of are of that nature that if they should fall upon us which the Lord in mercy forbid we would thinke that it were better for us to have no being then such a miserable being The present Case seemes to many who see throwly into things to be threefold viz. 2. Whether Popery or Protestanisme and this doubt arises from the Kings Assistants and Agents in his designes or some who are in neere 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 perswasions of those about the King who perswade Him that it is lawfull for him to doe 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 seemes unnaturall that any Nation should be bound to contribute its own inherent puissance meerely to abet tyranny and support slavery that is to fight themselves slaves or to affoord aide assistance and succour either with persons or purses to those who desire and endeavour to introduce popery and heresie 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 Warre shewes the lawfullnesse thereof Answ 5 Fiftly Defensive Warres are alwayes held lawfull Now the nature and quality of our Warre is defensive and so the more justifiable For 1. The Kings Majesty mislead by Malignants and malevolent Persons made preparations for Warre before any such thing was thought upon by the Parliament And 2. We intend not the hurt of others but our own peace and preservation the designe being but to suppresse riots to keep the peace and to bring Delinquents to a faire just and legall tryall And 3. Our Armes will be laid down as soone as we are assured of a firme peace and to be ruled as becommeth a free people who are not borne slaves Sixtly we may guesse at the nature of this Defensive Warre An. 6. by divers particulars as namely First by the Persons against whom this Designe is undertaken which is not the King as was proved before and shall be further enlarged by and by but the Malignants of the Kingdome which we labour to suppresse and to bring to punishment in a legall way We goe against the Troublers of Israel the fire-brands of Hell the Korahs Balaams Doegs Rabshakaes Hamans Tobiahs and Sanballats of our time And Secondly by the Persons most favouring and furthering of this Defonsive warre who are in every place those who stand most cordially affected to the good of the Common-wealth and most sincerely addicted to the purity of the Church and the intire profession and practise of Religion And Thirdly by the mercy and favour of God towards the Parliament the principall Agents and Authors of this Designe If we consider 1. How the Lord preserved their persons from the malicious intentions of the Cavaliers when they went to the very doore of the House And 2. How He discovered the plots and practises which were intended for the bringing up of the Army out of the North against Them And 3. How He directed them in their setling 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 firme Resolutions of the most part of all Counties to stand and fall live and dye 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 president 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 guesse at the goodnesse of the Designe by the time when it was undertaken for it was not begun untill all other Meanes failed and therfore may be called ultimum unicum remedium the last and only meanes 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 extreame courses untill no other would prevail We and They have again and again petitioned the King but cannot prevail and therfore all other politique means failing us we ought generally seeing the misery which is threatned is generall to joyn 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 cleerly see the lawfullnesse of this Defensive warre if we but look upon the Causes and Ends therof which are many as namely 1. The glory of God 2. The good of the Church 3. The propagation of the Gospell 4. The peace of the Kingdome 5. The prosperity of the Common-wealth 6. The maintenance of the Kings honour authority and person in his Royall dignity 7. The liberties and immunities of the Commons 8. The preservation of the representative Body of the Realme 9. The Priviledges of Parliament 10. The Lawes of the Land And 11. The free course of Justice But I will reduce all these to foure Heads to wit Gods Glory the Kings honour the Parliaments safety and the Kingdomes preservation First This Defensive warre is undertaken by the Parliament for Gods Glory and the maintenance of true Religion Now we may yea ought to fight to maintaine 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 warre is undertaken by the Parliament for the Kings honour and safety Now we are bound by the duty of allegiance to defend and maintaine the Kings person honour and estate and therefore 1. It is our duty to labour by all lawfull meanes to free his Person from those Assassinates who violently by their wicked councell assistance and perswasion carry him upon his owne danger and the destruction of his liege and most loyall Subjects And 2. It is our duty to labour to maintaine the Kings honour and therfore when he is over-ruled by those who through their subtilty work so upon his mild and pliant temper that they make him appeare to his Subiects yea forraigne Nations to be a Defender of Delinquents and evill Counsellours against his loving Subiects and loyall Parliament which tends infinitely to his dishonour it is then our duty to labour to unwinde and disentangle him from their practises or by force plucke away their Persons from about Him And 3. It is our duty to maintain his Maiesties estate Now as the Lord Burleigh would often say to Q. Elizabeth Madam get but your Subiects hearts and you need not feare their purses so I may say that the love and affection of the Kings Subjects which his Parliament labours to enrich him withall and to possesse him of will be more advantagious unto him for matter of estate then all the Prerogatives and Priviledges which his obscure Counsellours perswade and indeavour 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 cleare as the Sun that where Princes by joyning 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 Kingdomes where all cruell courses are taken by the King to impoverish the Commons Thirdly this Defensive warre 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 lawes and in or for opposing of it selfe not against the Kings Person honour or estate but against his affections mislead by evill Counsellours shall be exposed to danger dissolution or death then it is our duty by defensive Warre to withstand that power or force which is levied against them Fourthly this Military Designe is undertaken for the Kingdoms preservation Now both the Laws of God and man as is against all contradiction proved in the Treatise called A Soveraigne Antidote to prevent and appease our civill warres will beare us out for taking up Defensive Armes for the safety of out Kingdome and Common-wealth That is if we see indeavours and designes a-foot 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 then it is lawfull 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 prevaile against and make good their designes upon us And therfore 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 losse of our Religion Priviledges Liberties and Laws the endangering yea exposing of our most faithfull Parliament to imminent perill and the hazard of his Majesties 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
THE VINDICATION OF THE PARLIAMENT And their Proceedings OR Their Military Designe prov'd Loyall and Legall A Treatise wherein these things are ingeniously and sincerely handled to wit 1. That the MILITIA as setled by the PARLIAMENT is lawfull 2. That it is lawfull for us to obey it so setled 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 WARRE of Theirs is indubitably justifiable Pulchrum pro Patria mori LONDON Printed in the Yeare MDCXLII The Vindication of the PARLIAMENT and their PROCEEDINGS THe maine thing now looked upon What is now principally enquired after and pried into by all eyes is the nature of this present Martiall and Military Designe undertaken by the Parliament Now although much hath beene writien by many upon this Subject yet divers well disposed and well affected persons are very unsetled and unresolved what to thinke thereof and the Reasons hereof I conceive to bee 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 downe onely the particular Head by way of assertion without either amplification application or proofe whence he who is not informed or thorowly insighted into the truth and nature of that which is affirmed is ready to conclude it a fallacie Petitio quaesiti dare not beleeve it upon the Authors 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 cleare as ther owne 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 helpe both the memory and vnderstanding so immethodicall discourses doe confound both understanding and judgement 4. That sleight and superficiall kind of writing which others have who never searching themselves into the depth life and bottome of the point in hand leave their Reader just so wise as they found him 5. That timerous and halfe handling of the case in controversie 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 scratcht face dare not say what they can may should or ought of the point for the full satisfaction of their Reader â—aving him by this means altogether without light in the most materiall things which he undertakes to instruct him in And therefore because I will never refuse to sacrifice my life much lesse spare any paines for the welfare safety and prâ—â—â—â—vation of my Countrey the preventing of these Civill wars threatâ—â—â—â— composing of our present distractions and the satisfaction of tender consciences to the utmost of my ability I have with what brevity sincerity plainnesse and clearnesse possibly I could declared unto all who desire to be satisfied what they may conceive and imagine of the true nature of the present Designe of the State and condition wherein we aâ—â— and what seemes to be intended and aimed at by both Siâ—er I will not trouble my selfe to search Record nor presume to expound and interpret Lawes being no Lawyer but only slow the lawfulnesse of this Designe as farre 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 Kingdome 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 quaere's are ordinarily made The setling of the Militia lawfull to wit 1. Whether it be lawfull for the Parliament to settle it without the Royall assent 2. Whether it be lawfull for us to obey it so setled by Them Quest 1 First it may be demanded Whether was it lawfull for the Parliament to settle the Militia which is made the cause of all our present distractions and dangers or not without the Kings Royall assent Answ 1 First they did it not without asking his permission and leave for considering the necessity of putting the Kingdome into a Posture of defence both in regard of Forreigne and Domestick Forces and Foes they addressed themselves to his Majesty desiring him so to order and dispose of the Militia of the Kingdome as it was agreed upon by the wisedome of his great and grand Councell whose counsell above all others Kings in Parliament time have and ought to embrace and follow And therefore we may imagine that to be lawfull which our best Lawyers yea Law-makers did so earnestly sue and sollicite for Answ 2 Secondly the Parliament continuing their humble supplications unto the King his Majestie 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 shewes evidently That there was nothing unlawfull in the substance of the thing desired His Majesty himselfe not excepting against that but at the most that somthing 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 Kingdome That the strength of the Kingdome should rather be ordered according to the direction and advice of the Great Counsell of the Land equally intrusted by the King and Kingdome for the managing of the great affaires thereof then that the safety of the King Parliament and Kingdome should be left at the devotion of a few unknowne Counsellours many of them having not beene at all formerly intrusted by his Majesty in any publike office or service nor confided in by the Common-wealth 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 evill counsels given unto Him and their small love respect and care shewed towards Them the Parliament dare not confide in and therefore onely place it upon other Ministers whom they have no cause to suspect nor against whom when they
were nominated to his Majestie He did except Answ 5 Fiftly the Parliament long since saw and still sees as themselves affirme the Kingdome 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 necessitie of putting the Kingdome into a posture of defence for the safeguard both of his Majestie and people and in all probability and likely hood if the Militia at Land and the Navy at Sea had not been setled in sure hands when they were we had ere this been exposed to the practises of those who thirst after the ruine of this Kingdome 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 supreame Law it must needs be lawfull for the Parliament to settle the Militia in case of such necessitie Answ 6 Sixtly the power given to those in whose hands the Militia is placed by the Parliament is onely to suppresse Rebellion Insurrection and forraigne 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 beene taken by his Majestie 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 Common-wealth intrusts the Parliament to provide for their weale not for their woe and that this Parliament thus intrusted by the People did by a Law intrust the King with the Militia to wit for the weale of the Common-wealth not for the woe thereof and that this is implyed in that Act or Grant though not exprest no Royalist I perswade my selfe will question or deny And therefore I. If the Kings desire and royall 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 Councell the Parliament then the difference who shall establish the Militia is but a kinde of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or contention about words or a ceremony or a quarrell who shall have their will when both purpose and resolve one and the same thing which is to weake a ground and too triviall a cause to draw that ruine desolation and destruction upon us which must inevitably fall upon and ceaze us if these Civill wars which threaten us and hang over our heads be not prevented But Answ 8 II. If which God forbid the King should intend and endeavour by the setling of the Militia to enslave us to tirrannize over us and to rule us beeing so curbed and kept under by a strong hand of Power by his owne will then the Parliament and Law did never settle the Militia upon Him for that end or to be so used for the equitie of the Law and not the Letter of the Law is the true Law Eightly it evidently appeares Aliquid latet quod non patet That neither the Militia setled 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 Warre so violently threatned against the Parliament by the malicious mischeivous and malignant partie of Papists Cavalliers and other ill-affected persons For 1 There were attempts made to be possessed of Hull and the Magazine by Captaine Leg and the Earle of Newcastle before ever Sir Iohn Hotham was seized of it much more before he denied His Majestie entrance thereinto and this attempt desire and purpose seemes to some and that not improblably to take its rise from the Lord Digbyes letter to the Queene wherein he desires That the King would repaire unto some place of strength where he may safely protect his servants that is such as will doe him service against his Parliament amongst whom most disloyally he saith Traitors beare sway 2 The Lord Digbie promiseth in his Letter unto his Majestie before the Militia was setled to doe him service abroad that is as he expresseth himself to procure for them supplies against the Kingdome and Parliament with which hee said himselfe would returne as hee did indeed in the Ship called the Providence with store of Armes although he had been published and voted a Traitour 3. Before this the same Lord Digby endeavoured to raise forces under the pretence of a Guard for the Kings person in winter 4. Before the Militia was setled 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 doe us any good For if in this battell we had been conquered we might have feared to have lost our selves and all we had to the Conquerour with whom we fought and if we had conquered we might have been sure to have lost our selves and all we had to the Malignant Party for whom we fought 5. Before the setling of the Militia there were endeavours to turne the English Army against the Parliament as is abundantly proved by them 6. By the testimony and allegations of many the Irish Rebellion which brake forth before the Militia was setled 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 setled 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 Majestie attended with a Troope of Cavalliers who had intended to have taken them by force if they had not been absent By all which it appeares That the setling of the Militia was not the cause why warre is made upon or against the Parliament And thus much may suffice for the first quaere concerning the Parliaments setling of the Militia Quest 2 It may now in the next place be demanded whether it be lawfull for us to obey this Ordinance of the Militia thus setled by Parliament Answ In case of extreame danger and of his Majesties refusall people are obliged and ought to obey by the Fundamentall 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 followes 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 Kingdome into a warlike posture of
might much easilier attaine those by complying with then by opposing the designes and personall commands of the King It is or at least hath been an approved Maxim that a community can have no private ends to mislead it and to make it injurious to it selfe 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 Councell but only the common good and therfore it is great reason that we should beleeve obey them And 2. Because no benefit at all can redound unto them by faigning forging or counterfeiting of false fires feares chymera's and dangers which are not And therfore we may they better beleeve what they say And 3. Because we never yet found them false uuto us It was the saying of one If my friend deceive me once I wil blame him but if twice my self meaning that he would never trust him the second time who deceived him once Now charity perswades us to hope aud believe where we see nothing to the contrary and give credit to them in whom we never saw any designes or indeavours to betray us or our liberties but rather alwayes the contrary And 4. Because they know more then any one of us Two eyes we say sees more then one and the Parliament is the eies and the eares of the re-publique and their information conference intelligence experience knowledge c. doth afford unto them some sight and insight into all things passages occasions affaires negotiations c. both at home and abroad And therfore it is not without cause that we should beleeve them And 5. Because they never shewed any disloyalty unto the King that ever yet was observed by the Commons or Commonwealth whom they represent We find in all their Petitions royall expressions humble suits hearty intreaties unto his Ma to comply with them for his owne honour safety cordiall 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 honor yea unwearied beyond humane patience continued supplications to his notice of personall imputations yea reproachfull aspersions that hath bin cast upon them still taking as much as possibly they can all blam from his Majesty and laying it upon his evill counsell And 6. Because the King himselfe doth not accuse the Parliament but onely 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 priviledges 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 seemes to favour their proceedings How doe we see the Lord blowing upon all the devices of their enemies sometimes turning them back upon themselves and sometimes turning their wisedome into foolishnesse Or what counsels what letters what plots and practises what words and passages against Kingdome and Parliament hath strangely been discovered prevented and come to light to the joy and rejoycing of Parliament and people and the terrour and amazement of the contrivers and authors of them How extraordinarily hath the Lord assisted that honourable Assembly with zeale courage wisedome discretion prudence moderation patience and constancy in all their consultations and desires How hath the Lord preserved their Persons from imminent perill 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 perswade our selves that the Lord seeing the sincerity of their intentions doth in much mercy shew his gratious acceptation of their zeale for the good of our Church King and Common-wealth I conclude this particular if the Lord seeme 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 therfore be strong and of good courage then let none who would be the Lords souldiers and servants desert the horsemen of Israel and the Chariots thereof yea the Lords Captains who fight his battels And thus by a serious consideration of these grounds we may easily conjecture yea abundantly satisfie our selves 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 proceedings 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 â—l power intrusted 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 personall actions of superiours 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 Governours 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 our selves against him As for example a woman may defend her selfe own body against an adulterer though a Magistrate A servant may hold his Masters hands if he seek to kill wife or children in his rage Marriners and Passengers may resist him who stands at helme if they see that he would run the ship against a rock yea they might hold the Princes hands if being at the helme he misgoverns the ship to theia certain shipwrack without prevention because by his so governing thereof He hazzards both his owne life and theirs and they by holding of his hands prevent both his and their own ruine which seems to be our present case and therefore much more may the whole Body defend it self against any such unjust and unlawfull invasion as will indanger the safety and welfare of all Ans 3 Thirdly the Kings personall that is verball commands without any stamp of his anthority upon them and against the order of both
to the dictates of his own conscience or as the Lord should move and perswade his heart This I say is not safe because if they grant give or settle this Power upon him as King of England then all other succeeding Kings will challenge and claime it as due or thinke they are not respected as their Predecessours whence if any of them prove Tyrants or tyrannous oppressours 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 alwayes 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 with-held by some restraints of Law and covenant from that which is evill and which we cannot justifie before God in the Court of Conscience then to be boundlesse lawlesse 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 keepe his head out of the Wolves mouth then to put it into his mouth and then stand at his mercy whither he will bite off his neck or not so it is better for every wise man rather to keepe and preserve those immunities freedomes prerogatives and priviledges which God and nature hath given unto him for the preservation prosperity and peace of his posterity person and estate then to disenfranchize himselfe and to relinquish and resigne all into the hands of another and to give him power either to impoverish or enrich either to kill him or keepe 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 warres labour to have his will of them then whether is it lawfull for them by warre to withstand him Briefly whether is this Martiall and Military designe undertaken by the Parliament against that party which is owned and aided by the King lawfull or unlawfull and consequently whither may and ought we to assist them or not An. 1. First in generall I answer concerning meanes by these Propositions to wit 1. Meanes must be used for preventing and removing of all temporall evils 2. The meanes to be used for the removall of temporall maladies must be alwayes lawfull for we must never doe evill that good may come therof 3. The meanes to be used must be alwayes conformable answerable and sutable to the malady as for example a man must not take a sword to quench a sire nor thinke to defend himselfe against an armed foe who comes with his Sword drawn or musket charged or pistoll cocked to take away his precious life with faire words but must consider what remedy or meanes is most proper for the preventing of the evill feared Now there is no meanes better against offensive warres then defensive An. 2. Secondly I answer in generall again concerning Actions by two Propositions to wit 1. That which is not lawfull for a private person to doe is lawfull for a publicke as for example it is not lawfull for a private person to take away the life of one whom he knowes to have robbed or murdered some one or other but it is lawfull for the Judge upon the Bench upon good proof to do it 2. That which is not lawfull for a private person in his own particucular cause is lawfull for him in a publick as for example had Faux bin ready to have given fire to his train when the Parliament had bin full and in the very instant had fallen by a private mans Sword that act had not bin punishable but praise-worthy but it is not lawfull for a private man to take away the life of one because he sees or knowes that he intends some mischiefe against his neighbour or acquaintance but is bound only to indeavour to hinder and prevent it or at least not to fall upon him except he can by no other meanes prevent the death and preserve the life of his brother and neither is this I think lawfull in all cases 3. That which is not lawfull for a private and particular man to do upon his owne head is lawfull for him to do being commanded by authority as for example if it be not lawfull for Sir John Hotham to shut the gates of Hull against the King of his owne accord yet it is lawfull being warranted and commanded by the Parliament If it be not lawfull for the Earls of Essex and Bedford to take up arms to suppresse that party which oppresseth the Kingdome of themselves yet it is lawfull by the Order and Commission of Parliament as is proved by the soveraigne Antidote to appease our civill warres An. 3. Thirdly if his Majesty passed an Act not onely of Oblivion but of Justification to our Brethren of Scotland for their Warres or for taking up weapons against his instruments then I cannot see wherein or how our defensive Armes should so much differ from theirs that they in so doing should be loyall Subjects and we disloyall Traitours Answ 4 Fourthly a Necessary War must needs be lawfull for the power and force of Necessity is such that it justifieth actions otherwise unwarrantable The transcendent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of all politicks or the Law Paramount which gives Law to all humane Laws whatsoever is Salus populi The safety of the people and this Supreame Law of Nations Salus populi hath it's immediate rize from the Law of Nature which teacheth every worme much more a man and most of all a whole Nation to provide for its safety in time of necessity It is not alwayes lawfull for us to kill those who stand at our doores or who would keep us from comming out of our doores but if our houses be blocked up and we so hindred from commerce with others or from seeking reliefe for the sustentation of our own lives that we and ours are in danger to famish it is lawfull then to issue forth with the forces we can make to fight our selves free how much more lawfull then is it to sight for the liberty and preservation of a Church and State It seemes evident by the clearest beames of humane reason and the strongest inclinations of nature That every private person may defend himselfe if unjustly assaulted yea even against a Magistrate or his own Father when he hath no way to escape by flight much more lawfull then 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 burthens which we must lye under if we undertake not this defensive Way and that will shew us the Necessity thereof Now the evills which we are in danger