We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Published online by Cambridge University Press: 05 June 2012
In the 150th page of the book called An exact collection of the parliament's remonstrances, declarations, etc. (published by special order of the House of Commons, 24 March, 1642) we find there a question answered fit for all men to take notice of in these times.
question. Now in our extreme distractions – when foreign forces threaten, and probably are invited, and a malignant and popish party at home offended – the devil has cast a bone and raised a contestation between the king and parliament touching the militia. His majesty claims the disposing of it to be in him by the right of law; the parliament saith, rebus sic stantibus, and nolenti Rege: the ordering of it is in them.
answer. Which question may receive its solution by this distinction: that there is in laws an equitable, and a literal, sense. His majesty (let it be granted) is entrusted by law with the militia, but it's for the good and preservation of the republic against foreign invasions or domestic rebellions. For it cannot be supposed that the parliament would ever by law entrust the king with the militia against themselves, or the commonwealth that entrusts them, to provide for their weal, not for their woe. So that when there is certain appearance or grounded suspicion that the letter of the law shall be improved against the equity of it (that is, the public good, whether of the body real or representative) then the commander going against its equity, gives liberty to the commanded to refuse obedience to the letter. […]
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
