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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A56182 The contra-replicant, his complaint to His Maiestie Parker, Henry, 1604-1652. 1643 (1643) Wing P400; ESTC R22502 28,940 31

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lesse feare in the party striking to break and retard its violence It issues like a bullet whose line is not direct but with some elevation in the ayre or with some windings in the barrell of the gun whereby it doth more execution at a further distance Therefore our Kings many and dreadfull Oaths and Vowes of sincerity in the Protestant Religion are not satisfying if in the mean time any of his Kingly prerogative bee shared with such as are not sincere in the Protestant Religion it were farre safer for us that hee would sweare for his party then for himselfe But our Replicant will never have done with the Law hee still tells us That every man is to bee tryde by his Peeres the Lords in the Lords House and the Commons at the Kings Bench and though the House of Commons have no right of Iudicature yet there is another tryall for Treasons and our m●●●e p●int in difference at this time is concerning Treason The Parliament is nothing else but the whole Nation of England by its owne free choice and by vertue of representation united in a more narrow roome and better regulated and qualified for consultation then the collective body without this art and order could be The Lords and Commons make but one entire Court and this Court is vertually the whole Nation and we may truly say of it that by its consent Royalty it selfe was first founded and for its ends Royalty it selfe was so qualified and tempered as it is and from its supreame reason the nature of that qualification and temperature ought only to be still learnd and the determination thereof sought For who can better expound what Kings and lawes are and for what end they were both created then that unquestionable power which for its own advantage meerly gave creation to them both If Kings and nationall lawes had any humane beginning if they be {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} as the Scripture sayes they are they had not their being from themselves and from nations collectively taken they could not have their being for nations so are not congregable nor consultable nor redeemable from confusion pardon the hardnesse of words and therefore it must follow that both Kings and laws were first formed and created by such bodyes of men as our Parliaments now are that is such Councells as had in them the force of whole Nations by consent and deputation and the Maiesty of whole Nations by right and representation The enemies of Parliaments seeing this not to be gain-said and seeing that it must needs follow that that cause which first gave the being and prescribed the end of that being must needs have most right and skill to limit and direct the manner of that being they seek to divide the coactive from the representative body of the people they seek to divide between the two houses of Parliament and these seek to divide between the head and the body of the Parliament They perswade the multitude that they have entrusted the Parliament only with their purses to give away subsidies and replenish the Kings coffers but not to settle their rights and franchises and to make knowne the bounds of Prerogative and restraine the unnaturall encroachments or erruptions of the same If the community have beene agrieved to complaine or almost accuse is a sufficient priviledge of the house of Commons and this but to avoid further repining shall not be granted them T is pity that our Doctors doe not study the Law further for with a little more industry they might perhaps finde out that every private man as well as the house of Commons or the whole Community out of Parliament as well as our Knights and Burgesses in it may give the King money and if occasion be preferre an accusation against such a ●yrrannicall Lord or favourite well if such Rabbies and expounders can satisfie any of the unworthy vulgar and some Gentlemen and Lords who have spirits below the Yeomanry of England for such I have seene too many since 3. Novemb 1640 they shall be no further disabus'd by me In the next place They attempt to work a disunion between the Houses the Lords shall have a power of Judicature ●ver their Members so they will exclude the Commons from any part therin and upon condition that they will so farre disclaime them as to leav● them obnoxious for tryalls at the Kings bench This sitting of the Lords and Commons in severall Houses does not prove them severall Courts nor does the observance of particular Priviledges in either House and not laying all things common between both prove any independance of either doubtlesse they are like the twines of Hippocrates they both must live and die together In former ages judgement was so given upon the greatest Delinquents at that the Commons were parties in the judgement And sure whilst they were Judges over Lords themselves were not subjected to inferiour Courts the Lords then knew they could not indure any indignity to fall upon the Commons being but distinct parts of the same Court but it would reflect upon themselves and the Commons knew that the honour of the Lords was an addition to themselves whilst the Curiatii stand close together their three adverse Combatants are too weake for them but when they are divided by unwarinesse in the encounter they prove all three too weake for one of their enemies I will not make any comparisons or say whither the Lords or Commons deserted by the other suffer more I will only say that nothing but fatall want of policy can divide or diminish their mutuall love and correspondence In the last place division also is raised betwixt the King and Parliament there is a generation of men which se●ke not the good of King and Parliament nor could prosper if the King and Parliament were united as they ought to be These men because their suggestions cannot prevaile to alienate the Parliament from the King apply all their indevours to alienate the King from the Parliament their perp●tuall suggestion are That the greatnesse of Kings is eclipsed by Parliaments That there is in Lawes themselves a kind of enmity and something that is inconsistant with royalty That Kings are bound to seek nothing but themselves That Kings can seeke nothing in themselves so nobly as the satisfying of their wills especially when their wills are fixt upon things difficult and forbidden Neverthelesse there is nothing but falsety in all these suggestions For Princes are the Creatures and naturall productions of Parliaments and so are their Prerogatives as has been set forth and every rationall and naturall thing loveth its own off-spring and that love is rather ascending then descending it is liker the sap of the root then of the branch viz. The people are more inclinable to love Princes then Princes to love the People There is likewise a neare consanguinity and reflexive benevolence of aspects between Lawes and Princes they are both of the same descent and tend
it is Major or Minor be entertained in grace and equipage proportionably and this difference is composed 10 But sayes the Replicant the Kings party is the more just and therefore to be preferred and this is to be judged of by rule as thus the Parliament intrenches upon our Liberty by imprisoning without cause according to pleasure and claimes to be unquestionable therein The Parliament intrenches upon Religion by committing our best Professors and planting Sectaries in their stead the Parliament proceeds according to reason ●f State not Law and this places an arbitrary power in them a●d makes ordinances equall to acts of Parliament He●re in a breif su●me all that ever has been spoken or can be spoken against the Parliament and all this is grounded upon an ung●a●●ed proposition that the Parliament has no right to defend it self For if it be lawfull for both Houses of Parliament to defend t●emselves it must of necessity follow that they may and must imprison levye moneyes suppresse seditious preachers and make use of an arbitrary power according to reason of State and not confine themselves to meere expedients of Law Enough has been said o● this 't is imp●ssible that any wise man should be opposite herein and the Kings party have more recourse ●o reason of State and arbi●ra●y power by far than we have But i● it be said that the Houses abuse arbitrary power in imprisoning ●evying moneyes c. cau●●l●sly this is a false calumny and not t●●e granted without particular and pregnant proofes of which the Replicant produces none at all were it not for this great noise a●d boast of Arbitrary power our Academians would want matter to st●ff● their in numerable pamphlets withall and the sillyer sort of Malignants would want ●uell to feed their enmity And yet we know Arbitrary power is only dangerous in one man or in a ●ew men and cannot be so in Parliaments at any time much lesse in times of publick distresse for then it is not only harml●ss●● u●necessa●y The House of Commons without the other States hath had an arbi●rary power at all times to dispose of the treasure of the Kingdome and wh●re they give away one subsidy they may give 20 and where they give 50000● at one subsidy they may give fifty times so much and all this whether war or peace be Y●t when did either King or Subject complaine of this arbitrary power Nay if any parts of the Kingdom have repined at the abuse of this arbitrary power and refused to pay subsidys assessed by the house of Commons what Kings would suffer it when was it not held a good ground of War so both Houses have an arbitrary power to abridge the freedom of the Subject and to inlarge the Kings prerogative beyond a measure they may repeale our great Charter the Charter of Forrests and the petition of right if they please they may if they please subject the whole Kingdom for ever to the same arbitrary rule as France grones under nay they have often been with force and all manner of sollicitations almost violented into it and yet notwithstanding all this we are neither terrifyed nor indangered at all by this arbitrary power in both houses To have then an arbitrary power placed in the Peers and Comm. is naturall and expedient at all times but the very use of this arbitrary power according to reason of State and warlick policy in times of generall dangers and distresse is absolutely necessary and inevitable but 't is a great offence that both Houses should make ordinances generally binding They which would take from us all meanes of defence if they could dispute us out of the power of making temporary Ordinances h●d their wils upon us for defence without some obliging power to preserve order and to regulate the method of defence would be vaine and absurd but this is but one branch of arbitrary power and reason of State and to wast time in proving it necessary in times of extremity if defence be granted lawfull were childish and ridiculous I have now done with the Replicant so far as he hath spoken to the matter I shall now come to his emergent strange calumnious speeches against the persons of such and such men but this were Caninos rodere dentes I forbeare it only rehearsing some raylings which need no answer but themselves The two houses are generally railed at as guilty of Rebellion against the King All adherents to Parliament are railed at as Anabaptists Separatists c. The Lord Major is railed at for preventing bloudshed in the City when the Petitioners under the pretence of seeking for Peace had many of them plotted dissention and this his Office is stiled the stiffling of peace in the womb The City Preachers are railed at for satisfying our Cons●ie●ces in the justifiablenesse of a defensive war for this they are charged to fight against the King in the feare of God and to turn the spirituall Militia into weapons of the flesh The framer of the Answer is rayled at for giving the Petitioners just satisfaction in peaceable language Though his words be confessed to be softer than oyle yet 'ts said that the poyson of Aspes is under his lips he is called a Cataline the firebrand of his Countrey whose sophistry and eloquence was fit to disturbe a State but unable to compose or setle it The judgment of all these things is now submitted to the world what the intent of the Petition was in some master-plotters and contrivers of it will appeare by the arguments of this ●ell Replicant Whereby it is now seconded That the name of an Accomodation was pretended to force the two Houses under colour therof to cast themselves upon a meer submission or to be made odious and lookt upon as foes to peace which was a Scilla on one side and Charybdis on the other is here manifested Whether the Answer to the Petition favour of so much malice and enmity to peace as this Replication does let indifferent men censure Lastly whether the soule of that man which thirsts for a firme Peace may not dislike these practises of pretending to it and the soule o● that man which hates peace may not make advantage of the name of peace let all wise men proved and examine FINIS