quarrell and in defiance of the adverse trayterous Peeres he which would have told him that those Swords drawne for him were in truth drawne against him and his best friends and those Swords on the other side drawne against him or rather against his seducers were indeed drawne for him should have found but poore acceptance for without doubt the King would have thought such a suggestion an abuse to his sences to his reason to his conscience and an impudent imposture worthy of nothing but scorne and indignation And if it had beene further pressed that the voyce and councell of the Peeres was the voyce and councell of the major and better part of the Kingdome whereas Spencers party was but of inconsiderable fortunes and his Councell was but private and might tend to private ends it is likely the King at the last resort would have referred all to his owne will and discretion but I have now done with the businesse of Hull and therein I thinke with all objections against the Loyaltie of the Parliament for the same reason will extend to all their Votes and actions concerning the Militia c. and in summe all ends in this if Kings bee so inclineable to follow private advise rather then publique and to preferre that which closes with their naturall impotent ambition before that which crosses the same are without all limits then they may destroy their best subjects at pleasure and all Charters and Lawes of publike safetie and freedome are voyd and God hath not left humane nature any meanes of sufficient preservation But on the contrary if there bee any benefit in Lawes to limit Princes when they are seduced by Privadoes and will not hearken to the Great Councell of the Land doubtlesse there must be some Court to judge of that seducement and some authoritie to inforce that iudgement and that Court and Authoritie must bee the Parliament or some higher Tribunall there can be no more certaine Crisis of seducement then of preferring private advise before publike But the King declines this point and saith that hee doth not undervalue the whole Parliament or lay charge of Treason upon all he doth confesse that divers have dissented and divers beene absent c. hee deserts onely and accuses the faction and conspiracy of some few in Parliament Wee are now at last fallen upon an issue fit to put an end to all other invectives let us sticke close to it The King promises very shortly a full and satisfactory narration of those few persons in Parliament whose designe is and alwayes was to alter the whole frame of government both in Church and State and to subject both King and people to their owne lawlesse Arbitrary power and government a little of this Logicke is better then a great deale of Rhetoricke as the case now stands If the King will please now to publish the particular crimes of such as hee hath formerly impeached of Treason and the particular names of such as now hee sets forth in those Characters and will therein referre himselfe to the strength of his proofes and evidence of his matter it is impossible that any jealousie can cloud his integretie or checke his power any longer Then it will appeare to all that he hath not left us out of any disaffection to Parliaments or out of any good opinion of Papists Delinquents and other Incendiaries but that hee was necessitated to depart from us that hee might be the better able to preserve to us our Religion Lawes and liberties and that none of his solemne oathes of cordiall love to us hath wanted integretie and faith This will satisfie all lovers of Justice that he gives not light credit to weake whisperers or malitious informers whose ayme may bee to bring this Parliament to some ignoble tryall or to confound it without any tryall at all by generall aspertions and meere calumnious surmises this will proclaime his cander and sinceritie and set a brighter luster upon his Justice then any oratory whatsoever By the performance of this promise he shall not doe onely right to himselfe but also to the whole kingdome for the distracted multitude being at last by this meanes undeceived shall not onely prostrate themselves and all their power presently at his feet but for ever after remaine the more assured of his good whether to publike liberties and Parliamentary Priviledges Howsoever nothing but the awfull promise of a King could make us thinke so dishonorably of Parliaments or suspend our judgements so long of them for an Aristocracy in Parliament cannot bee erected without meanes and what this meanes shall be is yet to us altogether inscrutible for the power of Parliaments is but derivative and depending upon publike consent and how publike consent should be gained for the erection of a new unlawfull odious tiranny amongst us is not discernable the whole kingdome is not to bee mastered against consent by the Traine Band nor the Traine Bands by the Lords or debutie Lievtenants nor they by the maior part in Parliament nor the maior part in Parliament by I know not what septem-virat there is some mistery in this which seemes yet above if not contrary to nature but since the King hath promised to open it we will suspend our opinion and expect it as the finall issue of all our disputes The maine body of the difference being thus stated I come now to the observations of some other severall obiections against this Parliament and exceptions taken against arbitrary power in all Parliaments and I shall observe no order but consider them as I finde them either dispersed or recollected in the Kings late Expresses The Parliament being complayned against for undutifull usage to the King above all former Parliaments hath said that if they should make the highest presidents of other Parliaments their patterne there would be no cause to complaine of want of modesty and dutie The King because some Parliaments formerly have deposed Kings applyes these words to those Presidents but it may iustly be denyed that free Parliaments did ever truely consent to the dethroaning of any King of England for that Act whereby Richard the second was deposed was rather the Act of Hen. the fourth and his victorious Army then of the whole Kingdome The Parliament is taxed of reproaching this Kings government to render him odious to his subiects whereas indeed all the miscariages and grievous oppressions of former times are solely imputed to the ill Ministers and Councellors of the King And all the misfortunes of these times since November 1640. are imputed to the blame of the Parliament the Kings words to the Parliament are That the condition of his Subjects when it was at worst under his government was by many degrees more pleasant and happy then this to which the Parliaments furious pretences of reformation hath brought them to In this case the Parliament being accused of so haynous crimes did uniustly betray themselves if they should not lay the blame upon the
and can make appeare to the world as some of his Papers mention wherein they have attempted or plotted any thing against his person and Crowne which was the onely motive why hee sought to absent himselfe from London and to possesse himselfe of Hull and to frame such an impeachment against some of both Houses if this can be affirmed and proved the Parliament shall be held guilty in all their Votes Ordinances and Commissions concerning Sir John Hotham and the Militia c. Although it be the first time that any free Parliament was ever so criminous but if this cannot bee prooved it must be granted that according to the Votes of Parliaments the Kings departure did by frustrating Parliamentary proceedings in a time of such calamitie and distresse greatly indanger two Kingdomes and whosoever advised the King to that departure and to the charging of Treason since layd upon the Parliament and all such as have obeyed them in seeking to prevent publicke mischeefes are as pernicious enemies to this State as ever received their being from it The businesse of Hull is most instanced in let that be first survayd Sir John Hotham is to be lookt upon but as the Actor the Parliament as the Author in holding Hull and therefore it is much wondered at that the King seemes more violent against the Actor then the Author but since through the Actor the Author must needs be pearced if the Act be found Treason let us consider of circumstances the same act may be treasonable or not if such and such circumstances vary for example to possesse a Towne and shut the gates against a King is Treason if there be not something in the act or in the intention or in the Authoritie of him that shuts the gates to qualifie and correct the nature of Treason in that act The first thing then to be lookt on is that the King was meerely denyed entrance for that time his generall right was not denyed and no defying language was given no act of violence was used though the King for divers houres together did stand within Musket shot and did use termes of defiance and this makes the act meerely defensive or rather passive And therfore how this should administer to the King any ground to leavy guards at Yorke many men wonder or that it should seeme the same thing to the King as if hee had beene pursued to the gates of Yorke Did the King without any feare treate Sir John Hotham as a Traytor in the face of his Artillery and after to enter Hull with twentie Horse onely unarmed and continue such a harsh Parley so many houres and yet when hee was in Yorke in a County of so great assurance could nothing but so many bands of Horse and Foot secure him from the same Sir John Hotham The next thing considerable is the Parliaments intention if the Parliament have here upon turned any of the Townesmen out of their estates or claymed any interest in it to themselves or have disseized the King utterly denying his right for the future or have made any other use of their possession but meerely to prevent civill warre and to disfurnish the Kings seducers of Armes and Ammunition let the State bee branded with Treason but if none of these things bee by any credit though their enemies should bee judges the most essentiall propertie of Treason must needs here bee absent in this act The next thing considerable is the Parliaments Authoritie if the Parliament bee not vertually the whole kingdome it selfe if it bee not the supreame judicature as well in matters of State as matters of Law if it be not the great Councell of the Kingdome as well as of the King to whom it belongeth by the consent of all nations to provide in all extraordinary cases Ne quid detrimenti capiat Respub let the brand of Treason sticke upon it nay if the Parliament would have used this forcible meanes unlesse petitioning would not have prevayled or if their grounds of jealousie were merely vaine or if the jealousie of a whole kingdome can bee counted vaine or if they claime any such right of judging of danger and preventing them without the Kings consent as ordinary and perpetuall and without any relation to publike danger let the reward of Treason be their guerdon But if their authoritie be so sacred their intention so loyall their act free from offensive violence and if the King might have prevented the same repulse by sending a messenger before hand or by coming without such considerable Forces in so unexpected a manner let not treason be here misplaced Had Faux falne by a private mans Sword in the very instant when he would have given fire to his trayne that act had not bin punishable and the Scots in England tooke Newcastle but by private authoritie yet there were other qualifications in that act sufficient to purge it of Treason and he is not comprehensive of the value of a whole State nor of the vigour of our nationall union which does not so interpret it how much more unjust then is it that the whole State of England shall be condemned of Treason for doing such an act as this when its owne safetie wherein none can have so much interest as it selfe was so highly touched Let not all resistance to Princes be under one notion confounded let the principles and ingredients of it be justly examined and sometimes it will be held as pious and loyall to Princes themselves as at other times it is distructive and impious Let us by the same test try the actions intentions and authoritie of the Papists now in Ireland and compare them with this businesse at Hull and we shall see a diametricall contrarietie betweene them Their actions are all blood rapine and torture all ages all sexes all conditions of men have tasted of their infernall crueltie Their intentions are to extirpate that Religion which hath indeavored so long to bring them from Idolatry and Atheisme and to massacre that nation which hath indeavoured so gently to reduce them from poverty and beastiall barbarisme Their chiefe leaders in this horrid tragedy are Jesuites and meere Bandettoes and the Authority of King Parliament and Magistracy is the principall thing which they strike at and seeke to overwhelme in this deplorable deluge of blood such a direct contrariety then being betwixt the true Rebells in Ireland and the misnamed Rebells here in England the same men which condemne the one if they would be true to themselves they ought to commend the other for we have had experience often in England and other nations have had the like that Kings have marched forth amongst their enemies to encounter with their friends so easily are they to be flattered into errour and out of errour to seeke the ruine of those which ayme at nothing but perdition And yet questionlesse when Richard the second was invironed with the Forces of Spencer and his confederates vowing to sacrifice their blood in his
government being used as Physicke not dyet by the intermission of due spaces of time has in it all that is excelleut in all formes of Government whatsoever If the King be an affector of true liberty he has in Parliament a power as extensive as ever the Romane Dictators was for the preventing of all publike distresses If the King be apt to intrude upon the common liberties the people have hereby many Democraticall advantages to preserve themselves If Warre bee here is the Unitive vertue of Monarchy to encounter it here is the admirable Councell of Aristocracy to manage it If Peace be here is the industry and courage of democracy to improve it Let us now see how Kings usually governe without Parliaments especially such as are ruled by Councell averse from Parliaments I need not speake of France and other Countries where together with these generall Assemblies all liberty is falne to the ground I need not travell further then our stories nay I need not passe beyond our owne Times my discourse will be endlesse if I doe The wisest of our Kings following their owne private advise or being conducted by their owne wills have mistaken their best Subiects for their greatest enemies and their greatest enemies for their best Subiects and upon such mistakes our iustest Kings have often done things very dangerous And without upbraiding I may say that this King by the fraud of such as have incensed him against Parliaments and his most loyall people hath so far been possest with a confidence in the zeale of Traytors that he hath scarse ever yet enioyed that grandour and splendor which his Ancestors did enioy He hath met in the field with two contrary Armies of his own Subiects and yet that Army which he went to destroy and advanced their colours against him was more loyall than that which himselfe commanded and yet both were more loyall than those fatall whisperers which ingaged them so one against the other if the whole Kingdome of Scotland had been more hearkened to rather than some few malignants of the Popish and Prelaticall faction the King had sooner found out the fidelity of that whole Kingdome and the infidelity of that wicked faction But as things then stood the King was as much incensed against them as he is against us now and he that did then perswade him that the Scots were no Rebels seemed as great an enemy as he doth now that shall defend the innocency of Sir John Hotham there was no difference at all betwixt that ease of the Scots and this of ours the King attributed then as much to his own conscience and understanding as he doth now and he attributed as little then to the publike Votes of that Kingdome as he doth now to this only in this our condition is the more unhappy because that so fresh and memorable experiment doth not at all profit us but still by a strange kinde of relapse the King seemes now the more firmly to relie upon his own private reason and counsell the more cause he hath to confide in publike advertisements and the more he professes to doe contrary the maine question now is whether the Court or the Parliament gives the King the better Councell the King sayes he cannot without renouncing his own conscience and reason prefer the Parliaments Councell before the Courts and that which the King here calls Conscience and reason can be nothing else but meere private opinion for if the Councell of the Parliament were directly opposite to common understanding and good conscience and the Councell of the Court were evidently consonant thereunto there needed no such contestation For example the Parliament conceives that such and such ill offices have been done to frame parties and unite forces against the Parliament the State and therfore they desire that such Townes and Forts and the publick Militia may be intrusted to the custody and command of such Noblemen and Gentlemen as they confide in the Kings secret Court-Councell suggests against this that this request incloseth at reasonable intention in it and that the ayme is to wrest all power out of the Kings hand that he may be forced to depose himselfe the effect of this is no more but to let the King know that they are more wise and faithfull than the Parliament and that hee may doe royally to hearken to them in condemning the Lords and Commons of most inexpiable unnaturall impossible Treason for they must needs love him better then the Parliament but he cannot hearken to the Lords and Commons without offering violence to his owne reason and conscience here we see the misery of all if Princes may not be led by their owne opinions though infused by obscure whisperers when they scandall the loyalty of whole kingdomes without cause rather then by the sacred and awfull councels of whole Nations they are denyed liberty of conscience and ravisht out of their owne understandings And yet if Princes may be admitted to prefer such weak opinions before Parliamentary motives and petitions in those things which concerne the Lives Estates and Liberties of thousands what vain things are Parliaments what unlimitable things are Princes what miserable things are Subiects I will enlarge my selfe no longer upon this endlesse Theame Let us look upon the Venetians and such other free Nations why are they so extreamly iealous over their Princes is it for feare lest they should attaine to an absolute power It is meerely for feare of this bondage that their Princes will dote upon their owne wills and despise publike Councels and Laws in respect of their owne private opinions were not this the sting of Monarchy of all formes it were the most exquisite and to all Nations it would be the most desirable Happy are those Monarchs which qualifie this sting and happy are those people which are governed by such Monarchs I come now to the particularities of our own present case for it may be said that though publik advise be commonly better than private yet in this case it may be otherwise some men have advised the King that the Parliament hath trayterous designes both against his Person Crown and not to be prevented but by absenting himselfe denying his influence and concurrence frustrasting and protesting against their proceedings is invalid and seditious and laying heavy charges of Rebellion upon them to this advise the King hearkens so the Parliament requests and advises the contrary and now in the midst of all our calamities of gasping Ireland and bleeding England the Parliament seeing that either they must make use of their legislative power and make ordinance to secure some Forts and settle the Militia of the Kingdome in sure hands and to prevent the seducers of the King or else two Kingdomes should probably bee lost they doe accordingly The King proclaymes to the contrary notwithstanding The question then as I conceive is this onely whether or no the King hath any just cause to suspect the Parliament of Treason