the power of both is indivisible so intermixt that when the Court of Parliament the end of whose Councels is to establish Justice Peace industriously intends the same when we desert our duty unto them we are wanting to our selves unthankful unto them The Government of England as in these latter times it stands since Laws and a setled Forme established since Religion and Laws have met together flourished like couples in a building each supporting other and God honoured in both is not simply a Subordinative but a Co-ordinative and mixt Monarchy yea the highest supremacy it self is compounded of three estates Co-ordinate King Lords and Commons now it is true Subordinata non pugnant but Co-ordinata invicem supplent Fundamentals are equal and all Principals alike Rex est universis minor Bracton the great Lawyer saith Rex habet superiorem sc Deum Legem per quam factus est Rex Curiam sc Comites Barones The agitating this and the like Questions incident hereunto hath disturbed the mindes of men and cost much blood as which hath the Preheminence which ought to bear the greater sway the King or the whole number of the people in their collective Body which the Court of Parliament doth represent Another Question is which is the certain and proper Parliament as the case now stands that summoned by his Majesties Writ to Westminster or that by a latter command to Oxford whither the Principles of the Subjects Peace Religion justice have been of late and before this Quarrel in danger of being born down And whither the conflict in the Quarrel undertaken by those who have endeavoured to provide against that danger be Rebellion The King and His Party whither in their own defence See His Majesties Declarations and Messages since Ianuary 1641. The Oxford Mercury moves the jealousie making the Kings sincerity questionable for whilest the Mercury knowing the Dyet and full digest of the Kings party there cals the Parliament whensoever he names them The Rebels at Westminster notwithstanding the King cals them The Parliament and words of professing Friendship and Complacency being more uncertain then words of Hatred and Defiance although His Majesty terms them now a Parliament a Phrase of Truth and Credit he mâ—y reserve unto himself more bitter thoughts of Anger and future Accusation according to what the Mercury expresseth towards them or not hereafter have sought against them as being Rebels The King not alwayes and constantly calling them so as his Party doth for sometimes he calleth them the Parliament sometimes Rebels whether in sincerity or reservednesse of heart He varieth the phrase His own heart can witnesse It is the note of the wisest of Kings on Earth that the Heavens for height the Earth in depth and the Kings heart no man can finde out not that a King is therefore more transcendently wise or perfect above and beyond all other men nor that his heart is more Divinely inspired or illuminated from above more incomprehensible or His ways like Gods past finding out the Text bears no such construction the frailty and uncertainty of all Kings Actions do evidence the contrary although their Flatterers may peradventure vainly infuse such Doctrine into their ears and from this place of Scripture instruct a King with the necessity and excellency of dissembling the meanest and worst part of wisdom although resembling it Amidst the many Doubts and Jealousies the Suggestions and Machinations at home and abroad against the Peace and well-being of the Kingdom it concerns the Court of Parliament to look unto and prevent in as much as in them lyes the growth of approaching Danger which are then Dangers only when near and in sight when they are instant and befallen they and the opportunity of preventing them is past and become above the name of Dangers Calamity Seeing therefore the Parliament are by Gods special providence met together entrusted in their Countries welfare their courage and unanimity is requisite in perfecting that work for which they were assembled viz. the Maintenance of Gods worship the Kings honour the Subjects Liberty these two the Kings Honour and the Subjects Liberty propagating each other when as it is a larger accesse of dignity to be a King of a free people then of Slaves unlesse He shall in the pursuit of this War reckon to purge the Kingdom of the worst and most enslaved of His people which as the case now stands will otherwise fall out and prove as in letting blood the natural body the best the most free and spirituous to be wasted and spilt as well as that which His Majestie doth in His own sence call the worst Where by the way Gods immediate hand of Providence manifested to his people in the preservation of his glory is especially to be taken notice of that whereas his chiefest End in the creation of Mankinde hath been his own true Worship and the salvation of his people of which he hath a peculiar care seen even in the disposing and ordering of humane affairs as a second and subservient means to his own Decrees That at the same time the Subjects Liberty should be invaded when the Protestant Religion the subversion of which was probably first and principally aimed at howbeit in the managery thereof the Enemies to Both Religion Liberty were ill advised in that the Power and Priviledge of Parliament the Fabrick of all Laws the Subjects Right should be overthrown and fall together with the Protestant Religion Arist Polit cited in the like case by Sir Walter Raughleigh in his Dialogue between a Councellour of state and a Iustice of Peace The Philosopher observes that Homines minus timent injustum pati à Principe quem cultorem Dei putant had they singled out either Religion the Subjects Liberty or the Priviledge of Parliament to be destroyed apart many it is like especially among the common sort of men might have failed in their zeal to the one yet have endeavoured the preservation of the other so the Enemies Design might have better thrived in the successe if Religion singly or the Subjects Liberty alone had been left unshaken without a complication of both to fall together at the same time and by the same power The Parliaments next endeavour is to maintain entire and against all opposition the Power Priviledge and Dignity of their Court no so sure a way as by their constant accord and unity which if overthrown by an advers Power all Parliaments are in danger of languishing in their esteem and must either comply or submit to the Arbitrary will of the Prince who conventeth them at His pleasure and so lose their Freedom What then follows a discontinuance of enacting Laws a dull carelesse and obsolete use for want of due execution of such Laws as are in Being thence an Arbitrary and unlimitted way of Government that Force or the Sword must be the Umpire besides a certain although a remoter consequence a failer of that well-breeding the
amounting to a Dissolving of the Court contrary to a Law consented unto by His Majesty hath added much to the shaking of the Ancient Laws and this War occasioned as is before expressed hath opened a way to the violating all other Laws The Contention hath since the first beginning thereof devolved to matter of Trust the third of the PROPOSITIONS in Demand how the Soldiery and Arms of the Kingdom should be setled and who to be trusted in the managing thereof The King rather those about Him whom the Parliament suspects or the Parliament and those whom they depute So the Militia the Fortresse and Author of the Subjects Safety when well setled bindes up and as it were doth keep the Peace it hath the turning power and casting voyce upon all emergent differences which may happen The Kings Commissioners propose to have the Power thereof divided into an equal number of Commissioners on both sides which the Parliament Commissioners judge not reasonable for that they being named dividedly will act dividedly on every Debate which happens according to their several Interests and the Commissioners on either part will have partakers in the Quarrel so the Militia thus setled and to keep the Peace may prove the overture of a renewed Contention Besides if the Distribution thereof be assigned to fourty whereof twenty to be named by the King the other half by the Parliament the King re-invested to His former Dignity can easily gain upon some one of those which the Parliament shall make choice of so the Kings part being the major will carry against the Vote and Judgement of the lesser part Thus the Accompt cast up it would be all one for the King to name the whole number of those for the Militia And whereas His Commissioners take it for granted That the Commissioners for the Parliament do admit the Jealousies on either part to be mutual therefore the Militia to be mutually and equally managed Their Argument seems reasonable if true for if the Causes of Jealousie were mutual or equal in degree or time the Reason for so dividing the Commissioners were more important But admit the Jealousies to be mutual Jealousies may be as Injuries mutual yet diversified in degree as some more vehement more certain then others some of a longer some of a shorter date If it were as certain as is before observed that the Parliament did intend or attempt any thing against the King as it is certain the Subjects Right and Liberty were incroached upon no question then but the fault rests in the Parliament and the whole War to be judged Defensive on the Kings part To the matter of Jealousie the Parliament suspects the King to be carried away by evil Councel perswading Him and assisting Him against His Supreme Councel of the Kingdom The King and His party chargeth them with being Rebels The substance of which Charge is as already expressed Their taking up Arms against Him their purpose to destroy Him wherefore as guilty of such Treason to be opposed and fought against The Argument is as before examined hoped and prayed for from falsly suggested premises unknown ungranted That whereof the Kings party is suspected there is pregnant presumption for yea matter of Fact So the Jealousies seem to be presented mutual although differing in degree of certainty Here then the oddes between the Accusations on either side the Kings and Parliaments that whereof the Parliament stands Accused is uncertain unknown that whereof the King's party is accused there is vehement presumption for Now whether we shall weigh in the same Ballance the supposititious and unknown with that which is certain and evident and Jealousies unequal in themselves whereon to passe a censure let all men judge The Kings Commissioners and His party seem in nothing more to get the start of the Parliaments then by their often speaking and offering of terms of Peace as of proposing and accepting Treaties But it is not who are the first and most frequent offerers but who the most reasonable and equal in the terms of Treating for a Peace The setling a firm and well-grounded Peace by Treaty should be upon a surenesse and equality of terms which if it cannot be had a compliance and condiscending must which is no losse of credit in the offending part To retract an Error argues two prime vertues Wisdom and Humility and all offendors have not erred as of themselves or of their want of Judgement but by the participation of anothers Error and Opinion which they have prized too much What in the Narrative and Circumstance of this War is to be understood of the contrary thereto Peace and how to be obtained is to be enquired There is a Diversity and Latitude in the word Peace If for one part utterly to cease from Arms and quietly to sit down which indeed were one step to Peace and to expect what then might befal on such a ceasing were in the pursuit of Peace required Or whether a Peace in its more proper definition of a Just and Safe Accord a reciprocal Amity and Tranquility established in Truth and Equity not * See the matter means and definition of a Peace and the contrary thereto quoted out of several Authors by Mr. Lambard in his Eyrenarch lib. 1. cap. 2. pag. 9. Union of the mindes that is not for the present to be had but a restraining of the hands So Just and Safe are as it were the specifical differences in the definition of Peace True and Plain might be added too least whilest they speak of Que nihil habet in sidiarum Cicer Peace in their mouthes they have War in their hearts The latter Safe implyed by what peace it self is sometime taken in a great Lawyers sence calling the Kings Writs Brevia de pace so that Safety being Bracton lib. 4. one Justice ought to be another part of Peace which the Orator doth mean where he sets vis and Cicer. pro Sestio jus one against the other To which also agreeth the same Lawyers description of vis in these words vis est quoties quis quod sibi deberi putat non per judicem reposcit c. According whereunto the two old Statutes say Westminst 1. cap. 1. Rich. 2. Let the Peace of the Land be maintained in all points and common Right done to all In the other Let Peace be well and surely kept that the Kings Subjects may safely go and come and abide according to the Law of the Realm and that Justice and Right be indifferently administred to every Subject In the Texts of Scripture Grace and Peace Peace and Truth do go together Peace and Righteousnesse like individual friends kisse each other So safety to perpetuate and strengthen it is requisite to Peace and a restraint might be had of the hands if an Union of the mindes and so on the other side an Union of mindes if a restraint of hands The difficulty then rests only how either or both Unity of
Art and might nothing left unattempted to awe and conquer them and which they judge most hard that Proclamations forbidding all Traffique unto the place of their sitting that other Messages some requiring Obedience others threatning and sent them where they sit to be debarr'd the publishing their Reason and Answer of not obeying which they cannot communicate thereby to satisfie the Kingdom in that all commerce and intercourse betwixt the King and them is inhibited by those his Proclamations Fear of a Prince's displeasure is a note of a Peoples subjection no lessening their just courage the Parliament have manifested both Submission Courage Courage in not yielding when they were weakest Submission in not refusing to Treat when strongest Former Princes have been best pleased to own such Subjects men of Valor and Constancy not terming those vertues Rebellion Treason when as Rebellion rightly understood may be against a State as against a King it may want a proper appellation otherwise King James as wise and discerning a Prince as the latter times have afforded throughout the Christian Empire erred much in delivering his judgement How he sets forth the Enemies to a State and the unhappinesse of that King who admits such his above recited Speech in Parliament 1609. hath mentioned in several passages thereof Misdemeanors intended and committed against a State are done with an high insolent hand and deserve an answerable punishment as well as against a King the State being a firm and well built frame of Government wherein the King and Kingdom is conerned The King although a Supreme Person yet a Subject to Infirmity The several threatnings published and violence offered the Houses of Parliament may well grow thin when those of the Kings party contend to make his Power absolute and unlimited thence in him to Punish Pardon and Reward at pleasure In him also or in themselves to Judge alone the consideration whereof might invite many to his party who at first deliberatively upon advice and best judgement promised their duty and affections to the Parliament since finding their strength decreased by the departure of many their fellow Members might think it unsafe to stay themselves They could not but foresee that the King offering to remove the Houses of Parliament to some other place the City of LONDON would be quarreled with as harboring those whom his Majesty calls his Enemies and from whence he was driven away as he and his party do complain by seditious Tumults Whether those Tumults were the true or suggested cause of his removing thence or the Letter written to disswade him from any compliant way with the Parliament but rather to betake himself to some remoter place elsewhere c. 'T is true there was at that time which his Majesty speaks of a great concourse of people about Westminster and White-hall and the Londoners languishing long as many Subjects elsewhere did under the heavy pressures of Injustice implored his Majesty and the Houses of Parliament for redresse every one being earnest to have Justice done with the first opportunity of the Parliaments sitting They might peradventure press too near and rudely to his presence but whether his Actions after such removing suited with the Instructions of that Letter then sent when the Jealousies did first begin let all men judge The Orators opinion was Nothing so elegant or Cicer. Offie good but words may stain yea and wrest it too to an ill sense The peoples numerous and importunate desire of Justice their pressing near to his Majesty is by the power of Oratory Seditious Tumults On the other side some taking part with the Parliament give out That the Book of Common Prayer is altogether Idolatrous the Church-Government by Bishops Antichristian There may be an Error and corruptive use in this or any Form yet not to be mark'd by such Attributes Nothing also as the same Orator observes so harsh or horrid but the eloquence of words can mitigate and excuse The impetuous coming of great numbers of Armed men with Swords and Pistols following the King when he came to the House of Parliament to demand the six Impeached Members is by vertue of milde language the * In the Kings Answer to the Declaration from the Lords and Commons 1642. single casual mistake of the King the indiscretion of some few rash Gentlemen Which by the way the disaffection born by his Majesty to the City the place of the Parliaments sitting presaged all possible means to be devised of dividing the place and the Parliament met there which could not be better managed then by excepting against that and adjourning to some other place To speak it plainly it was the Cities Assistance and Affection to the Parliament which caused the Anger for be it spoken to their perpetual Glory the happy correspondence betwixt the City the place of security for that Court and that Courts consulting for the Cities and the Publique good hath hitherto next under Gods Protection delivered Both the City and the Parliament It follows next in point of Conscience which is to be obeyed the King divided from the Parliament or the Parliament as the King is the Head and eminent part of the Parliament the Parliament the Heart of the King although the Head may be forceably or otherwise turned then the Heart directs the Heart is neverthelesse the same nor to be thought divided from the Head Wherefore the Parliament residing there where it was first Summoned and the King there vertually * The Commissions cannot otherwise work then to a Parliament wherefore if his Majâ—sties personal presence be a necessary part of Parliament without which there can be no Parliament the Commissions can be of no force his absence making it no Parliament The granting which lets in other inconveniences upon dispute touching the locality of his presence as where whether in his Throne within the walls of the House or in his Court adjoyning The King and his Majesty are as it were inseparable Majesty is proper to him alone only his Attribute somtimes we say the King somtimes His Majesty neither is any mans person any more then a corporeal substance It is the Minde the Soul the Dignity and qualifications thereof which do as the Philosopher speaks inform and give being unto man Neither can it be thought that a personal contiguity is to be required of the King to be within the Parliament walls no more then the Body of the Sun to descend and touch the Earth when as it sufficeth that by its power and influence it gives heat and nourisheth a Commission for passing Bills in his absence and a Law in force for transacting matters when he is absent by Commission to convey his Royal Assent 33. Hen. 8. Obedience is due to the Parliament so considered viz. his Majesty in his lustre power and vertue being there incorporate with those his Faculties and whosoever resists that Court resists the King as Head Herewith suits the * Rom. 13. Apostles
had not been taken away by the Kings Souldiers near COVENTRY and within His Quarters the English and Protestants there had been relieved c. That the goods and Cloaths so taken away was not without His Majesties knowledge and direction unto which the Kings Commissioners reply That those Cloaths had not been taken away if they had had a Conduct to have more safely passed through the Countrey and further urge That those Forces and other Provisions intended for the Relief of His Majesties Subjects in that Kingdom were diverted and imployed against Him namely in the Battel at EDGE-HILL For proof whereof they mention three or four witnesses some of whom engaged for the service of the Parliament and deserting now the same engagement are advers and none more extreme Enemies to the Parliament whither they be competent witnesses in so extreme a Conflict to prove the Accusations If witnesses may be admitted known to be ☞ maliciously opposite to that party against which they are witnesses the inconvenience may prove in these loose and desperate times as generally noxious as the War it self hath been The Answer to such Accusation as the Kings Commissioners therein urge is no where more fully to be had then to the Enquiry into the Original of this War whereunto all Treaties had to compose this vast difference must have recourse otherwise a meeting to conclude a Peace will vanish into Contention and Disputes for want of a certain Rule or constant Principle to guide the Treaters by The well weighing of the Protestation lately taken might have confined and setled the doubtful and various thoughts of man in what the end and aime of the Protestation was a promise to fulfil in as much as in us lies the Commandments of the first and second Table of the Law directing our duty towards God and man the several parts in the Protestation tending in the sum to the maintenance of Gods Honor the Kings the Subjects Right and Liberty no one part thereof if rightly understood and applied crossing another and therefore how it comes to passe that the Protestation being one and the same the course of mens affections should be thus divided into partakings or that some should be of opinion that to maintain the Kings Honor Person and Estate is to adhere unto Him in this present War in what He shall command They should withal consider the other parts of the Protestation viz. The Defence of the Protestant Religion the Power and Priviledges of Parliament the Subjects Right and Liberty for by the Protesters observing all the King is best observed and trullest His Honor and promises being ingaged to maintain the latter three when as every one who takes the Protestation doth thereby endeavor to make Him a Soveraign Lord of a free and flourishing people The Kings Protestations concurring with and tending to that end so the Protestation taken altogether is best observed and kept To the Protestation for the defence of the Protestant Religion every one who takes it is not immediatly bound by vertue of his Vow to extirpate or remove all Papists that is above the power and liberty of every common person but if he sees the Protestant Religion in danger of declining and that the Papist is connived at and countenanced by higher powers for the question is not about the certain and actual bringing in of Popery but touching the causes of suspition if the Protester adhereth to that party which promiseth to defend the Protestant and opposeth that which countenanceth the Popish his Protestation is the truliest kept a Promise or Vow the more pursued the more fulfilled In like maner to the other part of the same Protestation viz. The maintenance of the Kings Honor every one who takes the same is not thereby bound to comply assent unto and obey the King in whatsoever He may command whether unlawful or unjust or to think all His attempts and actions Justifiable throughout This were indeed in the highest degree to Honor Him but in a more serious and as truly a loyal way of His being honored by His Subjects is when they or those who are put in place and authority over them shall enquire into and provide against all things incident to His Dishonor when they shall endeavor to chastise and suppresse all Affronts and insolencies which may be offered to His Honor This although a more remote and lesse flattering yet a more stable and certain discharge of Duty in Honoring Him But to proceed and examine wherefore His Majesties Page 119. Commissioners presse the want of a Conduct for the guard of those Forces and other provisions intended for the relief of His Majesties Subjects in the Kingdom of IRELAND c. it seems strange when as His giving way to many subscribers and adventurers into that Kingdom His often and tender expressions of the deplorable and sad Estate of His Subjects there His offering to go in Person for the better reducing the Rebels there all or most of these being known to all His Subjects was safety enough in all likelihood and above the strength of many Regiments of Souldiers or above the validity of any Commanders passe to have secured the transporting of such Cloaths and other Provisions intended thither from the violence of His own party The Parliament Commissioners urge farther That it was Declared from His Majesty That he did disapprove the subscriptions of the Officers of the Army by means whereof that course was diverted That the Commissioners sent by the two Houses of Parliament for the better supplying and encouraging the Army in that Kingdom were discountenanced and commanded from the Councel there where the prosecution of the War was to be managed unto which no Answer or Excuse is set down by the Author of the Relation His Majesties Commissioners derive the good and Justice of the Cessation from the Lords Justices and Councel of that Kingdom intimating the same by Letters sent from those Lords to His Majesty and the Speaker of the House of Commons and that had it not been for such Cessation the Protestants there could not have subsisted The Parliament Commissioners answer That Page 135. those Letters sent do no way intend the inducing a Cessation nor that the Copies shewed to them do contain any thing tending to or any the least intention of a Cessation and that those Letters sent were therefore written to quicken a supply from the Kingdom of ENGLAND They farther averring That notwithstanding such Cessation which many and considerable persons of that Kingdom do still oppose many English and Scotish there do yet subsist The Arguing and Debating which hindering the Supplies and Assistance which otherwise might have been afforded hath added much to the Affliction and Calamity of His Protestant Subjects there and to be imputed wholly to the Authors and Persisters in this War For whilest both parties in the War do contend to maintain and increase their power in opposition each to other and consequently