The King ruining himselfe and his Kingdome a mad King or an Ideot hee meanes and then 't were fit the Parliament appointed him a guardian Ruining himselfe and his Kingdome It is Possible That the King should ruine himself and his Kingdom What The King alone Is he alone able to doe it without the People It is hardly credible If he have the people on his side and a prevailing Major party I thinke the Observator standing to his owne Principles will not deny that he hath Soveraigne power with him and that it is unnaturall to thinke the Community should destroy itselfe But the Community he will say is to be lookt at in Parliament Well But good Sir may not the people withdraw the power of representation which they granted to the Parliament was their grant so absolute and so irrevocable that they dispossest themselves wholly of taking or exercising that power their owne proper persons Remember your principles about the conveying of Soveraigne power into the hands of Kings and if you can shew no better Cards for their power of representation then the Peoples revocable consent and I would faine know why it should be more revocable from Kings then men you will finde their tenure in it very tickle POSIT 7. That according to some Parliaments they may depose Kings OBSERV. T is denied that any King was deposed by a free Parliament fairely elected ANIMAD. 7. I like this note better then all the rest and am wholly of his minde That never any free Parliament fairely elected deposed any King and I hope whatsoever his principles seemes to insinuate they doe not beleeve they have power to do it and pray that they may never attempt at least not be able to depose the King or destroy Monarchy The Authors Protestation HAving finished these sudden Animadversions I doe protest in the presence of Almighty God with my life power and estate to maintaine and defend so farre as lawfully I may The true Reformed Protestant Religion His Majesties Person Honour and Royall Estate The just Liberties of the Subject and the Power and Priviledges of Parliament so far as I shall be able to know or understand them and to doe all other things contained in the late Protestation And this I doe sincerely and from my heart beleeving my selfe to be under the guilt of Perjury if I faile in any one thing here protested And therefore shall never hold my selfe absolved by observing one if I violate it in any other part I shall ever defend His Majesties Person Honour and Royall Estate as my sole Soveraign and the Parliament next under him in the highest capacity of Subjects as the Supreame Indicatory the great Councell and Body Representative of this Kingdome And I pray that all those that doe not joyne with me may either speedily be converted or confounded Faxit Deus LONDON Printed for William Sheares 1642. Pag. 2. Pag. 3. Pag. 16. Rom. 〈…〉