A LETTER TO A friend, showing, The illegal proceedings of the two Houses of PARLIAMENT: And observing GOD's averseness to their Actions.  
Which caused the authors return to the KING and His allegiance.  
LONDON, Printed in the year M. DC. XLV.   

A Letter to a friend, showing the illegal proceedings of the Two Houses of PARLIAMENT.  
x,  
YOu know how earnestly, and with what charge I opposed the illegal demands of Ship money and loans, how I hated Court Monopolies, and arbitrary Justice in the Star-chamber, council Table, and marshal's Court, how I abhorred the exorbitance of the High Commission; all which the King readily rectified in the beginning of this Parliament.  
You know with what cheerfulness I tendered my purse (my person being unserviceable) for the Reformation of Religion, the suppressing Popery, the establishment of our liberties and properties, the removing of evil Counsellors, the reducing the King to his great counsel the Parliament, and the uniting of the Sister Countries in a Brotherly Union.  
You remember how willingly we declared and protested, that for the safety of the King's person, the defence of the Houses of Parliament, the Protestant Religion established, the laws, Liberty, and Peace of the kingdom, we would live and die with the Earl of Essex. And this being first commanded by the houses of Parliament, then seconded by the Pulpit, carried the face of Law and the voice of Religion, so that with us was all Israel from Dan to Beersheba.  
We possessed all the walled Cities, while the King like David in the mountains had not a town to retreat to. We had thousands of the choice men strongly armed, while the King had only a handful of out lawed Cavaliers (as we call them) and them naked, not a musket, scarce a sword among them. We had all the crown revenue, all the City plate to bodkins and thimbles, even talents of gold and silver, and the King scarce enough to buy his dinner. Our magazines swelled with arms, Ordnance, and Ammunition of all sorts; while the King (the Houses having seized his,) wanted all. And lest he should have supplies from beyond-Sea, we possessed all his navy, all his Port-Townes, and left him not a cockboat, not a Haven. And better than all these, we had the advantage of a just Cause, fighting for God, and reformation of Religion (as our Preachers taught us) for the defence of the King's Person, our laws, the properties and liberties (as the two Houses told us) of Subjects, and these backed with the pious fasts and humiliations of Sanctified Congregations, with humble and earnest prayers for success.  
And could so just a Cause, so piously managed, by such religious Patriots, can such miscarry or want success? Especially, while on the other-side the King's small Army was unarmed, Idolatrous and Popish Cavaliers, their Cause justifying of Idolatry, Popery, Superstition, maintenance of Bishops, Rebellion against the Parliament, and Subversion of the fundamental laws; their prayers (if any) for success but supplications out of a Popish Liturgy. And what can such Armies, such Persons, such a Cause, such Prayers expect but destruction?  
Thus both Pulpit and Parliament misled me, until of late I considered the success of both sides, and do you weigh them indifferently, and then tell me where we can boast a Victory? For if we consider the battles we most brag of, those at Keinton, Alresford, Lansdowne, York, Newbury, we shall find the success such, as if heaven rather intended both sides vanquished, than us Victors.  
On the other side examine the Actions at Runawaydowne, Newbury, Newarke, Cropready, Lestishiell, Pontfract, and elsewhere, weigh the disproportions and disadvantages the King's Armies fought with, and then view their success, and you will find it so far beyond the expectation of reason, as it is scarce within the reach of our belief. Inquire what plenty of Men, arms, Ordinance, great towns and strong Holds the King now hath, and so many have we lost. Consider how many thousands of men, how many armies my Lord of Essex, my Lord of Manchester, and Sir William Waller have lost, how much treasure they have exhausted, how our navy is decayed, how many of our ships and men drowned, while we had no enemy at Sea but heaven? Nay how many of our Ships with their lading have the winds (siding against us) carried in to the King's aid, and our destruction? And can these argue less than God's displeasure against our proceedings?  
These ill successes made me look back upon our State Actors, that sit at the helm and direct all things, and among them even those that were best reputed of, for Reformation and integrity to the commonwealth: as Master Hampden, that first raised arms against the King, when (as we thought) out of danger, you shall find him shot in Chalgrove field where the year before he had first taken up his arms. You may see Patriot Pym, whom the people for his Speech applaud like Herod, like Herod eaten up of Lice, The Lord Brooke (armed as Death could not enter him, and at a distance danger could not reach) breathing out threats against the Church, is before the Church with a single bullet shot in the eye. My Lord Say (whom heaven cannot hurt, if the plot hold,) hath one son scorned for being a Coward in so good a bad Cause, his other son condemned to be hanged for being honester than his Father in delivering Bristol. Sir John Hotham and his son, whom the Houses justified for treason against the King, the Houses (to maintain their privilege) execute first the son, than the Father by a Court of war for thinking to be honest. And as if the same method were to be observed for the whole House, they are hanging young Waineman to come to my Lord his Father. The Earl of Essex whom the first year they salute with hosannas, pass votes for his thanks and trophies; but now decry, and as much as they dare scorn and neglect him. Warwick & Manchester, (like Tinker Fox, and ragman Phips) must now be squeezed (as oranges) to make sauce for the Juncto palates, they are rich. Others there be deserve observation. While I contemplated these great active men and their misfortunes, I could not think them less than farthing sparrows, which fall not without the Divine Providence, & therefore strictly examined our Cause by the rules of Law and gospel, and in a matter of this consequence I have taken the best opinions both of Divines and Lawyers, and of both the most moderate, yet such as were rather engaged on ours, then on the King's side.  
All the Divines agree, our Kings to have their power from God, and therefore Saint Peter commands obedience to Kings as to the supreme; Saint Paul to the higher powers for there is no power but from God, and therefore (saith he) pay ye tribute. And they observe that these commands were to Christians; the obedience commanded to be given to Pagans, to heathenish Kings, as the Romans, those of Pontus, Asia, Bythinia, &c. The Divines observe that Saint Peter's Epistle was to Strangers in Pontus, Galatia, &c. not natives, they tied only by a local allegiance, we by a local, by a native, by a sworn allegiance; they to a heathenish, we to our anointed Christian King.  
All Divines agree Christ would not have his Church his gospel planted by any blood, but his own, and therefore would not suffer Saint Peter to strike, to rescue him his King, his God. Christ then will not that his vine should be dressed, his Church reformed with the blood of Christians. Yet now our reformed Religion permits Subjects (Jesuit-like) to fight against their King, for the propagation of the gospel. And that all things be done (as the Apostle directs) decently and in order, they have suppressed all Church-Government, and left almost every man to be his own Bishop, and if he will his own priest. The book of Common Prayer composed by all the Clergy of England, and they legally called, confirmed and sealed by their blood, and commanded by several Parliaments for these 100 years, yet now on a sudden voted down as Popish. But not one particular exception to any onething in the Liturgy.  
But a set form of Prayer is a binding of the Spirit, and therefore our new Directory ties not the Spirit to words (for the cloven tongues speak all languages) but the Assembly of Godly Divines, prescribes only the matter or effect of their prayer, lest the spirit being at too much liberty should pray against the Close Committee and their proceedings.  
The ten commandments and Commination (as restraining our Christian Liberty and Judaical;) the Creed (not yet rectified according to the sense of the house) as erroneous; the Epistles and gospels (fitted to the Celebration of their several days) as Popish, according to the Discipline of the kirk of Scotland, are all excommunicated. So that Now in our new Reformed Church we have neither good Commanded, nor evil prohibited, no faith confessed, nor good example to imitate.  
The Reading psalms had been totally banished the Church, because written by a King; but in respect David was a Prophet too they are left to the wisdom of the Minister, to read if he will. But the better metre of Hopkins and Sternhold, because composed by Commoners, are commanded to be sung, to waken the sleepy devotion of the otherwise mute Congregation. I pray thee pardon me, that I a little sport with our misery; but 'tis in private, and only to thee.  
All the Lawyers I have spoken with (except Corbet and Master Prideaux) unanimously agree that all Ordinances made by one or both Houses of Parliament without the King's assent are (like man without the breath of life) handsome models, but useless: and that all things done or acted by colour or direction of those Ordinances are illegal and invalid, and that there is neither precedent to warrant, nor reason to maintain them.  
And that both our ancient and modern laws were made by the King, but advised and consented to by both Houses, all which appears clearly in the penning of our Ordinances and Acts of Parliament, even from H. 3. until within these two years; for they run thus: The King at the instance of his great men provided and ordained that, &c. And that manner of penning held until R. 2. and then The King by assent of the Lords, and at the request of the Commons ordains and establisheth, &c. And all the following Parliaments, even this present in the Act for the triennial Parliament uses the same words, Be it enacted by the King, with the consent of the Lords and Commons. So that in all ages the King made the law, the Lords and Commons do but advise and consent thereunto, and custom (that is, a great part of our law) will not that any old law be abrogated, or a new law made, but by the King with the Consent of the two Houses; and they are all confident that Master Pryn cannot show any one Ordinance made without the King's assent, nor any one book or any ancient opinion that they might; nay the very practice of the Houses is against it; insomuch as nothing is of record with them but what hath life by the King's assent. So as if a Bill hath passed in both Houses, yet that if the Sessions of Parliament end before the King's assent had to that Bill, the next Sessions the same Bill must be as at first thrice read in both Houses; and again, have all the formalities and circumstances as it had the first Sessions; for they cannot this Sessions take notice of their own Actionsin that before.  
The Knights, Citizens, and Burgesses, are but attorneys or Deputies for their several Counties, Cities, and Boroughs, and therefore they cannot (as Barons which sit in their own right) make a Deputy or party to consent or act for them: because by law an attorney cannot make an attorney, & assign the power and trust to another which is reposed in himself, and therefore cannot make Committees in several Counties to raise arms, to commit their fellow Subjects, &c. Nor can attorneys exceed or alter the power given them by their deputation or letter of attorney, but must follow that. And what the power and authority given them is appears in their Indenture between the sheriff and those that elect them: which is but according as the King's writ requires, & not power to do what they list, as appears by Crompt. Juris. fol. 2.  
The constant practice and course of Courts best shows the power and jurisdiction of the Court, (say the Lawyers) and they aver that there is not any one Ordinance of Parliament to be found made by the Lords and Commons without the King's assent. And surely had the two Houses such power, the Parliament of Edw. 2. Rich. 2. and Hen. 6. so bitter against the King, would have found both the precedent, and made use of the power.  
Let these therefore that are so ready to raise arms without the King's assent, nay contrary to His Command, nay even against His Person, let them consider, that in Rich. 2. where his Barons of Parliament and others by colour and in pursuance of an Ordinance of Parliament, whereby Hugh De le Spencer's were banished and to be proceeded against as enemies to the King and kingdom in case they did return; The son returning to the King, the Barons and others pretending that the De le Spencers could not be legally attainted by process of law, because they (the De le Spencers) had usurped the royal power, and therefore in case of necessity (for so is the book of old Mag. Char. fol. 54.) mutually bound themselves by oath, (as we by our Protestations) and with arms and banners displayed pursue the De le Spencer's, and kill and imprison divers of the King's Subjects, and take their towns, Castles, Houses, &c. and all without the King's assent, (as ours do) for which they were glad to take a pardon, (as ours would be of an act of oblivion the Scotch word for a general pardon) for that oath, their arms, &c.  
Touching the opinion raised this Parliament, that the two Houses are above the King, and therefore the King ought and must pass such Bills, such Acts as they resolve and offer to Him.  
That (say the Lawyers) is totally false and against all reason, law, and practice in all ages. And in considering thereof they have not been led by the Pamphlets published this Parliament on either side, because such (like Schoole-Disputants) rather endeavour to maintain their Position and side, then to discover truth: therefore the Lawyers grounded their judgement upon books formerly written, upon precedents of moderate times, when the King's Prerogative and Subjects Liberty both knew and kept their proper bounds.  
The Parliament (say they) of the 24 Hen. 8. cap. 12. Declares, That the realm of England is an Empire governed by one supreme Head and King, having the Dignity and estate of the imperial crown, unto whom a body politic compact of all sorts and degrees of people by the name of the Spiritualty and Temporalty been bound, and owe next to God a natural and humble obedience, being by God's goodness endued with plenary whole and entire power, authority and jurisdiction within His realm.  
This body politic no doubt is the two Houses of Parliament, and doubtless then the two Houses owe this natural and humble obedience; and then sure if the Servant be not greater than his Master to whom he owes his obedience, the Creature than his creator, than the two Houses that (as appears by their own act for the continuance of this Parliament) are called by the King, and by Him dissolve able, are not above the King, that is their breath and gives life to all their Actions.  
And if the King be by God endued with plenary power, entire authority and Jurisdiction. Consider from whom can the two Houses have their power, their authority, and Jurisdiction to be above that given by God.  
In Caudries case in the 5 Report. fol. 10. the King is said to be the Vicar of the Highest King, ordained to govern and rule the kingdom and people.  
The Parliament in the 25 Hen. 8. acknowledged the Jurisdiction of Kings to be immediately from God.  
The Statute of the 26 of Hen. 8. cap. 1. declares the King to be the only supreme Head in Earth under God of the Church of England, and that he hath Power to redress and reform all Errors and abuses in the Church.  
In the 26 Hen. 8. cap. 3. the Parliament declares, that the King is the only supreme Head under God of the Church of England, having the whole Governance, tuition and defence thereof, and of His Subjects.  
And consonant to that is our Statute, 1 Eliz. and in our Oath of allegiance, (ordained by Act of Parliament) we and especially the Members of the House of Commons acknowledge and swear, That the King's highness is the only supreme governor of the realm, both in ecclesiastical and temporal causes. And our Lawyers say, that the King being the supreme governor cannot have any governor natural or politic, (as the two Houses) above him; and as he is the only supreme governor must needs be above all other governors either natural or politic.  
By the same Oath we swear allegiance to Him and His heirs and successors, which must needs be to his natural capacity, for his politic cannot have heirs. And in the case of the duchy of Lancaster, ploughed. 213. It is resolved that the body politic of the King cannot be severed from his natural body. And then it is ridiculous to think, much more to say, that the politic capacity of the King is included in the two Houses of Parliament, when his natural is absent and dissenting to what they do.  
If the two Houses could make a Law or Ordinance to bind the Subject without the King's assent, why should not all the bills that passed both Houses but had not the King's assent, why should not they be good and valid, and bind the subjects' they had the Votes of both Houses when full and entire, they had more consideration, more circumstance, all necessaries (but the King's assent) to the making of a law; yet these bills in all ages have been held nought and invalid. And shall the votes of the two Houses uponmotion of a worthy Member (though not a 5th part of either House be present) and without the King's assent, shall they make a good Ordinance to repeal five Statutes in the reigns of Edw. 6. and Queen Eliz. as in the Ordinance for the Directory, and the book of Common Prayer: all which have stood unquestioned these 100 years, and in which time we have had 20 Parliaments, in which our now parliament-men's Fathers and grandfathers were Members, and (I believe) as wise, as honest, and as Religious, as their sons and grandchildren, and they approved, they practised and followed that Liturgy.  
The Parliament 1 Jacob. cap. 1. prays the King's royal assent to a Bill, without which nothing (say they) can be complete and perfect, nor remain to posserity. And cowel (who writ about 40 years since) speaking of the regality of the King, comprised under the title of Prerogative, There is not one (faith he) that belonged to the most absolute Prince in the world, which doth not also belong to our King, only by the custom of this kingdom he maketh no laws without the consent of the three Estates, [Lords spiritual, Lords temporal, and the Commons] though HE MAY QUASH ANY law CONCLUDED BY THEM. Then how shall the Votes and Ordinances of a small part of the House be good, when against Magn. Char. against the Petition of Right, against our Allegiance and Protestation? Yet must we venture our lives to murder our brothers, and fellow Subjects, or they us, or both, to maintain what they vote, though against Law, contrary to the gospel, and without Precedent. But the two Houses do but endeavour to take the King from His evil counsellors, to bring him to his Parliament, where he ought to be present & resident, or else they may force him, yea eradicate three ears of wheat to destroy one of tares.  
For that (say the Lawyers) there is no precedent, no book unless writ within these two years. But Master Hooker, alias vowel, (who writ about the beginning of Queen Elizab. & is much quoted by Master Pryn) writing the manner of holdings of Parliaments (as we may see in Hollinshead, 2 part. fol. 121.) saith, that the King is God's Anointed, his Deputy and Vicar on earth, the Head of his realm, the chiefest Ruler, on whom wholly and only depends the Government of the Estates of the realm. That the King ought to be personally present in Parliament three days in every Parliament; first, on the day of appearance, secondly, on the day when the Speaker of the House of Commons is presented; the third, when the Parliament is prorogued. And for other days (saith the book) he is at his choice, to come or not to come.  
And it appears by the Statute of 33 Hen. 8. cap. 21. That if the King be absent from the Parliament, he might always give his royal assent by Commission under the Great seal, and by that it seems he had liberty to be absent if he would.  
When Rich. 2. refused to come to his Parliament, the Lords (that threatened to depose him) only averred, that by an old Ordinance of Parliament if the King absented himself forty days, than they might every man return quietly to his own house, and that they would do so if he came not; but they pretend no law to raise arms, to compel the King to come. And surely had there been any colour to justify it they would not have omitted it, and if there had been any law or precedent (though by Popish Parliaments) since Ric. 2. time to raise arms or make laws without the King's assent, Master Prynn's zeal to the Cause and hatred to the King would have found it before now.  
Since therefore that the two Houses cannot without the King's assent make a new nor abrogate an old law, cannot without the King's assent raise arms to execute a person condemned by Parliament with the King's assent (as in Hu. De le Spencer's case) but they must have a pardon for it. In what case are we, that have without the King's assent, nay contrary to his express Command, contrary to Mag. Char. contrary to our Petition of Right, 30 Car. by arms taken the 20th part of every man's estate, imprisoned their persons, imposed new loans, and new impositions, hanged citizens and Gownemen, contrary to the privileges of Parliament, executed even Members of the Parliament by martial law, and at the Parliament door, while the Houses of Parliament were sitting, the King's Bench (as we pretend) open at Westminster, the gaol-delivery for London and Middlesex in the Old bailey? Nay contrary to our Petition of Right, & our Statute made this Parliament, have we not in the King's name because we could not in our own, pressed our fellow Subjects, and by arms compelled them to fight? Contrary to their sworn allegiance and vowed Protestation, which is to maintain the reformed Protestant Religion, expressed in the Doctrine of the Church of England; Yet we fight to turn out the Liturgy, and prayers ordained by the whole Church of England, and which we have long known to make room for the extemporary and unknown prayer of a single man, and him often unlearned, sometimes debauched, and this according to the kirk of Scotland, not of England: to defend the King's royal Person, His Honour, His Estate; yet we justify them that fight against him, that permit nay licence libellous Pamphlets against him and his honour, that rob his Exchequer by receiving and keeping from him his revenue: to maintain the privileges of Parliament; yet hale the Members to prison, nay to execution by martial Law: to maintain the lawful Rights and Liberties of the Subject, yet fight to have our Estates, Liberties, and Lives taken away by Votes, Ordinances, and martial law, and against the King's command. We have protested to preserve the peace of England, Scotland, and Ireland, yet fight here among ourselves to annihilate and break the Cessation of arms and the peace there, and send for the Scots hither to rob, murder, and (if God be not better to us than we to ourselves) utterly subdue and enslave us, to set up and enrich themselves.  
By what law can the Scots prescribe us a Church government? by what law have they (our Homagers) a voice in the settling of our Militia, and the laws of our Nation?  
To conclude, we fight to save a few close-Committee men, our state-actors that have persuaded and voted us, and enforced the poor common soldiers to commit rapine, bloodshed, sacrilege, and Rebellion, to protect them, who with Shimei, reviled and flung stones and dust at David by their Declarations and Pamphlets, who by their Remonstrances and Votes endeavoured to discover with Cham the nakedness of their father, who following the Counsel of Achitophel, have in the sight of all Israel lain with David's Concubines, by usurping his Authority and royal power. We fight to secure them, whom an act of oblivion cannot, and therefore must have the Militia at their sole dispose, that the swords, and lives of the poor soldiers may protect, whom the law cannot justify. We fight to make London an Independent City, to make the Maior Aldermen and common-council a third House of Parliament, and give them the Tower of London, with the Militia of the City and Suburbs, lest the King being but God's Vicar on earth their only supreme governor and sovereign Lord, as several Acts of Parliaments have declared, lest he should rebel against them his native, his local and his sworn Subjects. We fight to abolish the ten commandments, the Creed, the Epistles and gospels, because not consistent with the Scots presbyterial Discipline. What one act of Charity or Mercy have these reformers of Religion done? Where have they offered to the King to part with any thing of any pretended right, liberty, or privilege, to settle a peace in this Church and commonwealth? Nay which of these is not greater in estate and wealth, in power and authority, than he was before the Civil war began, or shall be after the war ended?  
Have not the Earls of Warwick, Manchester, and others that you know much enriched themselves and friends by the harvest of this war? Have not their chaplains Burges, Sedgewicke, Case, peter's, and others treble revenues and incomes, to preach Doctrines answerable to the occasion of raising money, men, or arms, or crying no Treaty, no Peace? Doctrines suitable to their Church and practice, that have in cold blood murdered many poor Protestant English-Irish, for being on the King's side.  
While on the other part the King not delighting in blood, hath pardoned divers whom the law condemned, nay he hath proclaimed pardon to all that would take it, and to purchase Peace, he hath offered to part with his right, to divide his Militia, putting it into the power of twenty men, whereof he to name ten, and the two houses ten Commissioners. He desires and offers that Popery may be suppressed according to Law, and not Papists murdered because Irish. He is willing that both Church and Common wealth should be rectified according to law, and according to law he offers to have all persons to be tried by law. He commiserating his oppressed Subjects the distracted Church and ruined commonwealth, hath offered and desired a Cessation from arms, but cannot obtain it; and then shall we not believe him the true father that would save the child? God would not have his Temple built by a man of blood, though even David; nor would Christ have his Church reformed with the blood of Christians. The King of peace cannot delight in war.  
Upon these Considerations, x, I am resolved to leave their party that have misled me and my poor countrymen to our ruin; and I will now lay hold of the King's mercy and pardon offered by his Proclamation, and by a hearty repentance I hope to expiate the blood, the treason, and sacrilege, I have countenanced by my former opinions, and supported by my purse and persuasions. And I do heartily wish, that my poor countrymen and Neighbours that by an illegal press are forced from their Wives and Children, from their parents and friends, to fight against the English Protestant Religion and Liturgy, to set up a Scotch Directory against their King, to pay a tribute to their fellow Subjects, against their Protestation to protect such as have seduced and deceived them and their nations, that have raised this unnatural war upon pretences, fears and jealousies, and by the murder of many thousand English Christians keep themselves from a legal trial, that they may still sit quietly voting at Westminster, and eat the fat of the land.  
x, I do heartily wish that both you and the rest of my poor countrymen would consider and weigh these things, and that God would give you relenting hearts truly penitent for these horrid sins, and then I would not doubt but you and they would end this war (for 'tis in your powers) by returning to the English Protestant Religion and Liturgy, to your sworn allegiance to your Anointed King, and then to your own vines and fig-trees. And no doubt but both you and they shall receive from God and the King the blessings due to the blessed peacemakers: which is heartily prayed for by him that will lead you the way,  
Fleetstreet May 15. 1645. A. C.  
FINIS.