they themselvss do require to be regulated by further Lawes No Nation can be free without a three-fold priviledge The first is in the framing and passing of Lawes The second is in declaring and interpreting Lawes And the third is in executing and preserving Lawes in force Where the King is sole Law-maker all things are subject to his meer discretion and a greater bondage then this never was nor can be the English lie not under such base servitude their King claimes but a part in the Legâ—slative power and yet neverthelesse of late by discontinuing of Writs for the summoning of Parliaments and by the right of a Negative voyce in Parliaments and an untimely dissolving of Parliaments the peoples interest in this Legislative power has been much abridged and suspended In the like manner also if the sole power of declaring Lawes were so in the King as that he might himselfe give Judgement or create Judges at his pleasure without imposing Oathes of trust on them in behalfe of the people or should deny redresses upon Appeales from them our Legislative power would be vaine and uneffectuall to us For my part I hold it an equall thing whither just men make Lawes and unjust interpret them or unjust men make Lawes and just interpret them When it was just in the King of late to impose what taxes hee pleased and as often as he pleased upon us for the preparing of Armadoes all over England Our Nation was fallen into a most desperate thraldome yet the fault was not then in the Lawes but in the Judges and such as had a power over the Judges Lawes as they are deafe and by a strict inflexibility more righteous then living Judges so they are dumb also and by their want of Language more imperfect then the brests of men And indeed since the Lawes of God and Nature though knowne to all yet do not utter to all the same sense but remaine in many plaine points strangely controverted as to their intent and meaning how can we hope that any humane Lawes should satisfie all mens understanding in abstruse points without some living Key to open them the vast Pandects and digests of the Law sufficiently testifie that in the clearest Law which mankind could ever yet discover there are dark and endlesse Labyrinths wherein the weaker sort of lay men are presently lost the learnedst advocates are tediously perplext In the last place also if the sole power of inforcing and executing Lawes were so vested in the King as that he might use it to the cessation or perversion of all justice and the people were in such case remedilesse the interest in making and declaring of Law were invalid and frustrate in the people and the King might still inslave or destroy them at his pleasure The Replicant sayes That under a Monarchy much must be trusted to the King or else it will be debased into Democracie T is confessed much must but all must not be trusted the question then is how farre this much extends in a Monarchy of such a mixt nature as ours is in such times as ours now are In absolute Monarchies all is trusted to the King in absolute Democracies all is vested in the people in a mixt Monarchy more is trusted to the King then is reserved to the people and in a mixt Democracie more is reserved to the people then is derived to the Prince In all formes of Government the people passes by way of trust all that power which it retaines not and the difference of formes is only in degree and the degrees are almost as various as the severall states of the world are nay the same state admits of often changes many times sometimes the people gaines and sometimes looses sometimes to its prejudice sometimes not and sometimes injuriously sometimes not but the degrees of ordinary power consist in the making declaring and inforcing Law except when forraigne warre is and then it is expedient that a greater and more extraordinary trust be reposed in one and this we see in Holland the most exact Republicke and in England the most exact Monarchy in the world But it is a leud conceit of our Royalists now-adayes to attribute to our King an absolute power over the Militia of this Land at all times alike not distinguishing between Civill warres wherein he may be a party and suspected and between a forraigne warre where he is neither a party nor suspected for if our Kings will plead such a trust to our disadvantage 't is just that they produce some proofe for it and relye not upon meere Common use 't is true in case of Forraigne invasion 't is expedient that the King be farre trusted and yet even so if the King should conspire with forraigne forces or neglect to protect us against them contrary to the intent of his trust we might resume the common native Posse or Militia of the Land for our owne defence without his consent And much more reasonable is it in time of Peace or Civill warre if the King will deny his influences or withdraw his presence to obstruct Law or will by his Negative voyce or by force seeke to disable his highest Courts and Councels and reduce all to arbitrary government more reasonable is it that the people secure to themselves the Law their chiefest portion and best patrimony For as the King cannot by Law deny to the people their undoubted interest in passing of Lawes so neither can he defeat the same interest or destroy the benefit thereof by misinterpretations or by mis-executions of the same Lawes No Nation can injoy any freedome but by the right and share which it has in the Lawes and if that right and share doe not extend to the preservation of Lawes in their true vigour and meaning as well as to the Creation of them 't is emptie and defeasible at the Kings meere pleasure Much is to be trusted to the King true but all is not we see â—rusted some power we see is of Necessity to be reserved in free Nations such as the King allowes us to be and there is a difference also in the word Trust for there is an arbitrary and there is a necessary Trust and the one may be resumed the other not upon meere pleasure Without all question the wiser and juster Princes are esteemed the more the people ever trust them but this makes no difference in the Legall and fundamentall Trust of the Kingdome nor can infirme credulous and easie Princes pretend alwayes to the same degree of power as their Ancestors have held unlesse they can prescribe to their vertues also Queene Elizabeth might with safety and expedience be trusted further then King Iames even in those things where the Law did not trust her but this is the misery of subjects all goes from them but nothing must returne The Court of a Prince is like the Lions den in the Fable all the beasts leave prints and steps advorsum but none retrorsum But the
discovery to me as well what the papist as what the Delinquentis And this age must prove monstrously unnaturall in producing a wonder never heard of in all former ages â—f Iustice doe now rest on the Kings â—ide For surely no King ever till now having a iust cause was opposed therein by the maior and better part of his subiects much lesse was it ever seene or heard of that any King in a iust cause was deserted by the maiority of his Orthodox subiects and supported by the unanimous aid of such as hated his true protested Religion God send the King to lay these things seriously and pensively to heart for since none of his wise and worthy Ancestors ever yet had cause to wage war either with the Collective or Representative Body of the People so none at all ever in any warre â—ided with a false Religion or against the true till this unhappy day in the King Charles is the first and I hope will be the last and therefore this is worthy to make a sad impression upon his soule But our Replicant will tell us That the Kings Iustice may yet govern and awe both parties by the same Law whatsoever their antipathy be The King has Law and power by the Law to protect the better partie and to provide for the peace of both parties But notwithstanding that Law and that power the poore British Protestants in Ireland have beene left unprotected and lamentably exposed to a generall Assassination And had they not beene betrayed by their vaine confidence in the Law and in the Kings protection they perhaps might have found other meanes to defend themselves therefore it is no refuge or comfort to them now to hear the name of Law proclaimed reiterated when as things hapned there it has been the very shelfe and rock whereon the Protestants have been miserably bulyed and wricked â—hen pardon pray if the same name of Iustice also sound but harshly at this time in our eares when papists which have destroyed our religion in Ireland are raysed to preserve it in England and protestants which were sending succours and supplyes into Ireland are in the instant invaded here in England for the better suppression of Popery both here and in Ireland T is a strange kinde of assurance or â—oy to us to see the names of Religion Liberty and parliamentary priviledge stamped upon our coyne or interwoven in our Standard when at the same time we see the same Coyne imprested for the entertainment of a Popish Army and the same standard marching against the representative body of our Nation and the supreame Court of Iustice in our State Nay and the strange time that is taken for the righting of Religion Law and Liberty amongst us mâ—kes our assurance and joy the lesse triumphant for we plainely see that as the season now is no one Protestant falls here by the Kings sword but by the same stroak three Protestants at least are cut off in Ireland And lastly the manner of rightting Religion Law and Liberty is most strange of all for open warre is not now sufficiently destructive though it be spread all over the face of the Kingdom subterranean plots are brooded further in the dark and by privie intellâ—gence the whole City of London is to be engaged in a tragicall conspiracy to murder it selfe in one night What the benefit therefore is of Law and Power and Iustice for the disabling of Papist and Delinquents and for the safe guarding of loyall Protestants we all know But when papists and delinquents finde countenance and the true religion is abandoned and leâ—t obnoxious to mischiefe by the perversion of Law Power and Iustice the names alone will not availe us but our Replicant further saith Subjects must not give Lawes to Princes courtesies In matters of a private nature Princes are absolute but not so in publike affaires where the publike safety or liberty is touched In their own pallaces Princes may dispose of Offices but in the State if they make Patents prejudiciall to their revenues to their prerogatives or to the peoples interest the Iudges shall pronounce them deceived in their grants and make the deeds void and null in Law Princes cannot alien any parcells of their Crownes Hull may not bee transferred to the King of Denmark nor Portsmouth to France nor Falmouth to Spaine for Kings have no sole propriety in such things and the same reason is in the super intending Offices of Royalty iâ— sâ—lfe they are not transferible at pleasure Some Princes to use the words of Tacitus are so infirme and credulous that they remaine jussiâ— alienis obnoxii and non modo Imperii sâ—d libertatis etiam indigent they are so enslaved sometimes to their basest flatterers that their very Dâ—adems are as it were aliend and made prostitute to seducers and these their flatterers and seducers in the â—xpressions of the same Tacitus Minoee metu majore praemio peccant The unhappy Protestants in Ireland were of late undone by the vastâ— power which was put into the hands of the Earl of Straffâ—rd and all the Ecclesiasticall if not Civill disturbances and distraction which have of late infested these three Kingdomâ— were in great part â—aâ—sed by excesse of power over the Church delegated to the Archbishop of Canterbury Without doubt when the foundation of Popery was first to be laid it did not prosper and advance so much in sixscore yeers under the first Popes as it did in six yeeres here under Canterbury And Nerâ— himselfe in his first three yeeres did not attaine to so much insolence and tyranny as Strafford did in one yeare The Kings freedom therefore in favours will â—ever justifie the preferring of such men to an unquestionable comâ—â—nd nor the subjecting the lives liberties and soules of so many millions of Religious Protestants to their corrupted disaffected wills Neverthelesse for ought I can see we have since but changed one Strafford for another and one Canterbury for another Only to stop our complaints This Replicant tell us That the courtesies of Princes are not to be questioned by subjects The Queen has now attained to a great heigth of power as formidable as she is to us in regard of her sex in regard of her Nation in regard of her disposition in regard of her family in regard of her Religion and lastly in regard of her ingagments in these present troubles some think shee has an absolute unlimitable power over the Kings sword and Scepter which if it bee so no end of our feares and calamities can be no propositions can profit us no Accommodation can secure us If the King himselfe were a Papist he would yet look upon us as his naturall subjects but when his regall power is secondarily in the hands of a Papist to that Papist we appeare but as meere hereticks without any other relation of subjects By secondary power also a stroak is given with mâ—re secresie and security so that there is the
wherein so many Papists are predominant That though the Parliament might submit yet a faire Accommodation it could not obtaine except the King would equally condescend thereunto That if the Petitioners had found out a more safe and honourable Accommodation then the Parliament had yet discovered for that was possible the Parliament would embrace it That if none such could be found out the affections and Judgements of the Parliament ought not to becensur'd or distrusted That it behooved the Petitioners to addresse themselves by the like petition to the King if no want of affection to peace were apparent in the Parliament as certainly none was In contradiction and opposition to all the severall poynts in this Aâ—alysis what the Replicant hath set forth wee shall now see in the same order 1. The great contrivers of our sad divisions which abuse the weake reason of the people to keepe up an unfortunate misunderstanding between King and Subject are not named by the Replicant but they are clearely pointed out to be the Chiefe Lords and Commons in Parliament for he saith Every new Vote of late hath been a new affliction and he makes Pennington and the Citty Lecturers to be but Iourney-men Rebels under them and even this Hellish slander he venteth under the name of the Petitioners whom he stiles the most considerable persons of the Citty and at the same time affirmeth that the people generally are of honest affections And the Answer to the Petition in which the words he saies are softer then oyle though the matter of it be poison of Aspes he attributes only to some Chiefe Engineers of mischiefe in the House though it carry in it the Authority of the whole House Here is a wonder beyond all wonders A few factious persons in Parliament over-awe the major better and wiser part in Parliament and by a few factious Instruments in Citty and Countrey abuse the major better and wiser part there also into the most miserable distempers and calamities that ever were and though the honest generality begin to grow wiser and are instructed by the sence of their miseries and by other advertisements from loyall Papists and Prelates and other pious Courtiers and souldiers to shake off their few Tormentors Nay and though the King himself has not onely publisht the most eloquent and subtill Declarations to disabuse the people that ever were himselfe being the most beloved and honoured Prince that ever was for his indulgence to Liberty and Religion but haâ—h also advanced a most puissant and victorious Army to releeve these undeceived wretches yet the incantation holds no humane force either of Armâ—s or Artâ— can dissolve it The miracles of Moses had an impression of divine vertue upon them and did therefore triumph overall the Egyptians spels buâ— in this case Mr Pym with I know not what infernall engines distorts and wrests all the Orbes of a Kingdome from their naturall motions and yet no divine Art can resist him 'T was never beleev'd before that any but God could work contrary to nature but now it must be beleeved But is it so apparent that the Parliament is averse from peace yet saies the Replicant For withdraw the fuell and the fire is soon extinguisht Let the Parliament not foment the ill humour by supplyes of men Armes and Ammunition and the wound will heale of it selfe In the petition nothing but an Accommodation safe and honourable was pretended but now we see a meere submission is intended in this replication T is not prooved That the Armes of the Parliament are unjust 't is not prooved that it may be safe for the Kingdome to prostrate and subject Parliamenâ—s to the discretion of that faction which now has bereav'd us of the Kings presence and favour yet because the Replicant will take upon him to condemne Parliaments we must also allow of his Judgement But ' its further say'd by the Replicant that even Accommodation it selfe is not pleasing in Parliament witnesse that spâ—ech of one I like not daubing and that of another I hatâ—â—â—â— name of Accommodation Hee which hates the name of an Accommodation as it has beeâ— used of late to signifie a totall submission may love a true Accommodation in it selfe and he that likes not the daubing of those which under the colour of Accommodation ayme at nothing but division and dissention amongst the people may more heartily affect a safe and honourable agreement then the Replicant himselfe Can the Parliament expresse zeale to peace better then by contracting all its rights and priviledges into one compendious proposition for the setling of union To purchase true peace the Parliament desires nothing but to retain the meere being of a Parliament that is to be the supreme Court of King and Kingdome And if it can stand with the essence of such a Court to be arraign'd tryed and sentenced by a faction of Papists Prelates Delinquents and Souldiers the Parliament will submit to that Condition also 2. When we expresse our feares of the Kings party and therefore deny submission thereunto as dangerous and dishonourable the Replicant tels us further we are required not to submit to our fellow subiects but to the King only and he tels us further that the Lawes are the best security and those we shall enioy and to claime any higher securitie is to assume the power of Kings How farre the Lawes of the Land have been sufficient to preserve to Parliaments and the beâ—ter part of loyall Protestant subjects their rightfull portion and interest in the Kings favour for these 17. yeares last past is knowne to all The Lawes of Scotland could not secure the better and greater part there The Lawes of Ireland have not saved the Brittaines and Protestants from Massacres there and yet certainly both those Kingdomes are intitled to Lawes of as ample benefit and vigour as ours now is But what speake we of Common Lawes when even at this instant such a free subjects house is burnt and plundered by the Kings party in derision and despight of the Kings owne Proclamation and particular Placard granted for the safegard of himselfe and his family As our Judges preyed upon us heretofore in matters of State and Divines oppressed us in matters of Religion so our Martialists now have a power of spoyling above the generall Law or any particular protection If the King thinke fit to grant safety to such a person or such a Towne it must be provided alwayes that such a Dutch or Scotch Commander who conceives himselfe more skilfull in war then the King give his approbation withall for my part I conceive it more honourable for the King to say that he cannot then that he would not save his people from all those cursed indignities and cruelties which have been multiplyed upon us during this warre and before by his adherents As for Lawes therefore we must take notice that they may be imployed either to the benefit or prejudice of any Nation and that
Replicant further assures us That t is very easie to assigne the bounds of these severall trusts for the Lawes and Customes of the Land determine both nor will his Maiestie he saies require any new trust to himselfe or deny any old trust to us Our great Dâ—vines were to bee admiâ—ed for their profound knowledge in the mysteries of Law were they not Courtiers but now the King is presum'd to comprehend omnia jura in scrinio Pectoris and so they by their residence at Court discerne all the secrets of Law and State in speculo Imperii just as our heavenly Saints doe read all things else in speculo Trinitatis Our gravest Sages of the Law are much divided in points of lesse moment and intricacie and as for the precise metes and bounds where Soveraignty and Liberty are sever'd and the direct degrees of publike trust in all cases and at all times they looke upon them as grand difficulties scarce fit to be debated but in the sacred Court of Parliament and yet Clergie-men think them but the first rudiments of all knowledge obvious to very A. B. C-Darians C-Darians They alwayes boast of the knowne Lawes of the Kingdome in all disputes they referre us to the knowne Lawes and Customes of the Land as if Judges were things utterly needlesse and the study of Law meerely superfluous The Treshaâ—lt Court of Parliament of whose determination our learnedst Judges will not thinke dishonourably cannot pierce into these known obvious Lawes and yet every Sophister can the Fountaines of Justice are now exhausted and yet the Cisternes remaine full But saies the Replicant If you seeke further security then the knowne Lawes the people will see that under the name of free subiects you take upon you the power of Kings Sir we desire to have our Lawes themselves secured to us which you may turne like our owne Canons against our selves if righteous and prudent Iudges be not granted us and all over-awing violence so prevented as that the fruit of their Iudgements be clearely and intirely conveyed to us And such securance is not incompatible with Monarchy for it is no more impeachment to Monarchy that the people should injoy thâ—n make lawes that they should be sharers in the power of declaring and executing then in the power of passing framing lawes but it is on the contrary an evident impeachment to liberty if an equality of these three Priviledges be not at least shared with the people 3. As for the diametricall opposition in Religion and State betwixt us and our irreconciliable enemies of the Kings party The Replicant maintaines divers things and of the Papists and Delinquents he sayes That we have nothing against them but State Calumnies That the same justice may governe both if wee will submit to Law He beseeches us to tell what Religion we would have if that which the Martyrs sealed with their blood our Adversaries practise it and desire severe punishment upon all such as transgresse it he imputes to us a new Creed he sayes the King is to look upon friends or enemies in a Law notion only that Subjects must not give Lawes to Princes courtesies That our enemies if they be Traytors are to be tried at the Kings Bench the house of Commons having no right of Judicature The major part of our enemies are certainly either Papists or else such as are either over-awed or outwitted by Papists T is true some part of our enemies knowes the truth of the Protestant Religion and the desperate antipathy of Papistry yet having in them the true power of no Religion but serving Mammon only for their worldly interests sake with which severity of Parliaments will not square they adhere to Papists little regarding what Religion stands or what falls Another part out of meere ignorance is carried away with the name King and the Professions of the King not at all looking into reason of State nor being able to judge of the same but the last sort of men are not so considerable either for their number or power or malice and therefore I shall not insist upon them The maine Engineers in this Civill Warre are Papists the most poysonous serpentine Iesuited Papists of the world All the Papists in Europe either pray for the prosperity of this designe or have contributed some other influence and assistance to it This warre was not the production of these two last yeares nor was England alone the field wherein the Dragons teeth were sowd Scotland was first attempted but the Protestant party there was too strong for the Papists and such of the English as joyned with them The conspiracies next broke out in Ireland where the Popish party being too strong for the Protestants the Tragedy has been beseeming Papists it has proved beyond all paralell bloody and if shipping were not wanting they might spare some aids for their fellow Conspirators here in England England is now in its agony bleeding and sweating under the sad conflict of two parties equally almost poized in force and courage The Papists themselves in England amount not to the twentieth arithmeticall part of Protestants and yet one papist in geometricall proportion may stand against twenty Protestants considering the papists with together with their adherents and considering also what they are that act over them and who they are that act under them What power the Romish Vice-god has in the Queen is known what power the Queen has in the King and what power the King and Queen have in the prelaticall Clergy and the Clergy in them reciprocally and what power the King Queen and Clergy have on a great number of irreligious or luke-warm protestants now made Delinquents and so further engaged as also upon all papists how all these have interests divided intwined how restlesly active they al are in pursuing their interests is not unkown Besides Ireland is a weakness Scotland is no strength to us all popish countries France Spain c. are likely to annoy us and the protestants in Denmark Holland c. have not power to restrain their Princes from combining further against us In this deplorable condition we have no friends to complain to and yet this Replicant tels us we have no enemies to complain of our very condoling against papists and delinquents he tearms State calumnies and slanders that have lost their credit by time and are confuted by experience O thou black mouth more black then thy coat hast thou no more remorse for all that pretestant blood which delinquents have enabled papists to shed in Ireland and for all that protestant blood which armies of papists and delinquents are now ready to shed in England if all this blood finde no pity in thee yet is it an offence to thee that it extorts teares and lamentations from us O thou unbowelled sanguinary wretch if God be the God of protestants he will judge these cruelties of papists and their abettors and if he be the God of papists
lesse feare in the party striking to break and retard its violence It issues like a bullet whose line is not direct but with some elevation in the ayre or with some windings in the barrell of the gun whereby it doth more execution at a further distance Therefore our Kings many and dreadfull Oaths and Vowes of sincerity in the Protestant Religion are not satisfying if in the mean time any of his Kingly prerogative bee shared with such as are not sincere in the Protestant Religion it were farre safer for us that hee would sweare for his party then for himselfe But our Replicant will never have done with the Law hee still tells us That every man is to bee tryde by his Peeres the Lords in the Lords House and the Commons at the Kings Bench and though the House of Commons have no right of Iudicature yet there is another tryall for Treasons and our mâ—â—â—e pâ—int in difference at this time is concerning Treason The Parliament is nothing else but the whole Nation of England by its owne free choice and by vertue of representation united in a more narrow roome and better regulated and qualified for consultation then the collective body without this art and order could be The Lords and Commons make but one entire Court and this Court is vertually the whole Nation and we may truly say of it that by its consent Royalty it selfe was first founded and for its ends Royalty it selfe was so qualified and tempered as it is and from its supreame reason the nature of that qualification and temperature ought only to be still learnd and the determination thereof sought For who can better expound what Kings and lawes are and for what end they were both created then that unquestionable power which for its own advantage meerly gave creation to them both If Kings and nationall lawes had any humane beginning if they be {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} as the Scripture sayes they are they had not their being from themselves and from nations collectively taken they could not have their being for nations so are not congregable nor consultable nor redeemable from confusion pardon the hardnesse of words and therefore it must follow that both Kings and laws were first formed and created by such bodyes of men as our Parliaments now are that is such Councells as had in them the force of whole Nations by consent and deputation and the Maiesty of whole Nations by right and representation The enemies of Parliaments seeing this not to be gain-said and seeing that it must needs follow that that cause which first gave the being and prescribed the end of that being must needs have most right and skill to limit and direct the manner of that being they seek to divide the coactive from the representative body of the people they seek to divide between the two houses of Parliament and these seek to divide between the head and the body of the Parliament They perswade the multitude that they have entrusted the Parliament only with their purses to give away subsidies and replenish the Kings coffers but not to settle their rights and franchises and to make knowne the bounds of Prerogative and restraine the unnaturall encroachments or erruptions of the same If the community have beene agrieved to complaine or almost accuse is a sufficient priviledge of the house of Commons and this but to avoid further repining shall not be granted them T is pity that our Doctors doe not study the Law further for with a little more industry they might perhaps finde out that every private man as well as the house of Commons or the whole Community out of Parliament as well as our Knights and Burgesses in it may give the King money and if occasion be preferre an accusation against such a â—yrrannicall Lord or favourite well if such Rabbies and expounders can satisfie any of the unworthy vulgar and some Gentlemen and Lords who have spirits below the Yeomanry of England for such I have seene too many since 3. Novemb 1640 they shall be no further disabus'd by me In the next place They attempt to work a disunion between the Houses the Lords shall have a power of Judicature â—ver their Members so they will exclude the Commons from any part therin and upon condition that they will so farre disclaime them as to leavâ— them obnoxious for tryalls at the Kings bench This sitting of the Lords and Commons in severall Houses does not prove them severall Courts nor does the observance of particular Priviledges in either House and not laying all things common between both prove any independance of either doubtlesse they are like the twines of Hippocrates they both must live and die together In former ages judgement was so given upon the greatest Delinquents at that the Commons were parties in the judgement And sure whilst they were Judges over Lords themselves were not subjected to inferiour Courts the Lords then knew they could not indure any indignity to fall upon the Commons being but distinct parts of the same Court but it would reflect upon themselves and the Commons knew that the honour of the Lords was an addition to themselves whilst the Curiatii stand close together their three adverse Combatants are too weake for them but when they are divided by unwarinesse in the encounter they prove all three too weake for one of their enemies I will not make any comparisons or say whither the Lords or Commons deserted by the other suffer more I will only say that nothing but fatall want of policy can divide or diminish their mutuall love and correspondence In the last place division also is raised betwixt the King and Parliament there is a generation of men which seâ—ke not the good of King and Parliament nor could prosper if the King and Parliament were united as they ought to be These men because their suggestions cannot prevaile to alienate the Parliament from the King apply all their indevours to alienate the King from the Parliament their perpâ—tuall suggestion are That the greatnesse of Kings is eclipsed by Parliaments That there is in Lawes themselves a kind of enmity and something that is inconsistant with royalty That Kings are bound to seek nothing but themselves That Kings can seeke nothing in themselves so nobly as the satisfying of their wills especially when their wills are fixt upon things difficult and forbidden Neverthelesse there is nothing but falsety in all these suggestions For Princes are the Creatures and naturall productions of Parliaments and so are their Prerogatives as has been set forth and every rationall and naturall thing loveth its own off-spring and that love is rather ascending then descending it is liker the sap of the root then of the branch viz. The people are more inclinable to love Princes then Princes to love the People There is likewise a neare consanguinity and reflexive benevolence of aspects between Lawes and Princes they are both of the same descent and tend
to the same end and both are inviolable whilst they are assistant each to other the enemy of both has no hope to prevaile Si attribuat Rex legi quod lex attribuit â—i T is retrograde also to nature that Princes whom God has set to feed his people and not without the creation of the people should think themselves more valuable then that people or that they should confine their thoughts to themselves as Gods despising the universality when God has called particular subjects their brethren and forbidden them to lift up their hearts above any of them Lastly that Princes which have as other men sinfull affections and are subject more then other men to sinfull temptations and are accountable to God therefore in a higher degree then other men should think it inglorious to deny their own irregular wills and to submit to Lawes Parliaments and the Publike prayers and advice of their subjects 't is a thing scarce credible The most expert Navigator preferres the guidance of his Needle before his own conceit the most tried Engineer wholly relies upon the certainty of his rule All Artists how rare soever apply themselves to their Instruments absolutely renouncing their skill and experience in comparison of Mechanick directions Only Princes chuse rather to erre with their own fancies and fancy feeding flatterers then to go right with publick advice and no mischiefe which can happen to themselves and millions of others by their error seems so unkingly to be suffered as a retractation from error But our Replicant has more particular objections against Parliaments As â—irst That they have no cognizance of matters of State secondly That in matters of grace and pardon thâ—y have no power or right the King in those has an Arbitary sole authority Lawes ayme at Iustice Reason of state aimes at safety Law secures one subject from another Law protects subjects from insolence of Princes and Princes from sedition of Subjects so far as certaine rules may be given and written but reason of State goes bâ—yond all particular formes and pacts and looks rather to the being then well-being of a State and seeks to prevent mischiefe â—orraign as well as Domestick by emergent Counsels and unwritten resolutions Reason of State is something more sublime and imperiall then Law it may be rightly said that the Statesman begins where the Lawyer ceaseth for when warre has silenced Law as it often does Policy is to bee observed as the only true Law a kind of a dictatorian power is to be allowed to her whatsoeever has any right to defend it selfe in time of danger is to resort to policy in stead of Law and it is the same thing in the Replicant To deny to Parliaments recourse to reason of State in these miserable times of warre and danger as to deny them self-defence Many men especially Lawyers would fain have Law alone take place in all times but for my part I think it equally destructive to renounce reason of State and adhere to Law in times of great extremity as to renounce Law adhere to Policy in times of tranquillity Nothing has done us more harme of late then this opinion of adhering to Law only for our preservation the King and his party though they are too wise themselves to observe Law at all yet have wrought much upon the simpler sort of our side by objecting against us neglect of Law Certainly as our dangers now are it would bee good for us to adde more power to the Earle of Essex if he be thought the worthiest man of Trust amongst us as he has deserved no lesse estimation for till I see him lookâ— upon and served as a temporary Dictator and the bounds of his Commission to bee only this ne quid detrimenti capiat Respublica cavere I shall never think the Parliaments safety sufficiently provided for To frame any Arguments or reasons or to offer pâ—ooses that the Representative body of the Kingdome is a Counsell of State rather thâ—n a Court of Justice would shew me as foolish as the Replicant t is impossible any man should doubt of it that does think the being is to bee preserred before the well being or that whole Nations have any imterests either in their owne being or well being Let our Advâ—rsaâ—ies triumph in their owne conceits and when in the same case there is both matter of Law and State as in the case of Hull where the King had â—n interest rather in State then Law let them upbraid us for declining of Law I shall like that best which they dislike most in us I wish we had not observed Law too farre for they would never so farre recommend it to us did they not know it might be sometimes unseasonable As for acts of grace and pardon I shall not much quarrel thereabout the Parliament can best advise the King how far it is fit to passe a Law of oblivion in these generall times of confusion And the Answerer of the London Petition affirmed â—othing but that their advise therein was likely to be most wholsome which can hardly be contradicted And the Law is cleare enough that though the execution of Law be farre intrusted to the King and there is a dispensing power in Him so farre as he is supposed to be damnâ—fied or to be interested in the penalty yet where crimes have been committed against the whole State the King ought not and where particular men have been injured the King cannot suffocate frustrate or deny Justice 'T is against his Oath 't is against publike Liberty to deny satisfaction by stopping execution 4. But London is the most considerable part of the Kingdome and the Petitioners the best part of London and the most to bee valued in other parts are inclined to the same request for peace therefore the Parliament ought to yeeld When our Adversaries please they can alledge numbers for their advantage as if the Major part of the people were cordially on the Kings side when they please they can give you reasons why the major part of the people are inchanted and therfore cannot be on the Kings side yet we all know the major part cannot be both for and against the King at the same time in the same case Besides divide England into 3. parts and we doe not allow London to be the major of those three and divide London into 3. parts and the Petitioners cannot make it appear that they are full one third part this must be attributed to our Replicants boldnesse meerly That which is manifest is that most of the faulty and decayed Nobility and Gentry are of the Kings party and so are the Lees of the people but almost all of the Yeomenry which is the most considerable ranke of any Nation and a very choyse part both of Nobility and Gentry at this time side against the King and the Papists And it is impossible for any rationall man to imagine that the King has not infinite advantages
against the Parliament if his cause be generally apprehended as the more just But sense teaches us the contrary that no King in the unjustest cause that ever was had a weaker party then this King considering what courâ—â—s he has taken The King has an Army and such an Army as is able to force and overawe all places where they lye with swords drawne over the Pesants but cursed be that man for my part that next after God would not referre the arbitration of this difference to the publike vote of the people And yet we know that there is a great deal of servilty in the people and that for the most part they looke no further then to present grievances like Esau in his Pottage bargain chusing rather to dy for ever of a Lethargy then to sweat for a time under a Feaver 5. All Controversies are determined either by the Dye of Force and chance of War for so Nations have ever censur'd that kind of tryall or else they are concluded by Lawes justly interpreted or else there is a middle way which we call Accommodation and that is commonly when to avoid the mischiefe of the Sword and the uncertaine intricacie of Judgement both parties by mutuall agreement condâ—scend equally to depart from the rigor of their demands on either side and so comply accommodate and meet together upon termes as equall as may be Whersoever then the word Accommodation is pressed as it is now with us in the London Petition for the word Submission is not at all used 't is most absurd and contradictory to exclude a yeelding and compliance of both sides See then the manifest unjustice of our Replicant who when the matter of Accommodation onely is in Treaty yet urges uâ— to a meere submission and taking it for granted that he is Judge and that he has determined the matter for the King therfore the King ought not to condiscend or comply at all or leave any thing to the Parliaments trust but must wholly be trusted in every point 6. The King requires to have preserved to him for the future that compasse of Royall power which his Progenitors have been invested with and without which he cannot give protection to his Subjects The Parliament desires to have preserved to the Subject peace safetie and all those priviledges which their Ancestors have enjoyed without which they cannot be a Nation much lesse a free Nation Now the Militia and Posse of the Kingdome must be so placed and concredited and that the King may be as equally assured of it as the Parliament or else without all Accommodation the King must be left to the Fidelity and duty of Parliament or else the Parliament must be wholly left to the Kings discretion or rather to the Kings party In this case what shall be done the Parliament pleads that the King has resigned himselfe too far into the hands of Papists and Malignants from whom nothing can be expected but pefidie and cruelty the King objects that the Parliament is besotted with Anabaptists Brownists Familists and Impostors from whom nothing can be expected but disloyalty and confusion If the King here will grant any security against Papists and Malignants the question is what security he will give and if hee will give none the question is how he can be â—aid to sâ—eke an Accommodation so on the contrary if the Parliament will undertake to secure the King as that is granted then what must that securance be I will now take it for granted that the King ought to abjure for the secure the giving of countenance to Papists or being counselled or led by them in State matters as also to disband his Forces and that the Parliament will doe the like and abjure all dangerous Schismaticks and Hereticks But for a further â—ye to strengthen this abjuration and for a â—â—curance against Malignants who are not yet so perfectly distinguisht on either side what shall be the reciprocall caution or ingagement Shall the King have all Ports Ships Armes and Offices in his dispose Shall the King assigne to what Judges he pleases the division of our quarrels or shall he trust his Parliament in the choise and Approbaâ—ion of persons intrusted I will not dispute this I will onely say that the nature of an Accommodation requires some condescending on both sides and it is manifest injustice in the Replicant to prejudge the same as unbeseeming the King more then the Parliament and in all probability the Parliament is likely to condiscend upon more disadvantageous termes then the King and is lesse lyable to be misâ—ed and lesse apt to break a trust then any one man 7. To shew that the Parliament is disaffected to an Accommodation and the King not that therefore a Petition to the Parliament is more proper seasonable then to the King The Replicant bitterly revilâ—s the Parliament as having punished some for seeking peace and as having rejected the Kings gracious offers of peace with termes of incivility below the respect due to a King What more damnable crimes can any man load the Parliament with then with rebelling against the King first after rejecting officers of peace with foulâ— and scandalous language Yet this the Replicant freely grants to himselfe and as if hee were placed in some tribunall above the Parliament where all allegations and proofes were utterly superfluous he proceeds â—o sentence very imperiously For ought I know I am as venerable and unquestionable a judge in this case as hee is yet I dare condemn nothing but rash and presumptuous condemning of authority without proofes and for that I have Scripture it selfe for my proofe As for the Kings comming to Brainford in a mist and during a Treaty and there surprising men unprepared and retiring againe upon the drawing up of our forces that these are instances of seeking peace and shewing favour to the city is not so cleare to my understanding as to the Replicants 8. But sayes the Replicant you grant that the people may perhaps find out a better way of Accommodation then you have done and you allow them to petition when you faâ—le of your duty And this must needs overthrow the strongest and most popular argument of your innocence and authority The Parliament did never assume to have an absolute freedome from all failes or Errors nor does detract from other mens knowledge it vindicates nothing more then to bee lesse obnoxious to deceit and perversenesse then other Courts and that the rather because it disdaines not any advise or reason from any parties whatsoever 9. The Answerer demanded from the Petitioners a modell of an Accommodation to bee framed by them for the better help and instruction of the Parliament The Replicant satisfies that Demand Hee makes two propositions thus 1 That the Parliament shall as readily consent to the Kings Rights as the King consents to theirs 2. That the Reigne of Queen Elizabeth may be the measure to determine those rights In this
it is Major or Minor be entertained in grace and equipage proportionably and this difference is composed 10 But sayes the Replicant the Kings party is the more just and therefore to be preferred and this is to be judged of by rule as thus the Parliament intrenches upon our Liberty by imprisoning without cause according to pleasure and claimes to be unquestionable therein The Parliament intrenches upon Religion by committing our best Professors and planting Sectaries in their stead the Parliament proceeds according to reason â—f State not Law and this places an arbitrary power in them aâ—d makes ordinances equall to acts of Parliament Heâ—re in a breif suâ—me all that ever has been spoken or can be spoken against the Parliament and all this is grounded upon an ungâ—aâ—â—ed proposition that the Parliament has no right to defend it self For if it be lawfull for both Houses of Parliament to defend tâ—emselves it must of necessity follow that they may and must imprison levye moneyes suppresse seditious preachers and make use of an arbitrary power according to reason of State and not confine themselves to meere expedients of Law Enough has been said oâ— this 't is impâ—ssible that any wise man should be opposite herein and the Kings party have more recourse â—o reason of State and arbiâ—raâ—y power by far than we have But iâ— it be said that the Houses abuse arbitrary power in imprisoning â—evying moneyes c. cauâ—â—lâ—sly this is a false calumny and not tâ—â—e granted without particular and pregnant proofes of which the Replicant produces none at all were it not for this great noise aâ—d boast of Arbitrary power our Academians would want matter to stâ—ffâ— their in numerable pamphlets withall and the sillyer sort of Malignants would want â—uell to feed their enmity And yet we know Arbitrary power is only dangerous in one man or in a â—ew men and cannot be so in Parliaments at any time much lesse in times of publick distresse for then it is not only harmlâ—ssâ—â— uâ—necessaâ—y The House of Commons without the other States hath had an arbiâ—rary power at all times to dispose of the treasure of the Kingdome and whâ—re they give away one subsidy they may give 20 and where they give 50000â— at one subsidy they may give fifty times so much and all this whether war or peace be Yâ—t when did either King or Subject complaine of this arbitrary power Nay if any parts of the Kingdom have repined at the abuse of this arbitrary power and refused to pay subsidys assessed by the house of Commons what Kings would suffer it when was it not held a good ground of War so both Houses have an arbitrary power to abridge the freedom of the Subject and to inlarge the Kings prerogative beyond a measure they may repeale our great Charter the Charter of Forrests and the petition of right if they please they may if they please subject the whole Kingdom for ever to the same arbitrary rule as France grones under nay they have often been with force and all manner of sollicitations almost violented into it and yet notwithstanding all this we are neither terrifyed nor indangered at all by this arbitrary power in both houses To have then an arbitrary power placed in the Peers and Comm. is naturall and expedient at all times but the very use of this arbitrary power according to reason of State and warlick policy in times of generall dangers and distresse is absolutely necessary and inevitable but 't is a great offence that both Houses should make ordinances generally binding They which would take from us all meanes of defence if they could dispute us out of the power of making temporary Ordinances hâ—d their wils upon us for defence without some obliging power to preserve order and to regulate the method of defence would be vaine and absurd but this is but one branch of arbitrary power and reason of State and to wast time in proving it necessary in times of extremity if defence be granted lawfull were childish and ridiculous I have now done with the Replicant so far as he hath spoken to the matter I shall now come to his emergent strange calumnious speeches against the persons of such and such men but this were Caninos rodere dentes I forbeare it only rehearsing some raylings which need no answer but themselves The two houses are generally railed at as guilty of Rebellion against the King All adherents to Parliament are railed at as Anabaptists Separatists c. The Lord Major is railed at for preventing bloudshed in the City when the Petitioners under the pretence of seeking for Peace had many of them plotted dissention and this his Office is stiled the stiffling of peace in the womb The City Preachers are railed at for satisfying our Consâ—ieâ—ces in the justifiablenesse of a defensive war for this they are charged to fight against the King in the feare of God and to turn the spirituall Militia into weapons of the flesh The framer of the Answer is rayled at for giving the Petitioners just satisfaction in peaceable language Though his words be confessed to be softer than oyle yet 'ts said that the poyson of Aspes is under his lips he is called a Cataline the firebrand of his Countrey whose sophistry and eloquence was fit to disturbe a State but unable to compose or setle it The judgment of all these things is now submitted to the world what the intent of the Petition was in some master-plotters and contrivers of it will appeare by the arguments of this â—ell Replicant Whereby it is now seconded That the name of an Accomodation was pretended to force the two Houses under colour therof to cast themselves upon a meer submission or to be made odious and lookt upon as foes to peace which was a Scilla on one side and Charybdis on the other is here manifested Whether the Answer to the Petition favour of so much malice and enmity to peace as this Replication does let indifferent men censure Lastly whether the soule of that man which thirsts for a firme Peace may not dislike these practises of pretending to it and the soule oâ— that man which hates peace may not make advantage of the name of peace let all wise men proved and examine FINIS