vered here, into prayers at home for us; for we have been, are, and shall be, to our utmost power, ready to relieve you, your husbands and children, and to perform the trust committed unto us, towards God, our king, and country, as becometh faithful christians and loyal subjects.

THE

VINDICATION OF THE PARLIAMENT,

AND THEIR PROCEEDINGS :

Or, their Military design proved loyal and legal.

A TREATISE

Wherein these things are ingenuously and sincerely handled; to wit,

1. That the militia, as settled by the parliament, is lawful.

2. That it is lawful for us to obey it, so settled 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 war of theirs is indubitably justifiable.

Pulchrum pro Patria mori. ·

London, printed in the year, 1642. Quarto, containing thirty-four pages.

THE main thing now looked upon, and pried into by all eyes, is the nature of this present martial and military design, undertaken by the parliament. Now, although much hath been written by many upon this subject, yet divers well-disposed and well-affected persons are very unsettled, and unresolved what to think thereof; and the reasons hereof I conceive to be these, to wit:

1. That compendious kind of writing, which some use, in laying down only the particular head, by way of assertion, without either amplification, application, or proof; whence he, who is not informed, or thoroughly insighted into the truth, and nature of that which is affirmed, is ready to conclude it a fallacy, Petitio quæsiti, et dare, not believe it upon the author's bare word.

2. That abstruse, sublime, and high stile, which others use in their writings, thinking all apprehensions as quick, and judgments as profound, and understanding as clear as their own; 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 help both the memory and understanding, so immethodical discourses do confound both understanding and judgment.

4. That slight and superficial kind of writing which others have, who, never searching themselves into the depth, life, and bottom of the point in hand, leave their reader just as wise as they found him. .. 5. That timerous half-handling of the case in controversy, 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 scratched face; dare not say what they can, may, should, or ought of the point, for the full satisfaction of their reader, leaving him, by this means, altogether without light in the most material things which he undertakes to instruct him in.

And therefore, because I will never refuse to sacrifice my life, much less spare any pains for the welfare, safety, and preservation of my country, the preventing of these civil wars threatened, the composing of our present distractions, and the satisfaction of tender consciences, to the utmost of my ability; I have, with what brevity, sincerity, plainness, and clearness, possibly I could, declared unto all, who desire to be satisfied what they may conceive and imagine of the true nature of the present design of the state and condition wherein we are, and what séems to be intended and aimed at by both sides.

I will not trouble myself to search records, nor presume to expound and interpret laws, being no lawyer, but only shew the lawfulness of this design, as far as the law of nature, the light of human reason, and experience, and my small knowledge in religion, will dictate unto me. Against the parliament two things are excepted; viz. their act, and the effect of that act; or, their action and intention.

1. Their action is the putting of the kingdom 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 queries are ordinarily made; to wit,

1. Whether it be lawful for the parliament to settle it without the royal assent?

2. Whether it be lawful for us to obey it so settled by them?

First, It may be demanded, Whether was it lawful for the parliament to settle the militia (which is made the cause of all our present distractions and dangers) or not, without the king's royal assent ?

2.

First, They did it not, without asking his permission and leave; for, considering the necessity of putting the kingdom into a posture of de fence, both in regard of foreign and domestick forces and foes, they addressed themselves to his majesty, desiring him so to order and dispose of the militia of the kingdom, as it was agreed upon by the wisdom of his great and grand council; whose counsel, above all others, kings, in parliament-time, have, and ought to embrace and follow; and, there fore, we may imagine that to be lawful, which our best lawyers, yea law-makers, did so earnestly sue and sollicit for.

Secondly, The parliament continuing their humble supplications unto the king, his Majesty was once graciously 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 shews evidently, That there was nothing unlawful in the substance of the thing desired (his majesty himself not excepting against that) but, at the most, that something, desired by them, did not square with some circumstances observed in former times.

Thirdly, The parliament, seeing a necessity of settling the militia, thought that, in conscience and human reason, it was much better, safer, and more agreeable to that trust, which was reposed in them by the kingdom, that the strength of the kingdom should rather be ordered according to the direction and advice of the great council of the land, equally intrusted by the king and kingdom, for the managing of the great affairs thereof, than that the safety of the king, parliament, and kingdom, should be left at the devotion of a few unknown counsellors, many of them having not been at all formerly intrusted by his majesty in any publick office or service, nor confided in by the commonwealth; and, therefore, we may conjecture the legality of the militia settled by the parliament.

Fourthly, The parliament desire not to remove the militia from the king, but from his subordinate ministers; who, by reason of their evil counsels given unto him, and their small love, respect, and care, shewed towards them, the parliament dare not confide in; and, therefore, only place it upon other ministers, whom they have no cause to suspect, nor against whom, when they were nominated to his majesty, he did except.

Fifthly, The parliament, long since, saw, and still sees, as themselves affirm, the kingdom 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 necessity, of putting the kingdom into a posture of defence, for the safeguard both of his majesty and people; and, in all probability and likelihood, if the militia at land, and the navy at sea, had not been settled in sure hands, when they were, we had, before this, been exposed to the practices of those, who thirst after the ruin of this kingdom, 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 be

ing the supreme law, it must needs be lawful for the parliament to settle the militia, in case of such necessity.

Sixthly, The power given to those, in whose hands the militia is placed by the parliament, is only to suppress rebellion, insurrection, and foreign 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 been taken by his majesty; and therefore we need not much question the legality of the militia.

Seventhly, This is granted on all sides; to wit, That the commonwealth intrusts the parliament to provide for their welfare, not for their woe; and that this parliament, thus intrusted by the people, did by a law instrust the king with the militia, to wit, for the welfare of the commonwealth, not for the woe thereof; and that this is implied, in that act or grant, though not expressed, no royalist, I persude myself, will question or deny. And therefore,

1. If the king's desire, and royal 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 inflaming or invassaling of his subjects and people; and that this likewise is the intent and purpose of his grand council, the parliament; then the difference, who shall establish the militia, is but a kind of λoyouaxía, or contention about words, or a ceremony, or a quarrel, who shall have their will, when both purpose and resolve one and the same thing; which is too weak a ground, and too trivial a cause, to draw that ruin, desolation, and destruction upon us, which must inevitably fall upon and seize us, if these civil wars, which threaten us, and hang over our heads, be not prevented. But,

2. If, which God forbid, the king should intend, and endeavour, by the settling of the militia, to inslave us, to tyrannise over us, and to rule us (being so curbed, and kept under by a strong hand of power) by his own will, then the parliament and law did never settle the militia upon him for that end, or to be so used; for the equity of the law, and not the letter of the law, is the true law.

Eighthly, It evidently appears, Aliquid latet, quod non patet, That neither the militia, settled by the parliament, nor Hull kept for the king and parliament, nor the magazines of Hull removed by the parliament, are the true grounds of the war so violently threatened against the parliament, by the malicious, mischievous, and malignant party of papists, cavaliers, and other ill-affected persons. For,

1. There were attempts made, to be possessed of Hull, and the maga zines, by Captain Legg, and the Earl of Newcastle, before ever Sir John Hotham was seized of it, much more, before he denied his majesty entrance thereinto; and this attempt, desire, and purpose, seems to some, and that not improbably, to take its rise from the Lord Digby's letter to the queen, wherein he desires, That the king would repair unto

some place of strength, where he may safely protect his servants, that is, such as will do him service against his parliament, amongst whom, most disloyally he saith, Traytors bear sway.

2. The Lord Digby promiseth, in his letter unto his Majesty, before the militia was settled, to do him service abroad, that is, as he expresseth himself, to procure for them supplies against the kingdom, and parliament, with which, he said himself would return, as he did indeed, in the ship, called the Providence, with store of arms, although he had been published and voted a traytor.

3. Before this, the same Lord Digby endeavoured to raise forces, under the pretence of a guard for the king's person, in winter.

4. Before the militia was settled, 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 do us any good. For if, in this battle, we had been conquered, we might have feared to have lost ourselves, and all we had, to the conqueror, with whom we fought; and if we had conquered, we might have been sure to have lost ourselves, and all we had, to the malignant party, for whom we fought.

5. Before the settling of the militia, there were endeavours to turn the English army, against the parliament, as is abundantly proved by them.

6. By the testimony, and allegations of many, the Irish rebellion, which broke forth, before the militia was settled, was hatched by the popish, and disaffected party in England, not to have rested there, but to have ended here.

7. Before the militia was settled, 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 deJayed; were unjustly charged with treason, and, after such unjust accusation, were demanded and required of the house of commons, by his majesty attended with a troop of cavaliers, who had intended to have taken them by force, if they had not been absent. By all which it appears, That the settling of the militia was not the cause, why war is made upon, or against the parliament.

And thus much may suffice, for the first quære, concerning the parliament's settling of the militia.

It may now, in the next place, be demanded, Whether it be lawful for us to obey this ordinance of the militia, thus settled by parlia

ment ?

In case of extreme danger, and of his majesty's refusal, people are obliged, and ought to obey, by the fundamental 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 follows, 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 kingdom into a warlike pos