THE VINDICATION OF THE PARLIAMENT And their Proceed. OR, Their Military Design proved Loyal and Legal. A Treatise, wherein these things are ingeniously and sincerely handled; to wit, 1. That the MILITIA as settled by the PARLIAMENT is lawful. 2. That it is lawful for us to obey it, so settled by Them. 3. That the PARLIAMENT is not by us to be deserted. 4. That in aiding the PARLIAMENT the KING is not opposed. 5. That the PARLIAMENT (as the case stands) may not confide in the King. 6. That this necessary Defensive WAR of Theirs is indubitably justifiable. Pulchrum pro Patria mori, LONDON, Printed in the Year. MDCXLII. The Vindication of the PARLIAMENT and their PROCEED. THe main thing now looked upon, What is now principally enquired after. and pried into by all eyes, is the nature of this present Marshal and Military Design undertaken by the Parliament. Now although much hath been writien by many upon this Subject, yet divers well disposed and well affected persons, are very unsettled and unresolved, what to think thereof; and the Reasons hereof I conceive to be these; to wit, 1. 5. Reasons why the vulgar sort are unsatisfied in the present expedition. That compendious kind of writing which some use in laying down only the particular Head, by way of assertion, without either amplification, application or proof; whence he who is not informed or thoroughly insighted into the truth, and nature of that which is affirmed, is ready to conclude it a fallacy, Petitio quaesiti, & dare not believe it upon the Author's bare word. 2. That abstruse, sublime and high stile which others use in their writings, thinking all apprehensions as quick, and judgements as profound, and understandings as clear as there own; and thus not stooping to the capacity of vulgar Readers, leave them as perplexed and as much unsatisfied as they found them. 3. That confused kind of writing which some have; for as Method doth much help both the memory and understanding; so immethodical discourses do confound both understanding and judgement. 4. That sleight and superficial kind of writing which others have, who never searching themselves into the depth, life and bottom of the point in hand, leave their Reader just so wise as they found him. 5. That timorous and half handling of the case in controversy, which some are guilty of; for some have taken the point in hand, but fearing Veritas odium parit, that Truth will come home with a scratched face, dare not say what they can, may should or ought of the point, for the full satisfaction of their Reader; ●aving him by this means altogether without light in the most material things which he undertakes to instruct him in. And therefore because I will never refuse to sacrifice my life, much less spare any pains for the welfare, safety and preservation of my Country, the preventing of these Civil wars threat●●●● composing of our present distractions, and the satisfaction of tender consciences, to the utmost of my ability, I have with what brevity, sincerity, plainness and clearness possibly I could, declared unto all, who desire to be satisfied what they may conceive and imagine of the true nature of the present Design of the State and condition wherein we a●●, and what seems to be intended and aimed at by both Si●er. I will not trouble myself to search Record, nor presume to expound, and interpret Laws, (being no Lawyer) but only slow the lawfulness of this Design, as fare as the law of Nature, the light of humune Reason, and experience, and my small knowledge in Religion, will dictate unto me. Against the Parliament two things are excepted; Exceptions taken against the Parliament. viz. their Act, and the Effect of that Act: or, their Action and Intention. 1. Their Action is the putting of the Kingdom into a posture of defence, by settling of the Militia without the assent of the King. 2. Their Intention herein is supposed or surmised to be the strengthening of themselves against the King, and the raising of Forces against his power. Now, of both these severally. Concerning the Militia two quaeres are ordinarily made; The settling of the Militia lawful. to wit, 1. Whether it be lawful for the Parliament to settle it without the Royal assent. 2. Whether it be lawful for us to obey it, so settled by Them? Quest. 1 First, it may be demanded, Whether was it lawful for the Parliament to settle the Militia [which is made the cause of all our present distractions and dangers] or not, without the King's Royal assent. Answ. 1 First, they did it not without ask his permission and leave; for considering the necessity of putting the Kingdom into a Posture of defence, both in regard of Foreign and Domestic Forces and Foes: they addressed themselves to his Majesty, desiring him so to order and dispose of the Militia of the Kingdom, as it was agreed upon by the wisdom of his great and grand Council, whose counsel above all others, Kings in Parliament time, have, and aught to embrace and follow. And therefore we may imagine that to be lawful which our best Lawyers, yea Lawmakers did so earnestly sue and solicit for. Answ. 2 Secondly the Parliament continuing their humble supplications unto the King, his Majesty was once graciosluy pleased by Message sent unto them, to promise, that the Militia should be put into such hands as they should approve of, or recommend unto Him, provided that they declared [together with the Names of the Persons] the extent of their power, and the time of their continuance, both which they did, which shows evidently; That there was nothing unlawful in the substance of the thing desired, [His Majesty himself not excepting against that] but at the most, that something desired by them did not square with some circumstances observed in former times. Answ. 3 Thirdly, the Parliament seeing a necessity of settling the Militia, thought that in conscience and humane reason it was much better, fafer, and more agreeable to that trust which was reposed in them by the Kingdom, That the strength of the Kingdom should rather be ordered according to the direction and advice of the Great Counsel of the Land equally entrusted by the King and Kingdom, for the managing of the great affairs thereof, then that the safety of the King, Parliament, and Kingdom, should be left at the devotion of a few unknown Counselors, many of them having not been at all formerly entrusted by his Majesty in any public office or service, nor confided in by the Commonwealth. And therefore we may conjecture the legality of the Militia settled by the Parliament. Answ. 4 Fourthly, the Parliament desire not to remove the Militia from the King, but from his subordinate Ministers, (who by reason of their evil counsels given unto Him, and their small love, respect, and care showed towards Them) the Parliament dare not confide in; and therefore only place it upon other Ministers, whom they have no cause to suspect, nor against whom, (when they were nominated to his Majesty) He did except. Answ. 5 Fiftly, the Parliament long since saw, and still sees (as themselves affirm) the Kingdom in so evident, and imminent danger, both from enemies abroad; and a popish discontented, and disaffected party at home, that there was an urgent, and inevitable necessity of putting the Kingdom into a posture of defence, for the safeguard both of his Majesty and people: and in all probability, and likely hood, if the Militia at Land, and the Navy at Sea, had not been settled in sure hands when they were, we had ere this been exposed to the practices of those, who thirst after the ruin of this Kingdom, and endeavour to kindle that combustion in England, which they have in so great a measure effected already in Ireland. Now the safety of the people being the supreme Law, it must needs be lawful for the Parliament to settle the Militia, in case of such necessity. Answ. 6 Sixtly, the power given to those, in whose hands the Militia is placed by the Parliament, is only, to suppress Rebellion, Insurrection, and foreign Invasion. Now that this power should be put into some hands is necessary, especially in dangerous, and distracted times; and into whose hands better, and with more safety, than such as the Parliament dare confide in, and against whose persons no exception hath been taken by his Majesty: and therefore we need not much question the Legality of the Militia. Answ. 7 Seventhly, this is granted on all sides, to wit, That the Commonwealth entrusts the Parliament to provide for their weal, not for their woe; and that this Parliament thus entrusted by the People, did by a Law intrust the King with the Militia, to wit, for the weal of the Commonwealth, not for the woe thereof: and that this is employed (in that Act, or Grant) though not expressed, no Royalist, I persuade myself, will question, or deny. And therefore I. If the King's desire, and royal intention be (as we hope it is) to settle the Militia for the preservation, not perdition, for the defence, not destruction, for the strength, and safety, and not enflaming, or envassalling of his Subiests, and people, and that this likewise is the intent, and purpose of His Grand Council, the Parliament, than the difference who shall establish the Militia, is but a kind of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or contention about words, or a ceremony, or a quarrel who shall have their will, when both purpose and resolve one and the same thing: which is to weak a ground, and too trivial a cause to draw that ruin, desolation, and destruction upon us, which must inevitably fall upon, and cease us, if these Civil wars which threaten us, and hang over our heads, be not prevented. But Answ. 8 II. If (which God forbidden) the King should intent, and endeavour by the settling of the Militia, to enslave us, to tirrannize over us, and to rule us (being so kerbed, and kept under by a strong hand of Power) by his own will, than the Parliament, and Law did never settle the Militia upon Him for that end, or, to be so used: for the equity of the Law, and not the Letter of the Law is the true Law. Eightly, it evidently appears, Aliquid latet, quod non patet, That neither the Militia settled by the Parliament, nor Hull kept for the King and Parliament, nor the Magazine of Hull removed by the Parliament, are the true grounds of the War so violently threatened against the Parliament, by the malicious, mischievous, and malignant party of Papists, Cavaliers, and other illaffected persons. For 1 There were attempts made to be possessed of Hull, and the Magazine, by Captain Leg, and the Earl of Newcastle, before ever Sir john Hotham was seized of it, (much more, before he denied His Majesty entrance thereinto) and this attempt, desire, and purpose, seems to some, (and that not improblably) to take its rise from the Lord Digbyes letter to the Queen, wherein he desires, That the King would repair unto some place of strength, where he may safely protect his servants, that is, such as will do him service against his Parliament, amongst whom (most disloyally he saith) Traitors bear sway. 2 The Lord Digbie promiseth in his Letter unto his Majesty before the Militia was settled to do him service abroad, that is, (as he expresseth himself) to procure for them supplies against the Kingdom, and Parliament, with which he said himself would return (as he did indeed in the Ship called the Providence, with store of Arms) although he had been published, and voted a Traitor. 3. Before this, the same Lord Digby endeavoured to raise forces, under the pretence of a Guard for the King's person in winter. 4. Before the Militia was settled, there were endeavours, to incense the two Nations England, and Scotland, and to engage their Armies one against the other, that in such a confusion, as must needs have followed; the Parliament might not be able to sit, nor do us any good. For if in this battle we had been conquered; we might have feared to have lost ourselves, and all we had, to the Conqueror with whom we fought; and if we had conquered, we might have been sure to have lost ourselves, and all we had, to the Malignant Party for whom we fought. 5. Before the settling of the Militia, there were endeavours to turn the English Army against the Parliament, as is abundantly proved by them. 6. By the testimony, and allegations of many, the Irish Rebellion, (which broke forth before the Militia was settled) was hatched by the popish, and disafected party in England, not to have rested there, but to have ended here. 7. Before the Militia was settled, some Members of both Houses (who were observed to be most zealous for the speedy suppression of the Irish Rebellion, which notwithstanding, was so long protracted and delayed) were unjustly charged with Treason, and after such unjust accusation, were demanded and required of the House of Commons, by His Majesty, attended with a Troop of Cavaliers, who had intended to have taken them by force, if they had not been absent. By all which it appears, That the settling of the Militia was not the cause why war is made upon, or against the Parliament. And thus much may suffice for the first quaere, concerning the Parliaments settling of the Militia. Quest. 2 It may now in the next place be demanded, whether it be lawful for us to obey this Ordinance of the Militia thus settled by Parliament.? Answ. In case of extreme danger, and of his Majesty's refusal, people are obliged, and aught to obey (by the Fundamental Laws of this Land) the Command, and Ordinance agreed upon by both Houses, or the major part of both Houses (which is all one) for the Militia. I enlarge not this Answer, because that which follows concerning the deserting of the Parliament, may be applied hereunto. Thus much may suffice for the first exception taken against the Parliament: viz, Their action, in putting the Kingdom into a warlike posture of defence, by settling the Militia in such hands, as they durst trust. I proceed now unto the other Exception, (viz) the fruits, and effects of the settling of the Militia, which are affirmed to be, the opposing of the King's precepts and proceed. We affirmed before, That if the Militia had not been settled, we had been in great danger of destruction; and now when it is settled we are neither free from fears, nor foes, enemies nor evils. Quest. 3 Whence it may be demanded, How may we be preserved from that ruin, and destruction which hangs over our heads. Answ. 1 First, by standing upon our Guard. Answ. 2 Secondly, by siding with and assisting of those who stand for us. Answ. 3 Thirdly, by resisting and opposing those who withstand us. This Question is something like Hydra's heads, for from this little Head, four main ones sprout and spring up; to wit, 1. Whether the Parliament may be deserted, or aught to be assisted? 2. Whether the King may be disobeyed, or his Commands opposed? 3. quest. 4 Why the Parliament dare not confide in the King, seeing he promiseth as much as they can desire? 4. Whether this War undertaken by the Parliament be warrantable and lawful? Now of all these in this order. It may first of all (I say) be demanded, Whether we may desert the Parliament in this time of danger, or is it our duty to obey, assist, aid and stick to them. Answ. 1 First, whatsoever is said of this Subject, in that Treatise called, Reasons why this Kingdom ought to adhere to the Parliament, I wholly omit; as also many Reasons which might have been drawn, from a Tractate, which by many arguments justifies the Scottish Subjects for their defensive wars. Answ. 2 Secondly, our Saviour's rule is here worthy observation, Whatsoever you would, that others should do unto you, do so unto them. Make the case ours, by supposing us in their places, and they in ours, that is, We Parliament men, and they private persons; and look what aid, and assistance we would expect, and desire from them, if we were in such danger, as now they are, the same we should now afford unto them. Answ. 3 Thirdly, I dare not say, that with a blind obedience we should actively obey them in whatsoever they command: for as Counsels in Divinity, so Parliaments in Policy, may err: and therefore inquisition, disquisition, examination, and conference are not forbidden us in any Acts or Statutes. Answ. 4 Fourthly, the Members of the Parliament, are chosen by us, and stand for us, yea, are sent thither, entrusted by us with all we have, (viz) our estates, liberties, lives, and the life of our lives, our Religion, and the safety of the King's Person, and Honour: and therefore in equity, and conscience they ought not to be forsaken of us. Answ. 5 Fiftly the Parliament men are no other than ourselves, and therefore we cannot desert them, except we desert ourselves, the safety of the Commons, and Commonwealth being wrapped up in the safety of the Parliament. As the Wolves desired the sheep to put away the dogs, and then they would enter into a League with them, but when they had by so doing stripped themselves of their best friends, and laid themselves open to their fiercest foes, they were then devoured without pity: even so may we fear it will be with us, if we should be so sottish as reject, and desert the great, grave, and grand Council of the Land, (which consists of as wise, faithful, meek, moderate, sincere, just, upright, understanding, zealous, and pious Patriots, as ever any Parliament in this Land was possessed, and consisted of) and submit ourselves to the protection, and care, of obscure, and unknown, yea malignant, and malicious Counselors, who would glory so much in nothing as in our misery, and Ruin, as appears by their deeds wheresoever they come, if they can but prevail. Answ. 6 Sixtly the King's Majesty hath promised (in His-Message. January, 12. 1641.) That He will be as careful of his Parliament, and of the privileges thereof, as of his Life, and Crown, and therefore if He assure them so of His adhering unto, and care of them, then much more should we encourage them, by Promising to assist them (so long as they stand for us, and our Laws) with our estates, and them. Answ. 7 Seventhly, we ought to obey, and assist them in any thing which is lawful, and we ought not to suspect, that they will enjoin, or command us any thing as lawful, which is unlawful. The opposition between the King's Majesty and His Parliament, seems to be about law, He affirming that to be lawful, which they deny, and they affirming that to be lawful, which He proclaims illegal. Now the King is pleased to profess, That he is no Expounder of Law, that belonging neither to His Person, nor Office; and therefore concerning the legality, and illegallity of things, He will be guided by the judgement and counsel of others: And whose, or what counsel (in all probability, and reason) can be better, sounder, sincerer, and more worthy to be followed, then that of his Grand Council? who assure us that what they do and enjoin us to do is lawful, that is, according, and agreeable to the Law, either of God, Nature, or the Land. Now it becomes us (whom they represent (thus honourably, and venerably to think of Them, viz, They know such and such things to be lawful, and therefore they do them themselves, and enjoin them to us. And not thus (as some pervert it) The Parliament hath done, or commanded such, or such things; and therefore do affirm them to be lawful, and just: for it is a principle in law, That no unworthy, or dishonourable thing is to be imagined, or presumed of Parliaments. Answ. 8 Eightly, if we desert and now forsake the Parliament, we shall be found guilty before God of three great sins; to wit, 1. Perfidiousness; for as we have entrusted the Parliament with our estates, liberties, and lives; so we have engaged ourselves, to maintain, and defend them, so long as they pursue our safety, prosperity, preservation, and peace, according to Law. And therefore, if for our good, or for discharging of their consciences, and trust, they be endangered, we are perfidious if we leave them, and for lack of succour let them sink and perish. 2. Perjury; for all who have taken the PROTESTATION, have promised, protested, and vowed, with their lives, power, and estate, to defend, and maintain all those who stand for the lawful rights, and liberties of the Subject; yea, to oppose, and by all good ways and means to endeavour to bring to condign punishment, all such as shall either by force, practice, counsels, plots, or otherwise, withstand or endanger those who stand for our Laws, and Liberties. Now who stand more, for our Religion, Laws, Sovereign, and Liberties, than our Parliament? and who are more opposed and endangered for their zeal, and care for us, and our Privileges than They? And therefore we are guilty of Perjury before God, and Man, if we in this case assist them not, but desert them. 3. Treachery; for such as forsake the Parliament, as the case now stands, are guilty of a manifold Treason: to wit, against the Church, against the State, against the Representative body of the Land, and against themselves. For by deserting of the Parliament, and suffering it to be trampled under foot, by Papists, Atheists, prodigals, Delinquents. Antiparliamentaries, and Viperous Monopolists, and Projectors; we betray First, The Church to error, and heresy. Secondly, The State to ruin, and misery. Thirdly, The Parliament to blood, and cruelty. Fourthly, Ourselves to poverty and slavery. And therefore I may truly and boldly say, That it is those who desert the Parliament, who are the Principal causes of all the blood which is, hath, or shall beshed in this War, and of all the burning, plundering, ravishing, and thieving, wherewith the poor Subject hath, or shall be oppressed. Answ. 9 Ninthly, we may not vow (when things are come to maturity and height, and the cursed conception is come to a birth) desert and fall from our Parliament because there hath been long great jealousies, of some grievous mischief, to be intended against our Church and State, by those who are enemies to both. Here note, that the jealousies which men generally have had, that there was, and is still some design a foot, for the ruin and destruction of the Parliament, and of us through their sides, and of introducing, yea establishing of Popery, and of abolishing of Protestantisme in this Land, are these and the like: to wit, 1. That Army of 8000. Irish Papists, which was raised by the Lord Strafford, and ready to come over, either to further the War with Scotland, or (if that jar were composed) to join with the English Army against the Parliament. 2. The endeavours and courses which were taken, to bring our English Army out of the North, either to destroy the Parliament, or to awe and compel it, and take away the freedom of it. 3. The two Letters sent to Mr. Bridgeman, jan. 14. 1641. and to Mr. Anderton, which intimated some sudden, sad and sorrowful blow to be intended against the Puritans in and about the City of London; and declared many things of deep and dangerous consequence, which (considering many passages in the State since) seem not to be feigned or forged; but to foretell dangerous and devilish practices really intended against the City, Country, and Parliament, by the Popish Faction. 4. The accusing of the 6. worthy Members of Parliament, against whom (as yet) no proof hath been brought, nor no particular instances produced (as hath been again, and again promised) of any treachery treason or high and treacherous misdemeanours, practices or plots. 5. His Majesty's going into the House of Commons, attended neither with his ordinary Guard, only, nor Pensioners and Servants only but with divers Cavaliers armed who by their words and gestures shown themselves to be men of desperate resolutions and bend them upon some damnable, and bloody design. 6. The endeavours used to the Gentlemen of the Inns of Court. 7. The Rebellion in Ireland, which was raised for the diversion and interruption of the Parliament, for the weakening of our Land, by the maintenance of that, and for the strengthening of the Papists and Popish Faction with us. For when the English Protestants had been plundered, pillaged, subdued and slaughtered there, (as it was reported, confessed and acknowledged by divers of the Rebels, when they were taken) they should have come hither to have assisted our Papists and Malignants, to have done as much to and with us. 8. The calling in divers Cannoneers, and other Assistants into the Tower of London. 9 The making of Lunsford (a man of a known and notorious debached life and conversation) Lieutenant of the Tower; for he being so apt and fit a man for any desperate design, or devilish practice, and in that place, having so much command over the City, made all generally fear, that there was more mischief intended against the City, than did outwardly appear. 10. The selling of the Crown Jewels beyond the Seas, and buying therewith Field-pieces, Pieces for Battery, Culverings, Morter-peices, Carabines, Pistols, Warre-saddles, Swords and Powder, as appeared by the note of direction which was sent over, and found among the Lord Digbies Papers. Now although these were bought in June; yet we must imagine (as appears by the time when they were writ for) that they were bespoke, and that order was given for the providing of them long before. 2. The fortifying and guarding of Whitehall with Amuunition, in an unusual manner, and with men of turbulent spirits; for some of them with provoking language and violence abused divers Citizens passing by; and others with their swords drawn wounded sundry other Citizens passing by (who we unarmed) in Westminster Hall. 12. The drawing away of many Members of the Parliament, by Messages and Letters from the Parliament, That the Actions of both Houses might be blemished and reported to be the Votes only of a few, and an inconsiderable number, yea rather the Acts of a Party, then of a Parliament. 13. The force raised at York, and the Ammunition provided beyond Sea, for to be sent unto York that force being gathered (as was feared) to make an opposition against the Parliament, but evidently percieved to be employed for the protection, and support of Delinquents. 14. The multiplying of Papists in this Land of late days their frequent meetings at certain places in and about the City without control, the audaciousness of their Priests and Jesuits with us, notwithstanding our strict and severe Statutes against them, the residence of the Pope's Nunntio so long amongst us, the College of Capuchins in or ne'er unto Coven Garden, and the favouring and preferring principally such as were either Popish, or Armini●n, who in some points are true Cousin Germans. 15. Lastly his Majesty's absenting of himself from his Parliament, withdrawing from them thereby both his presence and influence. Here note That after the King was counselled, and persuaded hereunto, this his absence followed and attended with this Doctrine, again and again iterated, viz. That the King absenting; dissenting, and severing of himself from his Parliament, it was no Parliament neither had they any Power to dispose of any of the weighty affairs of the Kingdom; which dangerous Doctrine seems to have been taught by Court flatterers for these ends viz. 1. To discourage, weary and quite tyre out our courageous, and indefatigable Senate. 2. To divert, interupt and retard their consultations, and designs both for our own Reformation, and the subduing of the Irish Rebels. 3. To take off people's hearts from the Parliament, to stagger them in their obedience unto them, to cool their zeal for the preservation and defence of them, and to make them call in question all their proceed 4. To animate all those who stood disaffected to the Parliament, to show their disaffection, and opposion with more freedom and less fear. Tenthly, and lastly to this main question, whether the Parliament may be deserted or ought to be adhered unto, I answer that of (of necessity) some we must adhere and stick unto, that is either to the grand and known Counsellors of the Land, or to obscure and private Counsellors, that is either to the Parliament, or to the Cavaliers, Papists, Malignants, Delinquents and dissaffected Persons of the Kingdom. Now because Contraria jnxta se posita clarius ●lucescunt, contraries are best commentaries, we will look particularly upon both and consider the nature, ends and aims of both, and from thence conjecture whom we may best desert, and whom with most safety follow; and first I begin with the Cavaliers, and that side. First, in that side which consists of Cavaliers, Papists, Malignants, Delinquents, illaffected and Popishly affeted Persons, or (to term them only so) evil, private and obscure Councillors, we have these two things to observe, to wit; First, their intentions and endeavours: Secondly, their nature and ends. First, their intentions, endeavours and the fruit of their Counsels; for I conjoin them altogether. 1. Their intentions and endeavours were to raise Civil War, and that both first in Scotland, and afterwards in Ireland, and now in England; And 2. To persuade the King to rule by his own Will. The Lord Faulkland tells us, That the King was persuaded by his Divines that in conscience, by his Counsellors that in policy, and by his Judges that by law he might do what he list. Which doth directly labour to raze the very foundation of our well founded State, and to introduce and rear amongst us an Arbitrary Government. And 3. They endeavour to make division between his Majesty and his Parliament, (whom God and the Laws of this Land have united in so near a relation) as appears. First, By their endeavours and persuasions to draw the King from his Parliament, which they have effected now for a long time, and still continues his absence from them; although (I think) the most Shires in England have most humbly petitioned and besought Him to rejoice and revive all the drooping, dead and sad hearts of his People, by affording his much and long desired presence, unto his Parliament. If these Persons (whatsoever they are) who thus counsel the King to estrange himself from the Parliament, and to oppose and disgust all their Proceed, and designs, were but Masters of Hull, the Militia, and Navy, they would then quickly master both the Parliament and all the Kingdom; who could expect but bad quarter from such Masters, who by their counsels and endeavours to divide the King and Parliament show that they are neither friends to the Common wealth, nor favourers of the public safety; And Secondly, By their fear that the King should accord with his Parliament. For the Malignants and evil Counselors stand in great fear That his Majesty is too inclinable to an accommodation with his Parliament, which above all things they abhor fearing thereby to be undone, that is, to lose the spoil, pillage and possessions of this Land, which they have long since hoped for: whence they have solicited the Queen to dissuade the King by all means from such accommodation, hoping to obtain their desires (the ruin of this Land) by the Queen's interposing. See the Lord Digbies Letter to the Queen, March 10. 1641. and Mr. eliot's Letter to the Lord Digby. May 27. 1642. 4. They endeavour to cast aspersions upon the Parliament, persuading the People, That the Parliament would set up a Aristocracy, take away the Law, and introduce an arbitrary government; a report so false that no man of common sense or reason can credit it. 5. They have and do still endeavour and combine together to effect end work the ruin of the Parliament, or at least to force it, and by forcing thereof to cut up the freedom of Parliament by the root, and either to take all Parliaments away, or (which is worse) make them the instruments of slavery, to confirm it by Law, as the Parliament in Rich. 2nds. time did, when they found the King's anger against them, and feared the people's forsaking of them. See the Treatise called, The success of former Parliaments. 6. The fruits and effects of the intentions, and endeavours of those evil Counselors, have been nothing but contention, dissension, division, debate, decay of trading, and more misery than would fill a volume, if we should consider all the distractions distresses, dangers, fears, discommodities, hindrances, and losses, which both England, Scotland, and Ireland have felt, undergone, and sustained by their counsels, designs, and plots. And thus much for the Intentions, and endeavours, of evil counsellors, and the fruits, and effects of their evil counsels. Secondly, we have now to consider, the nature, and ends of these evil counsellors, who desert, and oppose the Parliament. 1. They are men of lost estates, and desperate fortunes; and these aim only at plundering, and pillaging, desiring to raise themselves by razing others, and to build not themselves upon their brethren's ruin. 2. They are Papist, and popishly affected persons. The Citizens of London (in their petition presented to the House of Commons, December 11. 1641. testify. That information is given to divers of them, from all parts of the Kingdom, of the bold and insolent carriage, and threatening speeches of the Papists. Now those aim either at the introducing and establishing of Popery amongst us, by the change of religion, or at least, at the gaining of freedom to profess, or an open to leration of their idolatrous, and superstitious religion. Which because they can never expect, nor hope for, from the Parliament, (which labours so zealously for the reformation of our Church, and the abolition of all popery, and popish innovations) they therefore join, and side with the former sort, which seek nothing but mischief and ruin. Or 3. They are Delinquents, Malefactors, and guilty Persons, who have by some plots, practices, monopolies, Projects, or otherwise, trespassed and transgressed highly against the Commonwealth for their own private advantage and profit. Now these hope, that by siding with the Cavaleirs and Papists against the Parliament, they shall be protected against it and the justice thereof. Or 4. They are the ministers of the Land, who are corrupt either in Life or Doctrine; that is, are either superstitious, ceremonious, contentious, covetous, Popish heretical scandalous in their lives and conversations of slothful in the discharge of the work of their ministry. Now these hope by siding with the former, to keep, and hold fast what they have fearing the justice of the Parliaments will (for their demerrits) deprive them of those spiritual or ecclesiastical dignities and possessions which they hold and enjoy; Or, 5. They are of that number of the Nobility or Gentry of the Land, whose lives have been very lose, & unbridled. Now these oppose the pious proceed of the Parliament, lest such restraint should be imposed upon them by that Reformation which is intended and endeavoured by Them that they may (without punishment) live as they list, have done and desire still to do; Or 6. They are ignorant Persons. Now there is a two fold ignorance viz. 1. Natural; now they are naturally ignorant who for want of knowledge understanding, and teaching are neither able to discern of the designs, and intentions, of the adverse Party, nor to foresee the miseries which will come upon them by aiding and assisting of, and siding with them: nor to know what is their duty and how fare and in what cases they may aid and assist the Parliament against some personal or verbal command of the King; And, 2. Affected: Now this mischevous, malicious, and affected ignorance is in those who will neither read, nor hear any thing which may inform them in the former particulars, viz. the nature intentions ends and fruits of evil counsels, and counsellors: and what is their duty in regard of the great counsel of the land. Or, 7. They are of that number of the Nobility, and Gentry, who seek preferment by betraying their Country, to serve, and be made subject to the Court. Or. 8. They are the allies, friends, acquaintance, and associates of some of the former; who although in themselves they stand not much disaffected to Parliaments, yet in regard of their friends, they leave it, and cleave unto them. Or, 9 They are timorous and fearful: who although they wish well unto the Parliament, yet they dare not show their affection, nor afford any aid unto them, lest thereby they incur some malice, or detriment through the King's displeasure, Or. 10. They are covetous, and desirous to keep their money, and means: and therefore (whatsoever their heart, and affections be unto the Parliament) they dare not show their approbation of their proceed, lest they should be wrought upon to supply them, and their wants, for the supporr of the State, their necessities, and occasions, in regard of th● land, being great, urgent, and pressing. Or, 11. They are Macchiavillians, and Polititions; who desiring with the Cat to fall on their feet, and to be free from blame and danger however the world wags, will neither side, nor support, neither aid, nor assist, either King or Parliament. Let us now seriously consider three things from what hath been said of the nature of this Side, or Party, viz. First. who are those evil Counselors which we must not adhere unto, but desert? It is denied, That there are any such about the King; but I conceive, what I shall say, will not be gainsaid, viz. If there be any about the King, who first move him to Civil wars, and secondly, persuade him to rule his people according to his own Will, or an arbitrary power, and thirdly, strive to divide, and estrange the King from his Parliament, and fourthly, cast (even in his ears) aspersions, and false calumnies upon his Parliament, and fifthly, labour to ruin, and destroy the Parliament, and sixthly, by their plots brings misery and confusion upon the whole land: none (I say) will deny, but these are evil and wicked Counselors, who deserve to be disclaimed, deserted, and left free, and laid open to the penalty of the law. Now that there are some such about the King, or in high favour, power and credit with Him, is more than evident (though I, and wiser than I, cannot particularly name them) for, 1. His Majesty professeth a detestation of war, and yet prosecutes it, which shows that some puts him upon it. And, 2. He protests to govern his people according to established law, and yet he hath been persuaded to an Arbitrary government, by them about Him, by many plausible, and fair seeming arguments, as Himself affirms in one of his Messages. And, 3. He solemnly professeth his love unto, and his care of, and his honourable respect to his Parliaments and their privileges, and preservation; and yet some hath withdrawn his person from the Parliament, and to himself, vilified the Parliament, yea have had plots upon the Parliament, and have laboured that in them, they might be countenanced, and protected by his sacred Majesty, And, 4. The King again and again calleth God to witness, the sincerity of his heart towards all his people, and how earnestly desirous He is that they may live happily, and prosperously under him; and yet by following the counsel of some, many, great, and long evils have pressed all the three Kingdoms of England, Scotland, and Ireland. And therefore it must needs be granted, That there are malignant Counselors about the King, who work much misery, and mischief, both to himself and his People; and that they cannot be unknown unto Him, if He would please to disclose, discover, and leave them to the just, and equal trial of the Lovers of the Land. Secondly, let us consider from this Army of Malignants, and mischievous Counselors, and party, what in all probability we may expect, and look for if they prevail against the Parliament. That is, if, 1. Men of desperate fortunes prevail, what can we expect but plundering and pillaging? And, 2. If Papists prevail, what religion but Popery? 3. If delinquents, what but oppression? 4. If bad Ministers, what but bad preaching, and ill practising? 5. If lose Gentry, what but profaneness? 6. If ambitious spirits, what but contempt, cruelty, and disdain? 7. If ignorant persons, what but their own selfe-wills? 8. If delinquents and malignants friends, what but such a measure as we find from delinquents, and malignants themselves? But from an Army consisting not of one, but of all these, what can we expect, but all these evils? and from the wickedness which will be committed by them, the heavy judgement of God to be hastened down upon us. Thirdly, let us consider, whether there be any the least probability of receiving any benefit, or profit, in any regard, from this Side or Party, if they should prevail against the Parliament. 1. Can we expect that the propriety of our goods shall be maintained, and preserved unto us, by men of decayed, lost, and desperate fortunes? Or, 2. Can we expect that the true orthodox Protestant Religion shall be maintained, and preserved, by heterodoxe, and heretical Papists? Or, 3. Can we expect to be preserved free from unjust impositions, and taxes, by oppressing Projectors, and Monopolists? Or, 4. Can we hope that our Parliament, priviliges will be preserved by Delinquents, and contemners of Parliaments? Or, 5. Can we expect the propagation of the Gospel, or that the sincere, faithful, painful, and profitable preaching thereof, shall be promoted by lewd, lazy, and corrupt Ministers? Or, 6. Can we expect that Piety, and the honour of God, shall be preserved in the land, by lose and profane Gentlemen, and Nobles? Or, 7. Can we expect that justice, just measure, and equity, shall be maintained by those who aim at nothing but their own gain, and greatness? Or, 8. Can we expect that our Laws shall be preserved inviolably, by those who are wholly bewitched with the love of an Arbitrary, Government? Sense, and Reason will tell us, that these things cannot be expected from those persons; neither that any good can come unto the Land from such an Army. I might conclude this last Answer, to that main Question, Whether the Parliament be to be obeyed or deserted? as I began it: to wit, Argum. To our Side of necessity we must adhere and cleave, that is, either to the evil, and obscure Counselors, or to the Parliament. But we must not adhere and stick to the evil and malignant ones, for those reasons specified before. Therefore we must adhere and cleave close to the Parliament. This argument (I say) together with what hath been spoken against the Malignant party, might be sufficient for the amplification of the last Answer: but as I have said something against the one party, so I will say something for the other, as I promised, for the better fastening and setting of the Truth home upon the heart, of whosoever will vouchsafe to excuse this Treatise. Secondly, in that Side, or party, which consists of the great, and grand Council of the Kingdom, I will (as in the other Party obserudivers things, for the amplification of this truth, That the Parliament ought not to be deserted, but obeyed, and assisted: to wit. 1. The ends of Parliaments. 2. Their necessity. 3. Their excellency. 4. Their utility. 5. The reason why we ought to believe ours. First, the ends of Parliaments are briesly these two: to wit. 1. That the interest of the people might be satisfied. 2. That the King might be better counselled. Secondly, the Necessity of this Parliament shows itself by the miserable and distressed condition wherein our Land was, and the multiplicity of aggrievances we groaned under; as is to the life declared, in the Parlioments' Remonstrance of the State of the Kingdom, set forth December 15. 1641. Thirdly, the Excellency of Parliaments is declared by his Majesty himself, who doth highly extol the constitution of this Government of ours, and especially the nature of our Parliaments, which consist of King, Peers, and Commons; acknowledging that the power which is legally placed in both Houses, is more than sufficient to prevent end restrain the power of tyranny. Which argues plainly, that there is much, and great power, (and that by Law) placed, and put into the hands of both Houses, or the Major part of both for the good, and preservation of Peers, and Commons, when the Commonwealth, or Whole is in danger, and the King being seduced by wicked Counsel, doth desert, and refuse to join with them in their own defence. For if they cannot do any thing (upon anp occasion, necessity, extremity, or danger, though never so evident, apparent, or urgent) without the King, than the sole power of managing the affairs of the Kingdom, doth even in arduis, in high, yea in the highest cases, belonging only unto the King; and nothing at all to either, or both Houses, except, or but what he alleages. That is, though the Land say a bleeding, and were invaded by Hosts, and Armies from abroad, and Papists, and Rebels at home (Ireland now is) and the King would make no provision against them, or, for the suppressing, and withstanding of them, the Parliament must sit still, and suffer all to be lost, and ruined, having neither power to raise, nor use any force without the thing. Fourthly, the Utility, and Benefit of Parliaments is great: and that both, 1. To Kings, and Princes; and that, 1. In regard of their reputation, same, and honour. Antoninus Pius is greatly renowned for communicating all weighty affairs, and following public advice, and approbation in all great expedients of high concernments; and He was more honourable, and prosperous therein, then was Nero, who made his own will his Law. And thus always those Princes have gained unto themselves most honour and renown, who were most willing and ready to listen to the Counsel of the Land in important affairs. And also 2. In regard of their Crown, state; for the Kings of England by this representative Body of their People, are always assisted, and that upon all occasions: as for example. First, If they lack money for any necessary occasion, the Parliament supplies them. Secondly, if they be invaded by any foreign or domestic foe, or force, the Parliament assists them. Thirdly, if they be injured, reproached or dishonoured by any potent person or Prince, the Parl. will vindicate and avenge them. All which were seen evidently in Q. Eliz. time, between her and her Parliament, And Fourthly, I may add, that none of our Princes were ever yet happy without the use of Parliaments: and therefore it is plain that they are beneficial & utile unto Princes, and consequently not to be deserted of subjects which are loyal to Princes. 2. As Parliaments are useful and utile to Princes, so they are also beneficial and profitable unto People: as appears by 3. particulars, viz. 1. Without Parliaments People have no possibility of pleading their own rights, & liberties, they being too confused a body to appear in vindication of their proper interests. Whence it comes frequently to pass, that what all should look after, no man does, and what is committed to no man thinks his own charge: and therefore some few chosen out by, and from amongst the People, to consider of their liberties, laws and grievances, must needs be very advantageous unto them. 2. As people cannot without confusion plead for themselves, so often the subordinate Magistrates, and judges of the Land (through fear, flattery, or private corruptions) do often betray the people's rights, by unjust sentences or verdicts: and therefore such Counselors as can have no private aims, or ends of their own; but are themselves involved in the same condition with the people, both in weal, and woe must needs be profitable for them. Yea, 3. By this present Parliament we have reaped already many great, and notable benefits; and therefore may conclude from our own ezperience, with a Probatum est, That Parliaments are beneficial to people. By this Parliament we are free from these two grievous arbitrary Courts, the high Commission: (the Purgatory of the Church) and Satr-chamber, (the terror of the Commonwealth) as also from the heavy burden of Ship-money, and the oppressions we groaned under by reason of Menopolies, and other illegal impositions, yea Bishops removed out of the House of Peers, who having their dependence upon the King, for the most part would side with him, in any thing, though it were adjudged by the Parliament to be destructive and hurtful to the Kingdom. This particular is so abundantly amplified, and that so truly, by the Parliament in their Remonstrance of the state of the Kingdom, set forth Dec. 15. 1641. that I will not enlarge it; but only conclude, that if the ends, necessity, excellency, and benefits of Parliaments be such as hath been showed, than They are worth standing for, and ought not to be deserted. Now Fiftly, we will take a short view of some particular reasons why we ought ta believe, & obey this our present Parl. and not relinquish it. viz. 1. Because they can have no by ends, nor base respects of their own: for if they aimed at promotion, preferment, and wealth, they might much easilier attain those, by complying with, then by opposing the designs and personal commands of the King. It is (or at least hath been) an approved Maxim, that a community can have no private ends to misled it, and to make it injurious to itself: and I never heard nor read so much as one story of any Parl. freely elected and held, that ever (for any ends of their own) did injure a whole kingdom, or exercise any tyranny over the land (but divers Kings have done sundry acts of oppression) for nothing can suit or square with the common Council, but only the common good, and therefore it is great reason that we should believe & obey them. And 2. Because no benefit at all can redound unto them by feigning, forging, or counterfeiting of false fires, fears, chimaeras, and dangers which are not. And therefore we may they better believe what they say. And 3. Because we never yet found them false unto us. It was the saying of one, If my friend deceive me once, I will blame him, but if twice, myself; meaning, that he would never trust him the second time, who deceived him once. Now charity persuades us to hope, and believe, where we see nothing to the contrary; and give credit to them in whom we never saw any designs or endeavours, to betray us, or our liberties, but rather always the contrary. And, 4. Because they know more than any one of us. Two eyes (we say) sees more than one; and the Parliament is the eyes, and the ears of the republic, and their information, conference intelligence, experience, knowledge, etc. doth afford unto them some sight and insight into all things, passages, occasions, affairs, negotiations, etc. both at home and abroad. And therefore it is not without cause, that we should believe them. And 5. Because they never shown any disloyalty unto the King, that ever yet was observed by the Commons or Commonwealth, whom they represent. We find in all their Petitions, royal expressions, humble suits, hearty entreaties unto his Ma: to comply with them for his own honour & safety, cordial Potestations of the sincerity of their intentions towards his Ma: and free and full promises neither to spare pains, purses, persons, nor estates, for the defence of his person, & preservation of his honour; yea unwearied & (beyond humane patience) continued supplications to his notice of personal imputations, yea reproachful aspersions, that hath been cast upon them; still taking (as much as possibly they can) all blame from his Majesty, and laying it upon his evil counsel. And 6. Because the King himself doth not accuse the Parliament, but only some few particular persons therein; and therefore that which comes, or is commended unto us by the whole Parliament, we may believe, and obey, his Majesty promising to protect them, and their privileges, and to except them in all his taxes, and accusations. And, 7. Lastly we may believe, obey, and adhere unto the Parliament, because the King of Kings seems to favour their proceed. How do we see the Lord blowing upon all the devices of their enemies, sometimes turning them back upon themselves, and sometimes turning their wisdom into foolishness. Or what counsels, what letters, what plots, and practices, what words, and passages, against Kingdom and Parliament, hath strangely been discovered, prevented, and come to light, to the joy and rejoicing of Parliament and people, and the terror and amazement of the contrivers, and authors of them. How extraordinarily hath the Lord assisted that honourable Assembly with zeal, courage, wisdom, discretion, prudence, moderation, patience, and constancy in all their consultations and desires? How hath the Lord preserved their Persons from imminent peril, and given them favour in the eyes of all Counties, notwithstanding the base, and bitter aspersions cast upon them by some? When they had cause to be discouraged, by reason of the strong opposition of Delinquents, and disaffected persons, what encouragments have they even then found, from the Petitions, Promises, and resolutions, of divers Shires? Wherefore, seeing these are blessings, and such as belong unto the godly, we may persuade ourselves, that the Lord seeing the sincerity of their intentions, doth in much mercy show his gracious acceptation of their zeal, for the good of our Church, King, and Commonwealth. I conclude this particular, if the Lord seem to say to our grave, and gratioos Senators, as he said unto Joshua, Iosh. 1.5, 6 There shall be none able to withstand you, because I will be with you, yea, I will not leave you, nor forsake you; therefore be strong, and of good courage: then let none who would be the Lords soldiers, and servants, desert the horsemen of Israel, and the Chariots thereof, yea the Lords Captains who fight his battles. And thus by a serious consideration of these grounds, we may easily conjecture, yea abundantly satisfy ourselves in this point, That the Parl. is not to be deserted, or forsaken by us. I proceed now unto the next Quaere, which is, Quest. 5 Whether may the King be disobeyed, and his commands withstood, or not? Whether He is to be opposed in his proceed by any command of the Parl. Or whether are we now to obey King or Parliament? Ans. 1 First, some Princes think, that they may lawfully do, whatsoever they have power to do, or can do; but the contrary seems truer (both by light of reason, religiou, & ●l power entrusted by law in the hands of any) viz. that Princes have no power to do, but what is lawful, and sit to be done. Ans. 2, Secondly, personal actions of superiors be disobeyed. The Gramarians say, Rex regis, à rego, the word King comes from Governing, because Kings are no other, but more high, and supreme Governors, and Magistrates. Now some hold (and I think warrantably) that if any Magistrate, or Judge, do pursue a man, not judicially, and by order of Law, but invade him by violence without any just cause against all law, that then in so doing he is to be held as a private person, and as such we may defend ourselves against him. As for example, a woman may defend herself own body against an adulterer, though a Magistrate. A servant may hold his Master's hands, if he seek to kill wife, or children in his rage. Mariners, and Passengers may resist him who stands at helm, if they see that he would run the ship against a rock; yea they might hold the Prince's hands, if being at the helm he misgoverns the ship, to theia certain shipwreck, without prevention, because by his so governing thereof, He hazards both his own life, and theirs, and they by holding of his hands, prevent both his, and their own ruin, (which seems to be our present case) and therefore, much more may the whole Body defend itself against any such unjust and unlawful invasion, as will endanger the safety, and welfare of all. Ans. 3 Thirdly, the King's personal, that is verbal commands, without any stamp of his authority upon them, and against the order of both Houses of Parliament, I imagive may be disobeied. For I do conceive that no lawyer will say, that suppose the King should take the broad Seal of England from the Lord Keeper, into his own hands, that all the writs whatsoever he should issue forth signed with his own hand, and sealed therewith, aught to be obeyed: for it is not the stamp and impression of the Seal which makes a thing lawful, but the Keeper thereof ought to be a Lawyer, and (by his place) should not for fear, or favour, sign any Writs there with, but such as are legal, and if he do otherwise, he is liable to be questioned, and censured by a Parliament. And therefore doubtless, when Writs and Precepts are issued forth without the broad seal, or without a regal, that is, legal authority (as of all the Writs and Commissions, for executing the Commission of Array, are, as is proved both by the Parliament and others) they may be disobeyed, and withstood, especially when they are destructive to the Commonwealth. Answ. 4 Fourthly, Princes by Parliaments may be withstood, when they desire, or endeavour those things, which tend to the envassailing of their people. Kings (we know) sometimes have loved their enemies more than their friends, and have marched forth amongst their enemies, to encounter with their friends. As for example, Richard 2. thought Spencor, and his confederates his best friends, though they were base sycophants, and bainefull foes, and conceited that his Peers (who were his loyallest Subjects) were the truest Traitors, And hence Princes being abused by the slattery of private persons (for some wicked ends of their own) have followed their private perverse counsels, before the grave, loyal and faithful advice of their sage Senate. Now that it is lawful for Parliaments to withstand Princes, who make unlawful War upon their people, is so evidently proved, by the Author of that lately come forth, and learned and pious Treatise, called, A Sovereign Antidote to prevent Civil Wars, Pag. 6, 7, 8, 9, etc. that at present I wholly silence it. Answ. 5 Fiftly, the matter with us is quite, and generally mistaken, and the Question altogether wrong stated, viz. Whether we should obey the King, or Parliament? for the King and Parliament are not like two parallel lines, which can never meet, nor like two incompatible qualities which cannot be both in one subject, nor like the Ark and Dagon, whom one House will not hold, nor like God and Mammon, which one man cannot serve; for by siding with, and assisting of the Parliament, in those things which are according to Law, we side with, and serve the King. Two things are here distinguishable, to wit, 1. In our obeying of the Parliament according to Law, we obey the King. This his Majesty grants, commands and commends, yea professeth, that he requires no obedience of us to himself, farther than he enjoins that which is Law, lawful and just, And, 2. In our obeying of the Parliament in this present Military and Martial design, we stand for the King, not against Him: that is, for the good of his soul, person, estate, honour and posterity; of which a word or two severally. 1. They stand for the Soul of their Sovereign, who withstand him (having a lawful call, and warrant thereunto) from doing those things which (if he do) he can never justify in the Court of Conscience, nor at the great chancery day of Judgement, but must sink under the sentence of condemnation, for those unlawful, and unjustifiable facts. And therefore the Parliament (and we in obedience unto Them) are friends unto the Soul of our dread Sovereign, in not obeying, aiding and assisting of Him, to make unnatural, unlawful and unwarrantable Wars, upon his Parliament and people, which can never be defended, or justified, before or unto God, to whom the Mightiest, as well as the meanest, must give a strict account of all their actions at the last day. And 2. They stand for the King's Person, who obey, join and side with the Parliament. His Majesty's Person is now environed by those, who carry Him, (as far as the eye of humane probability can see) upon his own ruin, and the destruction of all his good people: which the Parliament seeing, they labour to free him from such false hands, by this twosold means, viz. 1. By persuading, beseeching and most humbly soliciting his Majesty to forsake them, and to rejoice and make glad the hearts of his Parliament and People, by conjoining himself with Them. But this request, suit and supplication will not yet be granted, though with much importunity and many loyal expressions desired. And 2. By labouring to take his evil Councillors from Him, they being confidently assured, and piously persuaded of the King's sweet disposition and readiness to comply with them, in any thing which might conduce to the good, either of Church or Commonwealth, if he were not overswayed and deluded by the feigned flattering and crafty counsel of those about Him, who look with a sinister eye upon our State. Now this seems to me to be all that is aimed at, in this present Military and Martial design: for the Parliament do not purposely, and in their first intentions, intent by their Soldiers to cut off any (for if any be slain by them, it is by accident) but to preserve and keep the peace of the Kingdom, to maintain the privileges of Parliament, the Laws of the Land, the free course of Justice, the Protestant Religion, the King's authority and Person in his royal dignity, and to attach, arrest and bring such as are accused, or imagined, to be the disturbers and firebrands of the Kingdom, unto a fair, just, equal and legal trial, which no man can think unlawful in our Lawmakers. And therefore both Senators and Subjects in the prosecution of this Design, stand for the safety of their Prince's Person. And 3. They stand for his State, Wealth, Honour and reputation, for I conjoin all these together. Kings acquire and accumilate more honour, respect, wealth and power, by their meekness towards, tender love of, and vigilant care for their Subjects, and their safety (as we see in Qu: Elizabeth and Tiberius, so long as he was such) then by tyrannising over, and cruelly oppressing and handling of them, as we see in Caligula. If our gracious Sovereign, would be but pleased, to consider the honour and prosperity which his predecessors have enjoyed, by following the Advice of their Parliaments, and the dishonour our Nation hath in divers designs received abroad, and the grievous troubles, vexation and discord we have had at home, since Parliaments have been disused, and laid asleep, he would then certainly see, that they seek his wealth, honour, reputation and welfare, who desire to reconcile and conjoin him unto his Parliament, and advise him to govern his people by Parliaments, and endeavour to free him from the power, and hands of those, who being themselves, desire likewise to make him, an enemy unto Parliaments. And 4. They stand for his Posterity: For as evil gotten goods slip and waste away, and seldom continue to the third generation: so Kings cannot be sure that their Posterity shall peaceably and successively enjoy their Crowns, except themselves rule and govern according to Law, righteousness only establishing the Crown and Throne, both upon Princes and their Posterity. And therefore they who assist not the King, in those things, ways and courses, which are illegal, grievous, yea destructive to the Commonwealth, are His children's and Posterities best Friends. I conclude this Question, with this Argument, Arg. Those who labour with their lives and estates, to defend and maintain the King's Soul, Honour, Reputation, Wealth, Person and Posterity, obey and stand for Him. Quest. 6 But the Parliament, and all those who side with them in this present design, labour with their lives and estates, to maintain and defend the King's Soul, Honour, Reputation, Wealth, Person and Posterity. Therefore the Parliament, and all those who side with them in this present design, in so doing, obey and stand for Him. It should seem by what hath been spoken, That neither Parliament nor People, doth intent the least indignity, dishonour or disloyalty to the King: and it is most perspicuously and clearly to be seen, in all the Kings gracious Messages and Declarations, That he hath no design upon his people or Parliament, neither intends any harm, opposition or oppression unto them, but professeth to rule them according to Law and equity: How then comes it to pass, that either the Parliament will not or dare not confide in the King? Answ. 1 First, it is because they see that some about the King, are potent with Him, who affect not the Parliament, nor their proceed, have that influence in his counsels, and are so predominant and prevalent with Him, that they have often varied and altered him, from his words and promises. It is a Maxim in Law; The King can do no wrong; for if any evil act be committed in matter of State, his Counsel, if in matters of Justice, his Judges must answer for it: and therefore I will not lay any fault upon the King, but rather impute the faults which have been of late obvious to many, unto some about him, or in great favour with him. Great discouragements (I grant) the Parliament in their proceed have had from the King, but I dare not imagine that they came originally and primarily from Him, but from some about him, in regard of that vast difference, which is between his words spoken to his Parliament, with his own mouth, when he was with them, and the Messages sent unto, and the heavy charges laid upon them, in his Letters and Declarations, now when he is absent from Them. He said once, That in the word of a King, and as He was a Gentleman, he would redress the grievances of his people, as well out of the Parliament, as in it. Again, That he was resolved to put himself freely and clearly upon the Love and affection of his English Subjects. Again, we do engage unto you solemnly the word of a King, that the security of all, and every one of You from violence, is, and ever shall be as much our care, as the preservation of us and our children: And yet what actions and passages have of late fallen out, quite contrary to all these expressions? the Parliament and all who side with it, assist it, or obey it, in any of the Commissions or Orders thereof, being assaulted, opposed, yea now at last proclaimed Traitors. Again, his Majesty doth profess the detestation of a Civil War, and abhors (as he saith) the very apprehension of it. But this mind neither seemed to be in them, who came with his Majesty to the House of Commons, nor who accompanied him to Hampton-Court, and appeared in a warlike manner at Kingston, nor in divers of those who have been with him and employed by him at York, Hull, Leicestersheire, Lancashiere, Sommerset-sheire, Northamptonsheire, and other places. And therefore we must needs conceive, that the King is put upon these courses and ways by his evil Counsellors, and consequently, that the Parliament cannot confide in his words and promises, until those Councillors be put from him, or forsaken by him. And Answ. 2 Secondly, because of that trust which is reposed in them. I dare boldly say, That if the King should take, or make those Protestations, which he makes in his Messages and Declarations, unto any one of the , for the performance of any promise either unto them or theirs, which did simply and solely concern themselves, they would believe and obey him, and without any further question confide in him, but they cannot do this in the case, and place, wherein they are. The trust reposed by the people in the Parliament, is as well to preserve the Kingdom by making of new Laws, when and where there shall be need, as by observing and putting the Laws already made, in execution: And therefore in regard of this trust, they dare not hazard the safety, preservation, and sole managing of the Land to his Majesty alone, upon his bare word; because if after such confiding of theirs in the King, upon his faithful promise unto them, he should be over-swayed, and seduced by some wicked Counselors, to lay some illegal impositions, taxations and burdens upon his people (as he did soon after the granting of the Petition of Right unto the Subject) the Kingdom than would (and might justly) blame them as the Authors of their grievances, that had so lightly given away their liberties and freedom, by subjecting them to an arbitrary power. And indeed, if we will but consider it without passion and partiality, the case is no other but this, if the Parliament should wholly confide in the King's words and Promises, than there were no more requisite in them, than this, to make a Declaration unto his Majesty of the grievances, burdens, annoyances and illegal proceed in all, or such and such Courts or Persons, to the great oppression and heartbreak of the Subject, and having so done, to obtain some serious Promise and Protestation, from the King to take-off all these pressures, and to be careful for the future, that no such shall be imposed upon them, and then to confide in the King, and to breake-up the Parliament, and repair every one to his own house. Now if Sense, Reason, Experience and Knowledge will tell us that this is fare from, or comes fare short of the true nature, and duty of a Parliament, then let us think that it is reason (as the case now stands) that the Parliament should not confide in the King. And An. 3 Thirdly, because it were very dangerous for the time to come. Admitting our present Sovereign were as prudent as Solomon, yea as pious as David (yea like him, a man after Gods own heart) yet it were dangerous for the Parliament so to confide in him, that they should trust the managing of all the great and weighty affairs of this Kingdom wholly and solely unto him, and consequently granting him an arbitrary power, to rule us, according to the dictates of his own conscience, or as the Lord should move and persuade his heart. This (I say) is not safe, because if they grant, give or settle this Power upon him, as King of England, than all other succeeding Kings will challenge and claim it as due; (or think they are not respected as their Predecessors) whence if any of them prove Tyrants or tyrannous oppressors, we shall be most miserable and wretched slaves. Ob. Some perhaps may here object, that although Princes should not use their absolute power by doing always what they list, yet they ought not to be circumscribed, limited, or restrained in their Government, by any tie or obligation of Law. An. 1. First, it is much better (considering the corruption of our nature) to be withheld by some restraints of Law and covenant, from that which is evil, and which we cannot justify before God in the Court of Conscience, then to be boundless, lawless and left to live as we list, and to do whatsoever seems good in our own eyes. An. 2. Secondly, this also is better for others: for as the Crane had better to keep his head out of the Wolves mouth, then to put it into his mouth, and then stand at his mercy, whither he will by't off his neck or not, so it is better for every wise man, rather to keep and preserve those immunities, freedoms, prerogatives, and privileges, which God, and nature hath given unto him, for the preservation, prosperity and peace of his posterity, person and estate, then to disenfranchize himself and to relinquish and resign all into the hands of another, and to give him power either to impoverish or enrich, either to kill him, or keep him alive. Quest. 7. I come now unto the last Question, which is this; suppose things come unto this height and issue, that the King will have the Parliament to confide in him for all they desire of him, or otherwise he will by wars labour to have his will of them, then whether is it lawful for them by war to withstand him? Briefly, whether is this Marshal and Military design, undertaken by the Parliament, against that party which is owned and aided by the King, lawful or unlawful, and consequently whither may, and ought we to assist them or not? An. 1. First in general, I answer concerning means, by these Propositions; to wit, 1. Means must be used for preventing, and removing of all temporal evils. 2. The means to be used for the removal of temporal maladies must be always lawful: for we must never do evil that good may come thereof. 3. The means to be used must be always conformable, answerable and suitable to the malady; as for example, a man must not take a sword to quench a sire, nor think to defend himself against an armed foe, (who comes with his Sword drawn, or musket charged, or pistol cocked to take away his precious life) with fair words; but must consider what remedy, or means is most proper for the preventing of the evil feared. Now there is no means better against offensive wars then defensive. An. 2. Secondly, I answer in general again, concerning Actions, by two Propositions, to wit, 1. That which is not lawful for a private person to do, is lawful for a public; as for example, it is not lawful for a private person to take away the life of one, whom he knows to have rob, or murdered some one or other, but it is lawful for the Judge upon the Bench, upon good proof, to do it. 2. That which is not lawful for a private person in his own particucular cause, is lawful for him in a public: as for example, had Faux been ready to have given fire to his train, when the Parliament had been full, and in the very instant had fallen by a private man's Sword, that act had not been punishable, but praiseworthy; but it is not lawful for a private man to take away the life of one, because he sees, or knows that he intends some mischief against his neighbour or acquaintance; but is bound only to endeavour to hinder, and prevent it, or, at least not to fall upon him, except he can by no other means prevent the death and preserve the life of his brother; and neither is this (I think) lawful in all cases. 3. That which is not lawful for a private and particular man to do upon his own head, is lawful for him to do being commanded by authority; as for example, if it be not lawful for Sir John Hotham to shut the gates of Hull against the King, of his own accord, yet it is lawful being warranted, and commanded by the Parliament. If it be not lawful for the Earls of Essex and Bedford, to take up arms to suppress that party which oppresseth the Kingdom, of themselves, yet it is lawful, by the Order and Commission of Parliament; as is proved by the sovereign Antidote to appease our civil wars. An. 3. Thirdly, if his Majesty passed an Act, not only of Oblivion, but of Justification, to our Brethren of Scotland, for their Wars, or for taking up weapons against his instruments; then I cannot see wherein, or how our defensive Arms should so much differ from theirs, that they in so doing should be loyal Subjects, and we disloyal Traitors. Answ. 4 Fourthly, a Necessary War must needs be lawful; for the power and force of Necessity is such, that it justifieth actions otherwise unwarrantable. The transcendent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of all politics, or the Law Paramount, which gives Law to all humane Laws whatsoever, is Salus populi, The safety of the people: and this Supreme Law of Nations, Salus populi, hath its immediate rize from the Law of Nature, which teacheth every worm, much more a man, and most of all a whole Nation, to provide for its safety in time of necessity. It is not always lawful for us to kill those who stand at our doors, or who would keep us from coming out of our doors: but if our houses be blocked up, and we so hindered from commerce with others, or from seeking relief for the sustentation of our own lives, that we and ours are in danger to famish, it is lawful then to issue forth with the forces we can make, to fight ourselves free: how much more lawful than is it to sight for the liberty and preservation of a Church and State? It seems evident by the clearest beams of humane reason, and the strongest inclinations of nature, That every private person may defend himself, if unjustly assaulted, yea even against a Magistrate, or his own Father, when he hath no way to escape by flight: much more lawful than is it for a whole Nation to defend themselves against such Assassinates, as labour to destroy them, though the King will not allow them defence. Let us consider the miseries, and heavy burdens which we must lie under, if we undertake not this defensive Way, and that will show us the Necessity thereof. Now the evils which we are in danger of, are of that nature, that if they should fall upon us (which the Lord in mercy forbid) we would think, that it were better for us to have no being, than such a miserable being. The present Case seems to many, who see throughly into things, to be threefold. viz. 2. Whether Popery or Protestanisme? and this doubt arises from the King's Assistants and Agents, in his designs, or some who are in near trust, and of great power with his Majesty, who (for the most part) are either of no Religion, or of any Religion, or of the Popish Religion, or popishly inclined and effected. And 2. Whether slavery or liberty? and this doubt arises from the doctrines, counsels and persuasions of those about the King, who persuade Him that it is lawful for him to do what he list. And 3. Whether estates or none? and this doubt arises from some speeches fallen from some in place and authority; that all we have is the Kings; that when there is necessity he may command of, or take from us, what he please; and that he alone is the sole Judge of this necessity. The Case being thus with us, it seems unnatural, that any Nation should be bound to contribute its own inherent puissance merely to abet tyranny, and support slavery: that is, to fight themselves slaves, or, to afford aid, assistance and succour, either with persons or purses to those who desire and endeavour to introduce popery and heresy into their Church, and to bring themselves into such slavery and bondage, that they may tyrannize over them at pleasure. And thus the Necessity of this War shows the lawfulness thereof. Answ. 5 Fiftly, Defensive Wars are always held lawful. Now the nature and quality of our War is defensive, and so the more justifiable. For 1. The King's Majesty misled by Malignants, and malevolent Persons made preparations for War, before any such thing was thought upon by the Parliament. And 2. We intent not the hurt of others, but our own peace and preservation; the design being but to suppress riots, to keep the peace, and to bring Delinquents to a fair, just and legal trial. And 3. Our Arms will be laid down, as soon as we are assured of a firm peace, and to be ruled as becometh a free people, who are not borne slaves. Sixtly, we may guess at the nature of this Defensive War, An. 6. by divers particulars; as namely, First, by the Persons against whom this Design is undertaken, which is not the King (as was proved before, and shall be further enlarged by and by) but the Malignants of the Kingdom, which we labour to suppress, and to bring to punishment in a legal way. We go against the Troublers of Israel, the firebrands of Hell, the Korahs', Balaams, Doegs, Rabshakaes', haman's, Tobiahs and Sanballats of our time. And Secondly, by the Persons most favouring, and furthering of this Defonsive war, who are in every place, those who stand most cordially affected to the good of the Commonwealth, and most sincerely addicted to the purity of the Church, and the entire profession and practice of Religion. And Thirdly, by the mercy and favour of God towards the Parliament, the principal Agents and Authors of this Design. If we consider, 1. How the Lord preserved their persons, from the malicious intentions of the Cavaliers, when they went to the very door of the House. And, 2. How He discovered the plots and practices which were intended for the bringing up of the Army out of the North against Them. And 3. How He directed them in their settling of Hull, the Militia and Navy, when things were almost come to their height. And 4. How he hath from time to time, and still doth encourage them with, or by the Love, Loyalty, Fidelity, Faith and firm Resolutions of the most part of all Counties, to stand and fall, live and die with them. And 5. How hitherto He hath extraordinarily turned all the plots of their enemies against themselves, and produced effects quite contrary to those they intended, and frustrated all their hopes. If (I say) we consider these things, we cannot but say of the Parliament House, and Parliament-men, Surely God is in this place, and in the midst of you, and present with you, and precedent amongst you; and we confidently hope, that the Lord will preserve and keep you, and finish the work he hath begun by you, to your comfort, His glory and our good. And Fourthly, we may guess at the goodness of the Design, by the time, when it was undertaken; for it was not begun until all other Means failed; and therefore may be called, ultimum & unicum remedium, the last and only means left. The old Rule was observed by them, Non recurrendum est ad extraordinaria, inijs quae fieri possunt por ordinaria, they tried all fair and ordinary means, and never had recourse to extraordinary and extreme courses, until no other would prevail. We and They have again and again petitioned the King, but cannot prevail; and therefore all other politic means failing us, we ought generally (seeing the misery which is threatened is general) to join heads, hearts, hands and estates together to sight for our King, Country, Parliament, selves, Religion, Laws, Liberties, lives and all that is ours, because now all is at stake. And Lastly, we may clearly see the lawfulness of this Defensive war, if we but look upon the Causes and Ends thereof, which are many, as namely, 1. The glory of God. 2. The good of the Church. 3. The propagation of the Gospel. 4. The peace of the Kingdom. 5. The prosperity of the Commonwealth. 6. The maintenance of the King's honour, authority, and person, in his Royal dignity. 7. The liberties and immunities of the Commons. 8. The preservation of the representative Body of the Realm. 9 The Privileges of Parliament. 10. The Laws of the Land. And 11. The free course of Justice. But I will reduce all these to four Heads: to wit, God's Glory, the King's honour, the Parliaments safety, and the Kingdom's preservation. First, This Defensive war is undertaken by the Parliament for God's Glory, and the maintenance of true Religion. Now we may, yea ought to fight, to maintain the purity and substance of Religion, that it may neither be changed into the Ceremonious formalities of Popery nor our consciences brought into the subjection of Romish and Antichristian slavery. Secondly, This Defensive war is undertaken by the Parliament for the King's honour and safety. Now we are bound by the duty of allegiance to defend and maintain the King's person, honour and estate: and therefore, 1. It is our duty to labour by all lawful means to free his Person from those Assassinates, who violently (by their wicked council, assistance, and persuasion) carry him upon his own danger and the destruction of his liege and most loyal Subjects. And 2. It is our duty to labour to maintain the King's honour; and therefore when he is overruled by those, who (through their subtlety) work so upon his mild and pliant temper, that they make him appear to his Subjects, yea foreign Nations to be a Defender of Delinquents and evil Counselors, against his loving Subjects and loyal Parliament, which tends infinitely to his dishonour: it is then our duty to labour to unwind and disentangle him from their practices, or by force pluck away their Persons from about Him. And 3. It is our duty to maintain his Majesty's estate. Now as the Lord Burleigh would often say to Q. Elizabeth, Madam, get but your Subject's hearts, and you need not fear their purses; so I may say, that the love and affection of the King's Subjects (which his Parliament labours to enrich him withal, and to possess him of) will be more advantageous unto him for matter of estate, than all the Prerogatives and Privileges, which his obscure Counselors persuade and endeavour so much for, against the will and welfare of his people. And if we compare our Q. Elizabeth (who would have nothing, but by and from the Parliament, with the love and affection of her people) with the king of Spain, who by an arbitrary power tyrannizeth over his Subjects, we shall then see, as clear as the Sun, that where Princes by joining with Parliaments, labour to unite, the hearts, and affections of their people unto them, there riches abound more, both with Prince and people, than in those Kingdoms where all cruel courses are taken by the King, to impoverish the Commons. Thirdly, this Defensive war is under-taken by us, at the Parliaments command, for their safety. Now both Reason and Religion will teach us, that if our pious Parliament and sage Senate, for the maintaining of our lives, liberties and laws, and in, or for opposing of itself (not against the King's Person, honour or estate, but) against his affections misled by evil Counselors, shall be exposed to danger, dissolution or death: than it is our duty by defensive War, to withstand that power, or force which is levied against them. Fourthly, this Military Design is undertaken for the Kingdom's preservation. Now both the Laws of God and man (as is against all contradiction proved in the Treatise, called, A Sovereign Antidote to prevent and appease our civil wars) will bear us out, for taking up Defensive Arms for the safety of out Kingdom and Commonwealth. That is, if we see endeavours and designs afoot, for the reducing of the Government of this Kingdom, to the condition of those Countries, which are not governed by Parliaments and established Laws, but by the will of the Prince and his Favourites; than it is lawful for us to assist the representative body of the Land (whom we entrust with our laws and liberties) against those who resist and oppose them, that they may the more easily prevail against, and make good their designs upon us. And therefore although we will never cease to sue unto the King, and humbly to supplicate the King of Kings, for peace and unity, yet if we cannot obtain it, without the dishonour of God, the loss of our Religion, Privileges, Liberties and Laws, the endangering, yea exposing of our most faithful Parliament, to imminent peril, and the hazard of his Majesty's Person, honour and estate; we may then with the peace of God, his holy Angels, and of our own consciences take up Arms for the Defense of all these. FINIS.