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A83701 A disclaimer and answer of the Commons of England, of and unto a scandalous libell, lately published against the Parliament, and espcially the House of Commons and their proceedings: intituled The remonstrance of the Commons of England to the House of Commons assembled in Parliament, and falsely suggested to be preferred to them by the hands of the speaker. Wherein the malicious cavills and exceptions by the libeller taken to the proceedings of Parliament are detected and summarily answered, and the sottish ignorance and wicked falsehood of the libeller cleerely discovered, and the justice of the proceedings of this Parliament and House of Commons evinced and manifested. England and Wales. Parliament. House of Commons.; White, John, 1590-1645, attributed name. 1643 (1643) Wing E2573; Thomason E100_23; ESTC R12060 28,839 39

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be setled for Law by Act of Parliament the Houses of Parliament must necessarily be Judges thereof and that the King is excluded without whose Royall assent the Act cannot be of force is as senslesse an Assertion as it is groundlesse and so is his Suggestion that this may be a perpetuall Convocation when the Divines are to consult of a few speciall matters only and report their Conclusions and reasons to the Parliament and then to end which cannot be a worke of many weeks or months at most Ob. Sixtly He saith That under the colour of freedom of preaching seditious Sermons are preached daily in the hearing of many of the House of Commons who traduce the Kings sacred Person slander his Governement and in expresse tearmes in courage the maintaining and continuing of this unnaturall and unchristian warre and yet none are punished for it Which makes him feare that this is and long hath beene made by some to be the principall engine to kindle this fire of hell to the just scandall of all good men and slander of our Religion this Doctrine comming so neare to that of the Jesuites Sol. If there were any truth in this charge and this man were guided by any good spirit he would rather turne Informer against such Preachers and hearers in a right way by complaining of it to the Parliament or either House as well yea rather then insert it in this Libell and in such a generall manner without certainty or particularity and we believe the Sermons thus clamoured against are printed for most if not all preached before the House of Commons or in the Church where many of them usually heare are published and of these we can judge and must conclude that this report of them is a loud lie like the rest of this fellows scandalls Indeed we know that many wicked Priests Malignant against the Parliament and the good and safety of the Kingdome have preached sundry seditious Sermons tending to the maintenance and continuance of this unnaturall and unchristian civill-warre against the Parliament and excepting such and others of the like spirit as this Libeller is we are confident there is no man especially if he love the King and Parliament but desires there may be an honourable end and buriall of these contentions Ob. 7 Divers worthy and painfull Preachers have been committed to prison by the House of Commons for delivering their consciences freely and religiously and preaching obedience to their Soveraigne These things tend mainly against the maintenance and propagating of the true Protestant Religion Sol. If this man had informed himselfe of the causes for which Preachers have beene committed by the House of Commons by the Articles exhibited and proved there against them he could not be so wicked as we conceive as to publish so notorious a lie as this is For we find upon search that the Ministers by them committed have publickly preached to stirre-up the Subjects to sedition to take up Armes against the Parliament and Kingdome and to corrupt the King and us with the leaven of false flattering Doctrine of absolute Power in the King to doe what he list with us our estates and lives to pusse-up the King above what is meet and to draw us into a willing and conscientious slavery Doctrines destructive to the Kingdome and contrary to the constitution thereof and our Lawes and contrary to Gods command given us to stand fast in the liberty wherof he hath made us free Gal. 5.1 And considering the endeavours of the House of Commons to remove the Papists Bishops and scandalous Ministers and other rubbish that hindred the prapogating of the true Protestant Religion and to plant faithfull orthodox painfull labourers in this Church which is so notorious to us all Malice it selfe cannot deny but that their waies tend unto the maintenance and propagating of our Religion Ob. Secondly touching the maintaining the Lawes hee charges the House of Commons with these particulars First That they assume to themselves power by a bare Vote without Act of Parliament to expound or alter a Knowne Law where that House formerly assumed no such power but in order towards the making of a new Law nor did the House of Peeres challenge any such thing but they having the power of judicatory as Iudges have proceeded according to the Rules of the Knowne Lawes and upon their Honours are answerable for the Iustice of their Iudgements as other Courtes are upon their Oathes Sol. It is plaine that this fellow erres through grosse ignorance of the proceedings of Parliament and of all the Records thereof in which there is nothing more frequent and familiar in all Ages then to find the House of Commons declaring the Law and complaining that the King hath done things against the Law First Judging and determining by Votes and then claiming the Lawes and the Rights of the people and of their House and the Lords in like manner and that in generall as well as particular cases and not to leade the Reader at this time higher This appeares in the Petition of Right wherein the Commons first declare and expound the Lawes concerning these Rights therein claimed and usurped upon by the King 2. The Lords joyn with them in that Declaration And lastly the King gives his Assent to this Declaration before and without which these things were Law the Statute being declaratory of former not introductive of new Law And the Kings Assent was had only to stop the mouthes of cavilling Court and Innes of Court Sycophants and Flatterers the Moth of Kings and Kingdomes against those Laws and the rest of this charge is a grosse lie and groundles imputation Ob. 2 He saith That the Parliament makes their owne Orders and Ordinances to be as Law and compell them to be observed and with a stricter hand which may bind their Members but not have the force of Laws till by the Kings Assent they be confirmed Sol. Besides the two causes here admitted that they may make binding Orders First in order to making of new Laws Secondly To bind their owne Members it is most evident that the Orders and Ordinances of Parliament are binding and are to be obeyed First where they are in pursuance of the Lawes in being for to them principally belongs the care of preserving the Lawes and of inforcing obedience unto them and of giving strength and vigour unto them by the King and his ordinary Judges and ministers of Justice neglected or abused Such was the late Order of the House of Commons for the pulling downe of Crucisixes and Popish Images according to 3o. and 4o. Edw. 6 ti Cap. 10. revived 1o. Iac. Cap. 2. And against Innovations in Religion imposed upon the Subject against Law as bowing at the Name of Iesus which is idolizing a Name against the Law of God and without any Law of man and they deceive their own souls and endeavour to deceive others that pretend they doe it to worship the Person of Iesus for
for after much time spent about it both the King and they are faine to give it over and goe on upon the Treaty without it And we now also discerne that they desired the best way for us at first and which would bring on an effectuall Cessation and full peace namely that all Armies should be disbanded and that that should be the first of their Propositions concluded and executed before any other And to facilitate the way thereof they have yeelded so fully to the Kings desire in his first Proposition about his Revenue Navy Fortes and Portes as can with any colour of reason be desired to resigne them all unto him onely desiring That seeing himselfe cannot in Person mannage them he will put them into such hands to be named by himselfe as his people may confide in This so evidently discovers and satisfies us of their desire of peace as nothing can doe it more fully more cleerly and after such disbanding the Treaty may goe on concerning all other differences between the King and his great and faithfull Councell in a Parliamentary way when the Kingdome shall be eased of the intollerable burdens of the many great Armies that are now on foot in the bowels of it Ob. And this Libeller further bequarrels the carriage of the Parliament towards the Subject Thus first he saith They have made an Ordinance that the twentith part of mens estates must be paid towards the maintenance of this warre and appointeth who shall value it and then Collectours to distraine for it and sell the distresse and imprison the person that will not pay it if no distresse can be found and their families banished from their habitation Sol. First This is nothing to what is done in the Kings Name by them that seduce him by their evill Councell who inforce many Subjects unto contribution farre surmounting this and plunder and destroy them if they pay it not and take from others all they have without measure or mercy and drive them from their habitation that if the places under the Parliaments protection were not a refuge unto them they must utterly perish with all that depend upon them and seise upon the persons of others that never opposed them and use them with more cruelty and inhumanity then they do their beasts meerly to make a bragging shew of a great victory by many prisoners and all against the Knowne Laws to which his Majesty hath given quickning by his personall Royall assent Secondly The Ordinance mentioned is by this lying tongue that cannot speak truth slandered as if it inforced the paiment of the twentith part when in truth it binds the Assessours not to ascend in their Assessment above the twentith part of any mans estate leaving them power to descend to a lesse proportion and no man that loves his Country will sticke upon so small a contribution for the maintenance of our Religion and Liberties against the hand of violence and foot of pride lift up by the Cavaleers to the destruction of them all Ob. Secondly He saith That least the Parliament should not have the colour of Law sufficient to blind the world they have lately made an Ordinance for the Inhabitantes of Northampton Rutland Derby c. to pay and to be assessed by Assessours named in their Act in imitation of the Statute lately made for the 400000lb. and this as is probable shall be extended to the whole Kingdome Sol. We conceive it very fit just and legall that all should contribute to the saving of all It is necessary the power and priviledges of Parliament be maintained or else farewell Religion Liberty property and all and we shall fall into the like misery as the Subjects of France have ever been sithence their Kings over-powred their Parliaments and destroyed them which Fortescue in the 35. Chapter of his booke of our Laws sets forth And the Parliament for the preservation of the Kingdome may doe and have done greater matters then this as our Histories plainly shew and if any be so impious as not to be willing to save their country it is fit they should be enforced unto it Ob. Thirdly He saith The Parliament hath yet a shorter and asurer way where they understand there is any mony plate or goods to be had they send a party of Horse or other strength to fetch it as out of an Enemies Country because the owners are good Subjects to the King or they suspect them to be so and that alone is crime sufficient to apprehend them or judge them or take execution upon them and all this without the Ceremony of Law by their absolute and omnipotent power which cannot erre Sol. If this lyar had instanced in any particular it would have appeared that such as have been so used have been so farre off from being good Subjects as they have bin manifest Traitors to their country and fomenters of the present unnaturall war and if any be found and judged to be so in the highest Court by that Court it may be legally done without other Ceremonies of Law necessary in inferiour Courts And this power is and ever hath been in the Parliament when the thing is necessary for the publike Defence and safety of the Kingdome and so judged by them whose Representatives and trustees they are in case where the King is seduced by wicked councels to endeavour the destruction of the Parliament which hath bin the designe of such Counsellours ever since the King came to the Crowne as clearely appears to every judicious observer of the times and proceedings at Court. Others of inferiour power have done it as we see in Heburnes case before and judged lawfull but that the Parliament cannot erre was never challenged and is here maliciously and wickedly added to render the Parliament odious which is the main scope of this Libeller and for their Omnipotency though it hath been a Proverbe among the learned of our Lawes that Parliamentum omnia potest yet the Parliament hath never challenged any power but for the publike good of the Kingdome Ob. Fourthly He saith The House of Commons discharges Apprentices and Servants from their Masters service without the consent of their Masters and Dames and either perswades or compels them to serve in their Army against the King Sol. First It is false that the Parliament hath compelled any to serve them in their Army Secondly It is false that the House of Commons alone have done this as appeares by the Ordinance 7º November 1642. And what the Parliament hath perswaded in this is very just the publike Relation of Apprentices to the safety of the Kingdom being more to be respected then their private Relation to their Masters and Dames who partake in the publike benefit of the service in the wane which tends to the saving of them and all they have among the rest interessed with them in the publike safetie Ob. Fiftly He saith That the Parliament hath imprisoned some for Petitioning and some for intending to
would it not rather argue a sordid distemper unbecomming the meanest Subject and be a blot and reproach to him in all ages If this be so in case of an Inferiour Court how can it be an honour to the King to be found in an Army that resists the Processe of the Highest Court and Force raised by it to subdue and bring to Justice the Delinquents against the same and against the Kingdom which that Highest Court represents Ob. Fourthly he saith That as if the Parliament hath shaken off all subjection and they become a State independent they have treated by their agents with Forraigne States Such an usurpation upon Soveraignty was never yet attempted in this Kingdome Sol. We conceive that if the King desert his Parliament his Parliament without him may doe any thing yea every thing conducing to the good and safety of the Kingdome and Parliaments have done greater matters then this in such case as any versed in the Histories and Records of this Kingdome well knowes None so bould in asserting lyes as this fellow certainely upon a Machivilian confidence that men will beleeve rather then examine his falshoods besides his partiality is manifest That he mentions not the Kings usurpation upon the Soveraigne power of the Three Estates from which his power is derived and to which it is subordinate and the immediate issues thereof our Lawes even from the beginning of his Reigne hitherto being seduced and misguided thereunto by wicked Councells in good part set forth in the Parliaments Declaration of the State of this Kingdome the mischiefes and miseries whereof we have abundantly felt Ob. Fiftly he saith The House of Commons command their Orders and Ordinances and Declarations to be printed and published with priviledge but if any thing come from the King which may truly inform and disabuse the people they forbid it to be published and commit them to prison that doe it Sol. The House of Commons in such Commands doe nothing but what is just and fit being their own Declarations and Acts and for the things that come from the King we find they come to abuse the people witnesse the Mercurius Aulicus The Relation of Keinton Battell Mr. Secretary Nicholas his Letters to Forraigne States stuft with the grossest and most apparent lyes that ever were heard As that Colonell Hastings came to Lichfield and drave thence the Parliaments Forces and rescued the Earle of Chesterfield when the Parliaments Forces yet possesse the Towne and the Earle is the Parliaments prisoner And that the Lord Brooke was Armed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 throughout with Armour of proofe when hee was slaine by a shot in the eye and upon examination of those that were present with him at his death it appeares that he had no Armour on at all but his Head-peece That M. Marshall the Divine was madde and cried out he was damned and M. Case administring the Sacrament invited such only as had contributed to the Parliament and such dung-hill stuffe savouring of the spirit of him that was a lyer from the beginning by their fruits you may know them I forbeare to instance in many others as groundlesse as these And who doe truly informe and disabuse the people these men that publish these things for the King and under his Name and in abuse thereof or the Parliament which hath set forth nothing but what upon full examination is discovered let the World judge And we are confident the Parliament hath not imprisoned any for printing any thing but what was dishonourable to his Majesty and false and scandalous to the Highest Court and that is Legall reasonable and necessary Ob. Sixtly he saith That the Moneyes advanced by gift or adventure or Act of Parliament and Souldiers pressed for Ireland to reduce the Rebells there the Parliament hath diverted to maintaine an unnaturall Warre in England so they doe visibly lose the Kingdome of Ireland that they may be the better inabled to lose the Kingdome of England also Sol. The War in our Kingdome we conceive is unnaturall in the offending party that first raised Armes and not in the party defending or Parliament to defend against unjust violence as the Parliament doth is naturall to pursue and endeavour by force to bring Delinquents to Justice that resist the Processe of the Courts of Justice as the Parliament doth is naturall and just by all Laws of God nature Nations and our Municipall Laws and the maintenance of War is of like nature as the War is And if any person or thing designed for Ireland hath been taken and used by the Parliament it hath been for a time only and that also inforced by this unnaturall War to save England without which Ireland cannot stand and is repaid and returned to the use of Ireland againe with great advantage as by the accouts thereof cleerely appeares And who loses Ireland The Parliament which continually sends them all the aide and help they can or can procure or the Evill Councellours about the King that seduce him to take away the Horses and other things prepared for the Traine of Artillery sent thitherward by the Parliament and divers loades of Cloathes and suites of Apparrell bought by the Parliament and sent unto the Souldiers there for which no colour of satisfaction hath been given to poore Ireland to this day And who also withheld the King from giving his Royall assent to the Bill of Tonnage and Poundage thereby as much as in them lyes to hinder all defence of Ireland and by consequence laying open all wayes of supplying the Rebells there with all necessaries for the War and for their support from Forraigne parts And who also put the King upon this unnaturall War whereby England is spoiled and destroyed and the Parliament disabled to raise meanes to preserve and defend that Kingdome Who have drawne over the Commanders imployed by the Parliament against the Rebells of Ireland to foment this unnaturall War and to devoure us and lay wast this goodly Kingdome as Captaine Boteler and 14 other with him lately and others at other times formerly Ob. Seventhly he saith That the House of Commons have shewed themselves averse from peace that they have Voted there shall be no C●ssation of Armes least by a free Treaty a peace might ensue Sol. Our Bretheren of Scotland did treat for peace without such Cessation and with good successe And though the House of Commons did once Vote there should be no Cessation of Armes otherwise then in order to a disbanding in their wisedomes fore-seeing that it would be abused and prove full of snares to the Common-wealth as it hath since proved yet through our importunity they were induced to give way to a Cessation of Armes in order to the Treaty also And now we find by experience the Resolution which when they were their own and not drawn aside by our importunity and by a desire to hold a concurrence with the Lords they tooke up was grounded upon wisedome and cleerely the best