A SHORT BUT FULL DISCOURSE Of the POWER of PARLIAMENTS: AND How far their entrusted power may extend.  
AS ALSO The great Interests of the KING therein, acknowledged heretofore in all Ages.  
SENT From the ARMY to a worthy Friend in London, and written there by a learned Divine, who upon some high Employments hath been conversant late amongst them.  
Printed in the Year 1647.   

A short discourse of the power of Parliaments written in a letter from the Army to his noble friend in London, by a well-willer to Parliaments.  
IT is not with me, (noble Sir) as with many in these times, who only study to make a wicked thing seem good, by clothing it in a garb of the newest fashion, and strive to cover a false heart with an eloquent (though flattering) tongue; but all I shall endeavour in this discourse, is to set forth truth in sincerity, even in its natural colours, and not  it with a painted eloquence; only that it may not be known. To come to purpose, I must entreat your patience, while I present to your view a rough drawn Map, discovering the jurisdiction of the high Court of Parliament.  
But first I shall do my endeavour to satisfy them that hold hold the House of Lords to be only interessed; so that the House of Commons may be thought to make an inroad upon their privileges: Let those know, that anima est tota in toto & teta in qualibet parte: and judicature is the soul of this great compacted body: the times were when both Houses sat in one place, and had one Speaker: And since the power of judicature must be founded upon a preparatory impeachment, and that must be framed by the Commons House, we may justify them not guilty of extrajudicial proceed.  
The Lords are under his Majesty the chief, but the Commons must be admitted for members; and the help of those doth much advantage the preservation of the whole compound. Having thus cleared this objection, and shown that the Commons House hath a power of judicature, let us proceed to see how far it will extend: For the better effecting of it, I think it first necessary to give a description or definition of them, which in brief is this.  
The House of Commons is neither more nor less than the Representative body of the people elected and sent up by the several Shires and Burrougheses respectively, (and joined with the other two estates) are of capacity to make, alter, and abrogate laws as occasion shall require, to hear and relieve the grievances of the people, and to reform what is amiss in the Common wealth.  
In this description you may plainly see two bodies of the people, the Representative and Represented, which together make up the body of the Commonwealth: Of the latter, every freeborn Englishman is a member. Now for any man to imagine, that the shadow is more worthy than the substance; the Representative than the Represented; or the House of Commons to be more valuable or considerable, than the body for whom they serve, is all one as if they should affirm, that an Agent or Ambassador from a Prince, hath the same or more authority than the Prince himself, which I presume no rational man will allow. I assure you, that in this I go not about to raise division between the people and their Agents: for they should be linked together by common interest, and mutual respect of common preservation; yet thus much I cannot forbear to intimate, that the one is but a servant of the other: the Commons House to the people, as being elected by them to provide for their welfare and freedoms against all inbred tyranny, or foreign invasion; which by reason of their number they cannot do conveniently in their own persons, without hazard both of confusion & desolation. Thiefs and murderers taken in flagrante delicto, in the very act of a heinous crime, are not more hardly dealt withal; for the cause is declared before they are committed.  
Object. Some may say, How shall we mend ourselves since we have given ourselves, lives and liberties, properties and all into the Parliaments power?  
Answ. It is answered, that this free and abandoned course of ours, whereby they are entrusted with all that is dear unto us, ought rather to oblige them to a tender and conscientious care of the dispensation of that power: For the Sovereign and Legislative power (now used) is not lent them for the ruin and destruction of our laws and liberties, but for edification and strengthening of the same in particular: and the abuse and overflowing of this power is odious to God and man, as degenerating, and Viperlike tearing out the bowels of them, who gave them power, only to attain to some ambitious ends.  
Object. Yes but some will say, the Parliament have a power above the Law, and so cannot exceed or overflow.  
Answ. I answer, they have no power but what they derive from others: Now no man can give that to another which himself hath not: for it is an old and most certain Maxim, That quicquid efficit tale, est magis tale. Now the King from whom they do and aught to derive all the power they have, if it be above the Law, surely his is much more above the Law, though he acknowledges the contrary even now. For it is a sure Axiom, that Dignitas materiati desumitur ex dignitate materiae. Besides, did ever any man see in this (or indeed in any other) Kingdom, a Parliament called without the Kings Writ and peculiar command, by the people or Kingdom they so much talk of? And being summoned by his Writ, they come to consult and give him counsel, not to control or command him. Nay, their power is so fare from being above Law, that they have not power to make a law without the King's consent. Nay further yet, without the King's additional power they are like so many cyphers without a figure, which have no value, are of no force.  
In the tenth year of Rich. the 2. a Parliament was called to sit at Westminster, which gave the King some discontent, insomuch that he went away from them, but he had not been long absent, when the Lords and Commons sent Commissioners to him, to desire him to return. For (said they) if your Majesty should absent yourself 40. days, we should be forced absque domigere regis, to return to our own homes. Heu! quantum mutatus ab illo?  
It is an excellent Maxim, and worth observation in these lawless times, melius sub iniquissima lege, quam sub aequissimo arbitrio vivere. It is better to live under a rigorous and unjust law, than an arbitrary government, though just; the reason is, because by the first he is at a certainty, and knows what to trust to; the later leaves him uncertain in or to all things, but only danger.  
The English Nation is sensible of nothing more than the breach of their liberties, the violence offered to the freedom of their persons, and unjust and illegal impositions upon their estates, witness Magna Charta 30, times confirmed by the Princes of this Island. Let no man dream then that the Prince may trench boldly thereon without check: for such conceit doth but aggravate the offence. For whatsoever devoureth his own kind, we justly account unnatural; and heartburning is easily kindled, when our own fellows begin to domineer over us. Firmissimum Imperium, quo obedientes gaudent; that government under which the people rejoice, and live cheerfully, is most safe and durable.  
It is a sad case that a member of the body represented, a freeborn subject, of life & conversation without just exception, should contrary to the tenor of Magna Charta, contrary to the Petition of Right, yea and Scripture itself, should be imprisoned without showing cause (as many have been) by a Parliament professing reformation professing defence of laws and liberties, and without any urgent or apparent necessity of State enforcing it, it is a riddle to me beyond any thing this monstrous and degenerate age hath brought forth. Those Rulers and Rules of justice at first ordained for our comfort, preservation and liberty, are now perversely wrested to enslave, ruin and destroy. Surely, when after Ages shall ponder and discuss this proceeding in cold and sober blood, in a deliberate and rational consideration, they will be ashamed to own the actors for their Parents or predecessors; nay, it is to be feared, that the stones out of the now modest walls, will rise in judgement one day against the abusers of the trust committed to them, much dishonour will arise to the Parliament in the breach of the known law Magna Charta, which they say is but suspended not abrogated, that they provide for generations, and have not time to attend particular grievances. This may satisfy men of a shallow capacity, and small understanding, or such as suck profit under their commands. None but the mad would yield obedience to them that are regardless of their laws and liberties, or negligent of the means of their subsistence, lively hood and safety, the main ends for which they were convened, and not to provide Offices for themselves. Omne imperium in co●sensu & assensis parentium fundatur, all lawful Empire, or Sovereign command hath its basis or foundation in the consent, approbation & good liking of the people. Is any so absurd to expect good liking from those who daily see themselves abused in their persons, liberties or estates, nay almost ruined in all, hopeless of redress or remedy, when no petition from few hands or many wi●● b●e accepted, without great friends in the House, so that there wa●●s but a good occasion to be tendered for the delivery of them from that condition under which they mourn and sigh. For men touched to the quick in their liberties and means of living, do naturally incline to shake off all ●onds of obedience, and to cast the blame of their sufferings upon the authors, as false to their trust, judging them uncapable of the great weight of authority committed to them; and being stung with a lively sense of their lost freedoms and means of subsisting, will by some sudden attempt, endeavour the repairing thereof, the most ill that can happen cannot reduce them to a worse condition than they are in.  
I cannot but be very sensible that I have incurred the misfortune to fall under the misapprehensions of divers, who cut of the premi●es will conclude I go about to alienate all men from the Parliament but knowing my own integrity that I am altogether clean from the guilt of such a thought, I pass by them as not worth the taking notice of, much less the answering and only make the Apology for myself, as one lately did, I will as near as I can remember, do it in his own words.  
I must confess 'tis no way pleasing to me to dispute the power either of a King or of a Parliament, but had I fortunes of mine own; so fare as those would reach, I would not urge propriety against my Sovereign's commands, and no man ought to complain of my grievance but myself: and if I were content to loss that which the Subjects liberty calls meum, I hope it is no prejudice to that it calls trum. But when I look on the general cause (as at this time) it is otherwise: therefore I hold every man bound to lay particular cases aside, and sacrifice his best endeavours, for a timely composure of these general and unseasonable distractions, and the best way I could think on, is this, viz. Neither for private ends on the one side, to flatter the King, by giving him more power than the Law hath settled in him, nor for by-respects on the other side, to abate the King's due, and give it to the Parliament; but with Allegiance to the one, and submission to the other (as near as I can) give unto both their rights.  
Having therefore spoken thus much, I cannot but say something of the King's power, although, as I said before, it is no pleasing Subject. See what King James saith: Kings are not only God's Lieutenants upon earth, and sit upon God's Throne, but by God himself they are called Gods. If Kings be Gods Lieutenants, they have their power of God, and they that resist the power or Ordinance of God, receive to themselves damnation Rom. 13. But you may see this better explained by King James. King's are justly called Gods; for that they exercise a manner or resemblance of Divine power upon earth, if you will consider the attributes of God, you shall see how they agree in the person of a King. God hath power to destroy or create, make or unmake at his pleasure, to give life or send death, to judge all, and to be judged or accountable to none, to raise low things, and to make high things low at pleasure, and to God are both soul and body due: The like power have Kings, they make and unmake their Subjects, they have power of raising and casting down, of life and death, Judges over all the Subjects, and in all causes, yet accountable to none but God only. They have power to exalt low things, and abase the high, and make of their Subjects like men at the Chess, a Pawn to take a Bishop or a Knight, and to cry up or down any of their Subjects as they do their money, and to the King is due both the affections of the Soul, and the service of the body of their Subjects.  
But now in these our times, we must distinguish between the state of Kings in their first original, and between the state of settled Kings and Monarches that govern in civil Kingdoms. In the first original of Kings some had their beginning by Conquest, & some by election of the people: yet so soon as Kingdom●s began to be settled in civility & policy, than did they ●et down their minds by Laws (which are properly made by the King only) but at the request of the people, the King's Gr●nt being obtained thereunto (for of old Le Roy●s ' avisera was sufficient to dash all the endeavours of the Commons.)  
To conclude this point with King James his own words, touching the power of Kings; It is an axiom in Divinity, that to dispute what God may do is blasphemy, but q●id vult Deus the divines may lawfully and do frequently dispute and discuse, for to dispute a posse ad esse is both Logic and divinity, so it is sedition in Subjects to dispute what a King may do in the height of his power. But just Kings will ever be willing to declare what they will do, and to make and execute good Laws.  
Give me leave to proceed a little farther to plough with his Heifer (pardon the expression.) We have more good Laws than are well executed (y●● 〈◊〉 gifts of Parliaments, who are ordained for making of Laws, and therefore their institution ought not to be abused, in holding them for any me●s particulars, for is a parliament is the honourablest and highest judgement in the land (as being the King's head Court) if it be well used, which is by making of good Law's i● it: So it 〈◊〉 the unjustest judgement-Seate that may be, being abused to m●ns particulars, irr●vo●●ble decrees against particular parties being given therein under colour of general laws and oftentimes the States not knowing themselves whom they hurt: And therefore no Parliaments ought to be holden ●u●● or necessity of new Laws, which w●uld be but seldom: for few Laws and well put in execution are best to a well ruled Commonwealth.  
Thus have I endeavoured to the utmost extent of my poor power to give you satisfaction in your demands, which I have done in as moderate a manner as I could possibly devise, insomuch that I hope I shall displease none (if it have the illuck to be seen in public.) I would now certify you of some news (but not reiterated or frivolous) only the intricate closeness in the management of affairs hinders me, for I am altogether amazed and astonished, as not knowing how to understand any thing for it must be another Oedipus that will unfold this Sphynx; but I pray God to divert his judgements that hang over our heads, that these clouds may not rain down on us another shower of blood. God in mercy look upon this poor distracted Land and send a happy and speedy union, that all differences may cease, and war may no more be heard in our Gates, that all good men will seek grace and ensue it: Let Achitophel's plot and council mischiefs, let Sanballats mock, let Rabshekas rail and blaspheme and seducers every day wax worse and worse, yet magna est veritas & praevalebit: the ways of the wicked though for a time they may prosper, yet they shall never be blessed.  
Sir, being infinitely obliged to you, and honouring you much for your worth and excellent parts, cursorily and hearty, I have written this in answer to your demands, not intending thereby to reprove or revile, or derogate from any power, but only to lay open that all the World may know how far the entrusted power will extend; and if this give you any satisfaction, I have what I desire, If you doubt of the truth of any thing, I hope I am able to make all here good by faithful and authentic Records, or Testimony of such as are worthy of trust.  
I pray you keep it for your own use only, for I should be loath any but a friend see it, it is so rudly done, but I dare say truly and faithfully. Thus praying earnestly to God for a happy and sweet composure of these miserable distractions and differences, desiring you that at your leisure you would be pleased to let me hear from you, and that you would send me the news of your parts. I remain.  
July 20. 1647. Your poor friend and obliged Servant.  
FINIS.