The Generall Resolutions of the two Kingdoms of England and Scotland, concerning His Maiesty, and the Parliament, and concerning the Kings Resolution for the taking Arms.
AT this present it is not unknown to the King who hath incensed Him against His Parliament, and who have given Counsell derogatory to the Honour, and destructive to the essence of all Parliaments, and to the Parliament this is utterly unknown; Yet the King desires evidence of these things from the Parliament: Nay, though hee disavow the sheltring of ill Ministers, yet he conceals such as have traduced, and slandered the Parliament in some things notorioussy false; and yet to an ordinary understanding, it is the same thing to conceal, as to shelter a Delinquent: and if it be below a King to [Page] reveal a trayterous Incendiary, that hath abused His ear with pernitious Calumnies, it is below him too to leave him to Justice being otherwayes revealed.
Here it is supposed that Parliaments may make an Ordinance contrary to Law, Nature, Reason, Sence; and it is inferred therfore, That they are dangerous and may bring the life and libertie of the subject to a Lawlesse, and arbitrarie subjection; this supposition is inconsistent with one of the most sacred and venerable pillars of all Law and policie; and yet here it is insisted upon, let all Chronicles be searched, and let one Story be cited of any Parliament, which did tyrannize over King and Subject, or ordain any thing to the mischief of both; Yet Kings I think will not make the same challenge. the best of them have done Acts of Oppression, and the Reasons are apparant for it; but no Reasons can bee given why Parliaments should usurpe, or how they can usurpe; yet the Kings inference runs against all [Page] Parliaments: He doth not say this Parliament tyrannizeth, and therfore he resides from them, and pronounces their Votes invalid, but because Parliaments may tyrannize; therfore they have no power in their Votes at all, at any time whatsoever, further then the King ratifies them.
The Parliament sayes not so much; they say hee is now seduced by wicked Counsell, and therfore rejects their Requests, to the danger of the State.
In such Cases they conceive there is a power in them to secure the State with out his concurrence: At other times when the Kings are not seduced, they ought to do nothing without their consent.
Our Case is not as Scotlands were, for our malignant party is far greater then theirs; yet both England and Scotland are resolved to assist the King and Parliament against all such opposers, and will to the uttermost of their Endeavours root out all such.
The question concerning the Militia is not to be put indifinitely, whether or no the King ought to order the Militia in times of no extraordinary danger; our case is now upon supposition, if the King in extraordinary danger will not yeeld to such a Posture as the Kingdom thinks most safe, whether the Parliament may not order that Posture of themselves, so the Parliament puts it. But the King puts it thus. If the Parliament invades his power over the Militia causelesly, whether they may not as wel seize a any subjects Estates.
That question then which must decide all, is this, whether that Posture which the Parliament chuses, or that of the Kings, be most safe for the Kingdom at this time, and who shall judge most properly. Till now that the ancient pillars of Law, and policy were taken away, and the state set upon a new basis, no evill was to be presumed of the representative body of the Kingdome, nor no Justice expected from a King deserting [Page] his grand Councell, but now every man may arraign Parliaments, no King was ever yet so just but that Parliaments h [...]ve in some things reduced them from Errour, nor no Kings so unjust that Parliaments did seduce into Errour, yet Parliaments are now charged of being Enemies to Religion, Lawes, and Liberties. And the King to preserve these absents himself from Parliaments, but since we must dispute for Parliaments; first wee say they must in probability bee more knowing then any other privadoes; Secondly, in regard of their publike interest, they are more responsible then any other, and lesse to be complained of in case of Errour.
Thirdly, they have no private interest to deprave them, nothing can square with the Common Councell but the common good, and if 500 of the Nobility and Gentry should aym at an Aristocraticall Usurpation, or any other power of oppression, they could never compasse their ends, it were folly in them.
The Lords all subsigned a Protestation to the King, to obey no Ordinance of Parliament that was contrary to the known Laws, and in particular that of the Militia, till the Royall assent were given to it, and to stand for, and defend the Kings person, &c. And His Majesty signed another to the Peers, and to govern them according to the Laws, and to protect them, in whatsoever they should lawfully do for their defence.
It was resolved upon the question by the Lords and Commons in Parliament, That the Commission of Array for Leycester is against Law, and against the Liberty and property of the Subiect. June 20. It was resolved upon the question, That all those that are Actors in putting of the Commission of Array in execution, shall be esteemed as disturbers of the peace of the Kingdom, &c.