<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2014-09-23</DATE>
<RESPSTMT>
<NAME>Simon Charles</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch Z140310.pdcc.</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="OX" ID="B09268">
<STC T="W">I109AA</STC>
<STC T="C">R178403</STC>
<BIBNO T="oclc">[ocm]80922865</BIBNO>
<VID>191892</VID>
</IDG>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1">
<PB REF="1" MS="y">
<P>IN ANSWER TO THE EARLE OF STRAFORDS ORATION. The 13, of Aprill, 1641.</P>
<P>Printed in the yeare 1641.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="answer">
<PB REF="2">
<PB N="1" REF="2" MS="y">
<OPENER><SALUTE>With your Lord&s;hips favour,</SALUTE></OPENER>
<P>If the &s;ubver&s;ion of the fundamentals of Faith be Here&s;ie, why not as well the &s;ub|ver&s;ion of the fundamental Laws, Trea&s;on? Shall it be Trea&s;on to de&s;troy the Kings Mi|ni&s;ter? and &s;hall that be none that de&s;troyes his protector? For the Law protects the King, a&s;well as the King the Lawes: and if Lawes did not &s;ub&s;idiate Princes, Kingdoms would totter as foundationle&s;&s;e: nay they are indeed, the very &s;ub&s;i&s;tence of Kings.</P>
<P>Let it be &s;uppo&s;ed, though not granted, that no one particular make it Trea&s;on, may not many and &s;ucce&s;&s;ive Acts amount it to that height? One graine of poy&s;on is not mortall, but many together are. Exportati|on of Sheepe for once is but a Tre&s;pa&s;&s;e, but acted a &s;econd time is Felony by Statute. Re|fu&s;all of the Oath of Supremacy is at fir&s;t not capitall; but refus'd againe, by &s;tatute is made Trea&s;on. And to my weake under&s;tan|ding, my Lords, this cleerly &s;hewes the mind of the Law: one ill act of waving the Law, may be but out of ra&s;hne&s;&s;e, out of Ignorance; but a perpetuated practice, &s;hewes a prepen|&s;ed
<PB N="2" REF="3" MS="y"> malice, and murther thus acted by the 10. <HI>H.</HI> 7. in <HI>Ireland,</HI> is Trea&s;on.</P>
<P>Be it there be no &s;tatute or Common-Law in expre&s;&s;e to make it &s;o, yet nece&s;&s;ary infe|rences, if they be not certainties, are next them; and if the deputed Judge or Gover|nour hath power in the bu&s;ine&s;&s;e of the Sub|ject, to make the &s;way arbitrary, where Law is po&s;itive, I know not but hee may doe the &s;ame in the bu&s;ine&s;&s;e of the soveraigne; &s;o it may come to pull the Soveraignty from the Prince, and place it on his &s;ub&s;titute, and whether this be Trea&s;on or no, I leave to your Lord&s;hips con&s;ideration.</P>
<P>'Tis true, <HI>de non apparentibus, &amp; non exi&s;ten|tibus, eadem e&s;t Ratio,</HI> But my Lords, to make this Trea&s;on, is not unapparent: a partiall eye will not find it, but he that lookes, <HI>Intuitu &s;erio,</HI> may &s;ee even the Triple Gerion of Trea|&s;on in it, for it cannot be but there is <HI>Lae&s;a Respub. Lex Maie&s;tas,</HI> the Common-wealth is oppre&s;&s;ed, the Lawes are &s;uppre&s;t, the Prince is &s;candal'd in act, and &s;ubjected by con&s;e|quence to his Denious determinations: and therefore <HI>I</HI> &s;hall without admiration tell you where this fire hath layen tho&s;e hundred of yeares he &s;peaketh of, even (my Lords) in the hone&s;ter behaviour of other Mini&s;ters of
<PB N="3" REF="3" MS="y"> State, who have not beene injurious again&s;t the Lawes, and there &s;till had it beene buried, if his owne nefarious actions had not un-em|bred it, and fuel'd it a new.</P>
<P>Nor can your Sentence be before promul|gation, &s;ince even your renowned Progeni|tors have already declared it Trea&s;on; though not by a particular Statute in termes: yet by a demon&s;trative practice, which if his Lord|&s;hip would not have beene willingly blind, had beene Buoy enough to keepe him from that Anchor of us all, which now mu&s;t either hurt it &s;elfe, or el&s;e &s;plit him, the Parliament who&s;e Cour&s;es left upon Record cannot be taken for under water workes, &s;o that a very ea&s;ie hone&s;ty and common morallity (with|out Revelation) might have &s;erv'd as the red Cro&s;&s;e and the Bill, to have warn'd him from this plague of Legicide.</P>
<P><HI>I</HI> &s;hall beg as hard as his Lord&s;hip, that you have regard to your &s;elves, for if upon him (by who&s;e authority, Peeres &s;hall be &s;entenc'd to be &s;hot, Noble cutb'd &amp; coop'd up, Lawes &s;ubverted, Freehold di&s;po&s;ed of out of the Courts, Grants under the Royall Seale extrajudicially di&s;anul'd and what may be profit of, Monopoliz'd) you &s;et not &s;ome everla&s;ting Character to deter the like &s;ront|le&s;&s;e
<PB N="4" REF="4"> attempts; <HI>I</HI> know not but the next Com|mer may &s;ubjugate your deare&s;t freedomes, and as remedile&s;&s;e you may then complaine, as tho&s;e who now doe &s;uffer, and have not yet found a redre&s;&s;e.</P>
<P>My Lords under favour, your providence may be &s;hort; if it reach but to burning of Bookes: a fire of dead leaves will be too weake a fuell for a warning Beacon: <HI>A</HI> living Author made exemplary will afford a Taller flame, and if there were no other Law, that of Retaliation could not but be ju&s;t; an Ar|bitrary &s;entence, were but plowing with his owne Heyfer, Who &s;triving to &s;eclude the Lawes, would inferre a kind of legall Tyran|ny, from a bre&s;t that is a Libertine. And therefore your Lord&s;hips, <HI>I</HI> per&s;wade my &s;elfe, will thinke it mightily fit, to ca&s;t this <HI>Ionas</HI> over board, who has occa&s;ioned all the&s;e &s;tormes, indangered all the &s;acred &s;hip of Go|vernment, and by flying the plaine &s;peaking Law, has dar'd by his Imperious Vote, to out|goe even all the bold attemps of Ance&s;try.</P>
<P>It is &s;ome comfort to us, that in 240 years, we have had no u&s;e of the&s;e venerable, (though by him reviled for mu&s;ty) Records. The Common-wealth has had the fewer enemies. And if they worke now but a merited opera|tion,
<PB N="5" REF="4" MS="y"> <HI>I</HI> hope it may be 500 yeares ere any of &s;o bold a brow, &s;hall de&s;peratly againe adven|ture to awaken them.</P>
<P>And if his Lord&s;hip be not made a pre&s;ident for puni&s;hment: I know not but hee may prove a Pre&s;ident for example, to animate others of a Vafrous and pre&s;uming braine, to take up the &s;ame way from a plea&s;urable bo|&s;ome, to doome both Nobles, and the Com|mons, into a State of deep calamity. And &s;o your Lord&s;hips lenity to him; may by indulgence wound a future multitude. His many crimes which you have heard fully pro|ved, will immortallize your Peerage for a no|ble Ju&s;tice. The learned Orator has antiently told us, that <HI>Non pote&s;t cuiquam male de Repub. merenti, ju&s;ta e&s;&s;e cau&s;a.</HI> And though it be &s;e|vere, it cannot be unrighteous, for <HI>Hoe &s;pe|ctant Leges, Hoe volunt; in columem e&s;&s;e Civium Conjunctionem, quam qui dirimunt, eos morte, exilio, vinculis, damno, coercent.</HI></P>
<P>Thus every man will know what channell to &s;teere in, what roks to avoyd, what he is not to doe, what he is not to &s;ay for feare of mee|ting &s;uch paines.</P>
<P>Thus men of hone&s;t wi&s;edome, will be cau|tious of keeping in the plaine rode of the Law, and never hazard (by cro&s;&s;ing through
<PB N="6" REF="5"> untroden Thickets) either Honour, I&s;&s;ue, or fortune, to a lo&s;&s;e. What his Maie&s;tie may graciou&s;ly intend to the pledge of his Sainct, will re&s;t in his mo&s;t Royall heart: Though <HI>I</HI> hope the want of a Midwife did not make her one, now his marryage within a moneth after her decea&s;e did ere make him account her &s;o.</P>
<P>And now (my Lords) wee &s;hall humbly expect your Honorable Judgements, be&s;eech|ing you will be nobly plea&s;ed to defend tho&s;e Lawes which have ever defended you, to have re&s;pect to your owne future liberty, and the &s;afety of the&s;e flouri&s;hing Kingdomes: Then what ever your &s;entence be,</P>
<TRAILER>Te Deum laudamus <GAP DESC="missing" REASON="omitted in print" RESP="OXF" EXTENT="1 word"> Cantemus Iehovae, clangamus te Deum confitemur. Rupibus, &s;alutis no&s;trae.</TRAILER>
<TRAILER>FINIS.</TRAILER>
<PB REF="5">
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
