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 illiteraâ—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 yeâ— 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 gravitiâ— 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 â—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
we know our slanders and calumnies cannot deceive him wee submit our selves and our cause to his revenging hand But thou wilt say the Kings party in this warre are good Protestants and we are Anabaptists c. The tyranny and superstition of Bishops has driven some of our tender and stricter protestants into utter dislike of Ceremonies and that pompous or rather superstitious forme of Church discipline which has beene hitherto used in England Some of us desire an alteration of some things in our Lyturgy by advice of a learned and uncorrupt Synod others perhaps scruple Church musick and any set forme of divine service to be imposed of necessity liking better the single order of Scotland What new Creed is there in all this or what change of Religion were this if there were any great numbers of men so opinionated But it is well enough knowne to our Adversaries that there is not one man of both Houses of Parlialiament that is violent against all publick set formes of prayer or that forme which is now in use or that desires any alteration of Doctrine in Essentialls nay nor of Discipline except in things very few and inconsiderable And it is well knowne that the Parliament as it would loosen the rigour of Law in some scruples for the ease of tender consciences so it abhors utterly all licentious government in the Church and all by-wayes of confusion In the City the King has instanced in Pennington Ven Foulk and Mannering as notoriously guilty of Schisme and doubtlesse they were named for want of worse try these men now by the old Creed or by the nine and thirty Articles nay examine them concerning the Common prayer Book and it will soon appeare how farre they are strayed into Brownisme or any other Schisme it will appeare how they are wounded in schismatick and all protestants in them and the true Religion in us all it may be they have not put pluralities or the Parliamentary Votes of Bishops into their Creed it may be they have reserved no implicite faith for Convocation acts and Canons which the Replicant may perhaps judge very irreligious but they hope this never had any anathema pronounced against it in the old Church by any Councell before Antichrists dayes Let not railing passe for impleading and condemning and we will all be tried in the same manner and if any new Creed be found amongst us differing in substance from the old let our adversaries themselves give and execute sentence upon us If Brownists could be as well distinguisht and nominated in our Army as papists are in the Kings or were really as many and as far countenanced we would distrust our cause whereas we now beg no otherwise the blessing of God upon our Armies then as we are enemies both to Popery and Brownism Dares our Replicant make such a prayer no somtimes he owns Papists and somtimes he seemingly disowne them speaking of the Kings party once he saies As for the establisht religion we will become suiters to you that you will severely punish all persons whatsoever that transgress against it Papists certainly have transgrest against our religion if the rebellion in Ireland be a transgression or if the instant taking up of arms here against the parliament be a transgression yet see at the same time when they call us to punish the papists they themselves arm enable papists to punish nay to destroy us is this all the ingenuity we shall expect well to our law notion it is argued in the next place that a Papist fighting for the King though in a notion of Theology he may be accounted an enemy quatenus a Papist yet in understanding of Law hee was accounted the Kings friend as to his fighting Priest squires Doctrine just hee that fights for the King or rather at the Kings command let the cause be what it will he is the Kings friend When Saul gave a furious command to fâ—ll upon the Priests of Iehovah amongst all his servants he had no entire loving freind but Doeg so when his unnaturall rage â—ncited him to take away the life of Ionathan the whole Armâ— that defended Ionathan were his foes and if it had proceeded to parties as it had if Saul had had as many Idumeans in his service as King Charles now has those onely which had been the execrable instruments of the Kings Tyranny had been the Kings friends and had fought for their King so those six hundred men which adhered to David out of a pious intent to preserve his innocent soule from the bloudy hands of Saul and his three thousand impious murderers and the Keilites also if they had been faithfull to David as they ought to have been were guilty of Treason and drew their swords against their master But I expect now that the Replicant insist upon the Iustice of the Kings cause as not taking armes to master the Parliament but to defend themselves against the Parliament this if it could be proved would over-rule all but it being in question and as resolutely denied by one side as affirmed by the other the Replicant must evince by reason all that he expects to gaine from us 'T is not so probable that a Parliament should invade a King as a King a Parliament 'T is not so probable that a Parliament should be misled and have ends to enrich it selfe by oppression as a King 'T is not so probable that that Army which consists all of Protestants should be so adverse to the reformed Religion as that which admits and favours all Papists and Delinquents T is not so probable that that Army which is raised and payed by Parliament that is by the flower of all the English Nobility and Gentry should fight for Arbitrary government and against propriety liberty and priviledge of Parliament as that which hath nothing considerable but rapine and pillage to maintaine it If many evidences of facts many pregnant proofs and many lively circumstances of time and place did not absolve the Parliament of trayterous conspiring against the Kings Crowne Dignity and person and convince Digby Percy Iermin and divers of the Kings and Queens party of conspiring against the priviledges of Parliament and the lives of many of our noblest Pariament men If all other arguments did faile the very invitation of Papists to the Kings Standard the rising of the Papists with such generall consent now that all Ireland is almost lost to the papists and some hopes were else to recover it would sufficiently assure me that religion and liberty stand in more danger of the Kings party than of the parliaments I could not with more cleare and cheerfull confidence die for the truth of the protestant Religion then for the Iustice of the parliaments cause in this warre noscitur ex Comite c. Let the papist plead for the Delinquent and the Delinquent for the papist those ends which have so closely cemented and kindly incorporated both together make a sufficient
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 â—f State not Law and this places an arbitrary power in them aâ—d makes ordinances equall to acts of Parliament Heâ—re in a breif suâ—me all that ever has been spoken or can be spoken against the Parliament and all this is grounded upon an ungâ—aâ—â—ed proposition that the Parliament has no right to defend it self For if it be lawfull for both Houses of Parliament to defend tâ—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 oâ— this 't is impâ—ssible that any wise man should be opposite herein and the Kings party have more recourse â—o reason of State and arbiâ—raâ—y power by far than we have But iâ— it be said that the Houses abuse arbitrary power in imprisoning â—evying moneyes c. cauâ—â—lâ—sly this is a false calumny and not tâ—â—e granted without particular and pregnant proofes of which the Replicant produces none at all were it not for this great noise aâ—d boast of Arbitrary power our Academians would want matter to stâ—ffâ— their in numerable pamphlets withall and the sillyer sort of Malignants would want â—uell to feed their enmity And yet we know Arbitrary power is only dangerous in one man or in a â—ew men and cannot be so in Parliaments at any time much lesse in times of publick distresse for then it is not only harmlâ—ssâ—â— uâ—necessaâ—y The House of Commons without the other States hath had an arbiâ—rary power at all times to dispose of the treasure of the Kingdome and whâ—re they give away one subsidy they may give 20 and where they give 50000â— at one subsidy they may give fifty times so much and all this whether war or peace be Yâ—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 hâ—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 Consâ—ieâ—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 â—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 oâ— that man which hates peace may not make advantage of the name of peace let all wise men proved and examine FINIS
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 Aâ—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 haâ—h also advanced a most puissant and victorious Army to releeve these undeceived wretches yet the incantation holds no humane force either of Armâ—s or Artâ— can dissolve it The miracles of Moses had an impression of divine vertue upon them and did therefore triumph overall the Egyptians spels buâ— 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 Parliamenâ—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 spâ—ech of one I like not daubing and that of another I hatâ—â—â—â— name of Accommodation Hee which hates the name of an Accommodation as it has beeâ— 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 beâ—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
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 Dâ—vines were to bee admiâ—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 Treshaâ—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 thâ—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
discovery to me as well what the papist as what the Delinquentis And this age must prove monstrously unnaturall in producing a wonder never heard of in all former ages â—f Iustice doe now rest on the Kings â—ide For surely no King ever till now having a iust cause was opposed therein by the maior and better part of his subiects much lesse was it ever seene or heard of that any King in a iust cause was deserted by the maiority of his Orthodox subiects and supported by the unanimous aid of such as hated his true protested Religion God send the King to lay these things seriously and pensively to heart for since none of his wise and worthy Ancestors ever yet had cause to wage war either with the Collective or Representative Body of the People so none at all ever in any warre â—ided with a false Religion or against the true till this unhappy day in the King Charles is the first and I hope will be the last and therefore this is worthy to make a sad impression upon his soule But our Replicant will tell us That the Kings Iustice may yet govern and awe both parties by the same Law whatsoever their antipathy be The King has Law and power by the Law to protect the better partie and to provide for the peace of both parties But notwithstanding that Law and that power the poore British Protestants in Ireland have beene left unprotected and lamentably exposed to a generall Assassination And had they not beene betrayed by their vaine confidence in the Law and in the Kings protection they perhaps might have found other meanes to defend themselves therefore it is no refuge or comfort to them now to hear the name of Law proclaimed reiterated when as things hapned there it has been the very shelfe and rock whereon the Protestants have been miserably bulyed and wricked â—hen pardon pray if the same name of Iustice also sound but harshly at this time in our eares when papists which have destroyed our religion in Ireland are raysed to preserve it in England and protestants which were sending succours and supplyes into Ireland are in the instant invaded here in England for the better suppression of Popery both here and in Ireland T is a strange kinde of assurance or â—oy to us to see the names of Religion Liberty and parliamentary priviledge stamped upon our coyne or interwoven in our Standard when at the same time we see the same Coyne imprested for the entertainment of a Popish Army and the same standard marching against the representative body of our Nation and the supreame Court of Iustice in our State Nay and the strange time that is taken for the righting of Religion Law and Liberty amongst us mâ—kes our assurance and joy the lesse triumphant for we plainely see that as the season now is no one Protestant falls here by the Kings sword but by the same stroak three Protestants at least are cut off in Ireland And lastly the manner of rightting Religion Law and Liberty is most strange of all for open warre is not now sufficiently destructive though it be spread all over the face of the Kingdom subterranean plots are brooded further in the dark and by privie intellâ—gence the whole City of London is to be engaged in a tragicall conspiracy to murder it selfe in one night What the benefit therefore is of Law and Power and Iustice for the disabling of Papist and Delinquents and for the safe guarding of loyall Protestants we all know But when papists and delinquents finde countenance and the true religion is abandoned and leâ—t obnoxious to mischiefe by the perversion of Law Power and Iustice the names alone will not availe us but our Replicant further saith Subjects must not give Lawes to Princes courtesies In matters of a private nature Princes are absolute but not so in publike affaires where the publike safety or liberty is touched In their own pallaces Princes may dispose of Offices but in the State if they make Patents prejudiciall to their revenues to their prerogatives or to the peoples interest the Iudges shall pronounce them deceived in their grants and make the deeds void and null in Law Princes cannot alien any parcells of their Crownes Hull may not bee transferred to the King of Denmark nor Portsmouth to France nor Falmouth to Spaine for Kings have no sole propriety in such things and the same reason is in the super intending Offices of Royalty iâ— sâ—lfe they are not transferible at pleasure Some Princes to use the words of Tacitus are so infirme and credulous that they remaine jussiâ— alienis obnoxii and non modo Imperii sâ—d libertatis etiam indigent they are so enslaved sometimes to their basest flatterers that their very Dâ—adems are as it were aliend and made prostitute to seducers and these their flatterers and seducers in the â—xpressions of the same Tacitus Minoee metu majore praemio peccant The unhappy Protestants in Ireland were of late undone by the vastâ— power which was put into the hands of the Earl of Straffâ—rd and all the Ecclesiasticall if not Civill disturbances and distraction which have of late infested these three Kingdomâ— were in great part â—aâ—sed by excesse of power over the Church delegated to the Archbishop of Canterbury Without doubt when the foundation of Popery was first to be laid it did not prosper and advance so much in sixscore yeers under the first Popes as it did in six yeeres here under Canterbury And Nerâ— himselfe in his first three yeeres did not attaine to so much insolence and tyranny as Strafford did in one yeare The Kings freedom therefore in favours will â—ever justifie the preferring of such men to an unquestionable comâ—â—nd nor the subjecting the lives liberties and soules of so many millions of Religious Protestants to their corrupted disaffected wills Neverthelesse for ought I can see we have since but changed one Strafford for another and one Canterbury for another Only to stop our complaints This Replicant tell us That the courtesies of Princes are not to be questioned by subjects The Queen has now attained to a great heigth of power as formidable as she is to us in regard of her sex in regard of her Nation in regard of her disposition in regard of her family in regard of her Religion and lastly in regard of her ingagments in these present troubles some think shee has an absolute unlimitable power over the Kings sword and Scepter which if it bee so no end of our feares and calamities can be no propositions can profit us no Accommodation can secure us If the King himselfe were a Papist he would yet look upon us as his naturall subjects but when his regall power is secondarily in the hands of a Papist to that Papist we appeare but as meere hereticks without any other relation of subjects By secondary power also a stroak is given with mâ—re secresie and security so that there is the
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 mâ—â—â—e pâ—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 â—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 â—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 leavâ— 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 seâ—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 perpâ—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