A DISCLAIMER AND ANSWER OF THE COMMONS OF ENGLAND, Of and unto a Scandalous Libel, lately published against the PARLIAMENT, and especially the House of COMMONS and their Proceed: ENTITLED The Remonstrance of the Commons of England to the House of Commons assembled in PARLIAMENT, And falsely suggested to be preferred to them by the hands of the Speaker. WHEREIN The malicious Cavils and exceptions by the Libeler taken to the Proceed of PARLIAMENT are detected and summarily answered, and the sottish ignorance and wicked falsehood of the Libeler clearly discovered, and the Justice of the Proceed of this PARLIAMENT and HOUSE OF COMMONS evinced and manifested LONDON, Printed by G. M. M.DC.XLIII. A Disclaimer and Answer of the Commons of England to a scandalous Libel lately published against the Parliament, and especially the House of Commons and their proceed, entitled, The Remonstrance of the COMMONS of ENGLAND. WE the Commons of England do not prejudge but upon imature deliberation had of the said Pamphlet, and of the Contents thereof, do righteously judge and pronounce the Author thereof to be no true son of our mother, but some bastard of Rome and brat of a jesuite, his spirit betrays him and his language, which is of Ashdod, and not of our Canaan; belching out the poison of an envenomed and rotten heart in blasphemies against the Parliament, the mother, nurse and only preserver of our Religion, Laws, Liberties and comforts under God, and against the House of Commons, which hath ever been the fastest friend to this Kingdom, and the happinesses thereof, and against this now House of Commons and Parliament, which hath prevented more mischiefs from, and procured more good to this Kingdom and our neighbour Kingdoms of Scotland and Ireland then any former: Of which we shall show ourselves to be infinitely unworthy and unthankful for, if we should not vindicate them, and their fidelity: and might justly expect for such neglect to be delivered over unto the extreme tyranny, and the miserable effects of it, which first by subtlety and cunning workings in a clandestine way, and now forcibly by the Sword and hand of Violence is endeavoured to be brought upon us and our posterity, and which we had been before this overwhelmed in, but that the Lord hath made them his blessed hand to prevent and keep off the same. And when we perceived this Devil incarnate to hid himself, and vent his impious blasphemies under our name, of whom we are very confident he never harboured a good or honourable thought, or regarded us more than the dung of the Earth, but for his own base and accursed ends we could not be silent lest we should betray our innocency, and be thought to be such as he is. Object. The first thing we meet withal in this Libel, is, That the Author counterfeits himself to be a Physician, and pretends a great cure, and propounds special preparatives unto it. The first speaking in our names to the House of Commons, he affirms us to be still, the true body of the Commons of England, and they but the presentative. Sol. And in this he shows himself to beds grossly ignorant, as he is wickedly malicious, for the House of Commons is a part of us, and the choice most excellent and principal part too, and not only our Representative, and are interessed and sharing in the public good and evil as much as any, and more than most of us. Obj. 2. He saith, We have not so delegated our power to the House of Commons, as to make them the Governors of us, and of our Estates, and that in truth they are but our Procurators to speak for us in that great Council. Sol. This is a fuller discovery of his sottish ignorance, for he knows nothing of the nature of Parliaments, that knows not that the House of Commons is absolutely entrusted with our persons and estates, and by our Laws invested with a power to dispose of them as they shall think meet, not only by making new Laws, but also as they are a great Court above all our ordinary Courts, to govern us, and determine of all things proper to the power and jurisdiction thereof in all things tending to the conservation of the Commonwealth and of our Religion, Laws and Liberties, and to be limited to be only Proctors to speak for us is senseless and ridiculous. Ob. 3. He saith, That in right we ought to have access to those whom we have chosen as there shall be cause to impart our desires unto them, and that they ought not to refuse us. Sol. We never found ourselves denied in any matter to impart our desires to that Honourable House petitioning them in a fitting manner, when our Petitions have concerned the good, peace or safety of the Kingdom, things belonging to their jurisdiction: but if any of us have petitioned for matters of a private nature of right or wrong between particular persons, or in any way or manner not beseeming, we hold it fit such Petitions should be refused, and they ought not to be heard, much less accepted that so much forget themselves and their duties. Ob. He saith, That by involving our Votes in theirs, we had no purpose to make the Commons House of Parliament perpetual Dictator's. Sol. We ever had a purpose and conceive it necessary to the good of the Kingdom, That the Parliament continue together and remain undissolved, until all the Grievances of the Kingdom be redressed and all things in the Kingdom reform, and this we believe was and is by the constitution of this Kingdom, an undoubted Right and Privilege of Parliament, for to that end we chose them, and are to maintain them; and for that end they are called to do and consent unto those things, which by them are to be ordained in and concerning the difficult and urgent businesses that concern the King and the State, and Defence of the Kingdom, and of the Church of England, as by the Writ of their Election appears a Book of Entries Parliament § 1. . And certainly the late practices of our Kings (among other Encroachments and Usurpations of theirs) to dissolve Parliaments before they have done what they are called for, and settled all the business that concern the State and Defence of the Kingdom, is against the original Constitution and end of Parliaments and Rights of the Subject, and hath induced great Mischiefs, and almost Destruction and slavery upon this Kingdom, especially when the same have been dissolved, because according to their duties and the trust reposed in them by the Kingdom, they have endeavoured to reform the oppressions done by colour of the King's personal Command against Law, and contrary to the King's Oath and Office, and have been made use of only to burden us with Subsidies and Taxes, and not to ease us of any unjust burden or imposition. And if this work for which the Parliament was called were once perfected, notwithstanding the Act of continuance of this Parliament (which was made by this Babblers assent, if he be an English man or Subject of England, and he party to it) we are confident the Parliament would gladly assent to a dissolution of it, their attendance upon the public service being extremely burdensome and prejudicial to their private estates and advantages. Ob. 5. He saith, That we never intended that the House of Commons should have such a latitude of power, as to embark us all in a civil war to the destruction of us and of our posterity. Sol. When we chose our Knights and Burgesses for the Parliament, we entrusted them with all the power we could invest them withal, to do whatsoever in their wisdom they should think meet, and to use all means, even war or whatsoever should to them seem convenient or necessary for the safety or preservation of our Religion, Laws and Liberties, and we hold it infinitely better to endure for a time a civil war, and the effects of it, then to lose our Laws, Liberties and Religion, and with our posterity to be enslaved perpetually to the personal wills of our Kings, and to the base spirits of wicked Councillors that pervert and seduce them from their people. We never received prejudice from any free Parliament, from the beginning of this Kingdom hitherto, but we have in all ages suffered from our Princes, when contrary to their Oath, Office and trust, they have followed their personal wills, and forced the illegal issues thereof upon us, and forsaken or neglected the Laws and the counsels of Parliament, and we never found any means to relieve us against such sufferings, but by our Parliaments, which as we respect the happiness of ourselves and of our posterity, we will love and adhere unto. Ob. 6. He saith, We were further off from having any thoughts, that by any of their Votes they would or could draw us into any acts of disloyalty or disobedience against our natural liege Lord, to whom by the laws of God and man, we own and will pay allegiance and fidelity. Sol. We could never hear of— neither doth this false Libeler express any particular Vote of the House of Commons, by which any man can be justly said to be drawn into any act of disloyalty or disobedience against the King, if he had we should have been able to give our sense of it. But the deceitful are conversant in Generals. We have seen and considered his preparatives, and by it we see what Physician we have, if this Mountebank should be entertained, that so impudently thrusts himself into office before he be called. Now let us follow this wild-Goose on in his chase: Who nextly offers divers things to the consideration of the House of Commons. Object. And first he saith, We are resolved with our lives and fortunes to maintain the true Protestant Religion, established by the laws in our Church, and to maintain our well settled government under a Monarchy, according to the Known Laws of this Land, and to maintain the just Privileges of our Parliament, without which our Laws can hardly be continued, and in asserting of this, we have the daily Protestation of both Houses, and His Majesty's Declaration; and we hold ourselves bound in Feverence to his Person, and in Christianity to believe, that he will faithfully perform his word with his people, and that we have this further assurance thereof, that he hath descended so low from his Throne, as to acknowledge some errors, that have slipped him in his past government, and to undertake not to give way to the like hereafter, and that we wish that the House of Commons would with the same Ingenuity acknowledge their errors and amend them. Sol. This man though he assume our Name is fare from our sense. We dare not limit the holy one of Israel, the holy Scriptures is the adequate object of our Faith and Religion and not our Laws, and if any thing concerning Religion be established by our Laws, which is not warranted by the holy Scriptures, or that is defective and comes not up to the perfect rule of God's Word, we desire our Laws may be amended by the Parliament, and all the Worship of God and Discipline of the Church, form in all things according to the pattern given of God, lest the divine Curse lie upon us and our Land, for adding to the Word or diminishing aught from it; and the Scriptures reject every thing in the Worship of God merely for this cause, because he hath not commanded it, because it never came into his mind, and counts it vain Worship, vain Inventions, if it be men's precepts or not part of his Law a jer. 19.5. Leu. 10.1 Mat. 15.9. Psal 119.113. Deut. 12.32. : Secondly, we cannot allow of the Epithet given to our Laws, limiting them to known Laws; for be they known or unknown to us, we leave the declaring and determining of them to Courts of Justice, especially the most high Court, the Parliament, and this is certainly known Law, and hath ever been so: The King hath been in all Ages held and pronounced by our Laws ignorant of them, as we for the most part of us are, and therefore were never by our Laws entrusted with it. And it is neither Law nor reason; That Delinquents against the Law should expound or declare the Law, as now adays they presume to do; for if that shall be permitted, they would be sure to escape: There is certainly a Snake hid under this green Grass, known Laws; for our parts we resolve with our lives and fortunes, to maintain our Religion according to the Word of God, the only rule and judge of it, whatsoever our Laws be concerning it, for so our God hath commanded; and to maintain our Laws as they are or shall be declared and determined in our Courts of Justice, the only certain way to know them by, and not to allow of any thing our King or Delinquents shall pretend to be Law, though the same be ever so much cried up for known. And we are as covetous to have Real ground to confide in his Majesty's Protestations as any can be, and are only troubled and shaken, that we cannot so fix upon them as we would, by the ways of government and actions, that under these Protestations from the beginning of his Majesty's Reign hitherto have run and do run clean contrary unto them. Can the admitting of Mass and Masspriests against the Law in the Queen's Houses and elsewhere, and the open exercise of that abominable Idolatry now in Redding every day, and in York, and the permitting of the holy Scriptures to be burnt in contempt of God under the Gallows and elsewhere in Redding, the Arming of Papists and confiding in them, and the persecuting of the strictness of Religion under the Names of Puritans and Roundheads, consist with the maintaining of the true Protestant Religion. Can the Illegal taxes, Impositions, Contributions, Pillaging, Plundering, consist with the maintenance of the Laws, Liberties and Properties of the Subject? Quid verba audio cum sacta videam. We should receive more satisfaction in our Kings amending his Errors acknowledged, than we can in his acknowledgement of them, and persisting in them, yea increasing them notwithstanding his acknowledgements. And for the supposed Errors of the House of Commons, because the Malice of this fellow scrapes together all that be can imagine to be Errors of theirs, and Malice is ever the fullest accuser: We will proceed to consider and examine them, and if any shall appear, we are confident the House of Commons will not only ingeniously confess, but speedily amend them, because we have ever found them really and actively ready and careful to amend Laws passed by them, and all other things wherein any slip or error hath happened. Object. First he saith, that under colour of advancing Religion, encouragement is given to Anabaptists, Brownists and all Sectaries. Sol. If to accuse so generally and incertainely shall suffice, no Innocent shall escape this malicious envious tongue: Where, when, or how is this encouragement given, or by whom? If he mean the House of Commons as he would insinuate, we cannot receive his accusation; for if by the Apostles rule we be not to receive an accusation against an Elder under two witnesses, much less may we receive it against such a Senate of Elders, upon the single testimony of this fellow, whom we find a liar or deceiver in all he saith. Secondly, We are not ignorant that the Sects he mentioneth, were fomented and multiplied in this Kingdom in the time of the reign and late extreme tyranny of the Bishops, to vex the Puritans (under which nickname they included all that made any conscience of their ways) on the one side, as the Papists were cherished and increased to vex them on the other side; for these Sectaries being taken and brought from their Illegal Conventicles to the High Commission Court in great herds and droves, found favour, and were with some slight reproof or pecuniary Mulct let go, when a conscientious painful Minister, if he could not swallow a Ceremony themselves proclaimed indifferent, was stripped of all he had, cast into perpetual prison and destroyed. Thirdly, We know it doth not belong to the Jurisdiction of the House of Commons to meddle with these Sectaries, there being an ordinary open way in inferior Courts of Justice to punish such Sectaries, namely in the King's Bench, and at the Assizes and Sessions. Fourthly, We know also, that what the House of Commons can do for the suppressing of these Sects, hath been done by them; for first, they have passed a Bill for a Consultation to be had with Learned Divines, about such a Church government and discipline, as is agreeable to the Word of God, to the end that thereby all Sects may be suppressed, and we know where it lies; and in the mean time they have declared and Voted against them, to express how hateful they are unto them, and how seriously they desire and intent the suppressing of them, as a Pag 659. appears in the Declarations of both Houses of Parliament. Ob. Secondly, he saith, That under pretence of hatred of Popery, the Book of Common-prayer, which is established by Law, is cried down by many, and all decent Orders in Gods outward Worship, and every man left to the dictate of his private spirit, and he would have the Laws against Papists and Sectaries to be put in due execution. Sol. We observe that where the Libeler dares not charge the House of Commons plainly and directly with so gross a lie as crying down the Book of Common Prayer, he doth maliciously and wickedly insinuate it; Wherefore else doth he mention it among the things which he suggests to be Voted, Ordered and Acted by them. And the punishment of such as cry it down we know belongs to the Jurisdiction of the ordinary Courts of Justice, not to them. But in regard that the Bishops themselves have agreed there are many things in that Book fit to be reform, and that tender consciences are to be eased of some Ceremonies mentioned in it, the House of Commons have thought it to be very unfit that the severity of the Laws concerning it should be pressed, before the assembly of Divines have met and settled it in such a manner as may be inoffensive and more agreeable to holy Scriptures; and the rather, because it cannot be clearly proved what Book is established by Law, the Book which was established and annexed to the Act of Parliament of 5. and 6. Ed. 6. to which Book the Statute of 1. of the Queen refers, being taken off the File in the first Year of Queen Mary by Act of Parliament, and destroyed or lost, and so no Book remaining of Record, and the Books in print so differing among themselves, that which is the Book established by Law cannot appear. And for decency in Gods outward Worship, whatsoever is determined to be such by man, and not by the Spirit of God in his Word, is the dictate of a private spirit, a 2 Pet. 20. and man's inventions in God's Worship are abominable unto God, who is not pleased with the devises of our hearts, but reserves it peculiarly unto himself, to teach us how to worship him both inwardly and outwardly, and we desire that all voluntary Religion and will-worship and humility, b Col 2.23. not directed by God's Word (in which only we have his mind made known c 1 Cor. 2.16. unto us by our Prophet d joh. 1.18. Act. 3.22. the Lord Jesus) though it have the colour of our Law, may be cried down, cast out and removed according to Gods will, lest he say unto us when we present our worship before him, who required these things at your hands? Esa. 1.12. Ob. Thirdly, He saith, That under the colour of regulating the Ecclesiastical Courts, and taking away the High Commission Court, all spiritual Inrisdiction for the Coercive part thereof, which is the life of the Law, is taken away, so as now no heinous crime inquirable by these Courts can be punished, no Heresy or Schisms reform, no Church can be enforced to be repaired, no Church Officers compellable to take upon them their Offices or perform their duties, no Parsons or Vicars can be enforced to attend their Cures, or give satisfaction for the pains of them that do; No tithes or other Church duties can be recovered by their Law. Sol. Our desire is that the Parliament would be pleased not only to regulate Ecclesiastical Courts, which were abused to the pillaging of our estates, and enslaving of our persons, as well as the High Commission Court, though in a different degree, but that their Jurisdiction in causes Matrimonial and Testamentary, and concerning Tithes, repairing of Churches, and intermeddling with Church Officers usurped upon the Temporal law, should be wholly taken away and restored to the Common Law, and that Nonresidency, Idleness of Parsons and Vicars, and neglect of their Cures should by some good Laws to be made, be made inquirable and punishable in the Common Law Courts, where we shall find certain and speedy Justice, with ease to our purses, and without great travel to our persons, and not be consumed and tired out with endless chargeable suits concerning them as we have been in those Courts, and notwithstanding remain in the long run uncertain of Justice. And for matters in their own nature merely and only Spiritual, as Adultery, etc. we desire some better course should be set for the punishment of them according to the Word of God, and not by the Pope's Canon Law; and we partly perceive by the Bills that have past both Houses of Parliament, that they not only intent, but had long before this settled all these things by their wisdoms in the best way, if they had not been hindered by men that hate to be reform; the fault this Libeler would insinuate to be in the Parliament, lies not in them, but in others that are of the same spirit with this false accuser. Ob. Fourthly, He saith, That under the Name of reforming the Church government, the Parliament endeavoureth to take away the function and very being of Church governor's, as Bishops, Deans, etc. and so to take away at once the preferments of Learned men and encouragements of Learning: Let the abuses be taken away, but not the good uses also. Sol. We believe this may be as well objected by the Pope, his Cardinals and shavelings, as for Bishops, Deans, etc. whose temporal honours and possessions are greater, and by them held the functions and very beings of Church government, and the preferments of Learned men, and the encouragements of Learning: but we desire all these functions and beings of government, being abuses and equally branches of the Man of sin, the Popish Hierarchy and Babel that must fall, may be taken away root and branch out of the Church, as they be out of other reformed Churches: And that the Gospell-Bishops, painful Preachers of the Gospel, that give themselves to prayer, and the administration of the Word a Act. 20.28. & 6.4. , may be restored to all the parts of their function and office, which these usurpers have a long time deprived them of; And that the maintenance devoured by these Idle slow bellies, may be distributed among the Church's officers ordained by God, worthy of double honour, which will be preferments for Learned men that shall make use of their Learning for the saving of souls, the highest and most noble employment of it, and encouragement to all true Learning. Ob. Fiftly, He saith, That for rectifying Church discipline and some things in Doctrine also, an Assembly of Divines is propounded to be convocated and consulted with: The matter is right but the manner amiss, for the Divines are not nominated by Divines, who can best judge of their abilities, which is the Legal way. The greatest part of those who are Named, are known or justly suspected to be persons ill disposed to the peace of the Church, and addicted too much unto Innovations, and the Parliament being all Lay men, are to be the only judges of what shall be propounded and determined. The Divines are but their Assistants, and the King is totally to be excluded from having any voice or hand in it, and as it is propounded, it is to be a perpetual Convocation if the Houses of Parliament so please. Sol. This cavil might have been made to the Reformation of our Doctrine, in the beginning of the Reign of Qu. Elizabeth, wherein if the consultation had been with Divines, named by Divines, there should never have been any Reformation at all, the legal way had prevented the divine way of Reforming this Church, the Divines being then universally corrupt in Doctrine, as they now be in discipline. Have not the ears of our Divines universally been so filled with laud's, Whites, Wrens and their complices, clamours of Bishop's government by Divine Right, and their hearts corrupted with a hopeful expectation themselves might climb up into the Chair, as they are scarce patiented to admit a question to be made thereof, and is it in such a time and cause reasonable to lean the Reformation of Discipline and Church-government upon such deceitful Reeds? will they not pierce the hand, and deceive and delude us? And when our fresh experience in the last Convocation, informs us what a dreadful misery was like to have befallen us, had not this Parliament by the good providence of our God prevented it, by Divines nominating Divines, when both the Electors and elected are birds of a feather, like jeremies' bad figs, exceeding bad; shall we now again desire such a choice? We conceive it is better never consult with, never choose Divines then give way to such elections or nominations. If Divines be chosen, and those godly and learned, that we hope will by their debates endeavour to search out Truth, and love and embrace it found out, and not seek themselves, what matters it by whom they be nominated? And when we find the House of Commons able to judge of and discover the inabilities, defects and errors of the last Convocation Divines chosen by Divines, and to convince them of their folly and wickedness, shall we question their ability to judge of the abilities of Divines, and their fitness to nominate them to consult of Discipline and Government of the Church? And that the Divines nominated by the Parliament, are ill-disposed to the peace of the Church, we verily believe is a false, groundless Accusation, and if this man know any such, he shall do a very good office to name them, that they may be put out of this great employment. And for their being addicted to Innovation, we fear it to be true of such of them, as have given testimony thereof, in their giving way and yielding unto the tyranny of the Bishops in their late Innovations, pressed without and against Law upon the Ministers, and we know there are many such nominated to be of the Assembly. But we conceive the Parliament have in their nomination and choice done, as those that desire to have the truth, and the best way of Church-government and Discipline found out, in that they have named men of very different judgements and opinions concerning the same, and as near as they can honest men that will submit to truth discovered and heaten out by debate and dispute among them. And though this man call the Parliament Laymen, we know though they be not in orders, they are in the language of the Scriptures, as much Clergymen, viz. the Lords lot, portion and inheritance (as the word signifies) as those that are in orders, and we find by experience, they can judge of Church-government and Discipline, and of the reasons and grounds upon which Divines found their judgement concerning them, as well as Divines can and better too then our Convocation Divines, and such as they have been members of the first great Council at jerusalem a Act. 15. , and of all great Counsels in orthodox times. And the conclusion and results of the debates concerning Church-government and Discipline, being to be settled for Law by Act of Parliament, the Houses of Parliament must necessarily be Judges thereof, and that the King is excluded, without whose Royal assent the Act cannot be of force, is as senseless an Assertion, as it is groundless, and so is his Suggestion that this may be a perpetual Convocation, when the Divines are to consult of a few special matters only, and report their Conclusions and reasons to the Parliament and then to end, which cannot be a work of many weeks or months at most. Ob. Sixtly, He saith, That under the colour of freedom of preaching, seditious Sermons are preached daily in the hearing of many of the House of Commons, who traduce the King's sacred Person, slander his Government, and in express terms in courage the maintaining and continuing of this unnatural and unchristian war, and yet none are punished for it. Which makes him fear that this is and long hath been made by some, to be the principal engine to kindle this fire of hell to the just scandal of all good men and slander of our Religion, this Doctrine coming so near to that of the Jesuits. Sol. If there were any truth in this charge, and this man were guided by any good spirit, he would rather turn Informer against such Preachers and hearers in a right way by complaining of it to the Parliament or either House, as well, yea— rather then insert it in this Libel, and in such a general manner without certainty or particularity, and we believe the Sermons thus clamoured against are printed, for most, if not all, preached before the House of Commons, or in the Church where many of them usually hear, are published, and of these we can judge and must conclude, that this report of them is a loud lie, like the rest of this fellows scandals. Indeed we know that many wicked Priests, Malignant against the Parliament, and the good and safety of the Kingdom have preached sundry seditious Sermons tending to the maintenance and continuance of this unnatural and unchristian civill-warre against the Parliament, and excepting such and others of the like spirit, as this Libeler is, we are confident there is no man, especially if he love the King and Parliament, but desires there may be an honourable end and burial of these contentions. Ob. 7. Divers worthy and painful Preachers have been committed to prison by the House of Commons for delivering their consciences freely and religiously, and preaching obedience to their Sovereign. These things tend mainly against the maintenance and propagating of the true Protestant Religion. Sol. If this man had informed himself of the causes for which Preachers have been committed by the House of Commons, by the Articles exhibited and proved there against them, he could not be so wicked, as we conceive, as to publish so notorious a lie, as this is: For we find upon search, that the Ministers by them committed have publicly preached to stirre-up the Subjects to sedition, to take up Arms against the Parliament and Kingdom, and to corrupt the King and us with the leaven of false flattering Doctrine, of absolute Power in the King, to do what he list with us, our estates and lives, to pusse-up the King above what is meet, and to draw us into a willing and conscientious slavery; Doctrines destructive to the Kingdom, and contrary to the constitution thereof and our Laws, and contrary to Gods command given us, to stand fast in the liberty whereof he hath made us free, Gal. 5.1. And considering the endeavours of the House of Commons to remove the Papists, Bishops, and scandalous Ministers and other rubbish that hindered the prapogating of the true Protestant Religion, and to plant faithful, orthodox, painful labourers in this Church, which is so notorious to us all: Malice itself cannot deny, but that their ways tend unto the maintenance and propagating of our Religion. Ob. Secondly, touching the maintaining the Laws, he charges the House of Commons with these particulars. First, That they assume to themselves power by a bare Vote without Act of Parliament to expound or alter a Known Law, where that House formerly assumed not such power, but in order towards the making of a new Law, nor did the House of Peers challenge any such thing, but they having the power of judicatory as judges have proceeded according to the Rules of the Known Laws, and upon their Honours are answerable for the justice of their judgements, as other Courts are upon their Oaths. Sol. It is plain that this fellow errs through gross ignorance of the proceed of Parliament, and of all the Records thereof, in which there is nothing more frequent and familiar in all Ages, then to find the House of Commons declaring the Law, and complaining that the King hath done things against the Law. First, Judging and determining by Votes, and then claiming the Laws and the Rights of the people and of their House, and the Lords in like manner, and that in general, as well as particular cases, and not to lead the Reader— at this time higher; This appears in the Petition of Right, wherein the Commons first declare, and expound the Laws concerning these Rights therein claimed and usurped upon by the King. 2. The Lords join with them in that Declaration. And lastly, the King gives his Assent to this Declaration, before and without which these things were Law (the Statute being declaratory of former, not introductive of new Law.) And the King's Assent was had only to stop the mouths of cavilling Court, and Inns of Court Sycophants and Flatterers (the Moth of Kings and Kingdoms) against those Laws, and the rest of this charge is a gross lie, and groundless imputation. Ob. 2. He saith, That the Parliament makes their own Orders and Ordinances to be as Law, and compel them to be observed, and with a stricter hand, which may bind their Members, but not have the force of Laws till by the King's Assent they be confirmed. Sol. Besides the two causes here admitted, that they may make binding Orders. First in order to making of new Laws. Secondly, To bind their own Members; it is most evident that the Orders and Ordinances of Parliament are binding and are to be obeyed; First, where they are in pursuance of the Laws in being, for to them principally belongs the care of preserving the Laws, and of enforcing obedience unto them, and of giving strength and vigour unto them by the King and his ordinary Judges and ministers of Justice neglected or abused. Such was the late Order of the House of Commons for the pulling down of Crucisixes and Popish Images, according to 3o. and 4ᵒ. Edw. 6ti. Cap. 10. revived 1ᵒ. jac. Cap. 2. And against Innovations in Religion, imposed upon the Subject against Law, as bowing at the Name of jesus, which is idolising a Name against the Law of God, and without any Law of man, and they deceive their own souls, and endeavour to deceive others, that pretend they do it to worship the Person of jesus, for if that were a real intention and true, they would worship him represented by any other name, as Christ, Saviour, Messiah, Son of man, etc. and to say it is in their liberty to worship him under one name and not another, is as gross a deceit, and pronounces it— a will-worship and voluntary, an invention of man which God abhors, as I have showed before, and so indeed they worship their own fancy and invention, and not the person of Christ, whose worship must only be according to his own rule. And lastly, they may make Orders and compel obedience unto them, that are for the safety, defence and preservation of the King and Kingdom * They be chosen ad faciendum & con●entiendum his quae contigerint ordinari super arduis & urgentibus negotijs regem statum & defensiorem regni ac ecclefiae con●…nent. ; The very words of the Writ by which they be called (not to trouble this short Treatise with any more) manifests and proves this most clearly. Ob. Thirdly, He saith, The House of Commons takes themselves so fare above the reach of the Laws, that by their Orders and Ordinances, they enjoin the judges and ministers of justice to forbear, contrary to their Oaths, to proceed in their ordinary courses, when they please. Sol. We are troubled more with the ignorance and folly of this man, then with any knotty matter of difficulty to answer his scandalous Pamphlet. We have observed that for a superior Court to enjoin and prohibit the proceed of an inferior Court, is as common as Ergo in the University Schools, and Judges and ministers so enjoined or prohibited are bound by their Oaths to surcease and obey, and the House of Commons have done this in all Ages, and is clearly a Court Superior to any inferior, and the Judges and Officers of inferior Courts are under them by Law, and to obey the commands and injunctions of the House of Commons to them, is that which the Law requires, and their Oaths oblige them unto. Ob. Fourthly, He saith, The Parliament makes an Ordinance to put the Militia of the Kingdom into such hands as they please to conside-in, without the King, and expressly against his Command. Fiftly, That they possess themselves of the navy-royal, and appoint Admirals, and other Officers by Sea without the King, and use the Ships against the King himself. Sixtly, That they take the Castles, Forts and Ports, and places of greatest strength in the Kingdom, and keep them against the King himself, and this will appear to have been done by design, for the pretence at first was the preservation of the Kingdom against some foreign enemies, where none have appeared for many months, and such in truth never were, and by means hereof, a war for the Parliament against the King himself was raised for the preservation of the King. Sol. Such as have any knowledge of the Constitution of this Kingdom, which is a Politic, and not an absolute Monarchy, cannot but discern the apparent ignorance and malice of this Accuser. In this Kingdom * Sir john Davies rep Epist. fol. 2. Consuetudines regni the people originally agreed Laws, such as they found by experience to be good for them, which were therefore called the Customs of the Kingdom, Customary Law, Common Law, not imposed upon them by Charters of Princes, or by Act of Parliament, but assumed by them upon their experience of the fitness of them for them, and are not written as Charter and Parliament Laws be; then they chose one from among them to be their King for the defence of their Laws, bodies and goods, and for these purposes only they gave him power to govern them, and he cannot govern them by any other power or rule a Forts de leg. Ang. 〈…〉. ; and for the preservation of the Laws against the Encroachments of the King and abuse of his power and trust, which through humane frailty or evil and wicked Counsels and flatteries of Court Parasites, he might fall or be drawn into; and for the making of such new Laws, as should be requisite; And for the better preservation of the peace and safety of the Kingdom, they ordained a general and great Council of the whole Kingdom, anciently called Michael Simoth, Michael Gemot, Wittenage Mote, magna Curia, the great Court, commonly called the Parliament or the Common-council of the Kingdom, and invested them with all power for the good of the Kingdom and people, and ordained, that the making of new Laws by them for honour's sake, the King's Royal assent should be given unto them; and for this purpose they ordained the King should take an Oath to preserve the Laws and govern by them, and assent to such new as his Parliament should find to be for the common good and should tender unto him a Remonstrance of Parl. 2●…. May, 1642 and reply of Parliament to the answer thereof. . And between an absolute Monarchy and this Politic there are these differences. First, In an absolute Monarchy the King's personal will is the Law, and his personal Command to be submitted unto to do it or to suffer willingly what punishment he pleases to impose for not doing it, which is not a power fit for any but God, whose wisdom is infinite, and will infinitely holy and good, who cannot err, nor do any wrong, and from whom proceeds no command that is not for his people's good, Deut. 6.24. & 10.13. Sovereign power of Parliament ●… etc. But the Politic Kings personal Command or will, if it be not according to the Law ought to be disobeyed and rejected; and if any shall instrumentally serve such personal will to punish him that so disobeyes, he that is so offended by such officious servant of the Kings may have his remedy and recover Recompense for such injury, and the King's personal illegal command shall not afford his instrument any protection or defence b Hos. 5.10, 11, 12. God will punish obedience to such illegal commands. . This is so obvious to any versed in our Laws, or observing the ordinary practice of them in ordinary Courts, as nothing almost can be more. Secondly, An absolute Monarch cannot be controlled in any thing he doth by his Subjects, but a Politic Monarch may by the Laws distributed in his Courts be controlled, and his actions, if against Law, defeated, made void, and nothing more usual in our ordinary Courts of Justice, then to overthrow his Patents and Grants, and to discharge Subjects imprisoned by his Command; and for the Houses of Parliament or either of them, being extraordinary Courts to overthrow and make void all his illegal Acts that have been carried-on with abused power, to the prejudice of the public, with which the ordinary Courts durst not meddle, or were by base cowardice and fear betrayed to comply withal, as in the case of Shipmoney, Impositions, Knighting money, etc. And if that Politic Monarchy should by wicked Counsels beseduced to do or attempt things dangerous to the safety of the Kingdom, the Parliament ought to complain of them unto him in a mannerly and respective and honourable way, and if that take not effect they ought to take care that the Laws and peace and safety of the Kingdom be preserved, not only without, but against his personal will: So Bracton Fol. 34. If the King shall be without a bridle, that is to say, shall not govern according to his Laws, the great Court of his Parliament ought to bridle him: And so Parliaments have often done, as both our Histories and Records of Parliament abundantly testify * See the book entitled, The treachery and disloyalty of Papists, etc. . Thirdly, An absolute Monarch chooses what Counsellors he will, but the Politic Monarches great Council for the weighty affairs and urgent business of his Kingdom is in greatest part chosen by the people, and the rest have it annexed to their honours conferred or descended, as the House of Peers, and these are not his Council only, but the Council of his Kingdom and people. Fourthly, An absolute Monarch hath the Forts, Ports and Ships of the Kingdom, to use and dispose at his pleasure. But our Politic Monarch hath none of these, but in trust for the use and good of the Kingdom, to take order they be used, kept and employed for the good peace and safety of the Kingdom according to Law, and not to the hurt or endangering of the safety or peace of the Kingdom, as is clearly manifested and proved in the Declaration of Parliament concerning Hull 25. May, 1642. And in the Reply to the Answer thereof, and more particularly and largely in M. Prinns Sovereign Power of Parliaments. 5. An Absolute Monarch hath the Militia of his Kingdom and Monarch in his own hand and pleasure, as in truth, the Lives, Estates, and the Whole of his Subjects are. But a Politic Monarch hath no power to compel his Subjects to find Arms, or serve with Arms, except they be bound thereunto by Tenure or Contract, and then, but as their Tenors oblige them, and can only compel his Subjects that have Arms, to show them in Musters before his Commissioners, as appears clearly in the Declaration of the Parliament concerning the Commissions of Array lately Illegally granted, so far is our King from having power over the Militia of the Kingdom without the consent of his Parliament. And there having been a manifest design to alter Religion and the very constitution of this our Politic Monarchy, by a Malignant party prevailing with his Majesty, discovered by the wisdom of the Parliament, and so far carried on, as in a manner all was become subject to will and power, and the Laws neither a defence of our persons nor of our rights, and our Judges enforced against their Oaths and duties to comply with them; and these Vipers finding the whole mould of their hellish devices to be likely to be broken, and Laws to be made for the establishing of our Liberties and proprieties, and vindicating thereof, and a through Reformation of the Church, in Worship, discipline and government to be set upon and resolved by the Parliament; they endeavoured to get all the strength of the Kingdom into their hands, The Lord Digbies advice in his Letter to the King. and to that end persuaded his Majesty to possess himself of the Ports and Forts, places of strength (as they called them) that they might without fear of being brought to Justice for their delinquency by the Parliament, have access unto him to advance their said design; and seduced the Queen out of the Kingdom, and raised Arms by open force against the Parliament to destroy it, and therein all our Religion, Laws and Liberties, and drive the King to own and take all those things upon himself, and forged all the false colours and glosses upon those hellish proceed of theirs, that Jesuited devilish wits can invent to deceive the people, and to draw them to become Felons and destroyers of themselves. Was there not just cause, and was it not high time for the Parliament, to take care in such case, that the Kingdom should be set in a Posture of defence, and that the Ports, Forts, Magazeenes and Ships should be secured for the Peace, safety and good of the Kingdom? Was this done by design? surely if this had not been done, we had all ere this been over-runne with tyranny, and we and our Posterity made slaves. When the King refuses to do his duty, which by Oath and Office he is bound to do, and employs any thing he is entrusted withal by his Kingdom, to the public prejudice of him, his Posterity and Kingdom: It is necessary, yea just and Legal, that the Kingdom's representative, the great Court, the Council of the Kingdom, should seize upon, secure and use the same to the public defence and for the public good, and prevent the Kings satisfying the base lusts of a few wicked Counsellors and Sycophants, that would raise themselves on the ruins of the Commonwealth. And though many parts of the Kingdom have been wasted and grievously spoiled by foreign Enemies, of which there are very many in the King's Armies, brought from beyond the Seas in great numbers, and though we have felt their heathenish and barbarous cruelties, this fellow would persuade us they never appeared. And though the preservation of the Kingdom against foreign Enemies were one cause of the Parliaments taking the Forts, Ports and Ships into their hands, power and disposition, yet that was not the only cause as appears in their Declaration * Declar● 2ᵒ. Martij. 1641. And the Ordinance for the Militia. . Ob. Eightly, he saith, That they who refuse to join in this War with the Parliament, or to contribute unto it, they plunder as Malignants and ill affected to the Commonwealth, although he sees not how it can be less than Treason against the King to join with the Parliament therein. Sol. We verily believe the ways of the Parliament to be very just, and full of reason, and Legal, to enforce them that have Estates and will not help to quench the public fire kindled in the Kingdom by the Enemies thereof, nor to preserve the Parliament which preserves their Religion, Laws, Liberties and all from tyranny and violence, with some small part of it; and to judge them Malignants and Enemies of their Country. Did not the Inhabitants of the County Palatine of Duresme when the Scots had broken in upon them, to redeem their Country from plunder and spoil, compound with the Scots for 1600 Marks, and break open the Chest of William Heburne, and take 70. pound from him by force in such a necessity, for the public safety, to help make up the sum, when he would not let them otherwise have it: and was not this judged lawful by all the Judges of the King's bench in a Writ of Error brought Mich. 14. Ed. 2d. Rot. 60. and a Legal plundering: and other plandring the Parliament never commanded or countenanced. And though this fellow, blinded with Malice, cannot see it to be less than Treason to join with the Parliament in this War, yet such as have any understanding in the Laws, know that to join with an Inferior Court in executing the Process thereof, to bring Delinquents to Justice with the greatest force and power of men, if it cannot be otherwise done, is lawful, though the King join with these Delinquents in resisting the same, and endeavour to protect them against it; and that it is so far from Treason, as that it is Treason in such as raise Force against such Process, and to protect such Delinquents from the Courts of Justice, as was judged in Parliament in the cause of Alexander Bishop of York, Robert de-Leere Duke of Ireland and others, in the time of Rich. 2d. and confirmed after by Statute in the first Year of Hen. 4●…. Ob. Ninethly, he saith, That to all the Commanders and Officers of their Army, the Parliament gives large and even profuse entertainment and rewards, but out of our purses. Sol. We do not believe, neither can this false accuser prove this charge, that any other entertainments or rewards have been given by the Parliament, than were given by the King before this War, nor so much as the King hath given since; and what is here imputed to the Parliament falsely, may justly be said of the King's Army, who have free booty, and we are delivered over as a prey unto them, who make the Proverb that goes of the Great Turk true in England, That where he sets his foot no grass will grow; where the King's Army goes, they take away Blow and Cart-horses, cut the Harness, and use all the wicked cruel means they can to destroy Tillage, and bring in a famine and the miseries attending it upon us. Further for the Liberty of our Persons and proprieties of our estates, this Libeler objects that we have little hope of this. Ob. First, Because the Parliament takes away the King's Treasure, intercepteth his Revenue, possesseth his Houses of access, and pretend all is for his own service; and if any attend or assist him, they are condemned as Malignants, Popish, Evil Counsellors and enemies to the State. Sol. To this we must answer for the Parliament; That if they had taken any of the King's Treasure, the King now upon his Articles of Treaty, wherein he demands satisfaction for all he hath any colour or pretence to demand of them, The King would have demanded it, but he demands no such matter, by which this seems to us an apparent, gross, lying imputation, and we cannot judge better of it. But we hear of the Jewels of the Crown, with which the King is but trusted, and which by our Laws are to go with the Crown in Succession, that they are imbesseled and sold away, a dangerous effect of the evil Counsels given unto his Majesty. Secondly, for his Revenue, it is true they have seized on some part of that for the necessary maintenance and support of his own Children, whom he hath left in the power of the Parliament, and to them the same hath been disposed, according to the proportions of allowance his Majesty hath always set out for them, and in no other, and without it they might have starved otherwise; and if they have seized upon any more of his Revenue, it is not considerable in quantity, nor fit they should let him have that to maintain his War against his Parliament and people, which is his, only for the public good, protection and safety of his people, and by our Laws ought to be so employed. Thirdly, for his Majesty's Houses, we know none the Parliament hath meddled withal but the Castle of Windsor, and that is before answered, in what hath been said concerning the Castles and Forts of this Kingdom. Fourthly, for condemning such as attend, or assist him, it is not true, that any one of his attendants, that are bound by special service to be with him, have been merely for that condemned as Malignants, Popish, Evil Counsellors, or Enemies to the State, but such as having no special economical obligation to attend him, or have assisted him in this unnatural War, or are Popish, or give him wicked and destructive Council, and foment this War, and Viperlike endeavour to rend out the bowels of the Country that bare and nourished them, have been and are justly accounted Malignants and Enemies to the State, and their courses evidence them to be such to all indifferent lookers on, or that shall hear any true report thereof. Ob. Secondly, he saith, That the House of Commons, have by Messages endeavoured to persuade our Brothers of Scotland to join with them in their Rebellion against their Sovereign, and that by Votes of their House. Sol. If this Libeler had once proved by any reason or Law, that any thing done by the Parliament, in opposition of the King's present courses against his Parliament and people were Rebellion; he had laid some foundation whereupon he might have presumed to build so bold an inference, but neither he nor any other that we have seen or heard of, hath as yet been able to do that: And the Politic constitution of the Kingdom is clearly against it, and the like being done by our Brothers the Scots against his Majesties like proceed with them, hath been by his Majesty and the Parliament, judged and declared to the World, in an Act of Parliament made lately, to deserve no such Imputation, and that Judgement and Declaration this Libeler himself (if he be an Englishman) is a party to, though now he give himself the lie. If our Brothers the Scots, in taking up Arms and coming into this Kingdom so armed, and taking the Fort and Port of Newcastle and Timnoth Castle into their possession, to maintain their Laws, Religion and Liberties against the wicked Counsellors that induced his Majesty to endeavour to infringe the same, were well done, and nothing therein done amiss; let all the world judge of the proceed of our Parliament in the same case: De similibus idem iudicium: And whom have the Parliament called in to their assistance? surely no Foreigners nor Papists as the King seduced by evil Council hath done, but our Brothers, interessed in the cause as well as we, and of the same Religion. Ob. Thirdly, he faith, The Parliament did a greater Act of barbarous hostility against the King in his own Person, and excuses it, by saying it was not their fault, but the Kings and his Counsellors, that he went in Person into the Battle, which he did with that Kingly courage at will add to his honour and their shame while the World endures, which action of theirs is become odious to God and man, and their excuse for it ridiculous. Sol. If the King should appear in Arms, to hinder the Justice of his Inferior Courts, were it an act of barbarous hostility, to execute the Process of such Court notwithstanding, and would it argue Kingly courage, or add to his honour, or the shame of the Court that awarded that Process? would it not rather argue a sordid distemper unbecoming the meanest Subject, and be a blot and reproach to him in all ages? If this be so in case of an Inferior Court, how can it be an honour to the King, to be found in an Army that resists the Process of the Highest Court, and Force raised by it, to subdue and bring to Justice the Delinquents against the same and against the Kingdom which that Highest Court represents. Ob. Fourthly, he saith, That as if the Parliament hath shaken off all subjection, and they become a State independent, they have treated by their agents with Foreign States; Such an usurpation upon Sovereignty, was never yet attempted in this Kingdom. Sol. We conceive, that if the King desert his Parliament, his Parliament without him may do any thing, yea every thing conducing to the good and safety of the Kingdom, and Parliaments have done greater matters than this in such case, as any versed in the Histories and Records of this Kingdom well knows. None so bold in asserting lies as this fellow; certainly upon a Machivilian confidence, that men will believe rather than examine his falsehoods: besides his partiality is manifest; That he mentions not the King's usurpation upon the Sovereign power of the Three Estates from which his power is derived, and to which it is subordinate, and the immediate issues thereof, our Laws, even from the beginning of his Reign hitherto, being seduced and misguided thereunto by wicked Counsels, in good part set forth in the Parliaments Declaration of the State of this Kingdom; the mischiefs and miseries whereof we have abundantly felt. Ob. Fiftly, he saith, The House of Commons command their Orders, and Ordinances, and Declarations to be printed and published with privilege, but if any thing come from the King, which may truly inform and disabuse the people, they forbidden it to be published, and commit them to prison that do it. Sol. The House of Commons in such Commands, do nothing but what is just and fit, being their own Declarations and Acts; and for the things that come from the King, we find they come to abuse the people; witness the Mercurius Aulicus. The Relation of Keinton Battle, Mr. Secretary Nicholas his Letters to Foreign States, stuffed with the grossest and most apparent lies that ever were heard, As that Colonel Hastings came to Lichfield and drove thence the Parliaments Forces, and rescued the Earl of Chesterfield, when the Parliaments Forces yet possess the Town, and the Earl is the Parliaments prisoner: And that the Lord Brooke was Armed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, throughout with Armour of proof when he was slain by a shot in the eye, and upon examination of those that were present with him at his death, it appears that he had no Armour on at all but his Head-piece: That M. Martial the Divine was mad, and cried out he was damned, and M. Case administering the Sacrament, invited such only as had contributed to the Parliament, and such dunghill stuff, savouring of the spirit of him that was a liar from the beginning; by their fruits you may know them. I forbear to instance in many others as groundless as these. And who do truly inform and disabuse the people? these men that publish these things for the King, and under his Name, and in abuse thereof, or the Parliament, which hath set forth nothing, but what upon full examination is discovered, let the World judge. And we are confident, the Parliament hath not imprisoned any for printing any thing but what was dishonourable to his Majesty, and false and scandalous to the Highest Court, and that is Legal, reasonable and necessary. Ob. Sixtly, he saith, That the Monies advanced by gift or adventure, or Act of Parliament, and Soldiers pressed for Ireland to reduce the Rebels there, the Parliament hath diverted to maintain an unnatural War in England, so they do visibly lose the Kingdom of Ireland, that they may be the better enabled to lose the Kingdom of England also. Sol. The War in our Kingdom, we conceive is unnatural in the offending party that first raised Arms, and not in the party defending, or Parliament; to defend against unjust violence as the Parliament doth is natural, to pursue and endeavour by force to bring Delinquents to Justice, that resist the Process of the Courts of Justice, as the Parliament doth, is natural and just by all Laws of God, nature, Nations, and our Municipal Laws, and the maintenance of War is of like nature as the War is. And if any person or thing designed for Ireland hath been taken and used by the Parliament, it hath been for a time only, and that also enforced by this unnatural War, to save England, without which Ireland cannot stand, and is repaid and returned to the use of Ireland again with great advantage, as by the accouts thereof clearly appears. And who loses Ireland? The Parliament, which continually sends them all the aid and help they can or can procure, or the Evil Counsellors about the King, that seduce him to take away the Horses and other things prepared for the Train of Artillery sent thitherward by the Parliament, and divers loads of and suits of Apparel bought by the Parliament, and sent unto the Soldiers there, for which no colour of satisfaction hath been given to poor Ireland to this day? And who also withheld the King from giving his Royal assent to the Bill of Tonnage and Poundage, thereby as much as in them lies, to hinder all defence of Ireland, and by consequence, laying open all ways of supplying the Rebels there, with all necessaries for the War, and for their support from Foreign parts? And who also put the King upon this unnatural War, whereby England is spoiled and destroyed, and the Parliament disabled to raise means to preserve and defend that Kingdom? Who have drawn over the Commanders employed by the Parliament against the Rebels of Ireland, to foment this unnatural War, and to devour us, and lay waste this goodly Kingdom, as Captain Boteler, and 14 other with him lately, and others at other times formerly. Ob. Seventhly, he saith, That the House of Commons have showed themselves averse from peace, that they have Voted there shall be no C●ssation of Arms, lest by a free Treaty a peace might ensue. Sol. Our Brothers of Scotland did treat for peace without such Cessation, and with good success. And though the House of Commons did once Vote there should be no Cessation of Arms, otherwise then in order to a disbanding, in their wisdom's foreseeing that it would be abused, and prove full of snares to the Commonwealth, as it hath since proved; yet through our importunity, they were induced to give way to a Cessation of Arms in order to the Treaty also. And now we find by experience, the Resolution which when they were their own, and not drawn aside by our importunity, and by a desire to hold a concurrence with the Lords, they took up was grounded upon wisdom, and clearly the best, for after much time spent about it, both the King and they are feign to give it over, and go on upon the Treaty without it. And we now also discern, that they desired the best way for us at first, and which would bring on an effectual Cessation and full peace, namely that all Armies should be disbanded, and that that should be the first of their Propositions, concluded and executed before any other. And to facilitate the way thereof, they have yielded so fully to the King's desire in his first Proposition about his Revenue, Navy, Forts and Ports, as can with any colour of reason be desired, to resign them all unto him, only desiring, That seeing himself cannot in Person manage them, he will put them into such hands to be named by himself as his people may confide in. This so evidently discovers and satisfies us of their desire of peace, as nothing can do it more fully, more clearly, and after such disbanding, the Treaty may go on concerning all other differences between the King and his great and faithful Council in a Parliamentary way, when the Kingdom shall be eased of the intolerable burdens of the many great Armies that are now on foot in the bowels of it. Ob. And this Libeler further bequarrels the carriage of the Parliament towards the Subject, Thus, first he saith, They have made an Ordinance that the twentith part of men's estates must be paid towards the maintenance of this war, and appointeth who shall value it, and then Collectors to distrain for it, and sell the distress and imprison the person that will not pay it, if no distress can be found, and their families banished from their habitation. Sol. First, This is nothing to what is done in the King's Name, by them that seduce him by their evil Council, who enforce many Subjects unto contribution, fare surmounting this, and plunder and destroy them if they pay it not, and take from others all they have without measure or mercy, and drive them from their habitation, that if the places under the Parliaments protection were not a refuge unto them, they must utterly perish with all that depend upon them, and seize upon the persons of others that never opposed them, and use them with more cruelty and inhumanity than they do their beasts, merely to make a bragging show of a great victory by many prisoners; and all against the Known Laws, to which his Majesty hath given quickening by his personal Royal assent. Secondly, The Ordinance mentioned is by this lying tongue that cannot speak truth slandered, as if it enforced the payment of the twentith part; when in truth it binds the Assessors not to ascend in their Assessment above the twentith part of any man's estate, leaving them power to descend to a less proportion, and no man that loves his Country will stick upon so small a contribution for the maintenance of our Religion and Liberties, against the hand of violence and foot of pride, lift up by the Cavaliers to the destruction of them all. Ob. Secondly, He saith, That least the Parliament should not have the colour of Law sufficient to blind the world, they have lately made an Ordinance for the Inhabitants of Northampton, Rutland, Derby, etc. to pay and to be assessed by Assessors named in their Act, in imitation of the Statute lately made for the 400000lb. and this as is probable shall be extended to the whole Kingdom. Sol. We conceive it very fit, just and legal, that all should contribute to the saving of all. It is necessary the power and privileges of Parliament be maintained, or else farewell Religion, Liberty, property and all, and we shall fall into the like misery as the Subjects of France have ever been, since their King's overpowered their Parliaments, and destroyed them, which Fortescue in the 35. Chapter of his book of our Laws, sets forth. And the Parliament for the preservation of the Kingdom may do, and have done greater matters than this, as our Histories plainly show, and if any be so impious as not to be willing to save their country, it is fit they should be enforced unto it. Ob. Thirdly, He saith, The Parliament hath yet a shorter and asurer way, where they understand there is any money, plate or goods to be had, they send a party of Horse or other strength to fetch it, as out of an Enemy's Country, because the owners are good Subjects to the King, or they suspect them to be so, and that alone is crime sufficient to apprehend them, or judge them, or take execution upon them, and all this without the Ceremony of Law by their absolute and omnipotent power, which cannot err. Sol. If this liar had instanced in any particular, it would have appeared, that such as have been so used have been so fare off from being good Subjects, as they have been manifest Traitors to their country, and fomenters of the present unnatural war: and if any be found and judged to be so in the highest Court, by that Court it may be legally done without other Ceremonies of Law, necessary in inferior Courts. And this power is and ever hath been in the Parliament, when the thing is necessary for the public Defence and safety of the Kingdom, and so judged by them, whose Representatives and trusties they are, in case where the King is seduced by wicked counsels to endeavour the destruction of the Parliament, which hath been the design of such Counselors ever since the King came to the Crown, as clearly appears to every judicious observer of the times and proceed at Court. Others of inferior power have done it, as we see in Heburnes case before, and judged lawful, but that the Parliament cannot err, was never challenged, and is here maliciously and wickedly added, to render the Parliament odious, which is the main scope of this Libeler; and for their Omnipotency, though it hath been a Proverb among the learned of our Laws, that Parliamentum omnia potest, yet the Parliament hath never challenged any power, but for the public good of the Kingdom. Ob. Fourthly, He saith, The House of Commons discharges Apprentices and Servants from their Master's service without the consent of their Masters and Dames, and either persuades or compels them to serve in their Army against the King. Sol. First, It is false that the Parliament hath compelled any to serve them in their Army. Secondly, It is false that the House of Commons alone have done this, as appears by the Ordinance 7º, November, 1642. And what the Parliament hath persuaded in this is very just; the public Relation of Apprentices to the safety of the Kingdom, being more to be respected then their private Relation to their Masters and Dames, who partake in the public benefit of the service in the wane, which tends to the saving of them and all they have among the rest interessed with them in the public safety. Ob. Fiftly, He saith, That the Parliament hath imprisoned some for Petitioning, and some for intending to Petition unto them, as if that alone were a cri●…e, if the matter of the Petition do not flatter them in their present courses. Sol. We know they have been so far from accounting Petitioning a crime, as they have received multitudes of Petitions from all parts of the Kingdom. This therefore is a false imputation, but when the matter of the Petition hath been seditious and tending to the disturbance of the public peace, and stuff with unjust aspersions of the Parliament, in such case only they have imprisoned the Petitioners, as is most just and necessary. Ob. Sixthly, He avers, That the House of Commons have imprisoned others for Petitioning and intending to Petition to the King, and yet the way is open to Heaven, and GOD will hear in his good time. Sol. They never imprisoned any for Petitioning the King, except the matter were, as is abovesaid, to foment division between the King and his people. And such a malicious Libelers petitioning Heaven, will find no acceptance, for the prayer of the wicked is an abomination to the Lord: And if such Petitions be offered to Heaven, as have been to the Parliament or to his Majesty by such spirits as this Malignant is possessed withal, God will imprison such Petitioners, except they repent in another-gesse prison than the Parliament casts them into. And concerning privileges of Parliament this Libeler proceeds thus. Ob. First, That the Parliament forbids us to dispute their Privileges, and assumes the sole judgement of them, when in former ages they might be and have been judged by the Laws of the Kingdom, but he admits the Parliament to be judges of offences committed by their own members against the Houses, and of the election of their members. Sol. We know and have found by late experience; that when any inferior Court hath presumed to dispute and determine the privileges of the Parliament, which is the highest Court, they have been punished for it by the Parliament. Have the inferior Courts of London or other places, been ever admitted to judge or determine the privileges of the Kings-Bench or Common-pleas, we cannot conceive it to be reasonable or legal; but this Libelers malice hath so blinded him, as he raves like a madman against the Parliament, publishing any thing to their prejudice, though never so much against clear reason and common experience. Ob. Secondly, He saith, Some of the members of the House of Commons have been committed or put out of the House for speaking freely against the sense of the House, or rather of some members thereof. Sol. This we are very confident is a loud lie, and if he had instanced in any one, it would have been as manifest as the Sun, when it shines out in its might and strength to be a lie. And it is altogether improbable that the whole House should deal so with any member for speaking against the sense of some members thereof. Ob. Thirdly, He saith, The privileges of the House of Commons were never challenged till now, to extend to any member which should commit treason or felony. But they have now declared, that no member of the House, nor other employed by them shall be questioned for Treason but in Parliament, or at least by leave of the House. Sol. It is true, no privilege of Parliament doth extend, or was ever challenged to extend to exempt any member of Parliament from being questioned for treason or felony, but it hath been ever challenged, and is an undoubted privilege of Parliament, that none of their members upon a bare accusation of these crimes should be left to a legal trial, before the House, whereof he is a member, be satisfied that there is good ground for the accusation; upon a mere accusation no man is to lose his privilege of Parliament, but upon real cause. If to accuse be sufficient, who shall be innocent? and if the Law were otherwise, every man that speaks his mind legally and according to his conscience, and the trust reposed in him by his Country for the public good, if the King like it not he shall be presently accused of treason by the Attorney General, and thereby taken out of the House, and so freedom of speech in Parliament will be utterly lost, and all members of Parliament that are good Patriots and stand for our Religion, Laws, or Liberties may be taken out of the Parliament, and none left there, but such as will serve the times, and humour the evil Counsellors about the King, a highway to undermine and blow up, not as the Papists intended in the Powder-plot one Parliament, but all Parliaments, and overthrow the Kingdom and reduce us and our posterity to slavery and misery without remedy, for by the same reason, as one man shall lose his privilege upon such an accusation, twenty, an hundred and more may, and then farewell the liberty and happiness of England. The House of Commons have ever proceeded justly and impartially against their own members, where there hath been real cause to put them out of the House, and deliver them over to the hand of Justice, but if they should do it upon a mere accusation, yea such an accusation as is ashamed to be tried (as the late accusation of the five Members, which would never endure the mentioning of an examination.) Certainly they should do apparent injury and injustice and betray the trust committed to them, and they that had a hand in this more than Gunpowder plot, counselling and endeavouring by that devilish design against the Parliament will remain infamous to all posterity. Ob. Fourthly, He saith, The House of Commons have made a close Committee, wherein a very few members of that House are privy to their counsels, and what those few conclude is summarily reported to the House, and that taken up upon trust by an implicit faith of all the rest. Sol. This we know to be false in the whole, and in every part of it. First, The House of Commons alone hath not made any such Committee, but that Committee is made by common consent of both Houses, and consists of Members of both Houses, and is necessary for the preparing of business for the House, and for the quicker dispatch of the affairs of the House, as all know that understand any thing of the proceed of Parliament. Secondly, It consisteth not of a very few, but of a competent and fit number for such a Committee. Thirdly, Not only the members of the House of Commons, but of the House of Peers also are privy to the counsels thereof. Fourthly, The reports from that Committee to either or both Houses are as of other Committees, nothing in it taken upon implicit faith, but as every member of either House is at liberty to be at the counsels, debates and results thereof, if they please; so the particular reasons, warrants and grounds of the Report, are by the Reporter clearly opened, and if not, every member may require an account thereof before he give his Vote. Ob. Fiftly, He saith, Many of the present members of the House of Commons have had their elections questioned, and in two years' space have had no leisure to determine them, if they incline to the positions they lay down, lest they should lose such from their party. Sol. If this Libeler had instanced in particulars, an answer might be particularly given thereunto, and he convinced of his forged accusation, but to a general charge we can say thus much in general, That all questions concerning election that have been brought to the House from the Committee of Elections have been presently upon the Report thereof determined. But if the Committee hath not had leisure to sit or opportunity to report, because of the great obstructions that have been by the enemies of the public good, cast in the way of the Parliaments proceed, and the House of Commons enforced to spend all their time to resist, and to endeavour to remove the same, it is not the fault of the Parliament, but the fault of these men of belial that are risen up against the Parliament and Kingdom. Ob. Sixtly, He saith, That when a matter of Importance hath been in debate and put to the question, and thereupon determined, the same question hath been again resumed at another time better prepared for the purpose, and determined quite contrary. Sol. First, That any such question hath been received after determination, that hath not come into the House upon some new occasion enforcing it, we do not believe to be true, but that a great Council upon debate determines one time one way, and upon better preparation and second thoughts, when it is by some emergent occasion brought again into debate, conclude another way, and quite contrary is no news, it being both the privilege and property of wise men to change their opinions upon better, further and more mature deliberation and consideration, being better prepared for it, than they could be at first, when it was suddenly and unexpectedly moved, debated and determined. Seventhly, he quarrels at the Statute by which this Parliament is fixed so as it cannot be dissolved without common consent of the King and both Houses, which in truth is a Statute only declaratory of the Common Law of this Kingdom, and no Parliament neither can or aught to be dissolved, till they have redressed all the grievances of the Kingdom. This wretch in this discovers a heart full of poison against the public good, that like the raging Sea casteth out nothing but mire and dirt, and foaming out his own shame. A Law made by the Supreme power of this Kingdom, the Three Estates, cannot escape the virulent tongue of this Rabshekah, If this Law may be spoken against or questioned, all others may. And whereas the King in almost all his Declarations, protests he likes well of, and will observe and maintain all the Laws made this Parliament, this Villain forbears not to say he was overreached in it. Lastly, he reckons up the miseries of a Civil War, and saith, that the Parliament is the cause of it, when all men that have observed the History and Acts of these times, knows well at whose doors that sin and mischiefellies, and whom it calls Father. And he desires amendment of what is amiss, without plucking up the foundation of government intended to be plucked up, except he mean the government by that Officer whom we call Bishop, which never appeared in holy Scriptures, but in the person of Diotrephes, which the Parliament desires to remove, that the same may be changed into the government of the Church by Presbyters, the Officers and Bishops which the Scriptures approve of, and give the government of the Church unto, we know not what he means by foundation of government, and we (as we conceive all good men also do) do for our parts desire to have a Church government according to the will of God expressed in his word, and not according to the pattern of his professed Arch Enemy expressed in the Popish Hierarchy. And we are confident, that the Parliament had long before this by their judgement and wisdom, provided for and settled our Religion according to God, which is the true and indeed only honour of Religion, and the greatest satisfaction to our consciences, if they might have had their wills, and if it were obtained, would procure mercy from Heaven, that the Sword should be sheathed and devour no more flesh, and our Lives, Estates and Liberties be preserved, which are only secured by our walking according to the Rule, the only way in which the Angels will attend us, and all happiness flow upon us and our Posterity for ever. And as for burying of bypast Actions in an act of Oblivion, we are confident the Parliament neither needs nor desires it for themselves nor their friends, being conscious of nothing done by them for which they have cause to fear the hand of Justice, and if the honourable peace which they now so sincerely seek and desire shall not be obtained, we protest to all the world, that with the utmost hazard of our lives and fortunes and of all we can call ours, we will endeavour to vindicate them and ourselves, from the barbarous, inhuman, and more than Turkish and Heathenish Tyrannies of the Evil Counselors about the King, which seduce him, and their Cavaleres', and we doubt not but our God in whom we trust, who hath wrought great salvations and done great things for us since the beginning of this unhappy War, will be our guide and our strength, and fight our battles, and go before us as a devouring fire to consume the enemies of our Peace and his Glory, and perfect the work of Reformation so happily begun and wonderfully carried on hitherto in spite of all opposition and in the sight of them that hate him. Amen. FINIS.