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
      
       
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             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
             Charles I, King of England, 1600-1649.
          
           8 p.
           
             Printed for William Sheares,
             London :
             1642.
          
           
             Reproduction of original in Bodleian Library.
             Caption title.
             Imprint from colophon.
             An answer to Henry Parker's Observation upon some of His Majesties late answers and expresses.
          
        
      
    
     
       
         eng
      
       
         
           Parker, Henry, 1604-1652. -- Observations upon some of His Majesties late answers and expresses.
           Great Britain -- History -- Charles I, 1625-1649.
        
      
    
       A25456  R22035  (Wing A3210).  civilwar no Animadversions upon those notes which the late Observator hath published upon the seven doctrines and positions which the King by way of rec [no entry] 1642    4809 7 0 0 0 0 0 15 C  The  rate of 15 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 
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           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
             ph●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
             ●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
             ●●y
             )
             was
             never
             claimed
             by
             any
             Parliament
             ,
             though
             in
             conjunction
             with
             (
             the
             ●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.
           
        
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A25456e-30
           
             Pag.
             2.
             
          
           
             Pag.
             3.
             
          
           
             Pag.
             16.
             
          
           
             Rom.
             〈…〉
             ▪