A plea for the peoples fundamentall liberties and parliaments, or, Eighteen questions questioned & answered which questions were lateley propounded by Mr. Jeremy Jves, pretending thereby to put the great question between the army and their dissenting brethren in the Parliament of the commonwealth of England out of question / by Capt. William Bray. Bray, William, 17th cent. This text is an enriched version of the TCP digital transcription A29269 of text R158 in the English Short Title Catalog (Wing B4306). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 45 KB of XML-encoded text transcribed from 12 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A29269 Wing B4306 ESTC R158 12877316 ocm 12877316 94877 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A29269) Transcribed from: (Early English Books Online ; image set 94877) Images scanned from microfilm: (Early English books, 1641-1700 ; 731:20) A plea for the peoples fundamentall liberties and parliaments, or, Eighteen questions questioned & answered which questions were lateley propounded by Mr. Jeremy Jves, pretending thereby to put the great question between the army and their dissenting brethren in the Parliament of the commonwealth of England out of question / by Capt. William Bray. Bray, William, 17th cent. Ives, Jeremiah, fl. 1653-1674. Eighteen questions propounded. [2], 19, [1] p. Printed by John Clowes for the author, London : 1659 [i.e. 1660] A reply to Jeremiah Ive's "Eighteen questions" of 21 Nov. 1659. A note by the publisher, p. [20], indicates a publication date in 1660. Reproduction of original in Huntington Library. eng Ives, Jeremiah, fl. 1653-1674. -- Eighteen questions propounded. England and Wales. -- Parliament. A29269 R158 (Wing B4306). civilwar no A plea for the peoples fundamentall liberties and parliaments. Or, Eighteen questions questioned & answered, which questions were lately pro Bray, William 1660 7789 3 0 0 0 1 1 402 F The rate of 402 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2006-05 TCP Assigned for keying and markup 2006-10 SPi Global Keyed and coded from ProQuest page images 2006-11 Mona Logarbo Sampled and proofread 2006-11 Mona Logarbo Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion A PLEA FOR THE Peoples Fundamentall Liberties and Parliaments . Or , Eighteen QUESTIONS Questioned & Answered , Which QUESTIONS were lately propounded by Mr. Jeremy Jves , pretending thereby to put the great Question between the Army and their dissenting Brethren in the PARLIAMENT of the Common-wealth of England out of question . By Capt. WILLIAM BRAY . Luke 3.14 . And the Souldiers likewise demanded of him , saying , And what shall we do ? And he said unto them , Do violence to no man , neither accuse any falsly , but be content with your wages . 1 Cor. 11.16 . But if ANY MAN seem to be contentious , we have no such Custome , neither the Churches of God . Entred according to Order . LONDON , Printed by John Clowes for the Author 1659. To the Reader . I Have given my thoughts in answer to these ensuing 18 Questions , that so I might give some satisfaction to those doubts that may arise in the minds of divers good men , affected to their Countreys Rights , and safeties , in these times of great anxiety , dangers , and animosities , one towards another , and that truth may take place , and all may endeavour to understand one the other , by a faithful approaching to , and asserting , their Native Rights , and may not be withdrawn from them upon any pretences whatsoever ; without which standing for their Rights , there can be no true ground to expect Justice , Love , and Unity . It is true , Calamities in Nations do oftentimes fall out to be best discerned , when they are desperate and most incurable ; But however , though the difficultie be great , to amend a distracted Nation , yet it is all our duties to extend our endeavours to save our Countrey , and leave the success to the Almighty ; and in so doing , the discharge of a good Conscience will offord great Comfort , whatsoever may fall out in this uncertain and transitory Life . W. B. Eighteen Questions propounded by Mr. Jeremy Ives . Questioned and Answered , by Capt. VVilliam Bray . Question . I. WHether a Free Parliament ought not by the Lawes and Customes of this Nation , to be chosen by the Generall Consent of the People ? Answer I. It is one of the ancient and known general descriptions of a free PARLIAMENT , according to the Laws , and Customs of this Nation to be elected by the general and free consent of the People ( who are not legally made uncapable ) and when it comes to begin its Session by the Ancient Law & Right of the Parliament a PROCLAMATION ought to be made in VVestminster , That no man upon pain to loose all that he hath , shall during the PARLIAMENT in London , VVestminster , or the Suburbs weare any privy Coat of Plate , or go armed , or that Games , or other Plaies of men , women , or children , or any other Pastimes or strange news should be used during the Parliament , and the Reason thereof was , that the High Court of Parliament should not be thereby disturbed , nor the Members thereof ( which are to attend the arduous and urgent business of the Common-wealth ) withdrawn ; And it is generally known by those whom it hath pleased God to save alive in our sad intestine warrs , That the Parliament often declared themselves to be highly affected , and displeased with the nature and manner of the late KING CHARLES his demanding of the Lord Kimbolton , and the five Members , Mr. Pim , John Hampden , Denzil Hollis , Esqrs. Sir Arthur Haslerig & Mr. Strood 5 January 1641 , It was then Voted and Declared a high breach of the Rights and Priviledges of Parliament , and inconsistent to the Liberty and Freedome thereof , and by a Declaration they did declare that the Kings Warlike manner therein was against the Fundamentall LIBERTIES of the People , and the RIGHTS of PARLIAMENT ; And another part of Freedome in the Election of Parliaments is , That there ought to be no corrupt dealing to give money , &c : to be elected , because it was to poyson the Fountaine it self ( from whom should proceed no Law contrary , but suitable to the Fundamentalls ) Another principle Maxime and end why Parliaments are to be assembled , and sit freely by the Fundamentall , and righteous , Constitution of England , is to redress grievances against corrupt and unjust Judges , and great or potent oppressors who have subverted the course of Law and Government , and destroyed the Peoples ordinary Legall remedyes . And no Parliament ought to be ended whilest any Petition remaineth undiscussed , or at least to which a determinate answer is not made , as may be seen in the fourth part of the Lord Cooks Institutes , treating of the high Court of PARLIAMENT . Question . II. Whether a Parliament so chosen ought not to doe what they think best for the weale of the Nation that so chooseth them without the interruption of any party upon any pretence whatsoever ? Answer . II. It is the Right of the People for their Parliament to be chosen in full Freedome , and have also a free Session ( after a free Election ) without interruption of any party , yet they are bound ( as most Incomparable Example of Law , Justice and Right to the whole Nation , and Executive Ministers whatsoever ) by the Right unalterable Rule , the Fundamentall Lawes and Liberties of the People to do impartiall Justice and Right to every party , and not to consider parties but the cause which wholly excludes an Arbitrary Power . And therefore upon full debate in full and free Parliament of the 42 Ed. 3. cap. 3. If any Statute shall be made against the Charter of our Liberties , it shall be voyd , as may be seen by the Lord Cooks Institutes , the first part , his Commentary upon Littleton , Lib. 2. cap. 4. Sest. 108. concerning which I have more fully treated in my late Plea for the Peoples good Old Cause , or the Fundamentall Lawes and Libertyes of England asserted , proved and acknowledged to be our Right , before the Conquest , and by above thirty Parliaments , and by the Declarations and Convictions of Conscience or publique acknowledgements of the late King Charles , and by the Parliament and their Army in their severall and particular streights and differences , and in answer to Mr. James Harrington his CXX Politicall Aphorismes sold by Francis Smith at the Elephant and Castle neer Temple-Barr , wherein you will ( as I conceive ) upon your taking into consideration the Authors which I cite for my judgment ) cleerly see ; that Acts or Statutes of Parliament that have been against the common Lawes , ( though upon glorious and specious pretences ) are called illegall and mischievous Acts of Parliament , shaking the Fundamentall Law . And at a Grand Committee of the Parliament of the Commonwealth of England for the Government , Sept. 14. 1659. It was resolved that the Supreame delegated Power residing in the Peoples Trustees , is and ought to be limitted in the exercise thereof by some Fundamentalls not to be dispensed with or subjected to alteration . Question , III. If any shall say a free Parliament ought not to be so elected , and so impowred ; I demand then how they are a free Parliament in the sense that the People of this Nation according to Law and Custome , do understand a free Parliament ? Answer , III. I conceive I have answered this in the first and second answers ; And I do further averr that a Parliament may be free in its election or originall being , and operations or exercise , and to and in the end of its Session , yet they are bounded by the Fundamentall Lawes and Liberties of the Nation , and this doth not make them ever the more unfree , because the Fundamentall Lawes doth limit the delegated power , and hinder them from doing that which is ipso jure & ipso facto Illegall in it self , viz : To destroy the Fundamentall Lawes , which is the salus populi , suprema lex , and according to all which any Statute is to be made . And therefore Parliaments I conceive will hardly give you thanks in making their Authority & power to be greater then is desireable , whereby to induce them to think they have no bounds , by which Cogitation they may do Acts that may prove a snare unto them ; And the people have no reason to thank you , for if there be no Fundamentalls , and a limitted Delegation in the Supreame Legislative power , they might feare some danger to themselves in their Eelection of their Parliamentary Conservators . But there being such Righteous Fundamentalls , and the peoples Right to have Parliaments every year , or oftner , ( if need be ) the people need not fear Parliaments ; but have much reason to love their CONSTITUTION . Question , IV. If it shall be answered in the Affirmative that a free Parliament ought to be so chosen , and so impowred as aforesaid , I demand as the Nation is now influenced by Priests , Lawyers , and Cavaliers , how the end of the good People can be answered by a Parliament so elected and impowred ? Answer , IV. Although there may be danger in the having a free Parliament , considering our late intestine , civil Warrs , and animosities , and so it doth behove those that have been faithfull in the Cause of their Country , to seek , to save and defend themselves from destruction and Violence , and our Enemies might tax us , as well as our own hearts condemne us , with carelessness , and want of common ingenuity , if we should not have respect to our just preservation , yet consider this hath been the pretence for very many years to avoyde our Rights , and it is the only way to continue perpetuall animosities , and to manifest that we trust not in the Lord our God at all . And besides , consider danger is no argument against Right . Upon this and the like suitable suggestions of yours , the people may be for ever deprived of their Fundamentall and auntient Lawes and Birthrights , as they were for a time by that Illegall mischievous Acts of Parliament , with a flattering Preamble of 11 H. 7. cap. 3. as that famous Lawyer the Lord Cook calls it in the fourth part of his Institutes . The colours ( to make an Act good , or seeme good if colours only can make an Act to be so ) were as specious as these which you have given , or can be made to extend unto , to justifie a force , or deny , or question Right . The said Illegal mischievous Act was pretended to be made to avoyde divers mischiefs . 1. To the displeasure of Almighty God . 2. To the great let of the Common Law . 3. The great let of the Wealth of the Land . Which were ( I averr ) as great , ( or far greater ) pretences as to tell us of influenced Lawyers , Priests and Cavaliers ; For our Fundamental established Lawes , are so excellent and good in themselves , that no artificial Rhetorique of influenced Lawyers , Priests , or Cavaliers , ( your names of distinction ) or indeed any other Faction as well as they you name , could yet ever subvert them , or raze them ; and there may or can be given you a very great Catalogue ( in convenient season ) of the force of the Law , and the visible displeasure of God and good people , in very many Generations past , against such influenced persons , when by their acquired wit and interest they have done the Nation injury , in willful acts and endeavours to subvert the publick Fundamental Lawes ; And I have read Cassiodor saith , Jura publica , certissima sunt vitae humanae solatia ; infirmorum auxilia , impiorum fraena . The Publick Laws are the most certain Comforts of humane life , they are the helps of the weak , and the Bridles of the Impious : Our Publick Fundamental Laws are the Bulwarks of our Nation in general , and of Families , and persons in particular ; and if we can enjoy them , we have earthly happiness therein . Question V. If ever any Parliament could have answered the ends of the good people , I demand whether the last long Parliament were not once the most likely of any that went before them , or of any that can be expected to succeed them ? Answer V. You need not publish a questioning or doubt of the ability of Parliaments to answer the ends of the good people for it doth too much tend to weaken & dissolve the peoples love , & affection to their own Right of Parliaments , & indeed the long Parliament were most likely in our late times , ( for many Reasons ) to answer the expectations of the good people , because of the Power invested in them by Act of Parliament , not to be dissolved unlesse by Act of Parliament , or adjourned , unless by themselves or their own Order ; And further , because of those high and Eminent Obligations they had upon them of their Faith and Promises , and of their Declarations , and invitations to the people in the case of the original of the Warr which hath caused much blood shed & expense of Treasure . And therefore sithence you and others had Commissions from the remainder of them ( who were a declared refined party by the excellent pretences , and by power of some influenceing Officers of the Army ) your expectations were so much the more liklier and neerer to be answered you in a peacable way of submission & obedience , rather then a violent way of interruption . Unlawfull and determined Violence many times Causes sad and lamentable facts against the Vertues of Justice , Temperance , Prudence and Fortitude , tending only to produce cares and feares innumerable , and only to leave place for great trouble and repentance , or the severe hand of God . Question VI . Notwithstanding the great hopes we had of them , Considering the good beginnings they made , and the faire opportunityes they had to perfect what they had begun , I demand whether the most Considerable of the good things they did ( viz ) the takeing away Kingship , and Peerage , and declaring this Nation a free State , were not rather the fruits and effects of that force , which was put upon them , when the Army garbled them , then the Votes and Results of a free Parliament ? Answer VI . You take your opportunity to keep the Parliament of the Commonwealth of England out of their Right , supposing you are well backed by a great revolt or force . But yet you consider they made good beginnings as well as alleadge and averr that they had faire opportunities . But whether you do fairly to question whether the most considerable of the good things you cite and mention they did , were more the fruits and effects of a force of the Army then the Votes and Results of a free Parliament , I referr to the rational and unbiased , seeing no such Result did ever yet proceed from themselves ; But yet by this method of yours , you acknowledge them friends to the Forcers , and you lay a ground ( though I confess unwillingly by what appears ) to invalid or weaken the Acts ( as to any thing you declare and esteem as good ) because the Law of England is a great enemy to unlawful force , and violence ; Maxime paci sunt contraria vis & injuria , Force and injury are contraries to peace , and it signifieth any thing that a man striketh or hurteth withal , as the Lord Cook in the first part of his Institutes his Commentaries upon Littleton . And you also by this your doubting , questioning , way , passe a censorious ▪ Judgment upon their minds and Consciences ; upon all the intrinsical considerations they moved in their publick affairs , and so you make your self and others Examples , or Presidents to devise and lay everlasting methods of private discontent or change to this or any future Parliament , upon your and their own accusations and Judgment . Quest . VII . VVhether the Parliament did not Act highest against the interest of the good People of this Nation when there was no force at all upon them ? Answ . VII . No good man , or a man of good and sincere desires , will ( upon due consideration and entring into the Closet of his heart ) justifie any action in the Parliament against the Interest of the good people before the force was upon them : so the good people ought not to do wrong or injustice to those whom they account evil , or worse then themselves ; And it is very possible that any person or persons , who remain alive , and were in Parliament , may see their error in any thing you can justly charge ; But however Generals are no method of satisfaction or conviction to any person , or charges in Law or Equity , against any person , by a Fundamental Maxime and Rule of Law , and Reason . And the force being upon them , as you confess , and the pretended ground of the force used , being publickly declared to try whether things were so yea or no ; if those persons that were the cause , and principle Authors of the force had pleased ; and if there declared aims and zeal had been for good people , they had time to manifest themselves by way of integrity to their pretences ; But whether they did any thing legally in order thereunto , I appeal to God and the World . I forbear at present to cite particulars . Quest . VIII . Whether there was not a time when the Army , and divers others , were accounted the great Assertors of their Countreys Liberties when they refused to comply with the Votes of the then Free and uninterrupted Parliament ? — Col. Rainsborough , Lieut. Col. John Lilburn , Capt. Bray . Cornet Joyce , Cornet Thomson , Mr. Richard Overton , Mr. VVilliam VValwin , Thomas Prince , &c. Answ . VIII . You need not question whether there was a time or not , when the Army or others , some of whom you are pleased particularly to name , were accounted Assertors of their Countries Liberties ; But you should have told particularly , in what they refused to comply with the then Free and uninterrupted Parliament ; for it is a Maxime in Law , and approved Reason , Dolosus versatur in generalibus , The crafty man lodges , and busies himself in generalls , ( they being vain and insignificant ) And peradventure , if they or any of them did not comply , it might have appeared adissent in such thing or things as the whole Parliament may be well satisfied in their Non-compliance . And I question not but divers of those Non-compliers , ( as you call them ) continue to the faithful affectionate asserting those principles , and malice it self , cannot in any lawful way , or means blemish their integrity . But if you think that it is their temper , disposition , or judgment , to refuse to comply with the Votes of a Free and uninterrupted Parliament , I believe you are much mistaken , unlesse you take them in this Legal sense , that they might be ( in these times of division and Faction ) in their peaceable , legal , judgment , and in Conscience , contrary to any thing that was particularly against the Fundamental Laws , Rights and Liberties of the People . And doubtless , or peradventure in the same sense they were , and have been LAWFUL NON-COMPLYERS WITH THE ARMY ALSO . But I suppose , you are deceived by your own heart , if you think to make your self a legall or warrantable Accuser in this your apt opportunity , and blast them if you could , with their Non-compliance as a Crime ; For if in the daies of MONARCHY an ACT of PARLIAMENT , against the Fundamental Lawes and Liberties , is VOYD , and shall be held for an ERROR , and called a MISCHIEVOUS ILLEGAL ACT , and be comptrolled by the Peoples COMMON-LAWS , and LIBERTIES , as I conceive I have proved before : much more may Votes which are not drawn to an Act , and which may be changed or anulled , ( upon clear conviction of Consciente , and Reason , and understanding in a Parliament it self ( upon revising or reminding the Fundamental Lawes and Liberties before it comes to be Enacted ) be consciensciously scrupled , or not complyed with , without a blemish ; but rather justified as a LAVVFUL AND COMMENDABLE NON-COMPLIANCE , both before God and man . Quest . IX VVhether there was not as much the hearts and spirits of all People , concurring to their interruption in 1653 , as ever was to their Election ? Answ . IX . I suppose you presume too highly , and too far to imagine that the hearts and spirits of all People did concurr to their Interruption , as ever to their Election . How can it be supposed you should know the hearts and spirits of all people in this matter ? Surely you have not conversed with all People that were at the Elections . They did never tell you their judgment , and acquaint you with their hearts and spirits , if you made any such inquisition in the matter . And if your meaning by the words all the people , must be taken for the major part of the people , or the major part of the Electors , thereby you would have every man take you according to your meaning , and not your saying ; But however this General Charge doth not accuse or concerne any persons with any triumph , or concurrence of hearts or Spirits in the Fact , but your own , and those that did , or you know did , concurr , it cannot reflect upon any other persons . For there were many who had been faithful in the publique Cause , who received many and great injuries , and oppressions , by means of the influence and Power of the then General Crumwell , &c. yet their hearts did not concur in that violent fact in 1653 , not only for that unlawful violence is not good in it self , but also because of the inevitable ill consequences thereof , they foresaw the sad ensuing evils and dangers which took effect , and had its suitable course ( agreeable to the Cause ) after the year 1653. And so I shall conclude this my Answer with the saying of Charron in his Book of Wisdom ; Male cunsta minstrat impetus . Violence doth nothing well . Question X. Whether those men that last sate were not rather admitted to serve the present Exigency ( as the best expedient that then could be thought on ) rather then out of consciousness to their just Authority as a Free Parliament ? Answer X. If you and others were ingaged by termes in your Commission , to be obedient to such orders and directions as should be given from the men that last sate , you had then termed this your tenth Qustion in apt words . And for their being admitted to serve a then present exigency , I could never find that it was any published end . And if it was a secret intention , only it was not a mutuall Compact , and so could not bind the publiquely invited . But by this you do inevitably and Consequentially charge them that invited the Parliament of the Commonwealth of England ( into possession of their interrupted Session ) with Hypocrisy , as if they did not intend what they publiquely and manifestly pretended . And that you may see your Errour , and inconsideration by Declaration of the 6th of April , 1656. divers Officers of the Army declared a Commemoration of what they had solemnly before declared not without appeales to God ; And they complained therein that those which had been Enemies to that FAMOUS LONG PARLIAMENT had meetings and grew very insolent , to offer affronts and assaults to the friends thereof ; That the FAMOUS ACTIONS of the Parliament were vilified and evill spoken of , And of persons dareing to speak against the Authority of PARLIAMENTS , and to call their proceedings and such as acted in obedience to them illegall and unwarrantable , so that there was but a step ( say they expresly ) between the PUBLICK CAUSE and the FUNERALL thereof . And they bewailed their great failings and turnings aside , and desired wherein they had backslidden to take shame to themselves . The 6th . of May , after , they invited the Members of the Long Parliament from the year 1648 , that continued sitting till the 20th of April 1653. And therein they called to mind and declared That the Long Parliament were EMINENT ASSERTORS of the Good Old Cause , and had a SPECIALL PRESENCE of GOD with them , and were SIGNALLY BLESSED in that work , And they did judge it their DUTY to invite the said Members to the Exercise and discharge of the said TRUST . And they promised them that they should be ready in their places to yeeld them ( as they said expresly did become them ) their UTMOST ASSISTANCE to sit in SAFETIE as will appeare by their publique Declarations , not declaring and inviteing them to serve the then present Exigency , &c : as the best expedient , &c. And if they did not submitt to them as a free Parliament , Consider who made them unfree , or in any sort of Bondage or Servitude ; And therefore they themselves that were any Cause or colour of diminution to their just Freedome have no Reason to make it any Argument or ground for any violent violation of their Liberty . Question XI . VVhether there did not remaine a Force upon them aell the time of the last Session in as much as the greatest part of their Members were secluded ? Answer XI . If the Force did remaine on them all the time of their last Session , you accuse the Forcers whom you seem to pretend to clear and justify ; Consider who forced them ? or who caused the Force to remaine ? If the greatest part of the Members were secluded . Consider they did not seclude themselves ; And Albeit it is mans duty in Generall to deny to do that which is malum in se though under a force or terror & although in some Cases force may excuse in some measure , yet it is no argument that because one force was before acted , that therfore another must be done , no more then a second sin should be committed to justifie a precedent on . And therefore the Querent had been better to have urged this question , or tendered this Case , and his Reasons in a peaceable humble manner to the Parliament of the Commonwealth , from whom he had his Commission in the time of their Session then justify the present Case of the Confusion and interruption . Question XII . If all Force Fetters and Shekles had been taken of , and they had enjoyed the free and accustomed Power , and Priviledges of the Parliament of England , I demand if ever Sir George Booth and Major Generall Brown , &c : had been voted Traytors ? Answer XII . You enter upon Judgement too farr and before your time , for you know not what the Parliament would have done if Force Fetters and Shekles had been taken of , if they had enjoyed the Free and accustomed Power and Priviledges of Parliament . I think you cannot divine . I may say in the judgement of Charity , Peradventure they might have entered into a Righteous and equall consideration of things without respect of persons as in the sight of God and man . Therefore I suppose that place of Scripture , 7 Matt. 1. may be applyed to you in this matter , Judge not , that ye be not judged . And if you have any thing to say to those Gentlemen you name , in a legall manner , or when the Law is open , and hath its legall free indifferent and impartiall Course , you may have the Liberty to accuse , as they or any Englishman else ought to have the fullest liberty of defence , which the Righteous auntient Fundamentall Lawes and Liberties afford ; And so I ( who am not privy to their affaires ) shall close this Answer in defence of our Fundamentall Lawes and Rights , with the sentences and wise sayings of the Town Clerk of Ephesus , 19 Acts 38 , 39 , 40. against the confusion and Uproare raised by Demetrius . VVherefore if Demetrius & the craftsmen which are with him have a m●tter against any man , the Law is — ( or indeed ought to be ) open , or the Court dayes kept , and there are Deputies let them implade one another : But if ye inquire any thing concerning other matters , it shall be determined in a Lawful ( or ordinary ) Assembly . For we are in danger to be called in question for this daies Uproare . there being no cause , whereby we may give an Account of the Co●course , Verse 36. Seeing these things cannot be spoken against . ye ought to be quiet , and to do nothing rashly . Quest . XIII . And whereas it is objected , That by an Act made by King , Lords , and Commons , that 40 of them should make a Quorum , and that they should not be dissolved till they dissolve themselves ; and therefore being yet a Quorum , they are therefore a Free Parliament . I demand , VVhether by this Argument those which the Army secluded when they came to Hounsloe-Heath , may not as well call themselves a Parliament , seeing they were a Quorum , and kept their places in the House , when the rest went away to the Army , and were as truly forced out then as these were afterwards ; and whether this very Argument would not make them a Parliament , if another Interest should prevail to take off that Interruption . Again the intent of that Act was not that any 40 whom the Sword should separate from the rest should make a Quorum , but rather , if by degrees some should dye , and others by consent of the Major part should be Voted out as uncapable to sit , or that others should be absent by reason of any emergencies , that then and in such case 40 should make a quorum ; and this is the Reason why a fixed number are appointed a quorum in all State Conventions ; Therefore it remains , that the last Parliament were rather chosen and elected by the Army , in the capacity they stood since they were first garbled : then the Peoples Representatives , because the Army might have elected that number they forced out , as well as those they kept in , unto whom they might have subscribed obedience ? Answ . XIII . I shall only ( in brief ) answer to this Question , ( grounded upon a supposed Objection , which you have heard or made ) If there is an Act that 40 of them should make a Quorum , and that they should not be dissolved till they dissolve themselves ; This Act did invest them or any of them with a Legal Session against any illegal dissolution whatsoever , either by Army or any other . And the Law considers the Cause , the Common interest , and not parties , or Factions . I further inforce my answer ( with submission ) to the deep Judgment of a Sage , Honourable Person , upon his going to the Army , ( viz. ) by the Declaration of VVilliam Lenthal Esq . Speaker , &c. ( in the Book of the Declarations of the Army , Printed by special Order , by one Matthew Simmons 27 Sept. 1647. pag. 107 , 108. wherein is set forth particularly , the violent acts against him ) He demonstrateth in express termes That in 1647 The Votes then passed were all null and void , being extorted by force and violence , That the omission of a circumstance or some formalities in the adjournment of the House ( when through force and violence , it cannot sit in any sort as a Parliament ) cannot be any prejudice to the future meetings and proceedings thereof , when it may sit , and meet again , as a Free Parliament , it being well known , that nothing can dissolve this Parliament but an Act of Parliament ? Quest . XIIII . I demand then , how any can cry Hosanna to the last Assembly , as to a just and Free Parliamentary Authority , and endeavour to restore them to the exercise thereof , upon that foot of account , unlesse they also endeavour to take off the first as well as the last interruption , which how safe that will be , I leave to the others to judge ? Answ . XIIII . To this , I only Answer , That when you did accept of a Commission from the last Assembly , or their Delegates , I suppose you cryed Hosanna , and not interrupt , or crucifie , crucifie them . But to conclude , this ; I Judge any interruption , or seclusion of any party or parties , contrary to Justice or the Fundamental Laws of England , is void in Law , and destructive to Freedom , and layes a ground and method for animosities and perpetual Wars amongst the people , instead of love , quietnesse , and amendment of errours ; And as for the latter part of your question , concerning the unsafenesse to take of the first interruption , It is fit to be debated Legally and peaceably in a Parliamentary way ; & that Justice be done in the case . Quest . XV . If we should assay to restore them upon a prudential account , then I quaery , what reason there is to believe such a thing will be effected , unless they will recede from their Votes , or the Army subject unto them , which how they can do with safety to themselves or the good people of this Land I leave others to judge ? Answ . XV . If you should essay to restore them upon a Prudential account , you thereby would make your self a Judge , so far as to put a limitation upon their Restitution , unlesse your prudential intentions therein , did relate to the Justice of it requirable in the present case : so likewise to oblige them without doors , ( if it could legally be ) to recede from their own Votes , would continue an apparent force upon them ; and so it would not be so valid , as if they should after the interruption taken off , in a voluntary manner consider and recede . And then if there be no taking of the force ( which hinders their Session ) unlesse they will recede from their Votes , this continues their Bondage , and that cannot be safe for the people , to have their Parliaments in fear , or under Force or servitude , no more safe then it can be lawful or honourable for Parliaments ( the Supream Conservators ) to act above and contrary to the Righteous Fundamental , and unalterable , Laws and Liberties . But however the People do ( I conceive ) justly incline to have the face of a Civil Authority , rather then the Force of a Sword over them ; which way of Force ( in the Case ) may produce innumerable evils , both at present and in future , peradventure greater then the chief Authors of this Force may either fore-see , or ought upon due consideration to desire or aim at ; and it may not only produce evil . , but hinder that good , which no good man but would desire to be enjoyed ; I mean our Fundamental Laws and Liberties . Quest . XVI . If it should be effested , and they should come to the exercise of their Authority ; I demand , what reason there is , to believe they will answer the ends of the good people of the Land ? Answ . XVI . If it should be effected that they should be restored , there might be reason in the judgement of charity , to hope or believe that they will answer the ends of the good people of the land . It is possible they may enter into a mature grave and pious consideration of things . It is much to me that you should seem to have so great a prejudice to them , for why should you judge so of your friends , that they should not make a good ending of their Session , as well as acknowledge as you do in your 6th . Question that they made good beginnings ? Can it be supposed or justly expected they would Vote a Period to their own Session , as they did , and yet resolve to go forth without giving a sweet smell and savour , and taking into consideration all the blood and treasure and their own promises and solemn obligations , I must confess if they should not take those things into consideration ; for my own particular , I who am a Member of the oppressed people for about eleven years should have no remedy unless I should obtain Justice from another , and succeeding Honourable and just Councel of Parliament . Quest . XVII . If their restoring cannot in reason be thought practicable , and if practicable not profitable ; why should we labour in the fire of contention to effect it ? Answ . XVII . I know no reason why it cannot be thought practicable or profitable , or why it should be accounted a labouring in the fire of contention to effect it . You make the difficulty greater then it is ; For do you think the obligations upon them are of so light a nature or of so little value that they will end their Session with dishonour ? Or do you think the obligations that are upon the Army or the Officers thereof to the Parliament are of so little moment , as that they can be in this way ( of the sword or sire of contention ) evaded , and dispensed withal . Quest . XVIII . If then this cannot be a Free Parliament upon their re-admission considering the force that remained upon them , and that most of the eminent good things they did were by force squeezed from them , and therefore in Law cannot be the free Representatives of the People of England . I demand , whether some number of honest men chosen out to serve the present exigency , may not be as Lawful an Authority as they , and sooner answer the desire of all good people ? Answ . XVIII . By any thing whatsoever I can see presented from you of reason in the present case , this Parliament may be free if their interrption be laid aside or the force discontinued , but if the force be upon them , their re-admission ( as you call it ) may prove of little effect : And if your supposition be never so true , that most of the eminent good things you aver they did were by force squeezed from them , and therefore in Lawe you say cannot be the free Representatives of the people of England , this is an Argument to take of the force . And besides it doth not appear by any Act of their own confession or publick Declaration , that most of the eminent good things you aver they did were by force squeezed from them . Peradventure they on the other hand will say they had done far greater good things then they did , if the force had not been upon them ; and likewise paradventure they will say they had not done or consented to such Acts , which ( in the judgement of divers good and consciencious men even of destroyed or undone persons and families ) were evil and contrary to the Laws and Liberties . And as to the last part of your question , what do you mean by some other number of honest men to serve a present exigency . If the Power by which an Election is created , is unlawful and usurped , it would be voyd , erronious , or dangerous , both as to the Electors and Elected , and full of dsssatisfaction , in its being , introduce Innovations , and subvert our righteous Laws , and Liberties , for defence of which there hath been so much precious bloud-shed , and Treasure consumed ; And further , whether you mean that number of honest men should be a lawful FREE PARLIAMENT in its Election and Session ? I know not : you leave it in doubt . And whether that any number of honest men can , and will , hazard themselves to serve an exigency , least they should be served as others have been before , is questionable , not only because of the unlawfulnesse of the imposition of those your number of honest men ( so called ) upon us , but also because of the inconstancy of Judgment , &c. and motions in these publique affairs ; For in some part of your Questions , you seem to be for a full and Free Parliament , Then in the 4th Question you account it dangerous to have one , for fear of influenced Lawyers , Priests and Cavaliers : Then in your 10th Question , you say or conclude strongly , That the men who sat last were rather admitted to serve a present exigency ; which admittance ( as you call it ) was after the dissolution of another Assembly before them . And why may not the other number of honest men , which you drive at be also admitted to serve an exigency , or a danger foreseen ? And where are our Laws and Liberties , Fundamental , uninterruptible , ancient and undoubted Rights all the while , the possession of which would be a lawful means to repair the wrongs , and intollerable burthens of the oppressed , and discover who are the friends of publique Justice , Peace and Amity ? Thus I have given my thoughts concerning these Questions , intendedly to manifest my affections : to the just LAWS and FREEDOMS of our Countrey to Truth , and right reason , ( I hope ) in sober contrariety to rash and illegal Violence , without unjust respect or disrespect to parties and Factions ; And I do apprehend , at present I shall displease none herein , except my particular enemies , who may rejoyce in my wrongs , or such as are willful oppressors , and resolved in their way . W. B. FINIS . The Printer to the Reader . Courteous Reader , HAving received the Copy of this Book divers weeks since from the Author , I thought it necessary to informe thee , that it should have been published the 22 of December last , it being a time more seasonable then at present , and agreeable to the intentions of the Author ; but was interrupted by some persons , the Agents of the late Council of safety ( so called ) who preyed upon the written Copy , amongst other Papers , then ready to be published in vindication of the present Parliament ; and the Laws and Liberties of England .