A Counterplea to the Cowards Apology, Treatise
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 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 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, 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.
FINIS.
End of the text · William Prynne, A Counterplea to the Cowards Apology (1647)