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
of are of that nature that if they should fall upon us which the Lord in mercy forbid we would thinke that it were better for us to have no being then such a miserable being The present Case seemes to many who see throwly into things to be threefold viz. 2. Whether Popery or Protestanisme and this doubt arises from the Kings Assistants and Agents in his designes or some who are in neere trust and of great power with his Majesty who for the most part are either of no Religion or of any Religion or of the Popish Religion or popishly inclined and effected And 2. Whether slavery or liberty and this doubt arises from the doctrines counsels and perswasions of those about the King who perswade Him that it is lawfull for him to doe what he list And 3. Whether estates or none and this doubt arises from some speeches fallen from some in place and authority that all we have is the Kings that when there is necessity he may command of or take from us what he please and that he alone is the sole Judge of this necessity The Case being thus with us it seemes unnaturall that any Nation should be bound to contribute its own inherent puissance meerely to abet tyranny and support slavery that is to fight themselves slaves or to affoord aide assistance and succour either with persons or purses to those who desire and endeavour to introduce popery and heresie into their Church and to bring themselves into such slavery and bondage that they may tyrannize over them at pleasure And thus the Necessity of this Warre shewes the lawfullnesse thereof Answ 5 Fiftly Defensive Warres are alwayes held lawfull Now the nature and quality of our Warre is defensive and so the more justifiable For 1. The Kings Majesty mislead by Malignants and malevolent Persons made preparations for Warre before any such thing was thought upon by the Parliament And 2. We intend not the hurt of others but our own peace and preservation the designe being but to suppresse riots to keep the peace and to bring Delinquents to a faire just and legall tryall And 3. Our Armes will be laid down as soone as we are assured of a firme peace and to be ruled as becommeth a free people who are not borne slaves Sixtly we may guesse at the nature of this Defensive Warre An. 6. by divers particulars as namely First by the Persons against whom this Designe is undertaken which is not the King as was proved before and shall be further enlarged by and by but the Malignants of the Kingdome which we labour to suppresse and to bring to punishment in a legall way We goe against the Troublers of Israel the fire-brands of Hell the Korahs Balaams Doegs Rabshakaes Hamans Tobiahs and Sanballats of our time And Secondly by the Persons most favouring and furthering of this Defonsive warre who are in every place those who stand most cordially affected to the good of the Common-wealth and most sincerely addicted to the purity of the Church and the intire profession and practise of Religion And Thirdly by the mercy and favour of God towards the Parliament the principall Agents and Authors of this Designe If we consider 1. How the Lord preserved their persons from the malicious intentions of the Cavaliers when they went to the very doore of the House And 2. How He discovered the plots and practises which were intended for the bringing up of the Army out of the North against Them And 3. How He directed them in their setling of Hull the Militia and Navy when things were almost come to their height And 4. How he hath from time to time and still doth encourage them with or by the Love Loyalty Fidelity Faith and firme Resolutions of the most part of all Counties to stand and fall live and dye with them And 5. How hitherto He hath extraordinarily turned all the plots of their enemies against themselves and produced effects quite contrary to those they intended and frustrated all their hopes If I say we consider these things we cannot but say of the Parliament House and Parliament-men Surely God is in this place and in the midst of you and present with you and president amongst you and we confidently hope that the Lord will preserve and keep you and finish the work he hath begun by you to your comfort His glory and our good And Fourthly we may guesse at the goodnesse of the Designe by the time when it was undertaken for it was not begun untill all other Meanes failed and therfore may be called ultimum unicum remedium the last and only meanes left The old Rule was observed by them Non recurrendum est ad extraordinaria inijs quae fieri possunt por ordinaria they tried all fair and ordinary means and never had recourse to extraordinary and extreame courses untill no other would prevail We and They have again and again petitioned the King but cannot prevail and therfore all other politique means failing us we ought generally seeing the misery which is threatned is generall to joyn heads hearts hands and estates together to sight for our King Country Parliament selves Religion Laws Liberties lives and all that is ours because now all is at stake And Lastly we may cleerly see the lawfullnesse of this Defensive warre if we but look upon the Causes and Ends therof which are many as namely 1. The glory of God 2. The good of the Church 3. The propagation of the Gospell 4. The peace of the Kingdome 5. The prosperity of the Common-wealth 6. The maintenance of the Kings honour authority and person in his Royall dignity 7. The liberties and immunities of the Commons 8. The preservation of the representative Body of the Realme 9. The Priviledges of Parliament 10. The Lawes of the Land And 11. The free course of Justice But I will reduce all these to foure Heads to wit Gods Glory the Kings honour the Parliaments safety and the Kingdomes preservation First This Defensive warre is undertaken by the Parliament for Gods Glory and the maintenance of true Religion Now we may yea ought to fight to maintaine the purity and substance of Religion that it may neither be changed into the Ceremonious formalities of Popery nor our consciences brought into the subjection of Romish and Antichristian slavery Secondly This Defensive warre is undertaken by the Parliament for the Kings honour and safety Now we are bound by the duty of allegiance to defend and maintaine the Kings person honour and estate and therefore 1. It is our duty to labour by all lawfull meanes to free his Person from those Assassinates who violently by their wicked councell assistance and perswasion carry him upon his owne danger and the destruction of his liege and most loyall Subjects And 2. It is our duty to labour to maintaine the Kings honour and therfore when he is over-ruled by those who through their subtilty work so upon his mild and pliant temper that they make him appeare to his Subiects yea forraigne Nations to be a Defender of Delinquents and evill Counsellours against his loving Subiects and loyall Parliament which tends infinitely to his dishonour it is then our duty to labour to unwinde and disentangle him from their practises or by force plucke away their Persons from about Him And 3. It is our duty to maintain his Maiesties estate Now as the Lord Burleigh would often say to Q. Elizabeth Madam get but your Subiects hearts and you need not feare their purses so I may say that the love and affection of the Kings Subjects which his Parliament labours to enrich him withall and to possesse him of will be more advantagious unto him for matter of estate then all the Prerogatives and Priviledges which his obscure Counsellours perswade and indeavour so much for against the will and welfare of his people And if we compare our Q. Elizabeth who would have nothing but by and from the Parliament with the love and affection of her people with the king of Spain who by an arbitrary power tyrannizeth over his Subjects we shall then see as cleare as the Sun that where Princes by joyning with Parliaments labour to unite the hearts and affections of their people unto them there riches abound more both with Prince and people than in those Kingdomes where all cruell courses are taken by the King to impoverish the Commons Thirdly this Defensive warre is under-taken by us at the Parliaments command for their safety Now both Reason and Religion will teach us that if our pious Parliament and sage Senate for the maintaining of our lives liberties and lawes and in or for opposing of it selfe not against the Kings Person honour or estate but against his affections mislead by evill Counsellours shall be exposed to danger dissolution or death then it is our duty by defensive Warre to withstand that power or force which is levied against them Fourthly this Military Designe is undertaken for the Kingdoms preservation Now both the Laws of God and man as is against all contradiction proved in the Treatise called A Soveraigne Antidote to prevent and appease our civill warres will beare us out for taking up Defensive Armes for the safety of out Kingdome and Common-wealth That is if we see indeavours and designes a-foot for the reducing of the Government of this Kingdom to the condition of those Countries which are not governed by Parliaments and established Laws but by the will of the Prince and his Favourites then it is lawfull for us to assist the representative body of the Land whom we entrust with our laws and liberties against those who resist and oppose them that they may the more easily prevaile against and make good their designes upon us And therfore although we will never cease to sue unto the King and humbly to supplicate the King of Kings for peace and unity yet if we cannot obtain it without the dishonour of God the losse of our Religion Priviledges Liberties and Laws the endangering yea exposing of our most faithfull Parliament to imminent perill and the hazard of his Majesties Person honour and estate we may then with the peace of God his holy Angels and of our own consciences take up Arms for the Defense of all these FINIS
THE VINDICATION OF THE PARLIAMENT And their Proceedings OR Their Military Designe prov'd Loyall and Legall A Treatise wherein these things are ingeniously and sincerely handled to wit 1. That the MILITIA as setled by the PARLIAMENT is lawfull 2. That it is lawfull for us to obey it so setled by Them 3. That the PARLIAMENT is not by us to be deserted 4. That in aiding the PARLIAMENT the KING is not opposed 5. That the PARLIAMENT as the case stands may not confide in the King 6. That this necessary Defensive WARRE of Theirs is indubitably justifiable Pulchrum pro Patria mori LONDON Printed in the Yeare MDCXLII The Vindication of the PARLIAMENT and their PROCEEDINGS THe maine thing now looked upon What is now principally enquired after and pried into by all eyes is the nature of this present Martiall and Military Designe undertaken by the Parliament Now although much hath beene writien by many upon this Subject yet divers well disposed and well affected persons are very unsetled and unresolved what to thinke thereof and the Reasons hereof I conceive to bee these to wit 1. 5. Reasons why the vulgar sort are unsatisfied in the present expedition That compendious kind of writing which some use in laying downe onely the particular Head by way of assertion without either amplification application or proofe whence he who is not informed or thorowly insighted into the truth and nature of that which is affirmed is ready to conclude it a fallacie Petitio quaesiti dare not beleeve it upon the Authors bare word 2. That abstruse sublime and high stile which others use in their writings thinking all apprehensions as quick and judgements as profound and understandings as cleare as ther owne and thus not stooping to the capacity of vulgar Readers leave them as perplexed and as much unsatisfied as they found them 3. That confused kind of writing which some have for as Method doth much helpe both the memory and vnderstanding so immethodicall discourses doe confound both understanding and judgement 4. That sleight and superficiall kind of writing which others have who never searching themselves into the depth life and bottome of the point in hand leave their Reader just so wise as they found him 5. That timerous and halfe handling of the case in controversie which some are guilty of for some have taken the point in hand but fearing Veritas odium parit that Truth will come home with a scratcht face dare not say what they can may should or ought of the point for the full satisfaction of their Reader â—aving him by this means altogether without light in the most materiall things which he undertakes to instruct him in And therefore because I will never refuse to sacrifice my life much lesse spare any paines for the welfare safety and prâ—â—â—â—vation of my Countrey the preventing of these Civill wars threatâ—â—â—â— composing of our present distractions and the satisfaction of tender consciences to the utmost of my ability I have with what brevity sincerity plainnesse and clearnesse possibly I could declared unto all who desire to be satisfied what they may conceive and imagine of the true nature of the present Designe of the State and condition wherein we aâ—â— and what seemes to be intended and aimed at by both Siâ—er I will not trouble my selfe to search Record nor presume to expound and interpret Lawes being no Lawyer but only slow the lawfulnesse of this Designe as farre as the law of Nature the light of humune Reason and experience and my small knowledge in Religion will dictate unto me Against the Parliament two things are excepted Exceptions taken against the Parliament viz. their Act and the Effect of that Act or their Action and Intention 1. Their Action is the putting of the Kingdome into a posture of defence by settling of the Militia without the assent of the King 2. Their Intention herein is supposed or surmised to be the strengthening of themselves against the King and the raising of Forces against his power Now of both these severally Concerning the Militia two quaere's are ordinarily made The setling of the Militia lawfull to wit 1. Whether it be lawfull for the Parliament to settle it without the Royall assent 2. Whether it be lawfull for us to obey it so setled by Them Quest 1 First it may be demanded Whether was it lawfull for the Parliament to settle the Militia which is made the cause of all our present distractions and dangers or not without the Kings Royall assent Answ 1 First they did it not without asking his permission and leave for considering the necessity of putting the Kingdome into a Posture of defence both in regard of Forreigne and Domestick Forces and Foes they addressed themselves to his Majesty desiring him so to order and dispose of the Militia of the Kingdome as it was agreed upon by the wisedome of his great and grand Councell whose counsell above all others Kings in Parliament time have and ought to embrace and follow And therefore we may imagine that to be lawfull which our best Lawyers yea Law-makers did so earnestly sue and sollicite for Answ 2 Secondly the Parliament continuing their humble supplications unto the King his Majestie was once graciosluy pleased by Message sent unto them to promise that the Militia should be put into such hands as they should approve of or recommend unto Him provided that they declared together with the Names of the Persons the extent of their power and the time of their continuance both which they did which shewes evidently That there was nothing unlawfull in the substance of the thing desired His Majesty himselfe not excepting against that but at the most that somthing desired by them did not square with some circumstances observed in former times Answ 3 Thirdly the Parliament seeing a necessity of settling the Militia thought that in conscience and humane reason it was much better fafer and more agreeable to that trust which was reposed in them by the Kingdome That the strength of the Kingdome should rather be ordered according to the direction and advice of the Great Counsell of the Land equally intrusted by the King and Kingdome for the managing of the great affaires thereof then that the safety of the King Parliament and Kingdome should be left at the devotion of a few unknowne Counsellours many of them having not beene at all formerly intrusted by his Majesty in any publike office or service nor confided in by the Common-wealth And therefore we may conjecture the legality of the Militia settled by the Parliament Answ 4 Fourthly the Parliament desire not to remove the Militia from the King but from his subordinate Ministers who by reason of their evill counsels given unto Him and their small love respect and care shewed towards Them the Parliament dare not confide in and therefore onely place it upon other Ministers whom they have no cause to suspect nor against whom when they
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.
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
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