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; [...]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 pr [...]vation of my Countrey, the preventing of these Civill wars threat [...] 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 a [...], and what seemes to be intended and aimed at by both Si [...]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 [Page 3]wisedome of his great and grand Councell, whose counsell above all o­thers, Kings in Parliament time, have, and ought to embrace and follow. And therefore we may imagine that to be lawfull which our best Law­yers, yea Law-makers did so earnestly sue and sollicite for.

Answ. 2 Secondly the Parliament continuing their humble supplications unto the King, his Majestie was once graciosluy pleased by Message sent un­to them, to promise, that the Militia should be put into such hands as they should approve of, or recommend unto Him, provided that they declared [together with the Names of the Persons] the extent of their power, and the time of their continuance, both which they did, which shewes evidently; That there was nothing unlawfull in the substance of the thing desired, [His Majesty himselfe not excepting against that] but at the most, that somthing desired by them did not square with some circumstances observed in former times.

Answ. 3 Thirdly, the Parliament seeing a necessity of settling the Militia, thought that in conscience and humane reason it was much better, fafer, and more agreeable to that trust which was reposed in them by the Kingdome, That the strength of the Kingdome should rather be ordered according to the direction and advice of the Great Counsell of the Land equally intrusted by the King and Kingdome, for the managing of the great affaires thereof, then that the safety of the King, Parliament, and Kingdome, should be left at the devotion of a few unknowne Counsel­lours, many of them having not beene at all formerly intrusted by his Majesty in any publike office or service, nor confided in by the Com­mon-wealth. And therefore we may conjecture the legality of the Mi­litia settled by the Parliament.

Answ. 4 Fourthly, the Parliament desire not to remove the Militia from the King, but from his subordinate Ministers, (who by reason of their evill counsels given unto Him, and their small love, respect, and care shewed towards Them) the Parliament dare not confide in; and therefore one­ly place it upon other Ministers, whom they have no cause to suspect, nor against whom, (when they were nominated to his Majestie) He did except.

Answ. 5 Fiftly, the Parliament long since saw, and still sees (as themselves af­firme) the Kingdome in so evident, and imminent danger, both from enemies abroad; and a popish discontented, and disaffected party at home, that there was an urgent, and inevitable necessitie of putting the Kingdome into a posture of defence, for the safeguard both of his Majestie and people: and in all probability, and likely hood, if the Militia at Land, and the Navy at Sea, had not been setled in sure hands when they [Page 6]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 Common­wealth, 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 [Page 7]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 [Page 6]delayed) were unjustly charged with Treason, and after such unjust ac­cusation, were demanded and required of the House of Commons, by His Majestie, attended with a Troope of Cavalliers, who had intended to have taken them by force, if they had not been absent. By all which it appeares, That the setling of the Militia was not the cause why warre is made upon, or against the Parliament.

And thus much may suffice for the first quaere, concerning the Parlia­ments setling of the Militia.

Quest. 2 It may now in the next place be demanded, whether it be lawfull for us to obey this Ordinance of the Militia thus setled by Parliament.?

Answ. In case of extreame danger, and of his Majesties refusall, people are obliged, and ought to obey (by the Fundamentall Laws of this Land) the Command, and Ordinance agreed upon by both Houses, or the major part of both Houses (which is all one) for the Militia. I enlarge not this Answer, because that which followes concerning the deserting of the Parliament, may be applied hereunto.

Thus much may suffice for the first exception taken against the Par­liament: viz, Their action, in putting the Kingdome into a warlike po­sture of defense, by setling the Militia in such hands, as they durst trust.

I proceed now unto the other Exception, (viz) the fruits, and effects of the setling of the Militia, which are affirmed to be, the opposing of the Kings precepts and proceedings.

We affirmed before, That if the Militia had not been settled, we had beene in great danger of destruction; and now when it is setled we are neither free from feares, nor foes, enemies nor evils. Quest. 3 Whence it may be demanded, How may we be preserved from that ruine, and destruction which hangs over our heads.

Answ. 1 First, by standing upon our Guard.

Answ. 2 Secondly, by siding with and assisting of those who stand for us.

Answ. 3 Thirdly, by resisting and opposing those who withstand us.

This Question is something like Hydra's heads, for from this little Head, foure maine ones sprout and spring up; to wit,

• 1. Whether the Parliament may be deserted, or ought to be assisted?
• 2. Whether the King may be disobeyed, or his Commands opposed?
• 3. quest. 4 Why the Parliament dare not confide in the King, seeing he pro­miseth as much as they can desire?
• 4. Whether this Warre undertaken by the Parliament be warranta­ble and lawfull? Now of all these in this order.

It may first of all (I say) be demanded, Whether we may desert the Parliament in this time of danger, or is it our duty to obey, assist, aide and stick to them.

Answ. 1 First, whatsoever is said of this Subject, in that Treatise called, Reasons why this Kingdome ought to adhere to the Parliament, I wholy omitt; as also many Reasons which might have beene drawne, from a Trac­tate, which by many solide arguments justifies the Scottish Subjects for their defensive warres.

Answ. 2 Secondly, our Saviours rule is here worthy observation, Whatsoever you would, that others should do unto you, doe so unto them. Make the case ours, by supposing us in their places, and they in ours, that is, We Parliament men, and they private persons; and looke what aide, and assistance we would expect, and desire from them, if we were in such danger, as now they are, the same we should now affoord unto them.

Answ. 3 Thirdly, I dare not say, that with a blind obedience we should actively obey them in whatsoever they command: for as Councels in Divinity, so Parliaments in Policy, may erre: and therefore inquisition, disquisiti­on, examination, and conference are not forbidden us in any Acts or Statutes.

Answ. 4 Fourthly, the Members of the Parliament, are chosen by us, and stand for us, yea, are sent thither, intrusted by us with all we have, (viz) our estates, liberties, lives, and the life of our lives, our Religion, and the safe­ty of the Kings Person, and Honour: and therefore in equity, and con­science they ought not to be forsaken of us.

Answ. 5 Fiftly the Parliament men are no other then our selves, and therefore we cannot desert them, except we desert our selves, the safety of the Commons, and Common-wealth being wrapped up in the safety of the Parliament. As the Wolves desired the sheepe to put away the dogs, and then they would enter into a League with them, but when they had by so doing stript themselves of their best friends, and laid themselves open to their fiercest foes, they were then devoured without pity: even so may we feare it will be with us, if we should be so sottish as reject, and desert the great, grave, and grand Councell of the Land, (which consists of as wise, faithfull, meeke, moderate, sincere, just, upright, understanding, zealous, and pious Patriots, as ever any Parliament in this Land was pos­sessed, and consisted of) and submit our selves to the protection, and care, of obscure, and unknowne, yea malignant, and malicious Counsellours, who would glory so much in nothing as in our misery, and Ruine, as appeares by their deeds wheresoever they come, if they can but prevaile.

Answ. 6 Sixtly the Kings Majestie hath promised (in His-Message. January, 12. 1641.) That He will be as carefull of his Parliament, and of the priviledges thereof, as of his Life, and Crowne, and therefore if He assure them so of His adhering unto, and care of them, then much more should [Page 8] 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, [Page 9]then our Parliament? and who are more opposed and endangered for their zeale, and care for us, and our Priviledges than They? And there­fore we are guilty of Perjury before God, and Man, if we in this case assist them not, but desert them.

3. Treacherie; for such as forsake the Parliament, as the case now stands, are guilty of a manifold Treason: to wit, against the Church, against the State, against the Representative body of the Land, and against themselves. For by deserting of the Parliament, and suffering it to be trampled under foot, by Papists, Atheists, prodigals, Delinquents. Antiparliamentaries, and Viperous Monopolists, and Projectors; we betray

First, The Church to errour, and heresie.

Secondly, The State to ruine, and miserie.

Thirdly, The Parliament to bloud, and crueltie.

Fourthly, Our selves to poverty and slavery. And therfore I may truly and boldly say, That it is those who desert the Parliament, who are the Principall causes of all the bloud which is, hath, or shall beshed in this Warre, and of all the burning, plundering, ravishing, and theeving, wherewith the poore Subiect hath, or shall be oppressed.

Answ. 9 Ninthly, we may not vow (when things are come to maturitie and height, and the cursed conception is come to a birth) desert and fall from our Parliament because there hath beene long great jealousies, of some greivous mischeife, to be intended against our Church and State, by those who are enemies to both. Here note, that the jealousies which men generally have had, that there was, and is still some designe a foot, for the ruine and destruction of the Parliament, and of us through their sid [...]s, and of introducing, yea establishing of Popery, and of abolishing of Protestantisme in this Land, are these and the like: to wit,

1. That Army of 8000. Irish Papists, which was raised by the Lord Strafford, and ready to come over, either to further the Warre with Scotland, or (if that jarre were composed) to joyne with the English Army against the Parliament.

2. The endeavours and courses which were taken, to bring our En­glish Army out of the North, either to destroy the Parliament, or to awe and compell it, and take away the freedome of it.

3. The two Letters sent to Mr. Bridgeman, Ian. 14. 1641. and to Mr. Anderton, which intimated some sudden, sad and sorrowfull blow to be intended against the Puritanes in and about the Citie of London; and declared many things of deepe and dangerous consequence, which (considering many passages in the State since) seeme not to be faigned [Page 10]or forged; but to foretell dangerous and divilish practises really in­tended against the City, Country, and Parliament, by the Popish Faction.

4. The accusing of the 6. worthy Members of Parliament, against whom (as yet) no proof hath been brought, nor no particular instances produced (as hath beene againe, and againe promised) of any treachery treason or high and treacherous misdemeanors, practises or plotts.

5. His Majesties going into the House of Commons, attended neither with his ordinary Gaurd, only, nor Pentioners and Servants only but with diverse Cavaliers armed who by their words and gestures shew­ed themselves to bee men of desperate resolutions and bent them upon some damnable, and bloody designe.

6. The endeavours used to the Gentlemen of the Innes of Court.

7. The Rebellion in Ireland, which was raised for the diversion and interruption of the Parliament, for the weakning of our Land, by the maintenance of that, and for the strengthening of the Papists and Po­pish Faction with us. For when the English Protestants had beene plundered, pillaged, subdued and slaughtered there, (as it was reported, confessed and acknowledged by divers of the Rebels, when they were taken) they should have come hither to have assisted our Papists and Malignants, to have done as much to and with us.

8. The calling in diverse Cannoneers, and other Assistants into the Tower of London.

9. The making of Lunsford (a man of a knowne and notorious de­bach'd life and conversation) Lieutenant of the Tower; for he being so apt and fit a man for any desperate designe, or divellish practise, and in that place, having so much command over the City, made all gene­rally feare, that there was more mischiefe intended against the City, then did outwardly appeare.

10. The selling of the Crowne Jewels beyond the Seas, and buying therewith Field-pieces, Pieces for Battery, Culverings, Morter-peices, Carabines, Pistols, Warre-saddles, Swords and Powder, as appeared by the note of direction which was sent over, and found among the Lord Digbies Papers. Now although these were bought in June; yet we must imagine (as appeares by the time when they were writ for) that they were bespoke, and that order was given for the providing of them long before.

2. The fortifying and guarding of Whitehall with Amuunition, in an unusuall manner, and with men of turbulent spirits; for some of them with provoking language and violence abused divers Citizens passing [Page 11]by; and others with their swords drawne wounded sundry other Ci­tizens passing by (who we unarmed) in Westminster Hall.

12. The drawing away of many Members of the Parliament, by Messages and Letters from the Parliament, That the Actions of both Houses might be blemished and reported to be the Votes onely of a few, and an inconsiderable number, yea rather the Acts of a Party, then of a Parliament.

13. The force raised at Yorke, and the Ammunition provided beyond Sea, for to be sent unto Yorke that force being gathered (as was feared) to make an opposition against the Parliament, but evidently percieved to be imployed for the protection, and support of Delinquents.

14. The multiplying of Papists in this Land of late dayes their fre­quent meetings at certaine places in and about the City without con­troule, the audaciousnesse of their Preists and Jesuites with us, not­withstanding our strict and severe Statutes against them, the residence of the Popes Nunntio so long amongst us, the Colledge of Capuchins in or nere unto Coven Garden, and the favouring and prefering principally such as were either Popish, or Armini [...]n, who in some points are true Cozen Germanes.

15. Lastly his Majesties absenting of himselfe from his Parliament, withdrawing from them thereby both his presence and influence. Here note That after the King was councelled, and perswaded hereunto, this his absence followed and attended with this Doctrine, againe and againe iterated, viz. That the King absenting; dissenting, and severing of him­selfe from his Parliament, it was no Parliament neither had they any Power to dispose of any of the weightie affaires of the Kingdome; which dangerous Doctrine seemes to have beene taught by Court flatterers for these ends viz.

1. To discourage, weary and quite tire out our couragious, and inde­fatigable Senate.

2. To divert, interupt and retard their consultations, and designes both for our owne Reformation, and the subduing of the Irish Rebels.

3. To take off peoples hearts from the Parliament, to stagger them in their obedience unto them, to coole their zeale for the preservation and defence of them, and to make them call in question all their proceedings

4. To annimate all those who stood disaffected to the Parliament, to show their disaffection, and opposion with more freedome and lesse feare.

Tenthly, and lastly to this maine question, whether the Parliament may be deserted or ought to be adhered unto, I answere that of (of necessity) [Page 6]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 [...]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, Del [...]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 [Page 7]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 [Page 14]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 [Page 15]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 th [...] 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, [Page 16]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, [Page 17]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 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 [Page 16]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 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 [Page 21]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 [Page 22]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, & [...]l power intrusted by law in the hands of any) viz. that Princes have no power to do, but what is lawful, and sit to be done.

Ans. 2, Secondly, personall actions of superiours be disobeyed. The Gramari­ans say, Rex regis, à rego, the word King comes from Governing, because Kings are no other, but more high, and supreme Governours, and Magi­strates. Now some hold (and I think warrantably) that if any Magistrate, or Judge, do pursue a man, not judicially, and by order of Law, but in­vade him by violence without any just cause against all law, that then in so doing he is to be held as a private person, and as such we may defend our selves against him. As for example, a woman may defend her selfe own body against an adulterer, though a Magistrate. A servant may hold his Masters hands, if he seek to kill wife, or children in his rage. Marri­ners, and Passengers may resist him who stands at helme, if they see that he would run the ship against a rock; yea they might hold the Princes hands, if being at the helme he misgoverns the ship, to theia certain ship­wrack, without prevention, because by his so governing thereof, He haz­zards both his owne life, and theirs, and they by holding of his hands, prevent both his, and their own ruine, (which seems to be our present case) and therefore, much more may the whole Body defend it self against any such unjust and unlawfull invasion, as will indanger the safety, and welfare of all.

Ans. 3 Thirdly, the Kings personall, that is verball commands, without any stamp of his anthority upon them, and against the order of both Houses of Parliament, I imagiue may be disobeied. For I do conceive that no lawyer will say, that suppose the King should take the broad Seal of En­gland from the Lord Keeper, into his own hands, that all the writs what­soever he should issue forth signed with his own hand, and sealed there­with, ought to be obeyed: for it is not the stamp and impression of the Seale which makes a thing lawfull, but the Keeper thereof ought to be a Lawyer, and (by his place) should not for feare, or favour, signe any Writs there with, but such as are legall, and if he do otherwise, he is lya­ble to be questioned, and censured by a Parliament. And therefore doubt­lesse, when Writs and Precepts are issued forth without the broad seal, or without a regall, that is, legall authority (as of all the Writs and Com­missions, for executing the Commission of Array, are, as is proved both by the Parliament and others) they may be disobeyed, and withstood, e­specially when they are destructive to the Common-wealth.

Answ. 4 Fourthly, Princes by Parliaments may be withstood, when they desire, or endeavour those things, which tend to the envassailing of their people. Kings (we know) sometimes have loved their enemies more then their friends, and have marched forth amongst their ene­mies, to encounter with their friends. As for example, Richard 2. thought Spencor, and his confederates his best friends, though they were base sycophants, and bainefull foes, and conceited that his Peers (who were his loyallest Subjects) were the truest Traitors, And hence Princes being abused by the slattery of private persons (for some wic­ked ends of their own) have followed their private perverse counsels, before the grave, loyall and faithfull advice of their sage Senate. Now that it is lawfull for Parliaments to withstand Princes, who make un­lawfull Warre upon their people, is so evidently proved, by the Au­thor of that lately come forth, and learned and pious Treatise, called, A Soveraigne Antidote to prevent Civill Warres, Pag. 6, 7, 8, 9, &c. that at present I wholy silence it.

Answ. 5 Fiftly, the matter with us is quite, and generally mistaken, and the Question altogether wrong stated, viz. Whether we should obey the King, or Parliament? for the King and Parliament are not like two parallell lines, which can never meet, nor like two incompatible qua­lities which cannot be both in one subject, nor like the Arke and Da­gon, whom one House will not hold, nor like God and Mammon, which one man cannot serve; for by siding with, and assisting of the Parliament, in those things which are according to Law, we side with, and serve the King.

Two things are here distinguishable, to wit,

1. In our obeying of the Parliament according to Law, we obey the King. This his Majesty grants, commands and commends, yea pro­fesseth, that he requires no obedience of us to himselfe, farther then he enjoynes that which is Law, lawfull and just, And,

2. In our obeying of the Parliament in this present Military and Martiall designe, we stand for the King, not against Him: that is, for the good of his soule, person, estate, honour and posterity; of which a word or two severally.

1. They stand for the Soule of their Soveraigne, who withstand him (having a lawfull call, and warrant thereunto) from doing those things which (if he doe) he can never justifie in the Court of Consci­ence, nor at the great chancery day of Judgement, but must sinke un­der the sentence of condemnation, for those unlawfull, and unjustifi­able facts. And therefore the Parliament (and we in obedience unto [Page 24]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 [Page 25]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 away, and seldome continue to the third generation: so Kings cannot be sure that their Posterity shall peaceably and successively en­joy their Crowns, except themselves rule and governe according to Law, righteousnesse only establishing the Crown and Throne, both up­on Princes and their Posterity. And therfore they who assist not the King, in those things, wayes and courses, which are illegall, grievous, yea destructive to the Common-wealth, are His Childrens and Poste­rities best Friends.

I conclude this Question, with this Argument,

Arg. Those who labour with their lives and estates, to defend and main­taine the Kings Soule, Honour, Reputation, Wealth, Person and Poste­rity, obey and stand for Him.

Quest. 6 But the Parliament, and all those who side with them in this present designe, labour with their lives and estates, to maintaine and defend the Kings Soule, Honour, Reputation, Wealth, Person and Posterity.

Therefore the Parliament, and all those who side with them in this present designe, in so doing, obey and stand for Him.

It should seeme by what hath bene spoken, That neither Parlia­ment nor People, doth intend the least indignity, dishonour or disloyalty to the King: and it is most perspicuously and clearely to be seene, in all the Kings gracious Messages and Declarations, That he hath no designe upon his people or Parliament, neither intends any harme, opposition or oppression unto them, but professeth to rule them according to Law and equity: How then comes it to passe, that either the Parlia­ment will not or dare not confide in the King?

Answ. 1 First, it is because they see that some about the King, are potent with Him, who affect not the Parliament, nor their proceedings, have [Page 26]that influence in his counsels, and are so predominant and prevalent with Him, that they have often varied and altered him, from his words and promises. It is a Maxime in Law; The King can doe no wrong; for if any evill act be committed in matter of State, his Coun­sell, if in matters of Justice, his Judges must answer for it: and there­fore I will not lay any fault upon the King, but rather impute the faults which have bene of late obvious to many, unto some about him, or in great favour with him. Great discouragements (I grant) the Parliament in their proceedings have had from the King, but I dare not imagine that they came originally and primarily from Him, but from some about him, in regard of that vast difference, which is between his words spoken to his Parliament, with his own mouth, when he was with them, and the Messages sent unto, and the heavy char­ges laid upon them, in his Letters and Declarations, now when he is absent from Them. He said once, That in the word of a King, and as He was a Gentleman, he would redresse the grievances of his people, as well out of the Parliament, as in it. Againe, That he was resolved to put him­selfe freely and clearely upon the Love and affection of his English Subjects. Againe, we doe engage unto you solemnly the word of a King, that the se­curity of all, and every one of You from violence, is, and ever shall be as much our care, as the preservation of us and our children: And yet what actions and passages have of late fallen out, quite contrary to all these expres­sions? the Parliament and all who side with it, assist it, or obey it, in any of the Commissions or Orders thereof, being assaulted, opposed, yea now at last proclaimed Traitors. Againe, his Majesty doth pro­fesse the detestation of a Civill War, and abhorres (as he saith) the ve­ry apprehension of it. But this mind neither seemed to be in them, who came with his Majesty to the House of Commons, nor who ac­companied him to Hampton-Court, and appeared in a warlike man­ner at Kingstone, nor in diverse of those who have bene with him and employed by him at Yorke, Hull, Leicester-sheire, Lancashiere, Som­merset-sheire, Northampton-sheire, and other places. And therefore we must needs conceive, that the King is put upon these courses and wayes by his evill Counsellors, and consequently, that the Parliament cannot confide in his words and promises, untill those Councellors be put from him, or forsaken by him. And

Answ. 2 Secondly, because of that trust which is reposed in them. I dare boldly say, That if the King should take, or make those Protestations, which he makes in his Messages and Declarations, unto any one of the Parliament-House, for the performance of any promise either unto [Page 27]them or theirs, which did simply and soly concerne themselves, they would beleeve and obey him, and without any further question con­fide in him, but they cannot doe this in the case, and place, wherein they are. The trust reposed by the people in the Parliament, is as well to preserve the Kingdome by making of new Lawes, when and where there shall be need, as by observing and putting the Lawes already made, in execution: And therefore in regard of this trust, they dare not hazard the safety, preservation, and sole managing of the Land to his Majesty alone, upon his bare word; because if after such con­fiding of theirs in the King, upon his faithfull promise unto them, he should be over-swayed, and seduced by some wicked Counsellours, to lay some illegall impositions, taxations and burdens upon his peo­ple (as he did soone after the granting of the Petition of Right unto the Subject) the Kingdome then would (and might justly) blame them as the Authours of their grievances, that had so lightly given away their liberties and freedome, by subjecting them to an arbitrary power. And indeed, if we will but consider it without passion and partiality, the case is no other but this, if the Parliament should who­ly confide in the Kings words and Promises, then there were no more requisite in them, then this, to make a Declaration unto his Maje­sty of the grievances, burdens, annoyances and illegall proceedings in all, or such and such Courts or Persons, to the great oppression and heart-breake of the Subject, and having so done, to obtaine some serious Promise and Protestation, from the King to take-off all these pressures, and to be carefull for the future, that no such shall be imposed upon them, and then to confide in the King, and to breake-up the Parliament, and repaire every one to his own house. Now if Sense, Reason, Experience and Knowledge will tell us that this is farre from, or comes farre short of the true na­ture, and duty of a Parliament, then let us thinke that it is reason (as the case now stands) that the Parliament should not confide in the King. And

An. 3 Thirdly, because it were very dangerous for the time to come. Ad­mitting our present Soveraigne were as prudent as Salomon, yea as pi­ous as David (yea like him, a man after Gods own heart) yet it were dangerous for the Parliament so to confide in him, that they should trust the managing of all the great and weighty affairs of this King­dome wholy and solely unto him, and consequently granting him an arbitrary power, to rule us, according to the dictates of his own con­science, or as the Lord should move and perswade his heart. This (I [Page 28]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 [Page 29]and sutable to the malady; as for example, a man must not take a sword to quench a sire, nor thinke to defend himselfe against an armed foe, (who comes with his Sword drawn, or musket charged, or pistoll coc­ked to take away his precious life) with faire words; but must consider what remedy, or meanes is most proper for the preventing of the evill feared. Now there is no meanes better against offensive warres then de­fensive.

An. 2. Secondly, I answer in generall again, concerning Actions, by two Propositions, to wit,

1. That which is not lawfull for a private person to doe, is lawfull for a publicke; as for example, it is not lawfull for a private person to take away the life of one, whom he knowes to have robbed, or murde­red some one or other, but it is lawfull for the Judge upon the Bench, upon good proof, to do it.

2. That which is not lawfull for a private person in his own particu­cular cause, is lawfull for him in a publick: as for example, had Faux bin ready to have given fire to his train, when the Parliament had bin full, and in the very instant had fallen by a private mans Sword, that act had not bin punishable, but praise-worthy; but it is not lawfull for a private man to take away the life of one, because he sees, or knowes that he intends some mischiefe against his neighbour or acquaintance; but is bound only to indeavour to hinder, and prevent it, or, at least not to fall upon him, except he can by no other meanes prevent the death and preserve the life of his brother; and neither is this (I think) lawfull in all cases.

3. That which is not lawfull for a private and particular man to do upon his owne head, is lawfull for him to do being commanded by au­thority; as for example, if it be not lawfull for Sir John Hotham to shut the gates of Hull against the King, of his owne accord, yet it is lawfull being warranted, and commanded by the Parliament. If it be not lawfull for the Earls of Essex and Bedford, to take up arms to suppresse that party which oppresseth the Kingdome, of themselves, yet it is lawfull, by the Order and Commission of Parliament; as is proved by the soveraigne Antidote to appease our civill warres.

An. 3. Thirdly, if his Majesty passed an Act, not onely of Oblivion, but of Justification, to our Brethren of Scotland, for their Warres, or for taking up weapons against his instruments; then I cannot see where­in, or how our defensive Armes should so much differ from theirs, that they in so doing should be loyall Subjects, and we disloyall Traitours.

Answ. 4 Fourthly,a Necessary War must needs be lawfull; for the power and force of Necessity is such, that it justifieth actions otherwise unwar­rantable. The transcendent [...] of all politicks, or the Law Para­mount, which gives Law to all humane Laws whatsoever, is Salus po­puli, The safety of the people: and this Supreame Law of Nations, Sa­lus populi, hath it's immediate rize from the Law of Nature, which teacheth every worme, much more a man, and most of all a whole Nation, to provide for its safety in time of necessity. It is not alwayes lawfull for us to kill those who stand at our doores, or who would keep us from comming out of our doores: but if our houses be blocked up, and we so hindred from commerce with others, or from seeking reliefe for the sustentation of our own lives, that we and ours are in danger to famish, it is lawfull then to issue forth with the forces we can make, to fight our selves free: how much more lawfull then is it to sight for the liberty and preservation of a Church and State? It seemes evident by the clearest beames of humane reason, and the strongest inclinations of nature, That every private person may defend himselfe, if unjustly as­saulted, yea even against a Magistrate, or his own Father, when he hath no way to escape by flight: much more lawfull then is it for a whole Nation to defend themselves against such Assassinates, as labour to de­stroy them, though the King will not allow them defence. Let us con­sider the miseries, and heavy burthens which we must lye under, if we undertake not this defensive Way, and that will shew us the Necessity thereof. Now the evills which we are in danger of, are of that nature, that if they should fall upon us (which the Lord in mercy forbid) we would thinke, that it were better for us to have no being, then such a miserable being. The present Case seemes to many, who see throwly into things, to be threefold. viz.

2. Whether Popery or Protestanisme? and this doubt arises from the Kings Assistants and Agents, in his designes, or some who are in neere trust, and of great power with his Majesty, who (for the most part) are either of no Religion, or of any Religion, or of the Popish Reli­gion, or popishly inclined and effected. And

2. Whether slavery or liberty? and this doubt arises from the do­ctrines, counsels and perswasions of those about the King, who per­swade Him that it is lawfull for him to doe what he list. And

3. Whether estates or none? and this doubt arises from some speeches fallen from some in place and authority; that all we have is the Kings; that when there is necessity he may command of, or take from us, what he please; and that he alone is the sole Judge of this necessity. [Page 31]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
• [Page 32]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.
• [Page 33]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 [Page 34]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.