A vindication of the King· With some observations upon the two Houses. By a true sonne of the Church of England, and a lover of his countryes liberty. Waller, Edmund, 1606-1687. This text is an enriched version of the TCP digital transcription A67357 of text R203883 in the English Short Title Catalog (Wing W533D). 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. 22 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A67357 Wing W533D ESTC R203883 99825295 99825295 29675 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. A67357) Transcribed from: (Early English Books Online ; image set 29675) Images scanned from microfilm: (Early English books, 1641-1700 ; 2181:7) A vindication of the King· With some observations upon the two Houses. By a true sonne of the Church of England, and a lover of his countryes liberty. Waller, Edmund, 1606-1687. [8] p. [s.n.], London : printed anno Domini, 1642. A true sonne of the Church of England = Edmund Waller. Signatures: A⁴. Title page has ornament with vines and leaves. Variant: ornament with grotesque face. Pages cropped and stained with slight loss of print. At reel position 2504:4, t.p. only is bound with and filmed after An Occasional essay by way of parable, in vindication of the ejected ministers from the usual scandal of a schismatical seperation (Wing O123S). Reproduction of the original in the Harvard University Library. eng Charles -- I, -- King of England, 1600-1649 -- Early works to 1800. Great Britain -- History -- Charles I, 1625-1649 -- Early works to 1800. A67357 R203883 (Wing W533D). civilwar no A vindication of the King· With some observations upon the two Houses. By a true sonne of the Church of England, and a lover of his countrye Waller, Edmund 1642 4289 12 0 0 0 0 0 28 C The rate of 28 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2002-11 TCP Assigned for keying and markup 2002-12 Aptara Keyed and coded from ProQuest page images 2003-01 John Latta Sampled and proofread 2003-01 John Latta Text and markup reviewed and edited 2003-02 pfs Batch review (QC) and XML conversion A VINDICATION OF THE KING WITH Some OBSERVATIONS upon the TWO HOVSES . By a true Sonne of the Church of ENGLAND , and a Lover of his Countryes Liberty . London , Printed Anno Domini , 1642. A Vindication of the KING , &c. I Shall not be curious to satisfie the Reason of any prepossest opinion , yet since the Times hath given an open Presse to cleere every imagination which is not stifled in this Dampe : I have endeavoured to contract my own Meditations in a narrow roome ; and rather expose them to the censure of the most judicious , then rest satisfied alone , and admit this cloudy surface to overwhelme so vast a Body . I confesse it was no meane part of my happinesse in our dangerous extreames , to hope for a happy Union by that Soveraign medicine of a fading State , a Parliament and knowing the admirable affection of our gracious Soveraign to the peace and quiet of the Kingdome , though it was His unspeakable misfortune , never to know the misery of the People , till their discontents were growne to that head , they became almost ( if not altogether uncureable , by those unreasonable Monopolies , exacted by some ill affected agents , conducing little to his advantage , but to the furthering of their ambition , who not withstanding , could as easily desert him in his misery , as before be the ready instruments to importune him to this mischiefe , upon pretence of a Legall Authority , which who knowes not a Prince , may bee soone mistaken in , since none can be so silly , as to beleeve him a studied Lawyer : Yet that this should expose us to so great an adventure , as not only to divest him of this suspected arbitrary power , but to confer an absolute government to any whatsoever , renders me no other action then the Poets , Incidit in Syllam cupiens vitare caribdim . But if you please to take the true State of the businesse , let your Impartiall Judgement confer with your reason , upon these few notorious truths . What has the King denyed which concern our Liberty , and are the undoubted securities of our happinesse , under the regiment of a Just and unquestionable Monarchy ? Are not our Rights and Properties already establisht this Parliament , by such acts of Grace , as could never finde presidents from His Ancestors , besides the utter extirpation of Shipmony , Monopolies , upon what pretence soever , those arbitrary Courts of Justice , High Commission , Star-Chamber , Marshalseas , &c. Has he not importuned the setling of Religion in his purity , and that there might be a Law , to secure the tender consciences of those who will not agree the Ceremonies . Are not the taking away these sufficient ground to desolve our Jealosies , if ever we mean to be satisfied . As for their feares , I wish wee had as little reason to suspect the fomenters , as we have the King , who is so clearly divested of any power , to make good the least injustice , that it 's too great a hazard on his part to adventure what our consciences enforce us to make good for Him on our part : and the conservation of those are so attested by him ( in the word of a King ) with such unusuall expressions , that if they came from a stranger , ( I suspected not an infidell ) I was bound to beleeve in charity , witnesse those serious asseverations , God so deale with Me and my Children , as I intend to conserve my Parliament in its Priviledges , the Rights of the Subject , and the true profest Protestant Religion , God so prosper me in what I take in hand . Is there yet a further way to establish them , whereby they may be so secure , that a violation may seeme impossible , with out the subversion of the very letter of the Law : Why is it not proposed if it be no Invasion of that Just Prerogative was never denyed his Ancestors ? and what he hath deserved of us , that he may not be as far trusted , is as hard to object , as easily answered . If then we must needes agree that therebeing nothing so cleare , why should any subtile pretences , hinder our desired accommodation , unlesse there be that intend the alteration of our Government , and how inconsistant that may prove to a People already managed , under the united order of a vertuous King , daily experience offers it too easie of conjecture . Yet for our better satisfaction , le ts weigh the amends we are like to make our selves , from these few Inconveniences , amongst the thousands which daily expose themselves to our view . 1. The unlimited power of the two Houses have already assumed into their own hands , a formall all Ordinance countermanding , suspending , nay , creating Acts of Parliament , though not in the name of Acts , yet in the power of Acts , whereby both King and People are obliged to obey ; how to distinguish this Ordinance from an Act of State , I am not well satisfied ; yet I have heard it cald Treason in one of their Members , for this comparison , though with that cautious provisoe , That it should be no leading case to future ages for Judges to imitate . Is this the security of our undoubted Rights we have so long endeavoured : who carries not now his life in his hand , managed by an exact power of a bare Vote , which if any contradicts , must suffer under the name of a malignant party , though of their own Members , and not proceeded against by the Justice of any president Acts , but condemned by the Votes of the present Session ; and if this be not an absolute subversion of the Rights of Parliament , and destructive to the fundamentall Laws of our Kingdome ( wherein our liberty consists ) I would fain be satisfied what is , for 't is most apparant to , whosoever examines their ordinary procedings ; we have no law left but what serves their turne ; and if that bee defective , to punish those they please to call Delinquents , their Legislatiue Ordinance can as well supply that defect , as it could make that obnoxious , which till this Parliament no man could ever call a fault . 2. This continuing power of the two Houses , which if they had had a mind should ever be remitted , they would have either expressed it in their first demand , and limitted it to a certaine time , wherin they might have compleatly qualified the disquiet countenance of a troubled Estate ; or since have endeavoured some Remonstrance for our satisfaction in that particular : For I would fain be answered , First , if they sit while they list , and passe what they list , whether they have not ( during their pleasure ) subverted our Monarchy by their democracie and Invested themselves of a power more Arbitrary , then the Monarchicall Government could pretend to , that having his limitations and Rules of Law , which the Iudges are to answer ( if they mistake ) or those that advise the King ; their democracy having no bounds , be but a thing of Yesterday , and which as yet we cannot understand , assuming to themselves the sole power to Iudge of our dangers , and propose such remedy , as may answer their pretences . 2. How every consciencious man can dispence with that sacred Oath of Allegiance , wherein He cals God to Witnesse for the Vindication of his Princes Iust Prerogative ▪ and their Protestation to maintain an absolute and unlimited power in the two Houses , wrested to those Ordinances expressely inhibited by His Majesties speciall commands ; in my understanding it is to no other purpose , then to lead us into a Maze , where when we are lost by our understanding ( which must necessarily be the principall of our subversion , They will offer us a Clue , shall either lead us to their premeditated designes ▪ whereby of necessity they will become our Masters , or to an inevitable Ruine , before we know the reason of our Fears and Iealousies , being the old Rule they so often enveighed against , First to trouble a State , then to subvert the Government . Let it not be objected now , that I am against Parliaments , for ( God knowes ) I am for them , and as Zealous for my Country as any Man that lives : But in my opinion , the best way to secure our Liberty had been , That our Members of both Houses might continue subjects still , lyable to the Regiment of those Laws which shal be enacted by them , wherein they will have a care of securing their own Estates for future , as well as ours , which was certtinly the intentions of our well advised Ancestors , in exposing so great a trust into their hands , When the Prince called for their advice in matters of greatest concernment ; but by this continued Session , they not onely are invested of an absolute power , but are able to make themselves amends at leisure for those monies exhausted out of their Estates , while we groan under the insupportable burthen of theirs ( as they call them ) Legall Taxes : and ●ns they may well be carelesse what Laws are past , never intending to be observers , but Lords of what they make . 3. Who are these pretended reformers of the Common-wealth , but the very Instruments who were the favourites during our oppression ; I need not name them to any , who has once attended the Epidemicke trouble of our age , and what unheard of Conversion we can make of their Lives , whereby such a Confidence should be reposed in them , as to devest so Religious and Iust a Prince of his unquestionable Rights and Prerogatives , and confer such an unlimited power so readily upon them , if we return our former senses , renders me amazed ; t is not amisse to ruminate some words His Majesty used in his own vindication at New-market , My Lords , lay your hands on your hearts , who were the Contrivers of these Illegall taxes , wherewith you have so incensed my people : to whose advantage were these impositions levied ? are my Exchequers at all larger ? or did you not rather conduce to your peculiar benefit , who were the onely perswaders of them , that you have now repayd me with condigne thanks . Those Favourites being content to be the Causers , though not the Companions of their Princes mis-fortunes : being like Crows upon a Carkase , that have no sooner bared the bones , but they are flown . Are we not yet sensible the rules of policy , not of honesty , to secure their lives and fortunes , not their consciences , exposed you to this politike , not publike service ; and had you not in so exact a course served your turns of these Loyall pretenders ; they had been as lyable to the extremity of Justice , as the greatest Delinquents that underwent the most heavy censures ; and undoubtedly had had their deserved shares , which would have given a better Colour to their upright proceedings as they would have you ●o believed . If they had impartially distributed Justice amongst the then Malignant party : but now that we should be so stupid as to b● circumvented with any pretences whatsoever , which out-strip the Essentiall rules of Government or Reason , and confide in the positive Vo 〈…〉 ambitious party ( for ought we know ) would admit my perswa●●●● be a mad-man that could allow that in his opinion , ●ut make th 〈…〉 you will , suppose them to be the most reall and upright 〈…〉 lives and consciences in the whole world : They are but the Counsell of the King and Kingdom , not their Commanders , for the ●ealth of our State is admirably ballanced if that have but his due proportion ; The Parliament consisting of three bodies , the King , the Lords , and Commons , so that if two should be destructive , and the third remayn sound during those Laws already in force , there can be no danger to our Kingdom , but if either of the two can passe at their pleasure what they will , the third must then of necessity stand for a Cypher , for consenting or disagreeing is then of equall value , and in my opinion it is a president of too great an adventure , for suppose the King and the Major part of the Lords should agree an Ordinance or Law , wee should think extreamly prejudiciall to the Liberty of the Subject , our Commons should be concluded peremptorily against their Consents : I heard an act not long since vouched in president that had bin ratified against their Consent of the Lords Spirituall , where they declared nec possumus nec volumus consentire , and this so rare wee could not finde a second . At the Parliament at Oxford in 17 H. 3. when the Lords were not there present , they were fain to dissolve the House without passing one Act , confirming my first proposition . That the consent of two bodies are not of force to make Us Laws without the third , much lesse conclude ; the King who is not onely the Supream Head , but the very soul , whose power gives life to their actions , when their body is once dissolved , besides how in incoherent is it , with that authority committed to them , for if the Parliament ( which are onely His great Councell ) offer him a Bill , which Hee is bound to agree , it was more then ever His Ancestors were ; and of their Counsellors , it must necessarily follow , they are His Commanders . We have a Maxime with the Subject , Modus & conventio vincunt legem . In former ages and ever since Parliaments were in use , Le Roy s'aviser a were sufficient authority to make a Bill of both Houses unwarrantable ; and how the King has lost that Right , or what new Laws are found out destructive to that Prerogative , I never yet read , nor ever shall , unlesse some such new Ordinance or bare Votes can pretend to such an un warranted power ( whereof there was never yet found a President ) which can have no other operation upon my understanding , then , That the Votes of the present Members which can at their pleasures dispose the undoubted Priviledges of the Crown ( by a Law recorded onely in their own breasts ) and given out to us under the guilded Title of the Peoples Libertie , when indeed they are but Golden Chains in stead of Bulrushes , and ( reserv'd till occasion shall make it too apparant ) may find out a Law of equal force to dispose the Crown , when they shall so far debilitate the Prince as he shall be no way able to make resistance ; nor when the supporters are not onely undermined but cleerly taken away ; by what reason can we imagine the Structure may continue 〈…〉 , that you may be sure we will not unjustly charge them be pleased to observe with me their Orders in these few instances . 1. Their countenancing these unwarranted Acts , either by a seditious huddle of indigent people , and so procuring Petitions to necessitate these premeditated proceedings , or levying an absolute War against the King ; securing us upon no other reasons then that they are the representative body of the Kingdome , and therefore our Obedience , rather to be expected , then our Reason satisfied , which indeed is true enough if they proceeded upon that warranted rule to which no man could refuse observance , or being entrusted by us with the power of preceding Parliaments ; that they would pursue points of so high concernment , with the same mature reasons and deliberation , as they have done and then they might well expect our readinesse to secure their actions : But suppose we elect one that should speak or endeavour to exact Treason , does our election bid as to secure him , or will future Parliaments blame us hereafter for giving up so great a Delinquent to the Iustice of the Laws ? dare we countenance their Intentions , who have fetcht Presidents from the weakest Princes , ( nay , and goe beyond them too ) is the disadvantage of as able a Prince as ever yet held the Sceptor , nay , and offer their suppositions to the Vulgar , If the Prince be a foole , a child , &c. ought he not to be governed by his Councell , though it be against his consent , if it stand with the publique benefit ? what Implication to make of this I understand not , but I am sure that it was none of our meaning when we gave our voice in the Election : Can an Ordinance of Parliament without the consent of the King renew a repeated Act , and with so bold a countenance trample upon the heels of that Parliament in Richard the seconds time , and this very repealed Act renewed this Parliament , be within one step of it , wherein the Parliament took the Crown and gave it to the then Earl of Bullingbrook , which was the reason of so much Blood in our Civill Wars , and was not well setled till of late yeeres ? And can we blame the King if He desires shelter from such a storme ? If it be their intentions , sure one Bullingbrook will not serve their turns , since there have been equall shares in this so great an adventure . And to vouch the Oath of this Vsurper H. 4. which came in at their benevolence to a Prince of an unquestionable Title , and never offered before or since to any English King that ever we read or heard of ( but with its limitations ) is so far from their Loyall pretences , that they are rather to be beleeved studyed mischiefs and endeavours , to embroyle the Kingdome in a Civill War . 2. To disingage all that would out of affection or love , interest themselves to secure the Kings Person , and Dignitie , ( it being too apparent to any ordinary understanding ) that such proceedings were never warranted by any presidents of preceding Parliaments , or those Laws they call Fundamentall in our Kingdome , they scandalize such with the name of Malignant Persons , whereby His Meniall Servants either absolutely refused , or durst not adventure His attendance , and countenance this medley in such a sense , that the King himselfe is perpetually traduced under this obstruse Dialect ; which though they dare not put down in plain English , for feare the most violent amongst them should be ashamed to owne it ; yet by such an implication , as the plainest capacitie cannot but blush , and with admiration wonder , whereto this may tend , I would fain be satisfied , what these might not do , when they had once mastered these their malignants : For if you will give us as much reason as the Ants , you must beleeve a Winter may come , as well as think a Summer is come : durst any man then oppose their proceedings , when they have reduced all to their owne Termes , doe you not speak your selves the very Law , and we as we ought to yeeld no appeale from Parliament , being the highest Court in the Kingdome ; yet in this sense as the King is a part of it ( for otherwise I understand not by what right ) it hath the preheminence of those they call the Kings Courts , being both conveened by the same Royall Authority . 3. The discountenancing any Petitions whatsoever ( wherein we desire to interpose our advice for accommodation or otherwise ) though never so agreeing with our Laws , unlesse they stand with the sence of their party , as if all our Wisedom were shut up in so narrow limits , and these the only men in England iafallible : yet give me leave to aver , that to the number of almost two hundred approved able men , whose warranted judgement and sufficiencies were the onely inducement of their Countries Election , have been faine to sit still , and see things carryed in this disorderly confusion , ( peremptorily against their earnest endeavours ) and have not been so much as askt their opinions in matters of greatest concernment ; but being unwilling to expose their Consciences to so high a Guilt , have with drawn themselves as unusefull Members of such a Body . 4. To insinuate a beliefe of their care to the Vulgar , They have perpetually surmised terrible jealousies , which have produced no other effect , then a desired suspition of the King , yet these offered upon most improbable conjecturs , as every private Letter is sufficient grounds to piece up their designes , or by such persons whose private discontents , lead them to offer these high indignities to that sacred person , they were never worthy to serve in the meanest office ; and though there lives were so notorious for their formes extravagancies , they have by these superfluous invectives found countenance , till presuming upon their merits , which were none except to abuse the King , can be called desert ; that they have been given up to rapine , or some such damnable sin , that nature would never have pardoned , if we had had no Law ; Yet these Mens informations , sufficient grounds to traduce the King , these Letters most necessary Animaduersions to leavie Forces , to maintain the Kings Forts , Towns , aed Magazines against him , I , and in his own name to , as if they could derive that authority from him , that has no power ( according to your Ordinance ) to leavie them in his own defence , though his person is in never so apparant imminent danger ; yet they for his good , and the good of the Kingdome , can pretend to this power , and beyond , yet that all is not of that infallibility , let Mr. Pims Letter from Sir Iohn Hotham witnesse with me . I have committed these few Observations , to the view of the Publique , finding so many bold Pamphlets ( with so high impudence ) fly at the face of Majesty unreproved , and every corner stinks of this unclean Doctrin : yet since it is come to this height , that we must declare our selves , or lose our King , : wherein my purpose failes , my Life shall make good to my last Breath ; but if Religion , Reason , and Law had not warranted so Iust a cause , I should never have adventured to cleare a Glasse to so foule a countenance : yet before I conclude , let me propose one Question in Religion : Whether the Church was not in its purity in the Primitive times ; the world agrees they had in those Dayes a King that was no Christian ? Whether Christ had not more power ( then ever any can or dare pretend to since ) to eclipse that Regall Dignity , if it had been distructive to the Church ? yet He refused the lowest office of a Magistrate , But gave to Caesar the things that were His , for when the yong Man came to Him and said , Lord command my Brother that he devide the Inheritance with me , He Replies , who made me a Ruler or a Iudge amongst You ? But now , That we having a Christian King , professing by his unblemisht Life , the same way to salvation with us , protesting to conserve our Liberties with his Life , to make such an apparant difference , which may be the occasion of the effusion of so much Christion Blood , upon meere Iealousies , will be the most unheard of disloyalty that can be committed to future Ages .