A COVNTERPLEA to the Cowards Apologie, manifesting by an ancient Record and Law; The unlawfullnesse of passing any Vote or Iudgement against Law, or Conscience, for feare of Death, Danger, or any forfeiture, in any Court, Counsell or Iudicature, especially in the Houses of PARLIAMENT.
IN the Parliament of 1. Fabians Chron. part. 7 Aa. 1 H. 4. H. 4. Some Lords and others excusing themselves from their unjust illegall actions, and votes in the Privy-Councell, that what they advised and did, was by constraint of King Richard, and for feare of death; The whole House of Commons thereupon exhibited this notable Petition to the King in Parliament, [worthy to be engraven on the walls of both Houses in Letters of Gold] 1 H [...] NVM. 9. That the Lords, Spirituall and Temporall, and other persons might not be received in time to come for to excuse them, to say That They durst not to doe or Speak the Law, Nor What they thought For doubt of death; Or that they Were not Free of themselves: because they are more bound under-Pain of Treason to kéepe their Oath [or doe their duty] then to Feare death or any Forfeiture. And hereupon [as Chronicle: part. 7. 1. H. 4. Fabian writes] there passed this Law in Parliament THAT NO LORD, NOR OTHER PERSON of no degree should after that day, lay for his excuse, ANY CONSTRAINT OR COACTING OF HIS PRINCE IN EXECVTING [Page 2] OF ANY VVRONG IVDGEMENT, or other criminous. or unlawfull deedes, saying, THAT FOR FEARE THEY DVRST NONE OTHERVVISE DOE, for such excuse after that Day. SHALL STAND HIM IN NO EFFECT.
If no such excuse might be alleaged by any Lord or private Person whatsoever; much lesse then by the whole or major part of the House of Lords or Commons, consisting of many hundred persons of greatest Eminency, Honour, and Power, able not only magnanimously to contemne and withstand to death, the highest menaces, unlawfull violence, and armed forces of the King, (as they have formerly done to their eternall honour) but likewise much more of their owne distempered Army, with an undaunted and Heroicall resolution; to which their Protestations and Covenant, hath more engaged them now, then any of their Predecessors in former Parliaments.
Let then every Member of either House of Parliament, lay their Hands upon their hearts, and set themselves seriously in Gods and the whole Kingdomes presence, (whom they represent) and answer this demand without any equivocations, or evasions, (as they shall answer it at the great day of judgement, before the tribunall of Christ, in the view of all the world;) Whether many of their late Votes, touching the revocation of their Remonstrance against the Armies Petition; the continuance of the Army under a settled pay (to the Countries insupportable oppression and charge) after their Votes for its disbanding; the owning this Army for their owne, notwithstanding their present tumultuous proceedings; the putting of the Militia and all forces of the Kingdome under Sir Thomas Fairfax his Command [after his and the Armies refusall to be commanded by the Houses, or to obey their Votes:] the removall and disposall of the Kings Person as the Army shall direct: the Impeachment, Charge, dismission from the Houses attendance of the eleven impeached Members, and Votes for the selfe accusation of other [Page 3] unimpeached Members, without and before any particular Charge or accuser; the discountenancing, and dispersing of such dutifull gallant Officers and Souldiers, who in obedience and conscience to their votes deserted the ARMY; the Declaration against the introducing of forraigne forces, (without any ground or proofe of such a designe intended,) the Purposeth to pnt the Tower and Magazins there under the command and power of Independents & the Army to overawe and enslave the City. altering of the Militia of London, without petition from Complaynt of, or any the least consent of the City, or consultation with them (to whom they stand so much engaged for their constant affection and preservation more then to the Army) and the like, only upon the Armyes proposals (in a strange extrajudiciall mutinous way;) proceeded not principally, if not solely, from a degenerous pannick feare and terrour of the Army, or low complyance to satisfy them in all their bold and unreasonable demands, or dread of some strang surmised violence, Death or other loss, and inconvenience from them, rather then from any reall principles of justice, Conscience, Piety, Honour, Sound Reason, or true Christian Policy? If yea; as their owne consciences can best testify, & some of their tongues confess (who assure their freinds, that they would never have condiscended to any of these Votes had they not been under the force and power of the Army:) Let themselves, and the Army judge of the validity of such enforced, unfree, and timorous Votes; and how well those who gave their assents unto them, have discharged their Consciences to God and duties to their Country; Yea, how they have made good their Solemne League, Covenant, and protestations. And if their Consciences herein condemne them, let them sin no more (in such a kinde as this) lest a worse thing happen to them, and the whole Kingdome, City, and Country be Enthralled, Ruined, yea the Honour, Prviledges, & Freedome of this and all future Parliaments betrayed, by their sordid feare of death or any other loss from an unformidable Army of their own raysing: some of whose Anti-monarchicall, Anti-magistraticall, Anti-parliamentall, [Page 4] Anarchicall Schismaticall dangerous Principles, and High demands, can presage nothing but Desolation to us, if complyed with; and can no wayes endanger Parliament or Kingdom, but by an unworthy condiscention to them; and will soone vanish into empty vapours, if gallantly denyed, or manfully opposed by both Houses, with an Heroick English resolution to which the many former experiences of Gods power and protection in sundry desperate exigencies, and that saying of the Prophet might animate & engage each conscientius Member, maugre all the Armies power threats, (whose Commissions they may revoke at pleasure), or any humane force I, Isay 51. 12. 13. even I, am he that comforteth thee, who art thou that thou shouldest be afraid of a man that shall dye, or of the sonne of man that shall be made as grasse? And forgettest the Lord thy maker, who stretched forth the heavens, and laid the foundations of the earth, and hast feared continually every day, because of the fury of the oppressor as if he were ready to destroy: And where is the fury of the oppressor? Isay 54. 17. No Weapon that is formed against thee shall prosper, and every tongue that shall rise against thee in judgement, thou shalt condemne. Such a divine Cordial, as this, cannot but engage all Generous Members really fearing God, or truly loving their country, Religion, the honour & freedom of Parliaments, to quit themselves like men, like Englishmen of farr Ancienter, and better descent then most in the Army; Like an undaunted English Parliament; and encourage every particular Member to resolve with David. Psal. 27 3. Though an Host should encamp against mee, my heart shall not feare; nor yet my tongue ever vote or cry, Ay or No against my reason, Justice, Judgement, conscience, or the Parliaments honour in the least punctilio: Which not to doe for fear of an Army, death, or any forfeiture, the forecited Petition of the whole house of Commons hath resolved, to be no less then Treason to the Kingdom, and those who have intrusted them, uncapable of any excuse, or mitigation through fear of danger; An argument, which too many now unworthily insist on.