A Vindication of the KING, with some Observations upon the two HOUSES, by a true Son of the Church of England, and a Lover of his Countries Liberty.
I Shall not be curious to satisfie the Reason of any prepossest opinion, yet since the Times hath given an open Presse to cleare every imagination which is not stifled in this Dampe. I have endeavoured to contract my owne Meditations in a narrow roome, and rather expose them to the censure of the most judicious, then rest satisfied alone, and admit this cloudy surface to overwhelme so vast a body.
I confesse it was no meane part of my happinesse in our dangerous extreames, to hope for a happy Union by that soveraigne medicine of a fading State, a Parliament; and knowing the admirable affection of our gracious Soveraigne to the peace and quiet of the Kingdoms, though it was His unspeakable misfortune, never to know the misery of the people, till their discontents were grown to that head, they became almost (if not altogether) uncurable, by those unreasonable and illegall Monopolies, exacted by some ill-affected agents, conducing little to his advantage; but to the furthering of their ambition, who notwithstanding could as easily desert him in his misery, as before be the ready Instruments to importune him to this mischief, upon pretence of a Legall Authority: which who knows not a Prince may be soon mistaken in, since none can be so filly as to beleeve [Page 2]him a studied Lawyer: Yet that this should expose us to so great an adventure, as not onely to divest him of this suspected Arbitrary power, but to conferre an absolute Government to any whatsoever, renders me no other axiom then the Poets, ‘Incidit in Scyllam cupiens vitare Carybdi [...]n.’ But if you please to take the true state of the businesse, let your impartiall Judgement confer with your Reason upon these few notorious truths. What has the King denied which concerne our Liberty, and are the undoubted securities of our happinesse under the Regiment of a just and unquestionable Monarchy?
Are not our Rights and Properties already establisht this Parliament by such Acts of Grace, as could never finde Presidents from His Ancestors? besides the utter extirpation of Ship-money, Monopolies, upon what pretence soever those Arbitrary Courts of Justice, High-Commission, Starre-Chamber, Marshal-seas, &c. Has He not importuned the setling of Religion in its purity, and that there might be a Law to secure the tender consciences of those who will not agree to the Ceremonies? Are not the taking away these sufficient ground to dissolve our Jealousies, if ever we meant to be satisfied? As for their feares, I wish we had as little reason to suspect the fomenters, as we have the King; who is so clearely divested of any power, to make good the least injustice, that it's too great an hazard on His part, to adventure what our consciences enforce us to make good for Him on our part; & the conservation of these are so attested by Him (in the word of a King) with such unusual expressions, that if they came from a Stranger, (I suspected not an Infidell) I was bound to beleeve in charity? Witnesse those serious asseverations, God so deale with Me and my Children, as I intend to conserve my Parliament in it's Priviledges, the Rights of the Subjects, and the true profest Protestant Religion, God so prosper me in what I take in hand.
Is there yet a further way to establish them, whereby they may be so secure, that a violation may seeme impossible, without the subversion of the very Letter of the Law? Why is it not propos'd if it be no Invasion of that just Prerogative, was never denied His Ancestors? and what He hath deserved of us [Page 3]that he may not be as far trusted, is as hard to object as easily answered. If then we must needs agree that there being nothing so cleare, why should any subtle pretences hinder our desired accommodation, unlesse there be such that intend the alteration of our Government? and how inconsistent that may prove to a People already managed under the united Order of a virtuous King, daily experience offers it too easie of conjecture. Yet for our better satisfaction, let's weigh the amends wee are like to make our selves from these few inconveniences, amongst the thousands which daily expose themselves to our view.
1. The unlimited power of the two Houses hath already assumed into their own hands a formall Ordinance, countermanding, suspending, nay, creating Acts of Parliament, though not in the name of Acts, yet in the power of Acts, whereby both King and People are obliged to obey; how to distinguish this Ordinance from an Act of State, I am not well satisfied; yet I have heard it call'd Treason in one of their Members for this comparison, though with that cautious provisoe, That it should be no leading case to future ages for Judges to imitate. Is this the security of our undoubted Rights we have so long endeavoured? who carries not now his life in his hand, mannag'd by an exact power of a bare Vote, which if any contradicts, must suffer under the name of a Malignant party, though of their own Members; and not proceeded against by the justice of any precedent Acts, but condemned by the Votes of the present Session: and if this be not an absolute subversion of the Rights of Parliament, and destructive to the fundamentall Lawes of our Kingdome (wherein our Liberty consists) I would faine be satisfied what it is: for 'tis most apparent to whosoever examines their ordinary proceedings, we have no Law left but what serves their turne; and if that be defective to punish those they please to call Delinquents, their Legislative Ordinance can as well supply that defect, as it could make that obnoxious, which till this Parliament no man could ever call a fault.
2. This continuing power of the two Houses, which if they had had a minde should ever bee remitted, they would have either expressed it in their first demand, and limited it to a [Page 4]certain time, wherein they might have compleatly qualified the disquiet countenance of a troubled Estate; or since have endeavoured some Remonstrance for our satisfaction in that particular: For I would faine be answered, First, if they sit while they list, and passe what they list, whether they have not (dureing their pleasure) subverted our Monarchy by their Democracy, and invested themselves with a power more Arbitrary then the Monarchicall Government could pretend to; that having his Limitations and Rules of Law, which the Judges are to answer (if they mistake) or those that advise the King: their Democracy having no bounds, being but a thing of yesterday, and which as yet we cannot understand, assuming to themselves the sole power to judge of our dangers, and to propose such remedy as may answer their pretences.
3. How every conscientious man can dispence with that sacred Oath of Allegiance, wherein he calls God to witnesse for the vindication of his Princes just Prerogative, and their Protestation to maintain an absolute and unlimited power in the two Houses, wrested to those Ordinances expresly inhibited by His Majesties speciall commands: in my understanding it is to no other purpose then to leade us into a Maze, where, when we are lost by our misunderstanding (which must necessarily be the principall of our subversion,) They will offer us a Clue, shall either leade us to their premeditated designes, whereby of necessity they will become our Masters; or to an inevitable ruine, before we know the reason of our Feares and Jealousies, being the old rule they so often enveighed against: First, to trouble the State, then to subvert the Government. Let it not be objected now, That I am against Parliaments, for (God knowes) I am for them; and as zealous for my Country as any man that lives: But in my opinion, the best way to secure our Liberty had been, That our Members of both Houses might continue subject still, lyable to the Regiment of those Lawes which shall be enacted by them; wherein they will have a care of securing their owne estates for the future, as well as ours, which was certainly the intentions of our well advised Ancestors, in exposing so great a trust into their hands, when the Prince called for their advice in [Page 5]matters of greatest concernment; but by this continued Session, they not onely are invested with an absolute power, but are able to make themselves amends at leisure for those monies exhausted out of their estates, while we groane under the insupportable burthen of their (as they call them) Legall Taxes; and thus they may well be carelesse what Lawes are past, never intending to be observers, but Lords of what they make.
3. Who are these pretended Reformers of the Commonwealth, but the very Instruments who were the favourites during our oppression? I need not name them to any, who has once attended the Epidemicke trouble of our age, and what unheard of conversion we can make of their lives, whereby such a confidence should be reposed in them, as to devest so Religious and Just a Prince of his unquestionable Rights and Prerogatives, and conferre such an unlimited power so readily upon them, if we return to our former senses, renders me amazed; 'tis not amisse to ruminate some words His Majestie used in His owne vindication at Newmarket: My Lords, lay your hands on your hearts, who were the contrivers of these illegall Taxes, wherewith you have so incensed my people? to whose advantage were these impositions levied? are my Exchequers at all larger, or did they not rather conduce to your peculiar benefit? who were the onely perswaders of them, that you have now repaid me with condigne thankes? Those Favourites being content to be the causers, though not companions of their Princes mis-fortunes, being like Crowes upon a carkasse, that have no sooner bared the bones but they are flowne; are we not yet sensible, the rules of policy, not of honesty, to secure their lives and fortunes, not their consciences, exposed you to this politique, not publique service? and had you not in so exact a course served your turnes of these loyall pretenders, they had beene as lyable to the extremity of Justice as the greatest Delinquents, that under-went the most heavy censures; and undoubtedly had had their deserved shares, which would have given a better colour to their upright proceedings, as they would have you so believed, if they had impartially distributed Justice amongst the then Malignant party: But now that we [Page 6]should be so stupid as to be circumvented with any pretences whatsoever, which out-strip the Essentiall rules of Government or Reason, and confide in the positive Vote of an ambitious party, for ought we know, would admit my perswader to be a mad man that could allow that in his opinion. But make them what you will, suppose them to be the most reall and upright men in their lives and consciences in the whole world, They are but the Counsell of the King and Kingdome, not their Commanders; for the health of our State is admirably ballanced, if that have but its due proportion: The Parliament consisting of three bodies, the King, the Lords and Commons; so that if two should be destructive, and the third remaine sound, during those Laws already in force, there can be no danger to our Kingdome; but if either of the two can passe at their pleasure what they will, the third must then of necessity stand for a Cypher, for consenting or disagreeing is then of equall value, and in my opinion it's a president of too great an adventure; for suppose the King and the major part of the Lords should agree an Ordinance or Law, we should think it extreamly prejudiciall to the Liberty of the Subject, our Commons should be concluded peremptorily against their consents. I heard an Act not long since vouched in president, that had beene ratified against the consent of the Lords Spirituall, where they declared nec possumus, nee volumus consentire; and this so rare wee could not finde a second. At the Parliament at Oxford in 17. H. 3. when the Lords were not there present, they were faine to dissolve the House without passing one Act, confirming my first proposition, That the consent of two bodies are not of force to make us Lawes without the third, much lesse conclude. The King, who is not only the supreame head, but the very soule, whose power gives life to their actions, when their body is once dissolved; besides, how incoherent is it with that authority committed to them? for if the Parliament (which are onely his great Councell) offer him a Bill, which He is bound to agree unto, it was more then ever His Ancestors were; and of his Counsellors, it must necessarily follow they are His Commanders.
We have a Maxime with the Subject, Modu [...] & conventio [Page 7]vincunt legem: In former ages, and ever since Parliaments were in use, Le Roy s [...]avisera were sufficient authority to make a Bill of both Houses unwarrantable; and how the King hath lost that Right, or what new Laws are found out destructive to that Prerogative, I never yet read, nor ever shall, unlesse some such new Ordinance or bare Votes can pretend to such an unwarranted power, (whereof there was never yet found a President) which can have no other operation upon my understanding, then, That the Votes of the present Members which can at their pleasures dispose the undoubted Priviledges of the Crowne (by a Law recorded onely in their owne breasts) and giving out to us, under the guilded Title of the Peoples Liberty, when indeed they are but Golden Chaines instead of Bulrushes, and (reserv'd till occasion shall make it too apparent) may finde out a Law of equall force to dispose the Crowne, when they shall so farre debilitate the Prince, as he shall be no way able to make resistance; for when the supporters are not onely undermined, but clearly taken away, by what reason can we imagine the Structure may continue firme? that you may be sure we will not unjustly charge them, be pleased to observe with me their Orders in these few instances.
1. Their countenancing these unwarranted Acts, either by a seditious huddle of indigent people, and so procuring Petitions to necessitate these premeditated proceedings, or leavying an absolute Warre against the King; securing us upon no other reasons then that they are the representative body of the Kingdome, and therefore our Obedience rather to be expected, then our Reason satisfied, which indeed is true enough, if they proceeded upon that warranted rule to which no man could refuse observance, or being intrusted by Us with the power of preceding Parliaments; that they would pursue points of so high concernment, with the same mature reasons and deliberations, as they have done, and then they might well expect our readinesse to secure their actions. But suppose we elect one that should speak or endeavour to enact Treason, does our election bid us to secure him, or will future Parliaments blame us hereafter for giving up so great a Delinquent to the justice of the Lawes? dare we countenance their Intentions, who have fetcht Presidents from the weakest Princes, (nay, and [Page 8]go beyond them too) to the disadvantage of as able a Prince as ever yet held the Scepter; nay, and offer their suppositions to the Vulgar, If the Prince be a foole, a child, &c. ought he not to be govern'd by his Councell, though it be against his consent, if it stand with the publike benefit: what implication to make of this I understand not, but I am sure that it was none of our meaning when we gave our voyce in the Election? Can an Ordinance of Parliament, without the consent of the King, renew a repealed Act, and with so bold a countenance trample upon the heeles of that Parliament in Richard the seconds time, and this very repealed Act renewed this Parliament, be within one step of it, wherein the Parliament tooke the Crowne, and gave it to the then Earle of Bullingbrooke; which was the reason of so much bloud in our Civill warres, and was not well settled till of late yeares? And can we blame the King if He desire shelter from such a storme: If it be their intentions, sure one Bullingbrooke will not serve their turnes, since there hath beene equall shares in this so great an adventure. And to vouch the Oath of this Usurper H. 4. which came in at their benevolence to a Prince of an unquestionable Title, and never offered before or since to any English King that ever we read or heard of (but with its limitations) is so far from their loyall pretences, that they are rather to be believed studied mischiefes, and endeavours, to embroyle the Kingdome in a Civill Warre.
2. To disingage all that would out of affection, or [...]ove, interest themselves to secure the Kings Person and Dignity (it being too apparent to any ordinary understanding) that such proceedings were never warranted by any precidents of preceding Parliaments, or those Lawes they call fundamentall in our Kingdome, they scandalize such with the name of malignant Persons, whereby His Meniall Servants, either absolutely refused, or durst not adventure His attendance, and countenance this medley in such a sense, that the King Himselfe is perpetually traduc'd under this obstruse Dialect; which though they dare not put down in plaine English, for feare the most violent amongst them should be ashamed to owne it: yet by such an implication, as the plainest capacity cannot but blush, and with admiration wonder, whereto this [Page 9]may tend, I would faine be satisfied what these might not doe, when they had once mastered these their malignants: For if you will give us as much reason as the Ants, you must beleeve a Winter may come, as well as thinke a Summer is come: durst any man then oppose their proceedings, when they have reduced all to their owne Termes; do you not speak your selves the very Law, and we as we ought to yeeld no appeale from Parliament, being the highest Court in the Kingdome; yet in this sense as the King is a part of it, (for otherwise I understand not by what right) it has the preheminence of those they call the Kings Courts, being both conveen'd by the same Royall Authority.
3. The discountenancing any Petitions whatsoever, (wherein we desire to interpose our advice for accommodation, or otherwise) though never so agreeing with our Lawes, unlesse they stand with the sence of their party, as if all our Wisedome were shut up in so narrow limits, and these the onely men in England infallible: yet give me leave to averre, That to the number of almost two hundred approved able men, whose warranted judgement and sufficiencies were the onely inducement of their Countries Election, have beene faine to sit still, and see things carried in this disorderly confusion, (peremptorily against their earnest endeavours) and have not beene so much as askt their opinions in matters of greatest concernment; but being unwilling to expose their Consciences to so high a Guilt, have withdrawne themselves as unusefull Members of such a Body.
3. To insinuate a beliefe of their care to the Vulgar, They have perpetually surmised terrible Jealousies, which have produced no other effect then a desired suspition of the King; yet these offered upon most improbable conjectures, as every private Letter is sufficient grounds to piece up their designes, or by such persons whose private discontents leade them to offer these high indignities to that sacred Person, they were never worthy to serve in the meanest Office; and though their Lives were so notorious for their former extravagancies, they have by these superfluous invectives found countenance, till presuming upon their merits, which were none, except to abuse the King, can be called desert; That they have beene given up to rapine, or some [Page 10]such damnable sinne, that nature would never have pardoned, if we had had no Law; Yet these mens informations, sufficiēt ground to traduce the King, these Letters most necessary Animadversions to leavy Forces, to maintain the Kings Forts, Towns, & Magazines against Him; I, & in His own name too, as if they could derive that authority from Him, that has no power (according to your Ordinance) to leavie them in His owne Defence, though His Person is in never so apparent imminent danger; yet they for His good, and the good of the Kingdome, can pretend to this power, and beyond: yet that all is not of that infallibility, let M r Pyms Letter from Sir John Hotham witnesse with me.
I have committed these few Observations, to the view of the Publique, finding so many bold Pamphlets (with so high impudence) fly at the Face of Majesty unreproved, and every corner stinks of this uncleane Doctrine; yet since it is come to this height, that we must declare our selves, or loose our King: wherin my purpose failes, my life shall make good to my last breath; but if Religion, Reason, and Law had not warranted so just a cause, I should never have adventured to cleare a glasse to so foule a countenance: yet before I conclude, let mee propose one question in Religion: Whether the Church was not in it's purity in the Primitive times? the World agrees they had in those dayes a King that was no Christian? Whether Christ had not more power (then ever any can or dare pretend to since) to eclipse that Regall Dignity if it had beene destructive to the Church? yet hee refused the lowest office of a Magistrate, But gave to Caesar the things that were His; for when the young man came to him, and said, Lord command my brother that he divide the Inheritance with mee: He replyes, Who made mee a Ruler, or a judge amongst you? But now that we having a Christian King, professing by His unblemisht Life, the same way to salvation with us, protesting to conserve our Liberties with His Life, to make such an apparant difference, which may be the occasion of the effusion of so much Christian Bloud, upon meere Jealousies, will be the most unheard of disloyalty that can be committed to future Ages.