COVNTER-VOTES: OR, AN ARRAIGNMENT, AND CONVICTION OF THE VOTES AT OXFORD. BEFORE I enter upon the Votes or Resultes of that Privy counsel at Oxford, it will be wisdom to inquire, what they are, what authority they have, or from whom, that made them; Whether that they are, or were the Members of this present Parliament here at Westminster; whether they were convented anew by the King, or Assembled themselves together without any calling. If they are the old Members( which for their rottenness were rescinded least they should destroy the whole body) then no Members of this Parliament; for a Member cut off, is no part of the body: Therefore the King could not in pursuance of that Act made this present Parliament, adjourn the Parliament to Oxford by their consent. If they be a new Convention, why yet no Parliament, for that were to dissolve the Parliament here at Westminster without their consent, which His Majesty hath bound himself from by that Act( if Acts of Parliament bind them at Oxford.) And therefore it is Resolved upon the question, and this Nemine contradicente too, that that Assembly or Juncto at Oxford( baptize it by what name you will) is a mere Convention of private men, who have assembled themselves together in the behalf of the King and kingdom, to Vote point blank against the peace and happiness of both. Hence learn true Subject that Oxford Votes( especially if Her Majesty be not present) do not bind thee to Obedience. Therefore exchange not your money or Plate for privy seals( which carry no better credit then formerly) without you would be Voted out of all your substance. The truth is, they have already Voted you out of your Religion, Lives, Liberties, and Estates; and( if you bee not the more vigilant) will are long, vote you out of your God too. And are not those prodigious and Dyabolicall Votes, which will not suffer you to enjoy Heaven, or Earth, or the blessings of either. Hence again we are to be instructed, that these Votes of that privy counsel( now set up to outface our Parliament) are a mere scandal and libel against our Parliament, and deserve to have an eternal brand of infamy set upon them. What a private Juncto or Affembly( for I would fain allow them to be something) stand in opposition to a Parliament? out upon it, for shane leave off your Voting, posterity will blushy to hear it. Or if you will Vote at adventure & contradict a good conscience for fear of a Female frown, or a Gibbet jogging you at the elbo, you must then give me leave to tell you, that this is not Parlar la ment; but a forced scandalous illegal suffrage, which cannot pass Nemine contradicente. And therefore to pass my Vote upon yours( for I think both equally bear the badge of Authority) and to begin with the Title; Votes at Oxford. It is not told you by whom, whether by that Anti-ck Parliament, or by Her Majesty( the new created thing of Yarmouth being also privy and consenting) or by bristol, Cottington, and Digby, with the rest of the Spaniolised and papistical Faction; or by the Court Mad-Dames( who I must tell you have great share in the Votes at Oxford) or in fine whether by part of the Juncto for the whole, for it is most certain, many of them Vote by an implicit faith, and so believe and Vote what they understand not, others Vote by restraint and compultion, and so Vote what they would not. But be the Votes made by whom they will, they are the Votes at Oxford,( and he shall be mounted a story higher that dare contradict it.) But what if this Juncto be composed and made up of Lords, Ladies, and others, as common as themselves, who join in Vote; suppose for the raising of men and money, must this bind the honest Subjects of Oxford: Resolved upon the Question, that it must; and he that dabes oppose it, shall have his fortune advanced above the Gates of the City; and is not this a most exact and ready way for the raising of men for Her Majesties service. 1. It is resolved that the Subiects of Scotland who consented to the Declaration of that kingdom concerning the present expedition into England, have denounced war against the kingdom of England, and broken the Act of Pacification. How, have denounced war against the Kingdom of England? What a paradox is this; I would have this Assembly understand, that our Brethren the Scots know when they have a warrantable authority for their advance; when not; neither are they ignorant, what it is to denounce war against this Kingdom, what not. To be sent for by a Parliament, and to come in their aid; and yet to denounce war against them; by one and the same Act to fight for, and against, cannot be made good by Berkenhead, no not by all the Sophistry at Oxford. But the truth is, they have therefore denounced war against this Kingdom, and broken the Act of Pacification; for that they refused the rich tender of the addition of many English Counties, to their Territories, and the magnificent plunder of this city, and would not for so large a reward, take up arms against the King and Parliament, which would consequently tend to their own destruction; this( if any thing) is the breach of the Act of pacification. But had they come at his Majesties command, and taken up arms against the King and Parliament, this had been no breach of the Act of pacification, vary but the persons, take but the King from his Parliament,( by whom he ought to be advised) and join him with a Privy counsel( with whom he ought not to consult) and then let the Act or Vote be what it will, and who will submit thereunto, all is lawful. But be advised to spare your Votes, least you corrupt the air, and be enforced to desert the Oxford climate. And know this, that our Brethren the Scots, are so well advised and satisfied in conscience of the truth, and integrity of their action, that it is not all the breath in the Convocation at Oxford, can Vote them back again. 2. Resolved, That all such of the Subjects of Scotland as have in a Hostile manner entred into the town of Barwick upon tweed, have thereby broken the Act of Pacification. It cannot enter into my most serious thoughts which way the privy council at Oxford could make this resolution; without it were upon this ground, that because by that Act they were not to invade this kingdom as Rebels and Traytors, that therefore they might not come( being sent for) as friends. Or I rather believe that they have made this construction upon that Act,( for they at Oxford are excellent at corrupting of Texts) that the King may sand for them, to fight against himself and his Parliament, and if they shall then enter the town of Barwick, this is no breach of the Act of Pacification; Mandat Rex, that is a sufficient Supersedeas to that Act; But if the King and Parliament shall sand for them to take up arms in defence of His Majesty, their laws and Liberties, and they then enter berwick, there the Act is infringed: So that the truth is, the King may do whatsoever his will leads him to, but the King and Parliament nothing. And this is but the old prelatical design still driven on, to advance the King above his laws and Parliament, that His Majesty may be all, and his people nothing. But I hope ere long the Scots will put you quiter besides your Voting, and instruct you better, in the language of their Cannon, what it is to break the Act of Pacification- 3. Resolved, That His Majesties Subjects of England and Wales are by their allegiance and the Act of Pacification bound to resist and suppress the Scotts, &c. as Traytors and Enemies to the State. Did ever men play fast and loose as you do at Oxford; their voluntary entering the kingdom in defence of their Religion and Liberties, against that Tyranny that the Prelacy had caused to bee exercised over them, by the judgement of this Parliament( of which you were once part) did not entitle them Traytors or Enemies to the State: and are they now to be opposed and resisted as Traytors, when they have the authority of the King and Parliament for their justification. No Traytors if they enter the kingdom by their own power and authority, or upon the command of His Majesty, but if they enter by the authority and command of the King and Parliament, then they are Traytors and Enemies to the State; very good Doctrine; what will not this Juncto at Oxford Vote? since neither Law nor Reason can work upon their judgements. But what affinity or relation betwixt a Parliament and a Convocation? pray sirs, you that are the pretended Parliament at Oxford, if a man should make so bold with your wisedoms, as to interrogate you, what you conceive of those Irish blood-suckers that were sent for over( through your advice) whether they bee Traytors and Enemies to the State or not? what would you say? I am confident your judgement would make this reply, that they are His Majesties good and loyal Subjects, my and you would Vote them so too, contrary to your Votes and Resolutions this very Parliament; and yet His Majesties most faithful Subjects the Scotts, are by your Votes Traytors and enemies to the State. O the horrid corruption of these men that stop their eyes against clear light, and will not suffer either King or people to be undeceaved. Well it is resolved that Newcastle( that quondam Prince of the North) dares not resist the Scotts, but is plotting and contriving which way he may most conveniently and securely steal from them. And it is further resolved upon the question, that whosoever shall dare to resist or oppose them( notwithstanding the Vote of the thing at Oxford) shall be handsomely and most exactly beaten for their pains. 4. Resolved, That all such, &c. that shall be abetting, aiding, and assisting the Scotts, &c. shall be deemed and taken as Traytors and Enemies to the State. Seeing that neither your strength nor policy can prevail to work us out of our Religion and Liberties, do you think that your breaths or Paper Votes can affrighten us? That what the Thundering of Proclamations and ingenious Cavells of Declarations cannot do, that your Votes will accomplish? No Sirs, the Scots in spite of opposition) advance still nearer and nearer towards Oxford, and find more aiders and assisters every day then other, who intend with all convenient speed to visit you, and if at their approach, they shall find you thus doing, your condition will be very miserable; therefore take this wholesome advice( whilst there is hopes of mercy) repent, recant, and repeal your Votes( wee know you have liberty of conscience to say any thing) that the Scotts friends may prove yours, and these may not be your severe Judges hereafter. 5. Resolved, That all His Majesties Subjects of Scotland, are bound by the Act of Pacification to resist and repress all of that kingdom that already have raised arms or shall rise in arms to invade this kingdom of England, or Dominion, of Wales. I here is one of the Oxford Stratagems, which they have digged as deep as Hell for; divide and overcome, t'is the Devills maxim; before they labour to set us against our Brethren( whom posterity will ever honour for their zeal to the common cause) and now they approach nearer home, and endeavour( as much as lieth in the power of their Votes, which is nothing) to make them dash one against another. No underminding treacherous attempt left unassaid, whereby they might possibly divide us from our Brethren, our Brethren from us, or ourselves fromt one another. Well, go on brave Spirits, and prosper; Let not the policy of the Enemy disunite you one from another; by a strange persuasion that you are bound to cut one anothers throats, because no body else will do it for you, but let their spleen( which they belch out against you) be a ground of courage unto you, and their Votes make you vow sincerity, celerity, and constancy in this great work; and so Heaven bless you and preserve you in the day of battle. These Votes passed all Nemine contradicente. Which if true is very remarkable; and very rare, that so many Votes should pass such a number as they say the pretended Parliament is at Oxford without the contradiction of any one person; but the truth is, I never knew any unlawful assemly, but hangs together; there is a combination of evil in it; nay there is a bond of brotherhood in evil, which is not easily broken. And this casts shane in our faces, that wee should not be as firmly and as indissolubly united in a good cause, as they at Oxford are in a bad one; who because the enemy cannot destroy us, cast down ourselves by our own perfidious treacheries. Not a Vote at Oxford, but passes none contradicting. Let them but put it to the Vote whether wee shall have Superstition and Popery in the Church; or absolute Monarcy & Tyranny in the State, it is presently resolved affirmatively Nemine contradicente. Would the King be supplied with plate and money for to buy arms and Ammunition for to destroy his good Subjects; Let them but put it to the Vote which way this shall bee done, the loan of a hundred thousand pounds passes forthwith: Nemine contradicente, to be raised by way of Privy seal; upon which the Subject may subscribe, so much I gave to his majesty; this is the old private way of pillageing the Subjects purses out of Parliament, and doth the pretended Parliament turn plunderers too? Doth his majesty want men, & those such as would kill his good Subjects after an exact methodical, extraordinary manner, Let them but put it to the Vote( if Papists here in England will not serve turn) it presently passes Nemine contradicente, that so many thousands of barbarus cruel bloodthirsty rebells shall be conveyed over into England, to finish that horrid Tragedy here, which they have begun in Ireland. Thus you see their constancy & unity, that nothing passes the Juncto with the least contradiction. A good lesson for us at London, and so I pass to their Vote● upon our Parliament. Resolved upon the question, Nemine contradicente. Here they combine together against England, as well as Scotland, and hope( before they leave convocating) to Vote them both unquestionable miserable. But let them know, that shall never be accomplshed, Nemine contradicente. No wee doubt not but our Parliament will ere long Vote down that Privy counsel, that convocation, that Junto, that Conventicle, that what you will at Oxford. The result That the Lords and Commons now remaining at Westminster that have given their Vote or consents to the raising of Forces under the earl of Essex or have been abetting, aiding or assisting thereunto, have levied and made war against the King, and are therein guilty of high Treason: That the Lords and Commons now remaining at Westminster &c. Are guilty of high Treason; not those that were there, and Voted or consented to the raising of Forces who since departed this world, and are gone to Oxford, No, these are not within the Verge of this Vote; these are not guilty of high Treason; what they guilty of high Treason at Oxford? no, by no means. Tis his Majesties best and most loyal Subjects now remaining at Westminster who only bear the burden of that Vote, Yet by the way let me tell them, that then had the honour to be Members of our Parliament, and are now admitted private Votaries of that thing at Oxford t'will not be safe confiding in your Bretheren of the Junto; discontents, jealousies, ambition, or emulation may court you; and then you at Oxford shall be Voted Traitors as well as wee, for had you been guilty of any such crime, tis not the Oxford air can purge you. Here we may see the Judgement of these men; that it is not the consenting to the raising of Forces, but the remaining at Westminstet, that makes our worthies( in their sufferages) guilty of Treason, let them but step aside to betray both King and Country, kiss her Majesties hand, or ingratiate themselves with Henery of Yarmouth, Digby, or any other of her Majesties Servants to the quick; they shall Ipso facto be Voted into the Assembly; where if they will join in the Voting in of Superstition and Popery, the Voting down of our Parliaments, laws and Liberties; and the Voting up and extoling of an exorbitant illegal Prerogative, against all rule and reason, then they shall be no more Traitors, but his Majesties best and most loyal Subjects. Resolved that the Lords and Commons now remaining at Westminster that have given their votes and consents for the making and using of a new great seal, have thereby counterfeited the Kings great seal, and therein committed high Treason. All their Resolutions run with the same currant; The Lords and Commons remaining at Westminster; I, that is their plaguc indeed, that they still remain at Westminster; and wee trust shall do, when there will not be the least relic of that convocation at Oxford. But now the great seal pricks their consciences; and that begot this Vote. Do you think that it was not high time to make a new great seal, when that the old one cared not into whose custody it came, nor what it did? while Endymion that quagmire or overgrown piece of iniquity was Keeper, what Popish, prelatical, jesuitical papers or Proclamations were then issued forth? as if the great seal itself had resolved, to stamp nothing but Popery in this kingdom. How were our worthies, for their indefatagable care and labour, for establishing of the Throne in honour and renown, and for settling of a true understanding betwixt his majesty and his people; and uniting of them both in a constant peace and affection one towards another; traduced and scandalized as Rebells and Traitors to the King and kingdom? when as those cruel unparalleled monstrous rebels of Ireland, who have dethroned his Majesty and barbarously and most inhumanly massacred and destroyed his people,( the only wealth and honour of a Prince,) were invited over by Commission under the great seal, to act the like in humanity here, by the amicable appellations of his good and loyal Subjects. Wee could also tell you of illegal Commissions of Array that Issued forth under the great seal, but this doth sufficiently attest, that the old seal was grown very infirm, & had entred into the yeares of dotage, & therfore it was high time to make a new one. And if it be high Treason for the Parliament to make a new great seal, a more then probable means of preserving of our Religion and Liberties, of the Kings majesty, and his dominions from that destruction threatened by the old seal, then are the Parliament highly guilty of it. Resolved, that the Lords and Commons who have given their consents, or have been abetting, aiding, or assisting to the coming in of the Scots, &c. have there in committed high Treason. Here you see it is made a trisle to Vote a whole Parliament at once Traytors; though it passes Law and reason to maintain it. And is it Treason for the Parliament to require the aid of the Scots in the defence of King and Parliament? what then is it in those that counseled and advised His majesty to call for their assistance, with the engagement of so great reward( who had more Religion then to be so fettered) to fight against & oppose( under a faire colour and spetious pretence of fighting for) the King and parliament? I, what then are they, that advised his majesty to make that bloody and fatal pacification in Ireland, & to call thence those savage rebells to act their buchery here, that they might the more speedily and exactly finish the loss and destruction of both kingdoms? Is it Treason to call friends into the kingdom, and is it not treason to call Rebells? Therefore be admonished O thou thing of Oxford to rejudge review thy former resolutions, to see whether thou canst make them run parallel with the rule of reason and sound judgement. Resolved that the Lords and Commons &c. Who have committed the crime mentioned in the three former Votes, have therein broken the trust reposed in them by their Country &c. I here is the old engine and the very Epitome and abstract of mischief again revived, can they but infuse or insinuate this into the hearts of the people, that our worthies of Parliament have infringed the trust reposed in them by their Country, then all is their own. Sirs do but believe this, and you shall quickly be made instruments of your own ruin: you shall purchase your faith, with the plunder of your Coffers, and the destruction of this City and kingdom. Is the raising of an 〈◇〉 under the earl of Essex: the making of a new great seal, & the bringing in of our Bretheren the Scots; and all, in the defence of the Kings Majesties person and just power, our Religion, laws, and Liberties, a breach of the trust reposed in them by their Country? if ever this doctrine be received or approved of by others then by Papists, Atheists, and Ignorant seduced Brittaines; I'll be their bond slaves that preach it, if that be a breach of trust, let the best and most sage Headpeeces in Oxford resolve me( if they can) what is an execution of it. Sirs wee are to well grounded in our experience and belief to bee catched with such weak and obvioussnares as these are; tis not your Votes can entangle us: such as have approved themselves loyal and faithful to God, their King, and Country, shall( let the mouth of malice open never so wide against them) be honoured and renowned to all posterity. Resolved that all the endeavours and offers of peace and Treaty made by his majesty, by the advice of the Lords and Commons of Parliament, assembled at Oxford, have been refused and rejected by the Lords and commons remaining at Westminster. No wonder if such offers and tenders of peace return empty handed and loose their errand, if they come with such inscriptions as these are, by the advice of the Lords and Commons of Parliament assembled at Oxford; what such as are impeached for Treason, such as have not only broken the trust reposed in them by their Country, by their absence, but also by their evil counsels; such as have either actually and in their own persons, levied war against the Parliament, or have been counseling, abetting, aiding, or assisting thereunto; what such still Lords & Commons of Parliament: can it be thought by the most common understanding, that these men ever expected to see or enjoy, what they pretended to desire? it cannot be imagined. No, the Junto knows how to qualify their demands, so that they may return ineffectual. They know what seemingly to require, I and when and after what method too, which they neither can, nor would have granted: or at least not after that maner that tis requested. They offer impossibilities, when they would court & deceive the vulgar by tenders of peace; which to some( through the poverty and calamity of the times) seems sweet, though never so unreasonable. Dulce nomen pacis; the very name of peace savours sweet in the time of war. And the truth is, tis no wonder if people so much desire it, for it is the very Cornucopia of all terrene & sublunary happiness; and therefore may he perish; may a perpetual war in his Conscience be his Curse, who desires not so great a blessing. But know, that relapses are most dangerous, and therefore under the disguise and Visard of peace, to consent to that which may increase our flamme, and reduce us to a much worse condition hereafter, far be it from us. Wherefore let them Vote our refusal of the tenders of Peace; thereby hoping to counterfeit their Forces( for you must know they seek their own, not the Common good,) I doubt not their increase will be as small, as their hopes are great; policy against God never yet prevailed. If you would have Peace, seek it in the right way; we will with all our souls join with you, otherwise may war be our Portion.