the power of both is indivisible so intermixt that when the Court of Parliament the end of whose Councels is to establish Justice Peace industriously intends the same when we desert our duty unto them we are wanting to our selves unthankful unto them The Government of England as in these latter times it stands since Laws and a setled Forme established since Religion and Laws have met together flourished like couples in a building each supporting other and God honoured in both is not simply a Subordinative but a Co-ordinative and mixt Monarchy yea the highest supremacy it self is compounded of three estates Co-ordinate King Lords and Commons now it is true Subordinata non pugnant but Co-ordinata invicem supplent Fundamentals are equal and all Principals alike Rex est universis minor Bracton the great Lawyer saith Rex habet superiorem sc Deum Legem per quam factus est Rex Curiam sc Comites Barones The agitating this and the like Questions incident hereunto hath disturbed the mindes of men and cost much blood as which hath the Preheminence which ought to bear the greater sway the King or the whole number of the people in their collective Body which the Court of Parliament doth represent Another Question is which is the certain and proper Parliament as the case now stands that summoned by his Majesties Writ to Westminster or that by a latter command to Oxford whither the Principles of the Subjects Peace Religion justice have been of late and before this Quarrel in danger of being born down And whither the conflict in the Quarrel undertaken by those who have endeavoured to provide against that danger be Rebellion The King and His Party whither in their own defence See His Majesties Declarations and Messages since Ianuary 1641. The Oxford Mercury moves the jealousie making the Kings sincerity questionable for whilest the Mercury knowing the Dyet and full digest of the Kings party there cals the Parliament whensoever he names them The Rebels at Westminster notwithstanding the King cals them The Parliament and words of professing Friendship and Complacency being more uncertain then words of Hatred and Defiance although His Majesty terms them now a Parliament a Phrase of Truth and Credit he mâ—y reserve unto himself more bitter thoughts of Anger and future Accusation according to what the Mercury expresseth towards them or not hereafter have sought against them as being Rebels The King not alwayes and constantly calling them so as his Party doth for sometimes he calleth them the Parliament sometimes Rebels whether in sincerity or reservednesse of heart He varieth the phrase His own heart can witnesse It is the note of the wisest of Kings on Earth that the Heavens for height the Earth in depth and the Kings heart no man can finde out not that a King is therefore more transcendently wise or perfect above and beyond all other men nor that his heart is more Divinely inspired or illuminated from above more incomprehensible or His ways like Gods past finding out the Text bears no such construction the frailty and uncertainty of all Kings Actions do evidence the contrary although their Flatterers may peradventure vainly infuse such Doctrine into their ears and from this place of Scripture instruct a King with the necessity and excellency of dissembling the meanest and worst part of wisdom although resembling it Amidst the many Doubts and Jealousies the Suggestions and Machinations at home and abroad against the Peace and well-being of the Kingdom it concerns the Court of Parliament to look unto and prevent in as much as in them lyes the growth of approaching Danger which are then Dangers only when near and in sight when they are instant and befallen they and the opportunity of preventing them is past and become above the name of Dangers Calamity Seeing therefore the Parliament are by Gods special providence met together entrusted in their Countries welfare their courage and unanimity is requisite in perfecting that work for which they were assembled viz. the Maintenance of Gods worship the Kings honour the Subjects Liberty these two the Kings Honour and the Subjects Liberty propagating each other when as it is a larger accesse of dignity to be a King of a free people then of Slaves unlesse He shall in the pursuit of this War reckon to purge the Kingdom of the worst and most enslaved of His people which as the case now stands will otherwise fall out and prove as in letting blood the natural body the best the most free and spirituous to be wasted and spilt as well as that which His Majestie doth in His own sence call the worst Where by the way Gods immediate hand of Providence manifested to his people in the preservation of his glory is especially to be taken notice of that whereas his chiefest End in the creation of Mankinde hath been his own true Worship and the salvation of his people of which he hath a peculiar care seen even in the disposing and ordering of humane affairs as a second and subservient means to his own Decrees That at the same time the Subjects Liberty should be invaded when the Protestant Religion the subversion of which was probably first and principally aimed at howbeit in the managery thereof the Enemies to Both Religion Liberty were ill advised in that the Power and Priviledge of Parliament the Fabrick of all Laws the Subjects Right should be overthrown and fall together with the Protestant Religion Arist Polit cited in the like case by Sir Walter Raughleigh in his Dialogue between a Councellour of state and a Iustice of Peace The Philosopher observes that Homines minus timent injustum pati à Principe quem cultorem Dei putant had they singled out either Religion the Subjects Liberty or the Priviledge of Parliament to be destroyed apart many it is like especially among the common sort of men might have failed in their zeal to the one yet have endeavoured the preservation of the other so the Enemies Design might have better thrived in the successe if Religion singly or the Subjects Liberty alone had been left unshaken without a complication of both to fall together at the same time and by the same power The Parliaments next endeavour is to maintain entire and against all opposition the Power Priviledge and Dignity of their Court no so sure a way as by their constant accord and unity which if overthrown by an advers Power all Parliaments are in danger of languishing in their esteem and must either comply or submit to the Arbitrary will of the Prince who conventeth them at His pleasure and so lose their Freedom What then follows a discontinuance of enacting Laws a dull carelesse and obsolete use for want of due execution of such Laws as are in Being thence an Arbitrary and unlimitted way of Government that Force or the Sword must be the Umpire besides a certain although a remoter consequence a failer of that well-breeding the
Birth-right of the English Gentry a supine and carelesse Ignorance let in in stead of the vertuous Emulation which they have alwayes studyed Seeing then Peace and Justice are the Blessings which the Subject lives by both Issues of Religion when to expect a blessing on a Kingdom The Kingdom of Heaven must first be sought Gods Worship especially provided for to be built on firm unshaken Pillars when the care thereof principally resides in those chosen men set apart for Gods and their Countreys service Their endeavor is to be fully ascertained of their Princes inclination thereunto that by His Countenance and Authority the love of Gods Honor may like the pretious Oyntment on his head run down to the skirts of his lower garments and so seated in his heart as all Jealousies to be abandoned all Evil and appearance thereof to be abstained from and the Parliament not to leave that in suspence or doubt which they would have provided to make more sure for it is not a transitory matter of Arbitrary Event or Chance to be or not to be performed but most weighty of great concernment and whereon the prosperity and welfare of the Common-wealth depends whether the Laws shall be kept entire and God certainly and constantly honored or whether the Laws shall be in danger to be broken his Name to be prophaned The main Jealousie grows by reason of an Army under the Conduct of Papists which no man will imagine is raised for the defence of the Protestant Religion for howbeit that there may be peradventure Papists in the Parliaments Army when as the number of them hath been great their Presumption increasing more and more the chief and eminent Commanders Papists are in the King 's And which is to be observed few of them miscarry in the Quarrel as not exposing themselves to the danger and hardship of the War as if they did hope through the effusion of Protestant blood and lessening their number under the name of Rebels to make unto themselves a Province yet both parties the Kings the Parliaments do professe the maintenance of the Protestant Religion And the Kings recriminatorily chargeth the Parliament with a Design to subvert the same The reason given is because Schismaticks or other the preciser sort relishing not the book of Common-Prayer are adhering to the Parliament Answ That Prayer is but a Form and humane Constitution although anciently received and of use directing us to pray blesse give Thanks c. And alterable by Authority upon devising a better Form But the difference betwixt Protestant and Papist is in Fundamentals as in Doctrine and Points of Faith so opposite as no man will judge that the parties on the one side will fight to maintain the others Cause Popery and Schism opposite in themselves agree in this that they both do undermine and seek the rooting out of the true Protestant Religion This participatively and by secret wiles That privatively and by open Enmity the one may be an aberration from the other is Idolatry and opposition to the true Protestant Religion What upon an upright discussion that is whether we take it in point of Manners or of Doctrine the one enjoyned by and comprehended in the Decalogue the other set down and fenced in by a moderne and learned * Mr. Rogers his 39. Articles Writer against the force and wiles of Popery and Schisme both parties the King and Parliament do contest for and protest to maintain the Protestant Religion so whilst there is no equivocation in the word Protestant Religion a divers acception may be in the extended sence the aforenamed Writer hath by his industry composed the difference in determining what it is and that agreed upon the contention as to that particular may cease Truth and Uniformity in Religion which cannot be without Accord without a distinct and certain knowledge what it is is the foundation and corner stone of Peace If in this Contention the Kings Army shall prevail many Papists engaged and Commanders in it what is like to be the sequel Those Papists and their followers will hope and challenge it as a condign Reward to have an especial interest in His favour because they say it was their Sword their Arme that got the victory so the King must tread a slippery and narrow path either to desert His friends who have assisted Him in this War or disabling Himself to make good His often Protestations for the maintenance of the Protestant Religion And if in this Quarrel Popery shall be let in when Justice and Law shall fail when every one given up to his own heart's Lust the Papists and other the Parliaments Enemies will in an exprobratory way thank the Parliament as the cause thereof It is true it may be said so accidentally and very remotely but neither the Impulsive Formal or Efficient cause rather if Logick will bear such a member in the division of causes a deficient cause as the absence or rather the Ecclipse of the Sun the cause of Darknesse their endeavours having failed of successe being interrupted by a strong and countermanding Power opposing them In a more fit resemblance if a Band of Souldiers should be sent out to guard a Town and a stronger Power then theirs to be imployed to oppose and master them in whom lies the fault in case the Town be lost in the watchmens deficiency or in the stronger Power opposing them so Popery and Treason the Parliament are guilty of alike and what other contumelies the wit and restlesse malice of their Enemies accuse them of And unlesse to every objection this opposite observation be applyed that in the whole course of this Quarrel there be a distinguishing between what hath been Intentionally and Principally aimed at and what hath accidentally and through necessity fallen out there can no clear judgement be given in deciding the Question How the War began who have been the Cause and Authors of these Miseries It may be as well objected by malitious and cruel Enemies that His Majesties Clemency and goodnesse have been the cause of so much blood already spilt for that he hath not put those whom His party call Rebels to the sword or hanged them to teach others their duty of Submission such Doctrines are spread abroad to foment the War when the Doctors themselves are the incendiary and impulsive means together with those Soldiers now in Arms which incites the surviving suffering people to make resistance least if they submit also as in many places they have done they are undone by it No marvel if Subjects be called Traytors and Rebels if resistance against opposition and violence be Rebellion the often Robbing and Spoiling used in the Kings name and for the King which were wont to be conservative and saving terms tending to peace and security but now grown destructive as the Souldiers use them to the Subject are able to turn him out of his natural and accustomed Frame Oppression saith the wise man makes wise men
had not been taken away by the Kings Souldiers near COVENTRY and within His Quarters the English and Protestants there had been relieved c. That the goods and Cloaths so taken away was not without His Majesties knowledge and direction unto which the Kings Commissioners reply That those Cloaths had not been taken away if they had had a Conduct to have more safely passed through the Countrey and further urge That those Forces and other Provisions intended for the Relief of His Majesties Subjects in that Kingdom were diverted and imployed against Him namely in the Battel at EDGE-HILL For proof whereof they mention three or four witnesses some of whom engaged for the service of the Parliament and deserting now the same engagement are advers and none more extreme Enemies to the Parliament whither they be competent witnesses in so extreme a Conflict to prove the Accusations If witnesses may be admitted known to be ☞ maliciously opposite to that party against which they are witnesses the inconvenience may prove in these loose and desperate times as generally noxious as the War it self hath been The Answer to such Accusation as the Kings Commissioners therein urge is no where more fully to be had then to the Enquiry into the Original of this War whereunto all Treaties had to compose this vast difference must have recourse otherwise a meeting to conclude a Peace will vanish into Contention and Disputes for want of a certain Rule or constant Principle to guide the Treaters by The well weighing of the Protestation lately taken might have confined and setled the doubtful and various thoughts of man in what the end and aime of the Protestation was a promise to fulfil in as much as in us lies the Commandments of the first and second Table of the Law directing our duty towards God and man the several parts in the Protestation tending in the sum to the maintenance of Gods Honor the Kings the Subjects Right and Liberty no one part thereof if rightly understood and applied crossing another and therefore how it comes to passe that the Protestation being one and the same the course of mens affections should be thus divided into partakings or that some should be of opinion that to maintain the Kings Honor Person and Estate is to adhere unto Him in this present War in what He shall command They should withal consider the other parts of the Protestation viz. The Defence of the Protestant Religion the Power and Priviledges of Parliament the Subjects Right and Liberty for by the Protesters observing all the King is best observed and trullest His Honor and promises being ingaged to maintain the latter three when as every one who takes the Protestation doth thereby endeavor to make Him a Soveraign Lord of a free and flourishing people The Kings Protestations concurring with and tending to that end so the Protestation taken altogether is best observed and kept To the Protestation for the defence of the Protestant Religion every one who takes it is not immediatly bound by vertue of his Vow to extirpate or remove all Papists that is above the power and liberty of every common person but if he sees the Protestant Religion in danger of declining and that the Papist is connived at and countenanced by higher powers for the question is not about the certain and actual bringing in of Popery but touching the causes of suspition if the Protester adhereth to that party which promiseth to defend the Protestant and opposeth that which countenanceth the Popish his Protestation is the truliest kept a Promise or Vow the more pursued the more fulfilled In like maner to the other part of the same Protestation viz. The maintenance of the Kings Honor every one who takes the same is not thereby bound to comply assent unto and obey the King in whatsoever He may command whether unlawful or unjust or to think all His attempts and actions Justifiable throughout This were indeed in the highest degree to Honor Him but in a more serious and as truly a loyal way of His being honored by His Subjects is when they or those who are put in place and authority over them shall enquire into and provide against all things incident to His Dishonor when they shall endeavor to chastise and suppresse all Affronts and insolencies which may be offered to His Honor This although a more remote and lesse flattering yet a more stable and certain discharge of Duty in Honoring Him But to proceed and examine wherefore His Majesties Page 119. Commissioners presse the want of a Conduct for the guard of those Forces and other provisions intended for the relief of His Majesties Subjects in the Kingdom of IRELAND c. it seems strange when as His giving way to many subscribers and adventurers into that Kingdom His often and tender expressions of the deplorable and sad Estate of His Subjects there His offering to go in Person for the better reducing the Rebels there all or most of these being known to all His Subjects was safety enough in all likelihood and above the strength of many Regiments of Souldiers or above the validity of any Commanders passe to have secured the transporting of such Cloaths and other Provisions intended thither from the violence of His own party The Parliament Commissioners urge farther That it was Declared from His Majesty That he did disapprove the subscriptions of the Officers of the Army by means whereof that course was diverted That the Commissioners sent by the two Houses of Parliament for the better supplying and encouraging the Army in that Kingdom were discountenanced and commanded from the Councel there where the prosecution of the War was to be managed unto which no Answer or Excuse is set down by the Author of the Relation His Majesties Commissioners derive the good and Justice of the Cessation from the Lords Justices and Councel of that Kingdom intimating the same by Letters sent from those Lords to His Majesty and the Speaker of the House of Commons and that had it not been for such Cessation the Protestants there could not have subsisted The Parliament Commissioners answer That Page 135. those Letters sent do no way intend the inducing a Cessation nor that the Copies shewed to them do contain any thing tending to or any the least intention of a Cessation and that those Letters sent were therefore written to quicken a supply from the Kingdom of ENGLAND They farther averring That notwithstanding such Cessation which many and considerable persons of that Kingdom do still oppose many English and Scotish there do yet subsist The Arguing and Debating which hindering the Supplies and Assistance which otherwise might have been afforded hath added much to the Affliction and Calamity of His Protestant Subjects there and to be imputed wholly to the Authors and Persisters in this War For whilest both parties in the War do contend to maintain and increase their power in opposition each to other and consequently
exhortatory command of subjection to the higher Powers Powers they are without doubt high also and eminent otherwise the Countreys made an ill choyce out of eminent persons to elect inferior and mean men to enact Laws The Apostles text forecited intendeth not a King simply in His person only but all powers of governing nor them as governors in whatsoever they do but for the reason there subjoyned Their just demeanors as being the Ministers of God for the Subjects good to take vengeance of evil doers otherwise Saint Peter his peremptory text It is better to obey God then man were of lesse value and might seem to contradict Saint Pauls exhortatory Let every soul be subject to the higher Powers But to the difference in the object of obedience obedience is in common judgement most due to that power which is freest from the possibility of Error A King may sooner erre then a Parliament may no man can simply accuse that Court of permanent Actions of injustice for whatsoever they do Establish or Ordain is made just and lawful unto us in that they do it whilest we live and are born under laws They may by some latter Act repeal or moderate the rigour of an ancient or former Law without Error or injustice doing The managing their course of enforcing of imposing upon the Subjects Liberty and Right of requiring him to contribute to the maintenance of this War may not altogether unfitly be resembled to the course of a skilful Chirurgion who when a Patient's leg being broke is ill set he breaks the leg anew although with torture to the Patient his reason of breaking the same again is to set that right which by ill setting was displaced The Parliament findes the Laws broken justice turned out of it's propper channel they in the prosecution of a War necessarily to be maintained for the recovery and restauration of the Laws to their former state break those Laws again they enforce the subjects to pay the charge of Souldiers raised therefore not with an intent to continue such exactions but only during this time of War which by the peoples free submitting to the Parliaments impositions will the sooner end the one not laying heavier loads then the Subjects can bear nor the Subjects repining at what the Parliament shal impose and all upon a serious and just debate of what may fall out but necessary for a War being to be waged in defence of the Laws Government and Protestant Religion which by subtil and secret practises hath been long since oppugned who is to bear the charges of the War but they for whose sake and safety it is raised Qui sentit commodum sentire etiam debet onus money is the sinews of War War the end of Peace Peace the Subjects Blessing if he voluntarily contribute not and be enforced it is no impeachment of his Liberty and whither a War be to be waged is the result of this Discourse If the Subject by reason of such Tax and Impositions be lessened in or brought beneath his ordinary port of living his hope of enjoying his former Peace and Safety is his relief a litle enjoyed with quiet better contenteth the Subject then a great deal with travel and contention of Spirit whereupon the wise mans saying doth reflect in the comparison betwixt a dinner of hearbs with Peace then a stalled Ox with contention better to live on a morsel for the present with Peace and Right to what a man liveth on then to fare plenteously in fear of strife without the Justice of the Law measuring out each mans portion Again in that some of the * To indure for a time only transient actions of the Parliament may seem harsh and rigid yea intrenching deeply on the private Estates of men as matters now are in these loose and confused times when Law and Justice fail in most parts of the Kingdom yet relating to the publique good and common end of Peace not altogether unjust in the determinate acts of Justice no more then when houses in a street on fire the contiguous house pull'd down to save the whole street can be thought a determinate wrong or any wrong at all except to the private person whose house it is The distinction between Injusta facere Injuste facere is old this commonly and purposely to do unjustly that sparingly and accidentally to do things unjust wherefore the condemning of the Kentish men to dye for the late insurrection 1645. in that County instanced in as an act of cruelty might seem unjust and beyond the letter of the law in that all Rowts and unlawful Assemblies are by the Statute in that case provided construed as Misdeameanors only and punishable by Fine and Imprisonment Ans The Insurrection there was of a different nature in a more seditious and turbulent time the unlawful Assemblies at the time of enacting that Statute were as of a lighter kinde so to be punished by a lighter penalty This when the Subjects Liberty invaded the supreamest Court of Indicature oppugned and a Kingdom hereby divided within it self when for the mutual defence of each other some Counties thereof shall associate without any farther aim then by their joynt strength to repulse an Enemy in case he shall invade Such an Insurrection as was then made to disturb the Unity of such Association is more then an ordinary Rout intended by that Statute and to be tried and punished by the Justice of a Parliament To examine His Majesties demeanour suits not not with the tenour of this discourse whither He be considered in His Absolute quality of Wise Valiant Temperate or in his Relative towards his people as what His manner of Government hath been since His first comming to the Crown God and the Kings own heart can best judge and determine To repeat invectives here neither becomes the Author nor avails the Cause preventives of future evils are a better Antidote then Accusations are a cure for what is past Many passages now extant and in print from LONDON and OXFORD being fully set forth by the one excused and answered by the other side have made known His Government But to what happened since this War was waged which party the lesse unjust which more to be obeyed That which actually did offer wrong or that which being necessitated to raise Arms for their own defence and consequently prove the passive Authors of a Civil War might offer injury The Declarations and Remonstrances published of late with the Answers and Replications thereunto have set forth the matters of Fact and both parties challenging now yea enforcing obedience from the people the Reader is to Judge unto whom it is most due If in His Majesties demanding ship-money He hath lost any of His Subjects affections He may thank them who perswaded Him to the Justice and Legality thereof which whether it were lawful or not is learnedly argued by His * In the case of Ship-money Solicitor General The affections of
other Acts in several Counties for raising money c. or otherwise for discharging some Trust to them committed when as themselves the more eminent the more aimed at by the Enemy and the nearer to danger cannot appear with safety to execute the same Let any man suppose it to be his own case then he will not blame them for absenting themselves and substituting others in their room Many are the objections in this kinde which beget Disputes many accusations had against either part What the Parliament findes and complains to be practiced in opposition to them by their Enemies they observe most sensible presumptions for no one thing in bar to such presumptions to make up one tittle of compensation in lieu of the dangers which might happen or to give any the least satisfaction for removing the imminency of the same The vulgar and common salve used by His Majesties party of His passing bills since the Parliament began for the relief and ease of His Subjects as a pledge of His Princely goodnesse and care of His peoples welfare His often and deep Protestations for the maintenance of the Protestant Religion and the Fundamental Laws of the Kingdom yet as matters now are these Acts of His not compensatory to those hostile Acts practiced by His party against His Parliament and people Besides those Acts of Parliament passed by His Majesty are in His and a new Parliaments power to retract or repeal them at pleasure For let it be granted that they were Acts of Parliament which His Majesty hath thus passed in that the Members of both Houses at WESTMINSTER are by His party denied to be a Parliament yet sometimes called a Parliament sometimes Rebels there is like to be little stability in what they have enacted neither is that which is contingent and possible to be altered to be adjudged compensatory to what is certain and actual The difference of times that they were reputed a Parliament when those Acts passed but since reputed Rebels or the distinction into persons that some are reserved to be a Parliament others Rebels will breed a greater confusion then help to frame an Answer by those of His Majesties party who object this favour of His Majesties passing divers Bills for the welfare of His Subjects c. That they may be repealed altered in part or all dissolved or want their vigour in execution it is probable when the persons who have and are the chief assistants in this War are the greatest Losers by those Acts recited Next as touching His Protestations His frequent Declarations of manifesting His intentions His late actions of Clemency and Pardon shewed to those whom he calls Rebels when they were taken prisoners at a late Seige by His Majesty His releasing and setting them free when He might have detained and proceeded against them as Traytors and Rebels in the judgement of His party These are to be acknowledged indulgent and merciful Acts becoming a just and Christian Prince yet they may be two wayes understood First in relation to the good of His own party prisoners in the Parliaments power and in danger to have suffered the like in case the King should have punished theirs Secondly those His Acts of releasing of His milde using of those His prisoners it is possible might be construed as present Acts of Clemency to endure only for a time and that He may be perswaded afterwards to punish them as Rebels These are times of wit and jealousie and the same Reasons which have occsioned this War even His peoples Jealousies may continue them without abatement there is no lesse cause of fears and dangers His party having tried every way by traducing the Parliament at home by attempting to set them at varience with Forraigners abroad having moved every stone as the Proverb is to subdue those whom they term Rebels no way left untried to take away their power and shadow of power no means left unassayed either milde of Inviting or violent in Affrighting and those plausible and gratious Acts used possibly to encrease yet the number of his party may cease from a total pardoning only remitting for a time until a full Conquest be obtained And when the Crown is repossest the Conquest fully had the French Proverb tells us Que la Coronne unifois prinse oste toute sorte de defaults i. e. that when the King shall be reinvested to His former full Power and Regal Dignity the Parliament and the power thereof then laid aside and become void the possessing of the Crown doth as well quit all quarrels and acceptions and cancels all disputes as it clears and purifies all manner of defaults imperfections or exceptions to be made concerning the means whether fair or foul of gaining the Conquest As Jealousies have been the cause of this Contention so what the cause of Jealousies The principal and most certain one hath been in matter of fact namely the infringing the Subjects Liberty soon after the Petition of Right was granted in full Parliament to be omitted here because set forth in several Declarations and Remonstrances One and more universal was that in the case of Ship-money which had it not been withstood by a Gentleman of repute let his Ghost be railed at and a Parliament soon after summoned what had become of the Subjects Liberty If a Writ comes down directed to a Sheriff of a County he bound by Oath or fearful of incurring displeasure in case he refuse to execute the Kings Writ and having the Posse Comitatus within his Office what remedy shall the poor Countrey man have dwelling one hundred or two hundred miles from the Court if he refuse or hath it not to pay against Imprisonment or his Goods taken from him by Distresse Justice hath its boundary and is circumscribed by Law Injury and Injustice like the violent Torrent of an Inundation over-flowing the Banks and Metes overwhelms and drowns as Decency and Order when bound up by good and wholsom Laws if disturbed and broken down falls into Uncertainty Indiscretion and becomes Confused Let men talk of fears and jealousies and in an Ironical way smile at those whose peculiar care is to prevent and remove the same no man knows what the Progresse of that wrong had been had it not been withstood The mention whereof seeing so often inculcated in other Writings can be no pleasing Theme to any Subject And whereas His Majesty hath confessed and retracted that His Error being now condemned to an utter abolition ought to be buried in Oblivion neither doth it become every ordinary Subject to traduce and accuse His Soveraign of Injustice doing it comes too near to what the wise man expresly forbids of Cursing the King in their thoughts as of what the Statute Law provides against Only to satisfie one Objection used by some of His Majesties party in His behalf touching the same Better say they the payment thereof should have continued then so much blood spilt such vast Sums of Money spent in
should depend thereupon which if the demands on either side were granted by the other might haply have determined into Peace The reason for demanding on the one side as for refusing on the other are too tedious for this Discourse The OXFORD Relator hath by a large Discourse taken pains to satisfie the world of the justice of their own demands the Parliaments experience and wisdom in the transaction of matters incident to this Quarrel declares the reason for their demands here to be insisted on To the first that is to say the Protestant Religion exercised rather in Manners and Doctrine then in Church discipline comprehends and secures the second the businesse concerning IRELAND for unlesse a discreet and saving hand be had in reducing as of Governing that Kingdom and managed by a most choise wisdom the increase of the Papists and Rebels there will endanger the subversion of the first the Protestant Religion so these two first PROPOSITONS demanded on the Parliaments part having a mutual connexion and depency seem to attract each other in the maintenance of justice and the Subjects Right Religion being the ground of justice as justice is of Peace In matter of Church-Discipline or in the forms of Hierom. Zanch. in quartum Mandatum quod multiplex genus est Christi Ministrorum pag. 950. probat Presbyter Episcop idem esse Edw. Leigh Armig. in libro titul Sacrar Critic novi Testam in nomine Episcop ubi recenset Plutarch in Numâ vocat custodem Sacrarum Virgin Episcop citat Septuaginta vertere Episcop in Ezek. Hosea legit a Watchman Paulo post dicit Episcop esse qui verbo gubernat prâ—erat puta Doctior Pastor Presbyter pag. 158. Neither is there so great and material a Difference betwixt the two subdivided parts of the Parliament side The Presbyterian and Independent as for a quarrel to continue and depend upon The wisdom of that Court hath taken away the virulency of any quarrel which might happen betwixt them two by constituting the one yet with respect had to the tendernesse of Conscience in the other Although the one be fully declared for by the Lords and Commons in the Parliament in their solid and satisfactory Declaration this present April yet with a due regard had to Tender consciences not differing in Fundamentals of Religion that they also may be provided for c. wherefore it is rather Luxury Pride of Wit and contempt of Authority then any object of a real difference which animates and maintains these quarrels Divine Worship that which His Majesty demands of Episcopal Government differs little from what the Parliament doth intend of Presbyterial Bishops and Presbyters in their primitive Institution being all one In the Forms of Divine Worship the Directory injoyned by the Parliament not really differing in the material parts thereof from the Common-Prayer-Book required by the King onely the one expugning for the present what the other doth contain That being more painful to the Minister not more declaring his Abilities This the more easie as being dictated unto him either may be of use either behoofful to the Auditory as meeting with all the necessities and deprecating the contingency of all afflictions incident to man-kinde the Common-Prayer-Book compiled by sound and learned Divines and accordingly ordained by an ancient Law the Directory framed by the like learned men and Ordained by a Modern Authority to be made use of for the present season or so long as Authority shall think good But that which abates the value of this is the weaknesse of the Argument in the defender thereof preferring it therefore before the Common-Prayer because the use of the Directory sets forth the gifts and Abilities of the Preacher beyond his reading or exercise of Common-Prayer which is digested already into a Form when as that rather denotes the best Abilities and parts of Schollership in point of Science Study Judgement which is able to perform the hardest work to dispence Gods Mysteries aright to set them forth in a hansome and polite stile the power of the spirit is no whit checked or blemished by an eloquent expression to raise and apply sound Doctrine winning the Attention and edifying the hearer is harder then to conceive and utter Prayer One other reason for using the Directory is that seeing we and the Scots are United by a Solemn League and Brotherhood and they not using the Lyturgy of our Church we should therefore abstain from using the same Answ They and we are born and Governed under different and distinct Laws their Manners and Customs differ much from ours The Union betwixt the Nations will serve for support aid of both being under one and the same Dominion in case of either infested by an enemy but for the same numerical Form of Divine Worship to be performed after the self same kinde this Arguing seems rather an Illustration then a proof God is an uncircumscribed and incomprehensible Spirit to be Worshipped in truth and spirit he cares not whether by heart without book or in a book opened so he be Worshipped with the heart This onely by the way to shew as there is no identity of Form betwixt the Directory and Common-Prayer-Book so no such Discrepancy unlesse in the persons using them as to heighten or continue these unnatural differences The reasons given by His Majesties Commissioners for making a Cessation betwixt Him and the Irish Rebels and the Parliaments Commissioners contending to have such Cessation void are of greater moment the Kings urging it dishonorable on His part to vacate the Cessation wishing also that it were in See the Relation pag. 131. His power to do it But why dishonorable or how comes it to passe that it is out of His Majesties Power to suppresse the Rebellion there as his Commissioners urge unlesse by employing and making use of his strength against this he abates and lessens it as against that Kingdom His Commissioners their reasons given for both are answered in what follows and the judgement in deciding the Question to be given according to the late past occurrences which the Declarations and Remonstrances within these few years published have set forth If His Majesty did make the Cessation to the end to save the Remainder of His Protestant Subjects there it was an Honorable and Pious care in him towards those his Subjects but if from a more principal and ultimate end of making such Cessation to make use of the contending parties in that Kingdom against his Subjects called Rebels in this the Parliaments Commissioners had reason to presse the vacating of such Cessation They farther insisting thereon that if the Cessation had not been made in the time of the Rebels their greatest wants and the Forces imployed then and there against them not drawn off they might in probability have been subdued and this War even finished They also urge that if the Cloaths going into IRELAND for the supply of the Protestants and Army there
the one or Restraint of the other may be had whether by a meeting for a Treaty or by pursuite of Victory by the sword A Treaty hath been had Commissioners of eminent quality met and PROPOSITIONS inter-changeably sent What the carriage and event thereof hath been the Author of the Relation of the passages there hath expressed but whither impartially set down the Commissioners are the onely witnesses whither his relation makes for or against his own party the Reader is to judge The Parliament whither in their proposing or accepting of the Treaty shewed their Inclination to a Peace gaining nothing by the meeting for no one PROPOSITION demanded was granted them save only the credit of their sincerity in really meaning to acecomplish that for which the end of their meeting was The seeking and ensuing Peace is to be presumed to be the fervor and end of their desires Neither they nor their friends shall gain by the protraction of the War It is likewise to be so presumed on His Majesties party save some Officers and Commanders in chief in either Army Forraigners and Out-landish who empty ours to fill their own purses And other Instruments appendent on the War and imployed for raising money to defray the charge may haply be thrivers by the War But for the means of obtaining Peace standers by may be able to discern wise to observe and contemplate on the means Howbeit none are called none sent none on whom the power and authority of managing the Peace is devolved save the Court of Parliament alone in whom we have entrusted all expedients to our Safety If they shall judge the PROPOSITIONS formerly tendred to His Majecty to be the onely and effectual means The Subjects are to abide by their Judgement which PROPOSITIONS may seem in number many in their strict quality extream and harsh especially in the Kings friends eye as seeming to abate His accustomed Regal Dignity Extreme diseases require extreme remedies for their cure and when Jealousies are a long time breeding the task will be as difficult in the means of dispelling them Evils when grown strong multiplied and closely wrought need a proportionate instrument to lance and remove to stop the new springing up of the same or the like The PROPOSITIONS are of two sorts the The PROPOSITIONS to be sent suitable to the present exigent in hand viz. the Preservation of the Honor and just Power of a King displeased the Parliament and people threatned are not of a tumultuary and easie dispatch not to be concluded in haste nor quarrelled with for the delay in sending them when as many interveening accidents may give occasion for altering them Nor can every looker on be a fit Dictator or judge in this most weighty Cause and Controversie touching the quality and fitnesse of what is to be insisted on the Parliaments most choice elaborate and well weighed Councels are no more then needs to deliberate compute and a long time to be advising what is once and for ever to be established that His Majesty may be no more a loser nor the welfare of His Subjects which is the foundation of His happinesse endangered for the future If the PROPOSITIONS be too high His Majesty may think the Parliament to be His King and Himself may seem to stoop too low and beneath His Soveraignty to grant and sign them If they be of too low and short assurance to secure the Subjects peace The Parliaments forepast Acts and Councels are wholly frustrate the labour of their endeavors lost And what is like to be the sequel any man may guesse one a calling Delinquents to accompt demanding Justice according to the degree of their offendings The other of their tendring to the King the Counsels and result of their own experience and maturity of Wisdom for the Government of His Kingdom wherein they only prompt and dictate to His Majesty what they desire Him to assist and joyn with them in the compleating and establishing the same The first of calling offenders to accompt expressely named in the PROPOSITIONS whither they all shall suffer in their livelihoods accordingly as they are challenged Or only some few known to be the Principal and long since contrivers of these mischiefs the subversion of the Protestant Religion and the Laws is left to the Judgement of the Parliament which being a Court of mercy mercy no negative of Justice can in case they are able to maintain their own proper Power make use of what the Heathens Judgement with a Christians spirit hath advised ut pena ad paâ—cos metus ad omnes perveniat Bis vicit qui pepercit and honestum ac nobile genus vindictae est ignoscere to have Cicer. Senec. forgiven or given a longer time for offenders to come in shews their Clemency whether or no the deep lodged envy and discontented anger of many the offenders throughly convinced of their own offending shall apprehend and make use of the Clemency of their forgivers The quality of the PROPOSITIONS thus examined and His Majesty altogether refusing to sign any of the same as judging them unequal and incompetent to His Regal dignity He propounds His return to LONDON there to Treat in Person as an expedient means of Peace But on what terms to Treat is not proposed For His Majesty with His party and the Parliament there to meet to recapitulate and argue the Reason Authors and Accidents of this War were to revive the heat thereof His * See His Letter March 1646. Majesty laying the guilt of shedding all this Christian blood at the Parliaments doors His professing not to desert His friends which the Parliament accompt their Enemies when the persons with whom He is to Treat against whom He hath waged War near four years the place whereunto He is to come against which he hath denounced His displeasure are all considered without any retractation of His former anger without Repealing His bitter Messages expressed against those persons that place and the people assisting them a meeting once had for a Peace made frustrate When those are any way salved any Act passed by His Majesty to remove these doubts and dangers when he shall have changed His inclination to severity denounced against His Subjects when He shall in His serious and sad regard had to His people and their sufferings have His heart turned within Him when his repentings shall be rowled together as God himself by his Prophet disdains not to his people their hearts will fill with Hosea 11. Acclamation and joy to receive and welcome him a tender and nursing Father to his Church and people and the common and easie objection wiped away that whereas the Parliament and people have petitioned and prayed for His return they now shew their Inconstancy in refusing that which they have so earnestly desired The motion of Petitionings doth cease when the end whereunto they move the hopes of a Peace to be had by His Majesties return seems frustrated