Selected quad for the lemma: act_n
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A92297
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Reasons vvhy this kingdome ought to adhere to the Parliament.
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1642
(1642)
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Wing R592; Thomason E108_30; ESTC R16010
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7,904
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15
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almost as much A few Monopolies did yearely prejudice the Subject a Million Sope 100000. pound Wine 300000. pound Leather almost 400000. pound Salt 400000. pound all these with many other Monopolies this Parliament hath taken away Besides what infinite dammage those discouragements of trade brought invisibly upon the Common-wealth as well Lucro cessante as Damno emergente And which is the benefit of all benefits the Quintessence the Elixer the spirit extracted out of all their indeavours the roote of all these wrongs is declared to be against law by an Act of Parliament being an arbitrary power which for their owne benefit more then his Majesties the prerogative parasites pretended to be in the King of taxing the Subjects charging their estates at pleasure without limitation and without consent in Parliament 3. This Parliament had not beene so chargeable to the kingdome had not the Malignant partie continually multiplyed their troubles charges and dangers and retarded the remedies Thirdly this Parliament is more hated then any former Parliament hath beene First because it hath found more Delinquents and hath gone farther in searching and curing wounds and diseases and establishing a perfect reformation both in Church and State then ever any did Long intermission of Parliaments having filled this Common-wealth so universally with ill humours that in this old doting age wherein it drawes to its period wee can neither indure its diseases nor the remedies And herein this Parliament is most unhappy Secondly because it cannot be broken without their owne consent Ever since which act past all wayes have beene taken by the Court faction to disolve or destroy it before those quarrells about Hull or the Militia were thought of All which plots fayling they now attempt what no age will ever beleeve unlesse it be as wicked as this to render odious and suspected to the people this onely Sanctuary of their Religion Lawes Liberties and properties The representative body of the whole Kingdome Fourthly they labour to make this and all other Parliaments invalid and of no authoritie or reputation with the people by infusing such opinions and doctrines into them as are inconsistent with the nature of Parliaments and will strike dead the very roote of them if they bee generally believed First that if the King desert the Parliament it is a voyd assembly and without power to defend the kingdome even from open violence A Right not denied to a private person assaulted Secondly that Parliament priviledges are no where to be read and so the Representation of this whole kingdome gives them no priviledge nor authoritie Thirdly that the major part in Parliament is not considerable when many are absent or dissent But to stay untill all or almost all are present and assenting and not to acquiesse in the Majoritie is never to bring any thing to conclusion nay to bring all to tumults and confusion Fourthly that the major part is no major part because the fraud of some few misleads them This Position divides the Parliament into two unworthy sorts of men Deceivers and Deceived Fiftly that Parliaments may doe dishonorable nay treasonable Acts. And that this Parliament hath beene so blinded by some few Malignants as to abet Treason in Sir John Hotham Answer to the 19. Propositions p. 2. See the Answer to the Declaration May 26. p. 1. 2. 11. and 28. 29. Here you see Treason charged upon the representative body of the kingdome and consequently by reflection upon the whole body of the kingdome represented If therefore his Majestie take Armes it must be against us all Parliament and People involved in one common crime of Treason And yet the maxime of the law is that no dishonorable thing is to be presumed of Parliaments And I believe neither reason nor example can shew any thing against this rule Sixtly that the Parliament hath trampled upon all Law and the Kings Prerogative sought to inslave the whole Kingdome During the long absence of Parliaments the Prerogative had swallowed the Law which this Parliament caused to be vomited up againe and restored to the people when the Malignant partie thought it had beene digested and converted into the very nature of the Prerogative And this is one dangerous effect of the long want of Parliaments that whatsoever the Prerogative devoures though it digest and incorporate not with it but breake forth into Wens and other unwholesome excretions yet because they are of some continuance both Prince and people but especially evill Counsellors who onely thrive by the abuse of exorbitant power take it for a part and member of the Prerogative and make it a matter of scandall and quarrell that after so long a sufferance the Parliament should launce or pare away those tumors But that the Parliament so small a body armed onely with a derivative power of representation having an Active Anti-parliamentary faction of Monarchists in the heart of it and which hath beene put to labour for its preservation ever since the Bill passed for perpetuating of it should trample upon the Law and inslave the whole kingdome seemes wonderfull it being the onely fountaine and foundation of our Lawes the Sanctuary whither the people flie for succour when they are oppressed in their Lawes Liberties and Properties and which so lately hath redeemed the People and all they can call theirs out of bondage and the members thereof being sure to suffer amongst the multitude whensoever our Lawes faile us Seventhly that the Parliament sought the betraying of Church and State and to effect the same had erected a new upstart authoritie in the Militia and levied warre upon the King They may properly be said to betray Church and State who corrupt the doctrine and discipline in the one and subvert the Lawes and forme of government in the other And if any man be so great a stranger in our Israel as not to know who they are I will tell him First the Prelates and Court Priests brought many alterations into our Liturgy and Rubrick contrary to the Act of Parliament whereby the Common Prayer booke is established vaine Ceremonies Altars and many new doctrines into our Church to make us more consonant to the Church of Rome as Episcopacy and Tithes Jure Divino That the King hath a Divine Prerogative paramount to all our Lawes That the Church of Rome is a true Church and erres not in fundamentalls and then wee are Schismatickes at least That Auricular confession is of necessitie c. These are a few of their corruptions in Doctrine Discipline followes They inlarged their jurisdiction against Law The High Commission used the Temporall Sword by fining imprisoning as well as the spirituall They used an independent jurisdiction not derived from the King which they claimed Jure Divino in their owne name and under their owne seales contrary to the Stat. H. 8. C. 17. 1. Ed. 6. C. 2. still in force In the State The attempts of the Malignant partie to subvert our Lawes Liberties and Properties
and to reduce this well tempered Monarchy into a meere Arbitrary Government have beene sufficiently proved in the tryall and attainder of the Earle of Strafford yet I will not omit the testimony of the Lord of Faulkland who wittily tells us The King was perswaded by his Divines that in conscience his Counsellors that in Policy and his Judges that by Law hee might doe what hee list And if this bee not a conspiracy to introduce Arbitrary Government and change our State I know not what is For the Militia they desire not to remove it from the King but from his subordinate Ministers and place it upon other Ministers whom they suspect not and to satisfie the feares of a whole Nation in time of danger is wisedome Besides extraordinary diseases require extraordinary cures the High distempers and dangers of the Kingdome compells the Parliament That supreame Court and Counsell now deserted by the King to have recourse to the supreame Law Salus populi Whose immediate rise is from the Law of Nature which teacheth every worme much more a man and most of all a whole Nation to provide for its defence Besides it neither belongs to the person nor calling of the King to expound the Lawes But that the Parliament hath a power to declare Law without the Kings consent nay against it though not to make it without him is apparent for all inferiour Courts have the same And what Counsellors and Interpreters of the Law his Majesty hath now about him to be put in ballance with the faith and learning of a whole Parliament What Expositions of Lawes and Stat. they have made Let his late publications and Commission of Array against the petition of Right and their opinions and judgements given since that was enacted upon Ship-money Habeas corpora c. testifie 8ly That Parliaments cannot declare Law but in particular Cases legally brought before them It should seeme by this that Parliaments have no Conusance of Causes but upon complaints ab extra But the House of Commons being the great Enquest of the Kingdome may and ought to take Conusance of Causes of publique concernment ex officio and is accounted misconusant of nothing 9ly That Parliaments are questionable and triable elsewhere The Parliament is the supreame Court and hath the last appeale Anciently errors in other Courts were tryed there Therefore no other Court can have Conusance of their Actions nor persons which were to appeale ridiculously upwards and downwards And if a Parliament be triable and arraignable before the King himselfe Then hath the King an unlimited declarative power of Law above all Courts in his own breast and the last Appeale must be to his discretion and understanding and consequently the Legislative power His alone And yet his Majesty is pleased to confesse himselfe not skilfull in the Lawes I know no third tryall to which a Parliament can be liable unlesse it be the triall by the Sword from which and from those that counsell it the God of Battels defend us and grant us courage to defend our selves These last recited Doctrines and positions have received Answers of another nature at large In the Observations upon his Majesties last Answers and Expresses 5. But the Bug-beare which workes most upon the people is Least these differences betweene his Majesty and Parliament should entangle us in a civill War It seemes they have little beliefe in his Majesties protestations and imprecations to governe peaceably and legally who feare this and they lesse faith who threaten them with it But take heed you doe not draw on a War by fearing it Courage is the best Antidote against it Wherefore I shall admonish you that no War can be more destructive to you and all that is yours then your owne Cowardise if it should so far fright you from your constancy faith and gratitude as to make you desert this Parliament For First you cannot forsake this Parliament and leave it to the mercy of the Malignants but you shall forsake your selves and your Religion Lawes Liberties and properties open to the spoyle and oppression of an Arbitrary Government more remedilesse and not lesse wasting then a warre And either have no more Parliaments for when they may take what they list you shall never be called to give or if by vertue of your trianniall Act there should bee another Parliament summoned what faith and courage can you expect from such Members as must either offer up your Lawes Liberties and properties that sent them or being destitute of your Protection become themselves a Sacrifice Such a slavish Parliament will lay the sure foundation of all our slaveries For as our Lawes protect us and all that is ours and Parliaments protect our Lawes so we must protect them and their priviledges from violence Next consider how forraigne kingdomes are governed where for want of Parliaments the will of the Prince and his Favorites is the Law of the People And how this kingdome was governed during the long intermission when honest men were out of hope and knaves out of feare of Parliaments Secondly He that thinkes a Parliament can be forsaken knowes not the power of Parliaments for if the Parliament please to imitate your unconstancy faithlesse cowardise and deserting your interest pursue only their own and comply with the King They are able to doe him more service in one week then Joseph did to Pharaoh in twice seven yeares They can make him more absolute then any Prince in Christendome nay then the Turk or Muscovite They can repeale all the good Laws they have got for you They can revive the Star-Chamber High-Commission c. and set the Pillory upon your neckes and little Laud upon your eares againe They can bring in and naturalize the Excises of the Low-Countries the Gabels of France the Alcavales of Spaine and all the Taxes of Florence and make England the Map of all the oppressions in the world they can give away your Laws Liberties and Properties by a Statute and establish a perpetuall Tyranny by a Law which shall stop your mouthes for ever when you shall be told that the Act of the Representative body is the Act of the whole Kingdome and you are bound by the Lawes of the Land Complaints against illegall Taxes shall then no more bee heard in your Streetes for want of Lawes Neither think this plot so shallow that the members of this Parliament or their posterity shall draw in the same yoke with you No they may entaile their severall Votes and Seats in this already perpetuated Parliament to themselves and their heires Males for ever And as the Fable saith that the Lion proclaiming a generall day of hunting all beasts of prey waited upon him for their shares so these may have a subordinate share according to their severall capacities in your spoiles and booties The L. Treasurer Burleigh was wont to say He knew not what a Parliament could not doe And truly I know not what a Parliament concurring with his Majesty cannot be They may be the only favourites and Privadoes and strike all others into the Boxe and lie in their roomes Bishops shall not straine their Consciences nor braines to invent a Theologicall engine called a Divine Prerogative for battering your Laws Liberties and Properties the Votes of the Parliament shall shake them in sunder They shall be the Kings Cavaliers and subdue you and all yours feare not a Civill War without blow striken and with a most permanent victory And this whole Kingdome shall consist only of a King a Parliament and Slaves What King will reject such servants or neglect such a Compendium of power and profit upon any conditions Mistake me not I doe not say or thinke they will doe this they have shewed themselves more pious just faithfull then to deserve such a suspition But take heed you doe not cancell the obligation your election hath laid upon them by an undeserved ignoble mistrust Many a man hath provoked his wise to lewdnesse by thinking her lewde Teach them not by your example to be what you would not have them to be If either indignation or feare should prepare their mindes to make a politique use of your faithlesse cowardise what might not they get and you lose Who will not rather forsake then be forsaken and sacrifice himselfe for the safety of a company of ungratefull unfaithfull cowards Honour is the reward of vertuous actions and protection is due to them who protect your Religion Lawes Liberties and Properties Give it them for their sakes and your owne or blame them not if they follow the dictates of nature and provide for their owne safety by deserting you who would deliver up them Be true to your selves that they may be true to you for who will stick to him that abandons himselfe Let not feare betray those helpes which reason offers you And God send us all mindes prepared for peace hearts fit for War and no cause to use our hands in such a service yet if so sad an occasion doe come let us meet it with the manly alacrity of Christians Knowing that all things worke together for the best to them that love God I conclude with Seneca Leve est quod ferre possum Breve est quod ferre non possum FINIS