slavery Besides what can he propose to himselfe The people will give more then can be forced from them so he looses by it and then how much doth he hazard against lesse then nothing He hath least reason to break the lawes willfully because he injoyes most by them and experience having shew'd the benefit of observing them and the ill of the contrary He cannot but doubt the People would fail of their duty if he doe in performance of trust and cast of the bond of obedience if he doe that of Protection These things duly weighed render that malice inexcuseable which hath long time exercised the people with most unreasonable feares of lands and liberty and Religion being in danger and this notwithstanding the King 's many sacred Protestations to the contrary before God and all the world and the whole course of his proceedings which evidently tend to the securing all Now I think it doth fully appeare that the doctrine of that Remonstrance laid down by His Majesty by way of recapitulation in seven positions is most justly offensive being such as doth threaten ruine to both Church and State not permitting us either to obey the King or serve God as we ought 1. That the Parliament has an absolute indisputable power of declaring Law so that all the right of King and People depends upon their pleasure This power must rest in them or in the King or in some inferior Court or else all suits must be endlesse and it can no where rest more safely then in Parliament The two Houses are not the Parliament The subject of such power is the intire body which consists of three estates Some things are cleare and evident in Law and want no declarer if otherwise all the Subjects right would lye in the brest of the Iudge If the two Houses should Vote younger Brothers ought to inherite by the Law of England could this destroy the right of the first born 2. That Parliaments are bound to no Presidents Statutes are not binding to them why then should Presidents yet there is no obligation stronger then the Justice and Honour of a Parliament This is an excellent ground to justifie their innocence against all the world For if they can make it appeare they are not bound to keepe any law no man can accuse them for the breach of any What obligation can justice lay on them who by astrange vertue of representation are not capable of doing wrong It will become justice because they did it when he hath declared what Honour is I shall be able to judge of that bond it may perchance not stand with their honour not to be able to prove men guilty after they have once accused and imprisoned them Statutes stand in full force to the two Houses as being not voyd till repealed by a joynt consent of all the Estates 3. That they are Parliaments and may judge of publique necessity without the King and dispose of any thing They may not desert the King but being deserted by the King when the Kingdome is in distresse they may judge of that distresse and relieve it and are to be accompted by the vertue of Representation as the whole body of the State To dissent after he hath granted what ever can in reason be desired is not to desert the Houses Upon pretence of distresse to take illegall courses is as if they should perswade us we are not in health and therefore they must breake our heads to forward our recovery They represent the people to some purposes not the King to any and therefore are but a part of the State 4. That no member of Parliament ought to be troubled for Treason c. without leave This is intended of suspicion only and when leave may seasonably be bad and when competent accusers appeare not in the impeachment If by suspicions be meant only a bare not considing in this in justice cannot be sufficient ground But upon Articles drawn and proofes in readinesse which it is not fit to produce while the accused partyes are at liberty they may be medled with for designes of this nature may brook no delay because it might prove dangerous to the King's safety or at least afford them liberty to escape If the Houses being adjourned were not able to give consent or upon too much confidence should not be willing hath not the Law provided in such a case for triall of Treason 5. That the soveraigne power resides in both Houses of Parliament the King having no negative voyce This power is not claimed as ordinary nor to any purpose but to save the Kingdom from ruine and in case where the King is so seduced as that be proferres dangerous men and prosequutes his loyall Subjects Not as ordinary that is they will only be King's as long as they please and when they are weary of Reigning the Kingdome shall be out of danger and then it shall be his turne to command againe To save it from ruine the Law hath better provided for the Peoples safety by prohibiting all illegall executions of power grounded upon what specious pretences soever And in case where the King is seduced that is when he is not so wise as he should be because he does not think as they doe and refuses to satisfy the humors and interests of some And prefers this seems to be the true cause of all preferments doe not goe the right way dangerous men i. e. such as desire he should govern according to the known Lawes of the Land And prosequutes his loyall Subjects i. e. is driven from London to Yorke where He long time patiently expected the undeceiving of His People 6. That leavying Forces against the personall commands of the King though accompanyed with his presence is not leavying warre against the King but warr against his Authority though not Person is warre against the King If this were not so the Parliament seeing a seduced King ruining himselfe and the Kingdom could not save both but must stand and look on It is against common sense to fancy a King ruining Himselfe and Kingdom He can neither be willing nor able Upon a mad supposall mad consequences will follow 7. That according to some Parliaments they may depose Kings 'T is denyed that any King was deposed by a free Parliament fairely elected This is most certain but takes not off those words upon which this Proposition is grounded These might well have been omitted as being more fully handled in the book But least he should complaine any thing was past over I chose by a short review to be his remembrancer The Propositions collected out of His Majesties Declarations are but the brief of his Observations to all which I have already spoken To conclude if the people hearken to reason they must needs think His Majesty will be more ready to prevent all reall danger then any Subject whatsoever because He is sure to beare the greatest share in the losse It alwaies was the master Policy amongst the wisest Legislators to grant to them the greatest power of government to whom the preservation of the present state would be most beneficiall because their private interests were the same with the publique from which if they swarv'd by error or misinformation their own disadvantage did soon appeare FINIS
able to hinder His good people from enjoying the full benefits of His Royall Grace if such a consent appear to Him to doe it The following discourse keeps all in generalls which easily deceive weaker apprehensions and hath its strength from this ground that it cannot reasonably be supposed the great publique Councell of the Kingdome should not give the most faithfull advice Therefore Princes if they may not be led by their owne opinions rather then by the sacred and awfull Councells of whole Nations unreasonably complain they are denyed liberty of Conscience and ravisht out of their own understandings I appeal to any mans judgment whether any thing can be urged for the authority of a Lay-Councell that it ought to enforce a submission of judgment a performance of dutyes arising from trust agreeable thereto which may not with at least equall advantages be pressed for the same binding power in Councells Ecclesiasticall To instance in that of Trent if a Papist should as Campian doth bragg of that to him as the representative body of almost all the Western Church wherein was a concourse of so many choise able eminent Divines such as had addicted their whole times to the study of truth and therefore in all probability could not be deceived themselves such as had conversed so long with Heaven and Heavenly things they knew sufficiently how much it concerned them not to deceive others and conclude it therefore unlawfull for any to pretend conscience which is but private opinion against so publique and unanimous determination Notwithstanding these high probabilities and what will much more justify mens absolute obedience and captivating their reasons some plausible arguments for a divine assistance and immediate directions in all their decisions which the Houses will not pretend to yet it shall goe hard but he will find some answer as esily he might whereby to justifie his liberty of dissenting in some things which when he hath done he may with very little alteration apply to civill Councells and be satisfied Suppose it thus though amongst probable Arguments that drawn from authority of wise men carry with it greatest weight yet it must give place to a greater reason Now to every man belongs a judgment of discretion which must decide for what concernes his particular duty So in the Kings case the Votes which carry in them the authority of both Houses shall bear great sway and if it be in things extreamly dubious they may turn the scales of their side But if greater reason seem to contradict them his Majesty will not hoodwink His understanding and blindly follow whither they please to lead him He will walke by the greater Light For example his Majesty perceiving how much His people may suffer under arbitrary power is resolved never to make use of it thinks it lesse fitting any other should But it is told him now the use of it will be for their good by reason of apparent imminent dangers His Majesty understands the bottome of plausible pretences knows to how great mischiefes a way would be opened if it were sufficient upon such specious grounds to have a right to over-rule all known and certain Lawes Concerning the action at Hull he confesses to take possession of the Kings town and shut the gates against Him is Treason if circumstances doe not vary the nature of the act as in this Case he pretends they doe For the first thing to be lookt on is that the King was meerly denyed entrance for that time His generall right was not denyed If then a Subject take up Armes against his Soveraign in a temporary warr it must not come within the compasse of Treason and he may legally possesse himselfe of the King's forts and maintaine them against Him so He confesse he hath no right in them No defying language was given If a man take away my purse shall he be acquitted from felony because he did not give me ill language too No act of violence was used This he may say who hath pickt anothers pocket but it is no sufficient plea against the Law But he used no violence though the King for diverse houres together did stand within Musket shot c It is no argument of innocence that he had opportunity to be more highly guilty and abstained The King used tearmes of defiance and this makes the act meerly defensive or rather passive If this were true there was never any warr but defensive for those who by some great injustice offered provoke a Nation to right it self fight as well to maintain their lives as what they unlawfully possesse How this should administer to the King any ground to leavy guards at York many men wonder or that it should seem the same thing to the King as if He had been pursued to the gates of York Certainly it was a sufficient ground not only to raise a guard for His safety but an Army to punish that high indignity and right His Honour but out of tender care of His Peoples safety least they should chance to suffer upon mistakes He afforded him so long time of repentance that the Kingdome might first be satisfyed and then his justice If the Parliament have hereupon turned any of the Townes-men out of their Estates His Majesty did not charge the two Houses Sir Iohn Hotham kept Him out without any publike order from them But if it had been done de facto the same law would have justified this act as well as the other But since not only the Country about but the Inhabitants within the Town have suffered in their Estates and libertyes Or if claimed any interest in it to themselves So much the lesse reason to seize on it if he cannot so much as pretend title to it or have disseized the King utterly denying the right for the future If any Law can be produced to justifie taking away the Kings goods for a time the case will be cleered Or have made any other use of their possession but meerly to prevent civill warr There is not any way more likely to create a Civill warr then endeavours to prevent it by illegall courses And to disfurnish the King's seducers of Armes Ammunition therefore the most essentiall property of Treason intention must needs here be absent in this act The Law hath judged otherwise in the case of the Earle of Essex whose plea was he intended the removall of evill Counsellors If the Parliament the shutting the King out of Hull was not their act be not vertually the whole Kingdome it selfe The King excluded it is not If it be not the Supream judicature as well in matters of State as matters of Law Till new lawes are enacted the Subject cannot justify any act but what is warrantable by the old If it be not the great Councell of the Kingdome as well as of the King to whom it belongeth by the consent of all Nations to provide in all extraordinary cases â—e quid detriment capiat
wants by subsidies and assent to the abrogation of old lawes and enacting new as necessity shall require In the summons of Edw. 1. claus 7. m. 3. dors we see the first end of Parliaments expressed for he inserts in the writ that whatsoever affaire is of publique concernement ought to receive publique approbation Quod omnes tangit ab omnibus approbari debet or tractari I have not the convenience of examining this record and therefore cannot be able to satisfie my selfe in circumstances which perhaps might afford some light to the cleerer understanding of this rule For the present therefore I will allow it to be certaine law though he would not be willing I should have the same liberty and argue the legality of a thing from a Princes bare affirmation and see what advantage he can make of it It seems to me to be deduced from an evident principle of reason and to flow hence it is against equity that the act of one should prejudice another without his consent There is much caution required to the managing this rule For if it be understood in its full latitude without all limitation it will dissolve the bonds of Government by reducing us to that primitive state wherein every one had absolute right to dispole of his owne as he pleased Therefore we must take into consideration that multitudes finding a necessity of Government did restraine this native right by positive Constitutions so that in the best governed States the greater part of men were presumed by a fiction of law to handle and approve such things as they never heard of The ground of which fiction is very reasonable for the people though they are not advised with may well be said to consent to what their rulers doe because they have entrusted them with their safety which without this power convaied into such or such hands could not be so effectually provided for Thus in absolute Monarchies what Princes doe is legally the act of all thus in our Kingdom two hundred thousand debate and approve things by the suffrages of two who many times vote quite contrary to their desires who have entrusted them and yet the people shall be said in law to affirme what really and in truth they doe deny The result of all is this those things which the law doth require shall be transacted only by Parliament the people doe handle approve of by their Knights or Burgesses in those things which the Law hath entrusted the King with many of which concerne the good of the whole what he does is their act Hence it may appear the Kings Writ by which he calls the Houses together to consult de quibusdam arduis urgentibus negotiis is no waies opposite to this supposed Law understood with due limitations The desire of the Commons in the Raigne of Edw. 3. seems to mee fully to justify the same which was that they might not advise in things de queux ils n'ont pas cognizance The matters in debate were of no small concernment being no lesse then the setling intestine commotions guarding the marches of Scotland and the Seas But the answer is herein they renounce not their right of consent they only excuse themselves in point of counsell referring it rather to the King and his Councell Here then we have the judgement of the House of Commons that in affaires of some nature and those too very much concerning the safety of the whole Kingdome there may be fitter Counsellors then they are I had conceived n' avoir pas cognizance had not signified to be ignorant or not to understand things so thoroughly since cognisance uses to be taken in a Law-notion and to signifie a right of handling matters judicially or power and jurisdiction as cognisance of Plea We meet with a very observable passage and which will give us great light in this buisines it is to be seen in a diary MS. of the Parliament held 1. Hen. 4. Et le lundy ensuivant S. lendemayn des almes les communes priont qu'eux ne soyiant pas entrez en les rolles de Parlement come parties as juggementez quex sount donez acest Parlement mes la ou ils sount in rei veritate partie et prive a cella quar lez juggementz appartient solement au Roy fosque la ou ascun juggement est renduz sur vn estatute feat par le comune prositz de Royalme Le quel fuist grante In English thus And the munday following scil the morrow after all Soules-day the Commons prayed that they might not be entred upon the Roles of the Parliament as parties to any judgements given this Parliament save only where in rei veritate they are part and privy thereto For that the judgements appertaine only to the King except where any judgement is given vpon a Statute made for the common profit of the Kingdome The which was granted How this shall derogate from Parliaments either in point of consent or counsell I doe not know for at last they did give both and the King would not be satisfied without them and the passage evinces no more but this that that King was very wise and warlike and had a very wise Counsell of Warr so that in those particulars the Commons thought them most fit to be consulted as perhaps the more knowing men The conclusion which more naturally followes is this when the King requires and will not otherwise be satisfied they may advise in matters not properly of their cognisance The conclusion by which he thinkes he hath gained so much may without any inconvenience be assented to These words ad tract andum or dinandum saciendum doe fully prove that the people in those dayes were sâ—mmoned ad consensum as well as ad consilium Be it so in those things which belong to their cognisance The formes which are used in passing a bill confesse so much les Communes ont assentés and les Seignevrs out assenás I have not yee done with his rule Quod omnes tangit ah omnibus approbari debet It is true the most popular state could never punctually observe it For some of the poorer some of the younger sort and women generally by reason of their sex are excluded yet all those having lives to loose are concerned in the publique safety But with what equity can he then thinke a considerable party of this Kingdome can be denyed the benefit of that which he conceives a most reasonable law I meane the Clergy who certainly cannot deserve to forfeit the priviledge of common men because they are more immediately the servants of God His next endeavour is to shew that Parliaments have been much lessened and injuried of late by some passages in his Majesties answers But he can never make it appeare that any part of their truly ancient power is denyed to them The Kings words are what the extent of their Commission and Trust is nothing can better teach them then the writ whereby they
which pretends to take care of their safety His way of arguing is very plausible and seemeth to carry more strength because it worketh upon our understanding by our affection The summe is this in case of apparent and imminent danger the Peoples safety is not to be neglected they ought not to be exposed as a Prey to the enemy who if he take them unprovided will destroy them all therefore most fit they should be put into a posture of defence now none so fit Iudges of this apparent and imminent danger as the two Houses wherefore they to order this Militia So that it must be in their power to command Men raise Horses seize on all the Ammunition send for what supplies of mony they think necessary for repelling these dangers else they are not sufficiently enabled for that great work the peoples preservation Here we are falne back again into what we so much complained of Arbitrary power nor is the thing taken away but placed in another body all that we have gained is only this we shall not be beaten by the same hand Was not this the very case of Ship-mony upon supposall of a necessity and the Kingdom being in danger very fit to secure it and the people this cannot be done without money the danger will not allow the delay of asking the Subjects consent and going the ordinary way of Law therefore an extraordinary course them becomes legall and very reasonable it is the Subject should be content to part with some rather then loose all now who fitter to judge of this necessity then the King as being most fully informed by His advantage of intelligence from His Embassadors Agents c. of the designes of forraigne Princes and States To wind our selves out of this Labyrinth we will goe on those grounds on which they argued against Ship-mony for as the Argument runnes parallell so will the answer This therefore was laid downe as a sure ground of reason that it was better for the Kingdom though it were in reall danger in arenâ consilium capere to shift for it selfe as well as it was able by a suddain defence then that the Law should provide such a remedy which would be so easily so frequently abused upon every pretence of danger to prevent such an evill which could extreamly seldome or almost never happen for an Army and Navy could not be so secretly provided but that we must have some intelligence of it So in the case of the Militia it is much better that by being continued in the old legall way it should hazard it selfe to such a possible danger then that Law should provide such a remedy for what probably will never happen as being abused upon pretences may every three years put the Kingdom in combustion To repell danger any way but by Law is the greatest danger of all Let the world judge whether the pronouncing Sr Iohn Hotham's act Treason be not contrary to the clearest beams of humane reason and the strongest inclinations of nature for every private man may defend himselfe by force if assaulted though by the force of a Magistrate or his own father and though he be not without all confidence by flight He is strongly resolved upon the conclusion that will bring it in upon such premises Sr John Hotham his asseizing on the Kings Towne and Ammunition was it seemes in his own defence who assaulted him did His Majesty drive him into Hull what can he think of the Gunpowder-traitors was their resistance a just defence then certainly every Rebellion is a just warre Indeed what is that thing which we call obedience if a man may refuse to submit to Law in his own defence Here whole Nations being exposed to enmity and hazard being utterly uncapable of flight must yeeld their throats and submit to assassinates if their King will not allow them defence There is great difference betwixt a Subjects defending himselfe and offending his King His fears are over-witty if they will not permit him to think himselfe safe except he get into one of the Kings sorts for his better security See if we are not left as a prey to the same bloody hands as have done such diabolicall exploits in Ireland c. if we may not take up armes for our own safety or if it be possible for us to take up armes without some Votes or Ordinances to regulate the Militia Subjects upon in vasion would not have wanted Commission to take up armes till then they are safe enough by the benefit of the Law which could not possibly have better provided for their safety then by denying them a power to take armes as often as ambitious choletick men for their own ends shall perswaâ—e them they are it danger For by this meanes being easily deceived whilest they endeavoured to avoyd false they would run themselves headlong into true perills The King saies the Parliament denies c. to whether now in this uncertainty is the Subject bound to adhere It is possible circumstances may afford us some light for our direction We may consider whether the Houses doe not barely say and whether His Majesty doth not descend so farre as to give reasons for what He does and to shew the Kingdom the ground of His actions by particular citation of the Lawes which justify them We ought to agree whether swerving from Law be to be judged by the action or by the authors that is if the King should have done whatever they did and the Houses what ever He did whether all would not then have been legall because done by them The King doth not desire to captivate any mans understanding to His authority but is willing to make all the world the judge of His actions neither is a blind obedience a part of any mans duty to the Houses The best way to discerne a right will be to consult the rule which is Law and not measure the legality of an act by the doer Some things are matters of fact here we may be guided by sense and judge as we see As whether the King has seized on any thing wherein the Subject hath a property or whether the Subject hath not seized upon something wherein the King hath a property whether the King hath raised warre against the Parliament that is whether His Guard was an Army and whether Hull is now London We had a maxime and it was grounded upon nature and never till this Parliament withstood that a community can have no private ends to mislead it and make it injurious to it selfe True in a state where the collective body assembles and the reason of it is evident for though every man aime at his greatest particular interest yet except it be agreeable to the interest of the major part it will never passe into an Act and if it be advantageous for the most it is to be esteemed publique Now what service this can doe the two Houses I cannot see because they are a representative body If