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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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A DISCLAIMER AND ANSWER OF THE COMMONS OF ENGLAND Of and unto a Scandalous Libell lately published against the PARLIAMENT and especially the House of COMMONS and their Proceedings INTITVLED 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 LONDON Printed by G. M. M.DC.XLIII A Disclaimer and Answer of the Commons of England to a scandalous Libell lately published against the Parliament and especially the House of Commons and their proceedings intituled The Remonstrance of the COMMONS of ENGLAND WE the Commons of England doe not prejudge but upon imature deliberation had of the said Pamphlet and of the Contents thereof doe righteously judge and pronounce the Authour thereof to be no true sonne of our mother but some bastard of Rome and brat of a Iesuite his spirit bewrayes him and his language which is of Ashdod and not of our Canaan belching out the poyson of an envenomed and rotten heart in blasphemies against the Parliament the mother nurse and onely preserver of our Religion Lawes Liberties and comforts under God and against the House of Commons which hath ever been the fastest friend to this Kingdome and the happinesses thereof and against this now House of Commons and Parliament which hath prevented more mischiefes from and procured more good to this Kingdome and our neighbour Kingdomes of Scotland and Ireland then any former Of which we shall shew our selves to be infinitely unworthy and unthankfull for if we should not vindicate them and their fidelity and might justly expect for such neglect to be delivered over unto the extreame tyranny and the miserable effects of it which first by subtilty and cunning workings in a clandestine way and now forcibly by the Sword and hand of Violence is endeavoured to be brought upon us and our posterity and which we had been before this overwhelmed in but that the Lord hath made them his blessed hand to prevent and keepe off the same And when we perceived this Devill incarnate to hide himselfe and vent his impious blasphemies under our name of whom we are very confident he never harboured a good or honourable thought or regarded us more then the dung of the Earth but for his own base and accursed ends we could not be silent least we should betray our innocency and be thought to be such as he is Object The first thing we meet withall in this Libell is That the Authour counterfeits himselfe to be a Physitian and pretends a great cure and propounds speciall preparatives unto it The first speaking in our names to the House of Commons he affirmes us to be still the true body of the Commons of England and they but the presentative Sol. And in this he shews himselfe to beds grossely ignorant as he is wickedly malicious for the House of Commons is a part of us and the choice most excellent and principall part too and not only our Representative and are interessed and sharing in the publike good and evill as much as any and more then most of us Obj. 2 He saith We have not so delegated our power to the House of Commons as to make them the Governours of us and of our Estates and that in truth they are but our Procurators to speake for us in that great Councell Sol. This is a fuller discovery of his sottish ignorance for he knows nothing of the nature of Parliaments that knows not that the House of Commons is absolutely intrusted with our persons and estates and by our Lawes invested with a power to dispose of them as they shall thinke meet not onely by making new Lawes but also as they are a great Court above all our ordinary Courts to governe us and determine of all things proper to the power and jurisdiction thereof in all things tending to the conservation of the Common-wealth and of our Religion Laws and Liberties and to be limitted to be only Proctors to speak for us is senslesse and ridiculous Ob. 3 He saith That in right we ought to have accesse to those whom we have chosen as there shall be cause to impart our desires unto them and that they ought not to refuse us Sol. We never found our selves denied in any matter to impart our desires to that Honourable House petitioning them in a fitting manner when our Petitions have concerned the good peace or safety of the Kingdome things belonging to their jurisdiction but if any of us have petitioned for matters of a private nature of right or wrong between particular persons or in any way or manner not beseeming we hold it fit such Petitions should be refused and they ought not to be heard much lesse accepted that so much forget themselves and their duties Ob. He saith That by involving our Votes in theirs we had no purpose to make the Commons House of Parliament perpetuall Dictators Sol. We ever had a purpose and conceive it necessary to the good of the Kingdome That the Parliament continue together and remain undissolved untill all the Grievances of the Kingdome be redressed and all things in the Kingdome reformed and this we believe was and is by the constitution of this Kingdome an undoubted Right and Priviledge of Parliament for to that end we chose them and are to maintaine them and for that end they are called to doe and consent unto those things which by them are to be ordained in and concerning the difficult and urgent businesses that concern the King and the State and Defence of the Kingdome and of the Church of England as by the Writ of their Election appeares a Book of Entries Parliamēt § 1. And certainly the late practises of our Kings among other Incroachments and Usurpations of theirs to dissolve Parliaments before they have done vvhat they are called for and setled all the businesse that concerne the State and Defence of the Kingdome is against the originall Constitution and end of Parliaments and Rights of the Subject and hath induced great Mischiefes and almost Destruction and slavery upon this Kingdome especially when the same have been dissolved because according to their duties and the trust reposed in them by the Kingdome they have endeavoured to reforme the oppressions done by colour of the Kings personall Command against Law and contrary to the Kings Oath and Office and have been made use of onely to burthen us with Subsidies and Taxes and not to ease us of any unjust burthen or imposition And if this worke for which the Parliament was called were once perfected notwithstanding the Act of continuance of this Parliament which was made by this Bablers assent if
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