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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29269	A plea for the peoples fundamentall liberties and parliaments, or, Eighteen questions questioned & answered which questions were lateley propounded by Mr. Jeremy Jves, pretending thereby to put the great question between the army and their dissenting brethren in the Parliament of the commonwealth of England out of question / by Capt. William Bray.	Bray, William, 17th cent.; Ives, Jeremiah, fl. 1653-1674. Eighteen questions propounded.	1659 (1659)	Wing B4306; ESTC R158	13,677	22

minstrat impetus Violence doth nothing well Question X. Whether those men that last sate were not rather admitted to serve the present Exigency as the best expedient that then could be thought on rather then out of consciousness to their just Authority as a Free Parliament Answer X. If you and others were ingaged by termes in your Commission to be obedient to such orders and directions as should be given from the men that last sate you had then termed this your tenth Qustion in apt words And for their being admitted to serve a then present exigency I could never find that it was any published end And if it was a secret intention only it was not a mutuall Compact and so could not bind the publiquely invited But by this you do inevitably and Consequentially charge them that invited the Parliament of the Commonwealth of England into possession of their interrupted Session with Hypocrisy as if they did not intend what they publiquely and manifestly pretended And that you may see your Errour and inconsideration by Declaration of the 6th of April 1656. divers Officers of the Army declared a Commemoration of what they had solemnly before declared not without appeales to God And they complained therein that those which had been Enemies to that FAMOUS LONG PARLIAMENT had meetings and grew very insolent to offer affronts and assaults to the friends thereof That the FAMOUS ACTIONS of the Parliament were vilified and evill spoken of And of persons dareing to speak against the Authority of PARLIAMENTS and to call their proceedings and such as acted in obedience to them illegall and unwarrantable so that there was but a step say they expresly between the PUBLICK CAUSE and the FUNERALL thereof And they bewailed their great failings and turnings aside and desired wherein they had backslidden to take shame to themselves The 6th of May after they invited the Members of the Long Parliament from the year 1648 that continued sitting till the 20th of April 1653. And therein they called to mind and declared That the Long Parliament were EMINENT ASSERTORS of the Good Old Cause and had a SPECIALL PRESENCE of GOD with them and were SIGNALLY BLESSED in that work And they did judge it their DUTY to invite the said Members to the Exercise and discharge of the said TRUST And they promised them that they should be ready in their places to yeeld them as they said expresly did become them their UTMOST ASSISTANCE to sit in SAFETIE as will appeare by their publique Declarations not declaring and inviteing them to serve the then present Exigency c as the best expedient c. And if they did not submitt to them as a free Parliament Consider who made them unfree or in any sort of Bondage or Servitude And therefore they themselves that were any Cause or colour of diminution to their just Freedome have no Reason to make it any Argument or ground for any violent violation of their Liberty Question XI VVhether there did not remaine a Force upon them aell the time of the last Session in as much as the greatest part of their Members were secluded Answer XI If the Force did remaine on them all the time of their last Session you accuse the Forcers whom you seem to pretend to clear and justify Consider who forced them or who caused the Force to remaine If the greatest part of the Members were secluded Consider they did not seclude themselves And Albeit it is mans duty in Generall to deny to do that which is malum in se though under a force or terror although in some Cases force may excuse in some measure yet it is no argument that because one force was before acted that therfore another must be done no more then a second sin should be committed to justifie a precedent on And therefore the Querent had been better to have urged this question or tendered this Case and his Reasons in a peaceable humble manner to the Parliament of the Commonwealth from whom he had his Commission in the time of their Session then justify the present Case of the Confusion and interruption Question XII If all Force Fetters and Shekles had been taken of and they had enjoyed the free and accustomed Power and Priviledges of the Parliament of England I demand if ever Sir George Booth and Major Generall Brown c had been voted Traytors Answer XII You enter upon Judgement too farr and before your time for you know not what the Parliament would have done if Force Fetters and Shekles had been taken of if they had enjoyed the Free and accustomed Power and Priviledges of Parliament I think you cannot divine I may say in the judgement of Charity Peradventure they might have entered into a Righteous and equall consideration of things without respect of persons as in the sight of God and man Therefore I suppose that place of Scripture 7 Matt. 1. may be applyed to you in this matter Judge not that ye be not judged And if you have any thing to say to those Gentlemen you name in a legall manner or when the Law is open and hath its legall free indifferent and impartiall Course you may have the Liberty to accuse as they or any Englishman else ought to have the fullest liberty of defence which the Righteous auntient Fundamentall Lawes and Liberties afford And so I who am not privy to their affaires shall close this Answer in defence of our Fundamentall Lawes and Rights with the sentences and wise sayings of the Town Clerk of Ephesus 19 Acts 38 39 40. against the confusion and Uproare raised by Demetrius VVherefore if Demetrius the craftsmen which are with him have a m●tter against any man the Law is or indeed ought to be open or the Court dayes kept and there are Deputies let them implade one another But if ye inquire any thing concerning other matters it shall be determined in a Lawful or ordinary Assembly For we are in danger to be called in question for this daies Uproare there being no cause whereby we may give an Account of the Co●course Verse 36. Seeing these things cannot be spoken against ye ought to be quiet and to do nothing rashly Quest XIII And whereas it is objected That by an Act made by King Lords and Commons that 40 of them should make a Quorum and that they should not be dissolved till they dissolve themselves and therefore being yet a Quorum they are therefore a Free Parliament I demand VVhether by this Argument those which the Army secluded when they came to Hounsloe-Heath may not as well call themselves a Parliament seeing they were a Quorum and kept their places in the House when the rest went away to the Army and were as truly forced out then as these were afterwards and whether this very Argument would not make them a Parliament if another Interest should prevail to take off that Interruption Again the intent of that Act was not that any 40

A PLEA FOR THE Peoples Fundamentall Liberties and Parliaments Or Eighteen QUESTIONS Questioned Answered Which QUESTIONS were lately propounded by Mr. Jeremy Jves pretending thereby to put the great Question between the Army and their dissenting Brethren in the PARLIAMENT of the Common-wealth of England out of question By Capt. WILLIAM BRAY Luke 3.14 And the Souldiers likewise demanded of him saying And what shall we do And he said unto them Do violence to no man neither accuse any falsly but be content with your wages 1 Cor. 11.16 But if ANY MAN seem to be contentious we have no such Custome neither the Churches of God Entred according to Order LONDON Printed by John Clowes for the Author 1659. To the Reader I Have given my thoughts in answer to these ensuing 18 Questions that so I might give some satisfaction to those doubts that may arise in the minds of divers good men affected to their Countreys Rights and safeties in these times of great anxiety dangers and animosities one towards another and that truth may take place and all may endeavour to understand one the other by a faithful approaching to and asserting their Native Rights and may not be withdrawn from them upon any pretences whatsoever without which standing for their Rights there can be no true ground to expect Justice Love and Unity It is true Calamities in Nations do oftentimes fall out to be best discerned when they are desperate and most incurable But however though the difficultie be great to amend a distracted Nation yet it is all our duties to extend our endeavours to save our Countrey and leave the success to the Almighty and in so doing the discharge of a good Conscience will offord great Comfort whatsoever may fall out in this uncertain and transitory Life W. B. Eighteen Questions propounded by Mr. Jeremy Ives Questioned and Answered by Capt. VVilliam Bray Question I. WHether a Free Parliament ought not by the Lawes and Customes of this Nation to be chosen by the Generall Consent of the People Answer I. It is one of the ancient and known general descriptions of a free PARLIAMENT according to the Laws and Customs of this Nation to be elected by the general and free consent of the People who are not legally made uncapable and when it comes to begin its Session by the Ancient Law Right of the Parliament a PROCLAMATION ought to be made in VVestminster That no man upon pain to loose all that he hath shall during the PARLIAMENT in London VVestminster or the Suburbs weare any privy Coat of Plate or go armed or that Games or other Plaies of men women or children or any other Pastimes or strange news should be used during the Parliament and the Reason thereof was that the High Court of Parliament should not be thereby disturbed nor the Members thereof which are to attend the arduous and urgent business of the Common-wealth withdrawn And it is generally known by those whom it hath pleased God to save alive in our sad intestine warrs That the Parliament often declared themselves to be highly affected and displeased with the nature and manner of the late KING CHARLES his demanding of the Lord Kimbolton and the five Members Mr. Pim John Hampden Denzil Hollis Esqrs. Sir Arthur Haslerig Mr. Strood 5 January 1641 It was then Voted and Declared a high breach of the Rights and Priviledges of Parliament and inconsistent to the Liberty and Freedome thereof and by a Declaration they did declare that the Kings Warlike manner therein was against the Fundamentall LIBERTIES of the People and the RIGHTS of PARLIAMENT And another part of Freedome in the Election of Parliaments is That there ought to be no corrupt dealing to give money c to be elected because it was to poyson the Fountaine it self from whom should proceed no Law contrary but suitable to the Fundamentalls Another principle Maxime and end why Parliaments are to be assembled and sit freely by the Fundamentall and righteous Constitution of England is to redress grievances against corrupt and unjust Judges and great or potent oppressors who have subverted the course of Law and Government and destroyed the Peoples ordinary Legall remedyes And no Parliament ought to be ended whilest any Petition remaineth undiscussed or at least to which a determinate answer is not made as may be seen in the fourth part of the Lord Cooks Institutes treating of the high Court of PARLIAMENT Question II. Whether a Parliament so chosen ought not to doe what they think best for the weale of the Nation that so chooseth them without the interruption of any party upon any pretence whatsoever Answer II. It is the Right of the People for their Parliament to be chosen in full Freedome and have also a free Session after a free Election without interruption of any party yet they are bound as most Incomparable Example of Law Justice and Right to the whole Nation and Executive Ministers whatsoever by the Right unalterable Rule the Fundamentall Lawes and Liberties of the People to do impartiall Justice and Right to every party and not to consider parties but the cause which wholly excludes an Arbitrary Power And therefore upon full debate in full and free Parliament of the 42 Ed. 3. cap. 3. If any Statute shall be made against the Charter of our Liberties it shall be voyd as may be seen by the Lord Cooks Institutes the first part his Commentary upon Littleton Lib. 2. cap. 4. Sest. 108. concerning which I have more fully treated in my late Plea for the Peoples good Old Cause or the Fundamentall Lawes and Libertyes of England asserted proved and acknowledged to be our Right before the Conquest and by above thirty Parliaments and by the Declarations and Convictions of Conscience or publique acknowledgements of the late King Charles and by the Parliament and their Army in their severall and particular streights and differences and in answer to Mr. James Harrington his CXX Politicall Aphorismes sold by Francis Smith at the Elephant and Castle neer Temple-Barr wherein you will as I conceive upon your taking into consideration the Authors which I cite for my judgment cleerly see that Acts or Statutes of Parliament that have been against the common Lawes though upon glorious and specious pretences are called illegall and mischievous Acts of Parliament shaking the Fundamentall Law And at a Grand Committee of the Parliament of the Commonwealth of England for the Government Sept. 14. 1659. It was resolved that the Supreame delegated Power residing in the Peoples Trustees is and ought to be limitted in the exercise thereof by some Fundamentalls not to be dispensed with or subjected to alteration Question III. If any shall say a free Parliament ought not to be so elected and so impowred I demand then how they are a free Parliament in the sense that the People of this Nation according to Law and Custome do understand a free Parliament Answer III. I conceive I have answered this