THE CONTINUATION OF THIS Session of Parliament, JUSTIFIED; OF THE ARMY Touching that Affair Defended: AND Objections to both answered; according to the best Rules of Law, Reason, and just-preserving policy.  
By J. S.  
LONDON,  
Printed, MDCLIX.   

THE Good Old Cause was comprehended in these three particulars, viz. Security of Life, Liberty, and Estate. The Laws of this Nation speak no other Language. Contrary to which the People were invaded in most miserable sort by the late K. & his Ministers of Church and State, is evident; against which, many worthy Members of this Common-wealth contended, and suffered great penalties in their Estates and Liberties; the which did much increase the discontents of the Nation, to see their Fellow-Members seized and imprisoned, the beneficial Trades of the Nation encumbered with Monopolies and Patents; New Ceremonies introduced into the Church; heavy Impositions, without the consent of the People in Parliament; besides many other Enormities committed by the Arbitrary Power and Authority of the Favourites of the Court. For the regulating of these Abuses, this present Parliament took much pains and care; insomuch, that upon strict Inquiry, they find some in the late King's bosom sit to be made Examples of public Justice. The King, to defend them, endeavoured to grasp at the Militia: The Parliament do the like; upon which a War ariseth. It may be expected here, to prove the Legality of the War: the which hath been learnedly defended already by many able Pens: Notwithstanding, I shall briefly present you with some undeniable Proofs of the Justness and Legality of that War: And first, That Parliament that began that Defensive War, were the Representative of the People of England; and in them did center the Power, Wisdom, and Reason, of the whole Nation. The King calleth them together, to advice about the settling of the Affairs of the Nation; as they have been often and frequently by other Kings his Predecessors. They now being in that supreme Assembly, are capable and of Right are the proper Judges of King, kingdom, and laws, of all Affairs, of Peace, of Wart, and other matters, as a Legislative Power; the King being entrusted but with the Executive power, dwelleth highly upon his Prerogative, in which all the Liberties of the People were upon the matter swallowed up. The One, to defend his Prerogative, repairs to Arms. The Other, to Rescue their Just Liberties, do the like. There is not a person under Heaven but will say, That the Wart that is made is defence of a People's Liberty, is a Just War.[ But some will say, That a Wart made in the Right of a People against a Prince their Head Ruler and Chief governor, that is not lawful; because he is their superior; and that the Law of God, of Nature, and of Man, doth require their Obedience to their superior.[ To which I answer, That the Prince is superior to the People, no otherwise then to every man a part from the People, that is, when he is entrusted to dispense with their laws. If any one of more that is the lesser part, do conspire or break the laws and Peace of the Prince and the greater part of the People; then, in this Case, he or they are to receive condign punishment: But it cannot be intended by the Law of God, Nature, or the Political Institutions of Man, That the Prince can be superior to the Whole; or that his Interest, Right of Government, judgement, Authority or Reason should be put in the balance with the Interest, Right of Government, judgement, Authority, and Reason of the whole People: Besides, the being of the princes Authority is created upon no other ground, than the Consent of the People, to the End and Intent that the People should be preserved in their due and just Rights and privileges; the which being Invaded, the People may just take up Arms to Defend; and may seek to bring their Prince to the Terms upon which he Received his Government. Now let us repair to the particular Case in hand, after which we shall prove what is here Asserted. The Terms upon which the Kings of this Nation Received their Power, were expressed in the Oath of Coronation, in these words, viz. To Govern by Law, and Execute the Just laws which the Commons shall choose to be governed by: He was to govern as one, subject to the same Law; and not as one, superior to it: and that doth appear in Chap. 1. Sect. 2. of the M●rrour of Justice,( written long before the Conquest, but put into that order we now have it, by Horn, in the time of Edward the First) in these words, The King is to swear to maintain the Christian saith with all his power, and govern his People according to Law, without having regard to the person of any one, and that he shall swear to be obedient to suffer Right himself, as well as his other People shall be.  
That the King was subject to the Law, and not superior to it, doth further appear by Chap. 4. Sect. 11. of the aforesaid author; speaking, how Lords are challengeable by their Vassals; and how that homage may be dissolved and adjudged by Combat, he concludeth of the King, That if he shall wrong his Vassal in Fee, the same course may be taken: and wherever the King is Party, he cannot be Judge: Therefore it was, that all the Kings of this Nation ever did keep their Champions to answer the Law in that point, so long as Combats were practised in this Nation: besides, all our Records are full of Cases between the King and the Subjects; wherein be never had judgement, but upon Verdict, or other proceeding upon Record: the very same, and not other, than one Subject might have against another, of the same degree and quality with himself. I believe, it never was intended by any People upon the face of the Earth, to Invest their supreme Magistrate with other power, then such as is afore-mentioned, that is to say, To be limited to govern for the Profit, Commodity, and Peace of the People: and when the Prince shall fail of this just End, he may be Law-fully opposed by Arms, if other means will not accomplish that End. I shall here give you an Instance of one Eminent amongst the Number of Princes,( who took it to be but Legal, That the inferiors who were to be Governed, should be Judges of the Justness of his Actions,) that is Trajan the Emperour, of whom Dio writeth, That when he created a Captain by girding on his Sword, offered him the Sword first naked, and said to him, Here, take this Sword: If I command well, use this for me; and if I do amiss, use it against me. Is any man so mad, and slavishly besotted, to think, that superiors must not be Resisted in Illegal Commanding or Actings? If a General of an Army shall Turn his Ordnance upon his Army, shall not it be Legal for them to oppose, nay, destroy that General if they can? Grotius in his book De Jure belly, Part 1. Sect. 68. saith, It is lawful for the people to defend themselves by Arms, against the Illegal Cruelties of their Princes. An Example of David, who then had an Eye at the kingdom, who looked upon himself as the successor of Saul, he Armed to protect and defend himself against the Cruel and Unjust Intendments of Saul his Master and Legal sovereign. And I doubt not, but he might as justly have made an Offensive war, as well as a Defensive war, if the Succession promised, had not been an Inducement to him to forbear any such attempt. If that God shall approve of the War between the Israelites and the Benjamites, wherein 65100 men were slain in the pursuance of the demanding of Justice for one Woman, and that a Concubine; Surely, Divine Justice will no less approve of a War made in Defence and Protection of a People of a Common-wealth,( from the Arbitrary unlimited and boundless Tyranny of a Prince) even to the shaking of them out of their Throne.  
I suppose it will be granted, That in the case before premised, That War is lawful. Now having proved it to be lawful, and for that the Parliament could never have called grand Offenders to account, the King protecting them from Justice, the Execution of the Law Obstructed and Corrupted, all kind of Oppressions were frequent, this necessited the Parliament to take up Arms in the prosecution of the War for the Good Old Cause; that is to say, For the Liberty of the People.  
But here may be Objected, That the Good Old Cause did contain also the preservation of the King's Person, as appeareth by the Propositions of Parliament ordered to be printed the 2d. of June, 1642. in these words; For Defence of King and Kingdom, the Parliaments Just Rights, and the Liberty of the People. Mr. W. P. saith, This is the Old Cause, and nothing less or more, and those that do depart from any Tittle thereof, are Villains, Apostates, Traytors, Rebels, Seditious, and Perjured. By his good liking; the whole Cause is comprehended in the last words of that Clause, which he takes to be the Old Cause, viz. The Liberty of the People. For( as I have shewed already) that the Liberty of the People is the first in eminency that is respected in Government; it is the End which there are Parliaments, and for which there have been Kings: although another use of it may be made, as of the majesty of a Prince to overawe; or of the wisdom of a council to ensnare: but when the People shall be in a Capacity to deliver themselves from those Inconveniences, they may lawfully: for that they Answered not the End of the Trust reposed in them. And when that the King shall seek to destroy that Good Old Cause, the Peoples Liberty, the People may lay Him aside: The People onely trusted Him with the execution of the Laws, that the Good might be protected from the Evil. When the Prince ceaseth to perform this, He is unto the People no other but as a wild Beast; which Nature hath instituted to be destroyed. I abhor private Assassinations, or popular Insurrections; but I do approve of public and orderly aiding or assisting of such as have Legal Power in this case, as that of the Parliament unquestionably is: But here it must be noted, that if there be not success on the side of that Power, though Legal; then assuredly they will be tried for Traytors, as the conqueror interpreteth and expoundeth the Law: and even so it falleth out, that he who hath power doth dispense and interpret the Law, and maketh it speak what Language he liketh best for his Interest; the same would the Vanquished have done, if he had been Victor. But to the business again of the Good Old Cause; Admit that to have been the Old Cause in 1642. for the Reason before expressed; it doth not argue, that the same must be the Cause in 1653. or 1659: For that, since that of 42. the King set up his Standard in open Hostility; by which Action, he stak'd his Crown against the Liberties of the People: The People, under the Conduct of that eminent supreme council, do become Victors; the King is reduced to restraint; he standeth at a distance even then from submitting to the Advice of his council the Parliament, and put his own judgement in competition with the judgement of the Parliament; and his Prerogative in competition with the Liberty of the Subject: So that he thought that, what he could not obtain by Arms in the Field, he should, by his continued obstinacy, effect: and now being reduced not only from a Prince to a private person, but also to the condition of a prisoner, in order to the securing of the peace of the Nation: And what was this more then hath been done by advice or approbation of Parliament, and good-liking of our Ancestors, in the business between the Houses of York and Lancaster; at one time the House of York's Title is best; at another time the House of Lancaster: when one had power to make good his Title, the others Title was voided; as in that eminent Turn by that Earl of Warwick, who deposeth Hen. the 6th, and establisheth Edward the 4th, who gave the aforesaid Earl some distaste, he putteth himself in arms, re-establisheth Henry again: Edward by the aid of Richard of Gloucester, and George of Clarence, meeteth the Earl, fighteth the battle at Barnet, in which the Earl is slain: King Henry immediately imprisoned, and soon after put to death in the Tower of London. This is all the Title that I can find any Prince to reign and rule by; onely opportunity and Power; when that faileth, their Right ceaseth. The same Right, nay much more is in the People, when justly necessitated to take up Arms to defend their Laws, the Hedge of their Lives, Estates, and Liberties: This I aver to be the Good Old Cause. But some will here say, that we did in our Protestation and Covenants, and Declaration, promise and declare, To defend the Kings person. To this I answer, That before the war was determined, it was binding; but after it was ended, it was voided. First, For that the Kings obstinacy was such as aforementioned; that if they had closed with Him, the people had been as far to seek for the just Ends intended, at the first undertaking the War, as they were before the undertaking thereof; and at far greater uncertainty, for that they could not have no security but his own Faith, which was not sufficient security, in regard it is natural for all men, to wait for opportunity to minister Revenge; especially he being of that opinion, That Princes are accountable to none but God; He must needs judge the Account required of him by the Peoples Arms, was an injury done to his person and Dignity: and therefore it was not safe for the people to trust to that.  
Secondly, The undertakers of that War were disobliged of any such Obligation or Duty, because the King stood out from composing the Difference, though often urged thereunto, until He was by Arms reduced to a private capacity. The Oath that is given to a Prince is voided when He ceaseth to be a Prince: For proof of which, take Grotius that great Oracle of the Civil Law, these words: But if also the person hath a right, if yet the Oath regard the Utility of any One, and he refuseth it; He that hath sworn, shall not be bound; neither shall he be bound, if the quality ceaseth, under which be hath sworn to any; as if a Magistrate cease to be a Magistrate.  
Curio, to those that had been the Souldiers of Domitian, speaks thus; How could He hold you by Oath, when having cast away his Authority, and left his Command, being a private man, and a Captive himself, was come under the power of another, 2d part. Sect. 42. Is there any that think it had been rational for the people of Israel to pled Fealty to their King( when they were carried Captive with their King into Babylon) to avoid their acknowledging Fealty to their sovereign in their Captivity? No, their dutifulness was otherwise expressed by the practise of Daniel, and others.  
Also, if an Oath or Promise be made with a Condition, the Oath is voided, if the Condition be not performed. This Obligation was made by the Undertakers of this War, upon condition and presumption, That the King would govern by Law; that he would leave his Evil councillors, and adhere to his Great and Faithful council the Parliament. He neither did govern by Law, nor left his Evil council; nor did to the last adhere to his Great council: Therefore the Obligation is voided, and those who had the Care and Trust of the Nation, ought and might legally repair to other means to settle the Nation, and secure Their Interest otherwise than by Him.  
The which to the Honour of the Nation, accordingly was in order to the carrying on of the Good Old Cause, settled as a Free State the most glorious Government under Heaven. But some may say, That Inconveniences under them were evidently seen and known. To that I answer, That there were many amongst them that did always in design Obstruct the carrying on of the Good Old Cause, and did privately Insinuate poisonous Counsel and practices, by endeavouring to divide the Parliament of the People into factions, by which means the work of Settlement was obstructed; one while one Faction endeavoured to grasp at the Power, and make it run in their Channel, in favour of their Interest; and the other Faction, who saw all like to be Ruined and betrayed by the other, into the hands of that Interest against which the War was made; take upon them the Power, and Exclude the other who conspired against the Interest of the Nation, and endeavoured to change the Government, or at least to obstruct the good Work then carrying on: also in design to render them odious, promoted the giving of great Gifts one to another. Now the friends of the Common Enemy that Hindered the Good that might have been done, and promoted all the evil that they could, being expelled the Parliament, they begin to show the Power, Vigour, and Excellency of a council of a Free People; for at one and the same time they manage War with Scotland and Ireland, and pass that Act for Trade, that never to be forgotten Act, which occasioneth a Chargeable and Dangerous War with Holland: That Act was the Glory and Top of their great Advice; if it had been continued and duly Executed, England had been the most happy, and most rich People this day upon the face of the whole Earth: they had been the Ware-house of the World; the Exchange of England had over-ballanced all the Exchange of the World: it would have made Trading abound, and money as plentiful as dust. This was not so much their Glory, as their Trusting the Sole Power of all the Common-wealths Forces to the Command of one single Person proved Dishonourable; who arrogantly, and contrary to his Duty, Interrupteth the supreme Power of the People in Parliament; and maketh preparation of absoluteness and Tyranny to be Exercised by himself. Here indeed the Good Old Cause was Eclipsed, and was turned from a Good Cause, to a Barbarous Cause. But it is Redeemed in a miraculous manner by the Finger of God, who opened the Eyes of the Army, and those Worthies the Chief Commanders, who have returned to their Duty to God and their Country; and have by their Declaration of the 6th of May, 1659, Acknowledged their error, and given glory to God therein: They have not regarded their Interest in this, for as much as they laid down the Power at the soot of a Legal Authority; and refuse longer to be instruments of keeping the yokes and Shackle upon their Country: they have raised the Good Old Cause again from the grave.  
Methinks I hear many Objecting, That the Army affect nothing but Changes, and have been Instruments of all the Changes that have been since the first fitting of the Long-Parliament.  
To that I answer, That they were Accessary, but not principal to it; For in all other Changes, they were Deluded by the pretences of their General, who by the Continual promise of good, quieted them, and drew them in to aid him in the Haltering the Nation and themselves: But as to this Change, GOD hath onely made sue of Them; for which, they need not blushy, nor need they disown it: It is that, for which Posterity will bless God: It is that will make all Nations feat and tremble at: Believe it, the councils of this Parliament were terrible to foreigners, and would have been as beneficial to Us, if they had continued. Peradventure, this may be for good, that God by it may teach the Parliament their Duty, the Nation their Duty, and the Army their Duty; and all of them Exp rience, not to trust to the virtue or godliness of any one man; nay, not of an Angel. Neroe's 5 first years( Suetonus and Tacitus, and other Authors do writ that) that they were as good, as his latter were bad. Aristotle, the Prince of Philosophers, saith It is better to trust to good Laws, then to good men. How many thousands in this Nation, besides the Army, were of opinion, if any man under Heaven might be trusted, Gen. cromwell might be trusted with absolute power. But now they have experienced it, they find none are to be trusted; his miscarriages are fresh in every ones memory. The principal Reasons why Supremacy in single persons doth not answer the Ends of that Trust reposed in them are; First, that by that great Trust they act so irregular, that it is never safe for them to repair to a private condition: so that it createth in them a d fferent Interest, that is distinct from, and other then the Interest of the public. A second Reason is, that many of their Favourites advice them to extraordinary Actions, that they may under him the better grow great and rich by the spoils and ruin of the public. A third Reason is, their Favourites take advantage to discontent the people, and create the Princes jealousy, by contriving Plots, and thereby draw divers discontented persons into them, and afterwards become the Discoverers of the Plot themselves, that they may as end into the princes favour the higher. This setteth the Prince and people at a greater distance, and disuniteth their Interests, especially when the Prince is a Usurper, and holdeth his Dignity in fear and jealousy. I will not say peremprorily, This hath been one miscarriage amongst the rest, that hath happened since Gen. cromwell assumed supreme power; but there hath been other visible miscarriages; as that of his making peace with Holland, slighting the execution of that Act for Trade, setting up Maj. Generals; and making war with Spain, so much to the detriment of the Nation, to the destruction of Trade and all Manufacture,( which now must be defended for the honour of the Nation.) And nothing hath returned of account thereupon, but the being possessed of Dunkirk; besides many and innumerable Enormities done and committed by several subordinate Officers; as commi●ting men to prison, showing no cause, not allowing the benefit of the Writ of Habeas Corpus, contrary to the Stat. of the 17. of the late King; and by trying Members of this Common-wealth by unusual and unknown Courts; not Courts of Record by Law; High-Courts of Justice, contrary to Magna Charta, 17 R 2. ch. 9 & Petition of Right. The Army had great reason, seeing these things, to return to their first principles, in which work they will have Peace of Conscience, and the praise of the whole Nation; when they shall see the End at first pretended to, and now intended to be attained: for the which, every one ought to pray to God, the fountain of all good: and if it be his pleasure, that it shall be accomplished, I am confident there is never a Royalist in England, that hath his Reason, having once tasted the sweet fruit of the Government of a Free-State, would ever desire to see a single person again in this Nation; at least he, nor no other, would desire the Supremacy to be in another Family, which would create another York & Lancaster Fude, which would be no small detriment to the Nation; and those that were most zealous for establishing of the Cromwels, were justly to be suspected, that they thereby designed nothing else but the asserting the Stuarts Title, in altering the state of the Case of the Nation, from the Good Old Cause, to the Interest of a single person. But divers persons dissatisfied in this last Change, do asperse the worthy Instruments therof with this Reproach, viz. That it is carried on by none but Sectaries, in opposition to the settlement of the Church, to leave open a Door for all manner of Licentiousness and Erroneous Opinions. To this I answer thus; That he that hath any understanding in affairs of State, must conclude the contrary, that the necessary Reasons of State that do attend, and will accur to this great Action, will produce the settling of a National ministry, and not to incline one while to one party, and another time to the other party, by equally protecting a godly life, & good manners amongst all. Those that do seem so much discontented at this Affair, are discontented, because that the Power doth not wholly run in the Channel of their persuasion. If any one persuasion should get the power of the Nation, and they exclude all other persuasions, it would but increase the desire of the Excluded, to wait an opportunity to snatch at the Power; and then would follow an exclusion of the Excluders. By this means, there would never be settlement in the Nation; but it would still be rolled from one Interest to another. Therefore, it is better to be in their hands, who will not lean to one Interest more then another, but equally respect all. I partly know; and dare presume, this is the principal reason of the Army, why they expect settlement from the hands of this Parliament, they seeing that no Assembly, since their interruption, ever was free to that work of equally respecting all Interests. And therefore it did behove the Army not only to desire and further this Parliaments again sitting, but also to hasten it, that the Good Old Cause might be again revived, and the people restored; that the necessity of continuing of Armies may be taken away, which will be, when the Nation hath thoroughly settled upon a liking of the Government of a Free-State.  
The Government of a Free-State is to be chosen before any other Government, for these three following Excellencies that are in it; there be many other which shall be duly expressed and proved in a larger work, God willing:  
First, the benefit of a Free-State, and welfare of a Free People, consists in a due Succession of their supreme Assembly, and exact Rules to the People, to choose such persons as are capable of such Trust; the grand Inconveniences that do arise in Government, is only the Continuation of the persons to Govern: assuredly, if a Member of the Peoples Representative knoweth his time is limited as to the Exercise of supreme power, and that he must again Repair to a private life, and be governed by the same Law he maketh; he will be sure to look to the making of good laws; otherwise, if the power is always to reside in him, he will consider to make laws that shall favour his own Interest; and his Interest will differ from that of the public: the same may be said to the Continuations of Single Persons.  
Secondly, a Common-Wealth never maketh War Defensive or Offensive, but it is simply for the profit of the Whole; A Prince shall make War to the Hurt and Damage of his People; for a Distinct Interest from the Common-wealth, as Right of Dominion, as that of York and Lancaster, for Revenge of a Daughters wrong, or the like.  
Thirdly, A Free-State is to be had in Estimation; for that there is alike Justice to all: The Prince or Tyrant always doth separate those against whom he is concerned, from the ordinary way of Justice, and proceedeth by Extraordinary ways of Mock Judicatures: and for his favourites, he endeavoreth to protect from the hand of Justice. Now since we have found the Good Old Cause, and defended it, let us gather laurel from History to crown their heads by whom it is again Revived. You have a Story in Plutarch, in the Life of Timoleon, concerning Timophanes, who of a Commander of the Forces of the Corinthians, did make himself their Lord, and Exercised all manner of Cruelty, by taking away the Citizens without due order or Course of Law. Timoleon his Brother seeing this, and being of an Honest mind, consulted with Aeschilus and Theopompus, slu 〈…〉, thereby freed the City from that Exquisite Tyranny: not long after the Syracusians craved aid of the Corinthians; the Senate and People nominate Timolean to Conduct those Forces in aid of the Syracusians; before his march, the Senate give him his Charge to this purpose: Be an Honest and valiant Captain, that your Country may have the benefit of your service, then we will Judge thou hast slain a Tyrant; but if thou dost otherwise, and makest use of thy Trust, and undertaking to the discommodity of thy Country, then we shall judge thou hast slain thy Brother. Which is as much as to say, That such an Extraordinary Action, is Justifiable and Legal, if it be converted to the Commodity and profit of his Country: but if it were converted to his own profit, and to Establish himself, then it is Murder. It is so applied to this great Action now on foot, If the Army had transplanted the Power though usurped, to plant themselves in their room, it then had been justly to be Condemned, and disapproved: but for as much as the Scene of the Undertaking hath no other Tendency then to restore the Captivated Liberty of their Country, it is therefore Honourable, Justifiable, and Commendable.  
The like did Solon at Athens, and Lyeurgus at Sparta: and Dion at Syracuse; and Brutus at Rome, which success against Tarquin; though the other Brutus failed after the slay Caesar. Those that change Tyranny into Free States, do justify themselves by the Noble Ends of their proceedings; and they do clear and vindicate themselves to the whole World, when they Communicate the benefit of their Undertaking to the Common Profit.  
FINIS.