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 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 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 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.