A strong MOTIVE To the passing of a General Pardon, AND ACT of OBLIVION Found in a Parcel of PROBLEMS, Selected out of a greater bundle lately Published by P. D.  
For the present use of all the Members of both Houses of PARLIAMENT, But more especially of those in City, Country, and Army, and in Parliament too (if there be any) that have lately expressed their fierceness in pressing for Justice against Delinquents.  JOHN 8.7. 
Let him that is without sin among you cast the first stone.  LUKE 13.2. 
Suppose ye that these Galileans were sinners above all the Galileans, because they suffered such things? etc.  
Printed in season. In the year 1648.   

A strong Motive to the passing of a General Pardon and Act of Oblivion.  
1. PROBLEM. WHether the practising and endeavouring to over-awe that Sovereign Majesty in which a State hath placed the whole arbitrary legislative power, whether they have placed it in one, or in the Major part of many persons consenting in one, be not the highest treason that can be committed in any State. And whether this may nor be done by seditious tumults of the common people, as well as by men of higher rank. And likewise whether the contriving, and endeavouring to do the same things by cunning, and malicious practices, be not a heinous crime also, though of an inferior nature?  
Whether the refusing to deliver up notorious Delinquents to justice, be not a just cause of making War with rigour against a whole City, or Country so protecting them, though no otherwise partaking in the sin, in the judgement of God himself in the Cases of Gabeah of Benjamin, and of the City of Abel protecting Sheba: And whether protectors of such Delinquents have good ground to promise themselves agood issue of such a War, by their prosperous success in a battle, or two, if they do well consider the former of those stories?  
Whether the keeping of persons duly accused from being brought to a due legal trial, either upon presumption of their innocence in respect of their former good life, and fame, or for their good deserts, or for fear and jealousy of undue proceed against them, or upon pretence of some questionable privilege, or all these laid together, can amount to any more than a probable ground of a just defensive War; And whether it be safe to run into a demonstrable great sin in the general, upon a probable ground that in this, or that special Case it is no sin?  
Whether it be probable that in a wellestablished government of long continuance, the manner of legal proceeding in any common, great, criminal cause should be doubtful, or unknown: And admitting it to be so in some case fallen forth, whether all and every of the respective States in whom the Legislative power is, being assembled together at the time, be not bound in conscience to agree the difference by such an indifferent Law, or Ordinance, as may be enacted by their joint consent, rather than to go to war one against another, and to draw the whole State into partialities upon such an occasion.  
Whether he who giveth the first stop to the proceeding of justice according to law in that Cause, which thereupon becomes a pretence to begin a just Civil War, and will not agree to remove that stop, be not the offender. And whether the other, though he happen to be the aggressor in the action at War, as he was to have been Plaintiff in the action at Law, if the cause had been tried by Law, yet be not on the defensive part in the War.  
Whether the justice of every action at Worre, as well as at Law, doth not depend entirely upon the trial of the point in issue between the parties: and whether all other, whether interessed persons, or bystanders, ought not to take that as it may be found in their respective Declarations, manifestoes, and other plead, leaving the judgement of secret motives to God, who only can judge of their hearts, & who may judge otherwise of the justice of Wars, than man may, because he seethe not, as man seethe. And whether they be not bound in conscience to give equal credit, to the respective Declarations of both parties; in all matters of fact that have not fallen within their own private, certain knowledge; and to use the same weights, and measures in pondering the validity of their respective allegations, and to judge of them without passion, prejudice, or partiality.  
Whether they who at one time have allowed, or approved of the same proceed, or actions, in themselves or others of their own opinion or party, which at another time they have condemned with severity, and punished with rigour in others of a contrary opinion or party, in the managery of one and the same true, or pretended cause of rindx; War, have not in so doing pronounced sentence of condemnation against themselves; or can have any wel-grounded hope long to escape the heavy judgement of God, and his revenging hand, for this so wicked partiality, how holy, righteous, or sober soever they may be in other passages of their lives. And whether they who will by no means agree that others should have an act of Oblivion in this world, for those faults, or crimes whereof themselves are no less guilty th●n their neighbours, can have any hope of pardon for their own transgressions, of either sort, in that world which is to come.  
Whether in the late great controversy between his Majesty and his two Houses of Parliament, it was not the duty of every good Christian and loyal subject of this Kingdom, desirous to approve his heart to God, and his actions to men, especially to those whom God hath set over him, to that end before he took any part in the War carefully to peruse, and with indifferency to weigh the respective allegations, contained in those several Declarations published by the King's Majesty on the one part, and by the Lords and Commons on the other part, since the first breach between them; and particularly those whereby they have respectiuly given to the people of this Kingdom, and the whole world, an account of the Reasons of their having taken up Arms, whereof that of his Majesty beareth date 12. Aug. 1642. being also the date of the Proclamation whereby his Majesty gave notice of his resolution to set up his standard at Nottingham upon the 22th of the same month: And that of the Parliament was set forth in the same month I think before his Majesty's.  
Whether ' by the perusal of the said respective Declarations, and of the Preface of the Ordinance of the Lords and Commons for a weekly Assesement of 4. March 1642. it be not most evident, that his Majesty, and his two Houses of Parliament do both pretend to have taken up defensive Arms, and in defence of all and every the same things; And whether it be not also evident, that his Majesty in his said Declaration maketh the protecting of Delinquents, whom he nameth from being brought to a Trial by their Peers according to the Law of the Land, the only cause of the setting up of his standard, and raising defensive Arms against them, and as many of his subjects as would rise in Rebellion against his Majesty, and the Law, in behalf of the said pretended offenders and in justification of their actions specisied at large, and alleged to be High misdemeanours, and Treason. And whether the three causes, upon which only the Lords, and Commons pretend to justify their having taken up defensive Arms, in their said Declaration of the fourth of March 1642, be not also reducible to one, to wit, that of bringing notorious offenders to condign punishment, whose practices are set forth at length in their Declaration of the fourth of Aug. 1642, and of whom they then named none but the Lord Digby. For the pretended violence, and destruction of the said Lords and Commons, and of the Parliament, and the pretended foreign invasion of this Kingdom (which are the other two Causes) neither were then, nor by Law could have been charged on his Majesty, but on the said Lord Digby, and other unnamed Incendiaries; And whether it be not thereby manifest, that there were two Actions at War on foot at the same time, the one between the King, and his Parliament, the other between the Parliament, and his Majesty.  
Whether upon the whole matter, Whereas it was alleged on both sides, that they took up Arms in defence of his Majesty's person, of the true Protestant Religion, (which words ought to be understood of that which in this Kingdom is established for true) of the Laws, and Liberties of the Kingdom, and of the power, and Privilege of Parliament, The truth be not, That the last only, to wit, the Privilege of Parliament, was in Question; (if the question were about matter of right) none of the former having been, or having on either side been said to be, in any danger otherwise, then as the freedom of Parliament was by both sides pretended, to have been intended to be by the other impeached. And whether, freedom being the main Privilege of Parliament, and the providing for the freedom of the Parliament, and of all other Assemblies, having been said to belong to the King by the Prelates, Earls, Barons, and the Communality of this Realm assembled in Parliament at Westminster, of purpose to take advice of this business, in the seventh year of King Edward the first, And that by the Statute than made it was declared, that it is the King's part through his Royal signory straight to defend force of armour, and all other force against his peace, and to punish them which shall do contrary, according to the Laws, and usages of this Realm, and that all the Subjects thereof are thereunto bound to aid the King, as their Sovereign Lord, at all seasons when need shall be, Whether I say in the late action at War, (taken as commenced on the part of the parliament,) the only point of fact in issue were not, whether his Majesty either did proceed, or would have proceeded according to the Laws, and Usages of this Realm, in the accusation of the Lord Kimbolton, (now Earl of Manchester,) and of the five Members of the House of Commons, charged with an endeavour by force, and terror to compel the Parliament to join with them in their Traitorous Designs, and with having to that end actually raised & countenanced Tumults against the King, & Parliament. I say would have proceeded, Because his Majesty taking notice that some conceived it disputable, whether his proceed against the persons aforesaid by his Attorney were legal, and agreeable to the Privileges of Parliament, was pleased to wave those his proceed, and to Declare That when the minds of men were composed, he would proceed against them in an unquestionable way. And whether in the late action at War, taken as commenced on his Majesty's part, the only point of fact in issue were not, whether his Majesty did ever refuse to deliver the Lord Dighy, or any other duly accused Incendiary to a Legal trial, before the beginning of the War.  
Whether the sixth Article preferred against the said accused Members, be not by his Majesty avowed to be the chief head of their charge, as well in his Majesty's said Declaration, as in the Articles themselves, the said Article being comprised in these words, That for the completing of their traitorous designs, they have endeavoured, as fare as in them lay, by force; and terror to compel the Parliament to join with them in their traitorous designs, and to that end have actually raised, and countenanced tumults against the King, and Parliament. And whether the main charge against the Lord Digby, and other Incendiaryes in the Parliaments said Declaration of the fourth of August. 1642. be not the very same. viz. their combinning to bury the happiness of this kingdom in the ruin of this Parliament, and by forcing it to cut up the freedom of Parliament by the root, as it is expressed page 494. And whether the main charge of the Army against the eleven Members be not to the same effect. And whether in common discourse some do not charge Others to be as guilty of the same crime, as any of the accused by the Army, by the Houses, or by his Majesty.  
Whether they who in their private judgements have absolved the Speakers of the two Houses, (in which they are but the shadows of his Majesty's sacred person) from all blame, in what they did the last summer, can with much equity, or justice condemn his Majesty, for having withdrawn himself from the tumults at Westminster, when time was, allowing all to be true which hath been alleged by his Majesty, and others in his behalf, for motives inducing him thereunto. And whether any thing, and what, and how much is wanting to make the retirement of part of the Members of both Houses, to an old Army, which had refused to be disbanded at their appointment, a just parallel to the retirement of a much greater part of the Members of both Houses to York, or Oxford, and there contributing their assistance toward the raising and maintaining of an Army. And whether if this last mentioned Army had found no more opposition in their march to Westminster and through London, than the forementioned army did the last year, the said Members needed to have done any more, than was then acted by the General, and Officers of the said Army, for the compassing of their defigne.  *** Defuerunt nonnulla Aliquid eorum adjectum. 
Whether the violence offered to both Houses by some of the Presbyterian party, when time was, was not greater in show, though not in truth, then that of the Army; And greater in truth then that of his Majesty's coming to the House of Commons to demand the five Members thereof. And whether there have not been a greater violation of the FREEDOM of Parliament than any of the former, taking the Parliament for an entire Body, having the King for the head thereof, and not for the two Houses, which are called the Parliament, as the body of a man without a head is called the body: or for the House of Peers alone, which is sometime called the Parliament, as that part of a man's body which is about his heart is called his body. And—  **** Reliqua desiderantnt. 
Whether upon the whole matter any thing can be more equitable, then that either all persons that may be found guilty of any intention of over-awing, or overruling the parliament, may be pardoned: Or else that due and equal justice may pass upon all, as hath been long since propounded in the Considerations, and lately in the Project for an equitable and lasting Peace. Which God grant.  
FINIS.