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. London, Printed Anno Domini, 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 preposest 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 Kingdom, 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 ill affected agents, conducing little to his advantage, but to the furthering of their ambition, who notwithstanding, could as easily desert him in hi● misery, as before be the ready Instruments to importune him to this mischief, upon presence of a Legal Authority, which who knows not a Prince, may be soon mistaken in, since none can be so silly, 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 action than the Poets, Incidit in Syllam cupiens vitare caribdim. 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 Shipmoney, 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 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 Jealousies if ever we meant to be satisfied. As for their fears, I wish we had as little reason to suspect the som●nt●rs, 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 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 Subject, 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 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 have 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 caucious 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 consist) I would fain be satisfied what 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 fain be answered, First, If they fit while they list, and pass what they list, whether they have nor (during their pleasure) subverted our Monarchy by their democracy, and Invested themselves of 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, be but a thing of Yesterday, and which as yet we cannot understand, assuming to themselves the sole power to Judge of our dangers, and propose such remedy, as may answer their pretences. 2. How every conscientious Man can dispense with that sacred Oath of Allegiauce, wherein He calls God to Witness for the Vindication of His Princes Just Prerogative; and their Protestation to maintain an absolute and unlimired power in the two Houses, wrested to those Ordinances expressly inhibited by His Majestis 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 eirher 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 a 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 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 of 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 theirs (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 our former senses, renders me amized; '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 you 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 madman 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 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 remain sound during those Laws already in force, there can be no danger to our Kingdom, but if either of the ●●o can pass at their pleasure what they will, the third 〈◊〉 then of necessity stand for a cipher, for consenting or disagreeing is then of equal value, and in my opinion yt's a profident of too great an adventure, for suppose the King and the Major pure of the Lords should agree an Ordinance or Law, we should think 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 tatified against the Consent of the Lords Spiritual, where they declared nec possumus nee volumus consentir●, and this so rare we could not find a second. At the Parliament at Oxford in 17. 〈◊〉. 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, sor if the Parliament (which are only His great Council) offer him a Bill, which He is bound to agree, it was more than ever His Ancestors were; and of their Counsellors, it must necessarily follow, they are His Commanders. We have a Maxim with the Subject, Modus & 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 has 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 sound 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 given out to us under the guilded Title of the People's Liberty, when indeed they are but Golden Chains in stead of Bulrushes, and (reserved till occasion shall make it too appitant) 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; 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 represent ative 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 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 hath fetched Precedents from the weakest Princes, (nay, and go beyond them to) 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 Counsel, 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 Elections 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 Bullingbrook, 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 desires shelter from such a storm: If it be their intentions, sure one Bullingbrook 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 (out 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 love, 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 Dialact; 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 acommodation 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 fain 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. 4. To insinuate a belief of their care to the Vulgar, They have perpetually, surmised terrible Jealousies, which have produced no other effect, than 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 capine or some such damnable sin, that nature would never have pardoned, if we had had no Law; Yet these men's informations, sufficient grounds to traduce the King, these Letters most necessary Animadversions to leavy Forces, to maintain the King's Forts, Towns, and 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 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. Pims' 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 'tis come to this height, that we must declare our selves, 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 bethe 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. FINIS.