A VINDICATION OF THE KING, WITH Some OBSERVATIONS upon the TWO HOUSES: By a true Son of the Church of England, and a lover of his Country's Liberty. Together with the Resolution of Wiltshire, and the Petition of the Gentlemen of the four Inns of Court, in behalf of all the true Protestants in England, etc. ALSO His Majesty's Letter to both Houses of PARLIAMENT the 20th of January. Printed for WILLIAM WEBB, An. Dom. 1642. A Vindication of the KING, with some Observations upon the two HOUSES, by a true Son of the Church of England, and a Lover of his Country's Liberty. READER, I Shall not be curious to satisfy the Reason of any prepossessed opinion, yet since the Times hath given an open Press to clear every imagination which is not stifled in this Damp. I have endeavoured to contract my own Meditations in a narrow room, and rather expose them to the censure of the most judicious, then rest satisfied alone, and admit this cloudy surface to overwhelm so vast a body. I confess it was no mean part of my happiness in our dangerous extremes, to hope for a happy Union by that sovereign medicine of a fading State, a Parliament; and knowing the admirable affection of our gracious Sovereign to the peace and quiet of the Kingdoms, though it was His unspeakable misfortune, never to know the misery of the people, till their discontents were grown to that head, they became almost (if not altogether) uncurable, by those unreasonable and illegal Monopolies, exacted by some illaffected agents, conducing little to his advantage; but to the furthering of their ambition, who notwithstanding could as easily desert him in his misery, as before be the ready Instruments to importune him to this mischief, upon pretence of a Legal Authority: which who knows not a Prince may be soon mistaken in, since none can be so as to believe 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 axiom than the Poets, Incidit in Scyllam cupiens vitare Carybdi●n. But if you please to take the true state of the business, let your impartial Judgement confer with your Reason upon these few notorious truths. What has the King denied which concern our Liberty, and are the undoubted securities of our happiness under the Regiment of a just and unquestionable Monarchy? Are not our Rights and Properties already established this Parliament by such Acts of Grace, as could never find Precedents from His Ancestors? besides the utter extirpation of Ship-money, Monopolies, upon what pretence soever those Arbitrary Courts of Justice, High-Commission, Star-chamber, Marshalseas, etc. Has He not importuned the settling of Religion in its purity, and that there might be a Law to secure the tender consciences of those who will not agree to the Ceremonies? Are not the taking away these sufficient ground to dissolve our Jealousies, if ever we meant to be satisfied? As for their fears, I wish we 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 an hazard on His part, to adventure what our consciences enforce us to make good for Him on our part; & the conservation of these are so attested by Him (in the word of a King) with such unusual expressions, that if they came from a Stranger, (I suspected not an Infidel) I was bound to believe in charity? Witness those serious asseverations, God so deal with Me and my Children, as I intent to conserve my Parliament in its Privileges, the Rights of the Subjects, and the true professed 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 seem impossible, without 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 denied 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 needs agree that there being nothing so clear, why should any subtle pretences hinder our desired accommodation, unless there be such that intent the alteration of our Government? and how inconsistent that may prove to a People already managed under the united Order of a virtuous King, daily experience offers it too easy of conjecture. Yet for our better satisfaction, let's weigh the amends we are like to make ourselves from these few inconveniences, amongst the thousands which daily expose themselves to our view. 1. The unlimited power of the two Houses hath already assumed into their own hands a formal 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 called Treason in one of their Members for this comparison, though with that cautious proviso, 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 precedent 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 fundamental Laws of our Kingdom (wherein our Liberty consists) I would feign be satisfied what it is: for 'tis most apparent to whosoever examines their ordinary proceed, we have no Law left but what serves their turn; and if that be defective to punish those they please to call Delinquents, their Legislative 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 limited it to a certain time, wherein they might have completely qualified the disquiet countenance of a troubled Estate; or since have endeavoured some Remonstrance for our satisfaction in that particular: For I would feign be answered, First, if they sit while they list, and pass what they list, whether they have not (dureing their pleasure) subverted our Monarchy by their Democracy, and invested themselves with a power more Arbitrary than the Monarchical Government could pretend to; that having his Limitations and Rules of Law, which the Judges are to answer (if they mistake) or those that advise the King: their Democracy having no bounds, being but a thing of yesterday, and which as yet we cannot understand, assuming to themselves the sole power to judge of our dangers, and to propose such remedy as may answer their pretences. 3. How every conscientious man can dispense with that sacred Oath of Allegiance, wherein he calls God to witness for the vindication of his Princes just Prerogative, and their Protestation to maintain an absolute and unlimited power in the two Houses, wrested to those Ordinances expressly inhibited by His Majesty's special commands: in my understanding it is to no other purpose then to lead us into a Maze, where, when we are lost by our misunderstanding (which must necessarily be the principal of our subversion,) They will offer us a Clue, shall either lead us to their premeditated designs, whereby of necessity they will become our Masters; or to an inevitable ruin, before we know the reason of our Fears and Jealousies, being the old rule they so often enveighed against: First, to trouble the State, then to subvert the Government. Let it not be objected now, That I am against Parliaments, for (God knows) 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 subject still, liable to the Regiment of those Laws which shall be enacted by them; wherein they will have a care of securing their own estates for the future, as well as ours, which was certainly 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 only are invested with an absolute power, but are able to make themselves amends at leisure for those moneys exhausted out of their estates, while we groan under the insupportable burden of their (as they call them) Legal Taxes; and thus they may well be careless what Laws are past, never intending to be observers, but Lords of what they make. 3. Who are these pretended Reformers of the Commonwealth, 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 divest so Religious and Just a Prince of his unquestionable Rights and Prerogatives, and confer such an unlimited power so readily upon them, if we return to our former senses, renders me amazed; 'tis not amiss to ruminate some words His Majesty used in His own vindication at Newmarket: My Lords, lay your hands on your hearts, who were the contrivers of these illegal Taxes, wherewith you have so incensed my people? to whose advantage were these impositions levied? are my Exchequers at all larger, or did they not rather conduce to your peculiar benefit? who were the only persuaders of them, that you have now repaid me with condign thanks? Those Favourites being content to be the causers, though not companions of their Prince's misfortunes, being like Crows upon a carcase, 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 politic, not public service? and had you not in so exact a course served your turns of these loyal pretenders, they had been as liable 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 proceed, as they would have you so believed, if they had impartially distributed Justice amongst the then Malignant party: But now that we should be so stupid as to be circumvented with any pretences whatsoever, which outstrip the Essential rules of Government or Reason, and confide in the positive Vote of an ambitious party, for aught we know, would admit my persuader to be a mad man that could allow that in his opinion. But make them what you will, suppose them to be the most real and upright men in their lives and consciences in the whole world, They are but the Counsel of the King and Kingdom, not their Commanders; for the health of our State is admirably balanced, if that have but its due proportion: The Parliament consisting of three bodies, the King, the Lords and Commons; so that if two should be destructive, and the third remain sound, during those Laws already in force, there can be no danger to our Kingdom; but if either of the two can pass at their pleasure what they will, the third must then of necessity stand for a cipher, for consenting or disagreeing is then of equal value, and in my opinion it's a precedent of too great an adventure; for suppose the King and the major part of the Lords should agree an Ordinance or Law, we should think it extremely prejudicial to the Liberty of the Subject, our Commons should be concluded peremptorily against their consents. I heard an Act not long since vouched in precedent, that had been ratified against the consent of the Lords Spiritual, where they declared nec possumus, nee volumus consentire; and this so rare we could not find a second. At the Parliament at Oxford in 17. H. 3. when the Lords were not there present, they were feign 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 less conclude. The King, who is not only the supreme head, but the very soul, whose power gives life to their actions, when their body is once dissolved; besides, how incoherent is it with that authority committed to them? for if the Parliament (which are only his great Council) offer him a Bill, which He is bound to agree unto, it was more than ever His Ancestors were; and of his Counsellors, it must necessarily follow they are His Commanders. We have a Maxim with the Subject, Modu● & conventio vincunt legem: In former ages, and ever since Parliaments were in use, Le Roy s●avisera were sufficient authority to make a Bill of both Houses unwarrantable; and how the King hath lost that Right, or what new Laws are found out destructive to that Prerogative, I never yet read, nor ever shall, unless some such new Ordinance or bare Votes can pretend to such an unwarranted power, (whereof there was never yet found a Precedent) 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 Privileges of the Crown (by a Law recorded only in their own breasts) and giving out to us, under the guilded Title of the People's Liberty, when indeed they are but Golden Chains instead of Bulrushes, and (reserved till occasion shall make it too apparent) may find out a Law of equal force to dispose the Crown, when they shall so fare debilitate the Prince, as he shall be no way able to make resistance; for when the supporters are not only undermined, but clearly taken away, by what reason can we imagine the Structure may continue firm? 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 proceed, or levying an absolute War against the King; securing us upon no other reasons then that they are the representative body of the Kingdom, and therefore our Obedience rather to be expected, than 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 deliberations, as they have done, and then they might well expect our readiness to secure their actions. But suppose we elect one that should speak or endeavour to enact Treason, does our election bid us to secure him, or will future Parliaments blame us hereafter for giving up so great a Delinquent to the justice of the Laws? dare we countenance their Intentions, who have fetched Precedents from the weakest Princes, (nay, and go beyond them too) to the disadvantage of as able a Prince as ever yet held the Sceptre; nay, and offer their suppositions to the Vulgar, If the Prince be a fool, a child, etc. ought he not to be governed by his Council, though it be against his consent, if it stand with the public 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 repealed 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 Bullingbrooke; which was the reason of so much blood in our Civil wars, and was not well settled till of late years? And can we blame the King if He desire shelter from such a storm: If it be their intentions, sure one Bullingbrooke will not serve their turns, since there hath been equal shares in this so great an adventure. And to vouch the Oath of this Usurper 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 loyal pretences, that they are rather to be believed studied mischiefs, and endeavours, to embroil the Kingdom in a Civil War. 2. To disengage all that would out of affection, or ●ove, interest themselves to secure the King's Person and Dignity (it being too apparent to any ordinary understanding) that such proceed were never warranted by any precidents of preceding Parliaments, or those Laws they call fundamental in our Kingdom, they scandalise such with the name of malignant Persons, whereby His Menial Servants, either absolutely refused, or durst not adventure His attendance, and countenance this medley in such a sense, that the King Himself is perpetually traduced under this obstruse Dialect; which though they dare not put down in plain English, for fear the most violent amongst them should be ashamed to own it: yet by such an implication, as the plainest capacity cannot but blush, and with admiration wonder, whereto this may tend, I would feign 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 Aunts, you must believe a Winter may come, as well as think a Summer is come: durst any man then oppose their proceed, when they have reduced all to their own Terms; do you not speak yourselves the very Law, and we as we ought to yield no appeal from Parliament, being the highest Court in the Kingdom; yet in this sense as the King is a part of it, (for otherwise I understand not by what right) it has the pre-eminence of those they call the King's Courts, being both conveened by the same Royal 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, unless they stand with the sense of their party, as if all our Wisdom were shut up in so narrow limits, and these the only men in England infallible: yet give me leave to aver, That to the number of almost two hundred approved able men, whose warranted judgement and sufficiencies were the only inducement of their Country's Election, have been feign to sit still, and see things carried in this disorderly confusion, (peremptorily against their earnest endeavours) and have not been so much as asked their opinions in matters of greatest concernment; but being unwilling to expose their Consciences to so high a Gild, have withdrawn themselves as unuseful Members of such a Body. 3. To insinuate a belief of their care to the Vulgar, They have perpetually surmised terrible Jealousies, which have produced no other effect then a desired suspicion of the King; yet these offered upon most improbable conjectures, as every private Letter is sufficient grounds to piece up their designs, 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 their Lives were so notorious for their former 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 men's informations, sufficient ground to traduce the King, these Letters most necessary Animadversions to levy Forces, to maintain the King's Forts, Towns, & Magazines against Him; I, & in His own name too, as if they could derive that authority from Him, that has no power (according to your Ordinance) to leavy them in His own Defence, though His Person is in never so apparent imminent danger; yet they for His good, and the good of the Kingdom, can pretend to this power, and beyond: yet that all is not of that infallibility, let Mr Pyms Letter from Sir John Hotham witness with me. I have committed these few Observations, to the view of the Public, finding so many bold Pamphlets (with so high impudence) fly at the Face of Majesty unreproved, and every corner stinks of this unclean Doctrine; yet since it is come to this height, that we must declare ourselves, or lose our King: wherein my purpose fails, my life shall make good to my last breath; but if Religion, Reason, and Law had not warranted so just a cause, I should never have adventured to clear a glass to so foul 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 days a King that was no Christian? Whether Christ had not more power (than ever any can or dare pretend to since) to eclipse that Regal Dignity if it had been destructive to the Church? yet he refused the lowest office of a Magistrate, But gave to Caesar the things that were His; for when the young man came to him, and said, Lord command my brother that he divide the Inheritance with me: He replies, Who made me a Ruler, or a judge amongst you? But now that we having a Christian King, professing by His unblemished Life, the same way to salvation with us, protesting to conserve our Liberties with His Life, to make such an apparent difference, which may be the occasion of the effusion of so much Christian Blood, upon mere Jealousies, will be the most unheard of disloyalty that can be committed to future Ages. WILTSHIRE'S Resolution, presented with the Contributions of divers Gentlemen to His Majesty's Commissioners at OXFORD, FOrasmuch as we whose names are hereto subscribed, having taken the late Protestation recommended unto this Kingdom in general, according to the direction of both Houses of Parliament, with His Majesty's consent, whereby we hold ourselves most especially bound and engaged to defend, and maintain with our lives and fortunes according to our utmost abilities, the Protestant Religion established by authority of divers past Parliaments since the Reformation, and also His Majesty's Royal Person, and Prerogative, the just and ancient Privileges of Parliaments, the Laws of this Land, and the Liberty of the Subject. And whereas it is evident unto us, that at this present by the malicious practices of some dangerous spirits, the Protestant Religion hath received manifest detriment by calumniating, discountenancing, and imprisoning divers painful, reverend, and orthodox Divines, as namely Dr Featley, Dr Oldsworth, Mr Shute of London, and many other men of approved soundness in Doctrine, and unspotted integrity in their lives and conversations, and almost in all places obtruding anabaptistical, Brownistical, and Schismatical Teachers of falsehood, and rebellion, to the dishonour of God, and scandal of the Pulpit, abused nowadays to seduce us from the Loyalty and piety which made our Forefathers, and ourselves formerly happy, and to engage us in a Civil war one against another. The much, and much worthy to be reverenced Liturgy, and Common Prayer of our Church grown infamous, and a reproach to those that use it, and all possible endeavour used utterly to expunge it. And having been bold with God in his worship, no wonder if they proceed to the injury of his Vicegerent, our most Gracious Sovereign, who opposing as much as in him lay, those, and other unjust and illegal proceed, was by their subriltie rendered suspected to His Subjects of inclining to Popery, and many other matters equally false; that under such hateful jealousies, He might by degrees become less beloved of His Subjects, and they brought into the condition they are at this time in open war against him, wherein, lest they should relent, they are made believe it is for the safety, and defence of His Person; the most absurd gullery that ever was put upon a Nation. And as the KING did not alone dislike these injuries done to God and Himself, so neither alone does He suffer; for with him most of the most Learned, and judicious Members of both Houses, whose Nobleness, Honour, Virtues, Piety, Religion, and clear understandings, made them declare themselves averse to the present course of the times, have been either imprisoned or stigmatised with the brand of Traitors, and Papists, or at the least malignants, and Prelatists: these and such like have been all the Privileges of Parliaments allowed the Worthies of our times, and worse is hatching for them if the Divine providence preserve them not. Are our ancient Laws in any better condition, or seem they not as dead as their prudent contrivers? do not new borne Votes supply their room, and new borne miseries attend them? the KING, his Wife, and Children, voted & forcibly kept out of all that is due to them, we are required to be assisting hereto; if not, we shall be voted to be plundered, & our goods and estates sequestered, and all this is pretended to be for the Liberty of the Subject: we have liberty indeed to give, but no liberty to deny: and we must give not as we know we are able, but as they think fit, and this they have the impudence to publish. These things being taken into our serious consideration, and the times now requiring us to declare ourselves, since we can no longer be at peace: first condoling the general calamity of ourselves, and Ireland, we profess to all the world, that we cannot see or find any other lawful way to free us from the distresses we are in, then by our best assistance of His Sacred Majesty, against all that shall oppose Him in an assured confidence that His purpose is as He hath declared, and no other, than to maintain and establish the Protestant Religion, as it hath been in authority & use in this Kingdom ever since Edward the sixth, & likewise His own just and true prerogative, and inheritance, derived unto Him from His Ancestors Kings, and Queens of England, and also the rights and privileges of Parliaments, that have been always justly due to them; to whom we conceive His Majesty ought especially to hearken, as hath been the custom of his Royal Predecessors, they seeking in all humility His assent to their debates and resolutions, by reason, not by force; and also the ancient Laws of this Kingdom, and all other Acts of Parliament, ratified by the King's consent. And lastly, the Liberty and Property of the Subject: Hereto we hold ourselves bound by Conscience and vow to God, Loyalty to our King, and duty to our Country: and so God prosper us as we shall be assisting to His Majesty in the accomplishment of all this. His MAJESTY'S Letter to both Houses of PARLIAMENT, the 20th of january. 1641. HIS Majesty perceiving the manifold distractions which now are in this Kingdom, which cannot but bring great inconvenience, and mischief to this whole Government; In which, as His Majesty is most chief interessed, so He holds himself by many reasons, most obliged to do what in Him lies for the preventing thereof; Though He might justly expect (as most proper for the duty of Subjects) that propositions for the remedies of these evils ought rather to come to Him, then from him; yet His Fatherly care of all His people being such, that He will rather lay by any particular respect of his own dignity, then that any time should be lost for prevention of these threatening evils, which cannot admit the delays of the ordinary proceed in Parliament, doth think fit to make these ensuing propositions to both Houses of Parliament. That they will with all speed fall into serious consideration of all those particulars, which they shall hold necessary, as well for the upholding and maintaining of His Majesty's just and Legal Authority, and for the settling of His Revenue, as for the present and future establishing of their privileges, the free and quiet enjoying of their Estates and Fortunes, the liberties of their Persons, the security of the true Religion now professed in the Church of England, and the settling of Ceremonies in such a manner, as may take away all just offence; which when they shall have digested, and composed into one entire body, that so His Majesty, and themselves may be able to make the more clear judgement of them, it shall then appear by what His Majesty shall do, how fare He hath been from intending, or designing any of those things, which the too great fears and jealousies of some persons seem to apprehend: And how ready He will be to equal and exceed the greatest examples of the most indulgent Princes in their Acts of Grace, and Favour to their people. So that if all these present distractions (which so apparently threaten the ruin of this Kingdom) do not (by the blessing of Almighty God) end in an happy and blessed Accommodation; His Majesty will then be ready to call Heaven and Earth, God and Man to witness, that it hath not failed on His part. FINIS.