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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A96210 Refractoria disputatio: or, The thwarting conference, in a discourse between [brace] Thraso, one of the late Kings colonels. Neutralis, a sojourner in the city. Prelaticus, a chaplain to the late King. Patriotus, a well-willer to the Parliament. All of them differently affected, and disputing on the subjects inserted after the epistle, on the dissolution of the late Parliament, and other changes of state. T. L. W. 1654 (1654) Wing W136; Thomason E1502_1; ESTC R208654 71,936 174

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time to send out his Commissions of Array was doubtless such a breach of Trust and a Treachery of so deep a die as that in all our Histories we finde it not parrallel'd amongst all our kings but onely in that Tyrant of Tyrants king Iohn who indeed invaded the Land and ruined the Castles and Houses of the Barons Gentry that opposed his Tyrany and came not to his assistance at a call and in this kinde of Tyranny it cannot be gainsaid the late king came not behind him if not exceeding that irregular king as 't was evident by this instance that immediately after the sending forth of his Commissions of Array on the heels of those issued out his Commissions of Oyer Terminer to hang all those which adhered to the Parliament But in a little more to the illegality of the kings Commissions of Array both before and after the setting up of his Standard surely those Lawyers that waited on him first at York and after at Oxford were doubtless those which mis●ed him and with such artifices and pains drew up his Answer to the Parliaments Declaration of the first of Iuly 1642 against the legality of the Commissions of Array He that will take the pains to examine that Declaration compared with the kings Answer may soon perceive that the Contrivers and Penners thereof were not so honest as they should have bin neither as it seems so wel read in the Laws or so expert workmen as to avouch the Statute of the 4. 5. of Hen. the 4. 150 times over in that Answer and notstanding all their endeavors to entrust the King with a legal power to send forth his Commissions for arraying of the people at his own will and pleasure without consent of Parliament yet those fine Iohns for the king have not neither could they produce any scrap of Law or piece of Statute that enables the king to Array the people against themselves to engage English against English and to set so many as came into his assistance together by the ears with those which adhered to the Parliament and at a time when there was not the least fear or expectation of an invading Enemy more then of those which the Parliament feared should be sent him out of France Lorrain and Denmark but to what other ends then to ruine the Parliament let any impartial Royalist make his own judgement 't is true that in case of Forraign invasions the king by Law hath been evermore trusted as Generalissimo to command the Force● of the Kingdom for defence and safety of the people and to no other end and so was the Law expounded in Parliament the thirteenth of Queen Elizabeth but never so wrested before by any of our Lawyers as by those that waited on the King would have enforc't thereby to impower him at pleasure to command the strength of the Kingdom against it self and surely it appears to me and thousands more that forty Judges Serjeants and Lawyers then in both Houses of Parliament should better understand and know more of the Law in the case of Commissions of Array then those eight or ten * Littleton Banks Lane Heath the Atturney Herbert Palmer c. sycophant fellows that followed and animated the King in such irregular motions onely in hopes of preferment and to form him into such a posture of absolute power that when he pleased he might destroy himself and the Kingdom as that to our grief we may remember they had taught him and put him in the high-way of the accomplishment I remember a pertinent passage related in our Histories how that the Earls of Warwick and Leycester being peremptorily summoned to attend Edward the First into France the Earls in plain English told him that by the Laws of the Land they were not bound to wait on him out of the Land at his pleasure but onely within the Realm and for the defence thereof and that onely on Invasions of Forraign Enemies which agrees with that before recited of his taking the Train-men out of their respective Counties by his Commissions to serve him in Gascoyn Gwyn and other places beyond the Seas contrary to the Laws of the Land which grievance the King then redrest neither could I ever yet finde any one express Law or Statute that enables any of our Kings by their sole power without consent of Parliament to Array the people but onely in the case of Forraign Invasions and coming in of strange Enemies howsoever the Penners of the Kings Answer to the Parliaments Declaration have laboured though to no purpose to prove it otherwise however 't is worth the observation what fruitless pains they have taken in their frequent recitals of the Statutes of the 4. 5. of Hen. 4th the 13. of Edw. the 1o. 1. Ed 2d. 25. of Edw. the 3d. 9. of Edw. 2d. the 4. 5. of Phil. and Mary 1º Iacobi with divers others all of them principally tending to the Assize of Arming the Subject secundum facultates according to his ability those Assizes having been almost in every Raign altered and the Statutes according to the vicissitudes of times change of Arms and invention of Guns for the most part of them repealed and new Statutes made in their rooms with power of Commissions to be issued as the exigency of affairs should require on Invasions from abroad home defence on Insurrections c. All which so often and so much prest in the Kings Answer made nothing to the matter in question between him and the Parliament 1642. The point in question was not then concerning the old Commissions of assizing Armes or Commissions of Lieutenancies in every County but the reasons of the Parliaments Declaration and the exceptions they took were against that exorbitant power the King assumed to himself under pretext of Law to Array the people one against the other and against their Representative as that sure enough he failed not to put in practise howsoever disguised under an elaborate and ridiculous Answer when as we have noted before there is not one Statute or scrap of Law to be found in all our Law-books that legally enables the King to raise war against a Court of Parliament and raise combuston in the bowels of the Kingdom which I trust may satisfie all Royalists that the Parliament had then good cause to complain when in times of Peace he made them times of war and desolation by sending out those his illegal and destructive Commissions which whether they were so or not doubtless the Parliament was better able to judge and determine then the King or his Minions then attending his Person Of the Kings Prerogative to call and dissolve Parliaments at his own will and pleasure AS to the Kings power to call and dissolve Parliaments at his will pleasure to summon a Parliament with one breath and blow it away with another blast of his mouth as 't is still frequently maintained by Royalists and others newly started up that by
was a known Tyrant an Usurper and a murtherer of his own Brothers children an Enemy to the Clergy and the greatest depopulator of the Kingdom that ever before it had and yet the States and Nobility forget all his Tyrannies misdeeds and after his poysoning at Swinsteed admitted of his innocent young Son after call'd by the name of Henry the third and soon quitted the Land of Lewis the Dolphin of France whom before they had call'd in to their assistance and to whom most of the great Lords had sworn fealty In like manner the Parliament after the deposiog of Edward the second for his Tyranny made choyce of his young Son Edward the third who proved a very galland Prince likewise on the Parliaments deposing of Richard of Burdeaux for his misgovernment the State made choyse of his cousin-german Henry of Bulling-brook who though not the next in blood and consequently an Usurper as to the right of Succession yet was he made King by consent of the Parliament and he approved himself a very wise and politick Prince whence it appears that the Parliaments and Nobility of those times had ever an eye on the next Successor or to such a one of the blood-Royal as in their judgements they conceived to be most capable and fit to undertake the kingly Government as it may be instanced in their Election of Steven Earl of Bulloyn in the absence of Maude the Empress next in blood and since that of Henry of Richmon after the killing of that Tyrant Richard of Glocester on these premises I beseech you a little extend your patience and tell me what you conceive to have been the reasons that the late Parliament not only took away the Kings life by a new president and under colour of a legal hearing to the great regret of the major part of the Nation but have rerejected the young Prince of mature years hopeful and able to govern together with the Duke of York and Glocester with all the discendents of King James and have changed the Royal Government into a Common-wealth have sold all the Lands Honours Mannors and Revenues anciently by right belonging to the Crown as the proper Inheritance of the Kings of England Now Sir By what Law of God man or reason of State they have attempted on so strange an enterprise passes my understanding especially the exclusion of the poor innocent Princes goes directly against my conscience yet if you please I shall willing hear what you can say for my better satisfaction Patri Doctor your questions necessarily will require a long search into the reasons wherefore the Parliament enterprized on so high a concernment yet in brief I shall tell you what hath been told me and by some of the late Members on the same Queres you have propounded First they say that on consideration of the Kings seldom calling and often dissolving of such Parliaments as he summoned without their due effects and that for ten years together he refused to summon any but ruled during so long an intermission at will and pleasure whereby the common interest and liberties of the people were so much invaded and so many grievances and oppressions crept both into the Church and State that when this late Parliament was through the extremity of his wants call'd the Assembly was to seek where to begin to rectifie and repair the decays of the Commonwealth which through his own misgovernment the prodigaltie and dissoluteness of the Court and Clergy had befallen the universal Nation which although he wholly then left to their rectification yet immediately thereupon he not onely went from his word and falsified his promise but by the continuance of innumerable practises and his uttermost endevors he sought nothing more then to obstruct their Reformation ruine the Parliament and put all the Kingdom into consusion by a most bloody and destructive war which the Assembly perceiving and that his intent in pursuing his designs full six years together and so long as he was able aimed at the utter overthrow of the Laws and envassaladge of the people and that he had entailed this quarrel on his Son and his Heirs-males in perpetuum how impossible then it was for the Parliament to settle a firm peace throughout the three Kingdoms by re-admitting the King full fraught though a prisoner with his wonted Principles and designs or to take in any of his Posterity afore-hand indoctrinated in their Fathers frauds and subtilties might amaze the wisest of men even Salomon himself to finde out any other way how to free the Nation from pe●petual Tyranny and bloodshed but by cutting off both the Father and Son which were so deeply interessed in the controversie and to make the same use of their victories for the future security and indemnity of the people as the King himself intended to do in the behalf of himself and his Successor had the fortune of a Conquest befallen him thus much in general as to the grounds of the Parliaments resolution of cutting off the King and his Posterity as to the particular reasons I pray take them in their order 1. They alledge that they had no choyce left them whereby to save the Nation from utter ruine but were by the Law of necessity inforc't upon them by the King himself and of his own seeking both to cut off him and exclude his Post●rity 2. That having had so long patience and taken such infinite pains during all the wars after he had lost all and was a Prisoner to satisfie him from time to time in what possibly they could in all things questionable between them and on all his exceptions to reason the case all along with him in their several Answers and Replies to his Papers Expresses and Protestations attested before God and his Holy Angels pretending still how really he meant when by long and sad experience they found all his pretences fraudulent yet could they never satisfie him with any Arguments either of Law or Reason but that his own Reason his Will his Honour his Conscience must be the onely Directory to the Parliament theirs of no esteem with him 3. That notwithstanding their many Addresses and humble Petitions presented unto him after his causless recess from the Parliament for his return with honor and profit with this onely reservation to leave Delinquents to the judgement of his Supream Court they prevailed not but he defended them and was the skreen to most notorious Offendors professing still a willingness to peace and Treaties onely to get advantages when he most intended War and Conquest 4. That such was the obstinacy of his natural inclination which himself miscalls constancy from which they found it was impossible to disswade him or yeeld to any reason never so well measured by them but that they must yeeld to his though never so unreasonably prest by himself 5. That in this wilsull pursuance to obtain his most unjust ends he incorrigibly persisted to the last without the least reluctation