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A95510 The resolver, or, A short vvord, to the large question of the times. Concerning the Parliament: and confirming the proceedings about the King. Being, a letter written to a deare friend, tending to satisfie him. At least, to shew the authour rationall, in approving the proceedings of the Army. / Imprimatur Gilbert Mabbot. N. T. 1649 (1649) Wing T40; Thomason E527_10; ESTC R205667 7,749 8

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THE RESOLVER OR A SHORT VVORD TO THE LARGE QUESTION OF THE TIMES CONCERNING The Parliament And confirming the Proceedings about the KING BEING A Letter written to a deare Friend tending to satisfie him At least to shew the Authour rationall in approving the proceedings of the Army Debita sanguineo mors sanguinolenta tyranno He that sheds mans blood by man shall his blood be shed Gen. 9.6 Thou shalt not be joyned with them in buriall because thou hast destroyed thy land and slain thy people Esay 14.20 Indignus enim est quem terra sinu suo excepiat ac contegat is qui eam vastarit innocentium sanguine corrupit Marlorat in locum Imprimatur GILBERT MABBOT London Printed by I. C. and are to be sold at the Crown in Popes-head-Alley 1648. The Printer to the Reader THis Letter should have been Printed upon the third of this instant Ianuary But something hindred them Since that the Armies seizing of the Members hath been fully vindicated both by themselves and others Yet they being here more brifely touched upon And the question of the proceedings about the King not as yet spake too at least so directly as here I hope this will not be unpleasing to the Reader to peruse nor to the Author to see it in Print Jan. 17. 1648. Imprimatur GILBERT MABBOT THE RESOLVER OR A short word to the large question of the times concerning the Armies seizing the Members of the Parliament and confirming the proceedings about the King c. Deare Friend THe transactions of affaires on foot are weighty and in our conclusions concerning them we had need be wary He that is to passe over the amazing Sea of politiques had need have a stout Ship and a skilfull Pilote It s cowardize not to own a good cause when it so appeares But its madnesse to account every cause good that is so called rashness in any thing especially of weighty is irrationall I have a long time bin a serious and silent spectator of the late Tragedies which have been over-acted upon the English Stage And if I should say I have beheld them with my eyes my heart would at once witnesse against me and condemn me Misery hath a power upon men much more upon Christians to cause mourning A safe and a speedy period of these sad and shaking affaires is that which is desired by all and endeavoured by some But alas Who is sufficient for these things I confesse I long and looke for a full just and grounded peace because the mouth of the Lord of hosts hath promised it But the question is whether the things now in agitation have a tendancy thereunto Now that justice rightly administred is the path to peace I think none that is but morally-wise will denye And that punishment of offenders is a prime peece of justice was ever maintained by those who were any thing verst in politiques The doubt then is not for much about the matter as about the manner of the things now transacted Two things you scruple in order to the removal of which this is First you question Whether the Armies seizing and secluding the Members of the Parliament be not rather a violation of justice then an expedient for peace For suppose them say you guilty yet to ceize and secure them was not regular and confident you are that it was the breach of their priviledges and so not only above the power but against the Protestation of the Army And secondly you say you are in the dark about the peoples power over Princes and the quaere whether the tryall of the King either by Army or Parliament may be lawfull In Answer to both these I return briefly thus First as touching the Armies seisure of the Members and therein of their breach of priviledge I return thus 1. I am as yet ignorant of those Arcana Imperii i.e. what the priviledges of Parliament are in their just latitude Only I am apt to think that as all was not prerogative just which the King and his faction so named so neither are all those just priviledges which alone were protested to maintain which certain Parliamentary Grandees are pleased so to declare Certain the King did deceive while he said every thing or most which the Parliament did against him was an invation of his prerogative And why the Parliamentees may not delude also when they cry out breach of priviledges I know not But I hope that ere long we shall know the just bounds of Parliamentary Priviledges and then we shall see who transgresse 2. As yet it s not declared by those whose innocency continues then in the house that what was so done by the Army was a breach of Parliamentary Priviledges Nay while they desire to know the reasons thereof do they not tacitly include that it was not It were as easie for them to say you have broke the Priviledges as to intreat an account of that action The Justice who only askes the Constable why he secured such a person upon suspition of felony and doth in it silently hint that the very securing was unjust 3. What ever be their Priviledge in Parliament I am perswaded to think that it is not at least a just Priviledge to be free altogether from Arrests for then what would the City Creditors do c. And I am easily convinced that it may be as just to Arrest and above an Arrest the Army hath not acted for suspition of Treason as for any debt whatsoever 4. The Commission of the Army was to take and secure at least all such as either more publikely or more privately were enemies to the Kingdom And why a Parliament-man being such should be exempted I know not sure there was no such proviso in the Commission that in case they were Parliament-men that acted against the Kingdom they should not be taken hold of It had been well for some rotten and Revolted Members such a clause had been in but then it were ill for the Kingdom Lastly Admit the action exentrick and not avoyding to the formalities of Law which have him at best a hinderance to justice yet the case is extraordinary necessity is the Law royall And how many Acts which in their fieri or doing have not bin so legall have yet in their fact or Act bin declared even by the Parliament necessary and therefore warrantable is known to all That there was a necessity to compell and for to authorize the other is cleare Suppose that some Pilots to whose care the safety steerage of some ship were committed should upon their being a shore and in company with some Pirates conclude to go aboard and to conspire there against the owners and venturers in the Ship either to betray it to the Pirates or to detain it themselves Now suppose some of the Seamen who were to man it as to Warre and to fight for the safety and security of the Ship should upon the hearing or knowledge of their design stop the perfidious