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
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
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.
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
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
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