A question CONCERNING The great and weighty Affairs of the whole kingdom.  
showing, How laws are to be understood, and Obedience yielded?  
Also an Answer to the aforesaid Question, necessary for the present state of things touching the Militia.  
Published for the good of the Common-weal.  
Printed for John Goal. 1641.   

A question ANSWERED.  

Question.  
NOw in our extreme Distractions, when foreign forces threaten, and propably are invited, and a malignant and Popish party at home offended? The Devil hath cast a hone, and raised a contestation between the King and Parliament touching the Militia.  
His majesty claims the disposing of at to be in Him by 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 prefervation 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 Common-wealth, that cats them to provide for their Weal, not for their woe.  
So that when there is certain appearance 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: for the Law taken abstract from its original reason and end, is made a shell without a kernel, a shadow without a substance, and a body without a soul. It is the Execution of Laws according to their Equity and Reason, which( as I may say) is the spirit that gives life to Authority, the Letter kills.  
Nor need this Equity be expressed in the Law, being so Naturally implyed and supposed in all Laws that are not merely imperial, from that Analogy, which all bodies politic hold with the natural; whence all Government and Governors borrow a proportionable Respect; And therfore when the Militia of an Army is committed to the General, it is not with any express condition, that he shall not turn the mouths of his Canons against his Own Souldiers; for that is so Naturally and necessary implyed, that its needless to be expressed, insomuch as if he did attempt or command such a thing against the nature of his trust and place, it did ipso facto estate the Army, in a right of disobedience, except we think that obedience binds Men to, cut their own throats, or their companions.  
And indeed if this distinction be not allowed, then the legal and mixed Monarchy is the greatest tyranny, for if Laws invest the King in an absolute power, and the letter be not controlled by the equity, then whereas other Kings that are absolute Monarcks and rule by will and not by Law, are Tyrants perforce. Those that rule by Law and not by will, have hereby a tyranny conferred upon them legally, and so the very end of Laws, which is to give bounds and limits to the exorbitant wills of Princes, is by the Laws disappointed, for they hereby give corrobaration( and much more justification to an arbitrary Tyranny, by making it legal, not assumed; which Laws are ordained to crass not countenance: and therefore is the latter( where it seems absolute) always to receive quallification from the Equity, else the foresaid absurdity must follow.   
Published for the good of the commonweal.  
FINIS.