A Counterplea to the Cowards Apology

A COVNTERPLEA to the Cowards Apology, manifesting by an ancient Record and Law; The unlawfulness of passing any Vote or Judgment against Law, or Conscience, for fear of Death, Danger, or any forfeiture, in any Court, Counsel or Judicature, especially in the Houses of PARLIAMENT.

I N the Parliament of 1. H. 4. Some Lord's and others excusing themselves from their unjust illegal actions, and votes in the Privy-Council, that what they advised and did, was by constraint of King Richard, and for fear 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] That the Lord's, Spiritual and Temporal, and other persons might not be received in time to come for to excuse them, to say That They durst not to do 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 keep their Oath [or do their duty] then to Fear death or any Forfeiture. And hereupon [as 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 WRONG IVDGEMENT, or other criminous. or unlawful deeds, saying, THAT FOR FEARE THEY DVRST NONE OTHERWISE DOE, for such excuse after that Day. SHALL STAND HIM IN NO EFFECT.

If no such excuse might be alleged by any Lord or private Person whatsoever; much less then by the whole or major part of the House of Lord's or Commons, consisting of many hundred persons of greatest Eminency, Honor, and Power, able not only magnanimously to contemn and withstand to death, the highest menaces, unlawful violence, and armed forces of the King, (as they have formerly done to their eternal honor) but likewise much more of their own 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 God's and the whole Kingdoms presence, (whom they represent) and answer this demand without any equivocations, or evasions, (as they shall answer it at the great day of judgment, before the tribunal 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 own, notwithstanding their present tumultuous proceedings; the putting of the Militia and all forces of the Kingdom under Sir Thomas Fairfax his Command [after his and the Armies refusal to be commanded by the Houses, or to obey their Votes:] the removal and disposal 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 self accusation of other unimpeached Members, without and before any particular Charge or accuser; the discountenancing, and dispersing of such dutiful gallant Officers and Soldiers, who in obedience and conscience to their votes deserted the ARMY; the Declaration against the introducing of foreign forces, (without any ground or proof of such a design intended,) the 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 Armies proposals (in a strange extrajudiciall mutinous way;) proceeded not principally, if not solely, from a degenerous panic fear and terror of the Army, or low compliance 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 real principles of justice, Conscience, Piety, Honor, Sound Reason, or true Christian Policy? If yea; as their own consciences can best testify, & some of their tongues confess (who assure their friends, that they would never have condescended 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 Solemn League, Covenant, and protestations. And if their Consciences herein condemn them, let them sin no more (in such a kind as this) lest a worse thing happen to them, and the whole Kingdom, City, and Country be Enthralled, Ruined, yea the Honor, Prviledges, & Freedom of this and all future Parliaments betrayed, by their sordid fear of death or any other loss from an unformidable Army of their own raising: some of whose Anti-monarchical, Anti-magistraticall, Anti-parliamentall, Anarchicall Schismaticall dangerous Principles, and High demands, can presage nothing but Desolation to us, if complied with; and can no ways endanger Parliament or Kingdom, but by an unworthy condescension to them; and will soon vanish into empty vapors, if gallantly denied, or manfully opposed by both Houses, with an Heroic English resolution to which the many former experiences of God's 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 human force I, even I, am he that comforteth thee, who art thou that thou shouldest be afraid of a man that shall die, or of the son of man that shall be made as grass? 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? No Weapon that is formed against thee shall prosper, and every tongue that shall rise against thee in judgment, thou shalt condemn. Such a divine Cordial, as this, cannot but engage all Generous Members really fearing God, or truly loving their country, Religion, the honor & freedom of Parliaments, to quit themselves like men, like Englishmen of far 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 me, my heart shall not fear; nor yet my tongue ever vote or cry, Ay or No against my reason, Justice, Judgment, conscience, or the Parliaments honor in the least punctilio: Which not to do 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 entrusted them, uncapable of any excuse, or mitigation through fear of danger; An argument, which too many now unworthily insist on.