of all Power in Parliament, being in express terms for the Lords to treat and advise with
the King and the Peers of the Kingdom of England, and for the Commons to do and
consent to those things which by that Common-Council of England should be ordained,
thereby excluding all others.
But their League, it seems, is gone further; the Scots must consent as well as advise,
so that they have gotten a negative voice, and they, who in the former Letter would
be the Kings only Council, are now become no Council without the Scotish Com∣missioners:
The truth is, they have (besides the solemn League and Covenant with the
Scots, which their Letter mentions, a strange and traitourous presumption, for Subjects
to make a Covenant and League with Subjects of another Kingdom without their Prince)
made private bargains with the Scots touching our Estates, and a private agreement not
to treat without their consent, as some of themselves being afraid of a Treaty openly
declared to the Common-Council of London: And therefore 'tis no wonder, that being
touched to the quick with the apprehension that they are not, nor can be in this con∣dition,
a full and free Convention of Parliament, they charge us with deserting our Trust,
and would have us to be no Members of the Parliament. They may remember it was
our want of freedom within, and the seditious Tumults without, their many multiplied
Treasons there, and imposing traitourous Oaths, which inforced our absence: But con∣cerning
that and the want of freedom in Parliament we shall say no more here, (that
being the Subject of another Declaration) only we wish them to consider by what Fun∣damental
Laws of the Kingdom (which they have lately wrested to serve all turns) they
can exclude us from our Votes in Parliament, who were duely summoned, chosen and
returned Members of Parliament, and take in those of another Kingdom to their Reso∣lutions,
who are not bound by our Laws.
But what violation soever they make of the Laws, they are forward to put the King in
mind of His Duty; and therefore tell Him, That He is sworn to maintain the Laws,
as they are sworn to their Allegiance to Him, these Obligations being reciprocal. It
is true in some sense, that the Oath of the King and Subjects is reciprocal, that is, each
is bound to perform what they swear, the King as well as the Subjects; but he that
will well weigh their Letter, and make one part have connexion with the other, and
examine that part of their Covenant, whereby they swear they will defend the Kings
Person and Authority no further or otherwise than in preservation of their Religion and
Liberties, may easily find another construction, viz. That the Subjects Allegiance
is no longer due than the King performs His Duty, nay, no longer than He in their
opinion observes His Duty, whereof they themselves must be Judges; and if He fail
in His Duty, they may take up Arms against Him: A Principle which as it is utterly
destructive to all Government, so, we believe, they themselves dare not plainly avow
it, lest as they now make use of it against the King, so the People finding their failure
of Duty and breach of Trust, should hereafter practise it by taking up Arms against
them, and so shake of that yoak of Tyranny imposed by their fellow Subjects which
lies so heavy upon them. It were well as they still press upon the King maintenance
of the Laws, they would also know that their Obligation to observe the same is reci∣procal;
and while they here resolve to defend and preserve the full Power of this Par∣liament
(which in their sense can be no other than the Power they have exercised this
Parliament) they would take notice that they are therein so far from observation of the
Laws, that they desperately resolve an utter subversion of them: For what can more
tend to the destruction of the Laws, than to usurp a Power to themselves without
the King, and against His will to raise Arms, to attribute to their Orders or pre∣tended
Ordinances the power of Laws and Statutes, to inforce Contributions, Loans
and Taxes of all sorts from the Subject, to imprison without cause shewed, and then
prohibit Writs of Habeas Corpus for their enlargement, to lay Excises upon all Com∣modities,
to command and dispose of the Lives and Estates of the free-born Sub∣jects
of this Kingdom at their pleasure, to impose Tonnage and Poundage; contrary
to the Law declared in the late Act for Tonnage and Poundage; and all this done
and justified as by a legal civil Power founded and inherent in them? All which
are manifest breaches of the Petition of Right and Magna Charta, the great Evidence of
the Liberties of England; which Charter by express words binds them and us, though
assembled in Parliament, as well as the King: And though it be not now, as heretofore
it hath been, taken by solemn Oath on the Peoples part as well as on the Kings, nor a
Curse, as heretofore, pronounced on the Violators; yet they having taken a Protestation
to maintain the Laws, and the Liberties and Properties of the Subject, and inclusively
that Charter, let them take heed, whilst they make use of this their pretended Power