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<DATE>2011-09-07</DATE>
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<NAME>Alexis Jakobson</NAME>
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<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>CERTAIN MATERIALL <HI>CONSIDERATIONS</HI> Touching the differences of the pre&s;ent times, collected by a faithfull pur|&s;uer of Peace and Truth.</P>
<Q><BIBL><HI>1 COR. 13.8.</HI></BIBL> We can doe nothing again&s;t the truth, but for the truth.</Q>
<Q><BIBL><HI>1 THES. 5.21.</HI></BIBL> Prove all things, hold fa&s;t that which is good.</Q>
<Q><BIBL><HI>JAM. 3.17.</HI></BIBL> The wi&s;dom that is from above, is fir&s;t pure, then peaceable, gentle and ea&s;ie to be entreated.</Q>
<P>London, Printed 1642.</P>
</DIV1>
<DIV1 TYPE="dedication">
<PB REF="2">
<OPENER><SALUTE>Right Honourable,</SALUTE></OPENER>
<P>_THe&s;e Collections which I herewith &s;end, having pa&s;&s;ed the cen&s;ure of &s;ome learned Friends with good appro|bation, I pre&s;ume to commend to your Honours peru&s;all and finall di&s;po&s;ing: If I be out in any thing I &s;hall ac|cept it as a great favour if your Honour wil &s;toop to ad|verti&s;e me of it. The notes upon the Ob&s;ervations I have not yet fairly copied out, being a weak &s;cribe, in regard of my continuing infirmi|ties: otherwi&s;e I had adventured them with the&s;e, (as I had a good while &s;ince de&s;igned them) to your Honours hands: glad would my heart have been (as I pre&s;ume many more) if the pen or tongue might rather have arbitrated the&s;e differences then the &s;word, which puts no difference between good and evill; The good God look downe in mercy upon the Land, and put an happy end to the&s;e mi&s;eries which otherwi&s;e are like to put a mi&s;erable end to all our happine&s;&s;e. This is the con&s;tant prayer of&punc;</P>
<P>Late at night and in ha&s;te</P>
<CLOSER><SIGNED>Your Honours humbly devoted and (in the&s;e times) namele&s;&s;e &s;ervant in Chri&s;t Ie&s;us.</SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="dedication">
<PB REF="2">
<HEAD>To his Friend.</HEAD>
<OPENER><SALUTE>SIR,</SALUTE></OPENER>
<P>_HAving beene much troubled (even to re&s;tle&s;ne&s;s) in my thoughts, about the tender and dangerous di&s;tractions of the&s;e times, I have oft and ear|ne&s;tly be&s;ought Almighty God in my prayers, that he would &s;o a&s;si&s;t mee with his &s;pirit, that I might hone&s;tly &s;et my &s;elfe to &s;eeke the truth, &s;o &s;eeking might find it, and finding it might cheerfully embrace it, and con&s;tantly cleave unto it, in what ca&s;e or danger &s;oever I &s;hould finde it. To this end I tasked my &s;elfe to the &s;adde&s;t and &s;evere&s;t Meditations my weake body and Intellectuals could undergo: which being (I tru&s;t by the guidance of GOD) re&s;olved into the&s;e en&s;uing <HI>Hypothe&s;es,</HI> I commit to your judicious and mo&s;t impartiall cen|&s;ure; being not &s;o fond of my own fancies, but that I can endure to &s;ee them &s;tript naked, and if they prove not the i&s;&s;ues of Truth, to di&s;inherit them from ever having further po&s;&s;e&s;sion of my thoughts. I &s;ee not many things, and heare not all; living &s;o re|mote from any Town where the Tyde of Books and reports flows in. Some Pamphlets there are walking about with as much confidence (and finding as good entertainment) as Truth it &s;elf needeth, and with a great deale le&s;&s;e mode&s;ty then that u&s;eth to doe: Pleas, Appeals, Rea&s;ons, &amp;c. which beg the que&s;tions I looked they &s;hould prove, and left mee more un&s;a|tisfied (rather) then they found mee. I have hitherto (perhaps through fondne&s;&s;e) more contentment from the&s;e conceptions of my owne, which I entreat you to examine with all faithfulne&s;s and &s;everity: as knowing that you cannot doe your &s;elf or me any greater injury, then to flatter me in fal&s;hood; who am come (prai&s;ed be God) &s;o far towards wi&s;dome, as heartily to thank him who rebukes me in love, and lovingly to honour him who refutes me with rea&s;on.</P>
<CLOSER><SIGNED>Homo &s;um, errare po&s;&s;um: Chri&s;tianus &s;um, Haereticus e&s;&s;e nolo. PHILALETHES.</SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="notes">
<P>THe Book of Ob&s;ervations upon His Maje&s;ties An&s;wers and Ex|pre&s;&s;es did mo&s;t of all &s;tumble me, but it was more by confoun|ding then convincing my rea&s;on: upon a due examination it &s;ee|med to me but a &s;olid piece of Sophi&s;try, or learned Impo&s;ture, I have made &s;ome &s;trictures throughout upon him, you &s;hall &s;ee and cen&s;ure them if I may receive any intimation that you gue&s;&s;e them worth the looking on.</P>
</DIV1>
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<DIV1 TYPE="text">
<PB REF="3">
<HEAD>Con&s;cientiae laboro, non famae, non vitae.</HEAD>
<P><HI>Whilst I was mu&s;ing the fire kindled, and at the la&s;t I &s;pake with my pen; wri|ting but what I believe, and believing what I write to be the very truth, my con&s;cience bearing me witne&s;&s;e in the Holy Gho&s;t.</HI></P>
<P>_ALthough the King and Parliament a&s;&s;embled together, are the mo&s;t honourable and &s;upream Court of the Kingdome, from whom there is no humane Appeal; yet they are &s;till to be loo|ked on but as a company of men &s;ubject to infirmities, pa&s;&s;i|ons, and errours as others are: and therefore may determine (even where they concur) things evill in them&s;elves: or el&s;e we mu&s;t grant that no Parliamentary Acts were ever evill in them&s;elves (and &s;o needed no abrogation) but only inconvenient for time and occa&s;ions, and &s;o needed but &s;u&s;pen&s;ions, till fit &s;ea&s;ons of re-inforcing them might return. And if the whole may erre in their determinations, much more may the parts &s;eve|rally and alone.</P>
<P N="2">2. In &s;o great a number it is probable there &s;till will be, (as it is certain now there are) &s;ome of green yeers, &s;lender parts, &s;mall experience, little, or no learning either in Arts, or Law: and I may adde (from the cen&s;ures of &s;ome part of that Court upon the other) of (at lea&s;t) &s;u&s;pected integrity: who as they are cho&s;en by popular voices (wherein &s;ini&s;ter References of times beare no &s;mall &s;way) &s;o are they (probably) lead in Voting by Popular Arguments tending mo&s;t to liberty: being incompetent Judges of the Method's and My|&s;teries of State-government. Whence it will follow, that &s;ince number of Voyces, and not depth of Argument carries it; the fitte&s;t and ju&s;te&s;t Propo&s;i|tions, may be oft overborn by number, which cannot be confuted by rea&s;on.</P>
<P N="3">3 As it is true, that <HI>no evill ought to be imagined of the Parliament,</HI> &s;o is it as true that <HI>No evill ought to be imagined of the King;</HI> and yet it is not untrue, that where there is none, the <HI>Greate&s;t evill</HI> may be &s;u&s;pected, and the <HI>Greate&s;t evill</HI> may be where <HI>None</HI> is imagined.</P>
<P N="4">4 Though no Evill ought to be imagined of the Parliament, <HI>conjunctim</HI> and in the lumpe: <HI>viz.</HI> That what the King and Both Hou&s;es &s;hall faitly and freely conclude upon and enact, will prejudice no man; yet in regard of particular Members, when I know evill by them, I may &s;u&s;pect evill from them. El&s;e why doth one part of the Parliament not only &s;u&s;pect, but &s;ay &s;o much, and &s;o great evill of the other? Whil&s;t they mutually repute each other enemies to the State, which of all Civill evils is the greate&s;t.</P>
<P N="5"><PB N="5" REF="3">5 When there is a noi&s;e of extream danger (which all men fear) and then earne&s;t undertaking for prevention, (which all men de&s;ire) it is ea&s;ie to conceive, how readily men will a&s;&s;ent, without a due examination either of the immi|nence of the danger, or lawfulne&s;&s;e of the prevention: e&s;pecially men of the weaker &s;ort, not well able to judge of either.</P>
<P N="6">6 When it is po&s;sible that no one in either hou&s;e of Parliament may bee learned in the Laws, &s;ince Noblemen, Knights, Gentlemen, Citizens and Town&s;-men (of which they con&s;i&s;t) are not nece&s;&s;arily &s;o to be, nor one more then Another: I &s;ee not how the judgment of the Law can fully and properly re&s;ide in them; e&s;pecially when the King con&s;ents not. And &s;o much &s;eems implyed by the &s;itting of the Judges in the hou&s;e; who (for ought I heare) have no other office there, but to advi&s;e or adverti&s;e in point of Law.</P>
<P N="7">7 When it is &s;aid, that the judgment of the major part of both hou&s;es is the judgment of the Parliament, and con&s;equently of the Kingdom; I conceive it is not rightly affirmed. For (be&s;ides that the judgment of the Clergy is not (&s;o much as in a &s;hadow) there repre&s;ented, who are a con&s;iderable part of the Kingdome, and &s;hould be pre&s;umed to have as good judgment, and be as good men as others:) I re&s;igne not my judgment but obedience to the Parliament: and not barely to the Burge&s;&s;es of my own Town (whom perhaps I think ve|ry unfit, and who were cho&s;en again&s;t my will,) but to the re&s;ult determinati|ons of both hou&s;es; and not to them only neither, but as all are allowed, con|firmed, and perfected by the Kings a&s;&s;ent. For I am repre&s;ented in the Com|mons but as &s;ubordinate to the King, and to joyn with the King and the Lords (not without, or again&s;t both, or either of them) to make Lawes for the good of the Kingdom. So that when the Act is made by the concurrence of all three States; then, and (I &s;uppo&s;e) not till then, it becomes obligatory, and as a peaceable Subject I mu&s;t obey, if it be lawfull before God; though my judg|ment be &s;till free, and at home, and I do think it inexpedient, as the Negative part of Votes do. For it is impo&s;sible, and again&s;t Rea&s;on and Nature, that an under&s;tanding Mans judgement, backt with &s;trength of Argument &s;hould bee led captive meerly by the ods of two or three voices.</P>
<P N="8">8 The major part of the hou&s;es being that part, which exceeds the other though but by three or foure voices: &s;hall not that Law which is concluded only by the advantage of tho&s;e voices, without the Kings con&s;ent, be a <HI>Lesbian</HI> Rule, or a No&s;e of wax; which upon a &s;econd Vote may pa&s;&s;e the contrary way, upon a ca&s;uall ab&s;ence or pre&s;ence of &s;o &s;mall a number? The Law is a &s;trait Rule, and always like it &s;elfe. If &s;uch or &s;uch a thing be Law after it was &s;o voted by the major part of the hou&s;es, it was Law before it was &s;o voted; unle&s;&s;e an ab&s;olute power of New-law-making be in &s;uch a Vote) and &s;o might
<PB N="6" REF="4">be put in execution without a new voting: only the Law ought to be produced. If the major part of the Votes of both Hou&s;es be only Declarative of the Law, then in rea&s;on the fir&s;t Voting &s;hould &s;tand, or el&s;e this will bee a very uncer|taine rule: And &s;o the ca&s;e of ordering the <HI>Militia</HI> &s;hould not be according to Law, becau&s;e it was fir&s;t, and twice countervoted by the Hou&s;e of Lords. Such broad and obvious exceptions ought in matters of &s;o high concernment, to be fully cleered and removed.</P>
<P N="9">9. When the que&s;tion is, <HI>Who &s;hall be Iudge of Law?</HI> I conceive it mu&s;t bee meant, either of the &s;ence of particular Laws, or of the latitude and &s;cope of the Law in generall. If of the fir&s;t, I &s;uppo&s;e the &s;ence will appeare, either fir&s;t, By the cleere light it hath in it &s;elfe, (as the Sun &s;hewes its own light) or &s;econdly, By references to other Laws or clau&s;es touching the &s;ame argument which are more per&s;picuous. Or thirdly, By the u&s;ance and practice, which is the life of Laws. If none of the&s;e can make it plain, in my judgement it becomes no Law, but is ob&s;olete, until a ful &s;ence be agreed on again by that ful Authority which fir&s;t made the Law. Otherwi&s;e I &s;ee not how any rule for declaring of Law can be alwayes ab&s;olutely determinative. For (be&s;ides that the &s;ame thing is at divers votings, diver&s;ly voted) If the Votes of either Hou&s;e &s;hould chance (as po&s;&s;ibly they may) to be equally divided, and the major part of both Hou|&s;es &s;everally, be nece&s;&s;arily required to determine; where &s;hall the determina|tion be, when the Votes of one (at lea&s;t) are equally ballanced? Unle&s;&s;e we fly to a third way, <HI>viz.</HI> the major part of both Hou&s;es in gro&s;&s;e, where the excep|tion lyes as full, becau&s;e even then al&s;o they may chance to be equall. If it be under&s;tood of the Second, then that Latitude or Scope ought to be evinced frome &s;ome Termes in the Law expre&s;&s;ed, (which termes are to be produced) and not from the plea&s;ure of any who &s;hall &s;ay that is lawfull which &s;eems &s;o to them: e&s;pecially when they make them&s;elves the &s;ole Judges of Law and Equity. For whither will not &s;uch a liberty reach? A Tran&s;ition is &s;o made, <HI>&agrave; genere ad genus,</HI> from po&s;itive law to the law of rea&s;on; and that, being vari|ous according to diver&s;ity of apprehen&s;ions, cannot bee impo&s;ed upon all, where the full Legi&s;lative power is not concurrent. And I conceive it is no<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> pro|perly &s;aid, That in extreame danger, I may by Law doe that which otherwi&s;e I may not do: but that in &s;uch a ca&s;e, I may doe that and be excu&s;ed, which by Law I cannot doe. As in an a&s;&s;ault (I thinke) the Law doth not &s;ay, you may <HI>kill a man,</HI> or <HI>take away his weapon,</HI> but if you doe it, The Law will not puni&s;h you, becau&s;e it is again&s;t all rea&s;on, that where the Law affords me no help, it &s;hould not hold me excu&s;ed for helping my &s;elfe, when Nece&s;&s;ity (which hath no law) is &s;o pre&s;&s;ing, that otherwi&s;e I mu&s;t peri&s;h.</P>
<P N="10">10 When nece&s;sitie and extream danger are made the grounds, for (other|wi&s;e)
<PB N="7" REF="4">doubtfull and dangerous undertakings, it were meet tho&s;e Termes were rightly defined, that &s;o we might cleerly &s;ee the foundne&s;&s;e of our warrant. I conceive it to be, when a man is &s;o pre&s;ently di&s;tre&s;&s;ed, that hee can make no po&s;sible u&s;e of any po&s;itive law to helpe him, and &s;o becomes in a &s;ort di&s;ob|liged from it, and left free to the law of Nature, which prompts every thing to &s;eeke the pre&s;ervation of it &s;elfe. This nece&s;sity di&s;penceth with ordinary duties both to God and man. But we mu&s;t be &s;ure of the nece&s;sity before we a&s;&s;ume the liberty. If a man &s;teale, and plead nece&s;sity, he &s;hall not be excu&s;ed becau&s;e the Law hath not left him remedile&s;&s;e in his want. I may not take a|nothers &s;word from him, becau&s;e I have cau&s;e to feare he will hurt me; nor the &s;word that I have lent one, though he hath threatned to kill me, &s;o long as he drawes it not upon me, nor offereth force unto me: Becau&s;e I have yet a re|medy by law, and may bind him to the Peace, <HI>&amp;c.</HI> And then much le&s;&s;e may I wre&s;t his away that hath &s;worne to defend me. When nece&s;sity is but &s;uppo|&s;ed, no Simple and ab&s;olute nece&s;sity is confe&s;&s;ed, and &s;o no law under pre|tence of nece&s;sitie is yet to be violated. The Kingdome may be in danger and yet the danger not extreame; nor any nece&s;sity &s;uch, but that it may bee pre|&s;erved by ordinary defence: or if the danger be urgent, we may not &s;eeke to prevent that without Law, which by law is well provided for already. In great dangers (&s;uch as now are &s;uppo&s;ed) the Kingdome is to be put into a po|&s;ture of defence again&s;t Forraigne Inva&s;ion, or Dome&s;tick Tumult and Rebel|lion. By Law and Cu&s;tome the King is to order it. [And &s;o much is acknow|ledged by the pre&s;ent Parliament in their Reply to the Kings An&s;wer of the 29. of January: where (&s;peaking of the Forts and Ca&s;tles of the Kingdome) they have the&s;e words. <HI>viz. We confe&s;se the nomination of any per&s;on to tho&s;e places, be|ing &s;o principall and in&s;eparable a Flower of your Crowne ve&s;ted in you, and derived to you from your Ance&s;tours, by the fundamentall Laws of the Kingdome, you may re&s;erve to your &s;elfe.</HI> And anon after &s;peaking of the <HI>Militia,</HI> They &s;ay, <HI>Which Militia <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e likewi&s;e acknowledge by the Law is &s;ubject to no command but of your Maje&s;tie, and of Authority lawfully derived from you&punc;</HI>] Now the King carefully applying him&s;elfe to it; I &s;ee not what nece&s;sity, or di&s;obliging extremity can ju&s;tly be alleadged to di&s;po&s;&s;e&s;&s;e him of it, when he is not convinced to have failed in his duty. To doubt that he will faile, is not to prove that he hath, but rather that yet hee hath not done it. If the Enemie were landed, or the Subjects a&s;&s;aulted (which are degrees beyond our dangers, (at lea&s;t) when this fell fir&s;t into debate) the ordering of defence would be &s;till in the King; (unle&s;&s;e where particular out|rages, enforced particular places to the defence of them&s;elves by the law of Nece&s;sitie, which awaiteth no Lawes.) But if the King bee regardle&s;&s;e of his Tru&s;t and his peoples &s;afety, and let the Enemy graze along his Kingdome; or
<PB N="8" REF="5">any of his Mini&s;ters prove fal&s;e to the State, and either take with a Forraigne, or become them&s;elves a home Enemy, and the King &s;trive not to &s;uppre&s;&s;e them, or (all which far be it to imagine) do animate and incite them to de&s;poyle his good Subjects; Then (and I &s;uppo&s;e not till then) is the danger in extre|mity, and then is the plea ju&s;t for the Lawes of nece&s;sity&punc; which doe not on|ly enable the State in common, but every man in particular to &s;eeke the pre&s;er|vation of him&s;elfe and of his Countrey, by all &s;uch wayes as &s;tand not in op|po&s;ition to the Law of God.</P>
<P N="11">11 When I prote&s;t to defend the power and priviledges of Parliament; It is but &s;o far as lawfully I may, and &s;o far as I know them, or ought to know them being ea&s;y to be knowne, <HI>viz.</HI> &s;uch as by Cu&s;tome and unanimous Con&s;ent have obtained as unque&s;tionable, not &s;uch as are quarrelled among them&s;elves, &s;ome claiming, and others gain&s;aying: nor &s;uch as are challenged, without, or again&s;t the King; who being part of the Parliament, ought to have Con&s;ent in the concluding of Priviledges; at lea&s;t ought not to be unpriviledged with|out his con&s;ent who&s;e priviledges are prote&s;ted for, as well as (and with) the re&s;t, and the defence of them &s;worne to in the oath of Supremacy: Where wee &s;weare <HI>(to our power) to a&s;si&s;t and defend all Iuri&s;diction, priviledge, preheminence and Authority graunted or belonging to the Kings Highnes, his Heires</HI> &amp;c. If the di&s;po&s;ing of the Navy, Forts, Magazines, and <HI>Militia</HI> bee (as tis confe&s;&s;ed they are) by the Law of the Land the Priviledge of the King, there can be no di&s;tinction (to my apprehen&s;ion) imagined, upon any feares, or iealou&s;ies what&s;oever, (where no evill is by him actually practi&s;ed, and all intentions of evill are ab&s;olutely ab|jured) to warrant any men, (few or moe, in Parliament, or out of Parliament, who have taken that Oath) to di&s;po&s;&s;e&s;&s;e him of them, or detaine them from him, in what manner &s;oever hee &s;hall come to demand them. For the Oath is peremptory and unlimited, <HI>&amp; non e&s;t di&s;tinguendum ubi lex non di&s;tinguit.</HI> To &s;ay they are de|tained for him, (not from him) might have &s;ome colour if the King were either a child, di&s;tracted, or Weake minded: But to an adult and under&s;tanding Prince, &s;uch a pretence is a higher derogation, by di&s;paraging his wi&s;dome or fidelity.</P>
<P N="12">12 Where power is inve&s;ted in any; and by cu&s;tome, and free con&s;ent of all is made hereditary: I conc<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ave it cannot afterwards be limited with other con|ditions then at fir&s;t were agreed on, without the con&s;ent of him that hath it.</P>
<P N="13">13 That which is certainly lawfull, and but doubtfully dangerous, is to be cho&s;en rather then that which is not certainly lawfull, and but doubtfully &s;afe, When A man offers no violence, (though upon good rea&s;on I feare he will hurt me) to let his &s;word alone is certainly lawfull, and but doubtfully dangerous: To wre&s;t it from him when he makes no a&s;&s;ault, is not certainly lawfull, (but rather certainly unlawfull) and but doubtfully &s;afe: (or rather undoubtedly dange|rous)
<PB N="9" REF="5">for by that occa&s;ion a quarrell may be made, and bloud &s;hed, which might otherwi&s;e po&s;&s;ibly (at lea&s;t) have bin &s;aved. I would the application were not ea&s;ie.</P>
<P N="14">14 If a man being illegally di&s;po&s;&s;e&s;&s;ed of his right, doe (in heat of contenti|on) u&s;e &s;ome illegall meanes for the recovery of it, that is not to be drawne into argument to ju&s;tifie the illegallity of the fir&s;t u&s;urpation. If a man una&s;&s;aulted wre&s;t my &s;word from me, and I afterwards beat him, he may not draw my after|beating into argument, to ju&s;tifie his taking my &s;word from mee.</P>
<P N="15">15 When the envy of not yeilding to the advi&s;e of his great Councell, is ca&s;t upon his Maje&s;tie; It is fit to &s;et the ca&s;e upon its owne leggs. It &s;eemes by ma|ny pa&s;&s;ages in the ob&s;ervations, and other bookes and by more then Booke-pa&s;|&s;ages, that the King is e&s;teemed a Tyrant over his people. For what el&s;e is im|plyed in the di&s;tru&s;ting and Vilepending of his Oathes, Obte&s;tations, Impreca|tions, Execrations? In reputing the Attendance and Company about him (whom he ownes and protects) Enemyes to the State in rai&s;ing at lea&s;t defen|&s;ive Armes? in &s;eizing his Navy, Shutting the Towne Gates again&s;t him, and po&s;&s;e&s;&s;ing his Forts and Magazines again&s;t his Command? For will a man wre&s;t anothers &s;worde from him, if he do not pre&s;ume he will draw it upon him? Nay, is it lawfull to take any mans &s;word (if any mans then) till it be drawne upon him, or &s;ome violence offered him, or threats given him? [If it be &s;aid then it is too late, it may as well be &s;aid, till Then it is too &s;oone] Now then, When they are &s;o opinioned, and jealous of the Kings love and fidelity; how can it be imagined that he &s;hould looke on them as Ingenuous and Equall Coun&s;ellours, and not be as di&s;tru&s;tfull of the &s;incerity of their advi&s;e? For how &s;hall I per|&s;wade another to be directed by me as his friend, when I give him to under&s;tand that I take him for mine Enemy, that intends mi&s;cheife again&s;t me? e&s;pecially when the matter is not of ordinary concernment, wherein each ones Rights are left free and untouched; but &s;uch as trencheth deep into his Maje&s;ties Preroga|tive, and tendeth not only to the &s;panning of his power, but mainly al&s;o to the quenching of his honour; whil&s;t by yeilding to &s;uch advi&s;e, he mu&s;t tacitely confe&s;&s;e that he is not worthy to be tru&s;ted, and by con&s;equence openly proclaime that he is unworthy to be King.</P>
<P N="16">16 If the (&s;o called Malignant party &s;hould chance to be the prevailing part in the hou&s;es, The King puts the ca&s;e in his An&s;wer to the Declaration of the 26 of May, <HI>pag.</HI> 8. and &s;hould alleadge that through the precipitancy of &s;ome mens pretended zeale, the Kingdom were like to run into confu&s;ion, (for &s;uch a ca&s;e may be, and <HI>[Con&s;piracy for pretended Reformation]</HI> was the Title and Argument of a Book many yeers &s;ince) and therefore mu&s;t be &s;afely &s;ecured: and pre&s;uming the King favours that &s;ide, and not liking the cour&s;e that he will take to &s;ecure the Kingdom, they &s;hould vote it lawfull for them to doe it them&s;elves without
<PB N="10" REF="6">him: mu&s;t this pre&s;ently be concluded to be the judgement of the whole King|dome, and to be according to Law, when no law can be produced? and the King to bee ill-affected to his be&s;t Subjects, or to be mi&s;led by evill Coun&s;ellours to un|doe him&s;elfe and all his Kingdome, by not yielding to the advi&s;e of his great Coun&s;ell? or will the Adver&s;e part take it well to be reputed Enemyes to the State, a malignant Party, evill Coun&s;ellors <HI>&amp;c?</HI> If not, It were but meet that the &s;ub&s;tantiall differences of the ca&s;e were &s;o well opened, that they that de&s;ire to know what is iu&s;t and right might tell where to find it; and that all men of mo|derate Capacity and Ingenuity, might cleerly &s;ee the Infallibility of the one par|ty, and the Hypocrify of the other.</P>
<P N="17">17 When the Forts, Magazines, Navy, Offices, <HI>&amp;c.</HI> are &s;aid to be intru&s;ted to the King, or the King intru&s;ted with them for the good of the Kingdome; The fence of the word <HI>Intru&s;ted,</HI> in this place would be cleered. Not to que&s;tion whether the King have the&s;e things by way of Tru&s;t from the people; it will be of all granted, (as it is by the King him&s;elfe) that God &amp; the Law have tru&s;ted him with them, and that for the good of the Kingdom: and &s;o to imploy them he is further tyed by his Oath. But there is a twofold tru&s;t, one that is Ab&s;olute and unlimited, otherwi&s;e then that the end is &s;pecified, &s;uppo&s;ed, or pre&s;umed: end not &s;o much limiting the Tru&s;t, as the Tru&s;t denoting &amp; implying the end. And there is a Tru&s;t conditionate and circum&s;cribed in &s;uch &s;ort, that to faile in the performance is to forfeit the Tru&s;t. The fir&s;t gives a man a right to the thing intru&s;ted; The &s;econd gives him only a right to the tru&s;t of the thing. I conceive the Kings Tru&s;t is of the fir&s;t kind, who being pre&s;umed to mean All good to his people, (according to the Maxime in Politicks, <HI>No evill ought to be imagined of the King</HI>) hath the&s;e things frankly and ab&s;olutely committed to his Governance and di&s;po&s;ing: And however he &s;hall order them, I &s;uppo&s;e he is accountable to no man, nor que&s;tionable by any, unle&s;&s;e he cleerely, publickly, and undoubtedly di&s;po&s;e of them to the ruine of his Kingdom; and &s;o puts the people to an evident extremity or lawle&s;&s;e nece&s;sity. If there be any limits the Law &s;hould expre&s;&s;e them, For he being Supream, there is no other power to impo&s;e them. Neither are the actions of his Mini&s;ters to be cen&s;ured, unle&s;&s;e by them the known Lawes have bin violated. If this Tru&s;t mu&s;t be managed or re|gulated by both Hou&s;es of Parliament; Fir&s;t that Power &s;hould be made appear to the King and the People, and then there mu&s;t either be a &s;tanding Court of Parliament, or el&s;e one mu&s;t be called &s;o oft as the King &s;hall have occa&s;ion to &s;end out Ships, take out, or put in powder or Amunition into his Magazines, chu&s;e any Officers, &amp;c. which is uncouth to co~ceive. If a man having confidence of his Friend, &s;hall &s;ay to him, Sir, I will freely give up my whole e&s;tate into your hands, only you &s;hall &s;weare you will be a Father to my Children, here is
<PB N="11" REF="6">implication of a Tru&s;t, and yet a clean right in the thing&punc; &s;o that he may &s;et or &s;ell, build or pull down, give or lend, and yet be accountable to none, nor fal&s;ifie his Tru&s;t, &s;o long as the Children want nothing (yea, and if he fail<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> of the tru&s;t, perhaps &s;ome Court of Con&s;cience may relieve them but I believe no po&s;itive Law can controule him. The ca&s;e is otherwi&s;e with Feoffees, or Executors in Tru&s;t, who have a right only to the Tru&s;t, and none to the thing intru&s;ted, which is wholly the Heires, the poor's or Legatiries to whom it was bequeathed.</P>
<P N="18">18 The Kings and Subjects intere&s;ts are mutuall He refers to every &s;ubject, and every &s;ubject unto him, as the Lines from the Centre to the Circle: And what intere&s;t he hath in one, he hath in another, and in all as well as in any: And his intere&s;t in them is of an higher Alloy, and more noble. As command i<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">, then &s;ubjection. The intere&s;t of protection is motuall. The <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> is, that all the people are more worth then the King, but King &amp; people and more worth then either.</P>
<P N="19">19 Per&s;onall differences of wi&s;dome of folly, weakne&s;&s;e or &s;trength, cou|rage or cowardi&s;e, meane&s;&s;e or excellency of parts or arts, make no difference in the Right of the King; though they &s;how a great difference in Gods dealing with the Kingdome.</P>
<P N="20">20 When a King playes the Tyrant, or u&s;urps upon his peoples ju&s;t Liberties, I conceive it mu&s;t be either fir&s;t by a violent &s;uppre&s;sion of old Laws and Cu|&s;tomes yet in force, or &s;e<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ondly by a wilfull obtru&s;ion of new Laws by force, or thirdly by a wicked oppre&s;sion by force without Law. When therefore Ty|ranny is imputed to, or implyed in a prince, (of or again&s;t: whom, we ought not lightly to thinke any evill, or receive any accu&s;ation) it will become Chri&s;tians thoroughly to examine upon what points he is convinced, and not to take up &s;uch reports by whole &s;ale and in gro&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">.</P>
<P N="21">21 If the King have not a Negative, he &s;eems not to have &s;o much power in Parliamentary Acts as one common Burge&s;&s;e: For if the Voyce be even be|fore, that Burge&s;&s;es may be the ca&s;ting voyce of the Hou&s;e, and I &s;ee not &s;o much as a vote allowed his Maje&s;ty.</P>
<P N="22">22 When the King &s;hall think it not fit to give his con&s;ent to what the major part of Parliament &s;hall agree upon, He is not barely to be con&s;idered, as one &s;ingle man: again&s;t &s;o many: For be&s;ides his Privy Coun&s;ell at hand, men ac|cu&s;tomed to, and experienced in matters of State: and be&s;ides that po&s;&s;ibly a very great number of both Hou&s;es are al&s;o of the Kings mind; we are to con|&s;ider the King as one be&s;t acquainted with the Rules and My&s;teries of Govern|ment, being (as it were) the Trade to, and is which he hath bin born, bred, and brought up: And therefore is pre&s;umed alone to &s;ee further into it, then many others together. For (be&s;ides that God hath a &s;peciall way of communicating wi&s;dom to Kings, in which regard <HI>A mi&s;e &s;entence is &s;aid to be in the lips of the King. Prov.</HI> 16.10. <HI>And the heart of Kings is un&s;earchable,</HI> Prov. 25.3.) Hy&s;tories make it
<PB N="12" REF="7">plain, that there are <HI>Ar<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">dya Imperij</HI> and <HI>Militi<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">,</HI> which the King and Captains apprehend when a thou&s;and doe not and which perhaps may not be fit for all men, (nay not for any man el&s;e) to know.</P>
<P N="23">23 When an Adult and Prudent Prince &s;hall owne, approve of, and protect &s;uch and &s;uch Per&s;ons as his tryed and known Friends or Coun&s;ellours: If Any (under what pretence &s;oever of their &s;ugge&s;ting evill Coun&s;ell, when no evill practices are apparent, yea when &s;uch Councels and Practices are utterly di&s;|avowed and abjured by the King) &s;hall pre&s;ume, not only without the Kings con&s;ent, but again&s;t his expre&s;&s;e Command, to take up Armes to de&s;troy and take off &s;uch Per&s;ons: though no Evill <HI>(quod ab&s;it)</HI> be intended again&s;t his Per|&s;on; And yet who can tell what is in his heart that comes towards a man with a drawn &s;word in his hand <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">) I &s;ee not what Di&s;tinction can help, but that &s;uch Arms are taken (not for, but,) again&s;t the King. Otherwi&s;e how can any thing be &s;aid to be done again&s;t God; who being inviolable in his Per&s;on, cannot o|therwi&s;e be re&s;i&s;ted, then by the bla&s;pheming of his Name, breaking his Com|mands, rejecting his. Motions pro&s;ecuting, and perfecuting his Servants, &amp;c.</P>
<P N="24">24 When it is &s;aid, <HI>The King was made for the people, and not the people for the King;</HI> (be&s;ides, that the Compari&s;on is as idle as that of the Members again&s;t the Belly in the Apologue, &amp; the Apo&s;tle hath met with it, 1 <HI>Cor.</HI> 12.) it is (al&s;o) not ab&s;olutly true. For the King was no more made a man for others the~ they were for him, nor made a King more for the good and &s;afety of the People then the people were put into &s;uch a po&s;ture of order &amp; obedienche, that e might be &s;afe as well as They: yea rather He, then Any (if not then many) of them, as be|ing &s;uppo&s;ed the chiefe&s;t among them. The &s;en&s;e wherein it &s;eems be&s;t to hold is; That <HI>The King was made for the need or nece&s;sity of the people, and not They for his: Viz.</HI> He can more &s;ecurely be no King, then the People can be without a King. And He takes the &s;urrender of their Power with the Dependances, and Con|&s;equences, not as a kindne&s;&s;e from Them, but as doing a kindne&s;&s;e to Them; (as is implyed in the refu&s;all of the Vine, Fig-tree, and Olive-tree to rule over the re&s;t, in <HI>Jotham's Parable, Judg.</HI> 9.7. &amp;c. and in the Hi&s;tory of <HI>Jepthah, Judges</HI> 11.4. &amp;c.) For on him&punc; They unload their Cares and Feares, who forgoes his Own private Ea&s;e and Quiet, that He may procure it to his People: Him&s;elfe taking care that all men el&s;e may live without Care. Now on whom the Ne|ce&s;&s;ity lyeth mo&s;t, on Them lyes the greate&s;t Obligation to re&s;pect. Therefore Saint <HI>Paul</HI> requires <HI>giving of thanks: for Kings,</HI> 1 <HI>Tim.</HI> 2.2. So may we &s;ay a Cap|tain, a Pilot, a Phy&s;ician, a Schoolma&s;ter were made for the need of their <HI>Correlates,</HI> which &s;hould render Them more honourable, and rather draw re|&s;pects to Them, then challenge greater ob&s;ervance from Them.</P>
<EPIGRAPH>
<Q><HI>Iudge Righteous Iudgment.</HI></Q>
</EPIGRAPH>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
