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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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THE Contra-Replicant HIS COMPLAINT To His Maiestie A Petition for Peace is presented to the Parliament by some thousands of Citizens the Petition findes a peaceable answer and that Answer as I shall now set forth is opposed by an unpeaceable Reply but that time may be the better husbanded and indifferent Readers the better satisfied before I undertake the Replication it selfe I desire all men to be preadvertised of some few things Schollars have been very active in this unnaturall warre both in raysing and fomenting it the tongue hath made some wounds as well as the hand and the sword had never been so keene had it not been whetted by the Pen but Schollars are not active on both sides alike to shew their partiality and interest in this cause 't is only on the Kings side where the Pen and the Launce are both brandisht in the same hand And it is wisely ordered for the Kings Interest will be the more hopefully pursu'd when Schollars second it with their Arts and the Schollars Interests will be the easier gained when the King seconds them with his Armes But of all kindes of Learning Oratory is most relyed on and of all kindes of Oratory that is most made use of which is most wantonly painted and dressed and borrowes most from ostentatious Art and is therefore most unfit for businesse either of Law or State because it is most fit to inveagle and deceive with its false graces and flourishes The tongue of Cyneas was very advantageous to Pyrrhus in subduing Townes and Cities but 't is likely more of manly Logick then of effeminate Rhetorick flow'd from that tongue of his or else Townes and Cities in those dayes were governed by very illitera●e men None but the duller sort of people are to be catcht by pure Oratory the wiser sort are well enough instructed that when the Fowlers pipe playes most melodiously the snare is coucht most pernitiously That man is very unworthy to judge of Papers that cannot distinguish betweene foundations and superstructions reasons and Assumptions that cannot discerne betweene prooving of premises and pursuing of conclusions and yet the chiefest fraud of the Orator is to passe over that part of the businesse which requires most proofe without proofe at all and that which is most darke without light at all and that which is most important without mention at all 'T is enough for the Orator to blazon the bloudy shield of warre in generall when 't is his sole charge to dispute who are the guilty causers and promoters of this particular warre 'T is enough for him to take it for granted or at most upon his owne credit to affirme it That the Kings party of Papists and Arminian Clergy men and delinquents were first assayled by this Parliament without cause or danger and so per saltum to proceed to venemous invectives and cursed censures against the Parliament when his maine taske is to proove either that a Parliament may in no case whatsoever defend it selfe or that this warre in the Parliament is not defensive If wee peruse all the papers which have come out in the Kings behalfe under his name or otherwise we shall find nothing proper to be insisted on but these two points That defensive warre is unlawfull in Parliaments or that this warre in the Parliament is not defensive and yet nothing lesse hath been insisted on nay though the Fabricke bee vast that is built and raised thereupon ye● that which ought to support all the fabrick is utterly neglected so in this reply now to be examined if much be affirmed yet little is prooved and if any proofe be made 't is of sequels not of premisses 't is of assumptions deduced not of Theses deducing and 't is plaine and obvious to all that the Replicant here pleads not as if he stood at the barre but pronounces sentence as if he sate on the Bench We may justly therefore suspect that he aymes not at the satisfying of wise men but the dazelling of simple men and that he would not daube with his sucusses every line and embellish with his Caressing Phrases every sentence if he did not affect the pompe of Mr Rhombus the Pedant rather then the graviti● of a Statist The next Art of our Replicant is to impose those his nude averments which are most false and improbable with most boldnesse and assurance assailing as it were thereby the beliefe of other men with armed violence That it may passe for currant that Farnham Castle was surprized contrary to the faith and Treaty of Sir William Waller with whom no Treaty was ever entertained nor spoken of it must be further averred That our side was false at Winchester false in Yorkshire false every where but these things ●adem facilitate negantur quâ affirmantur Another advantage of the Kings party is by multitude of writings invective and Satyricall both the Universities are become mints of defamatory disgracefull papers the Regiments of the Kings Pen-and-Inkhorne men are more and fuller then of his sword-men and though too many papers are scattered of both sides yet those of the Kings are most of them serious and done by able men whereas those of the Parliaments side for the most part are ridiculous done by Sots or prevaricators to the disadvantage of the partie After these premonitions I come to the Replication it selfe The substance of the Petition was That the Parliament would tender such Propositions for Accommodation as might be accepted with honour to his Maiesty and safety to the Kingdome The substance of the Answer was that the Parliament was truly and heartily desirous of a safe and honourable Accommodation and for an instance of that their desire would seeke nothing from the King but to enjoy the due essentiall Priviledges of his highest Court of Law and policie which priviledge must needs qualifie and fit them rather to judge then to be judged by any other inferiour partie That a totall submission to the King he being so farre addicted to a faction of Papists and haters of Parliaments could neither be safe nor honourable That to submit to the Kings party were to submit to the foes of Religion and Libertie foes irreconcileable and such as ever had been dangerous and were now made more furious by bloud against the Parliament That if the Petitioners being but a part of London and that but a part of England should in stead of an honourable safe Accommodation presse the Parliament to a dishonourable unsafe submission to the Kings party it were a breach of publike trust in the Parliament to yeeld therein the Parliament being trusted by the whole Kingdome that if a just fit Accommodation be intended the King ought to trust the Parliament in part as well as the Parliament ought in part to trust the King That both parties being equally disarmed the Protestants being lesse countenanced by the King and more obliged in Conscience by oathes and agreements would be more obnoxious to disadvantages then that party
wherein so many Papists are predominant That though the Parliament might submit yet a faire Accommodation it could not obtaine except the King would equally condescend thereunto That if the Petitioners had found out a more safe and honourable Accommodation then the Parliament had yet discovered for that was possible the Parliament would embrace it That if none such could be found out the affections and Judgements of the Parliament ought not to becensur'd or distrusted That it behooved the Petitioners to addresse themselves by the like petition to the King if no want of affection to peace were apparent in the Parliament as certainly none was In contradiction and opposition to all the severall poynts in this A●alysis what the Replicant hath set forth wee shall now see in the same order 1. The great contrivers of our sad divisions which abuse the weake reason of the people to keepe up an unfortunate misunderstanding between King and Subject are not named by the Replicant but they are clearely pointed out to be the Chiefe Lords and Commons in Parliament for he saith Every new Vote of late hath been a new affliction and he makes Pennington and the Citty Lecturers to be but Iourney-men Rebels under them and even this Hellish slander he venteth under the name of the Petitioners whom he stiles the most considerable persons of the Citty and at the same time affirmeth that the people generally are of honest affections And the Answer to the Petition in which the words he saies are softer then oyle though the matter of it be poison of Aspes he attributes only to some Chiefe Engineers of mischiefe in the House though it carry in it the Authority of the whole House Here is a wonder beyond all wonders A few factious persons in Parliament over-awe the major better and wiser part in Parliament and by a few factious Instruments in Citty and Countrey abuse the major better and wiser part there also into the most miserable distempers and calamities that ever were and though the honest generality begin to grow wiser and are instructed by the sence of their miseries and by other advertisements from loyall Papists and Prelates and other pious Courtiers and souldiers to shake off their few Tormentors Nay and though the King himself has not onely publisht the most eloquent and subtill Declarations to disabuse the people that ever were himselfe being the most beloved and honoured Prince that ever was for his indulgence to Liberty and Religion but ha●h also advanced a most puissant and victorious Army to releeve these undeceived wretches yet the incantation holds no humane force either of Arm●s or Art● can dissolve it The miracles of Moses had an impression of divine vertue upon them and did therefore triumph overall the Egyptians spels bu● in this case Mr Pym with I know not what infernall engines distorts and wrests all the Orbes of a Kingdome from their naturall motions and yet no divine Art can resist him 'T was never beleev'd before that any but God could work contrary to nature but now it must be beleeved But is it so apparent that the Parliament is averse from peace yet saies the Replicant For withdraw the fuell and the fire is soon extinguisht Let the Parliament not foment the ill humour by supplyes of men Armes and Ammunition and the wound will heale of it selfe In the petition nothing but an Accommodation safe and honourable was pretended but now we see a meere submission is intended in this replication T is not prooved That the Armes of the Parliament are unjust 't is not prooved that it may be safe for the Kingdome to prostrate and subject Parliamen●s to the discretion of that faction which now has bereav'd us of the Kings presence and favour yet because the Replicant will take upon him to condemne Parliaments we must also allow of his Judgement But ' its further say'd by the Replicant that even Accommodation it selfe is not pleasing in Parliament witnesse that sp●ech of one I like not daubing and that of another I hat●●●● name of Accommodation Hee which hates the name of an Accommodation as it has bee● used of late to signifie a totall submission may love a true Accommodation in it selfe and he that likes not the daubing of those which under the colour of Accommodation ayme at nothing but division and dissention amongst the people may more heartily affect a safe and honourable agreement then the Replicant himselfe Can the Parliament expresse zeale to peace better then by contracting all its rights and priviledges into one compendious proposition for the setling of union To purchase true peace the Parliament desires nothing but to retain the meere being of a Parliament that is to be the supreme Court of King and Kingdome And if it can stand with the essence of such a Court to be arraign'd tryed and sentenced by a faction of Papists Prelates Delinquents and Souldiers the Parliament will submit to that Condition also 2. When we expresse our feares of the Kings party and therefore deny submission thereunto as dangerous and dishonourable the Replicant tels us further we are required not to submit to our fellow subiects but to the King only and he tels us further that the Lawes are the best security and those we shall enioy and to claime any higher securitie is to assume the power of Kings How farre the Lawes of the Land have been sufficient to preserve to Parliaments and the be●ter part of loyall Protestant subjects their rightfull portion and interest in the Kings favour for these 17. yeares last past is knowne to all The Lawes of Scotland could not secure the better and greater part there The Lawes of Ireland have not saved the Brittaines and Protestants from Massacres there and yet certainly both those Kingdomes are intitled to Lawes of as ample benefit and vigour as ours now is But what speake we of Common Lawes when even at this instant such a free subjects house is burnt and plundered by the Kings party in derision and despight of the Kings owne Proclamation and particular Placard granted for the safegard of himselfe and his family As our Judges preyed upon us heretofore in matters of State and Divines oppressed us in matters of Religion so our Martialists now have a power of spoyling above the generall Law or any particular protection If the King thinke fit to grant safety to such a person or such a Towne it must be provided alwayes that such a Dutch or Scotch Commander who conceives himselfe more skilfull in war then the King give his approbation withall for my part I conceive it more honourable for the King to say that he cannot then that he would not save his people from all those cursed indignities and cruelties which have been multiplyed upon us during this warre and before by his adherents As for Lawes therefore we must take notice that they may be imployed either to the benefit or prejudice of any Nation and that
against the Parliament if his cause be generally apprehended as the more just But sense teaches us the contrary that no King in the unjustest cause that ever was had a weaker party then this King considering what cour●●s he has taken The King has an Army and such an Army as is able to force and overawe all places where they lye with swords drawne over the Pesants but cursed be that man for my part that next after God would not referre the arbitration of this difference to the publike vote of the people And yet we know that there is a great deal of servilty in the people and that for the most part they looke no further then to present grievances like Esau in his Pottage bargain chusing rather to dy for ever of a Lethargy then to sweat for a time under a Feaver 5. All Controversies are determined either by the Dye of Force and chance of War for so Nations have ever censur'd that kind of tryall or else they are concluded by Lawes justly interpreted or else there is a middle way which we call Accommodation and that is commonly when to avoid the mischiefe of the Sword and the uncertaine intricacie of Judgement both parties by mutuall agreement cond●scend equally to depart from the rigor of their demands on either side and so comply accommodate and meet together upon termes as equall as may be Whersoever then the word Accommodation is pressed as it is now with us in the London Petition for the word Submission is not at all used 't is most absurd and contradictory to exclude a yeelding and compliance of both sides See then the manifest unjustice of our Replicant who when the matter of Accommodation onely is in Treaty yet urges u● to a meere submission and taking it for granted that he is Judge and that he has determined the matter for the King therfore the King ought not to condiscend or comply at all or leave any thing to the Parliaments trust but must wholly be trusted in every point 6. The King requires to have preserved to him for the future that compasse of Royall power which his Progenitors have been invested with and without which he cannot give protection to his Subjects The Parliament desires to have preserved to the Subject peace safetie and all those priviledges which their Ancestors have enjoyed without which they cannot be a Nation much lesse a free Nation Now the Militia and Posse of the Kingdome must be so placed and concredited and that the King may be as equally assured of it as the Parliament or else without all Accommodation the King must be left to the Fidelity and duty of Parliament or else the Parliament must be wholly left to the Kings discretion or rather to the Kings party In this case what shall be done the Parliament pleads that the King has resigned himselfe too far into the hands of Papists and Malignants from whom nothing can be expected but pefidie and cruelty the King objects that the Parliament is besotted with Anabaptists Brownists Familists and Impostors from whom nothing can be expected but disloyalty and confusion If the King here will grant any security against Papists and Malignants the question is what security he will give and if hee will give none the question is how he can be ●aid to s●eke an Accommodation so on the contrary if the Parliament will undertake to secure the King as that is granted then what must that securance be I will now take it for granted that the King ought to abjure for the secure the giving of countenance to Papists or being counselled or led by them in State matters as also to disband his Forces and that the Parliament will doe the like and abjure all dangerous Schismaticks and Hereticks But for a further ●ye to strengthen this abjuration and for a ●●curance against Malignants who are not yet so perfectly distinguisht on either side what shall be the reciprocall caution or ingagement Shall the King have all Ports Ships Armes and Offices in his dispose Shall the King assigne to what Judges he pleases the division of our quarrels or shall he trust his Parliament in the choise and Approba●ion of persons intrusted I will not dispute this I will onely say that the nature of an Accommodation requires some condescending on both sides and it is manifest injustice in the Replicant to prejudge the same as unbeseeming the King more then the Parliament and in all probability the Parliament is likely to condiscend upon more disadvantageous termes then the King and is lesse lyable to be mis●ed and lesse apt to break a trust then any one man 7. To shew that the Parliament is disaffected to an Accommodation and the King not that therefore a Petition to the Parliament is more proper seasonable then to the King The Replicant bitterly revil●s the Parliament as having punished some for seeking peace and as having rejected the Kings gracious offers of peace with termes of incivility below the respect due to a King What more damnable crimes can any man load the Parliament with then with rebelling against the King first after rejecting officers of peace with foul● and scandalous language Yet this the Replicant freely grants to himselfe and as if hee were placed in some tribunall above the Parliament where all allegations and proofes were utterly superfluous he proceeds ●o sentence very imperiously For ought I know I am as venerable and unquestionable a judge in this case as hee is yet I dare condemn nothing but rash and presumptuous condemning of authority without proofes and for that I have Scripture it selfe for my proofe As for the Kings comming to Brainford in a mist and during a Treaty and there surprising men unprepared and retiring againe upon the drawing up of our forces that these are instances of seeking peace and shewing favour to the city is not so cleare to my understanding as to the Replicants 8. But sayes the Replicant you grant that the people may perhaps find out a better way of Accommodation then you have done and you allow them to petition when you fa●le of your duty And this must needs overthrow the strongest and most popular argument of your innocence and authority The Parliament did never assume to have an absolute freedome from all failes or Errors nor does detract from other mens knowledge it vindicates nothing more then to bee lesse obnoxious to deceit and perversenesse then other Courts and that the rather because it disdaines not any advise or reason from any parties whatsoever 9. The Answerer demanded from the Petitioners a modell of an Accommodation to bee framed by them for the better help and instruction of the Parliament The Replicant satisfies that Demand Hee makes two propositions thus 1 That the Parliament shall as readily consent to the Kings Rights as the King consents to theirs 2. That the Reigne of Queen Elizabeth may be the measure to determine those rights In this
Replicant further assures us That t is very easie to assigne the bounds of these severall trusts for the Lawes and Customes of the Land determine both nor will his Maiestie he saies require any new trust to himselfe or deny any old trust to us Our great D●vines were to bee admi●ed for their profound knowledge in the mysteries of Law were they not Courtiers but now the King is presum'd to comprehend omnia jura in scrinio Pectoris and so they by their residence at Court discerne all the secrets of Law and State in speculo Imperii just as our heavenly Saints doe read all things else in speculo Trinitatis Our gravest Sages of the Law are much divided in points of lesse moment and intricacie and as for the precise metes and bounds where Soveraignty and Liberty are sever'd and the direct degrees of publike trust in all cases and at all times they looke upon them as grand difficulties scarce fit to be debated but in the sacred Court of Parliament and yet Clergie-men think them but the first rudiments of all knowledge obvious to very A. B. C-Darians C-Darians They alwayes boast of the knowne Lawes of the Kingdome in all disputes they referre us to the knowne Lawes and Customes of the Land as if Judges were things utterly needlesse and the study of Law meerely superfluous The Tresha●lt Court of Parliament of whose determination our learnedst Judges will not thinke dishonourably cannot pierce into these known obvious Lawes and yet every Sophister can the Fountaines of Justice are now exhausted and yet the Cisternes remaine full But saies the Replicant If you seeke further security then the knowne Lawes the people will see that under the name of free subiects you take upon you the power of Kings Sir we desire to have our Lawes themselves secured to us which you may turne like our owne Canons against our selves if righteous and prudent Iudges be not granted us and all over-awing violence so prevented as that the fruit of their Iudgements be clearely and intirely conveyed to us And such securance is not incompatible with Monarchy for it is no more impeachment to Monarchy that the people should injoy th●n make lawes that they should be sharers in the power of declaring and executing then in the power of passing framing lawes but it is on the contrary an evident impeachment to liberty if an equality of these three Priviledges be not at least shared with the people 3. As for the diametricall opposition in Religion and State betwixt us and our irreconciliable enemies of the Kings party The Replicant maintaines divers things and of the Papists and Delinquents he sayes That we have nothing against them but State Calumnies That the same justice may governe both if wee will submit to Law He beseeches us to tell what Religion we would have if that which the Martyrs sealed with their blood our Adversaries practise it and desire severe punishment upon all such as transgresse it he imputes to us a new Creed he sayes the King is to look upon friends or enemies in a Law notion only that Subjects must not give Lawes to Princes courtesies That our enemies if they be Traytors are to be tried at the Kings Bench the house of Commons having no right of Judicature The major part of our enemies are certainly either Papists or else such as are either over-awed or outwitted by Papists T is true some part of our enemies knowes the truth of the Protestant Religion and the desperate antipathy of Papistry yet having in them the true power of no Religion but serving Mammon only for their worldly interests sake with which severity of Parliaments will not square they adhere to Papists little regarding what Religion stands or what falls Another part out of meere ignorance is carried away with the name King and the Professions of the King not at all looking into reason of State nor being able to judge of the same but the last sort of men are not so considerable either for their number or power or malice and therefore I shall not insist upon them The maine Engineers in this Civill Warre are Papists the most poysonous serpentine Iesuited Papists of the world All the Papists in Europe either pray for the prosperity of this designe or have contributed some other influence and assistance to it This warre was not the production of these two last yeares nor was England alone the field wherein the Dragons teeth were sowd Scotland was first attempted but the Protestant party there was too strong for the Papists and such of the English as joyned with them The conspiracies next broke out in Ireland where the Popish party being too strong for the Protestants the Tragedy has been beseeming Papists it has proved beyond all paralell bloody and if shipping were not wanting they might spare some aids for their fellow Conspirators here in England England is now in its agony bleeding and sweating under the sad conflict of two parties equally almost poized in force and courage The Papists themselves in England amount not to the twentieth arithmeticall part of Protestants and yet one papist in geometricall proportion may stand against twenty Protestants considering the papists with together with their adherents and considering also what they are that act over them and who they are that act under them What power the Romish Vice-god has in the Queen is known what power the Queen has in the King and what power the King and Queen have in the prelaticall Clergy and the Clergy in them reciprocally and what power the King Queen and Clergy have on a great number of irreligious or luke-warm protestants now made Delinquents and so further engaged as also upon all papists how all these have interests divided intwined how restlesly active they al are in pursuing their interests is not unkown Besides Ireland is a weakness Scotland is no strength to us all popish countries France Spain c. are likely to annoy us and the protestants in Denmark Holland c. have not power to restrain their Princes from combining further against us In this deplorable condition we have no friends to complain to and yet this Replicant tels us we have no enemies to complain of our very condoling against papists and delinquents he tearms State calumnies and slanders that have lost their credit by time and are confuted by experience O thou black mouth more black then thy coat hast thou no more remorse for all that pretestant blood which delinquents have enabled papists to shed in Ireland and for all that protestant blood which armies of papists and delinquents are now ready to shed in England if all this blood finde no pity in thee yet is it an offence to thee that it extorts teares and lamentations from us O thou unbowelled sanguinary wretch if God be the God of protestants he will judge these cruelties of papists and their abettors and if he be the God of papists
to the same end and both are inviolable whilst they are assistant each to other the enemy of both has no hope to prevaile Si attribuat Rex legi quod lex attribuit ●i T is retrograde also to nature that Princes whom God has set to feed his people and not without the creation of the people should think themselves more valuable then that people or that they should confine their thoughts to themselves as Gods despising the universality when God has called particular subjects their brethren and forbidden them to lift up their hearts above any of them Lastly that Princes which have as other men sinfull affections and are subject more then other men to sinfull temptations and are accountable to God therefore in a higher degree then other men should think it inglorious to deny their own irregular wills and to submit to Lawes Parliaments and the Publike prayers and advice of their subjects 't is a thing scarce credible The most expert Navigator preferres the guidance of his Needle before his own conceit the most tried Engineer wholly relies upon the certainty of his rule All Artists how rare soever apply themselves to their Instruments absolutely renouncing their skill and experience in comparison of Mechanick directions Only Princes chuse rather to erre with their own fancies and fancy feeding flatterers then to go right with publick advice and no mischiefe which can happen to themselves and millions of others by their error seems so unkingly to be suffered as a retractation from error But our Replicant has more particular objections against Parliaments As ●irst That they have no cognizance of matters of State secondly That in matters of grace and pardon th●y have no power or right the King in those has an Arbitary sole authority Lawes ayme at Iustice Reason of state aimes at safety Law secures one subject from another Law protects subjects from insolence of Princes and Princes from sedition of Subjects so far as certaine rules may be given and written but reason of State goes b●yond all particular formes and pacts and looks rather to the being then well-being of a State and seeks to prevent mischiefe ●orraign as well as Domestick by emergent Counsels and unwritten resolutions Reason of State is something more sublime and imperiall then Law it may be rightly said that the Statesman begins where the Lawyer ceaseth for when warre has silenced Law as it often does Policy is to bee observed as the only true Law a kind of a dictatorian power is to be allowed to her whatsoeever has any right to defend it selfe in time of danger is to resort to policy in stead of Law and it is the same thing in the Replicant To deny to Parliaments recourse to reason of State in these miserable times of warre and danger as to deny them self-defence Many men especially Lawyers would fain have Law alone take place in all times but for my part I think it equally destructive to renounce reason of State and adhere to Law in times of great extremity as to renounce Law adhere to Policy in times of tranquillity Nothing has done us more harme of late then this opinion of adhering to Law only for our preservation the King and his party though they are too wise themselves to observe Law at all yet have wrought much upon the simpler sort of our side by objecting against us neglect of Law Certainly as our dangers now are it would bee good for us to adde more power to the Earle of Essex if he be thought the worthiest man of Trust amongst us as he has deserved no lesse estimation for till I see him look● upon and served as a temporary Dictator and the bounds of his Commission to bee only this ne quid detrimenti capiat Respublica cavere I shall never think the Parliaments safety sufficiently provided for To frame any Arguments or reasons or to offer p●ooses that the Representative body of the Kingdome is a Counsell of State rather th●n a Court of Justice would shew me as foolish as the Replicant t is impossible any man should doubt of it that does think the being is to bee preserred before the well being or that whole Nations have any imterests either in their owne being or well being Let our Adv●rsa●ies triumph in their owne conceits and when in the same case there is both matter of Law and State as in the case of Hull where the King had ●n interest rather in State then Law let them upbraid us for declining of Law I shall like that best which they dislike most in us I wish we had not observed Law too farre for they would never so farre recommend it to us did they not know it might be sometimes unseasonable As for acts of grace and pardon I shall not much quarrel thereabout the Parliament can best advise the King how far it is fit to passe a Law of oblivion in these generall times of confusion And the Answerer of the London Petition affirmed ●othing but that their advise therein was likely to be most wholsome which can hardly be contradicted And the Law is cleare enough that though the execution of Law be farre intrusted to the King and there is a dispensing power in Him so farre as he is supposed to be damn●fied or to be interested in the penalty yet where crimes have been committed against the whole State the King ought not and where particular men have been injured the King cannot suffocate frustrate or deny Justice 'T is against his Oath 't is against publike Liberty to deny satisfaction by stopping execution 4. But London is the most considerable part of the Kingdome and the Petitioners the best part of London and the most to bee valued in other parts are inclined to the same request for peace therefore the Parliament ought to yeeld When our Adversaries please they can alledge numbers for their advantage as if the Major part of the people were cordially on the Kings side when they please they can give you reasons why the major part of the people are inchanted and therfore cannot be on the Kings side yet we all know the major part cannot be both for and against the King at the same time in the same case Besides divide England into 3. parts and we doe not allow London to be the major of those three and divide London into 3. parts and the Petitioners cannot make it appear that they are full one third part this must be attributed to our Replicants boldnesse meerly That which is manifest is that most of the faulty and decayed Nobility and Gentry are of the Kings party and so are the Lees of the people but almost all of the Yeomenry which is the most considerable ranke of any Nation and a very choyse part both of Nobility and Gentry at this time side against the King and the Papists And it is impossible for any rationall man to imagine that the King has not infinite advantages
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
the Replicant is very reasonable for we freely submit to both his propositions but he is not so Politick as he thinks ● for a submission to th●se generall propositions will not determine any one of our Particular debates Let us be safe as wee were in Queen Elizabeths dayes and let us be secured of our safety by the same meanes as Queen Elizabeth secured us That is by shewing no countenance to Papists much less● admitting them as Counsellors least of all as Governors in her highest Councells let wise men generally loved and revered sit at the Councell Table and let the Publick advise of Parliament sway above all private let our Lawes be in the Custody of learned and uncorrupt Iudges and let our Militia be under the Command of such renowned Patriots as shee preferred in her dayes and our Accommodation is more ample and beneficiall then any we have yet desired But our Replicant will suggest Be you such Subjects as Queen Elizabeth ruled and King Charles will treat you as Queen Elizabeth did her Subjects doe you right first to the King and the King will not faile to doe right to you Here is now the maine Question indeed which rightly solved would solve all whether these deplorable miseries which have of late vexed and grieved our three Nations have rather hapned from the Change of the People or from the Change of the Prince And most certaine it is future Ages will conceive no great doubt or difficulty to be in this Question but now it is mortall to dispute it it is scarce lawfull to suppose any thing herein Though supponere be not ponere but by way of supposition I will only plead thus if the three Nations have by I know not what fatall posture and Congresse of stars or superior Causes declined from their allegiance and degenerated into unnaturall obstinacy and turned recreant and contrary to the sweet Genius which was ever in their Ancestors they are bound to submit to the King to put in him as full and absolute a Trust as our Parents did in Queen Elizabeth but on the contrary if miscarriages in government and the pernicious Counsells whereby our Princes have been guided have overwhelmed us in these inundations of blood and mischiefes the Alteration and Reformation ought to begin first in the King and He cannot expect that we should trust him so farre as we did Queen Elizabeth untill we are assured as fully of his protection as we were of Queen Elizabeths but suppose there have been ●aults on both sides can nothing but the sword rectifie our faults I never yet heard that any Prince was forced to a warre with any considerable part of his own Subjects but that he had an unjust cause or might have determined the strife without bloud by some Politick Comply●nce if he pleased It is not so common or probable in nature for Nations causlesly to rebell as for Princes wickedly to oppresse and when armes are taken up on both sides it is not so safe for Subjects to yeeld as for Kings nor can Subjects so easily reduce Kings to a peaceable agreement and cessation of Armes as Kings may Subjects for the sparing of blood Kings can make no composition almost dishonourable or disadvantagious but Subjects being fa●●e into the indignation of revengfull Princes are necessitated commonly to this choyce either to come forth with halters about their necks or to fight upon great disadvantages as Rebellious as the Subjects of Rehoboam were a kind ●ay a Civill Answer might have retayned them in their allegiance and yet if their termes had been full of insolence and their Capitulations more unreasonable yet Salomon's Councellors would have perswaded Rehoboam to yeild to necessity and to master that multitude by some finenesse of wit which he could not Tame for the present by violence And certainly he shewed not himself the Son of Salomon that wo●ld not purchase an heredit●ry Empire over a gallant Nation by being a Servant for one day that would quit ●is own policy because the multitude had quitted their civil●tie that thought that Complyance which should gaine a scepter more dishonourable than that Contestation which should absolutly forfeit one How easy had it been for the great the wise the terrible Philip of Spaine to have prevented the totall defection of so many goodly Provinces in the Netherlands and if it could not have been done without something which is ordinarily accounted below a K. would not that have been more honourably done by him then the casting away o● so brave a Dominion a●d the casting after that so much blood treasure That King of France was far wiser and sped better which satisfied himselfe in his strugling through many difficulties with this Maxime That a Prince can loose no honour by any Treaty which addes to his Dominion Infinite instances might here bee alleadged but they are needlesse God send our King truly to represent these things to himselfe and rather to trust plain then pleasing advice God open his eyes that he may see how honorably and easily he might h●ve preuented these calamities and may yet stanch our bleeding wounds and how much m●re difficult it is and u●safe for the Parliament to compose things u●lesse he or rather his Party be equally disposed to hearken to peace H●● the 4. was as wi●e as vali●nt and as just a Prince as ever was Crowned in Eng●and and no Prince ever had by experience a more perfect understanding of the English Genius yet he in his death be● where dissimulation uses to be laid aside in his last advice to his own son an ●heire whom it was not likely he wo●ld willingly deceive ●●ciph●red the English Nation to be generally observant of their Princes and whilst they were well treated and preserved in Peace and plenty most incomparable for their per●ect inviolable loyalty but of all nations the most unquiet under such a ha●sh rule which should render them servile poore and miserable This he had abundantly prooved and found true by the wofull deposition of his unpolitick Kinsman and predecessor Rich the 2. and his own prosperous and glorious Raigne and many strange traverses of Fortune which throughout his whole Raigne He was forced to encounter withall His scope therefore was to recommend to his sons charge this Nation both as duti●ul● and as generous of whose loyalty he needs not to doubt so long as his Iustice was not to be doubted O that this most Excellent Prince could bee againe summoned from his peacefull Monument to repeate the ●ame advertissements in our Soveraignes eares and to justle out of his presence these bloud thirsty Papists and Malignants which use all possible art to staine the peopl●s loyalty and to candy over all his actions intending thereby not to reconcile the people by procuring grace from the King but to confound both King and people by fostering enmity between both I will only adde this by such instigations as our Replicant and his