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A81522 A discourse upon the questions in debate between the King and Parliament. 1642 (1642) Wing D1628; Thomason E117_8; ESTC R21943 14,192 19

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up into so high requests but take the Argument at the best it followes not that the Parliament intends to assume the Soveraigne Authoritie because when Ireland is in Rebellion England in combustion Scotland scarce quieted France and Spaine in Armes they doe humbly supplicate his Maiestie to entrust for a short and limitted time the Militia under the commands of persons of Honour that the Lords and Commons those whose blood and estates must defend the State may repose faith in yet this is not to be granted and the feares and Jealousies of his Maiesties best Kingdome and most obedient Subiects held so unworthy of any regard or satisfaction that they are esteemed and so published for frivolous and false pretended meerely to obtaine an uniust purchase out of the Kings prerogative For the nomination of prime Officers Councellours and Judges I presume that request results out of the precedent misgovernment and is intended onely for this time And peradventure the temper will be better for the people that the King being once invironed with a wise and religious Councell appoint Judges and publique Officers whom the people may if there be cause accuse and the Parliament iudge nor would this branch of the Kings prerogative beene reach'd at by the people if the Judges who ought to be conservators of the lawes had not been the distroyers If the the counsell of a few even in Parliament time had not involved the whole state in a common calamity and contested with the Grand Counsell of the Kingdome assuming to themselves more zealous affection to his Majestie a greater care of the common-wealth a better discerning what was necessary and fit for both Yet the election of publike officers is not without president in the times of former Kings But I would not have those Kings presidents to his Majestie that such demands may not be president to us Concerning the perpetuall dictatorship of the Parliament It may be demanded why is the work prolonged by them who aske why are you so long at work why are delinquents protected by what meanes are difficulties objected How comes this Rebellion in Ireland why doth the Parliament spend time in providing for their owne safety which ought to be spent in redresse of publique disorders and vindication of the subjects from oppression do they pretend fear because they would rule let his Majestie render those feares apparantly false and concurre more hartily than they in securing the Kingdome Let him grant commissions for Ireland let him grant Guards for the Parliament as wel to secure their fear as their danger why should his Majestie confirme their feares by discharging their Guards and attempting their persons If he know them to be safe let them know it also or confute their feare to the understanding of the whole Kingdome by granting their owne wayes of security the next way to detect those apparitions of fear if they be false And when the Religion of our church is vindicated The vigour of the Lawes renued A Guard of strength and terrour provided for their future preservation The Rebellion in Ireland quelled His Majesties revenue examined and repaired Particular delinquents punished The Court of justice reformed The banks founded by the industry of our Ancesters with so much blood and treasure against the inundations of the prerogative or malignity of private counsels repaired and better fortified then let us see what pretence will be made for continuation of the Session still The English Nation will not doubtlesse sel their birth right for a messe of pottage Nor change the government of a Prince time nor story remembring any other in these Kingdoms of extraction so illustrious of a title so indubitable to be ruled by their equal peradventure inferior neighbours To that allegation that this assembly is no Parliament in the Kings absence If it be understood when he is not present it is an opinion so ancient as since his Majestie left the Parliament for before I am perswaded it was never heard of And it must follow thereupon as hath beene answered before that by the accedentall absence of the prince or in sicknesses that induce stupifaction or in the first degrees of infancie when the powers of the reasonable soule have no latitude of operation the state may be left without meanes to preserve it self which is a great absurditie to thinke But if by the Kings absence be understood the want of his voluntary concurrence in confirmation of the Acts and Ordinances of both houses and that in such cases they are no Parliament it may well be doubted if they have bin any Parliament during this Session For the acts that have passed his Royall assent so much amplified in his late declarations to the people are shrodely suspected to be with no great good liking of his Majestie I am sure if they were voluntary they were not exhibited with due circumstances for through that opinion his Majestie hath lost much of the thankes due for such transcendent graces which no Prince or inferior person ought in discretion to loose However that both houses legally convened and authorised to sit doe not by the kings absence loose the essence and denomination of a Parliament appears by presidents of former times when in the absence of a Prince further distant in body then his Majestie is in mind I hope the estates have assembled themselves which is a little higher then was yet in dispute have administred oathes of fealtie to the subject have named officers for publique services and as well to superintend the peace of the Kingdom as the revenue of the King And though there was not nor is any law authorising the assembling of a Parliament in such a case yet was the legallity of that Parliament never questioned nor will of any other upon the same or the like occasion when the matter to be treated on is the peace and safety of the Kingdome whether the King be absent in body or minde it changes not the question much But that which is a short answer to all that can be said is that by an Act of all the estates this Parliament is not disolveable but by an Act of all the estates therefore a Parliament untill that Act be passed To the other part of the allegation that Major part of both Houses have left the rest and are gone over to the King It may be demanded why doth not then his Majestie send them up to adjourn the Parliament to Oxford or Cambridge are they so fearfull of the Aprentizes of London that they dare not appear to do his Maiestie so great a service by shouting a yea or no in the house of Commons how willingly would they adventure a battell that refuse to speake a word in a croud Truly it were they way to put an end to all the controversie to reverse with ease the acts that have given so great cause of repentance to reduce the Parliament to termes of due obedience to save a multitude of offenders to
A DISCOURSE VPON THE QVESTIONS In debate between the KING AND PARLIAMENT HAving been a by-stander and observing so well as I could how this great game hath beene played on both hands between the King and Parliament I have wondred to find considering the Declarations on both parts that with great expence of time and money they have made a shift to argue themselves into a Civill warre And the wonder is no lesse to heare the varietie of opinions some asserting his Majesties proceedings some the Parliaments and some affirming that the thing in variance belongs to neither divided from the other for say they it is but who shall rule Arbitrarily in cases to which the Law hath not fully or not at all extended which the King cals his Prerogative the Parliament as matters now stand theirs To take the better view of the present differences looke a little way backe upon the actions of precedent times It hath been the generall beliefe of this Nation upon what reason I cannot judge that the designe of his Majesties late Father King Iames was to wynde up this Government to the height of France the better to hold correspondence with forraigne Princes whose power increasing their riches and both together their reputation it was a shame to be left behind but finding the times averse and being the best Astrologer in the world what the successe should be of his owne Actions he betooke himselfe to the satisfactions of his age which he could acquire and left the complement of this to his Majestie that now is in whose person were concurrent a title indubitable settled by a succession and the activitie and glory that is inseparable to youth and the fresh assumption to the Throne of three Kingdomes The first dissolved Parliament to stumble at the first step seem'd ominous to some others tooke it for a tryall and in pursuance of the designe And the rather for that his Majesties Protestations to governe by the Lawes and his late answer to the petition of Right not withstanding the exaction of Loane money immediately following the erection of Monopolies and the forcible taking of the Subsidie of Tunnage and Poundage begate an universall diffidence in the people of his Majesties personall promises and an opinion that his best resolutions were easily overthrowne by the counsell of others and so consequently that his Actions were not his owne which opinion true or false when ever it got beliefe hath proved fatall to the Princes or to the people of this Kingdome For the Nation hath hated to be governed by many Viceroyes and resents no insolencies in their Princes so much as defects rapes murthers and particular depredations being more tollerable when the vertues of the Kingly office have a happie influence and latitude upon the whole bodie of the Common-wealth And yet to speake a truth the same argument that aggravates the violations in Government may be a reasonable excuse for his Majestie and the same that the reverence of the English Nation to their Princes hath ever used those acts of iniustice were not the Kings but his Ministers for what other opinion could the King retaine then what the Iudges delivered for Law and the Divines for Gospel for these had made a generall definition of a King and applyed it to all Princes and those had made a generall day of iudgement upon all the Lawes and subdued them to the will and pleasure of those Princes and being mindfull of their owne interest and how much it concerned them to make that King absolute whom they had hope absolutely to rule they would needs make a King by the Standerd out of Gods Word that his Subiects might be slaves for Conscience sake And by examples taken from the Kingdome of the Iewes they invested him with power essentiall to his Office to use at pleasure the persons or estates of his subiects of a divine institution incomprehensible by lawes if necessitie require a variation and under heaven no other Iudge of that necessitie besides himselfe And having placed him in the ranke of Gods gave him the like Election to governe the world by second causes the fit officers of nature or by miracles and wonders effects of his immediate interposition by the grand Councels Iudges and inferiour Ministers of the Lawes or by Patents with non obstantes Proclamations and a divine Prerogative But to say a truth his Maiestie hath of late admitted a better information of this manner of Government And hath given many Assurances by Protestation to innovate nothing yet this satisfies not and the reason would be examined As also what those difficult questions are whereof the sword must needs make the resolution The ill satisfaction the people receive notwithstanding the Kings mightie Protestations to govern by the Lawes to defend the Protestant Religion Priviledges of Parliament c. springs out of this Iealousie that if it come into his Maiesties power to doe otherwise he will do so For who can thinke say they having the same maximes in his mind and the same councell in his eare that he hath had that he will doe otherwise then he hath done That he will after the ruine of this Parliament refuse the fruition of that which hath cost so much labour when the danger is passed who will beleeve he will have recourse for ayde and advice to Parliaments when he shall remember to what sad exigents he hath been reduced by them whereof that himselfe was any part of the cause shall be hid from his eyes how averse they are in their composition from the Genius of the Court how apt to be misse-led by a few how unfit councellours in matters out of their usuall cognizance wanting abilities to advise and modestie to be silent how slow and lingering the remedies are for the maladies of the Common-wealth who will not thinke how much better it is for the King if he can to satisfie the people upon the word of a King on the word of a Gentleman that their grievances shall be remedied as well without a Parliament who will not beleeve he will rather chuse to be the father of a Militia of his owne who receiving their livelihood out of his Coffers shall help to fill them by whose hands he shall have power to mow the fertill meadowes of Britain as often in a Summer as he pleaseth And what shall hinder the Law no there shall be the same imminent necessitie that was pretended before and there shall not want both Divines and Lawyers that shall say the King and his private Councell are sole Iudges of that necessitie shall the Kings Promises and Protestations hinder I cannot tell it may be so I wish the people of this Kingdome had such confidence in his Maiesties personall promises but if the King cannot himselfe tell if no King not private man can tell how his Councels and resolutions may change when the state and condition wherein he made them is changed if humane nature easily relapse to those