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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
cannot see it to be lesse then Treason to joyne with the Parliament in this War yet such as have any understanding in the Laws know that to joyne with an Inferiour Court in executing the Processe thereof to bring Delinquents to Justice with the greatest force and power of men if it cannot be otherwise done is lawfull though the King joyne with these Delinquents in resisting the same and endeavour to protect them against it and that it is so far from Treason as that it is Treason in such as raise Force against such Processe and to protect such Delinquents from the Courts of Justice as was judged in Parliament in the cause of Alexander Bishop of Yorke Robert de-Leere Duke of Ireland and others in the time of Rich. 2d. and confirmed after by Statute in the first Yeare of Hen. 4●… Ob. Ninethly he saith That to all the Commanders and Officers of their Army the Parliament gives large and even profuse entertainement and rewardes but out of our purses Sol. We doe not beleeve neither can this false accuser prove this charge that any other entertainements or rewards have been given by the Parliament then were given by the King before this War nor so much as the King hath given sithence and what is here imputed to the Parliament falsely may justly be said of the Kings Army who have free booty and we are delivered over as a prey unto them who make the Proverbe that goes of the Great Turke true in England That where he sets his foote no grasse will grow where the Kings Army goes they take away Plow and Cart-horses cut the Harnesse and use all the wicked cruell meanes they can to destroy Tillage and bring in a famine and the miseries attending it upon us Further for the Liberty of our Persons and proprieties of our estates this Libeller objects that we have little hope of this Ob. First Because the Parliament takes away the Kings Treasure intercepteth his Revenue possesseth his Houses of accesse and pretend all is for his owne service and if any attend or assist him they are condemned as Malignants Popish Evill Councellours and enemies to the State Sol. To this we must answer for the Parliament That if they had taken any of the Kings Treasure the King now upon his Articles of Treaty wherein he demands satisfaction for all he hath any colour or pretence to demand of them The King would have demanded it but he demands no such matter by which this seemes to us an apparent grosse lying imputation and we cannot judge better of it But we heare of the Jewels of the Crowne with which the King is but trusted and which by our Laws are to goe with the Crowne in Succession that they are imbessel'd and sould away a dangerous effect of the evill Councells given unto his Majesty Secondly for his Revenue it is true they have seised on some part of that for the necessary maintenance and support of his owne Children whom he hath left in the power of the Parliament and to them the same hath been disposed according to the proportions of allowance his Majesty hath alwayes set out for them and in no other and without it they might have starved otherwise and if they have seized upon any more of his Revenue it is not considerable in quantity nor fit they should let him have that to maintaine his War against his Parliament and people which is his only for the publike good protection and safety of his people and by our Laws ought to be so imployed Thirdly for his Majesties Houses we know none the Parliament hath medled withall but the Castle of Windsor and that is before answered in what hath been said concerning the Castles and Forts of this Kingdome Fourthly for condemning such as attend or assist him it is not true that any one of his attendants that are bound by speciall service to be with him have been meerely for that condemned as Malignants Popish Evill Councellours or Enemies to the State but such as having no speciall oeconomicall obligation to attend him or have assisted him in this unnaturall War or are Popish or give him wicked and destructive Councell and foment this War and Viper-like endeavour to rend out the bowells of the Countrey that bare and nourished them have been and are justly accounted Malignants and Enemies to the State and their courses evidence them to be such to all indifferent lookers on or that shall heare any true report thereof Ob. Secondly he saith That the House of Commons have by Messages endeavoured to perswade our Bretheren of Scotland to joyne with them in their Rebellion against their Soveraigne and that by Votes of their House Sol. If this Libeller had once proved by any reason or Law that any thing done by the Parliament in opposition of the Kings present courses against his Parliament and people were Rebellion he had laid some foundation whereupon he might have presumed to build so bold an inference but neither he nor any other that we have seen or heard of hath as yet been able to doe that And the Politick constitution of the Kingdome is cleerely against it and the like being done by our Brethern the Scots against his Majesties like proceedings with them hath been by his Majesty and the Parliament judged and declared to the World in an Act of Parliament made lately to deserve no such Imputation and that Judgement and Declaration this Libeller himselfe if he be an English-man is a party to though now he give himselfe the lye If our Bretheren the Scots in taking up Armes and coming into this Kingdome so armed and taking the Fort and Port of New-Castle and Timnoth Castle into their possession to maintaine their Lawes Religion and Liberties against the wicked Councellours that induced his Majesty to endeavour to infring the same were well done and nothing therein done amisse let all the world judge of the proceedings of our Parliament in the same case De similibus idem iudicium And whom have the Parliament called in to their assistance surely no Forraigners nor Papists as the King seduced by evill Councell hath done but our Bretheren interessed in the cause as well as we and of the same Religion Ob. Thirdly he faith The Parliament did a greater Act of barbarous hostility against the King in his owne Person and excuses it by saying it was not their fault but the Kings and his Councellours that he went in Person into the Battle which he did with that Kingly courage at will adde to his honour and their shame while the World endures which action of theirs is become odious to God and man and their excuse for it ridiculous Sol. If the King should appeare in Armes to hinder the Justice of his Inferiour Courts were it an act of barbarous hostility to execute the Processe of such Court notwithstanding and would it argue Kingly courage or adde to his honour or the shame of the Court that awarded that Processe
Petition unto them as if that alone were a cri●…e if the matter of the Petition doe not flatter them in their present courses Sol. We know they have been so sarre from accounting Petitioning a crime as they have received multitudes of Petitions from all parts of the Kingdome This therefore is a false imputation but when the matter of the Petition hath been seditious and tending to the disturbance of the publike peace and stuff with unjust aspersions of the Parliament in such case only they have imprisoned the Petitioners as is most just and necessary Ob. Sixthly Hee averres That the House of Commons have imprisoned others for Petitioning and intending to Petition to the King and yet the way is open to Heaven and GOD will heare in his good time Sol. They never imprisoned any for Petitioning the King except the matter were as is above-said to foment division between the King and his people And such a malicious Libellers petitioning Heaven will find no acceptance for the prayer of the wicked is an abomination to the Lord And if such Petitions be offered to Heaven as have been to the Parliament or to his Majesty by such spirits as this Malignant is possessed withall God will imprison such Petitioners except they repent in another-gesse prison then the Parliament casts them into And concerning priviledges of Parliament this Libeller proceeds thus Ob. First That the Parliament forbids us to dispute their Priviledges and assumes the sole judgement of them when in former ages they might be and have been judged by the Lawes of the Kingdome but he admits the Parliament to be Iudges of offences committed by their owne members against the Houses and of the election of their members Sol. We know and have found by late experience that when any inferiour Court hath presumed to dispute and determine the priviledges of the Parliament which is the highest Court they have been punished for it by the Parliament Have the inferiour Courts of London or other places been ever admitted to judge or determine the priviledges of the Kings-Bench or Common-pleas we cannot conceive it to be reasonable or legall but this Libellers malice hath so blinded him as he raves like a mad-man against the Parliament publishing any thing to their prejudice though never so much against cleare reason and common experience Ob. Secondly He saith Some of the members of the House of Commons have bin committed or put out of the House for speaking freely against the sense of the House or rather of some members therof Sol. This we are very confident is a loud lie and if he had instanced in any one it would have bin as manifest as the Sun when it shines out in its might and strength to be a lie And it is altogether improbable that the whole House should deale so with any member for speaking against the sense of some members therof Ob. Thirdly He saith The priviledges of the House of Commons were never challenged till now to extend to any member which should commit treason or fellony But they have now declared that no member of the House nor other imployed by them shall be questioned for Treason but in Parliament or at least by leave of the House Sol. It is true no priviledge of Parliament doth extend or was ever challenged to extend to exempt any member of Parliament from being questioned for treason or felony but it hath bin ever challenged and is an undoubted priviledge of Parliament that none of their members upon a bare accusation of these crimes should be left to a legall tryall before the House wherof he is a member be satisfied that there is good ground for the accusation upon a meere accusation no man is to loose his priviledge of Parliament but upon reall cause If to accuse be sufficient who shall be innocent and if the Law were otherwise every man that speaks his mind legally and according to his conscience and the trust reposed in him by his Country for the publike good if the King like it not he shall be presently accused of treason by the Attorney Generall and thereby taken out of the House and so freedome of speech in Parliament will be utterly lost and all members of Parliament that are good Patriots and stand for our Religion Lawes or Liberties may be taken out of the Parliament and none left there but such as will serve the times and humour the evill Councellours about the King a high-way to undermine and blow up not as the Papists intended in the Powder-plot one Parliament but all Parliaments and overthrow the Kingdome and reduce us and our posterity to slavery and misery without remedy for by the same reason as one man shall loose his priviledge upon such an accusation twenty an hundred and more may and then farewell the liberty and happinesse of England The House of Commons have ever proceeded justly and impartially against their owne members where there hath been reall cause to put them out of the House and deliver them over to the hand of Justice but if they should doe it upon a meere accusation yea such an accusation as is ashamed to be tryed as the late accusation of the five Members which would never endure the mentioning of an examination Certainly they should doe apparant injury and injustice and betray the trust committed to them and they that had a hand in this more then Gun-powder plot counselling and endeavouring by that devillish designe against the Parliament will remain infamous to all posterity Ob. Fourthly He saith The House of Commons have made a close Committee wherein a very few members of that House are privy to their counsels and what those few conclude is summarily reported to the House and that taken up upon trust by an implicite faith of all the rest Sol. This we know to be false in the whole and in every part of it First The House of Commons alone hath not made any such Committee but that Committee is made by common consent of both Houses and consists of Members of both Houses and is necessary for the preparing of businesse for the House and for the quicker dispatch of the affaires of the House as all know that understand any thing of the proceedings of Parliament Secondly It consisteth not of a very few but of a competent and fit number for such a Committee Thirdly Not only the members of the House of Commons but of the House of Peers also are privy to the councels thereof Fourthly The reports from that Committee to either or both Houses are as of other Committees nothing in it taken upon implicit faith but as every member of either House is at liberty to be at the councels debates and results thereof if they please so the particular reasons warrants and grounds of the Report are by the Reporter clearly opened and if not every member may require an account therof before he give his Vote Ob. Fiftly He saith Many of the present members of the