conclude this last Answer to that maine 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 evill and obscure Counsellours or to the Parliament But we must not adhere and sticke to the evill 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 somthing against the one party so I will say something for the other as I promised for the better fastning 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 Councell of the Kingdome I will as in the other Party observdivers 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 shewes it selfe by the miserable and distressed condition wherein our Land was and the multiplicity of agrievances we groaned under as is to the life declared in the Parlioments Remonstrance of the State of the Kingdome set forth December 15. 1641. Thirdly the Excellency of Parliaments is declared by his Majestie himselfe who doth highly extoll the constitution of this Governement of ours and especially the nature of our Parliaments which consist of King Peeres and Commons acknowledging that the power which is legally placed in both Houses is more then sufficient to prevent end restraine the power of tyranny Which argues plainely 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 Peeres and Commons when the Common-wealth or Whole is in danger and the King being seduced by wicked Connsell doth desert and refuse to joyne with them in their owne 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 then the sole power of managing the affaires of the Kingdome doth even in arduis in high yea in the highest cases belonging onely 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 Hoasts and Armies from abroad and Papists and Rebells 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 Vtility 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 affaires and following publike advice and approbation in all great expedients of high concernments and He was more honourable and prosperous therein then was Nero who made his owne will his Law And thus alwaies those Princes have gained unto themselves most honour and renowne who were most willing and ready to listen to the Counsell of the Land in important affaires And also 2. In regard of their Crowne state for the Kings of England by this representative Body of their People are alwayes 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 forraigne or domestique foe or force the Parliament assists them Thirdly if they be injured reproched or dishonored by any potent person or Prince the Parl. wil vindicate and avenge them All which were seene evidently in Q. Eliz. time between her and her Parliament And Fourthly I may ad that none of our Princes were ever yet happy without the use of Parliaments and therefore it is plaine that they are beneficiall utile unto Princes and consequently not to be deserted of subjects which are loyall to Princes 2. As Parliaments are usefull and utile to Princes so they are also beneficiall 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 passe that what all should look after no man does and what is committed to no man thinks his owne charge and therfore some few chosen out by and from amongst the People to consider of their liberties lawes and grievances must needs be very advantagious unto them 2. As people cannot without confusion plead for themselves so often the subordinate Magistrates and Iudges of the Land through feare flattery or private corruptions doe often betray the peoples rights by unjust sentences or verdicts and therefore such Counsellours as can have no private aymes or ends of their owne but are themselves involved in the same condition with the people both in weale and woe must needs be profitable for them Yea 3. By this present Parliament we have reaped already many great and notable benefits and therfore may conclude from our owne ezperience with a Probatum est That Parliaments are beneficiall 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 terrour of the Common-wealth as also from the heavy burthen of Ship-money and the oppressions we groaned under by reason of Menopolies and other illegall impositions yea Bishops removed out of the House of Peeres who having their dependance 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 hurtfull to the Kingdome This particular is so abundantly amplified and that so truely 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 shewed then 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 beleeve 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
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
defense by setling the Militia in such hands as they durst trust I proceed now unto the other Exception viz the fruits and effects of the setling of the Militia which are affirmed to be the opposing of the Kings precepts and proceedings We affirmed before That if the Militia had not been settled we had beene in great danger of destruction and now when it is setled we are neither free from feares nor foes enemies nor evils Quest 3 Whence it may be demanded How may we be preserved from that ruine 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 foure maine ones sprout and spring up to wit 1. Whether the Parliament may be deserted or ought 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 Warre undertaken by the Parliament be warrantable and lawfull 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 aide and stick to them Answ 1 First whatsoever is said of this Subject in that Treatise called Reasons why this Kingdome ought to adhere to the Parliament I wholy omitt as also many Reasons which might have beene drawne from a Tractate which by many solide arguments justifies the Scottish Subjects for their defensive warres Answ 2 Secondly our Saviours rule is here worthy observation Whatsoever you would that others should do unto you doe 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 looke what aide and assistance we would expect and desire from them if we were in such danger as now they are the same we should now affoord 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 Councels in Divinity so Parliaments in Policy may erre 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 intrusted by us with all we have viz our estates liberties lives and the life of our lives our Religion and the safety of the Kings 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 then our selves and therefore we cannot desert them except we desert our selves the safety of the Commons and Common-wealth being wrapped up in the safety of the Parliament As the Wolves desired the sheepe to put away the dogs and then they would enter into a League with them but when they had by so doing stript themselves of their best friends and laid themselves open to their fiercest foes they were then devoured without pity even so may we feare it will be with us if we should be so sottish as reject and desert the great grave and grand Councell of the Land which consists of as wise faithfull meeke moderate sincere just upright understanding zealous and pious Patriots as ever any Parliament in this Land was possessed and consisted of and submit our selves to the protection and care of obscure and unknowne yea malignant and malicious Counsellours who would glory so much in nothing as in our misery and Ruine as appeares by their deeds wheresoever they come if they can but prevaile Answ 6 Sixtly the Kings Majestie hath promised in His-Message January 12. 1641. That He will be as carefull of his Parliament and of the priviledges thereof as of his Life and Crowne 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 Lawes with our estates and them Answ 7 Seventhly we ought to obey and assist them in any thing which is lawfull and we ought not to suspect that they will enjoyne or command us any thing as lawfull which is unlawfull The opposition betweene the Kings Majestie and His Parliament seemes to be about law He affirming that to be lawfull which they denie and they affirming that to be lawfull which He proclaimes illegall Now the King is pleased to professe 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 counsell of others And whose or what counsell in all probability and reason can be better sounder sincerer and more worthy to be followed then that of his Grand Councell who assure us that what they doe and enjoyne us to do is lawfull 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 thinke of Them viz They know such and such things to be lawfull and therefore they do them themselves and enjoyne them to us And not thus as some pervert it The Parliament hath done or commanded such or such things and therefore doe affirme them to be lawfull 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. Perfidiousnesse for as we have intrusted the Parliament with our estates liberties and lives so we have engaged our selves to maintain and defend them so long as they pursue our safety prosperitie 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 lacke of succour let them sinke and perish 2. Perjurie for all who have taken the PROTESTATION have promised protested and vowed with their lives power and estate to defend and maintaine all those who stand for the lawfull rights and liberties of the Subject yea to oppose and by all good wayes and meanes to endeavour to bring to condigne punishment all such as shall either by force practise counsels plots or otherwise withstand or endanger those who stand for our Lawes and Liberties Now who stand more for our Religion Lawes Soveraigne and Liberties then our Parliament and who are more opposed and endangered for their zeale and care for us and our Priviledges 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. Treacherie 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 errour and heresie Secondly The State to ruine and miserie Thirdly The Parliament to bloud and crueltie Fourthly Our selves to poverty and slavery And therfore I may truly and boldly say That it is those who desert the Parliament who are the Principall causes of all the bloud which is hath or shall beshed in this Warre and of all the burning plundering ravishing and theeving wherewith the poore Subiect hath or shall be oppressed Answ 9 Ninthly we may not vow when things are come to maturitie and height and the cursed conception is come to a birth desert and fall from our Parliament because there hath beene long great jealousies of some greivous mischeife 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 designe a foot for the ruine and destruction of the Parliament and of us through their sidâ—s 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 Warre with Scotland or if that jarre were composed to joyne 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 compell it and take away the freedome of it 3. The two Letters sent to Mr. Bridgeman Ian. 14. 1641. and to Mr. Anderton which intimated some sudden sad and sorrowfull blow to be intended against the Puritanes in and about the Citie of London and declared many things of deepe and dangerous consequence which considering many passages in the State since seeme not to be faigned or forged but to foretell dangerous and divilish practises 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 beene againe and againe promised of any treachery treason or high and treacherous misdemeanors practises or plotts 5. His Majesties going into the House of Commons attended neither with his ordinary Gaurd only nor Pentioners and Servants only but with diverse Cavaliers armed who by their words and gestures shewed themselves to bee men of desperate resolutions and bent them upon some damnable and bloody designe 6. The endeavours used to the Gentlemen of the Innes of Court 7. The Rebellion in Ireland which was raised for the diversion and interruption of the Parliament for the weakning 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 beene 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 diverse Cannoneers and other Assistants into the Tower of London 9. The making of Lunsford a man of a knowne and notorious debach'd life and conversation Lieutenant of the Tower for he being so apt and fit a man for any desperate designe or divellish practise and in that place having so much command over the City made all generally feare that there was more mischiefe intended against the City then did outwardly appeare 10. The selling of the Crowne 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 appeares 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 unusuall 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 drawne 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 onely of a few and an inconsiderable number yea rather the Acts of a Party then of a Parliament 13. The force raised at Yorke and the Ammunition provided beyond Sea for to be sent unto Yorke that force being gathered as was feared to make an opposition against the Parliament but evidently percieved to be imployed for the protection and support of Delinquents 14. The multiplying of Papists in this Land of late dayes their frequent meetings at certaine places in and about the City without controule the audaciousnesse of their Preists and Jesuites with us notwithstanding our strict and severe Statutes against them the residence of the Popes Nunntio so long amongst us the Colledge of Capuchins in or nere unto Coven Garden and the favouring and prefering principally such as were either Popish or Arminiâ—n who in some points are true Cozen Germanes 15. Lastly his Majesties absenting of himselfe from his Parliament withdrawing from them thereby both his presence and influence Here note That after the King was councelled and perswaded hereunto this his absence followed and attended with this Doctrine againe and againe iterated viz. That the King absenting dissenting and severing of himselfe from his Parliament it was no Parliament neither had they any Power to dispose of any of the weightie affaires of the Kingdome which dangerous Doctrine seemes to have beene taught by Court flatterers for these ends viz. 1. To discourage weary and quite tire out our couragious and indefatigable Senate 2. To divert interupt and retard their consultations and designes both for our owne Reformation and the subduing of the Irish Rebels 3. To take off peoples hearts from the Parliament to stagger them in their obedience unto them to coole their zeale for the preservation and defence of them and to make them call in question all their proceedings 4. To annimate all those who stood disaffected to the Parliament to show their disaffection and opposion with more freedome and lesse feare Tenthly and lastly to this maine question whether the Parliament may
be deserted or ought to be adhered unto I answere that of of necessity some wee must adhere and stick unto that is either to the grand and knowne Councellours of the Land or to obscure and private Councellours that is either to the Parliament or to the Cavalliers Papists Malignants Delinquents and dissaffected Persons of the Kingdome Now because Contraria jnxta se posita clarius â—lucescunt contraries are best commentaries wee will looke particularly upon both and consider the nature ends and aimes of both and from thence coniecture whom wee may best desert and whom with most safety follow and first I begin with the Cavalliers and that side First in that side which consists of Cavalliers Papists Malignants Delâ—nquents ill-affected and Popishly affeted Persons or to terme them onely so evill private and obscure Councellors wee have these two things to observe to wit First their intentions and endeavours Secondly their nature and ends First their intentions endevours and the fruit of their Councells for I conioyne them altogether 1. Their intentions and endevours were to raise Civill Warre and that both first in Scotland and afterwards in Ireland and now in England And 2. To perswade the King to rule by his owne Will The Lord Faulkland tels us That the King was perswaded by his Divines that in conscience by his Councellours that in policie and by his Judges that by law he might doe what he list Which doth directly labour to raze the very foundation of our well founded State and to introduce and reare amongst us an Arbitrary Government And 3. They endeavour to make division betweene his Majesty and his Parliament whom God and the Lawes of this Land have united in so neere a relation as appeares First By their endeavours and perswasions 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 thinke the most Shires in England have most humbly petitioned and besought Him to rejoyce 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 counsell the King to estrange himselfe from the Parliament and to oppose and disgust all their Proceedings and designes were but Masters of Hull the Militia and Navy they would then quickly master both the Parliament and all the Kingdome who could expect but bad quarter from such Masters who by their counsels and endeavours to divide the King and Parliament shew that they are neither friends to the Common wealth nor favourers of the publique safety And Secondly By their feare that the King should accord with his Parliament For the Malignants and evill Counsellours stand in great feare 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 spoile pillage and possessions of this Land which they have long since hoped for whence they have solicited the Queene to disswade the King by all meanes from such accommodation hoping to obtaine their desires the ruine of this Land by the Queenes interposing See the Lord Digbies Letter to the Queene March 10. 1641. and Mr. Eliots Letter to the Lord Digby May 27. 1642. 4. They endeavour to cast aspersions upon the Parliament perswading the People That the Parliament would set up a Aristocracie 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 doe still endeavour and combine together to effect end worke the ruine of the Parliament or at least to force it and by forcing thereof to cut up the freedome of Parliament by the root and either to take all Parliaments away or which is worse make them the instruments of slavery to confirme it by Law as the Parliament in Rich. 2nds time did when they found the Kings anger against them and feared the peoples forsaking of them See the Treatise called The successe of former Parliaments 6. The fruits and effects of the intentions and indeavours of those evill Counsellours have been nothing but contention dissention division debate decay of trading and more misery then would fill a volume if we should consider all the distractions distresses dangers feares discommodities hinderances and losses which both England Scotland and Ireland have felt undergone and sustained by their counsels designes and plots And thus much for the Intentions and indeavours of evill counsellors and the fruits and effects of their evill counsels Secondly we have now to consider the nature and ends of these evill counsellours who desert and oppose the Parliament 1. They are men of lost estates and desperate fortunes and these aime onely at plundering and pillaging desiring to raise themselves by razing others and to build no themselves upon their brethrens ruine 2. They are Papist and popishly affected persons The Citizens of London in their petition presented to the House of Commons December 11. 1641. testifie That information is given to divers of them from all parts of the Kingdome of the bold and insolent carriage and threatning speeches of the Papists Now those aime either at the introducing and establishing of Popery amongst us by the change of religion or at least at the gaining of freedome to professe 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 zelously for the reformation of our Church and the abolition of all popery and popish innovations they therefore joyne and side with the former sort which seeke nothing but mischeife and ruine Or 3. They are Delinquents Malefactors and guilty Persons who have by some plotts practises monopolies Projects or otherwise trespassed and transgressed highly against the Common-wealth for their owne private advantage and profit Now these hope that by siding with the Cavaleirs and Papists against the Parliament they shall bee 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 hereticall scandalous in their lives and conversations of slothfull in the discharge of the worke of their ministry Now these hope by siding with the former to keepe and hold fast what they have fearing the justice of the Parliaments will for their demerrits deprive them of those spirituall or ecclesiasticall dignities and possessions which they hold and injoy Or 5. They are of that number of the Nobility or Gentry of the Land whose lives have been very loose unbridled Now these oppose the pious proceedings of the Parliament least such restraint should be imposed upon them by that Reformation which is intended and indeavoured by Them that they may without punnishment live as they list have done and desire still to doe Or 6.
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
Houses of Parliament I imagiue 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 ought to be obeyed for it is not the stamp and impression of the Seale which makes a thing lawfull but the Keeper thereof ought to be a Lawyer and by his place should not for feare or favour signe any Writs there with but such as are legall and if he do otherwise he is lyable to be questioned and censured by a Parliament And therefore doubtlesse when Writs and Precepts are issued forth without the broad seal or without a regall that is legall 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 Common-wealth 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 then 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 loyall and faithfull advice of their sage Senate Now that it is lawfull for Parliaments to withstand Princes who make unlawfull Warre upon their people is so evidently proved by the Author of that lately come forth and learned and pious Treatise called A Soveraigne Antidote to prevent Civill Warres Pag. 6 7 8 9 c. that at present I wholy 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 parallell lines which can never meet nor like two incompatible qualities which cannot be both in one subject nor like the Arke 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 himselfe farther then he enjoynes that which is Law lawfull and just And 2. In our obeying of the Parliament in this present Military and Martiall designe we stand for the King not against Him that is for the good of his soule person estate honour and posterity of which a word or two severally 1. They stand for the Soule of their Soveraigne who withstand him having a lawfull call and warrant thereunto from doing those things which if he doe he can never justifie in the Court of Conscience nor at the great chancery day of Judgement but must sinke under the sentence of condemnation for those unlawfull and unjustifiable facts And therefore the Parliament and we in obedience unto Them are friends unto the Soule of our dread Soveraigne in not obeying aiding and assisting of Him to make unnaturall unlawfull and unwarrantable Warres 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 Kings Person who obey joyne and side with the Parliament His Majesties Person is now environed by those who carry Him as far as the eye of humane probability can see upon his own ruine and the destruction of all his good people which the Parliament seeing they labour to free him from such false hands by this twosold meanes viz. 1. By perswading beseeching and most humbly soliciting his Majesty to forsake them and to rejoyce and make glad the hearts of his Parliament and People by conjoyning himselfe with Them But this request suit and supplication will not yet be granted though with much importunity and many loyall expressions desired And 2. By labouring to take his evill Councellors from Him they being confidently assured and piously perswaded of the Kings sweet disposition and readinesse to comply with them in any thing which might conduce to the good either of Church or Common-wealth if he were not overswayed and deluded by the fained flattering and crafty counsell of those about Him who look with a sinister eye upon our State Now this seemes to me to be all that is aimed at in this present Military and Martiall designe for the Parliament doe not purposely and in their first intentions intend by their Souldiers to cut off any for if any be slaine by them it is by accident but to preserve and keep the peace of the Kingdome to maintaine the priviledges of Parliament the Lawes of the Land the free course of Justice the Protestant Religion the Kings authority and Person in his royall dignity and to attach arrest and bring such as are accused or imagined to be the disturbers and firebrands of the Kingdome unto a faire just equall and legall triall which no man can think unlawfull in our Law-makers And therfore both Senatours and Subjects in the prosecution of this Designe stand for the safety of their Princes Person And 3. They stand for his State Wealth Honour and reputation for I conjoyne all these together Kings acquire and accumilate more honour respect wealth and power by their meeknesse 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 tyrannizing over and cruelly oppressing and handling of them as we see in Caligula If our gracious Soveraigne 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 designes received abroad and the grievous troubles vexation and discord we have had at home since Parliaments have bene disused and laid asleepe he would then certainely see that they seeke his wealth honour reputation and welfare who desire to reconcile and conjoyne him unto his Parliament and advise him to governe 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 evill gotten goods slip and wast
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
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
They are ignorant Persons Now there is a two fold ignorance viz. 1. Naturall now they are naturally ignorant who for want of knowledge understanding and teaching are neither able to discerne of the designes and intentions of the adverse Partie 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 farre and in what cases they may aid and assist the Parliament against some personall or verball command of the King And 2. Affected Now this mischevous malitious and affected ignorance is in those who will neither read nor heare any thing which may inform them in the former particulars viz. the nature intentions ends and fruites of evill councels and counsellours 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 seeke preferment by betraying their Country to serve and be made subject to the Court Or. 8. They are the allyes 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 timerous and fearefull who although they wish well unto the Parliament yet they dare not shew their affection nor affoord any aid unto them lest thereby they incurre some malice or detriment through the Kings displeasure Or. 10. They are covetous and desirous to keepe their mony and meanes and therefore whatsoever their heart and affections be unto the Parliament they dare not shew their approbation of their proceedings 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 thâ— 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 beene said of the nature of this Side or Party viz. First who are those evill Counsellours which we must not adhere unto but desert It is denyed That there are any such about the King but I conceive what I shall say will not be gainsayd viz. If there bee any about the King who first move him to Civill warres and secondly perswade him to rule his people according to his owne Will or an arbitrary power and thirdly strive to divide and estrange the King from his Parliament and fourthly cast even in his eares aspertions and false calumnies upon his Parliament and fiftly labour to ruine 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 evill and wicked Counsellours who deserve to be disclaimed deserted and left free and layd 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 then evident though I and wiser then I cannot particularly name them for 1. His Majesty professeth a detestation of warre and yet prosecutes it which shewes that some puts him upon it And 2. He protests to governe his people according to established law and yet he hath been perswaded to an Arbitrary governement by them about Him by many plausible and faire seeming arguments as Himselfe affirmes in one of his Messages And 3. He solemnely professeth his love unto and his care of and his honourable respect to his Parliaments and their priviledges and preservation and yet some hath withdrawne his person from the Parliament and to himselfe 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 againe and againe calleth God to witnesse 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 counsell of some many great and long evills have pressed all the three Kingdomes of England Scotland and Ireland And therefore it must needes be granted That there are malignant Counsellours about the King who worke much misery and mischiefe both to Himfelfe and his People and that they cannot be unknowne unto Him if He would please to disclose discover and leave them to the just and equall triall of the Lovers of the Land Secondly let us consider from this Army of Malignants and mischievous Counsellours and party what in all probability we may expect and looke for if they prevaile against the Parliament That is if 1. Men of desperate fortunes prevaile what can we expect but plundering and pillaging And 2. If Papists prevaile what religion but Popery 3. If delinquents what but oppression 4. If bad Ministers what but bad preaching and ill practizing 5. If loose Gentry what but prophannesse 6. If ambitious spirits what but contempt cruelty and disdaine 7. If ignorant persons what but their owne selfe-wills 8. If delinquents and malignants friends what but such a measure as we finde from delinquents and malignants themselves But from an Army consisting not of one but of all these what can we expect but all these evills and from the wickednesse which will be committed by them the heavy judgment of God to be hastened downe 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 prevaile 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 orthodoxe Protestant Religion shall be maintained and preserved by heterodoxe and hereticall 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 faithfull painfull 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 loose and prophane Gentlemen and Nobles Or 7. Can we expect that justice just measure and equity shall be maintained by those who ayme at nothing but their owne gaine and greatnesse Or 8. Can we expect that our Lawes shall be preserved inviolably by those who are wholely bewitched with the love of an Arbitrary Governement 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
away and seldome continue to the third generation so Kings cannot be sure that their Posterity shall peaceably and successively enjoy their Crowns except themselves rule and governe according to Law righteousnesse only establishing the Crown and Throne both upon Princes and their Posterity And therfore they who assist not the King in those things wayes and courses which are illegall grievous yea destructive to the Common-wealth are His Childrens and Posterities best Friends I conclude this Question with this Argument Arg. Those who labour with their lives and estates to defend and maintaine the Kings Soule 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 designe labour with their lives and estates to maintaine and defend the Kings Soule Honour Reputation Wealth Person and Posterity Therefore the Parliament and all those who side with them in this present designe in so doing obey and stand for Him It should seeme by what hath bene spoken That neither Parliament nor People doth intend the least indignity dishonour or disloyalty to the King and it is most perspicuously and clearely to be seene in all the Kings gracious Messages and Declarations That he hath no designe upon his people or Parliament neither intends any harme opposition or oppression unto them but professeth to rule them according to Law and equity How then comes it to passe 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 proceedings 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 Maxime in Law The King can doe no wrong for if any evill act be committed in matter of State his Counsell 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 bene of late obvious to many unto some about him or in great favour with him Great discouragements I grant the Parliament in their proceedings 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 redresse the grievances of his people as well out of the Parliament as in it Againe That he was resolved to put himselfe freely and clearely upon the Love and affection of his English Subjects Againe we doe 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 Againe his Majesty doth professe the detestation of a Civill War and abhorres 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 Kingstone nor in diverse of those who have bene with him and employed by him at Yorke Hull Leicester-sheire Lancashiere Sommerset-sheire Northampton-sheire and other places And therefore we must needs conceive that the King is put upon these courses and wayes by his evill Counsellors and consequently that the Parliament cannot confide in his words and promises untill those Councellors 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 Parliament-House for the performance of any promise either unto them or theirs which did simply and soly concerne themselves they would beleeve and obey him and without any further question confide in him but they cannot doe this in the case and place wherein they are The trust reposed by the people in the Parliament is as well to preserve the Kingdome by making of new Lawes when and where there shall be need as by observing and putting the Lawes 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 faithfull promise unto them he should be over-swayed and seduced by some wicked Counsellours to lay some illegall impositions taxations and burdens upon his people as he did soone after the granting of the Petition of Right unto the Subject the Kingdome then would and might justly blame them as the Authours of their grievances that had so lightly given away their liberties and freedome 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 wholy confide in the Kings words and Promises then there were no more requisite in them then this to make a Declaration unto his Majesty of the grievances burdens annoyances and illegall proceedings in all or such and such Courts or Persons to the great oppression and heart-breake of the Subject and having so done to obtaine some serious Promise and Protestation from the King to take-off all these pressures and to be carefull 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 repaire every one to his own house Now if Sense Reason Experience and Knowledge will tell us that this is farre from or comes farre short of the true nature and duty of a Parliament then let us thinke 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 Soveraigne were as prudent as Salomon 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 Kingdome wholy and solely unto him and consequently granting him an arbitrary power to rule us according