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 [Page 2] 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 [Page 3] 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 appearesBook 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 [Page 4] called were once perfected, notwithstanding the Act of continuance of this Parliament (which was made by this Bablers assent, if he be an English man or Subject of England, and he party to it) we are confident the Parliament would gladly assent to a dissolution of it, their attendance upon the publike service being extreamely burthen­some and prejudiciall to their private estates and advantages.

Ob. 5. He saith, That we never intended that the House of Commons should have such a latitude of power, as to imbarke us all in a civill warre to the destruction of us and of our posterity.

Sol. When we chose our Knights and Burgesses for the Parliament, we entrusted them with all the power we could invest them withall, to doe whatsoever in their wisdome they should thinke meet, and to use all meanes, even warre or whatsoever should to them seem con­venient or necessary for the safety or preservation of our Religion, Lawes and Liberties, and we hold it infinitly better to endure for a time a civill warre, and the effects of it, then to loose our Lawes, Li­berties and Religion, and with our posterity to be inslaved perpetu­ally to the personall wils of our Kings, and to the base spirits of wic­ked Councellors that pervert and seduce them from their people. We never received prejudice from any free Parliament, from the begin­ning of this Kingdom hitherto, but we have in all ages suffered from our Princes, when contrary to their Oath, Office and trust, they have followed their personall wils, and forced the illegall issues ther­of upon us, and forsaken or neglected the Lawes and the counsels of Parliament, and we never found any meanes to relieve us against such sufferings, but by our Parliaments, which as we respect the happinesse of our selves and of our posterity, we will love and ad­here unto.

Ob. 6. He saith, We were further off from having any thoughts, that by any of their Votes they would or could draw us into any acts of disloyalty or disobedience against our naturall liege Lord, to whom by the laws of God and man, we owe and will pay allegiance and fidelity.

Sol. We could never heare of—neither doth this false Libeller expresse any particular Vote of the House of Commons, by which [Page 5] any man can be justly said to be drawne into any act of disloyalty or disobedience against the King, if he had we should have bin able to give our sence of it. But the deceitfull are conversant in Generals.

We have seen and considered his preparatives, and by it we see what Physitian we have, if this Mountebanke should be entertained, that so impudently thrusts himselfe into office before he be called. Now let us follow this wild-Goose on in his chace: Who next­ly offers divers things to the consideration of the House of Com­mons.

Object. And first he saith, We are resolved with our lives and fortunes to maintain the true Protestant Religion, established by the lawes in our Church, and to maintaine our well setled government under a Monarchy, according to the Knowne Lawes of this Land, and to maintaine the just Pri­viledges of our Parliament, without which our Lawes can hardly be conti­nued, and in asserting of this, we have the daily Protestation of both Hou­ses, and His Majesties Declaration; and we hold our selves bound in Fe­verence to his Person, and in Christianity to beleeve, that he will faith­fully performe his word with his people, and that we have this further assu­rance thereof, that he hath descended so low from his Throne, as to acknow­ledge some errours, that have slipt him in his past government, and to un­dertake not to give way to the like hereafter, and that we wish that the House of Commons would with the same Ingenuity acknowledge their errours and amend them.

Sol. This man though he assume our Name is farre from our sense. We dare not limit the holy one of Israel, the holy Scriptures is the adequate object of our Faith and Religion and not our Lawes, and if any thing concerning Religion be established by our Laws, which is not warranted by the holy Scriptures, or that is defective and comes not up to the perfect rule of Gods Word, we desire our Laws may be amended by the Parliament, and all the Worship of God and Discipline of the Church, formed in all things according to the patterne given of God, least the divine Curse lye upon us and our Land, for adding to the Word or diminishing ought from it; and the Scriptures reject every thing in the Worship of God meerely for this [Page 6] cause, because he hath not commanded it, because it never came into his mind, and countes it vaine Worship, vaine Inventions, if it be mens precepts or not part of his LawIer. 19.5. Lev. 10.1 Mat. 15.9. Psal 119.113. Deut. 12.32.: Secondly, we cannot allow of the Epithite given to our Lawes, limiting them to knowne Lawes; for be they knowne or unknowne to us, we leave the declaring and determining of them to Courts of Justice, especially the most high Court, the Parliament, and this is certainely knowne Law, and hath ever beene so: The King hath beene in all Ages held and pronoun­ced by our Lawes ignorant of them, as we for the most part of us are, and therefore were never by our Lawes intrusted with it. And it is neither Law nor reason; That Delinquents against the Law should expound or declare the Law, as now adayes they presume to doe; for if that shall be permitted, they would be sure to escape: There is certainely a Snake hid under this greene Grasse, knowne Lawes; for our parts we resolve with our lives and fortunes, to maintaine our Religion according to the Word of God, the only rule and judge of it, whatsoever our Lawes be concerning it, for so our God hath commanded; and to maintaine our Lawes as they are or shall bee declared and determined in our Courts of Justice, the onely certaine way to know them by, and not to allow of any thing our King or Delinquents shall pretend to be Law, though the same be ever so much cried up for knowne. And we are as covetous to have Reall ground to confide in his Majesties Protestations as any can be, and are onely troubled and shaken, that we cannot so fix upon them as we would, by the wayes of government and actions, that under these Protestations from the beginning of his Majesties Reigne hitherto have run and doe runne cleane contrary unto them. Can the admit­ting of Masse and Masse-Priests against the Law in the Queenes Hou­ses and elsewhere, and the open exercise of that abominable Idolatry now in Redding every day, and in Yorke, and the permitting of the holy Scriptures to be burnt in contempt of God under the Gallowes and elsewhere in Redding, the Arming of Papists and confiding in them, and the persecuting of the strictnesse of Religion under the Names of Puritans and Round-heads, consist with the maintaining of the true [Page 7] Protestant Religion. Can the Illegall taxes, Impositions, Contri­butions, Pillaging, Plundring, consist with the maintenance of the Lawes, Liberties and Properties of the Subject? Quid verba audio cum sacta videam. We should receive more satisfaction in our Kings amending his Errours acknowledged, then we can in his acknow­ledgement of them, and persisting in them, yea increasing them not­withstanding his acknowledgements.

And for the supposed Errours of the House of Commons, be­cause the Malice of this fellow scrapes together all that be can ima­gin to be Errours of theirs, and Malice is ever the fullest accuser: We will proceede to consider and examine them, and if any shall appeare, we are confident the House of Commons will not only ingeniously confesse, but speedily amend them, because we have ever found them really and actively ready and carefull to amend Lawes passed by them, and all other things wherein any slip or errour hath happened.

Object. First he saith, that under colour of advancing Religion, incou­ragement is given to Anabaptists, Brownists and all Sectaries.

Sol. If to accuse so generally and incertainely shall suffice, no In­nocent shall escape this malitious envious tongue: Where, when, or how is this incouragement given, or by whom? If he meane the House of Commons as he would insinuate, we cannot receive his ac­cusation; for if by the Apostles rule we be not to receive an accusa­tion against an Elder under two witnesses, much lesse may we receive it against such a Senate of Elders, upon the single testimony of this fel­low, whom we find a lyer or deceiver in all he saith. Secondly, We are not ignorant that the Sects he mentioneth, were fomented and mul­tiplied in this Kingdome in the time of the reigne and late extreame tyranny of the Bishops, to vexe the Puritans (under which nick-Name they included all that made any conscience of their wayes) on the one side, as the Papists were cherished and increased to vex them on the other side; for these Sectaries being taken and brought from their Illegall Conventicles to the High Commission Court in great heards and droves, found favour, and were with some slight reproofe or pecuniary Mulct let goe, when a consciencious painefull [Page 8] Minister, if he could not swallow a Ceremony themselves proclai­med indifferent, was stript of all he had, cast into perpetuall prison and destroyed. Thirdly, We know it doth not belong to the Ju­risdiction of the House of Commons to meddle with these Sectaries, there being an ordinary open way in inferiour Courts of Justice to punish such Sectaries, namely in the Kings Bench, and at the Assizes and Sessions. Fourthly, We know also, that what the House of Commons can doe for the suppressing of these Sects, hath beene done by them; for first, they have passed a Bill for a Consultation to be had with Learned Divines, about such a Church government and discipline, as is agreeable to the Word of God, to the end that thereby all Sects may be suppressed, and we know where it lyes; and in the meane time they have declared and Voted against them, to ex­presse how hatefull they are unto them, and how seriously they de­sire and intend the suppressing of them, as Pag 659. appeares in the Declara­tions of both Houses of Parliament.

Ob. Secondly, he saith, That under pretence of hatred of Popery, the Booke of Common-prayer, which is established by Law, is cried downe by many, and all decent Orders in Gods outward Worship, and every man left to the dictate of his private spirit, and he would have the Lawes against Pa­pists and Sectaries to be put in due execution.

Sol. We observe that where the Libeller dares not charge the House of Commons plainely and directly with so grosse a lye as cry­ing downe the Booke of Common Prayer, he doth maliciously and wickedly insinuate it; Wherefore else doth he mention it among the things which he suggests to be Voted, Ordered and Acted by them. And the punishment of such as cry it downe wee know belongs to the Jurisdiction of the ordinary Courts of Justice, not to them. But in regard that the Bishops themselves have agreed there are many things in that Booke fit to be reformed, and that tender consciences are to be eased of some Ceremonies mentioned in it, the House of Commons have thought it to be very unfit that the severity of the Lawes concerning it should be pressed, before the assembly of Di­vines have met and setled it in such a manner as may be inoffensive [Page 9] and more agreeable to holy Scriptures; and the rather, because it cannot be cleerely proved what Booke is established by Law, the Booke which was established and annexed to the Act of Parliament of 5. and 6. Ed. 6. to which Booke the Statute of 1. of the Queene referrs, being taken off the File in the first Yeare of Queene Mary by Act of Parliament, and destroyed or lost, and so no Booke remaining of Record, and the Bookes in print so differing among themselves, that which is the Booke established by Law cannot appeare.

And for decency in Gods outward Worship, whatsoever is deter­mined to be such by man, and not by the Spirit of God in his Word, is the dictate of a private spirit, 2 Pet. 20. and mans inventions in Gods Wor­ship are abominable unto God, who is not pleased with the devises of our hearts, but reserves it peculiarly unto himselfe, to teach us how to worship him both inwardly and outwardly, and we desire that all voluntary Religion and will-worship and humility, Col 2.23. not directed by Gods Word (in which onely we have his minde made knowne 1 Cor. 2.16. un­to us by our Prophet Ioh. 1.18. Act. 3.22. the Lord Jesus) though it have the colour of our Law, may be cried downe, cast out and removed according to Gods will, least he say unto us when we present our worship before him, who required these things at your hands? Esa. 1.12.

Ob. Thirdly, He saith, That under the colour of regulating the Eccle­siasticall Courts, and taking away the High Commission Court, all spirituall Inrisdiction for the Coercive part therof, which is the life of the Law, is taken away, so as now no hainous crime inquirable by these Courts can be punished, no Heresie or Schismes reformed, no Church can be inforced to be repaired, no Church Officers compellable to take upon them their Offices or performe their duties, no Parsons or Vicars can be inforced to attend their Cures, or give satisfaction for the paines of them that doe; No tithes or other Church duties can be recovered by their Law.

Sol. Our desire is that the Parliament would be pleased not onely to regulate Ecclesiasticall Courts, which were abused to the pilla­ging of our estates, and inslaving of our persons, as well as the High Commission Court, though in a different degree, but that their Ju­risdiction in causes Matrimoniall and Testamentary, and concerning [Page 10] Tithes, repairing of Churches, and intermedling with Church Offi­cers usurped upon the Temporall law, should be wholly taken away and restored to the Common Law, and that Non-residency, Idle­nesse of Parsons and Vicars, and neglect of their Cures should by some good Lawes to be made, be made inquirable and punishable in the Common Law Courts, where we shall find certaine and speedy Justice, with ease to our purses, and without great travell to our per­sons, and not be consumed and tired out with endlesse chargeable suites concerning them as we have beene in those Courts, and not­withstanding remaine in the long runne uncertaine of Justice. And for matters in their owne nature meerely and onely Spirituall, as Adultery, &c. we desire some better course should be set for the pu­nishment of them according to the Word of God, and not by the Popes Canon Law; and we partly perceive by the Bills that have past both Houses of Parliament, that they not only intend, but had long before this setled all these things by their wisedomes in the best way, if they had not beene hindered by men that hate to be reformed; the fault this Libeller would insinuate to be in the Parliament, lies not in them, but in others that are of the same spirit with this false ac­cuser.

Ob. Fourthly, He saith, That under the Name of reforming the Church governement, the Parliament endeavoureth to take away the function and very being of Church governours, as Bishops, Deanes, &c. and so to take away at once the preferments of Learned men and incouragements of Lear­ning: Let the abuses be taken away, but not the good uses also.

Sol. We beleeve this may be as well objected by the Pope, his Cardinalls and shavelings, as for Bishops, Deanes, &c. whose tem­porall honours and possessions are greater, and by them held the fun­ctions and very beings of Church governement, and the preferments of Learned men, and the incouragements of Learning: but we desire all these functions and beings of governement, being abuses and equally branches of the Man of sin, the Popish Hierarchy and Babell that must fall, may be taken away roote and branch out of the Church, as they be out of other reformed Churches: And that the [Page 11] Gospell-Bishops, painefull Preachers of the Gospell, that give them­selves to prayer, and the administration of the WordAct. 20.28. & 6.4., may be resto­red to all the parts of their function and office, which these usurpers have a long time deprived them of; And that the maintenance de­voured by these Idle slow bellies, may be distributed among the Churches officers ordained by God, worthy of double honour, which will be preferments for Learned men that shall make use of their Learning for the saving of soules, the highest and most noble im­ployment of it, and incouragement to all true Learning.

Ob. Fiftly, He saith, That for rectifying Church discipline and some things in Doctrine also, an Assembly of Divines is propounded to be con­vocated and consulted with: The matter is right but the manner amisse, for the Divines are not nominated by Divines, who can best judge of their abilities, which is the Legall way. The greatest part of those who are Na­med, are knowne or justly suspected to be persons ill disposed to the peace of the Church, and addicted too much unto Innovations, and the Parliament be­ing all Lay men, are to be the only Iudges of what shall be propounded and determined. The Divines are but their Assistants, and the King is totally to be excluded from having any voice or hand in it, and as it is propounded, it is to be a perpetuall Convocation if the Houses of Parliament so please.

Sol. This cavill might have been made to the Reformation of our Doctrine, in the beginning of the Raigne of Qu. Elizabeth, wherin if the consultation had bin with Divines, named by Divines, there should never have been any Reformation at all, the legall way had prevented the divine way of Reforming this Church, the Divines be­ing then universally corrupt in Doctrine, as they now be in disci­pline. Have not the eares of our Divines universally been so filled with Lauds, Whites, Wrens and their complices, clamours of Bi­shops government by Divine Right, and their hearts corrupted with a hopefull expectation themselves might climbe up into the Chaire, as they are scarce patient to admit a question to be made thereof, and is it in such a time and cause reasonable to leane the Reformation of Discipline and Church-government upon such deceitfull Reeds? will they not pierce the hand, and deceive and delude us? And when our [Page 12] fresh experience in the last Convocation, informes us what a dread­full misery was like to have befallen us, had not this Parliament by the good providence of our God prevented it, by Divines nominating Divines, when both the Electors and elected are birds of a feather, like Ieremies bad figgs, exceeding bad; shall we now againe desire such a choice? We conceive it is better never consult with, never choose Divines then give way to such elections or nominations. If Divines be chosen, and those godly and learned, that we hope will by their debates endeavour to search out Truth, and love and imbrace it found out, and not seek themselves, what matters it by whom they be nominated? And when we find the House of Commons a­ble to judge of and discover the inabilities, defects and errours of the last Convocation Divines chosen by Divines, and to convince them of their folly and wickednesse, shall we question their abili­ty to judge of the abilities of Divines, and their fitnesse to nominate them to consult of Discipline and Government of the Church? And that the Divines nominated by the Parliament, are ill-disposed to the peace of the Church, we verily believe is a false, groundlesse Accusation, and if this man know any such, he shall doe a very good office to name them, that they may be put out of this great imploy­ment. And for their being addicted to Innovation, we feare it to be true of such of them, as have given testimony thereof, in their gi­ving way and yeelding unto the tyranny of the Bishops in their late Innovations, pressed without and against Law upon the Ministers, and we know there are many such nominated to be of the Assembly. But we conceive the Parliament have in their nomination and choice done, as those that desire to have the truth, and the best way of Church-government and Discipline found out, in that they have na­med men of very different judgements and opinions concerning the same, and as neare as they can honest men that will submit to truth discovered and heaten out by debate and dispute among them. And though this man call the Parliament Lay-men, we know though they be not in orders, they are in the language of the Scriptures, as much Clergy-men, viz. the Lords lot, portion and inheritance (as the [Page 13] word signifies) as those that are in orders, and we find by experi­ence, they can judge of Church-government and Discipline, and of the reasons and grounds upon which Divines found their judgement concerning them, as well as Divines can and better too then our Convocation Divines, and such as they have been members of the first great Councell at Ierusalem Act. 15., and of all great Councels in ortho­dox times. And the conclusion and results of the debates concer­ning Church-government and Discipline, being to 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 [Page 14] 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 [Page 16] 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. 6ti. 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 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 KingdomeThey be chosen ad faciendum & con [...]en­tiendum his quae cō ­tigerint or­dinari su­per arduis & urgen­tibus nego­tijs regem statum & defensiorē regni ac ec­clefiae con­ [...]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 [Page 17] 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 ruleFortes de leg. Ang. [...].; and for the preservation of [Page 18] 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 himRemon­strance of Parl. 2 [...]. 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 Parliamēt [...] &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 defenceHos. 5.10, 11, 12. God will punish o­bedience to such il­legall cō ­mands.. This is so obvious to any versed in our Laws, or observing the ordina­ry practice of thē 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 [Page 19] 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 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 testifieSee 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 [Page 21] 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 De­clarationDeclar [...] 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 [Page 22] 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, cannot see it to be lesse then Treason to joyne with the Parliament in this War, yet such as have any understanding in the Laws, know that to joyne with an In­feriour Court in executing the Processe thereof, to bring Delin­quents to Justice with the greatest force and power of men, if it cannot be otherwise done, is lawfull, though the King joyne with these Delinquents in resisting the same, and endeavour to protect them against it; and that it is so far from Treason, as that it is Trea­son in such as raise Force against such Processe, and to protect such Delinquents from the Courts of Justice, as was judged in Parliament in the cause of Alexander Bishop of Yorke, Robert de-Leere Duke of Ireland and others, in the time of Rich. 2d. and confirmed after by Sta­tute in the first Yeare of Hen. 4 [...].

Ob. Ninethly, he saith, That to all the Commanders and Officers of their Army, the Parliament gives large and even profuse entertainement and rewardes, but out of our purses.

Sol. We doe not beleeve, neither can this false accuser prove this charge, that any other entertainements or rewards have been given by the Parliament, then were given by the King before this War, nor so much as the King hath given sithence; and what is here imputed to the Parliament falsely, may justly be said of the Kings Army, who have free booty, and we are delivered over as a prey unto them, who make the Proverbe that goes of the Great Turke true in Eng­land, [Page 23] That where he sets his foote no grasse will grow; where the Kings Army goes, they take away Plow and Cart-horses, cut the Harnesse, and use all the wicked cruell meanes they can to destroy Tillage, and bring in a famine and the miseries attending it upon us.

Further for the Liberty of our Persons and proprieties of our estates, this Libeller objects that we have little hope of this.

Ob. First, Because the Parliament takes away the Kings Treasure, in­tercepteth his Revenue, possesseth his Houses of accesse, and pretend all is for his owne service; and if any attend or assist him, they are condemned as Malignants, Popish, Evill Councellours and enemies to the State.

Sol. To this we must answer for the Parliament; That if they had taken any of the Kings Treasure, the King now upon his Articles of Treaty, wherein he demands satisfaction for all he hath any co­lour or pretence to demand of them, The King would have deman­ded it, but he demands no such matter, by which this seemes to us an apparent, grosse, lying imputation, and we cannot judge better of it. But we heare of the Jewels of the Crowne, with which the King is but trusted, and which by our Laws are to goe with the Crowne in Succession, that they are imbessel'd and sould away, a dangerous effect of the evill Councells given unto his Majesty. Secondly, for his Revenue, it is true they have seised on some part of that for the necessary maintenance and support of his owne Children, whom he hath left in the power of the Parliament, and to them the same hath been disposed, according to the proportions of allowance his Majesty hath alwayes set out for them, and in no other, and without it they might have starved otherwise; and if they have seized upon any more of his Revenue, it is not considerable in quantity, nor fit they should let him have that to maintaine his War against his Parlia­ment and people, which is his, only for the publike good, protection and safety of his people, and by our Laws ought to be so imployed. Thirdly, for his Majesties Houses, we know none the Parliament hath medled withall but the Castle of Windsor, and that is before answered, in what hath been said concerning the Castles and Forts of this Kingdome. Fourthly, for condemning such as attend, or as­sist [Page 24] him, it is not true, that any one of his attendants, that are bound by speciall service to be with him, have been meerely for that con­demned as Malignants, Popish, Evill Councellours, or Enemies to the State, but such as having no speciall oeconomicall obligation to at­tend him, or have assisted him in this unnaturall War, or are Popish, or give him wicked and destructive Councell, and foment this War, and Viper-like endeavour to rend out the bowells of the Countrey that bare and nourished them, have been and are justly accounted Malignants and Enemies to the State, and their courses evidence them to be such to all indifferent lookers on, or that shall heare any true report thereof.

Ob. Secondly, he saith, That the House of Commons, have by Messages endeavoured to perswade our Bretheren of Scotland to joyne with them in their Rebellion against their Soveraigne, and that by Votes of their House.

Sol. If this Libeller had once proved by any reason or Law, that any thing done by the Parliament, in opposition of the Kings present courses against his Parliament and people were Rebellion; he had laid some foundation whereupon he might have presumed to build so bold an inference, but neither he nor any other that we have seen or heard of, hath as yet been able to doe that: And the Politick constitution of the Kingdome is cleerely against it, and the like be­ing done by our Brethern the Scots against his Majesties like pro­ceedings with them, hath been by his Majesty and the Parliament, judged and declared to the World, in an Act of Parliament made lately, to deserve no such Imputation, and that Judgement and De­claration this Libeller himselfe (if he be an English-man) is a party to, though now he give himselfe the lye. If our Bretheren the Scots, in taking up Armes and coming into this Kingdome so armed, and taking the Fort and Port of New-Castle and Timnoth Castle into their possession, to maintaine their Lawes, Religion and Liberties against the wicked Councellours that induced his Majesty to endeavour to infring the same, were well done, and nothing therein done amisse; let all the world judge of the proceedings of our Parliament in the same case: De similibus idem iudicium: And whom have the Parlia­ment [Page 25] called in to their assistance? surely no Forraigners nor Papists as the King seduced by evill Councell hath done, but our Bretheren, interessed in the cause as well as we, and of the same Religion.

Ob. Thirdly, he faith, The Parliament did a greater Act of barbarous hostility against the King in his owne Person, and excuses it, by saying it was not their fault, but the Kings and his Councellours, that he went in Person into the Battle, which he did with that Kingly courage at will adde to his honour and their shame while the World endures, which action of theirs is become odious to God and man, and their excuse for it ridiculous.

Sol. If the King should appeare in Armes, to hinder the Justice of his Inferiour Courts, were it an act of barbarous hostility, to ex­ecute the Processe of such Court notwithstanding, and would it ar­gue Kingly courage, or adde to his honour, or the shame of the Court that awarded that Processe? 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 [Page 26] 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 [Page 28] 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 C [...]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 Common­wealth, 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, 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 [Page 29] 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 [Page 31] 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 Petition unto them, as if that alone were a cri [...]e, if the matter of the Petition doe not flatter them in their present courses.

Sol. We know they have been so sarre from accounting Petitio­ning a crime, as they have received multitudes of Petitions from all parts of the Kingdome. This therefore is a false imputation, but when the matter of the Petition hath been seditious and tending to the disturbance of the publike peace, and stuff with unjust aspersions of the Parliament, in such case only they have imprisoned the Petitio­ners, as is most just and necessary.

Ob. Sixthly, Hee averres, That the House of Commons have impri­soned others for Petitioning and intending to Petition to the King, and [Page 32] yet the way is open to Heaven, and GOD will heare in his good time.

Sol. They never imprisoned any for Petitioning the King, except the matter were, as is above-said, to foment division between the King and his people. And such a malicious Libellers petitioning Heaven, will find no acceptance, for the prayer of the wicked is an abomination to the Lord: And if such Petitions be offered to Heaven, as have been to the Parliament or to his Majesty by such spirits as this Malignant is possessed withall, God will imprison such Petitioners, except they repent in another-gesse prison then the Parliament casts them into.

And concerning priviledges of Parliament this Libeller proceeds thus.

Ob. First, That the Parliament forbids us to dispute their Priviledges, and assumes the sole judgement of them, when in former ages they might be and have been judged by the Lawes of the Kingdome, but he admits the Parliament to be Iudges of offences committed by their owne members against the Houses, and of the election of their members.

Sol. We know and have found by late experience; that when any inferiour Court hath presumed to dispute and determine the privi­ledges of the Parliament, which is the highest Court, they have been punished for it by the Parliament. Have the inferiour Courts of London or other places, been ever admitted to judge or determine the priviledges of the Kings-Bench or Common-pleas, we cannot conceive it to be reasonable or legall; but this Libellers malice hath so blin­ded him, as he raves like a mad-man against the Parliament, publish­ing any thing to their prejudice, though never so much against cleare reason and common experience.

Ob. Secondly, He saith, Some of the members of the House of Com­mons have bin committed or put out of the House for speaking freely against the sense of the House, or rather of some members therof.

Sol. This we are very confident is a loud lie, and if he had instan­ced in any one, it would have bin as manifest as the Sun, when it shines out in its might and strength to be a lie. And it is altogether impro­bable [Page 33] that the whole House should deale so with any member for speaking against the sense of some members therof.

Ob. Thirdly, He saith, The priviledges of the House of Commons were never challenged till now, to extend to any member which should commit treason or fellony. But they have now declared, that no member of the House, nor other imployed by them shall be questioned for Treason but in Parliament, or at least by leave of the House.

Sol. It is true, no priviledge of Parliament doth extend, or was e­ver challenged to extend to exempt any member of Parliament from being questioned for treason or felony, but it hath bin ever challen­ged, and is an undoubted priviledge of Parliament, that none of their members upon a bare accusation of these crimes should be left to a le­gall tryall, before the House, wherof he is a member, be satisfied that there is good ground for the accusation; upon a meere accusation no man is to loose his priviledge of Parliament, but upon reall cause. If to accuse be sufficient, who shall be innocent? and if the Law were otherwise, every man that speaks his mind legally and according to his conscience, and the trust reposed in him by his Country for the publike good, if the King like it not he shall be presently accused of treason by the Attorney Generall, and thereby taken out of the House, and so freedome of speech in Parliament will be utterly lost, and all members of Parliament that are good Patriots and stand for our Religion, Lawes, or Liberties may be taken out of the Parlia­ment, and none left there, but such as will serve the times, and hu­mour the evill Councellours about the King, a high-way to under­mine and blow up, not as the Papists intended in the Powder-plot one Parliament, but all Parliaments, and overthrow the Kingdome and reduce us and our posterity to slavery and misery without reme­dy, for by the same reason, as one man shall loose his priviledge up­on such an accusation, twenty, an hundred and more may, and then farewell the liberty and happinesse of England.

The House of Commons have ever proceeded justly and imparti­ally against their owne members, where there hath been reall cause to put them out of the House, and deliver them over to the hand of [Page 34] Justice, but if they should doe it upon a meere accusation, yea such an accusation as is ashamed to be tryed (as the late accusation of the five Members, which would never endure the mentioning of an ex­amination.) Certainly they should doe apparant injury and injustice and betray the trust committed to them, and they that had a hand in this more then Gun-powder plot, counselling and endeavouring by that devillish designe against the Parliament will remain infamous to all posterity.

Ob. Fourthly, He saith, The House of Commons have made a close Committee, wherein a very few members of that House are privy to their counsels, and what those few conclude is summarily reported to the House, and that taken up upon trust by an implicite faith of all the rest.

Sol. This we know to be false in the whole, and in every part of it. First, The House of Commons alone hath not made any such Committee, but that Committee is made by common consent of both Houses, and consists of Members of both Houses, and is neces­sary for the preparing of businesse for the House, and for the quicker dispatch of the affaires of the House, as all know that understand any thing of the proceedings of Parliament.

Secondly, It consisteth not of a very few, but of a competent and fit number for such a Committee.

Thirdly, Not only the members of the House of Commons, but of the House of Peers also are privy to the councels thereof.

Fourthly, The reports from that Committee to either or both Houses are as of other Committees, nothing in it taken upon impli­cit faith, but as every member of either House is at liberty to be at the councels, debates and results thereof, if they please; so the parti­cular reasons, warrants and grounds of the Report, are by the Repor­ter clearly opened, and if not, every member may require an account therof before he give his Vote.

Ob. Fiftly, He saith, Many of the present members of the 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 [Page 36] 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 [Page 37] 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.

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