Treasons Masterpiece, Date · Date 3
April the 16.
Lord Com. Fines.
YOur Highneſs the other day laid down as a ground of your enſuing diſcourſe this poſition that there was no neceſſity of the Name and Title of King upon which foundation your Highneſs ſeemed to build the arguments and reaſons of your Highneſs diſſatisfaction, as to that Name and Title and that in ſuch ſort as the matter is now circumſtantiated and ſtated by your Highneſs own ſelf, that there is a neceſſity either in the affirmative or negative, if it be not neceſſary that the name be aſſumed, it is of neceſſity to be declined, and if no neceſſity to decline it, then there is a neceſſity to aſſume it: for although the nature of the thing be it ſelf ſuch as poſſibly may admit a latitude of argument upon the point of expediency and conveniency, and that we are not ſhut up under an abſolute neceſſity either the one way or the other, yet the Parliament having given their judgement upon it, and their advice to your Highneſs in it, your Highneſs ſeemeth to admit that there lye the kind of neceſſity upon you to aſſume it: if there be not a neceſſity to wave it, for you will not without neceſſity decline the advice of the Parliament having ſaid that you ſhould rather chuſe any name, which they ſhould ſix than any name whatſoever without. Then it holdeth out thus much, that you will not put expediency and conveniency, but onelyonly neceſſity in ballance with their judgement, who are the proper Judges of things in that nature, and what is moſt expedient and convenient therein for the three Nations, which they repreſent, and thought a name might otherwiſe be inconvenient, yet accompanied with judgement of the Parliament, it would become more acceptable to your Highneſſe, than any other name without, as your Highneſs hath ſaid and admitted, and beſides the grounds of diſſatisfaction held forth by your Highneſſe, relating to conſcience, they muſt be ſuch as are grounded upon a neceſſity in the negative through the reaſons alledged by the Committee ſhould not of themſelves conclude, but only in expedience in the Affirmative; yet they are ſo far from concluding a neceſſity in the Negative, that they do it by accident in the Affirmative, becauſe there is not onelyonly no neceſſitie of the Negative, but an expediency in the Affirmative, which notwithſtanding is more than lay upon the Committee to make out, it being ſufficient, as this caſe is, to ſhew that there is not a neceſſity to decline it, is to conclude a kind of neceſſitie to take it, and whether or no if the poſition laid down by your Highneſſe were admitted, the reaſons give by your Highneſſe, do upon ſuppoſition conclude a neceſſitie of declining this Name, is the queſtion in the ſecond place: when firſt poſition hath been conſidered, how far it muſt or need not to be admitted; there is a double neceſſity in a natural and a moral neceſſitie: a paternal neceſſitie falleth not under conſideration rules, if it be one reſpect, becauſe their is a kind of impoſſibilitie, at once to enumerate all particular caſes and circumſtances, wherein the chief Magiſtrate ſhall or ſhall not have power or right, which many hundred of years hath done and fitted the Laws in all particulars to the Name and Title of King, but to the Name of Protector, or any new Name, either all caſes and circumſtances muſt by particular enumeration be applied, which would be the work of an age (as it hath been of many ages in that Name of a King) or it muſt be left at leaſt in what is not enumerated boundleſſe and Lawleſſe, which that it ſhould not be: there is a moral, that is to ſay a politick neceſſitie, or elſe, to ſuit a particular enumeration, there muſt be a general clauſe, that in all things not particularly ſpecified, they ſhall be defined by the Laws and Rights belonging to the Name King, and then the queſtion will be meerly nominal, and conſequently not be put in ballance with the judgment of the Parliament, for that a neceſſity in the Negative cannot ariſe out a meer nominal difference of the thing, and the definition thereof being Identically the very ſame, and there being no difference but only that of a new Name, which in the judgment of divers wiſe men, may draw after it ſuch a conſequence, as the putting of old Wine into a new Bottle, which may hazard the loſs of the thing, and of the Laws, and Liberties of the Nation, which are deſired to be preſerved thereby: as to moral neceſſity, it is either ſo abſoluta neceſſitate, or neceſſitate precepti, or neceſſitate medii; for the firſt neceſſity there are but four things that are neceſſary in that ſenſe, as God is neceſſarily good, true, &c. and as to that neceſſity which is virtute precepti, it is ſo either primarily or ſecondarily in terrentu actus humani, and of the latter ſort is the matter in queſtion, of at all, neceſſarily neceſſitate precepti, for though Magiſtracy be an Ordinance of God primarily, yet particular forms of Magiſtracy and Government, and much more the circumſtances of thoſe forms, as Names, Titles, and the like, are firſt Ordinances of men, before they are Ordinances of God; firſt man ſet's his ſtamp upon them, and then God ſet's alſo impreſſe upon them, and therefore though they be but Ordinances of men, yet the Apoſtle ſaith, we are to ſubmit unto them for the Lords ſake, whether to the King as Supream, or to Governours as thoſe that are ſent by him, and what Peter calls Ordinances of me, Paul calls Ordinances of God, and yet they are to be obeyed not onelyonly for fear, but alſo for Conſcience ſake, ſo that in theſe forms of Government men may do as they will, as in other contracts wherein it is free for them to contract, or not to contract, or to make their Covenants this way or another, but when they have made them, they muſt keep them, for then Gods ſeal is upon them: now as to the matter in queſtion, it is clear, that the unqueſtionable ſtamp of humane Authority, and the Ordinance of man in theſe Nations, hath accompanied this Office under this Name for many hundred years together, and if it was waved and laid aſide, as of late years, it is now ſet up again by as good an Authority, and a fuller repreſentative of the three Nations; and though it be onelyonly by Petition to your Highneſſe, yet it is in ſome ſort a Petition of Right; for the people of theſe Nations have an Intereſt in their Government and Laws (whereof this was amongſt fundamentals) as well as in their Liberties and Lands; and although particular perſons may have forfeited their intereſt in the Government, yet I do not know that the Nations have forfeited their intereſt therein, but if this point ſhall ſtem to be driven too far, yet it is clear, that if this Office under this Name and Title be moſt known, and moſt ſuitable to the Laws of theſe Nations, moſt agreeable to the deſires and diſpoſitions of the people, and moſt likely to maintain quiet and peace in the Nations, with Juſtice and Liberty, which are the great ends of Govemment, and of all Forms and Names therein, as in the Judgment of the Parliament it is: Then as it is the duty of the Parliament to adviſe it, ſo doth thereby lay an obligation upon your Highneſſe to accept it neceſſ…ate medii, as a neceſſary medium to attain thoſe ends: And whereas your Highneſſe is pleaſed to ſay this medium is not neceſſary, becauſe the ends may be attained by another medium, as appeareth in theſe two Names and Titles, Cuſtodes libertatis Angliae and Protector: beſides, the experience in the one, that was but of ſhort continuance, and of the other, that it hath and doth ſtill ſtand but in a ſhaking and uncertain condition, and of both that they have attained the end but imperfectly, and through the help of a great deal of force; and though it cannot be denied, but that the end may in ſome degree be obtained by ſuch other mediums, which may ſerve the turn in caſe of neceſſity, and when no better can be had; yet where ſuch a neceſſity is in the caſe, there doth ſpring out a kind of moral, or at leaſt a politick end of the contrary, and of embracing that which is the beſt medium; for in caſe of neceſſitie, there might be a Government without any Laws, and that Arbitrium boni juris ſhould ſerve in ſtead of all Lawes; and yet where Laws can be had, none will ſay that Lawes are not neceſſary: when a man hath a better Lamb in his Flock, a worſe will not ſerve, but in that caſe there is a moral neceſſity, that the beſt be brought for a ſacrifice, when the Parliament (and they ſuppoſe the like reaſon extends alſo to your Highneſſe) are perſwaded in their judgments, that this is the beſt medium to preſerve the Liberties and the Peace of the Nations, and yet no neceſſity appearing unto them ſo to do, ſhould make choice of a weaker prop, and that thereupon ſhould enſue inconvenience, and that the band of peace being broken, blood and confuſion ſhould return upon the Nation; it muſt needs alſo return upon their thoughts, that they had been wanting in their duty, in not providing the beſt remedy, which poſſibly might have prevented the miſchief which leadeth to the conſideration of the ſecond queſtion in this matter, whether admitting your Highneſſe poſition, that there is not a neceſſity of this Name King; the reaſon held forth by your Highneſs, makes out ſuch a neceſſity, as that you cannot take upon you that name though adviſed thereto by the Parliament, as the beſt and moſt reducing to the ends of government, withal granting out abſolutely neceſſary, if there fall not out to be neceſſity in the caſe, to the contrary, your Highneſs was pleaſed in the firſt place to mention the diſſatisfaction, as to this particular of many Godly men, and ſuch as have grown up all along with you in the carrying on this great cauſe, as ſouldiers, which indeed muſt needs be a very great and tender conſideration to your Highneſs, as it is alſo to all of us, who reap the fruit of their prayers, and of their hazards, and great and worthy ſervice, and it would be a great happineſs, if it might pleaſe God that great and good things were carried on with unanimity and harmony amongſt good men: but the felicity hath never yet been granted unto us, but that great matters and changes have been accompanied with great difficulties, with great difference of judgments, even amongſt the beſt men, as our late changes ſufficiently teſtifie. For your Highneſs knows well when that change was made, whereby this Name and Office was laid aſide, how many Godly men and your old friends were diſſatisfied therewith, and yet thoſe that had then the power did not think that they ſhould therefore forbear to do what then was judged for the good of the Nation. There was the like diſſatisfaction on the other ſide of many Godly men, when your Highneſs took upon you the Government under the name of Protector, and yet it was not held an unjuſt obſtacle to what was then thought good for the Nation. There is a certain latitude wherein there may be had a reſpect to friends when the publick good of the whole Nations is in question, other conſiderations may not take place, and it is not love to ſatisfie mens deſires to their own hurt, and the hurt of the publick, ſo it cannot be thought, but that Godly and ſober men, when they ſee this name ſtamped firſt with the ordinance of man, and after with Gods ordinance, (for ſo it will then be) they will ſubmit thereunto for the Lords ſake, and ſatisfie their minds that they ought ſo to do, for that other reaſon alledged by your Highneſs, that this name hath been blaſted and taken away by the Parliament, it is clear, that the thing was as much blaſted as the name and the Government by one perſon, under what name ſoever, as much and more blaſted than this name; but in truth, neither name nor thing hath been at all blaſted by God; otherwiſe than he blaſted all things and names of this nature. It may be as truly ſaid, that he hath blaſted Parliaments, for they have alſo undergone and felt the like blaſts, but God hath ſo declared his will concerning all particular forms of Government, that they are wholly at the pleaſure and diſpoſition of men to be continued and altered and changed according to the exigency of affairs and publick good of the People and Nations for which they are created by men: for the Scripture calleth them humanae creationis. Therefore as men blaſt them, ſo God blaſteth them, and when men ſet them up again, God honoureth them again, and commands they ſhould be honoured; One Parliam…n… thought the perfect ſtate of affairs required the taking away of this name and office; and this Parliament iudgeth, the preſent State of affairs requireth the reſtoring it to the Nations again: as to that point of ſafetie which your Highneſs touched upon, we may beſt anſwer it by drawing a curtain before it as your Highneſs hath given us an example, there are diſſatisfactions on the one ſide, as well as on the other, neither is the conſideration of danger only on the one ſide and ſome things may be more convenient for your Highneſs to conceive, than for us to ſpeak: onelyonly I ſhall remember your Highneſs what the Wiſeman ſaith, he that obſerveth the wind ſhall never ſow, and he that regardeth the clouds ſhall never reap: the huſbandman in the way of his calling muſt rule his actions by the ordinance and revealed will of God, without attending unto the uncertain events, which may ariſe through the indiſpoſition of the air, which is in Gods hands and diſpoſition, ſo every man in the way of his calling, muſt attend to what is the revealed will of God to guide his reſolutions and actions thereby, and not by the various minds of men, which are in the hands of God: and the Wiſeman alſo ſaith, he that walketh uprightly, walketh ſurely, he walketh uprightly that walketh according to Gods revealed will. It is alſo a great note of Integrity to ſpeak as a man thinketh, to do as he ſpeaketh, and to ſuit name to things and as your Parliament hath thought to ſuit with this thing: ſo have they offered to your Highneſs with much integrity and without any other reſpect ſaving to your good and liberty of the Nations.