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A83701 A disclaimer and answer of the Commons of England, of and unto a scandalous libell, lately published against the Parliament, and espcially the House of Commons and their proceedings: intituled The remonstrance of the Commons of England to the House of Commons assembled in Parliament, and falsely suggested to be preferred to them by the hands of the speaker. Wherein the malicious cavills and exceptions by the libeller taken to the proceedings of Parliament are detected and summarily answered, and the sottish ignorance and wicked falsehood of the libeller cleerely discovered, and the justice of the proceedings of this Parliament and House of Commons evinced and manifested. England and Wales. Parliament. House of Commons.; White, John, 1590-1645, attributed name. 1643 (1643) Wing E2573; Thomason E100_23; ESTC R12060 28,839 39

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the Kingdom the Parliament ought to complain of them unto him in a mannerly and respective and honorable way and if that take not effect they ought to take care that the Laws and peace and safety of the Kingdome be preserved not only without but against his personall will So Bracton Fol. 34. If the King shall be without a bridle that is to say shall not governe according to his Lawes the great Court of his Parliament ought to bridle him And so Parliaments have often done as both our Histories and Records of Parliament abundantly testifie * See the book entituled The treachery and disloyalty of Papists c. Thirdly An absolute Monarch chooses what Councellours he will but the Politick Monarchs great Councell for the weighty affaires and urgent businesse of his Kingdome is in greatest part chosen by the people and the rest have it annexed to their honours conferred or descended as the House of Peeres and these are not his Councell only but the Councell of his Kingdom and people Fourthly An absolute Monarch hath the Forts Ports and Ships of the Kingdome to use and dispose at his pleasure But our Politick Monarch hath none of these but in trust for the use and good of the Kingdome to take order they be used kept and imployed for the good peace and safety of the Kingdome according to Law and not to the hurt or endangering of the safety or peace of the Kingdome as is clearely manifested and proved in the Declaration of Parliament concerning Hull 25. May 1642. And in the Reply to the Answer therof and more particularly and largely in M. Prinns Soveraigne Power of Parliaments 5. An Absolute Monarch hath the Militia of his Kingdome and Monarch in his owne hand and pleasure as in truth the Lives Estates and the Whole of his Subjects are But a Politick Monarch hath no power to compell his Subjects to find Arms or serve with Arms except they be bound thereunto by Tenure or Contract and then but as their Tenures oblige them and can only compell his Subjects that have Armes to shew them in Musters before his Commissioners as appeares cleerely in the Declaration of the Parliament concerning the Commissions of Array lately Illegally granted so far is our King from having power over the Militia of the Kingdome without the consent of his Parliament And there having beene a manifest designe to alter Religion and the very constitution of this our Politick Monarchy by a Malignant party prevailing with his Majesty discovered by the wisedome of the Parliament and so far carried on as in a manner all was become subject to will and power and the Laws neither a defence of our persons nor of our rights and our Judges inforced against their Oathes and duties to comply with them and these Vipers finding the whole mould of their hellish devices to be likely to be broken and Lawes to be made for the establishing of our Liberties and proprieties and vindicating thereof and a through Reformation of the Church in Worship discipline and government to be set upon and resolved by the Parliament they endeavoured to get all the strength of the Kingdome into their hands The Lord Digbies advice in his Letter to the King and to that end perswaded his Majesty to possesse himselfe of the Ports and Forts places of strength as they called them that they might without feare of being brought to Justice for their delinquency by the Parliament have accesse unto him to advance their said designe and seduced the Queene out of the Kingdome and raised Armes by open force against the Parliament to destroy it and therein all our Religion Lawes and Liberties and drive the King to owne and take all those things upon himselfe and forged all the false colours and glosses upon those hellish proceedings of theirs that Jesuited devillish wits can invent to deceive the people and to draw them to become Felons and destroyers of themselves Was there not just cause and was it not high time for the Parliament to take care in such case that the Kingdome should be set in a Posture of defence and that the Ports Forts Magazeenes and Ships should be secured for the Peace safety and good of the Kingdome Was this done by designe surely if this had not beene done we had all ere this beene over-runne with tyranny and we and our Posterity made slaves When the King refuses to doe his duty which by Oath and Office he is bound to doe and imploys any thing he is intrusted withall by his Kingdome to the publike prejudice of him his Posterity and Kingdome It is necessary yea just and Legall that the Kingdomes representative the great Court the Councell of the Kingdome should seise upon secure and use the same to the publike defence and for the publike good and prevent the Kings satisfying the base lusts of a few wicked Councellours and Sycophants that would raise themselves on the ruines of the Common-wealth And though many parts of the Kingdome have been wasted and grievously spoiled by forraigne Enemies of which there are very many in the Kings Armies brought from beyond the Seas in great numbers and though we have felt their heathenish and barbarous cruelties this fellow would perswade us they never appeared And though the preservation of the Kingdome against forraigne Enemies were one cause of the Parliaments taking the Forts Ports and Ships into their hands power and disposition yet that was not the only cause as appeares in their Declaration * Declar● 2o. Martij 1641. And the Ordināce for the Militia Ob. Eightly he saith That they who refuse to joyne in this Warre with the Parliament or to contribute unto it they plunder as Malignants and ill affected to the Commonwealth although he sees not how it can be lesse then Treason against the King to joyne with the Parliament therein Sol. We verily beleeve the wayes of the Parliament to be very just and full of reason and Legall to inforce them that have Estates and will not help to quench the publike fire kindled in the Kingdome by the Enemies thereof nor to preserve the Parliament which preserves their Religion Lawes Liberties and all from tyranny and violence with some small part of it and to judge them Malignants and Enemies of their Countrey Did not the Inhabitants of the County Palatine of Duresme when the Scots had broken in upon them to redeeme their Countrey from plunder and spoile compound with the Scots for 1600 Markes and breake open the Chest of William Heburne and take 70. pound from him by force in such a necessity for the publike safety to help make up the summe when he would not let them otherwise have it and was not this judged lawfull by all the Judges of the Kings bench in a Writt of Errour brought Mich. 14. Ed. 2d. Rot. 60. and a Legall plundering and other plandring the Parliament never commanded or countenanced And though this fellow blinded with Malice
in our Kings amending his Errours acknowledged then we can in his acknowledgement of them and persisting in them yea increasing them notwithstanding his acknowledgements And for the supposed Errours of the House of Commons because the Malice of this fellow scrapes together all that be can imagin to be Errours of theirs and Malice is ever the fullest accuser We will proceede to consider and examine them and if any shall appeare we are confident the House of Commons will not only ingeniously confesse but speedily amend them because we have ever found them really and actively ready and carefull to amend Lawes passed by them and all other things wherein any slip or errour hath happened Object First he saith that under colour of advancing Religion incouragement is given to Anabaptists Brownists and all Sectaries Sol. If to accuse so generally and incertainely shall suffice no Innocent shall escape this malitious envious tongue Where when or how is this incouragement given or by whom If he meane the House of Commons as he would insinuate we cannot receive his accusation for if by the Apostles rule we be not to receive an accusation against an Elder under two witnesses much lesse may we receive it against such a Senate of Elders upon the single testimony of this fellow whom we find a lyer or deceiver in all he saith Secondly We are not ignorant that the Sects he mentioneth were fomented and multiplied in this Kingdome in the time of the reigne and late extreame tyranny of the Bishops to vexe the Puritans under which nick-Name they included all that made any conscience of their wayes on the one side as the Papists were cherished and increased to vex them on the other side for these Sectaries being taken and brought from their Illegall Conventicles to the High Commission Court in great heards and droves found favour and were with some slight reproofe or pecuniary Mulct let goe when a consciencious painefull Minister if he could not swallow a Ceremony themselves proclaimed indifferent was stript of all he had cast into perpetuall prison and destroyed Thirdly We know it doth not belong to the Jurisdiction of the House of Commons to meddle with these Sectaries there being an ordinary open way in inferiour Courts of Justice to punish such Sectaries namely in the Kings Bench and at the Assizes and Sessions Fourthly We know also that what the House of Commons can doe for the suppressing of these Sects hath beene done by them for first they have passed a Bill for a Consultation to be had with Learned Divines about such a Church government and discipline as is agreeable to the Word of God to the end that thereby all Sects may be suppressed and we know where it lyes and in the meane time they have declared and Voted against them to expresse how hatefull they are unto them and how seriously they desire and intend the suppressing of them as a Pag 659. appeares in the Declarations of both Houses of Parliament Ob. Secondly he saith That under pretence of hatred of Popery the Booke of Common-prayer which is established by Law is cried downe by many and all decent Orders in Gods outward Worship and every man left to the dictate of his private spirit and he would have the Lawes against Papists and Sectaries to be put in due execution Sol. We observe that where the Libeller dares not charge the House of Commons plainely and directly with so grosse a lye as crying downe the Booke of Common Prayer he doth maliciously and wickedly insinuate it Wherefore else doth he mention it among the things which he suggests to be Voted Ordered and Acted by them And the punishment of such as cry it downe wee know belongs to the Jurisdiction of the ordinary Courts of Justice not to them But in regard that the Bishops themselves have agreed there are many things in that Booke fit to be reformed and that tender consciences are to be eased of some Ceremonies mentioned in it the House of Commons have thought it to be very unfit that the severity of the Lawes concerning it should be pressed before the assembly of Divines have met and setled it in such a manner as may be inoffensive and more agreeable to holy Scriptures and the rather because it cannot be cleerely proved what Booke is established by Law the Booke which was established and annexed to the Act of Parliament of 5. and 6. Ed. 6. to which Booke the Statute of 1. of the Queene referrs being taken off the File in the first Yeare of Queene Mary by Act of Parliament and destroyed or lost and so no Booke remaining of Record and the Bookes in print so differing among themselves that which is the Booke established by Law cannot appeare And for decency in Gods outward Worship whatsoever is determined to be such by man and not by the Spirit of God in his Word is the dictate of a private spirit a 2 Pet. 20. and mans inventions in Gods Worship are abominable unto God who is not pleased with the devises of our hearts but reserves it peculiarly unto himselfe to teach us how to worship him both inwardly and outwardly and we desire that all voluntary Religion and will-worship and humility b Col 2.23 not directed by Gods Word in which onely we have his minde made knowne c 1 Cor. 2.16 unto us by our Prophet d Ioh. 1.18 Act. 3.22 the Lord Jesus though it have the colour of our Law may be cried downe cast out and removed according to Gods will least he say unto us when we present our worship before him who required these things at your hands Esa 1.12 Ob. Thirdly He saith That under the colour of regulating the Ecclesiasticall Courts and taking away the High Commission Court all spirituall Inrisdiction for the Coercive part therof which is the life of the Law is taken away so as now no hainous crime inquirable by these Courts can be punished no Heresie or Schismes reformed no Church can be inforced to be repaired no Church Officers compellable to take upon them their Offices or performe their duties no Parsons or Vicars can be inforced to attend their Cures or give satisfaction for the paines of them that doe No tithes or other Church duties can be recovered by their Law Sol. Our desire is that the Parliament would be pleased not onely to regulate Ecclesiasticall Courts which were abused to the pillaging of our estates and inslaving of our persons as well as the High Commission Court though in a different degree but that their Jurisdiction in causes Matrimoniall and Testamentary and concerning Tithes repairing of Churches and intermedling with Church Officers usurped upon the Temporall law should be wholly taken away and restored to the Common Law and that Non-residency Idlenesse of Parsons and Vicars and neglect of their Cures should by some good Lawes to be made be made inquirable and punishable in the Common Law Courts where we shall find certaine
for after much time spent about it both the King and they are faine to give it over and goe on upon the Treaty without it And we now also discerne that they desired the best way for us at first and which would bring on an effectuall Cessation and full peace namely that all Armies should be disbanded and that that should be the first of their Propositions concluded and executed before any other And to facilitate the way thereof they have yeelded so fully to the Kings desire in his first Proposition about his Revenue Navy Fortes and Portes as can with any colour of reason be desired to resigne them all unto him onely desiring That seeing himselfe cannot in Person mannage them he will put them into such hands to be named by himselfe as his people may confide in This so evidently discovers and satisfies us of their desire of peace as nothing can doe it more fully more cleerly and after such disbanding the Treaty may goe on concerning all other differences between the King and his great and faithfull Councell in a Parliamentary way when the Kingdome shall be eased of the intollerable burdens of the many great Armies that are now on foot in the bowels of it Ob. And this Libeller further bequarrels the carriage of the Parliament towards the Subject Thus first he saith They have made an Ordinance that the twentith part of mens estates must be paid towards the maintenance of this warre and appointeth who shall value it and then Collectours to distraine for it and sell the distresse and imprison the person that will not pay it if no distresse can be found and their families banished from their habitation Sol. First This is nothing to what is done in the Kings Name by them that seduce him by their evill Councell who inforce many Subjects unto contribution farre surmounting this and plunder and destroy them if they pay it not and take from others all they have without measure or mercy and drive them from their habitation that if the places under the Parliaments protection were not a refuge unto them they must utterly perish with all that depend upon them and seise upon the persons of others that never opposed them and use them with more cruelty and inhumanity then they do their beasts meerly to make a bragging shew of a great victory by many prisoners and all against the Knowne Laws to which his Majesty hath given quickning by his personall Royall assent Secondly The Ordinance mentioned is by this lying tongue that cannot speak truth slandered as if it inforced the paiment of the twentith part when in truth it binds the Assessours not to ascend in their Assessment above the twentith part of any mans estate leaving them power to descend to a lesse proportion and no man that loves his Country will sticke upon so small a contribution for the maintenance of our Religion and Liberties against the hand of violence and foot of pride lift up by the Cavaleers to the destruction of them all Ob. Secondly He saith That least the Parliament should not have the colour of Law sufficient to blind the world they have lately made an Ordinance for the Inhabitantes of Northampton Rutland Derby c. to pay and to be assessed by Assessours named in their Act in imitation of the Statute lately made for the 400000lb. and this as is probable shall be extended to the whole Kingdome Sol. We conceive it very fit just and legall that all should contribute to the saving of all It is necessary the power and priviledges of Parliament be maintained or else farewell Religion Liberty property and all and we shall fall into the like misery as the Subjects of France have ever been sithence their Kings over-powred their Parliaments and destroyed them which Fortescue in the 35. Chapter of his booke of our Laws sets forth And the Parliament for the preservation of the Kingdome may doe and have done greater matters then this as our Histories plainly shew and if any be so impious as not to be willing to save their country it is fit they should be enforced unto it Ob. Thirdly He saith The Parliament hath yet a shorter and asurer way where they understand there is any mony plate or goods to be had they send a party of Horse or other strength to fetch it as out of an Enemies Country because the owners are good Subjects to the King or they suspect them to be so and that alone is crime sufficient to apprehend them or judge them or take execution upon them and all this without the Ceremony of Law by their absolute and omnipotent power which cannot erre Sol. If this lyar had instanced in any particular it would have appeared that such as have been so used have been so farre off from being good Subjects as they have bin manifest Traitors to their country and fomenters of the present unnaturall war and if any be found and judged to be so in the highest Court by that Court it may be legally done without other Ceremonies of Law necessary in inferiour Courts And this power is and ever hath been in the Parliament when the thing is necessary for the publike Defence and safety of the Kingdome and so judged by them whose Representatives and trustees they are in case where the King is seduced by wicked councels to endeavour the destruction of the Parliament which hath bin the designe of such Counsellours ever since the King came to the Crowne as clearely appears to every judicious observer of the times and proceedings at Court. Others of inferiour power have done it as we see in Heburnes case before and judged lawfull but that the Parliament cannot erre was never challenged and is here maliciously and wickedly added to render the Parliament odious which is the main scope of this Libeller and for their Omnipotency though it hath been a Proverbe among the learned of our Lawes that Parliamentum omnia potest yet the Parliament hath never challenged any power but for the publike good of the Kingdome Ob. Fourthly He saith The House of Commons discharges Apprentices and Servants from their Masters service without the consent of their Masters and Dames and either perswades or compels them to serve in their Army against the King Sol. First It is false that the Parliament hath compelled any to serve them in their Army Secondly It is false that the House of Commons alone have done this as appeares by the Ordinance 7º November 1642. And what the Parliament hath perswaded in this is very just the publike Relation of Apprentices to the safety of the Kingdom being more to be respected then their private Relation to their Masters and Dames who partake in the publike benefit of the service in the wane which tends to the saving of them and all they have among the rest interessed with them in the publike safetie Ob. Fiftly He saith That the Parliament hath imprisoned some for Petitioning and some for intending to