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A97148 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, Ward, Richard, 1601 or 2-1684. 1642 (1642) Wing W808aA; Thomason E122_19; ESTC R19259 30,017 36

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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
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