A DISCLAIMER AND ANSWER OF THE COMMONS OF ENGLAND Of and unto a Scandalous Libell lately published against the PARLIAMENT and especially the House of COMMONS and their Proceedings INTITVLED 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 LONDON Printed by G. M. M.DC.XLIII A Disclaimer and Answer of the Commons of England to a scandalous Libell lately published against the Parliament and especially the House of Commons and their proceedings intituled The Remonstrance of the COMMONS of ENGLAND WE the Commons of England doe not prejudge but upon imature deliberation had of the said Pamphlet and of the Contents thereof doe righteously judge and pronounce the Authour thereof to be no true sonne of our mother but some bastard of Rome and brat of a Iesuite his spirit bewrayes him and his language which is of Ashdod and not of our Canaan belching out the poyson of an envenomed and rotten heart in blasphemies against the Parliament the mother nurse and onely preserver of our Religion Lawes Liberties and comforts under God and against the House of Commons which hath ever been the fastest friend to this Kingdome and the happinesses thereof and against this now House of Commons and Parliament which hath prevented more mischiefes from and procured more good to this Kingdome and our neighbour Kingdomes of Scotland and Ireland then any former Of which we shall shew our selves to be infinitely unworthy and unthankfull for if we should not vindicate them and their fidelity and might justly expect for such neglect to be delivered over unto the extreame tyranny and the miserable effects of it which first by subtilty and cunning workings in a clandestine way and now forcibly by the Sword and hand of Violence is endeavoured to be brought upon us and our posterity and which we had been before this overwhelmed in but that the Lord hath made them his blessed hand to prevent and keepe off the same And when we perceived this Devill incarnate to hide himselfe and vent his impious blasphemies under our name of whom we are very confident he never harboured a good or honourable thought or regarded us more then the dung of the Earth but for his own base and accursed ends we could not be silent least we should betray our innocency and be thought to be such as he is Object The first thing we meet withall in this Libell is That the Authour counterfeits himselfe to be a Physitian and pretends a great cure and propounds speciall preparatives unto it The first speaking in our names to the House of Commons he affirmes us to be still the true body of the Commons of England and they but the presentative Sol. And in this he shews himselfe to beds grossely ignorant as he is wickedly malicious for the House of Commons is a part of us and the choice most excellent and principall part too and not only our Representative and are interessed and sharing in the publike good and evill as much as any and more then most of us Obj. 2 He saith We have not so delegated our power to the House of Commons as to make them the Governours of us and of our Estates and that in truth they are but our Procurators to speake for us in that great Councell Sol. This is a fuller discovery of his sottish ignorance for he knows nothing of the nature of Parliaments that knows not that the House of Commons is absolutely intrusted with our persons and estates and by our Lawes invested with a power to dispose of them as they shall thinke meet not onely by making new Lawes but also as they are a great Court above all our ordinary Courts to governe us and determine of all things proper to the power and jurisdiction thereof in all things tending to the conservation of the Common-wealth and of our Religion Laws and Liberties and to be limitted to be only Proctors to speak for us is senslesse and ridiculous Ob. 3 He saith That in right we ought to have accesse to those whom we have chosen as there shall be cause to impart our desires unto them and that they ought not to refuse us Sol. We never found our selves denied in any matter to impart our desires to that Honourable House petitioning them in a fitting manner when our Petitions have concerned the good peace or safety of the Kingdome things belonging to their jurisdiction but if any of us have petitioned for matters of a private nature of right or wrong between particular persons or in any way or manner not beseeming we hold it fit such Petitions should be refused and they ought not to be heard much lesse accepted that so much forget themselves and their duties Ob. He saith That by involving our Votes in theirs we had no purpose to make the Commons House of Parliament perpetuall Dictators Sol. We ever had a purpose and conceive it necessary to the good of the Kingdome That the Parliament continue together and remain undissolved untill all the Grievances of the Kingdome be redressed and all things in the Kingdome reformed and this we believe was and is by the constitution of this Kingdome an undoubted Right and Priviledge of Parliament for to that end we chose them and are to maintaine them and for that end they are called to doe and consent unto those things which by them are to be ordained in and concerning the difficult and urgent businesses that concern the King and the State and Defence of the Kingdome and of the Church of England as by the Writ of their Election appeares a Book of Entries Parliamēt § 1. And certainly the late practises of our Kings among other Incroachments and Usurpations of theirs to dissolve Parliaments before they have done vvhat they are called for and setled all the businesse that concerne the State and Defence of the Kingdome is against the originall Constitution and end of Parliaments and Rights of the Subject and hath induced great Mischiefes and almost Destruction and slavery upon this Kingdome especially when the same have been dissolved because according to their duties and the trust reposed in them by the Kingdome they have endeavoured to reforme the oppressions done by colour of the Kings personall Command against Law and contrary to the Kings Oath and Office and have been made use of onely to burthen us with Subsidies and Taxes and not to ease us of any unjust burthen or imposition And if this worke for which the Parliament was called were once perfected notwithstanding the Act of continuance of this Parliament which was made by this Bablers assent if
if that were a reall intention and true they would worship him represented by any other name as Christ Saviour Messias Sonne of man c. and to say it is in their liberty to worship him under one name and not another is as grosse a deceit and pronounces it a will-worship and voluntary an invention of man which God abhorres as I have shewed before and so indeed they worship their owne fancy and invention and not the person of Christ whose worship must only be according to his own rule And lastly they may make Orders and compell obedience unto them that are for the safety defence and preservation of the King and Kingdome * They be chosen ad faciendum conâ—entiendum his quae coÌ„tigerint ordinari super arduis urgentibus negotijs regem statum defensioreÌ„ regni ac ecclefiae conâ—…nent The very words of the Writ by which they be called not to trouble this short Treatise with any more manifests and proves this most clearly Ob. Thirdly He saith The House of Commons takes themselves so farre above the reach of the Lawes that by their Orders and Ordinances they injoyne the Iudges and ministers of Iustice to forbeare contrarie to their Oathes to proceed in their ordinarie courses when they please Sol. We are troubled more with the ignorance and folly of this man then with any knotty matter of difficulty to answer his scandalous Pamphlet We have observed that for a superiour Court to enjoyne and prohibit the proceedings of an inferiour Court is as common as Ergo in the University Schooles and Judges and ministers so enjoyned or prohibited are bound by their Oathes to surcease and obey and the House of Commons have done this in all Ages and is clearly a Court Superiour to any inferiour and the Judges and Officers of inferiour Courts are under them by Law and to obey the commands and injunctions of the House of Commons to them is that which the Law requires and their Oathes oblige them unto Ob. Fourthly He saith The Parliament makes an Ordinance to put the Militia of the Kingdome into such hands as they please to conside-in without the King and expressely against his Command Fiftly That they possesse themselves of the Navy-Royall and appoint Admirals and other Officers by Sea without the King and use the Ships against the King himselfe Sixtly That they take the Castles Forts and Ports and places of greatest strength in the Kingdome and keepe them against the King himselfe and this will appeare to have been done by designe for the pretence at first was the preservation of the Kingdome against some forraigne enemies where none have appeared for many moneths and such in truth never were and by meanes hereof a warre for the Parliament against the King himselfe was raised for the preservation of the King Sol. Such as have any knowledge of the Constitution of this Kingdome which is a Politicke and not an absolute Monarchy cannot but discerne the apparant ignorance and malice of this Accuser In this Kingdome * Sir Iohn Davies rep Epist fol. 2. Consuetudines regni the people originally agreed Laws such as they found by experience to be good for them which were therefore called the Customes of the Kingdome Customary Law Common Law not imposed upon them by Charters of Princes or by Act of Parliament but assumed by them upon their experience of the fitnes of them for them and are not written as Charter and Parliament Laws be then they chose one from among them to be their King for the defence of their Lawes bodies and goods and for these purposes only they gave him power to governe them and he cannot governe them by any other power or rule a Fortes de leg Ang. 〈…〉 and for the preservation of the Lawes against the Incroachments of the King and abuse of his power and trust which through humane frailty or evill and wicked Councels and flatteries of Court Parasites he might fall or be drawn into and for the making of such new Laws as should be requisite And for the better preservation of the peace and safety of the Kingdome they ordained a generall and great Councell of the whole Kingdome anciently called Michel Simoth Michel Gemot Wittenage Mote magna Curia the great Court commonly called the Parliament or the Common-Councell of the Kingdome and invested them with all power for the good of the Kingdome and people and ordained that the making of new Laws by them for honours sake the Kings Royall assent should be given unto them and for this purpose they ordained the King should take an Oath to preserve the Laws and governe by them and assent to such new as his Parliament should find to be for the common good and should tender unto him a Remonstrance of Parl. 2â—… May 1642 and reply of Parliament to the answer thereof And between an absolute Monarchy and this Politick there are these differences First In an absolute Monarchy the Kings personall will is the Law and his personall Command to be submitted unto to doe it or to suffer willingly what punishment he pleases to impose for not doing it which is not a power fit for any but God whose wisdome is infinite and will infinitely holy and good who cannot erre nor do any wrong and from whom proceeds no command that is not for his peoples good Deut. 6.24 10.13 Soveraign power of ParliameÌ„t â—… c. But the Politick Kings personall Command or will if it be not according to the Law ought to be disobeyed and rejected and if any shall instrumentally serve such personall will to punish him that so disobeyes he that is so offended by such officious servant of the Kings may have his remedy and recover Recompence for such injury and the Kings personall illegall command shall not afford his instrument any protection or defence b Hos 5.10 11 12. God will punish obedience to such illegall coÌ„mands This is so obvious to any versed in our Laws or observing the ordinary practice of theÌ„ in ordinary Courts as nothing almost can be more Secondly An absolute Monarch cannot be controlled in any thing he doth by his Subjects but a Politick Monarch may by the Laws distributed in his Courts be controlled and his actions if against Law defeated made void and nothing more usuall in our ordinary Courts of Justice then to overthrow his Pattents and Grants and to discharge Subjects imprisoned by his Command and for the Houses of Parliament or either of them being extraordinary Courts to overthrow and make void all his illegall Acts that have bin carried-on with abused power to the prejudice of the publike with which the ordinary Courts durst not meddle or were by base cowardise and feare betrayed to comply withall as in the case of Ship-mony Impositions Knighting money c. And if that Politick Monarchy should by wicked Councels beseduced to do or attempt things dangerous to the safety of
for after much time spent about it both the King and they are faine to give it over and goe on upon the Treaty without it And we now also discerne that they desired the best way for us at first and which would bring on an effectuall Cessation and full peace namely that all Armies should be disbanded and that that should be the first of their Propositions concluded and executed before any other And to facilitate the way thereof they have yeelded so fully to the Kings desire in his first Proposition about his Revenue Navy Fortes and Portes as can with any colour of reason be desired to resigne them all unto him onely desiring That seeing himselfe cannot in Person mannage them he will put them into such hands to be named by himselfe as his people may confide in This so evidently discovers and satisfies us of their desire of peace as nothing can doe it more fully more cleerly and after such disbanding the Treaty may goe on concerning all other differences between the King and his great and faithfull Councell in a Parliamentary way when the Kingdome shall be eased of the intollerable burdens of the many great Armies that are now on foot in the bowels of it Ob. And this Libeller further bequarrels the carriage of the Parliament towards the Subject Thus first he saith They have made an Ordinance that the twentith part of mens estates must be paid towards the maintenance of this warre and appointeth who shall value it and then Collectours to distraine for it and sell the distresse and imprison the person that will not pay it if no distresse can be found and their families banished from their habitation Sol. First This is nothing to what is done in the Kings Name by them that seduce him by their evill Councell who inforce many Subjects unto contribution farre surmounting this and plunder and destroy them if they pay it not and take from others all they have without measure or mercy and drive them from their habitation that if the places under the Parliaments protection were not a refuge unto them they must utterly perish with all that depend upon them and seise upon the persons of others that never opposed them and use them with more cruelty and inhumanity then they do their beasts meerly to make a bragging shew of a great victory by many prisoners and all against the Knowne Laws to which his Majesty hath given quickning by his personall Royall assent Secondly The Ordinance mentioned is by this lying tongue that cannot speak truth slandered as if it inforced the paiment of the twentith part when in truth it binds the Assessours not to ascend in their Assessment above the twentith part of any mans estate leaving them power to descend to a lesse proportion and no man that loves his Country will sticke upon so small a contribution for the maintenance of our Religion and Liberties against the hand of violence and foot of pride lift up by the Cavaleers to the destruction of them all Ob. Secondly He saith That least the Parliament should not have the colour of Law sufficient to blind the world they have lately made an Ordinance for the Inhabitantes of Northampton Rutland Derby c. to pay and to be assessed by Assessours named in their Act in imitation of the Statute lately made for the 400000lb. and this as is probable shall be extended to the whole Kingdome Sol. We conceive it very fit just and legall that all should contribute to the saving of all It is necessary the power and priviledges of Parliament be maintained or else farewell Religion Liberty property and all and we shall fall into the like misery as the Subjects of France have ever been sithence their Kings over-powred their Parliaments and destroyed them which Fortescue in the 35. Chapter of his booke of our Laws sets forth And the Parliament for the preservation of the Kingdome may doe and have done greater matters then this as our Histories plainly shew and if any be so impious as not to be willing to save their country it is fit they should be enforced unto it Ob. Thirdly He saith The Parliament hath yet a shorter and asurer way where they understand there is any mony plate or goods to be had they send a party of Horse or other strength to fetch it as out of an Enemies Country because the owners are good Subjects to the King or they suspect them to be so and that alone is crime sufficient to apprehend them or judge them or take execution upon them and all this without the Ceremony of Law by their absolute and omnipotent power which cannot erre Sol. If this lyar had instanced in any particular it would have appeared that such as have been so used have been so farre off from being good Subjects as they have bin manifest Traitors to their country and fomenters of the present unnaturall war and if any be found and judged to be so in the highest Court by that Court it may be legally done without other Ceremonies of Law necessary in inferiour Courts And this power is and ever hath been in the Parliament when the thing is necessary for the publike Defence and safety of the Kingdome and so judged by them whose Representatives and trustees they are in case where the King is seduced by wicked councels to endeavour the destruction of the Parliament which hath bin the designe of such Counsellours ever since the King came to the Crowne as clearely appears to every judicious observer of the times and proceedings at Court. Others of inferiour power have done it as we see in Heburnes case before and judged lawfull but that the Parliament cannot erre was never challenged and is here maliciously and wickedly added to render the Parliament odious which is the main scope of this Libeller and for their Omnipotency though it hath been a Proverbe among the learned of our Lawes that Parliamentum omnia potest yet the Parliament hath never challenged any power but for the publike good of the Kingdome Ob. Fourthly He saith The House of Commons discharges Apprentices and Servants from their Masters service without the consent of their Masters and Dames and either perswades or compels them to serve in their Army against the King Sol. First It is false that the Parliament hath compelled any to serve them in their Army Secondly It is false that the House of Commons alone have done this as appeares by the Ordinance 7º November 1642. And what the Parliament hath perswaded in this is very just the publike Relation of Apprentices to the safety of the Kingdom being more to be respected then their private Relation to their Masters and Dames who partake in the publike benefit of the service in the wane which tends to the saving of them and all they have among the rest interessed with them in the publike safetie Ob. Fiftly He saith That the Parliament hath imprisoned some for Petitioning and some for intending to
House of Commons have had their elections questioned and in two years space have had no leisure to determine them if they incline to the positions they lay down least they should loose such from their party Sol. If this Libeller had instanced in particulars an answer might be particularly given thereunto and he convinced of his forged accusation but to a generall charge we can say thus much in generall That all questions concerning election that have been brought to the House from the Committee of Elections have bin presently upon the Report thereof determined But if the Committee hath not had leisure to sit or opportunity to report because of the great obstructions that have been by the enemies of the publike good cast in the way of the Parliaments proceedings and the House of Commons enforced to spend all their time to resist and to endeavour to remoove the same it is not the fault of the Parliament but the fault of these men of Beliall that are risen up against the Parliament and Kingdom Ob. Sixtly He saith That when a matter of Importance hath beene in debate and put to the question and thereupon determined the same question hath been again resumed at another time better prepared for the purpose and determined quite contrary Sol. First That any such question hath bin received after determination that hath not come into the House upon some new occasion inforcing it we doe not beleeve to be true but that a great Councell upon debate determines one time one way and upon better preparation and second thoughts when it is by some emergent occasion brought againe into debate conclude another way and quite contrary is no newes it being both the priviledge and property of wise men to change their opinions upon better further and more mature deliberation and consideration being better prepared for it then they could be at first when it was suddenly and unexpectedly moved debated and determined Seventhly he quarrells at the Statute by which this Parliament is fixed so as it cannot be dissolved without common consent of the King and both Houses which in truth is a Statute onely declaratory of the Common Law of this Kingdome and no Parliament neither can or ought to be dissolved till they have redressed all the grievances of the Kingdome This wretch in this discovers a heart full of poyson against the publike good that like the raging Sea casteth out nothing but mire and dirt and foming out his own shame A Law made by the Supreame power of this Kingdome the Three Estates cannot escape the virulent tongue of this Rabshekah If this Law may be spoken against or questioned all others may And whereas the King in almost all his Declarations protests he likes well of and will observe and maintaine all the Laws made this Parliament this Villaine forbeares not to say he was over-reached in it Lastly he reckons up the miseries of a Civill War and saith that the Parliament is the cause of it when all men that have observed the History and Acts of these times knowes well at whose doores that sin and mischiefellies and whom it calls Father And he desires amendment of what is amisse without plucking up the foundation of government intended to be pluckt up except he meane the government by that Officer whom we call Bishop which never appeared in holy Scriptures but in the person of Diotrephes which the Parliament desires to remove that the same may be changed into the government of the Church by Presbiters the Officers and Bishops which the Scriptures approve of and give the government of the Church unto we know not what he meanes by foundation of government and we as we conceive all good men also doe doe for our parts desire to have a Church government according to the will of God expressed in his word and not according to the patterne of his professed Arch Enemy expressed in the Popish Hierarchy And we are confident that the Parliament had long before this by their judgement and wisdome provided for and setled our Religion according to God which is the true and indeed onely honour of Religion and the greatest satisfaction to our consciences if they might have had their wills and if it were obtained would procure mercy from Heaven that the Sword should be sheathed and devoure no more flesh and our Lives Estates and Liberties be preserved which are onely secured by our walking according to the Rule the only way in which the Angells will attend us and all happinsse flow upon us and our Posterity for ever And as for burying of by-past Actions in an act of Oblivion we are confident the Parliament neither needs nor desires it for themselves nor their friends being conscious of nothing done by them for which they have cause to feare the hand of Justice and if the honourable peace which they now so sincerely seeke and desire shall not be obtained we protest to all the world that with the utmost hazard of our lives and fortunes and of all we can call ours we will endeavour to vindicate them and our selves from the barbarous inhumane and more then Turkish and Heathenish Tyrannies of the Evill Counsellours about the King which seduce him and their Cavaleres and we doubt not but our God in whom we trust who hath wrought great salvations and done great things for us since the beginning of this unhappy War will be our guide and our strength and fight our battells and goe before us as a devouring fire to consume the enemies of our Peace and his Glory and perfect the worke of Reformation so happily begun and wonderfully carried on hitherto in spight of all opposition and in the sight of them that hate him Amen FINIS
be setled for Law by Act of Parliament the Houses of Parliament must necessarily be Judges thereof and that the King is excluded without whose Royall assent the Act cannot be of force is as senslesse an Assertion as it is groundlesse and so is his Suggestion that this may be a perpetuall Convocation when the Divines are to consult of a few speciall matters only and report their Conclusions and reasons to the Parliament and then to end which cannot be a worke of many weeks or months at most Ob. Sixtly He saith That under the colour of freedom of preaching seditious Sermons are preached daily in the hearing of many of the House of Commons who traduce the Kings sacred Person slander his Governement and in expresse tearmes in courage the maintaining and continuing of this unnaturall and unchristian warre and yet none are punished for it Which makes him feare that this is and long hath beene made by some to be the principall engine to kindle this fire of hell to the just scandall of all good men and slander of our Religion this Doctrine comming so neare to that of the Jesuites Sol. If there were any truth in this charge and this man were guided by any good spirit he would rather turne Informer against such Preachers and hearers in a right way by complaining of it to the Parliament or either House as well yea rather then insert it in this Libell and in such a generall manner without certainty or particularity and we believe the Sermons thus clamoured against are printed for most if not all preached before the House of Commons or in the Church where many of them usually heare are published and of these we can judge and must conclude that this report of them is a loud lie like the rest of this fellows scandalls Indeed we know that many wicked Priests Malignant against the Parliament and the good and safety of the Kingdome have preached sundry seditious Sermons tending to the maintenance and continuance of this unnaturall and unchristian civill-warre against the Parliament and excepting such and others of the like spirit as this Libeller is we are confident there is no man especially if he love the King and Parliament but desires there may be an honourable end and buriall of these contentions Ob. 7 Divers worthy and painfull Preachers have been committed to prison by the House of Commons for delivering their consciences freely and religiously and preaching obedience to their Soveraigne These things tend mainly against the maintenance and propagating of the true Protestant Religion Sol. If this man had informed himselfe of the causes for which Preachers have beene committed by the House of Commons by the Articles exhibited and proved there against them he could not be so wicked as we conceive as to publish so notorious a lie as this is For we find upon search that the Ministers by them committed have publickly preached to stirre-up the Subjects to sedition to take up Armes against the Parliament and Kingdome and to corrupt the King and us with the leaven of false flattering Doctrine of absolute Power in the King to doe what he list with us our estates and lives to pusse-up the King above what is meet and to draw us into a willing and conscientious slavery Doctrines destructive to the Kingdome and contrary to the constitution thereof and our Lawes and contrary to Gods command given us to stand fast in the liberty wherof he hath made us free Gal. 5.1 And considering the endeavours of the House of Commons to remove the Papists Bishops and scandalous Ministers and other rubbish that hindred the prapogating of the true Protestant Religion and to plant faithfull orthodox painfull labourers in this Church which is so notorious to us all Malice it selfe cannot deny but that their waies tend unto the maintenance and propagating of our Religion Ob. Secondly touching the maintaining the Lawes hee charges the House of Commons with these particulars First That they assume to themselves power by a bare Vote without Act of Parliament to expound or alter a Knowne Law where that House formerly assumed no such power but in order towards the making of a new Law nor did the House of Peeres challenge any such thing but they having the power of judicatory as Iudges have proceeded according to the Rules of the Knowne Lawes and upon their Honours are answerable for the Iustice of their Iudgements as other Courtes are upon their Oathes Sol. It is plaine that this fellow erres through grosse ignorance of the proceedings of Parliament and of all the Records thereof in which there is nothing more frequent and familiar in all Ages then to find the House of Commons declaring the Law and complaining that the King hath done things against the Law First Judging and determining by Votes and then claiming the Lawes and the Rights of the people and of their House and the Lords in like manner and that in generall as well as particular cases and not to leade the Reader at this time higher This appeares in the Petition of Right wherein the Commons first declare and expound the Lawes concerning these Rights therein claimed and usurped upon by the King 2. The Lords joyn with them in that Declaration And lastly the King gives his Assent to this Declaration before and without which these things were Law the Statute being declaratory of former not introductive of new Law And the Kings Assent was had only to stop the mouthes of cavilling Court and Innes of Court Sycophants and Flatterers the Moth of Kings and Kingdomes against those Laws and the rest of this charge is a grosse lie and groundles imputation Ob. 2 He saith That the Parliament makes their owne Orders and Ordinances to be as Law and compell them to be observed and with a stricter hand which may bind their Members but not have the force of Laws till by the Kings Assent they be confirmed Sol. Besides the two causes here admitted that they may make binding Orders First in order to making of new Laws Secondly To bind their owne Members it is most evident that the Orders and Ordinances of Parliament are binding and are to be obeyed First where they are in pursuance of the Lawes in being for to them principally belongs the care of preserving the Lawes and of inforcing obedience unto them and of giving strength and vigour unto them by the King and his ordinary Judges and ministers of Justice neglected or abused Such was the late Order of the House of Commons for the pulling downe of Crucisixes and Popish Images according to 3o. and 4o. Edw. 6 ti Cap. 10. revived 1o. Iac. Cap. 2. And against Innovations in Religion imposed upon the Subject against Law as bowing at the Name of Iesus which is idolizing a Name against the Law of God and without any Law of man and they deceive their own souls and endeavour to deceive others that pretend they doe it to worship the Person of Iesus for
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
would it not rather argue a sordid distemper unbecomming the meanest Subject and be a blot and reproach to him in all ages If this be so in case of an Inferiour Court how can it be an honour to the King to be found in an Army that resists the Processe of the Highest Court and Force raised by it to subdue and bring to Justice the Delinquents against the same and against the Kingdom which that Highest Court represents Ob. Fourthly he saith That as if the Parliament hath shaken off all subjection and they become a State independent they have treated by their agents with Forraigne States Such an usurpation upon Soveraignty was never yet attempted in this Kingdome Sol. We conceive that if the King desert his Parliament his Parliament without him may doe any thing yea every thing conducing to the good and safety of the Kingdome and Parliaments have done greater matters then this in such case as any versed in the Histories and Records of this Kingdome well knowes None so bould in asserting lyes as this fellow certainely upon a Machivilian confidence that men will beleeve rather then examine his falshoods besides his partiality is manifest That he mentions not the Kings usurpation upon the Soveraigne power of the Three Estates from which his power is derived and to which it is subordinate and the immediate issues thereof our Lawes even from the beginning of his Reigne hitherto being seduced and misguided thereunto by wicked Councells in good part set forth in the Parliaments Declaration of the State of this Kingdome the mischiefes and miseries whereof we have abundantly felt Ob. Fiftly he saith The House of Commons command their Orders and Ordinances and Declarations to be printed and published with priviledge but if any thing come from the King which may truly inform and disabuse the people they forbid it to be published and commit them to prison that doe it Sol. The House of Commons in such Commands doe nothing but what is just and fit being their own Declarations and Acts and for the things that come from the King we find they come to abuse the people witnesse the Mercurius Aulicus The Relation of Keinton Battell Mr. Secretary Nicholas his Letters to Forraigne States stuft with the grossest and most apparent lyes that ever were heard As that Colonell Hastings came to Lichfield and drave thence the Parliaments Forces and rescued the Earle of Chesterfield when the Parliaments Forces yet possesse the Towne and the Earle is the Parliaments prisoner And that the Lord Brooke was Armed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 throughout with Armour of proofe when hee was slaine by a shot in the eye and upon examination of those that were present with him at his death it appeares that he had no Armour on at all but his Head-peece That M. Marshall the Divine was madde and cried out he was damned and M. Case administring the Sacrament invited such only as had contributed to the Parliament and such dung-hill stuffe savouring of the spirit of him that was a lyer from the beginning by their fruits you may know them I forbeare to instance in many others as groundlesse as these And who doe truly informe and disabuse the people these men that publish these things for the King and under his Name and in abuse thereof or the Parliament which hath set forth nothing but what upon full examination is discovered let the World judge And we are confident the Parliament hath not imprisoned any for printing any thing but what was dishonourable to his Majesty and false and scandalous to the Highest Court and that is Legall reasonable and necessary Ob. Sixtly he saith That the Moneyes advanced by gift or adventure or Act of Parliament and Souldiers pressed for Ireland to reduce the Rebells there the Parliament hath diverted to maintaine an unnaturall Warre in England so they doe visibly lose the Kingdome of Ireland that they may be the better inabled to lose the Kingdome of England also Sol. The War in our Kingdome we conceive is unnaturall in the offending party that first raised Armes and not in the party defending or Parliament to defend against unjust violence as the Parliament doth is naturall to pursue and endeavour by force to bring Delinquents to Justice that resist the Processe of the Courts of Justice as the Parliament doth is naturall and just by all Laws of God nature Nations and our Municipall Laws and the maintenance of War is of like nature as the War is And if any person or thing designed for Ireland hath been taken and used by the Parliament it hath been for a time only and that also inforced by this unnaturall War to save England without which Ireland cannot stand and is repaid and returned to the use of Ireland againe with great advantage as by the accouts thereof cleerely appeares And who loses Ireland The Parliament which continually sends them all the aide and help they can or can procure or the Evill Councellours about the King that seduce him to take away the Horses and other things prepared for the Traine of Artillery sent thitherward by the Parliament and divers loades of Cloathes and suites of Apparrell bought by the Parliament and sent unto the Souldiers there for which no colour of satisfaction hath been given to poore Ireland to this day And who also withheld the King from giving his Royall assent to the Bill of Tonnage and Poundage thereby as much as in them lyes to hinder all defence of Ireland and by consequence laying open all wayes of supplying the Rebells there with all necessaries for the War and for their support from Forraigne parts And who also put the King upon this unnaturall War whereby England is spoiled and destroyed and the Parliament disabled to raise meanes to preserve and defend that Kingdome Who have drawne over the Commanders imployed by the Parliament against the Rebells of Ireland to foment this unnaturall War and to devoure us and lay wast this goodly Kingdome as Captaine Boteler and 14 other with him lately and others at other times formerly Ob. Seventhly he saith That the House of Commons have shewed themselves averse from peace that they have Voted there shall be no Câ—ssation of Armes least by a free Treaty a peace might ensue Sol. Our Bretheren of Scotland did treat for peace without such Cessation and with good successe And though the House of Commons did once Vote there should be no Cessation of Armes otherwise then in order to a disbanding in their wisedomes fore-seeing that it would be abused and prove full of snares to the Common-wealth as it hath since proved yet through our importunity they were induced to give way to a Cessation of Armes in order to the Treaty also And now we find by experience the Resolution which when they were their own and not drawn aside by our importunity and by a desire to hold a concurrence with the Lords they tooke up was grounded upon wisedome and cleerely the best