A DISCOURSE UPON THE QVESTIONS In debate between the KING AND PARLIAMENT. HAving been a by-stander, and observing so well as I could, how this great game hath been played on both hands, between the King and Parliament: I have wondered to find (considering the Declarations on both parts) that with great expense of time and money they have made a shift to argue themselves into a Civil war. And the wonder is no less to hear the variety of opinions; some asserting his Majesty's proceed, some the Parliaments, and some affirming that the thing in variance belongs to neither, divided from the other: for (say they) it is but who shall rule Arbitrarily, in cases to which the Law hath not fully, or not at all extended; which the King calls his Prerogative, the Parliament (as matters now stand) theirs. To take the better view of the present differences, look a little way bacl upon the actions of precedent times. It hath been the general belief of this Nation (upon what reason I cannot judge) that the design of his Majesty's late Father King james was to wound up this Government to the height of France, the better to hold correspondence with foreign Princes, whose power increasing their riches, and both together their reputation, it was a shame to be left behind, but finding the times averse, and being the best ginger in the world what the success should be of his own Actions, he betook himself to the satisfactions of his age which he could acquire, and left the compliment of this to his Majesty that now is, in whose person were concurrent a title indubitable, settled by a succession, and the activity and glory that is inseparable to youth, and the fresh assumption to the Throne of three Kingdoms. The first dissolved Parliament (to stumble at the first step) seemed ominous to some, others took it for a trial, and in pursuance of the design. And the rather for that (his Majesty's Protestations to govern by the Laws, and his late answer to the petition of Right notwithstanding) the exaction of Loane money immediately following, the erection of Monopolies, and the forcible taking of the Subsidy of Tonnage and Poundage, begat an universal diffidence in the people of his Majesty's personal promises, and an opinion, that his best resolutions were easily overthrown by the counsel of others, and so consequently that his Actions were not his own: which opinion true or false, when ever it got belief, hath proved fatal to the Princes, or to the people of this Kingdom: For the Nation hath hated to be governed by many Viceroys, and resents no insolences in their Princes so much as defects, rapes, murders, and particular depredations, being more tolerable, when the virtues of the Kingly office have a happy influence and latitude upon the whole body of the Commonwealth. And yet to speak a truth the same argument that aggravates the violations in Government may be a reasonable excuse for his Majesty (and the same that the reverence of the English Nation to their Princes hath ever used) those acts of injustice were not the Kings but his Ministers: for what other opinion could the King retain, than what the judges delivered for Law, and the Divines for Gospel; for these had made a general definition of a King, and applied it to all Princes, and those had made a general day of judgement upon all the Laws, and subdued them to the will and pleasure of those Princes: and being mindful of their own interest, and how much it concerned them to make that King absolute, whom they had hope absolutely to rule; they would needs make a King by the Standard out of God's Word, that his Subjects might be slaves for Conscience sake: And by examples taken from the Kingdom of the jews, they invested him with power essential to his Office, to use at pleasure the persons, or estates of his subjects; of a divine institution, incomprehensible by laws, if necessity require a variation and under heaven no other judge of that necessity besides himself: And having placed him in the rank of Gods gave him the like Election, to govern the world by second causes, the fit officers of nature, or by miracles and wonders, effects of his immediate interposition; by the grand Counsels, judges, and inferior Ministers of the Laws; or by Patents with non obstantes, Proclamations, and a divine Prerogative. But to say a truth his Majesty hath of late admitted a better information of this manner of Government; And hath given many Assurances by Protestation to innovate nothing, yet this satisfies not, and the reason would be examined; As also what those difficult questions are, whereof the sword must needs make the resolution. The ill satisfaction the people receive, notwithstanding the King's mighty Protestations to govern by the Laws, to defend the Protestant Religion, Privileges of Parliament, etc. springs out of this jealousy, that if it come into his Majesty's power to do otherwise, he will do so. For who can think (say they) having the same maxims in his mind, and the same council in his ear, that he hath had, that he will do otherwise then he hath done: That he will after the ruin of this Parliament, refuse the fruition of that, which hath cost so much labour, when the danger is passed: who will believe he will have recourse for aid and advice to Parliaments, when he shall remember to what sad exigents he hath been reduced by them (whereof that himself was any part of the cause shall be hid from his eyes) how a verse they are in their composition from the Genius of the Court, how apt to be misled by a few, how unfit counsellors in matters out of their usual cognizance, wanting abilities to advise, and modesty to be silent, how slow and linger the remedies are for the maladies of the Commonwealth: who will not think how much better it is for the King (if he can) to satisfy the people upon the word of a King, on the word of a Gentleman, that their grievances shall be remedied as well without a Parliament? who will not believe he will rather choose to be the father of a Militia of his own, who receiving their livelihood out of his Coffers, shall help to fill them; by whose hands he shall have power to mow the fertile meadows of Britain as often in a Summer as he pleaseth. And what shall hinder? the Law? no; there shall be the same imminent necessity that was pretended before, and there shall not want both Divines and Lawyers, that shall say the King and his private Council are sole judges of that necessity, shall the King's Promises and Protestations hinder? I cannot tell, it may be so, I wish the people of this Kingdom had such confidence in his Majesty's personal promises: but if the King cannot himself tell, if no King nor private man can tell, how his Counsels and resolutions may change, when the state and condition wherein he made them is changed: if humane nature easily relapse to those things that it loves, and if the resumption of such illegal power, suggest not only the sweetness of riches and Dominion, but by false arguments comes apparelled with necessity of the kingdom's preservation, I know not whether naked words subject to so much variety of construction will be of force to resist so great temptation. Hazael being but a private person thought himself much injured when the Prophet made that cruel Character of his future behaviour, Am I a dog? yet he was so dogged, and few (perhaps) that knew him would ever have thought it. Therefore if his Majesty will have those promises believed, let him not apparently go about to place himself in such a condition, that he may break them at his pleasure. I know the Allegations for the manner of his Majesty's present proceed are, first the just vindication of his royal Prerogative (whereof it is pretended violation hath been made to the prejudice of himself and the people) and wherewith he is trusted by God; which trust he may not desert, for God's sake, his own, and the peoples. For the Prerogative of Princes (so much talked of, and so little known) it may in brief be said, That all Princes have gained Dominion by force, or by bargain, (For to say that Adam, if he had lived to this time had been King of the whole world, and therefore the King is first in order before the people, his natural Vassals; and production, is an Assertion invented to flatter Princes, for all men know that the multiplication of Colonies in Regions fare distant from the first roots of Nations, must impel the necessity of erecting many independent governments, and the necessity will be as great for the independency, as for the multiplicity) therefore by force or by contract they must commence; Dominion got by force, is kept by force, and styled Tyranny, or else it dissolves into Government by contract, and so takes a lawful for me. Therefore of the nature and latitude of the Prerogative that rests in the hands of a Prince, that comes in by agreement with the people; is the now dispute. It may be defined thus: A power to see the Laws put in execution, and to do that which is good for the people in cases to which the Laws have not yet extended; if there were no Laws (as perhaps there are not many in the first erection of a Monarchy) but that all were trusted to the wisdom and goodness of the Prince, yet by all the reason in the world the intendment of that trust was to enable him to do good, not to do everything. Now, where the Laws are positive the Prerogative claims no jurisdiction. The corruptions of Princes, and the extravagancies of the people occasioned Laws, for bounds and limits to both: and it is a thing out of all question, that the first contract would have left no Prerogative at all; if all future needs and inconveniencies of the Government could at one entire view have been presented to the people; but that being impossible, the discretion of all commonwealths meeting in their representative bodies, have given a flop by Laws to the progress of any inconvenience as it hath been emergent. His Majesty complains that he is divested of his legal prerogative. That is, he is denied the power to execute the Laws, with his own sense and exposition upon them: And the Lords and Commons in Parliament pray to have reduced into a Law that Arbitrary power which he hath of custom exercised, in things to which the Laws do not fully extend: or to speak shorter, they are not willing to trust him any longer with a power undefin'd, which they have found employed to their harm, but desire to have it defined and limited; that for the time to come it may be so no more; And this they expect from his Majesty as a duty of his office to the people, who if they are incapable of reason of state, yet are not incompetent Judges of what is good for themselves; unless we shall maintain the Arguments of France in England, and to the same end; That the people are altogether ignorant of their own welfare, That the King only knows it; That it is best with an implicit faith to trust him, and his Army, and Council, with the safety of the Commonwealth, and every man's life and estate, That when France is free from fear of foreign enemies, the subjects shall be discharged of the oppressions; In the mean time to make himself and his Mamalukes formidable to his neighbour Princes he hath transformed millions of Christian souls into beasts, reducing them bacl to the Elements whereof they were made, yet they must not complain nor defend their Laws and Liberties, lest they seem to resist Authority: Nor supplicate the supreme Magistrate to govern according to right, reason, and the Laws of the Kingdom, lest they seem wiser than their teachers, to be short, I hope it will never be so in England. And if the English Parliament be at sometime mistaken (as it is not to be presumed that they will be) yet they are not so much hurt by the inconvenience of that mistake, until the next Parliament rectify, as they are, if they shall be disabled from all competency to judge in matters tending to their own welfare. For the other branch of his Majesty's Allegation that the straightening of his Prerogative is prejudicial to the people: It is true a Prince of high and magnanimous endowments cannot dispense with that liberty and the influence of his excellent personal virtues, if he be too much bound up by the dead letter of the law; for the actions of some have been transcendent to all Laws or Examples; and pity it had been that they should have been confined. And (indeed) the people do lose willingly of their liberties to such good Princes, which proves unhappy to them, when worse make a title to the same liberty, by such Examples; And there is no surer a sign of a weak Prince, than to contest with the people upon these Precedents, rather seeking Examples for his purpose amongst the actions of his Predecessors, than desirous to be himself an Example to posterity. However those Princes that have surmounted all Laws in their glorious actions have been very rare, a festival that comes but once a year; which if it came every quarter, yet a good constant diet were much better. It is strange to find how defective some are in the right understanding of the Mysteries they profess, what is it that a Prince would have, (that affects not glorious vindications and conquests upon foreign enemies) to live safely, plentifully, and beloved of his people, to die lamented, rich, and of a blessed memory; this is all that can accrue to the best of the sons of men: And if Princes did not prefer their wills before their profit; if they did not shame less to pick locks, pockets, and their subjects purses, than to say I thank you; if they did not choose rather by force to justify injustice, rapine and oppression, than to have any actions of themselves or ministers called by such names, doubtless in a short time they could not choose but arrive at an almost absolute dominion. For the arguments used to divert from honest accommodations with the people, do not appear to me that ever they were entertained by those Heroic Princes that have filled the stories of all ages with their high and excellent glories, but by some of narrow and limited qualifications for government, one argument is, That if the same ways of munificence and bounty by which some Princes have ingratiated themselves, should for some descents of Princes be pursued, the Crown, regal Authority, and revenue would be destroyed, and nothing left whereby to oblige the people or wherein to be liberal. 'Tis true, indiscrect prosution hath consumed many Princes (and that is indiscreet that is misemployed and lost) it never availed (that I have heard) to the advancement of any, nor doth it extend much further than the King's chamber; nor is it any Motive of affection in the people to hear that the King is liberal of his purse to his servants and Favourites. A Prince's bounty shines in a little sphere, if compared with the peoples, as his estate is small, compared with the revenue of the whole Commonwealth; His liberality cannot extend to all his subjects, theirs may to him; it is not that virtue that exalts him in the opinion of the people. And yet it is a liberality, but not consumptive to his estate, nor destructive to his authority, but accumulative to both, Liberality of Justice, where of the impartial distribution hath raised princes into the rank of Gods. And I am verily persuaded if there should fall out to be so happy a race of Princes, who deposing all particular interests, should advance only public Justice and Utility; The Arms, traffic, and tranquillity of their people, the honour, industry, and spirit of the nations under their command; that in a few descents they would become absolute, and clearly acquitted from all obligation to Laws, or at least the execution would be so long intermitted that with much difficulty they would ever come in force, and the restitution seem as great an innovation, as of late hath been thought of Laws in force long-layed a side for want of use; And in the times of such Princes we hear no talk of prerogative, or liberty, the one is surrendered to the will of the prince, the other employed to the advantage of the people, and it is an infallible sign of great distempers in government when such disputes arise. To conclude the Prerogative is a trust which (because no Laws are large enough to meet with all accedents) resides of necessity in the person, or body politic, where the Sovereignty resides: And it is true the King is trusted by God with this Prerogative, as all in authority are in their degree to discharge themselves piously towards him, honestly to those under their command: He is also trusted by his Subjects, who do not say, they may resume their power upon breach of trust, but say, they ought not to be denied when they desire those breaches to be repaired and better fortified for time to come, and the trust exemplified into a law as occasion shall require: Nor is it reasonable for any Prince in the world to say, I have been trusted; & if I or my Ministers have not in these and these particulars well discharged that trust, yet we will be trusted still, and you shall believe that matters shall be better hereafter. What the privileges of Parliament are, is another great question, if under that term be comprised the King, the Lords and Commons, the question may be better made, what is not within the power and privilege of Parliament, for 'tis on all hands confessed that the commonwealth may dispose of itself; but if the King be divided from them, what are then privileges? truly none at all, if they cannot make a temporary provision to save themselves without the King's licence; for take away safety, and privilege is gone; If they be safe, yet if it be better known to their adversaries then themselves, and that the continuance be at discretion and good pleasure of another, if any be a more competent judge of their safety then themselves they have no privilege go at all, say what they will. Nor can it possible be that both houses have power to preserve the body of the Kingdom which they represent, if there be not an inherent essential and underived authority in that assembly to preserve itself ('tis granted in the Prince's minority, absence or incapassitie to govern, the power to preserve and provide for the state, rests in the great counsel, and their diligates, doubtless the case is the same, if it be on like manner granted that the prince is divided from the body of his people by evil counsel (to prove if the counsel be good or bad, examine the legality, it appears in his Majesties expresses: and that of most remark, is to declare law (which being denied to the great counsel, musts needs be taken to reside in the King and his privy counsel) To have the sole managing of the Arms of the Kingdom. And upon misprision of treason to sequester Members of Parliament to trial in inferior Courts. If this counsel be legal, 'tis good. If his Majesty were admitted the best Lawyer in the Kingdom: Yet if the laws of this Kingdom have reserved the exposition of themselves to the Lawmakers and not to the King the advice, to appropriate that power to himself is not good, that they have done so, precedents are not wanting where the Judges have humbly prayed both houses to deliver their sense of a doubtful law, If these commissions of Array and breach of privileges be declared illegal by them that have only power to declare law in dubious cases, than the advise by which they were done is not good, yet concerning this scruple of declaring law; It's true the Parliament cannot declare that to be law which is not: They cannot declare it to be the law of the land that my brother by a second venture shall inherit my land before my kinsman ten degrees off though thit were great reason, but they can declare that there rests no power by virtue of any trust in any person to convert the forces of the Kingdom to the destruction of itself. And they may declare it Legal to stop the advenues and approaches to such power if it be attempted, His Majesty may Array, Arm and command his subjects against the French and Spaniard not therefore to fight one against another, He may Array, Arm, and command them to suppress Rebels so legally declared, not therefore to oppress the Parliament, these are not very consequent to a reasonable man. It is not strange, nor are the examples rare to find how much Princes may be mistaken in their councillors friends and enemies; for how hardly can that man be thought an enemy who studies nothing so much as to enlarge the power, and advance the profit of his Prince, Yet the abundant services of some have done more mischief to their Masters than foreign arms or combination ever could, Was it not take for good service to invent a new revenue of 200000. l. per annum to supply the wasted rents of the Crown. And would not he have been esteemed rather a fool than no friend to the King's profit that had advised to lay that down after it was once or twice paid. Yet in his Majesties own judgement that tax had better never been. And it had never been if the advice had never been. And the advice had never been; or not been pernicious; If the King had received the same from the greater council as he did then from the less. I am of opinion though it rain not in Egypt, yet the inundations of Nilies are caused by rain in another region. And the black Clouds that hung over Scotland and their troubled waters made them think it reigned somewhere, and provide for the storm, for doubtless if the motion to absolute dominion and ruin of all laws, had not been so visible and swift in England as it was; The new Service book, had never brought so many thousands Scots over Tweed. We may then conclude upon the whole matter; That that physic was not good that brought the body of the Commonwealth into so great distemper; That the people though a movable body like the Ocean, yet never swell but when blown upon by intemperate winds; That that council which hath caused the King to stake his Crown, and the kingdoms their safety, now the third time; That hath contested with the great Council for precedency in the King's Judgement, and hath obtained it; That broke the last Parliament by the King, and would break this by the Kingdom: Is not good for us, nor for those discreet Gentlemen (if they understood their own interest) that labour so much to support it. But that in every case wherein the general state of the Kingdom is concerned, the advice that the body of the Kingdom gives, upon a view taken of itself is not only least erroneous, but by the Law not presumed to err. Neither can the suggestions made against this Parliament (indissouble but by consent) any way avail to countenance a forcible dissolution, That they have too much handled the flowers of the Crown, those that adorn the person, if not constitute the office of the King; That they go about to erect a new Aristocratical Government, or rather a Tyrannical of 5. or 600. That this Assembly is no Parliament, his Majesty dissenting; That the Major part of both Houses are gone to the King, or have left the rest, the romnant are a faction. To the first it is answered before; that those rights of the Crown which are by the positive and express Laws of the Land vested in the King to uses, are not questioned; except in case where it is manifest that the uses have been perverted; And in that case no more is required but that the breaches be repaired, and that the influences of his Majesty's Government may be transmitted unto the people by better Mediums, which is no prejudice to his Majesty, unless he imagine that he ought not to grant it, because it is desired; That he is bound to relieve the people, but not at the people's request. We will take it for granted that in any case it only appertains to our Sovereign Lord the King to defend wearing of Arms, The use of this power vested in his Majesty is for defence of himself and subjects, and can have no other intendment by Law and reason, but suppose by evi'l Council that may be about a Prince (by his own unwise Election, or God's appointment when he gives Princes bad Counsellors, or people bad Princes for scourges to wanton and corrupted Nations;) this power is employed to divide the Kingdom against itself, one Faction sees this power lodged in the person of the Prince, but never observes to what end, so sides with him. Another insist upon the end for which he was trusted, and defend themselves by Arms: Faction begets Civil war: Civil war dissolves the present Government; After follows a sorraigne yoke, if our neighbour Nations be not fast asleep, or otherwise employed: In this expectation, and in the very minute when this imminent tempest is breaking upon our heads; the representative body of the Kingdom prostrates itself at his Majesty's feet, and beseech him to change (not the Government) but a few subordinate Governors, that he will shine upon his people through transparent and unblemished crystal glasses, not through Sanguine, Murrey, and Azure, which make the Air and Objects beheld to seem bloody, and blue; Assuring him there is no other way to calm the Seas that begin to rage, and to preserve from wrack the ship of the Commonwealth wherein his Majesty is himself embarked, and is the greatest Adventurer. Now come in the malignant Counsellors and tell his Majesty that these humble Supplications will (if he yield to them) turn to Injunctions: Ease them and do them right (say they) but not at the request of Parliament; Which is no less then to place him in a condition to do what he shall think to be right; That is, what he shall be advised by them is right; That is (in many cases) what ambition, hatred, covetousness, luxury, lechery, suggest to be right: That is, flat tyranny, more absolute than the Turks. For the Introduction of a new form of Government, the Arguments are, that if the Parliament draw to itself the Jurisdiction of the maritime and land forces, the power to name Counsellors and Judges, or prescribe a rule for their nomination, To make Laws (for 'tis all one, if the King may not deny those that are presented to him by both Houses) to perpetuate the sitting of this Parliament: The Sovereignty hath (if these be allowed) made no secret but a very apparent transition from the person of the King into the persons of the Parliament men. The Subjects of this Kingdom have never had one Example of a Parliament that hath gone about to make themselves Lords over their brethren; And if they would they cannot, for when they forsake the duty of their place, and the interest of the Kingdom, the Kingdom will forsake them; and sometimes before: which though the people have dearly repent, yet it serves to prove that the subsistence of a Parliament is impossible if dominion, or any other end be perceived then Reformation and preservation of the Commonwealth. In the Minority and absence of former Kings, opportunity was fare more favourable for such a design then at this present, yet what prince was ever hurt by his infancy or absence, when they were trusted both with his dignity and revenue. And 'tis out of question, if his Majesty had been clearly concurrent with this Parliament for the punishment of Delinquents, and conservation of the peace, and Liberty of the Subject, they had never risen up into so high requests; but take the Argument at the best, it follows not that the Parliament intends to assume the Sovereign Authority, because when Ireland is in Rebellion, England in combustion, Scotland scarce quieted, France and Spain in Arms, they do humbly supplicate his Majesty to entrust, for a short and limited time, the Militia under the commands of persons of Honour, that the Lords and Commons (those whose blood and estates must defend the State) may repose faith in: yet this is not to be granted, and the fears and jealousies of his Majesty's best Kingdom and most obedient Subjects held so unworthy of any regard or satisfaction, that they are esteemed and so published for frivolous and false pretended, merely to obtain an unjust purchase out of the King's prerogative. For the nomination of prime Officers, Counsellors and Judges, I presume that request results out of the precedent misgovernment, and is intended only for this time; And peradventure the temper will be better for the people, that the King (being once environed with a wise and religious Council) appoint Judges and public Officers, whom the people may if there be cause, accuse, and the Parliament judge; nor would this branch of the King's prerogative been reached at by the people, if the Judges (who ought to be conservators of the laws, had not been the distroyers; If the counsel of a few even in Parliament time, had not involved the whole state in a common calamity; and contested with the Grand Counsel of the Kingdom, assuming to themselves more zealous affection to his Majesty, a greater care of the commonwealth, & a better dis●cerning what was necessary and fit for both, Yet the election of public officers is not without precedent in the times of former Kings; But I would not have those King's precedents to his Majesty, that such demands may not be precedent to us. Concerning the perpetual dictatorship of the Parliament, It may be demanded, why is the work prolonged by them, who ask why are you so long at work? why are delinquents protected? by what means are difficulties objected? How comes this Rebellion in Ireland? why doth the Parliament spend time in providing for their own safety? which ought to be spent in redress of public disorders and vindication of the subjects from oppression? do they pretend fear, because they would rule? let his Majesty render those fears apparently false, and concur more heartily than they in securing the Kingdom, Let him grant commissions for Ireland, let him grant Guards for the Parliament as well to secure their fear as their danger, why should his Majesty confirm their fears by discharging their Guards and attempting their persons, If he know them to be safe, let them know it also, or confute their fear to the understanding of the whole Kingdom, by granting their own ways of security, the next way to detect those apparitions of fear if they be false. And when the Religion of our church is vindicated; The, vigour of the Laws renewed; A Guard of strength and terror provided for their future preservation; The Rebellion in Ireland quelled; His Majesty's revenue examined and repaired; Particular delinquents punished; The Court of justice reform; The banks founded by the industry of our Ancestors with so much blood and treasure against the inundations of the prerogative, or malignity of private counsels repaired and better fortified, then let us see what pretence will be made for continuation of the Session still. The English Nation will not doubtless sell their birth right for a mess of pottage, Nor change the government of a Prince (time nor story remembering any other in these Kingdoms) of extraction so illustrious, of a title so indubitable, to be ruled by their equal peradventure inferior neighbours. To that allegation that this assembly is no Parliament in the King's absence; If it be understood when he is not present, it is an opinion so ancient as since his Majesty left the Parliament, for before I am persuaded it was never heard of: And it must follow thereupon (as hath been answered before) that by the accedentall absence of the prince: or in sicknesses that induce stupifaction, or in the first degrees of infancy, when the powers of the reasonable soul have no latitude of operation, the state may be left without means to preserve itself, which is a great absurdity to think, But if by the King's absence be understood the want of his voluntary concurrence in confirmation of the Acts and Ordinances of both houses, and that in such cases they are no Parliament, it may well be doubted if they have been any Parliament during this Session: For the acts that have passed his Royal assent (so much amplified in his late declarations to the people) are shrodely suspected to be with no great good liking of his Majesty, I am sure if they were voluntary, they were not exhibited with due circumstances, for through that opinion, his Majesty hath lost much of the thanks due for such transcendent graces, which no Prince, or inferior person, aught in discretion to lose. However that both houses legally convened and authorised to sit, do not by the king's absence lose the essence and denomination of a Parliament, appears by precedents of former times, when in the absence of a Prince (further distant in body then his Majesty is in mind I hope) the estates have assembled themselves (which is a little higher than was yet in dispute) have administered oaths of fealty to the subject, have named officers for public services, and as well to superintend the peace of the Kingdom as the revenue of the King. And though there was not, nor is any law authorising the assembling of a Parliament in such a case, yet was the legality of that Parliament never questioned, nor will, of any other upon the same or the like occasion, when the matter to be treated on is the peace and safety of the Kingdom, whether the King be absent in body or mind, it changes not the question much. But that which is a short answer to all that can be said is: that by an Act of all the estates, this Parliament is not disolveable, but by an Act of all the estates, therefore a Parliament until that Act be passed. To the other part of the allegation that Major part of both Houses have left the rest, and are gone over to the King. It may be demanded why doth not then his Majesty send them up to adjourn the Parliament to Oxford or Cambridge, are they so fearful of the Aprentizes of London, that they dare not appear to do his Majesty so great a service by shouting a yea or no in the house of Commons, how willingly would they adventure a battle that refuse to speak a word in a crowd. Truly it were the way to put an end to all the controversy, to reverse with ease the acts that have given so great cause of repentance, to reduce the Parliament to terms of due obedience, to save a multitude of offenders, to weed out of both houses those factious members that insist so obstinately upon a trust reposed in them; to distil out of the delinquent City of London much cordial water to save the labour, charge, and hazards of war, to save the purses, persons, and horses of the willing Gentry, who labour for those fetters (such is the understanding of this time) that their father's sweat to be rid from; For if arms be raised only against a small malignant party, a faction of a few Parliament men: The Major number would quickly deliver them up, and what place could afford safety for them against the Ire of his Majesty and both houses of Parliament. To such as put these Questions, What is the power and privilege of Parliament, by what Law do they impose Orders upon the people without the King's Assent? they seem to me like them that dispute how legally the next houses are pulled down, when the flame and winds make cruel vastation in the beautiful buildings of a populous City: They are honest men, and would feign be thought wise, but I doubt it is not in the orb of their understanding to comprehend, what power resides in the vast body of the people, and how unlimitedly that power operates, when it is animated by danger, for preservation of itself. A man may make the same observation upon them that is made upon Cato, who pleaded the Laws and usages of peaceable times, when the liberty of that Commonwealth was at the last Gasp, and would not be driven off it, till it was too late, his argument was this in effect; that the Authors of laws for preservation of the Commonwealth, may not preserve it, but by their own Creature. This was Cato's error and is so confessed by all men, yet (I take it) he was a better statesman than these disputants. The King was admitted Judge of the danger of the Commonwealth before the Parliament, and it was apparent for no other reason, but the better to levy money, shall the Parliament sitting be a less competent Judge? As though a Physician that saith you are not well, though you do not perceive it, give me 5. or 10. pieces I'll cure you, shall be better believed then the man that hath been wasted with a Quotidian Fever 16 years together. They talk what the Parliament may do, & what not, as though this were the Parliament that made an Act for pavement of an high way, and had little other work. Truly if regulation of a Trade, or creation of a Tenure, or Erection of a Corporation were the Question in a peaceable time, it were easily resolved, that the King's demur should stand for a denial, but to say the Kingdom may not defend and secure itself, who ever saith to the contrary, is to fight against the oldest and best known Law in nature, the Centre of all Laws, and the inseparable right of all Kingdoms, Corporations, and Creatures. But they say the Kingdom is in no such danger; who is a better Judge than the representative body of the Kingdom itself? not those that say so. Who like a man that standing upon the beach at Dover will not believe that the Sea hath any shore towards France, until he be brought to the top of the Hill. It is not within their view to tell better than the Parliament whether there be danger or not. His Majesty indeed hath the most eminent place to observe what Collection of Clouds are in any quarter of the Heaven, and what weather it will be, but his calculations (supposed to be made by others from a lower ground) are therefore not so well believed. But be it in danger or none, it matters not much, the Laws have been in danger, (none will deny) and were recovered by another danger or had been lost: If it be now peace (as these men say) it is the better time to secure them, if it be not peace, it is well to save the Commonwealth by any means whatsoever, and if the King concur not so speedily as the occasion requires, the blame is not theirs that go before for his preservation and their own. To make an end, I wish an union of the three Kingdoms, under the same Government, Ecclesiastical and Civil (if it be possible) that this Crown having three such supporters, and surrounded with the salt waters, at Unity, at Liberty, at Peace in itself, may not sear the whole forces of the disjointed continent of Europe, That his Majesty would understand his Interest to be, to unite, not to divide his Subjects, and to remember with what manner of Trophies the magnanimous Princes of former times have adorned their Funerals and Fame. That he will choose rather to fight in the head of the British Armies, for restitution of his Nephews to their lost Inheritance, than employ them here to pillage and destroy his own subjects; That he will first command the hearts, than the persons, than the Estates of his Subjects, and not begin at the wrong end: That in the Parliament may reside a Spirit of that Latitude and Nobleness which ought to dwell in an Assembly of so much Honour and Gravity, That just things be done for justice sake, without bowing less or more for the raging of popular surges in the South, or for the cold winds that blow from the North: That the conditions of peace may not be enhansed by any prosperous success, but like the Noble Roman before and after the victory the same: That his Majesty may be convinced of the Error of his private Counsels, by finding in the Grand Council a quiet repose and a stable foundation of peace and plenty to his Royal Person and Family. And lastly (since his Majesty and his people thus divided cannot be happy) that with all convenient Expedition, such as have studied this division between the Head and the Body, may have their heads divided from their bodies. So farewell. FINIS.