THE Contra-Replicant, HIS COMPLAINT To His majesty.  
A Petition for Peace is presented to the Parliament by some thousands of Citizens; the Petition finds a peaceable answer; and that Answer (as I shall now set forth) is opposed by an unpeaceable Reply, but that time may be the better husbanded, and indifferent Readers the better satisfied, before I undertake the Replication itself, I desire all men to be preadvertised of some few things.  
Scholars have been very active in this unnatural war, both in raising and fomenting it; the tongue hath made some wounds as well as the hand; and the sword had never been so keen, had it not been whetted by the Pen: but scholars are not active on both sides alike, (to show their partiality, and interest in this cause) 'tis only on the King's side, where the Pen and the lance are both brandished in the same hand. And it is wisely ordered, for the King's Interest will be the more hopefully pursued when scholars second it with their Arts, and the scholar's Interests will be the easier gained, when the King seconds them with his arms. But of all kinds of Learning Oratory is most relied on: and of all kinds of Oratory, that is most made use of, which is most wantonly painted and dressed, and borrows most from ostentatious Art, and is therefore most unfit for business, either of Law or State, because it is most fit to inveigle, and deceive with its false graces and flourishes. The tongue of Cyneas was very advantageous to Pyrrhus in subduing towns and Cities, but 'tis likely more of manly logic then of effeminate rhetoric flowed from that tongue of his, or else towns and Cities in those days were governed by very illitera●e men. None but the duller sort of people are to be catched by pure Oratory, the wiser sort are well enough instructed, that when the fowler's pipe plays most melodiously, the snare is couched most perniciously. That man is very unworthy to judge of Papers that cannot distinguish between foundations and superstructions, reasons and Assumptions; that cannot discern between proving of premises, and pursuing of conclusions: and yet the chiefest fraud of the Orator is to pass over that part of the business which requires most proof, without proof at all, and that which is most dark without light at all, and that which is most important without mention at all. 'Tis enough for the Orator to blazon the bloody shield of war in general, when 'tis his sole charge to dispute who are the guilty causers and promoters of this particular war: 'Tis enough for him to take it for granted, or at most upon his own credit to affirm it, That the King's party of Papists and Arminian Clergy men and delinquents were first assailed by this Parliament, without cause or danger; and so per saltum to proceed to venomous invectives, and cursed censures against the Parliament: when his main task is to prove either that a Parliament may in no case whatsoever defend itself, or that this war in the Parliament is not defensive. If we peruse all the papers which have come out in the King's behalf, under his name, or otherwise; we shall find nothing proper to be insisted on, but these two points, That defensive war is unlawful in Parliaments, or that this war in the Parliament is not defensive; and yet nothing less hath been insisted on; nay though the fabric be vast that is built and raised thereupon, ye● that which ought to support all the fabric is utterly neglected; so in this reply (now to be examined) if much be affirmed, yet little is proved, and if any proof be made 'tis of sequels, not of premises; 'tis of assumptions deduced, not of Theses deducing: and 'tis plain and obvious to all that the Replicant here pleads not as if he stood at the bar, but pronounces sentence, as if he sat on the Bench: We may justly therefore suspect that he aims not at the satisfying of wise men, but the dazelling of simple men, and that he would not daub with his sucusses every line, and embellish with his Caressing Phrases every sentence, if he did not affect the pomp of Mr Rhombus the Pedant, rather than the graviti● of a Statist. The next Art of our Replicant is to impose those his nude averments, which are most false and improbable, with most boldness and assurance, assailing as it were thereby the belief of other men with armed violence▪ That it may pass for currant that Farnham Castle was surprised contrary to the faith, and Treaty of Sir William Waller (with whom no Treaty was ever entertained, nor spoken of,) it must be further averred, That our side was false at Winchester, false in Yorkshire, false everywhere; but these things ●adem facilitate negantur, quâ affirmantur. Another advantage of the King's party is by multitude of writings, invective and satirical: both the Universities are become mints of defamatory disgraceful papers, the Regiments of the King's pen-and-inkhorn men, are more and fuller than of his swordmen; and though too many papers are scattered of both sides, yet those of the Kings are most of them serious▪ and done by able men, whereas those of the Parliaments side for the most part are ridiculous done by Sots, or prevaricators to the disadvantage of the party. After these premonitions I come to the Replication itself. The substance of the Petition was That the Parliament would tender such Propositions for Accommodation, as might be accepted with honour to his majesty, and safety to the kingdom. The substance of the Answer was that the Parliament was truly and heartily desirous of a safe and honourable Accommodation, and for an instance of that their desire would seek nothing from the King, but to enjoy the due essential privileges of his highest Court of Law and policy, which privilege must needs qualify and fit them rather to judge, then to be judged by any other inferior party. That a total submission to the King, he being so far addicted to a faction of Papists and haters of Parliaments, could neither be safe nor honourable. That to submit to the King's party were to submit to the foes of Religion and liberty: foes irreconcilable, and such as ever had been dangerous, and were now made more furious by blood against the Parliament. That if the Petitioners being but a part of London, and that but a part of England, should in stead of an honourable safe Accommodation press the Parliament to a dishonourable unsafe submission to the King's party, it were a breach of public trust in the Parliament to yield therein, the Parliament being trusted by the whole kingdom, that if a just fit Accommodation be intended the King ought to trust the Parliament in part, as well as the Parliament ought in part to trust the King. That both parties being equally disarmed, the Protestants being less countenanced by the King, and more obliged in Conscience by oaths and agreements, would be more obnoxious to disadvantages, than that party wherein so many Papists are predominant. That though the Parliament might submit, yet a fair Accommodation it could not obtain, except the King would equally condescend thereunto. That if the Petitioners had found out a more safe and honourable Accommodation than 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 becensured or distrusted. That it behoved the Petitioners to address 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 several points in this A●alysis, what the Replicant hath set forth, we shall now see in the same order.  
1. The great contrivers of our sad divisions, which abuse the weak reason of the people, to keep up an unfortunate misunderstanding between King and Subject are not named by the Replicant; but they are clearly pointed out to be the chief Lords and Commons in Parliament: for he saith, Every new Vote of late hath been a new affliction: and he makes Pennington and the city Lecturers to be but journeymen Rebels under them: and even this Hellish slander he venteth under the name of the Petitioners, whom he styles the most considerable persons of the city: 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 says) are softer than oil, though the matter of it be poison of asps, he attributes only to some chief Engineers of mischief 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 city and country 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 sense of their miseries, and by other advertisements from loyal Papists and Prelates, and other pious Courtiers and soldiers to shake off their few Tormentors: Nay, and though the King himself has not only published the most eloquent and subtle Declarations to disabuse the people, that ever were (Himself being the most beloved and honoured Prince that ever was for his indulgence to Liberty and Religion) but ha●h also advanced a most puissant and victorious Army to relieve these undeceived wretches; yet the incantation holds, no human force either of Arm●s▪ or Art● can dissolve it. The miracles of Moses had an impression of divine virtue upon them, and did therefore triumph overall the Egyptians spells: bu● in this case, Mr Pym, with I know not what infernal engines distorts and wrists all the orbs of a kingdom from their natural motions; and yet no divine Art can resist him. 'Twas never believed before that any but God could work contrary to nature, but now it must be believed. But is it so apparent that the Parliament is averse from peace? yet says the Replicant, For withdraw the fuel, and the fire is soon extinguished: Let the Parliament not foment the ill humour (by supplies of men, arms and Ammunition) and the wound will heal of itself. In the petition, nothing but an Accommodation, safe and honourable was pretended, but now we see a mere submission is intended in this replication.  
'tis not proved: That the arms of the Parliament are unjust; 'tis not proved, that it may be safe for the kingdom to prostrate, and subject Parliamen●s to the discretion of that faction which now has bereaved us of the King's presence and favour; yet because the Replicant will take upon him to condemn Parliaments; we must also allow of his Judgement.  
But ' its further said by the Replicant, that even Accommodation itself is not pleasing in Parliament▪ witness that sp●ech of one, I like not daubing: and that of another, I hat●●●● name of Accommodation. he which hates the name of an Accommodation as it has bee● used of late to signify a total submission, may love a true Accommodation in itself: and he that likes not the daubing of those which under the colour of Accommodation aim at nothing but division and dissension amongst the people, may more heartily affect a safe▪ and honourable agreement, than the Replicant himself.  
Can the Parliament express zeal to peace better than by contracting all its rights and privileges into one compendious proposition, for the settling of union? To purchase true peace, the Parliament desires nothing but to retain the mere being of a Parliament; that is, to be the supreme Court of King and kingdom. And if it can stand with the essence of such a Court to be arraigned, tried and sentenced by a faction of Papists, Prelates, Delinquents, and soldiers, the Parliament will submit to that Condition also.  
2. When we express our fears of the King's party, and therefore deny submission thereunto as dangerous and dishonourable, the Replicant tells us further, we are required not to submit to our fellow subjects, but to the King only: and he tells us further, that the laws are the best security, and those we shall enjoy, and to claim any higher security is to assume the power of Kings. How far the laws of the Land have been sufficient to preserve to Parliaments, and the be●ter part of loyal Protestant subjects their rightful portion and interest in the King's favour, for these 17. years' last past, is known to all; The laws of Scotland could not secure the better and greater part there; The laws of Ireland have not saved the Britons and Protestants from Massacres there: and yet certainly both those kingdoms are entitled to laws of as ample benefit, and vigour as ours now is. But what speak we of Common laws, when even at this instant such a free subjects house is burnt and plundered by the King's party, in derision and despite of the Kings own Proclamation and particular Placard granted for the safeguard of himself 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 spoiling above the general Law, or any particular protection. If the King think fit to grant safety to such a person, or such a town, it must be provided always that such a Dutch or Scotch Commander, who conceives himself more skilful in war then the King give his approbation withal; 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 multiplied upon us during this war, and before, by his adherents. As for laws therefore we must take notice that they may be employed either to the benefit or prejudice of any Nation, and that they themselves do require to be regulated by further laws. No Nation can be free without a threefold privilege: The first is in the framing and passing of laws. The second is in declaring and interpreting laws. And the third is in executing and preserving laws in force. Where the King is sole lawmaker all things are subject to his mere discretion, and a greater bondage than this never was nor can be; the English lie not under such base servitude, their King claims but a part in the Leg●slative power: and yet nevertheless of late by discontinuing of Writs for the summoning of Parliaments, and by the right of a Negative voice in Parliaments, and an untimely dissolving of Parliaments, the people's interest in this Legislative power has been much abridged and suspended. In the like manner also if the sole power of declaring laws were so in the King as that he might himself give Judgement, or create Judges at his pleasure without imposing oaths of trust on them in behalf of the people, or should deny redresses upon appeals from them, our Legislative power would be vain and uneffectual to us. For my part I hold it an equal thing, whither just men make laws and unjust interpret them, or unjust men make laws and just interpret them. When it was just in the King of late to impose what taxes he 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 thraldom, yet the fault was not then in the laws, but in the Judges, and such as had a power over the Judges, laws as they are deaf, and by a strict inflexibility more righteous than living Judges, so they are dumb also, and by their want of Language more imperfect than the breasts of men. And indeed since the laws of God and Nature, though known to all, yet do not utter to all the same sense, but remain in many plain points strangely controverted, as to their intent and meaning; how can we hope that any human laws should satisfy all men's understanding in abstruse points, without some living Key to open them? the vast Pandects and digests of the Law sufficiently testify, that in the clearest Law, which mankind could ever yet discover there are dark and endless Labyrinths, wherein the weaker sort of lay men are presently lost, & the learnedst advocates are tediously perplexed.  
In the last place also if the sole power of enforcing and executing laws 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 remediless, the interest in making and declaring of Law were invalid, and frustrate in the people, and the King might still enslave or destroy them at his pleasure. The Replicant says, That under a Monarchy much must be trusted to the King, or else it will be debased into democracy. 'tis confessed much must, but all must not be trusted: the question than is, how far this much extends in a Monarchy of such a mixed 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 mixed Monarchy more is trusted to the King, then is reserved to the people; and in a mixed democracy more is reserved to the people, than is derived to the Prince. In all forms of Government the people passes by way of trust, all that power which it retains not, and the difference of forms is only in degree, and the degrees are almost as various as the several states of the world are, nay the same state admits of often changes many times, sometimes the people gains, and sometimes loses, sometimes to its prejudice, sometimes not; and sometimes injuriously, sometimes not; but the degrees of ordinary power consist in the making, declaring and enforcing Law, except when foreign war 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 republic, and in England the most exact Monarchy in the world. But it is a lewd conceit of our Royalists nowadays to attribute to our King an absolute power over the Militia of this Land at all times alike, not distinguishing between civil wars, wherein he may be a party, and suspected; and between a foreign war, where he is neither a party nor suspected: for if our Kings will plead such a trust to our disadvantage, 'tis just that they produce some proof for it, and rely not upon mere Common use, 'tis true in case of foreign invasion, 'tis expedient that the King be far trusted, and yet even so, if the King should conspire with foreign 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 own defence without his consent. And much more reasonable is it in time of Peace, or civil war, if the King will deny his influences, or withdraw his presence, to obstruct Law, or will by his Negative voice, or by force seek to disable his highest Courts and counsels, 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 laws; so neither can he defeat the same interest, or destroy the benefit thereof by misinterpretations, or by misexecutions of the same laws. No Nation can enjoy any freedom but by the right and share which it has in the laws, and if that right and share do not extend to the preservation of laws in their true vigour and meaning, as well as to the Creation of them, 'tis empty and defeasible at the King's mere pleasure, Much is to be trusted to the King: true, but all is not (we see) ●rusted, some power we see is of Necessity to be reserved in free Nations, such as the King allows 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 mere 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 legal and fundamental Trust of the kingdom, nor can infirm credulous, and easy Princes pretend always to the same degree of power as their Ancestors have held, unless they can prescribe to their virtues also. Queen Elizabeth might with safety and expedience be trusted further than King James, 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 return: The Court of a Prince is like the lion's den in the Fable, all the beasts leave prints and steps advorsum but none retrorsum. But the Replicant further assures us, That 'tis very easy to assign the bounds of these several trusts: for the laws and customs of the Land determine both: nor will his majesty (he says) require any new trust to himself, or deny any old trust to us. Our great D●vines were to be admi●ed for their profound knowledge in the mysteries of Law were they not Courtiers: but now the King is presumed to comprehend omnia jura in scrinio Pectoris: and so they by their residence at Court discern all the secrets of Law and State in speculo Imperii, just as our heavenly Saints do read all things else in speculo Trinitatis. Our gravest Sages of the Law are much divided in points of less moment and intricacy, and as for the precise meats and bounds, where sovereignty and Liberty are severed, and the direct degrees of public trust in all cases, and at all times, they look upon them as grand difficulties, scarce fit to be debated but in the sacred Court of Parliament; and yet clergymen think them but the first rudiments of all knowledge, obvious to very abc-darians C-Darians. They always boast of the known laws of the kingdom, in all disputes they refer us to the known laws and customs of the Land, as if Judges were things utterly needless, and the study of Law merely superfluous. The Tresha●lt Court of Parliament, of whose determination our learnedst Judges will not think dishonourably, cannot pierce into these known obvious laws, and yet every Sophister can: the fountains of Justice are now exhausted, and yet the cisterns remain full. But says the Replicant, If you seek further security than the known laws, the people will see, that under the name of free subjects, you take upon you the power of Kings. Sir, we desire to have our laws themselves secured to us, which you may turn like our own Canons against ourselves, if righteous and prudent judges be not granted us, and all overawing violence so prevented, as that the fruit of their judgements be clearly and entirely conveyed to us. And such securance is not incompatible with Monarchy; for it is no more impeachment to Monarchy, that the people should enjoy th●n make laws; that they should be sharers in the power of declaring and executing, then in the power of passing & framing laws: but it is on the contrary an evident impeachment to liberty, if an equality of these three privileges be not at least shared with the people.  
3. As for the diametrical opposition in Religion and State betwixt us and our irreconciliable enemies of the King's party. The Replicant maintains divers things: and of the Papists and Delinquents he says, That we have nothing against them, but State Calumnies: That the same justice may govern both, if we 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 transgress it: he imputes to us a new Creed: he says the King is to look upon friends or enemies in a Law notion only, that Subjects must not give laws to princes' courtesies: That our enemies, if they be traitors, are to be tried at the King's 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 overawed or outwitted by Papists. 'tis true, some part of our enemies knows 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 mere 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 main Engineers in this civil war are Papists, the most poisonous, serpentine, jesuited Papists of the world. All the Papists in Europe either pray for the prosperity of this design, or have contributed some other influence and assistance to it. This war was not the production of these two last years, nor was England alone the field wherein the dragon's teeth were sowd. Scotland was first attempted, but the Protestant party there was too strong for the Papists, and such of the English as joined 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 parallel 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 arithmetical part of Protestants, and yet one papist in geometrical 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 vicegod has in the Queen is known, & what power the Queen has in the King, and what power the King and Queen have in the prelatical Clergy, and the Clergy in them reciprocally, and what power the King, Queen and Clergy have on a great number of irreligious or lukewarm protestants (now made Delinquents and so further engaged) as also upon all papists, & how all these have interests divided & intwined & how restlessly active they all 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 tells us, we have no enemies to complain of; our very condoling against papists and delinquents, he terms State calumnies, and slanders that have lost their credit by time, and are confuted by experience. O thou black mouth, more black than 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 find no pity in thee, yet is it an offence to thee, that it extorts tears and lamentations from us? O thou unboweled 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, we know our slanders and calumnies cannot deceive him; we submit ourselves and our cause to his revenging hand. But thou wilt say, the King's party in this war are good Protestants, and we are Anabaptists, &c. The tyranny and superstition of Bishops has driven some of our tender and stricter protestants into utter dislike of Ceremonies, and that pompous, or rather superstitious form of Church discipline which has been hitherto used in England. Some of us desire an alteration of some things in our liturgy, by advice of a learned and uncorrupt Synod: others perhaps scruple Church music, and any set form of divine service, to be imposed of necessity, liking better the single order of Scotland. What new Creed is there in all this, or what change of Religion were this, if there were any great numbers of men so opinionated? But it is well enough known to our Adversaries, that there is not one man of both Houses of Parlialiament that is violent against all public set forms of prayer, or that form which is now in use, or that desires any alteration of Doctrine in essentials, nay, nor of Discipline, except in things very few and inconsiderable. And it is well known that the Parliament, as it would loosen the rigour of Law in some scruples for the ease of tender consciences, so it abhors utterly all licentious government in the Church, and all byways of confusion. In the City the King has instanced in Pennington, Ven, Foulk, and Mannering, as notoriously guilty of schism, and doubtless they were named for want of worse: try these men now by the old Creed, or by the nine and thirty Articles; nay, examine them concerning the Common prayer Book, and it will soon appear how far they are strayed into Brownism, or any other schism: it will appear how they are wounded in schismatic, and all protestants in them, and the true Religion in us all: it may be they have not put pluralities, or the Parliamentary Votes of Bishops into their Creed; it may be they have reserved no implicit faith for Convocation acts, and Canons, which the Replicant may perhaps judge very irreligious; but they hope this never had any anathema pronounced against it in the old Church by any council before Antichrists days. Let not railing pass for impleading and condemning, and we will all be tried in the same manner, and if any new Creed be found amongst us, differing in substance from the old, let our adversaries themselves give and execute sentence upon us. If Brownists could be as well distinguished and nominated in our Army, as papists are in the Kings, or were really as many and as far countenanced, we would distrust our cause; whereas we now beg no otherwise the blessing of God upon our Armies, then as we are enemies both to Popery and Brownism. Dares our Replicant make such a prayer? no, sometimes he owns Papists, and sometimes he seemingly disown them: speaking of the King's party, once he says, As for the established religion we will become suitors to you, that you will severely punish all persons whatsoever that transgress against it. Papists certainly have transgressed against our religion; if the rebellion in Ireland be a transgression, or if the instant taking up of arms here against the parliament be a transgression; yet see at the same time, when they call us to punish the papists, they themselves arm & enable papists to punish, nay to destroy us, is this all the ingenuity we shall expect? well, to our law notion: it is argued in the next place, that a Papist fighting for the King, though in a notion of Theology, he may be accounted an enemy quatenus a Papist, yet in understanding of Law, he was accounted the King's friend, as to his fighting: Priest squires Doctrine just, he that fights for the King, or rather at the King's command, let the cause be what it will, he is the King's friend.  
When Saul▪ gave a furious command to f●ll upon the Priests of Jehovah; amongst all his servants, he had no entire loving friend but Doeg: so when his unnatural rage ●ncited him to take away the life of Jonathan▪ the whole Arm● that defended Jonathan were his foes, and if it had proceeded to parties (as it had, if Saul had had as many Idumeans in his service as King Charles now has) those only which had been the execrable instruments of the King's Tyranny, had been the King's friends, and had fought for their King: so those six hundred men which adhered to David, out of a pious intent, to preserve his innocent soul from the bloody hands of Saul, and his three thousand impious murderers; and the Keilites also, if they had been faithful to David (as they ought to have been) were guilty of Treason and drew their swords against their master. But I expect now that the Replicant insist upon the justice of the King's cause, as not taking arms to master the Parliament, but to defend themselves against the Parliament: this if it could be proved, would overrule all, but it being in question, and as resolutely denied by one side, as affirmed by the other; the Replicant must evince by reason all that he expects to gain from us. 'Tis not so probable that a Parliament should invade a King, as a King a Parliament: 'Tis not so probable, that a Parliament should be misled, and have ends to enrich itself by oppression as a King. 'Tis not so probable, that that Army which consists all of Protestants, should be so adverse to the reformed Religion▪ as that which admits and favours all Papists and Delinquents: 'tis not so probable, that that Army which is raised and paid by Parliament, that is by the flower of all the English Nobility and Gentry, should fight for Arbitrary government, and against propriety, liberty and privilege of Parliament; as that which hath nothing considerable, but rapine and pillage to maintain it. If many evidences of facts, many pregnant proofs, and many lively circumstances of time and place, did not absolve the Parliament of traitorous conspiring against the King's crown, Dignity, and person; and convince Digby, Percy, Jermin, and divers of the Kings and Queen's party, of conspiring against the privileges of Parliament, and the lives of many of our noblest parliament men. If all other arguments did fail, the very invitation of Papists to the King's Standard, & the rising of the Papists with such general consent now, that all Ireland is almost lost to the papists, and some hopes were else to recover it, would sufficiently assure me, that religion and liberty stand in more danger of the King's party, than of the parliaments▪  
I could not with more clear and cheerful confidence die for the truth of the protestant Religion, then for the justice of the parliaments cause in this war, noscitur ex Comite, &c. Let the papist plead for the Delinquent, and the Delinquent for the papist, those ends which have so closely cemented, and kindly incorporated both together, make a sufficient discovery to me, as well what the papist, as what the Delinquentis. And this age must prove monstrously unnatural, in producing a wonder never heard of in all former ages, ●f justice do now rest on the King's ●ide; For surely, no King ever till now, having a just cause, was opposed therein by the maior and better part of his subjects; much less was it ever seen or heard of, that any King in a just cause was deserted by the majority of his Orthodox subjects, 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 war ●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 soul. But our Replicant will tell us, That the King's justice 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 party, and to provide for the peace of both parties: But notwithstanding that Law and that power the poor British Protestants in Ireland have been left unprotected, and lamentably exposed to a general Assassination: And had they not been betrayed by their vain confidence in the Law, and in the King's protection, they perhaps might have found other means to defend themselves; therefore it is no refuge or comfort to them now, to hear the name of Law proclaimed & reiterated, when as things happened there, it has been the very shelf and rock whereon the Protestants have been miserably bullied and wricked; ●hen pardon pray, if the same name of justice also sound but harshly at this time in our ears: when papists which have destroyed our religion in Ireland, are raised to preserve it in England; and protestants which were sending succours and supplies into Ireland, are in the instant invaded here in England for the better suppression of Popery both here and in Ireland; 'tis a strange kind of assurance or ●oy to us, to see the names of Religion, Liberty, and parliamentary privilege, stamped upon our coin, or interwoven in our Standard, when at the same time, we see the same coin imprested for the entertainment of a Popish Army: and the same standard marching against the representative body of our Nation, and the supreme Court of justice in our State. Nay, and the strange time that is taken for the righting of Religion, Law and Liberty amongst us, m●kes our assurance, and joy the less triumphant, for we plainly see, that as the season now is, no one Protestant falls here by the King's sword; but by the same stroke 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 war 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 privy intell●gence, the whole City of London is to be engaged in a tragical conspiracy, to murder itself in one night: What the benefit▪ therefore is of Law and Power, and justice for the disabling of Papist and Delinquents, and for the safe guarding of loyal Protestants we all know: But when papists and delinquents find countenance, and the true religion is abandoned, and le●t obnoxious to mischief by the perversion of Law, Power and justice; the names alone will not avail us, but our Replicant further saith, Subjects must not give laws to princes' courtesies. In matters of a private nature Princes are absolute, but not so in public affairs, where the public safety or liberty is touched. In their own palaces Princes may dispose of Offices, but in the State if they make Patents prejudicial to their revenues, to their prerogatives, or to the people's interest; the judges shall pronounce them deceived in their grants, and make the deeds void and null in Law: Princes cannot alien any parcels of their crowns, Hull may not be transferred to the King of Denmark, nor Portsmouth to France, nor Falmouth to Spain, for Kings have no sole propriety in such things, and the same reason is in the super intending Offices of Royalty i● s●lfe; they are not transferible at pleasure: Some Princes (to use the words of Tacitus) are so infirm and credulous, that they remain jussi● alienis obnoxii, and non modo Imperii s●d libertatis etiam indigent, they are so enslaved sometimes to their basest flatterers, that their very D●adems are as it were aliened and made prostitute to seducers, and these their flatterers and seducers (in the ●xpressions of the same Tacitus) Minoee metu & majore praemio peccant.  
The unhappy Protestants in Ireland were of late undone by the vast● power which was put into the hands of the Earl of Straff●rd, and all the ecclesiastical, if not civil disturbances and distraction▪ which have of late infested these three Kingdom●, were in great part ●a●sed by excess 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 years under the first Popes, as it did in six years here under Canterbury: And Ner● himself in his first three years did not attain to so much insolence and tyranny as Strafford did in one year.  
The King's freedom therefore in favours will never justify the preferring of such men, to an unquestionable com●●nd, nor the subjecting the lives, liberties, and souls of so many millions of Religious Protestants to their corrupted disaffected wills: nevertheless, for aught 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 height 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 engagements in these present troubles; some think she has an absolute unlimitable power over the King's sword and sceptre; which if it be so, no end of our fears and calamities can be, no propositions can profit us, no Accommodation can secure us. If the King himself were a Papist, he would yet look upon us as his natural subjects, but when his regal power is secondarily in the hands of a Papist, to that Papist we appear but as mere heretics without any other relation of subjects: By secondary power also, a stroke is given with m●re secrecy and security; so that there is the less fear 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 air, or with some windings in the barrel of the gun, whereby it doth more execution at a further distance. Therefore our Kings many and dreadful Oaths and vows of sincerity in the Protestant Religion are not satisfying, if in the mean time any of his Kingly prerogative be shared with such as are not sincere in the Protestant Religion; it were far safer for us that he would swear for his party, then for himself.  
But our Replicant will never have done with the Law, he still tells us, That every man is to be tried by his peers the Lords in the Lord's House, and the Commons at the King's Bench, and though the House of Commons have no right of judicature, yet there is another trial for Treasons, and our m●●●e p●int in difference at this time is concerning Treason.  
The Parliament is nothing else but the whole Nation of England by its own free choice, and by virtue of representation united in a more narrow room, 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 virtually the whole Nation: and we may truly say of it, that by its consent Royalty itself was first founded, and for its ends Royalty itself was so qualified and tempered, as it is; and from its supreme reason, the nature of that qualification and temperature ought only to be still learned, and the determination thereof sought. For who can better expound what Kings and laws are, and for what end they were both created, than that unquestionable power, which for its own advantage merely gave creation to them both? If Kings and national laws had any human beginning, if they be {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}, as the Scripture says 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 hardness of words) and therefore it must follow, that both Kings and laws were first formed and created by such bodies of men, as our Parliaments now are; that is, such counsels as had in them the force of whole Nations by consent and deputation, and the majesty of whole Nations by right and representation.  
The enemies of Parliaments seeing this not to be gainsaid, 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 persuade the multitude, that they have entrusted the Parliament only with their purses to give away subsidies, and replenish the King's coffers; but not to settle their rights and franchises, and to make known the bounds of Prerogative, and restrain the unnatural encroachments or erruptions of the same. If the community have been aggrieved to complain, or almost accuse, is a sufficient privilege of the house of Commons, and this, but to avoid further repining, shall not be granted them. 'tis pity that our Doctors do not study the Law further; for with a little more industry, they might perhaps find 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, prefer an accusation against such a ●yrrannicall Lord or favourite; well, if such rabbis, and expounders can satisfy any of the unworthy vulgar, and some Gentlemen, and Lords who have spirits below the Yeomanry of England (for such I have seen too many since 3. Novemb▪ 1640, they shall be no further disabused by me. In the next place, They attempt to work a disunion between the Houses, the Lords shall have a power of Judicature ●ver their Members so they will exclude the Commons from any part therein; and upon condition that they will so far disclaim them, as to leav● them obnoxious for trials at the King's bench; This sitting of the Lords and Commons in several Houses, does not prove them several Courts, nor does the observance of particular privileges in either House, and not laying all things common between both, prove any independence of either: doubtless 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 inferior Courts: the Lords than knew they could not endure 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 Curiatij stand close together, their three adverse Combatants are too weak for them; but when they are divided by unwariness in the encounter, they prove all three too weak 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 fatal want of policy, can divide or diminish their mutual love and correspondence.  
In the last place, division also is raised betwixt the King and Parliament; there is a generation of men which se●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 prevail to alienate the Parliament from the King, apply all their endeavours to alienate the King from the Parliament: their perp●tuall suggestion are, That the greatness of Kings is eclipsed by Parliaments, That there is in laws themselves a kind of enmity, and something that is inconsistent with royalty, That Kings are bound to seek nothing but themselves▪ That Kings can seek nothing in themselves, so nobly as the satisfying of their wills, especially when their wills are fixed upon things difficult and forbidden. nevertheless, there is nothing but falsety in all these suggestions. For Princes are the Creatures, and natural productions of Parliaments, and so are their Prerogatives as has been set forth, and every rational and natural thing loveth its own offspring, 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, than Princes to love the People; There is likewise a near consanguinity, and reflexive benevolence of aspects between laws 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 prevail, Si attribuat Rex legi, quod lex attribuit ●i. 'tis 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 than 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, sinful affections, and are subject more than other men to sinful temptations, and are accountable to God therefore, in a higher degree than other men, should think it inglorious to deny their own irregular wills, and to submit to laws, Parliaments, and the public prayers and advice of their subjects, 'tis a thing scarce credible. The most expert Navigator prefers 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 mechanic directions. Only Princes choose rather to err with their own fancies and fancy feeding flatterers, then to go right with public advice, and no mischief▪ 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 ●irst, That they have no cognizance of matters of State: secondly, That in matters of grace and pardon th●y have no power or right: the King in those, has an Arbitary sole authority.  
Law's aim at justice, Reason of state aims at safety; Law secures one subject from another, Law protects subjects from insolence of Princes, and Princes from sedition of Subjects, so far as certain rules may be given and written; but reason of State goes b●yond all particular forms and pacts, and looks rather to the being, than well-being of a State▪ and seeks to prevent mischief ●orraign as well as domestic, by emergent Counsels, and unwritten resolutions. Reason of State is something more sublime and imperial than Law: it may be rightly said, that the Statesman begins where the Lawyer ceaseth: for when war has silenced Law, as it often does; Policy is to be observed as the only true Law, a kind of a dictatorian power is to be allowed to her; whatsoever has any right to defend itself 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 war and danger, as to deny th' selfdefence.  
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 harm of late, than 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 be good for us to add more power to the Earl of Essex (if he be thought the worthiest man of Trust amongst us, as he has deserved no less estimation) for till I see him look● upon, and served as a temporary Dictator, and the bounds of his Commission to be 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 p●ooses, that the Representative body of the kingdom is a counsel of State, rather th●n a Court of Justice, would show me as foolish as the Replicant:▪ 'tis impossible any man should doubt of it, that does think the being is to be preferred before the well being; or that whole Nations have any imterests either in their own being or well being. Let our Adv●rsa●ies triumph in their own 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 ●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 far, for they would never so far 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 pass a Law of oblivion in these general times of confusion: And the Answerer of the London Petition affirmed ●othing, but that their advice therein was likely to be most wholesome, which can hardly be contradicted.  
And the Law is clear enough that though the execution of Law be far entrusted to the King, and there is a dispensing power in Him, so far as he is supposed to be damn●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. 'Tis against his Oath, 'tis against public Liberty to deny satisfaction by stopping execution.  
4. But London is the most considerable part of the kingdom and the Petitioners the best part of London; and the most to be valued in other parts, are inclined to the same request for peace, therefore the Parliament ought to yield.  
When our Adversaries please, they can allege numbers for their advantage, as if the Major part of the people were cordially on the King's side: when they please they can give you reasons why the major part of the people are enchanted, and therefore cannot be on the King's 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 do 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 boldness merely. That which is manifest, is, that most of the faulty, and decayed Nobility, and Gentry, are of the King's party, and so are the Lees of the people; but almost all of the Yeomenry (which is the most considerable rank of any Nation) and a very choice part both of Nobility and Gentry at this time side against the King and the Papists: And it is impossible for any rational 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 than this King, considering what cour●●s he has taken. The King has an Army, and such an Army as is able to force and overawe all places where they lie, with swords drawn over the peasants: but cursed be that man for my part, that next after God, would not refer the arbitration of this difference to the public vote of the people. And yet we know that there is a great deal of servility in the people, and that for the most part, they look no further then to present grievances; like Esau in his Pottage bargain, choosing rather to die for ever of a Lethargy then to sweat for a time under a fever.  
5. All Controversies are determined either by the Dye of Force, and chance of War (for so Nations have ever censured that kind of trial) or else they are concluded by laws justly interpreted, or else there is a middle way (which we call Accommodation) and that is commonly when to avoid the mischief of the Sword, and the uncertain intricacy of Judgement, both parties by mutual agreement cond●scend equally to depart from the rigor of their demands on either side, and so comply, accommodate, and meet together upon terms as equal as may be. Whersoever than the word Accommodation is pressed, (as it is now with us in the London Petition, for the word Submission is not at all used) 'tis most absurd and contradictory to exclude a yielding and compliance of both sides. See then the manifest unjustice of our Replicant, who when the matter of Accommodation only is in Treaty, yet urges u● to a mere submission, and taking it for granted that he is Judge, and that he has determined the matter for the King; therefore the King ought not to condescend, 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 compass of royal 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, safety, and all those privileges which their Ancestors have enjoyed, without which they cannot be a Nation, much less a free Nation. Now the Militia and Posse of the kingdom 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 King's discretion▪ or rather to the King's party. In this case what shall be done, the Parliament pleads that the King has resigned himself too far into the hands of Papists and Malignants, from whom nothing can be expected but perfidy 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 he will give none, the question is how he can be ●aid to s●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 do the like, and abjure all dangerous schismatics and heretics. But for a further ●ye to strengthen this abjuration, and for a ●●curance against Malignants, who are not yet so perfectly distinguished on either side, what shall be the reciprocal caution or engagement? Shall the King have all Ports, Ships, arms, and Offices in his dispose? Shall the King assign to what Judges he pleases, the division of our quarrels? or shall he trust his Parliament in the choice and Approba●ion of persons entrusted? I will not dispute this, I will only 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 than the Parliament, and in all probability the Parliament is likely to condescend upon more disadvantageous terms then the King; and is less liable to be mis●ed, and less apt to break a trust, than any one man.  
7. To show 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 revil●s the Parliament as having punished some for seeking peace, and as having rejected the King's gracious offers of peace with terms 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 foul● and scandalous language? Yet this the Replicant freely grants to himself; and as if he were placed in some tribunal above the Parliament, where all allegations and proofs were utterly superfluous, he proceeds ●o sentence very imperiously▪ For aught I know I am as venerable and unquestionable a judge in this case as he is, yet I dare condemn nothing, but rash and presumptuous condemning of authority without proofs; and for that I have Scripture itself for my proof. As for the Kings coming to Brainford in a mist, and during a Treaty, and there surprising men unprepared, and retiring again upon the drawing up of our forces, that these are instances of seeking peace, and showing favour to the city is not so clear to my understanding as to the Replicants.  
8. But says the Replicant, you grant that the people may perhaps find out a better way of Accommodation than you have done, and you allow them to petition when you fa●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 freedom from all fails or Errors, nor does detract from other men's knowledge, it vindicates nothing more than to be less obnoxious to deceit and perverseness than other Courts, and that the rather because it disdains not any advise or reason from any parties whatsoever.  
9 The Answerer demanded from the Petitioners a model of an Accommodation to be framed by them, for the better help and instruction of the Parliament. The Replicant satisfies that Demand. He makes two propositions thus; 1 That the Parliament shall as readily consent to the King's Rights as the King consents to theirs. 2. That the reign of Queen Elizabeth: may be the measure to determine those rights. In this the Replicant is very reasonable; for we freely submit to both his propositions: but he is not so politic as he thinks ● for a submission to th●se general propositions, will not determine any one of our Particular debates. Let us be safe, as we were in Queen Elizabeth's days, and let us be secured of our safety by the same means, as Queen Elizabeth secured us; That is, by showing no countenance to Papists (much less● admitting them as Counsellors, lest of all as Governors in her highest counsels) let wise men generally loved and revered sit at the council Table, and let the public advice of Parliament sway above all private; let our laws be in the Custody of learned, and uncorrupt judges, and let our Militia be under the Command of such renowned Patriots, as she preferred in her days; and our Accommodation is more ample, and beneficial, than any we have yet desired. But our Replicant will suggest, Be you such Subjects as Queen Elizabeth ruled, and King Charles will treat you▪ as Queen Elizabeth did her Subjects: do you right first to the King and the King will not fail to do right to you. Here is now the main Question indeed, which rightly solved, would solve all, whether these deplorable miseries, which have of late vexed and grieved our three Nations, have rather happened from the Change of the People, or from the Change of the Prince.  
And most certain it is future Ages will conceive no great doubt, or difficulty to be in this Question: but now it is mortal to dispute it: it is scarce lawful to suppose any thing herein, Though supponere be not ponere but by way of supposition, I will only plead thus: if the three Nations have by I know not what fatal posture, and congress of stars, or superior Causes, declined from their allegiance, and degenerated into unnatural obstinacy, and turned recreant, and contrary to the sweet Genius, which was ever in their Ancestors, they are bound to submit to the King & to put in him as full and absolute a Trust, as our Parents did in Queen Elizabeth▪ but on the contrary, if miscarriages in government, and the pernicious counsels whereby our Princes have been guided, have overwhelmed us in these inundations of blood, and mischiefs; the Alteration, and Reformation, aught to begin first in the King, and He cannot expect that we should trust him so far as we did Queen Elizabeth until we are assured as fully of his protection as we were of Queen Elizabeth's; but suppose there have been ●aults on both sides, can nothing but the sword rectify our faults? I never yet heard that any Prince was forced to a war with any considerable part of his own Subjects, but that he had an unjust cause, or might have determined the strife without blood by some politic Comply●nce if he pleased. It is not so common or probable in nature, for Nations causelessly to rebel, as for Princes wickedly to oppress: and when arms are taken up on both sides, it is not so safe for Subjects to yield, as for Kings; nor can Subjects so easily reduce Kings to a peaceable agreement, and cessation of arms, as Kings may Subjects for the sparing of blood. King's can make no composition almost dishonourable, or disadvantageous; but Subjects being fa●●e into the indignation of revengeful Princes are necessitated commonly to this choice, either to come forth with halters about their necks, or to fight upon great disadvantages. as Rebellious as the Subjects of Rehoboam were, a kind, ●ay, a civil Answer might have retained them in their allegiance, and yet if their terms had been full of insolence, and their Capitulations more unreasonable, yet Salomon's councillors would have persuaded Rehoboam to yield to necessity, and to master that multitude by some fineness of wit, which he could not Tame for the present by violence; And certainly he showed not himself the Son of Solomon, that wo●ld not purchase an heredit●ry Empire over a gallant Nation by being a Servant for one day, that would quit ●is own policy, because the multitude had quitted their civil●tie, that thought that compliance which should gain a sceptre more dishonourable, than that Contestation which should absolutely forfeit one. How easy had it been for the great, the wise, the terrible Philip of Spain, to have prevented the total defection of so many goodly Provinces in the Netherlands: and if it could not have been done without something which is ordinarily accounted below, a K. would not that have been more honourably done by him, than the casting away o● so brave a Dominion, a●d the casting after that so much blood & treasure? That King of France was far wiser, and sped better, which satisfied himself in his struggling through many difficulties with this maxim, That a Prince can lose no honour by any Treaty▪ which adds to his Dominion. Infinite instances might here be alleged, but they are needless. God send our King truly to represent these things to himself, and rather to trust plain, than pleasing advice. God open his eyes, that he may see how honourably, and easily he might h●ve prevented these calamities, and may yet staunch our bleeding wounds, and how much m●re difficult it is and u●safe for the Parliament to compose things u●lesse he or rather his Party be equally disposed to harken to peace. H●●. the 4. was as wi●e▪ as vali●nt, and as just a Prince as ever was Crowned in Eng●and, and no Prince ever had by experience a more perfect understanding of the English Genius: yet he in his death be● (where dissimulation uses to be laid aside) in his last advice to his own son an ●heire (whom it was not likely he wo●ld willingly deceive) ●●ciph●red the English Nation to be generally observant of their Princes, and whilst they were well treated, and preserved in Peace and plenty, most incomparable for their per●ect inviolable loyalty, but of all nations the most unquiet under such a ha●sh rule, which should render them servile, poor and miserable▪  
This he had abundantly proved, and found true by the woeful deposition of his unpolitic Kinsman and predecessor Rich▪ the 2. and his own prosperous, and glorious reign, and many strange traverses of Fortune, which throughout his whole reign. He was forced to encounter withal. His scope therefore was to recommend to his sons charge this Nation both as duti●ul●, and as generous, of whose loyalty he needs not to doubt, so long as his justice was not to be doubted. O that this most Excellent Prince could be again summoned from his peaceful Monument to repeat the ●ame advertisements in our sovereign's ears, and to justle out of his presence these blood thirsty Papists and Malignants, which use all possible art to stain the peopl●s loyalty, and to candy over all his actions, intending thereby not to reconcile the people by procuring grace from the King, but to confound both King and people, by fostering enmity between both? I will only add this by such instigations, as our Replicant and his fellow Courtiers use, the King cannot be happy, but by the uncertainty of war, that is by making his subjects miserable: but such traitors as I am, if our advice be entertained, propose to the King a more certain way to happiness by Peace that is by making his subjects yet more happy; but our Replicant ●●ith, the King is willing to condescend to any thing, but you will admit of no reconciliation, except the King will remove those servants, whom he had found most honest and faithful in his afflictions, and prefer you undeserving in their place. Here is the grand knot indeed, we oppose such as have been the Counsellors or instruments of such and such designs: the King, saith, they are his friends, and he cannot abandon his friends: 'tis confessed, the King ought not to abandon his friends, but the King m●y err in the knowledge of friends: and as he ought to protect his friends, in whom he cannot err; so he is not bound to protect such as he merely thinks his friends, and in whom if he will believe the voice of the people, he is very much deceived. We have as much interest in the King's friends and Counsellors as we have in our Laws, Liberties, lives, any thing, for we know we can enjoy nothing if the King shall own those for his friends, whom we know to be our enemies, and account of these as good Couns●●ls, which we know to be treasons against the State, that Prince that will be arbitrary and rely upon his own mere opinion, and discretion in the employment of Counsellors and Ministers of State, having no regard to public approbation therein, is as injurions altogether as he that will admit of no other Law, judge, nor rule in the propriety and liberty of his subjects, but his own breast only.  
It will be replied, not fancy, but sense teaches this, that he that obeys the King's commands, and fights under the King's standard is more a friend than he that disobeyes, and fight against the King: this is demonstration, no error can be in it.  
I answer no, 'tis most false, Scripture and reason manifest it to be most false.  
Doeg did obey Saul, when all his other servants denied obedience, yet even in that obedience he made himself culpable, and his master abominable, whereas the other servants of Saul were dutiful in withholding an unlawful duty.  
So those 3000 soldiers which marched out after Saul to take away the life of just and uncondemned David, they were instruments in a base disservice to Saul, they are not to be justified for this service; whereas those 600 valiant men which accompanied David in his dangers and afflictions and were ready with their sword drawn to guard that innocence, which Saul himself should have guarded are not to be accounted false to Saul but true to David.  
And the mere presence of Saul on the one side, did not make the cause unjust on the other side, nor if himself had fallen by rushing oftentimes, upon defensive weapons, could that horrid guilt of his death, have been imputed to any but to himself. Cursed therefore, yea thrice cursed be these miscreants, which engage the King in this war against the Parliam not without hazard of his sac●ed Person, if they be private persons and have not sufficiency to decide this great controversy betwixt the King and Parliament.  
For my part I dare not pronounce sentence, neither for nor against the Parliament, as the Replicant without all scruples doth in all places; but I may safely say, that if the King does, though in person, unjustly wage war against the Parliament; the E▪ of Essex and his Army may far more lawfully fight in defence of that supreme Court, than David and his followers did for the protection of one innocent private man.  
And taking the controversy as undecided, 'tis not apparent who fight for or against the King, and the King may himself as lawfully claim to be sole supreme judge over all single and universal persons, and over all Laws and Courts, and in all cases whatsoever, as to claim any man a Traitor for serving the Parliament in this war; and this if he claims, what privilege remains to Parliament, what limits remain to the Prince: what liberty remain●s to the Subjects?  
'Tis not only then traitorous, but ridicul●u● in the Replicant to assume that su●rem●cy to himself which is d●nyed to the King by condemning the Parliament and justifying the King's party in all passages of this War, we wh●n we except against the K●ngs party, asperse not at all the King's person, and the Law it ●elf makes ever a distinctio● betwixt the King and his agents: th●ugh our Replicant will not allow any such severance▪ but betwixt the P●rl●am. and its instrumen●s no such severance is except for the worse, for there pejor ●st author quam actor, but says the Replic●nt. 'Tis the unhappiness of the King that he hath a par●y; 'tis the fault of the Parliament, he desires and aught to have the whole. See here 'tis the Parliaments fault that Per●y, Digby, Winter, Montague▪ Cro●●s, Killigrew, and many other of the Quee●s devoted Creatures are preferred in the King's favour before the Parliament. And 'tis the Parliaments fault, that Rivers, King▪ and the Titular Cou●t of the ●alatinate with s●me other Irish Papists ●●●ly come over have the honour of the Court, command of the Cam●, and spoil of the Kingdom to reward them, whilst Manchester, Hambd●n▪ H●llis, ●im, Strod, Haselrig, are designed for the ●l●ck, and that u●on such charges, as shall entangle almost all the most eminent Gentry and Nobility, as well as them, That this is the King's unhappiness is agreed, but that this is the Parliaments fault is not proved by the Replicant, and we are not bound always to abate him proofs in matters of this consequence. D●ubtlesse we are likely to expect great performances from ●arliaments hereafter if it shall be guilt in them that they are rejected, and if they shall be rejected only because other more favouring courtiers pretend better affection to the King's private advantage.  
The actions of Popish and Malignant courtiers, cannot represent them more friendly to the K. than the Parliaments. No honour or prosperity has followed hitherto thereupon all their diff●rence is that their single professions of Love are more credited, than such as are credited by the Votes of the Generality, and attestations of Parliament.  
Howsoever though many men do think, private advice and testimony, to be more valuable, and sit for Princes to harken too, then public, I never till now heard, that it was a fault or blam● i● Parliaments to be less valued or accepted then priva●e p●rsons.  
To what purpose is it said? that the King ●ught to have the whole: it is our c●mplaint that the King will not accept of the whole: and it is the Replicants complaint, that the King is not suffered to enjoy the whole. This shall reconcile all: let the whole be received as the whole; and every part as it is Major, or Minor be entertained in grace and equipage proportionably, and this difference is composed.  
10 But says the Replicant, the King's 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 claims 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 ●f State, not Law: and this places an arbitrary power in them, a●d makes ordinances equal to acts of Parliament.  
He●re in a brief su●me all that ever has been spoken, or can be spoken against the Parliament; and all this is grounded upon an ung●a●●ed proposition, that the Parliament has no right to defend itself: For if it be lawful for both Houses of Parliament to defend t●emselves, it must of necessity follow, that they may and must imprison, levy moneys, suppress seditious preachers, and make use of an arbitrary power according to reason of State, and not confine themselves to mere expedients of Law. Enough has been said o● this, 'tis imp●ssible that any wise man should be opposite herein, and the King's party have more recourse ●o reason of State, and arbi●ra●y power by far than we have.  
But i● it be said, that the Houses abuse arbitrary power in imprisoning, ●evying moneys &c. cau●●l●sly; this is a false calumny, and not t●●e granted without particular and pregnant proofs, of which the Replicant produces none at all, were it not for this great noise a●d boast of Arbitrary power, our Academians would want matter to st●ff● their in numerable pamphlets withal: and the sillier sort of Malignants would want ●uell to feed their enmity.  
And yet we know, Arbitrary power is only dangerous in one man or in a ●ew men, and cannot be so in Parliaments at any time; much less in times of public distress: for than it is not only harml●ss●● u●necessa●y.  
The House of Commons without the other States hath had an arbi●rary power at all times, to dispose of the treasure of the kingdom, and wh●re they give away one subsidy, they may give 20▪ and where they give 50000● at one subsidy they may give fifty times so much, and all this whether war or peace be.  
Y●t when did either King or Subject complain of this arbitrary power? Nay if any parts of the Kingdom have repined at the abuse of this arbitrary power, and refused to pay subsidies 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 enlarge the King's prerogative, beyond a measure; they may repeal our great Charter, the Charter of forests, 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 groans under, nay, & they have often been with force and all manner of solicitations almost violented into it: and yet notwithstanding all this, we are neither terrified nor endangered at all by this arbitrary power in both houses.  
To have then an arbitrary power placed in the Peers and Comm. is natural and expedient at all times, but the very use of this arbitrary power, according to reason of State, and warlike policy in times of general dangers and distress is absolutely necessary and inevitable: but 'tis a great offence, that both Houses should make ordinances generally binding.  
They, which would take from us all means of defence; if they could dispute us out of the power of making temporary Ordinances h●d their wills upon us, for defence without some obliging power to preserve order, and to regulate the method of defence, would be vain 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 lawful, 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 forbear it, only rehearsing some railings, 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 bloodshed in the City, when the Petitioners under the pretence of seeking for Peace, had many of them plotted dissension, and this his Office is styled the stifling of peace in the womb.  
The City Preachers are railed at, for satisfying our Cons●ie●ces in the justifiableness of a defensive war, for this they are charged to fight against the King in the fear of God, and to turn the spiritual Militia into weapons of the flesh. The framer of the Answer is railed at for giving the Petitioners just satisfaction in peaceable language. Though his words be confessed to be softer than oil, yet 'tis said, that the poison of asps is under his lips; he is called a Catiline, the firebrand of his country, whose sophistry and eloquence was fit to disturb a State, but unable to compose or settle it.  
The judgement 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 appear by the arguments of this ●ell Replicant. Whereby it is now seconded. That the name of an accommodation was pretended to force the two Houses under colour thereof, to cast themselves upon a mere submission, or to be made odious, and looked upon as foes to peace, which was a Scylla 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 soul of that man which thirsts for a firm Peace, may not dislike these practices of pretending to it; and the soul o● that man which hates peace, may not make advantage of the name of peace, let all wise men proved and examine.  
FINIS.