That all Kings are the Lord 's Anointed it were yet absurd to think that the Anointment of God should be as it were a Charm against Law I know not what he means by that all Kings Saul was David was and particularly laments the fall of Saul As if he had not been anointed with Oil. 2 Sam. 1.11 And I never found any reason to doubt but that all Christian Hereditary Kings are the same too and consequently exempt from the Law forasmuch as concerneth the coactive force of the Law though not forasmuch as concerneth the directive Power of the Law Lord â—leâ—meâ—'s post â—â—ti 106. Subjects are bound to fullfil the Law by necessity of Compulsion but the Prince only by his own Will in regard of the common good For seeing the Law is but a kind of Organ or Instrument of the Power that governeth Hist of the World 29â— it seems saith Sir Walter Rawleigh that it cannot extend it self to bind any one whom no humane power can controul or lay hold of And therefore till I find better Authority for this his Iustice than he has yet given I shall look upon it as I do on the rest of his Book a thing meerly stuffed out to deceive the People If Subjects also by the Law of the Church so much approv'd by this King be invested with a Power of Judicature both without and against their King it will be firm and valid against him though pretending and by them acknowledg'd next and immediately under Christ Supream Head and Governour But what King or Queen of England besides Henry the Eighth Edward the Sixth and Queen Mary for her two first Years ever us'd that word Head Or in what Age was it that the Church of England ever pretended a power of Judicature both without and against their Kings He says if they are invested with such a Power but shews not that they are and instead thereof tells us that St. Ambrose excommunicated Theodosius the Emperour which he calls a Spiritual putting to death The like did St. German by Vortiger And two other Kings of Wales excommunicated by their respective Bishops Subjects of those Kings And admitting it I never heard that any of those Bishops ever perswaded the People that it was lawful to Murther those Kings or how does it make out this his Iustice against the King 'T is a shrewd sign a Man is sinking when he takes hold of Twigs Then he comes up with the particular Laws and Acts of Greece Athens Sparta Rome c. But what 's that to England must we be govern'd as they were Their Laws were for it the Laws of England directly against it Nor is there any Country whatever but has its particular Laws or Customs If a Man steal an Oxe or a Horse in the Isle of Man it is no Felony 4 Inst 285. for having no Woods the Offender cannot hide them but if he steal a Capon or a Pig he shall be hang'd for it But what need we saith he search after the Laws of other Lands for what is so fully and so plainly set down lawful in our own Where antient Books tell us Bracton Fleta and others that the King is under the Law and inferiour to his Parliament As for Bracton the Words that he means may be perhaps these Rex habet Superiorem Deum scilicet Item Legem per quam factus est Rex Item curiam suam viz. Comites Barones The King hath a Superiour to wit God But doth not say Superiours in the Plural Number Also a Law by which he is made King i. e. He hath a Law but says not a word of Punishment Also his Court to wit his Earls and Barons Not a Court as if it were of some others Constitution but a Court of his own Where the word habet in Propriety of Latin is necessarily understood 1 Inst 1. Or otherwise he would be contradictory to himself when he saith Omnis sub Rege Bra. l. 4. c. 24. S. 5. c. Every Man is under the King and he is under none but God He is not inferiour to his Subjects and hath no Peer in his Realm But saith no where that he is under the Law and inferiour to his Parliament which word his sufficiently denotes where the Superiority lies And for Fleta he saith Lib. 1. c. 17. f. 16. None can judge in Temporal Matters but only the King and his Substitutes Id. F. 66. And he hath his Court in his Council in his Parliaments c. And for the Mirrour of Justice a Book written in Edward the First 's time that says Mirâ— 232. Jurisdiction is the chief Dignity that appertains to the King And for what concerns the King's Oath it has been several times altered since that And what this King's Oath was I have particularly shewn before Chap. 6 Those objected Oaths of Allegiance and Supremacy we swore not to his Person but as it was invested with his Authority The same said the Spencers in Edward the Second's time but it was condemned for Treason by two Acts of Parliament 7 Coke 11 12. And Sir Edw. Coke calls it a damnable detestable and execrable Treason For Corps natural le Roy politique sont un Corps Plowd 213.234.242 and are inseparable and indivisible for both make but one King 4 Inst 46. The death of the King dissolveâ— a Parliament Now if this referr'd only to his politick Capacity the Parliament would continue after his Death because a Body Politick never dies And now as the Covenant once help'd the Houses at a dead lift it must do our Accuser the like Job at parting or this his Iustice will be little beholding to it Certainly no discreet Person can imagine it should bind us to him in any stricter Sense than those Oaths formerly And truly I must approve him when he deals ingenuously no certainly it did not for they broke all three The intent of the Covenant as it was to extirpate Prelacy to preserve the Rights of Parliament and the Liberties of the Kingdom so they intended so far as it might consist with these to preserve the King's Person and Authority but not otherwise for that had been to swear us into Labirynths and Repugnancies We vow'd farther to bring Delinquents to open Tryal and condign Punishment So that to have done so by the King hath not broke the Covenant but it would have broke the Covenant to have sav'd him the chief Actor as they thought him at the time of taking that Covenant Ye have heard what he says and I leave it to every Man to apply it as he pleases But because this matter has already taken up a whole Chapter between us I referr my Reader to what I have there said Chap. 14 And now to close all and if there be any Man has a Mind to learn how to break Oaths by Providence and forswear himself to the Glory of God To say Grace to the action be it never so ungodly and give Thanks for the Success be it never so wicked To carry on a Design under the name of Publick Good and make the slavery of a Nation the liberty of the People Or in a word to hold forth any useful though notorious Untruth with convenient Obstinacy until he believes it himself and so renders it no Sin let him read this Book of Mr. Milton's and if he does not improve upon it he may thank God for it FINIS
in the matter I shall not be shie in it It is and ever was the Law of England that the sole supream Government Command and Disposition of the Militia and of all Forces by Sea and Land and of all places of Strength is and ever were the undoubted Right of His Majesty and of his Royal Predecessors Kings and Queens of England Or else what means that of Fitz-Herbert Nat. Brev. p. 113. It is the Right of the King to defend his Kingdom To make Leagues and denounce War only belongs to the King 7 Coke 2â— as a Right of Majesty which cannot be conferred upon any other And how can he do it without the power of the Sword that is the sole Command of the Militia To levy War within the Realm without Authority from the King unto whom it only belongeth Id. Coke 3 Inst 9. was High Treason at the common-Common-Law before the Statute de proditionibus 25 Ed. 3. And a latter Statute not introductive of a new Law but declaratory of the old Law has the very Words touching the sole Command of the Militia 13 Car. 2. c. 2. c. before-mention'd with this farther That both or either of the Houses of Parliament cannot nor ought to pretend to the same nor can or lawfully may raise or levy War offensive or defensive against his Majesty his Heirs and lawful Successors Short View c. Fol. 86. And was confest by themselves when they acknowledg'd the Militia an inseparable Flower of the Crown and subject to no command but his Authority And yet contrary to this known Law these two Houses not only Petition the King That the Tower of London c. as before be forthwith put into such Hands as shall be recommended to him by both the Houses but upon his recess from Whitehall send him a Peremptory Petition That unless the King by those Commissioners then sent assure them of their former desires Mar. 1. 1641. Rushw Col. Fol. 92. they shall be enforced to dispose of the Militia by the Authority of both Houses which upon the King's refusal Sir Will. Dugdale 's Short View p. 85. they Vote a Denial and dispose of it themselves And now they begin to unpin the Mask and publish a Declaration wherein they say That what the Houses declare for Law ought not to be question'd by the King That the Sovereign Power resides in both Houses That the King ought to have no Negative Voice That Treason cannot be committed against the King's Person otherwise than as he is entrusted with the Kingdom and discharges that Trust and that they have a Power to judge whether he hath discharged that Trust or not 7 Coke 11. Fine dainty Law And the Spencers Treason in Edward the Second's time but better improv'd In the May following they fall a-branching it into nineteen Propositions Rushw 307. V. The Statutes at large many of which are but the substance of those Acts pass'd by Edward the Third in the fifteenth of his Reign and revoked by him the same Year as derogatory to his Crown and send them to the King which being refus'd by him they Vote The King intended a VVar upon them and thereupon raise an Army and suffering the Mask to drop off make Essex General thereof 12 Jul. 42. and farther Vote They will live and die with him On which the King sets up his Standard at Nottingham the August following Nor will I carry it further at present because I design not a History but only to shew which of the two the King or the Houses intended a Civil VVar and whether they did not undoe what they found well done In short their Endeavours were to strip the King of what God and the Law had given him the King 's was but to keep what he ought to have and therefore viewing both by a true light How can the King be justly charg'd with intending a VVar when it was in a manner but a suing for his own CHAP. VI. Vpon his Majesty 's retirement from Westminster WITH what unwillingness saith His Majesty I withdrew Westminster let them judge who unprovided of Tackling and Victual are forced to Sea by a Storm yet better do so than venture splitting or sinking on a Lee-Shoar And if the Parallel held not in all its Parts our Answerer had done well to have shewn in which it fell short whereas instead thereof he only says He was about to have found fault with the Simile as a garb somewhat more Poetical than for a Statist and finds it the strain of other of his Essays But what 's this to the matter farther than that in the Words His Essays a Truth slipt from him unawares in confessing them to have been written by the King and not by his Houshold Rhetorician as before But to the Argument saith he and I follow him with this by the way to my Reader That he would consider how the Houses had depriv'd the King of his Friends disrobed him of his Power trampled his Authority affronted his Person baited him with a Rabble and left him nothing but what could not be taken from him a good God and the satisfaction of a Conscience founded on a Compositum jus fasque animo Sanctosque recessus Mentis incoctum generoso pectus honesto And then tell me in what condition he was when he left Westminster I stay'd at Whitehall saith His Majesty till I was driven away by Shame more than Fear to see the barbarous rudeness of those Tumults c. a thing so true for matter of Fact that being not able to deny it our Answerer turns it thus That in the whole Chapter next but one before this the King affirms That the danger wherein his Wife his Children and his own Person were by those Tumults was the main cause that drove him c. Whereas what the King and that but in one place of that Chapter says of it is this That he thought himself not bound to prostitute the Majesty of his Place and Person and the safety of his Wife and Children to those who are prone to insult most when they have objects and opportunity most capable of their rudeness and petulancy With this other from Digby as he calls him who knew his Mind as well as any That the principal cause of his Majesty's going thence was to save them from being trod in the Dirt. And where in the name of Goodness lies the Contradiction The Tumults were such they might have been call'd Legion and well make a King asham'd to see them and not be able to disperse them But a direct Fear it could not be in him whom Ille timorum Maximus hand urget Lethi timor and who refused Life at the price of an inglorious Submission And yet in the Case of a private Person was not this ground enough to apprehend a danger and the consequence of it to be trod in the Dirt How much more then in the Case
Governour and upon the King 's coming before Hull attended only with his own Servants and some Gentlemen of the Country audaciously shut the Gates against Him and standing upon the Wall denied him Entrance Upon which the King as by Law he might proclaim'd him Traytor A Cholerick and revengeful Act says our Answerer to proclaim him Traytor before due process of Law having been convinc'd so lately before of his Illegallity with the five Members Goodly goodly and yet at the same time doubts not to tax the King of a Treasonable Act in borrowing Moneys upon his own Jewels Not unlike the Parliament 41 Hen. 3. who took notice of the Lye given to Montfort Daniel's Hist of Eng. 171. and 175. Earl of Leicester by William of Clarence but not of the Lye given the King by the said Leicester But the Point between us lies narrow A Man with Train'd-Bands holds and defends a place of Strength against the King The question is whether this be a levying of War within the Statute of the 25th of Edward the 3d. Sir Edward Coke shall answer for me 2 Inst 10. If any with Strength and Weapons invasive and defensive doth hold and defend a Castle or Fort against the King and his Power this is levying of War against the King within the Statute of 25 Edward 3. And in the leaf before he says It was High Treason by the Common Law to levy War for no Subject can levy War within the Realm without Authority from the King for to him only it belongeth Le Roy de droit doit saver defender son Realm Fitz. N. B. 113. a. c. And therefore this being the Case wherein may it be said that the King was to blame And lastly for what concerns this Gentleman's Catastrophe and whether Hotham were more infamous at Hull or at Tower-Hill no less ignominiously pretended to be answer'd it may be enough to satisfie any Impartial Man that he repented and came in though it were at the last Hour and for the rest he stood and fell to his own Master CHAP. IX Vpon the Listing and raising Armies against the King I Find saith His Majesty I am at the same Point and Posture I was when they forced me to leave Whitehall What Tumults could not do an Army must which is but Tumults listed and enroll'd to a better order but as bad an end To which our Answerer thus replies It were an endless work to walk side by side with the verbosity of this Chapter only to what already hath not been spoken convenient Answer shall be given But what that Answer is see He begins again with Tumults all the demonstration of the Peoples Love to the Parliament was Tumult their Petitioning Tumult their defensive Armies were but listed Tumults and will take no notice that those about him those in a time of Peace lifted in his own House were the beginners of all these Tumults abusing and assaulting not only such as came peaceably to the Parliament at London but those that came Petitioning to the King himself at York Neither abstaining from doing Violence and Outrage to the Messengers sent from Parliament himself countenancing or conniving at them Which is the Substance of what our Accuser says to this verbose Chapter as he calls it An old Figure in Politicks to Calumniate stoutly till somewhat stick to a Prejudice But where lay this Love of the People that they must needs express it in such a Tumultuary way God Almighty is more pleased with Adverbs than Nouns and respects not so much the Justice or Lawfullness of the thing as that it be Justly and Lawfully done and I think the Case was not such here Three or more gather'd together do breed a disturbance of the Peace Mr. Lambert ' s â—irenarchâ— Lib. 2. c. 5. either by signification of Speech shew of Armour turbulent Gesture or express Violence so that the peaceable sort of Men be disturbed or the lighter sort embolden'd by the Example It is Turba a Rout And it has been said Decem So Kitchen page 20. multitudinem faciunt Ten make a Multitude What then must ten times ten not to say Hundreds and Thousands arm'd with Swords Clubbs Staves as many of these Demonstrators of their Love were Chap. 4 and throwing out Seditious Language as I have shewn before the did O but their Business was Petition The same said the Barons and Commonalty at Running-Mead in the 17th of King John But what came these for What but Matters that no way concern'd them Justice Justice against the Earl of Strafford Chap. 2 yet the Parliament of the 14th of Char. the 2d calls them arm'd Tumults as before For putting the Tower of London into confiding Hands Chap. 4 A City Guard for the Parliament And the Kingdom into a Posture of Defence c. But still what was this to them As if a Parliament must be beholding to a Fescue And their defensive Armies saith he were but listed Tumults So that now as a last Shift he turns the Question to a Quis prior induit arma When all the World knows That the Defensive part of it was the King's and the Parliament were the Aggressor's in that they had made their Associations rais'd an Army some Months before and made Essex General thereof the 12th of July 1642. Whereas the King set not up his Standard until the August following But stay say the King in defence of his Right had first drawn his Sword what Law of England warranted theirs When besides what Sir Edward Coke of whom so lately says No Subject can levy War without Authority from the King it appears that the ancient Law of England was ever such or the Parliament had never declar'd That both 1 Cat. 2. c. 2 or either of the Houses of Parliament neither can or lawfully may raise or levy War offensive or defensive against the King c. And will take no notice that those about him were the beginners of those Tumults That the King had his Guards about him was no more than what became the Majesty of a King and that the Loyal Gentry made their Appearances at Whitehall when they saw it beset with a kind of Gebal and Ammon and Ameleck a confus'd conflux of People which also the King had forbidden was but the least of their Duty But when he talks of listing and abusing and assaulting such as came peaceably to the Parliament and doing Violence to the Messengers sent from them it is such a Rapsodie of Stuff that no Man can credit upon his single Authority And therefore I leave it as I do the rest of this Matter it being either such as I have before spoken to or such as no Man that had not a hand in those Mischiefs had ever vented Yet before I go off to another I cannot but take notice how he says The King twits them with his Acts of Grace Proud and unself-knowing Words in the Mouth of any King who
single Opinion of my own but the Authority of the Law that I think it needless actum agere Only when he says The Noblest Romans when they stood for that which was a kind of Regal Honour the Consulship were wont in a submissive manner 〈◊〉 go about and beg that Highest Dignity of the Meanest Plebeians which was call'd Petitio Consulatûs He would have done well to have cover'd his Hook a little better if he ever expected to catch any Fish If he had said they chuse their Consuls as we do our Knights of the Shire he that has most Voices carries it bating the Ambitus it had been well enough But when he speaks of a King of England what Mischief brought it into his Head to confound the Irregular Practices of a Democratical State with the settled Constitutions of an Hereditary Imperial Monarchy which this of England is or those several Statutes as well as Common Law of which before are grosly mistaken And therefore for the rest it bring but mere catching at Words whereby to wrest the Sence I had as good leave it and go to somewhat else CHAP. XII Vpon the Rebellion and Troubles in Ireland IT is the Nature of Flies to be ever buzzing and blowing upon any thing that is raw and has been the only design of our Answerer throughout his whole Book not to deliver Things as they truly were but to rake together old exploded Forgeries that having dress'd up the King as like a Tyrant as he can he may have the more to say in Defence of the Parricide It is the Way of Witches to foretell those Storms themselves intend to move Nor had the Contrivers of ours been wanting to that Part of it but the Earl of Strafford's Watchful Eye lay so close for them that nothing could be done unless they first brought his Masts by the Board And having gotten that Point of him and the Rebellion of Ireland falling close upon it they only make an advantage of it and buzze the People that it was done with the King's Privity at least if not by his Commission Whereby to represent him to the World as the more Inhumane and Barbarous Nor is this our Accuser less wanting to insinuate it over again when he says That it cannot be imaginable that the Irish guided by so many Italian Heads should have so far lost the Vse of Reason and common Sense as not supported with other Strength than their own to begin a War so desperate and irreconcilable against both England and Scotland at once without some Authority from England or great Assistance promised them and assurance which they had in private that no remedy should be apply'd against them All which being merely conjectural by the same Reason it may be true by the same Reason also it may be false without there were somewhat more than Words to evince the Truth of it And so taking that for granted which should have been first proved he audaciously Charges the King as the Prime Author of that Rebellion though both here and elsewhere he denies it with many Imprecations but no solid Evidence And how solid his on the other hand are may be worth the viewing It is most certain saith he that the King was ever friendly to the Irish Papists and in his Third Year against the plain Advice of Parliament sold them Indulgences for Money and engaged them in a War against the Scotch Protestants What he means by that Sale of Indulgences I know not nor does any History of ours that I yet met direct me to it The Irish were his Majesty's Subjects as well as the Scots and if he was friendly to them though Papists he did but the part of a prudent Father who seldom chucks one Child more than another for fear of breeding a Quarrel in the Family And besides though the Scots were Protestants there is not any one English Law against Papists i◠Force in Ireland and Sanguinary Law none◠But that the King engaged them in a War against the Scots wants Proof and as such I pass it To this he adds That several of the most active Papists all since in the Head of that Rebellion were in great Favour at Whitehall and in Private Consultations with the King and Queen and that he gave them more than Five Irish Counties at an inconsiderable Rent And for the Proof of all this quotes a Scotch Author but says not a Word who or what this Author was Tho' if he had call'd him Squire Meldrum the Cherry and the Sloe or David Lindsey against Side-Tails it had past not a Jot the worse with the People If they were in great Favour at Court it was no more than what the Scots also were if they had private Consultations c. Charity would have presum'd the best and that it was in order to the Quiet and Peace of that Kingdom and if the King gave them Five Counties he gave but his own which if he had shared among the Five Members we had not perhaps heard a Word of the Story But that they should ungratefully rebel against him how could he more foresee it of them than he did of the Scots And after this if any Vnderstanding Man yet doubts who was the Author and Instigator of that Rebellion I referr them saith he to that Declaration of July 1643 concerning this Matter Very good The Word of a King is but the bare denial of one Man and what is one Man against the Credit of Both Houses though they were Judges Witnesses and Parties I offerred saith his Majesty to go my self in Person upon that Expedition But happy it was that his going into Ireland was not consented to saith the other for certainly he had turn'd his intended Forces against the Parliament Whereas it seems more probable that without this Rebellion in Ireland they could never have rais'd their Rebellion in England For upon the Credit of the Acts for the borrowing of 400000 l. for the necessary Defence of England and Ireland Both of them 17 Car. 1. and for the Encouragement of Adventurers for the reducing the Rebels in Ireland they got ready Moneys into their Hands V. His Majesty's Answer to their Irish Papers In his Large Book f. 537. and rais'd Forces as was pretended for the Relief of that Kingdom but in truth fought the King with them at Edge-hill But enough of this Matter CHAP. XIII Vpon the Calling in of the Scots and their coming AND here again our Answerer lays his Foundation to this Chapter upon what he has so often run off to before and been by me and I hope fully answered That the first Original and Institution of Kings was by the Consent and Suffrage of the People and calls them the entrusted Servants of the Commonwealth but in his wonted way says not a Word how they came by this Power of choosing i. e. whether it were given them by God or they took it themselves If God gave it them he ought one
would think to have prov'd where when and how at least rendred it probable that there was once some such thing done though the Grant be lost And if they took it themselves it was Unjust in its Original and consequently they had no more Right to chuse their Kings than Children have to chuse their Fathers And yet from this false Position magisterially determines That Kings do no Acts of Grace and Bounty but in discharge of their publick Duty The Sum of the King's Discourse saith he is against settling Religion by violent Means and yet never did thing more eagerly than to molest and persecute the Consciences of most religious Men and made a War and lost all rather than not uphold an Hierarchy of persecuting Bishops That Consciences are not to be forced but to be reduced by force of Truth aid of Time and use of good Means of Instructions and Perswasions was his Principle as well as Queen Elizabeth's but saith Sir Francis Walsingham concerning the Queen's proceedings in the like Cases Causes of Conscience when they exceed their Bounds V. Hist of the Reform Part 2. f. 418. and grow to be matter of Faction lose their Nature and Sovereign Princes ought distinctly to punish their Practices and Contempt though colour'd with the pretences of Conscience and Religion And according to this saith he the Queen proceeded And if the King also did distinguish Faction from Conscience and Tenderness from Singularity blame the Law not him But He obtruded new Ceremonies upon the English and a new Liturgy upon the Scots with his Sword Saving the Reverence of the Thing it is Indifferent whether a Man Preach with his Hat on or hung upon a Pin the Hugonots have one way and the English another The same also may be said of Ceremonies but how indifferent soever they are in themselves when they are once commanded the indifferency ceases in the Law that enjoyns them And for that other of the Liturgy upon the Scots the King obtruded it not on them much less with his Sword because it was sent them at their own Request as I have shown before But admitting their Kirk liked it not what had they to do with a Church that did Or what Authority had Tweed to reform Thames least of all to give Law to their King and that too with beat of Drum and Colours displayed Especially when one of their own Acts of Parliament says Continuation of Sir R. Baker f. 514. That it should be damnable and detestable Treason in the highest Degree to levy Arms or any Military Forces upon any pretext whatever without the King 's Royal Commission Nor is this all For their National Covenant oblig'd them to his Defence or else what means this Expression in it Sir W. Dudg his short View f. 132. That whensoever his Majesty's Honour and Interest should be in Danger they would as one Man obliged by the Laws of God and Man apply themselves to his Succour and Defence And the Chancellor and others the Lords of that Kingdom had by their Letter of 1. July 1643. assured his Majesty That no Arms should be raised without his special Commission And after all this and contrary to the Common tye of Nature to run into open Rebellion against him What may it mean I 'll tell ye This Matter had been hatching ever since the Third of his Reign and though the Chick appear'd not till the Year 1637 yet it could run about with the Shell upon its Head and it wanted not Friends in England to keep it alive till it could feed it self and if it liked not one Barn-door take to another The Metaphor is too visible to need Application There was a kind of a Kirk Party in England that finding the King firm to his Principles knew there was no better way to deal with him than by reducing him to Necessities to the end that being forc'd to extraordinary means for Supply he might disgust the People and consequently attract an Odium But what 's a Bow without a Bowman The Scots and they made but one Kirk Money was the Nerve that would keep them together and what need many words among Friends Nor were they long without the occasion of shewing their Fidelity The new Liturgy as before had been sent to Edinburgh The Scots presently take the Alarm are quieted again but lost nothing by it and in return make the King all Protestations of future Loyalty How comes it then you 'll say that it was not long after that they invaded England and after that took Arms for the Parliament against the King The Case is plain the King had no Money the Houses had or at least knew where to get it Nor will it be unworth any Man's while to see what that was They had as a Relief to the Scots for their Losses 17 Car. 1. and a supply of our Brethren of Scotland for so the Act words it 220000 l. rais'd for them by Act of Parliament By an Ordinance of Lords and Commons Vid. Hughes's Abridgement of Acts and Ordinances p. 92. 27 Octob. 43. 66666 13 4. for their Brotherly Assistance in the defence of the common cause of Religion and Liberty By a like Ordinance Feb. 20. 1644. 21000 l. per Mens Id. p. 178. for the maintenance of the Scots Army under the Earl of Leven Further confirm'd Id. p. 197. June 13. 1645. Continued for four Months more Id. p. 220. 25 Aug. 1645. By a like Ordinance Id. p. 201. June 20. 1645. 130000 l. for enabling the Scots Army to advance Southward And by a like Ordinance Decem. 3. 1645. 31000 l. Id. p. 237. for payment of the Scots Army Besides all which I find in the continuation of Sir Richard Baker Fol. 611. Several other Moneys rais'd for the Scots which because they agree neither in Sum nor time I thought fit to transcribe and leave it to my Reader to judge of it as he thinks fit Taxed by them in 16 Car. 1. 350 l. per diem on the Bishoprick of Durham and 300 l. per diem on the County of Northumberland on the penalty of Plundering In the 20th they were impowered by Parliament to assess for themselves the twentieth part of the North c. In the 21st sent them 30000 l. to induce them to besiege Newark In the 22d 200000 l. more for delivering up the King And another 200000 l. secur'd them out of the publick Faith And 16000 l. allowed them for the charge of their Carriages All which I leave as I said to my Reader to judge and whether notwithstanding all that cry of Religion and Loyalty it far'd not with them like Atalanta in the Fable Declinat cursus Ovidâ—◠〈◊〉 l. 10. Fâ—â— 15. aurumque vâ—luâ—ile tollit And truly considering all if they were not well paid for their Pains I wish they were CHAP. XIV Vpon the Covenant UPON this Theam saith our Answerer his Discourse is long his Matter little
it the better which was as much as if they had been bidden to tell no body but Folk of it This Foundation thus laid they suppress the Vertue and lay open the defects of the Government The dissolution of Parliaments The Cales Expedition The Peace with Spain Loan-Money Ship-Money Enlargement of Forests Fines Imprisonments c. by the Star-Chamber Acts of Council-Table Selling of Offices Insolence of Bishops and muzzling the Mouths of painful Teachers and what not So that where lay the difficulty of raising what Super structure they pleas'd or wonder as it is said of Absalom's Rebellion that the People went with them in their Simplicity â— Sam. 15.11 and knew not any thing Till from one thing to another they came at last to devolve the pretended faults of the Officer upon the Office Nor was the matter yet come from Words to Blows when his Majesty had gratified them in most of those Particulars but now that they had gotten an Army it is not what the King would grant but what the Houses will be pleased to accept The King also begins to have an Army which because it appear'd more considerable than they imagin'd Loyalty without Money could have ever brought together they take up another Artifice and clamour it to the People That the King made use of Papists against them That all might be at Peace if it were not for Evil Counsellors And for themselves that their Intentions were the liberties of the Kingdom as the King in this Chapter particularly takes notice of and our Answerer in his wonted Scurrility runs off to other matter yet e're he was aware confesses The Sum is they thought to regulate and limit his Negative Voice and share with him in the Militia which in the Eighty fifth Page of his Book he owns to have been wrung out of his Hands And yet while they thus charge the King with making use of Papists against them they stifle that Army of Sectaries themselves brought against him An Army so diversified in Opinion that had any one Regiment of them been to have entred the Ark the Flood might have sooner come than Noah suited them into Pairs And now Clodius accusat Moechos Does Simeon accuse Levi I should think he ought not especially if we come to the order of the House that admits no Man to criminate another till he shall have first clear'd himself But allowing it to be true Those Papists were the King's Subjects and by the Law of the Land equally oblig'd to serve the King as well as Protestants who yet fought against him But did the Houses never make use of Papists I am sure they would have done it or otherwise what means that Declaration of theirs That if any Papists would bring in any considerable Sums of Money upon the Propositions Oct. 6. 1642. it should be receiv'd and for matter of Fact that they did so They hired Owen Roe O Neal to raise the Siege of London-Derry in Ireland then beleagur'd by His Majesty's Forces And then for his hearkning to Evil Counsellors a thing so often charg'd upon him by the Parliament But who were these Evil Counsellors during His Majesty's Imprisonment and when they lock'd him up so that no-body could come at him and yet still the same Man But we are off the Scent Themselves were not those Counsellors and if they had been perhaps we had heard no more of it The Lord Cottington was a desperate Delinquent but had the Grace to know where his Delinquency lay He gave up his Mastership of the Court of Wards to a confiding Lord and for that time Cantavit vacuus The Beast Castor takes his Name a Castrando and when the Hunters have gotten what they Hunted him for they take off their Dogs And lastly for what concerns their own so much boasted Preservation of the Rights and Liberties of the Kingdom it may be much doubted whether they did so or not but this I dare say if they merited Heaven by it it was by an Antiperistasis for how strong soever they found the Blessing of Judah upon this Land they brought it down to that other of Issachar As besides what I have said before witness their Committees in every County under their Power for the seizing and imprisoning Malignants i. e. Such as refused to give them the 25th part of their Estates and because the County Gaols were too few to hold them erecting others in most Cities and throwing the most considerable of them on Ship-board Their Sequestring the Estates of the Royal Party and denying them the benefit of the Statute that indempnified them 11 Hen. 7. c. 1. Forcing some to Compound and selling the Estates of such as refus'd it Their frequent Headings and Gibbettings Their Sale of King's Queen's Princes Church-Lands c. Add to this those heavy Burthens which without any Authority and contrary to Law they laid upon the People with a saving nevertheless to the Members of either House and the almost incredible Sums of Money they rais'd thereby Contin of R. Baker Fol. 610. See the Ordin of both Houses Mar. 1642. As witness that their Weekly Assessment of Thirty three Thousand Nine Hundred Eighty one Pounds Thirteen Shillings upon England and Wales which for the Year came to One Million Seven Hundred Sixty Seven Thousand Forty five Pounds Sixteen Shillings The vast Sums of Money they made of the Plate Rings nay even Sir W. Dugd. Short View Fol. 96. Bodkins and Thimbles brought into Goldsmiths-Hall which in London Essex and Middlesex came to eleven Millions The Moneys lent upon publick Faith The Profits of those Lands and Estates so seiz'd and the many Millions they got by the Sale of them Besides those By-jobbs through most Counties for the raising Horse Foot and Dragoons See Hughes 's Abridg. for the years 1643 1644 1645. the maintaining of them the defence of some Garrisons and the reducing of others And all this for the preserving the Rights and Liberties of the Kingdom which puts me in mind of that of Tully Nomina rerum perdidimus Ad Attiâ—um Licentia Libertas vocatur we have lost saith he the names of things and Licentiousness is call'd Liberty And yet the Tabernacle of the Robbers prosper'd Job 12.6 and those that provok'd God were secure CHAP XVI Vpon the Ordinance against the Common-Prayer-Book IT is no News saith his Majesty to have all Innovations usher'd in with the name of Reformations in Church and State by those who seeking to gain Reputation with the Vulgar for their extraordinary Parts or Piety must needs undo whatever was formerly settled never so well and wisely And less News it is saith our Answerer to have all Reformation censur'd and oppos'd under the name of Innovation by those who being exalted in high Places above their Merit fear all change though of things never so ill or so unwisely settled Which is no more than so many Words stitch'd together without he had
his Children and of a Master in rewarding his Servants And so what between pretended want of Instructions and the twenty days spun out to nothing the Treaty broke off as well it might with them that came prepar'd not to yield any thing However his Majesty's Commissioners desir'd an Enlargement of time but it would not be granted And to Salve it on their side our Answerer runs to his common Topick That the King had nothing no not so much as Honour but of the People's Gift yet talks on equal terms with the grand Representative of that People for whose sake he was made King And is one of the modestest Expressions of his whole Book and which I have so fully answer'd before Chap. 6 that I need not add any thing farther to it here CHAP. XIX Vpon the various Events of the War Victories and Defeats THIS Chapter relates nothing to the History of those times and is a brief but pathetical Account of his Majesty under those varieties of Events wherein he acquitted himself Justum tenacem propositi virum Quem Civium ardor prava jubentium Mente non quassit solida And verified his own Words That he wish'd no greater advantage by the War than to bring his Enemies to Moderation and his Friends to Peace As also those other That if he had yielded less he had been oppos'd less and if he had denied more he had been more obey'd And if the Word of a King may not pass in his own Case take in all Histories of him and you 'll find him so little made up of Accidents or subject to them that he sacrific'd his Particular to the advantage of the whole and more regarded an honest Life than a safe one Nor has our Accuser's railing given me Ground to take notice of him in this Chapter other than when he says His Lips acquitted the Parliament not long before his Death of all the Blood spilt in this War which also he had said before and to what I then urg'd I only add this now That His Majesty at the Treaty of the Isle of Wight seeing the unreasonableness of their demands made some Queries upon them of which this was one See tho King's Book in Folio Fol. 608. Whether his acknowledgement of the Blood that had been spilt in the late Wars nothing being yet concluded or binding could be urg'd so far as to be made use of by way of Evidence against him or any of his Party And whether this be an acquitting the Parliament for other I am sure there is none I appeal to any Man His Majesty came as near the Wind as with Honour he could till finding at last that nothing would do as stripp'd as he was of every thing but his Vertue and the Freedom of his Mind he justified to the World that however he was within the common Chance he was not under the Dominion of Fortune CHAP. XX. Vpon the Reformations of the Times I Need not tell my Reader the Argument of this Chapter the Title speaks it and As his Majesty was well pleas'd with this Parliament's first Intentions to reform what the indulgence of Times and corruption of Manners might have deprav'd so saith he I am sorry to see how little regard was had to the good Laws establish'd and the Religion settled which ought to be the first Rule and Standard of Reforming But our Answerer will by no means hear those two Bugbears of Novelty and Perturbation an Expression his Majesty uses in this Chapter the ill looks and noise of which have been frequently set on foot to divert and dissipate the Zeal of Reformers Aâ— it was the Age before in Germany by the Pope and by our Papists here in Edward the Sixth's time Whereas Christ foretold us his Doctrine would 〈◊〉 be receiv'd without the Censure of Novelty and many great Commotions But with his Favour he neither shews us that this Parliament had the same Authority which our Saviour had or that they proceeded his way For besides that He came not to destroy the Law Mat. 5.17 but to fullfil it in all Righteousness he commanded this to his Disciples Habete sal in vobis Mar. 9.50 pacem inter vos Have Salt i. e. Wisdom in your selves and Peace one with another And as he knew God was the God of Order not of Confusion he left the Care of his Church to his Disciples but no where that I find to reform it by Tumults or under the Face of Religion to destroy the Power of it as must inevitably follow when against known settled establish'd Laws Men shall take upon them to reform by the Lump without discerning what things are intermingled like Tares among Wheat Lord â—â—â—on which have their Roots so wrapp'd and entangled together that the one cannot be pull'd up without endangering the other and such as are mingled but as Chaff and Corn which need but a Fan to sift and sever them And that his Majesty was not averse to a due Reformation appears in this when he says I have offer'd to put all differences in Church-affairs and Religion to the free Consultation of a Synod or Convocation rightly chosen So offered saith our Answerer all Popish Kings heretofore And let it be produced what good hath been done by Synods from the first times of Reformation And truly if he knows none I offer none Though methinks he ought not in Gratitude to have forgotten their own Assembly of Divines Men of unknown Parts and so Instrumental to the carrying on of the Cause that if they had not kept blowing the Coals the Fire would have quickly gone out of it self But what talk we of Gratitude to a Man of those Times the Fish was caught and what more use of the Net And yet if the Houses had with the King submitted those differences to a Synod rightly chosen where had been the hurt Flannel-Weavers I must confess are not the best at making Love yet we have an old Proverb fabrilia fabri Every Man in his own Trade And who more fit to judge of Church-matters than Churchmen But this had been to uphold an Antichristian Hierarchy and what need that when scarce a Man of our Reformers but was a Church by himself Câ—mb Brit. Fol. 509. And why might not they bid as fair now as the Army of God and the Church in King John's time the Holy League in France the Sword of the Lord John Knox and Gideon in Scotland John of Leyden and Knipperdoling in Germany Tantum Religio potuit That successful Pretence of Mankind Religion Absalom mask'd his Rebellion with a Vow at Hebron and Herod his design of Murther with another of Worship CHAP. XXI Vpon His Majesty's Letters taken and divulg'd I Have heard of a malicious Stab that contrary to the intent of the hand that gave it open'd an Impostume And such was the barbarity of this Action of which also it may be as truly said Vna eademque manus
the Power of levying Money to maintain it for twenty Years 2. That the King justifie the Proceedings of the Parliament in the late War and that all Declarations c. against them be declared void 3. That all Titles of Honour conferr'd by the King since the Great Seal was carried to Oxford in May 1642 be taken away 4. That the Parliament might adjourn themselves when where and for what time they pleas'd But the King refusing to grant them the Parliament Vote there should be no more Addresses made him And upon Cromwell's laying his Hand upon his Sword and telling them the People expected their Safety from them and not from a Man whose Heart God had hardned the Vote of Non-Addresses was made into an Ordinance and that it should be High-Treason to receive any Message from him And now Compassion for the King's Sufferings with the discovery of their Hypocrisie had begotten such a general Indignation against the Parliament that all Wales declare for the King The Surrey Men Petition the Parliament for a Personal Treaty the same was Kent coming up to have done but seeing how evilly those of Surrey had been Treated they threw away their Petition and took Arms under the Earl of Norwich The same did others at Maidstone Black-heath Kingstone c. Which though they were all defeated yet the Houses seeing how the Inclinations of the Kingdom went and Cromwell being out of the way in securing Edinburgh they revoke their Ordinance of Non-Addresses and send the King new Propositions not much easier than the former and upon his Answer to them they sent Commissioners to treat with him at Newport in the Isle of Wight Sept. 2. 16â—â— the Treaty to be transacted with Honour Freedom and Safety in which the King made such Concessions Decemb. 5. 16â—â— that it was resolv'd upon the question by the Commons That the King's Answers to the Propositions of both Houses are a ground for the House to proceed upon for the settling the Peace of the Kingdom But it seems they had been so long dodging about Trifles that Cromwell was come to London before any thing was done Nov. 20. 1648. For Fairfax and the General Officers had remonstrated and amongst other things requir'd That the Capital and grand Author of our Troubles the Person of the King be brought to Justice for the Treason Blood and Mischief he is therein guilty of c. But the Presbyterian Party standing strong to the Resolve aforesaid a Guard is set upon the House the major part of the Members are excluded and the King made a closer Prisoner in Carisbrook-Castle which brings me to these His Majesty's Meditations upon Death In which as from the precedent of several of his Predecessors both of England and Scotland well he might he makes this Judgment That there are but few steps between the Prisons and Graves of Princes And now we 'll see what this Accuser says when having lopp'd off more than three quarters of the Title that he may bring the rest to his own Model he goes on All other humane things are disputed and will be variously thought of to the World's end but this business of Death is a plain Case and admits no Controversie Nevertheless since out of those few mortifying Hours he can spare time enough to inveigh bitterly against that Iustice which was done upon him it will be needful to say something in defence of those Proceedings And makes this his Justice the Justification of that horrid Parricide from that universal Law Whosoever sheddeth Man's Blood by Man shall his Blood be shed And that other of Moses Ye shall not take Satisfaction for the Life of a Murtherer No exception in either of them And well may he call it Iustice when he so often blasphemes God in making him the Favourer of those the before unheard-of Villainies of that Usurpation and Tyranny as here also so wretchedly detorts Scripture to give it a Colour Whereas it was Injustice it self in its very Foundation as being directly contrary to the Law of God the Law of the Land and the Practice of the Jews from whom he draws his Authority To the Law of God whereby we are commanded First Negatively not to think ill of the King Curse not the King Eccles 10.20 no not in thy Thoughts Much less then may we speak it Thou shalt not speak Evil of the Ruler of thy People Exod. 22.18 Least of all may we do him hurt Touch not mine Anointed Secondly Affirmatively Psal 105.25 To Honour him as by the fifth Commandment and that with a Blessing annex'd to it That thy Days may be long in the Land To keep his Commandments Eccles 8.2 4. and that in regard of the Oath of God Neither may we give him any cause of Anger Prov. 20.2 for he that provoketh him sinneth against his own Soul And if thus far be true then I am sure it was Injustice to murther him To the Law of the Land Where besides what I have before said to the Soveraignty of the Crown of England to imagine the King's Death Chap. 6 To levy War against him in his Realm 25 Ed. 3. c. 2. or adhere to such as do so that it proveably appear by some Overt Act is High-Treason 3 Inst 12. The like is the Preparation by some Overt Act to take the King by force and strong hand and imprison him until he hath yielded to certain Demands And what must it then be to sit in Judgment upon him â— Ed. 3.19 who having neither Equal nor Superiour in his Realm cannot be Judged And greater than this what must it be to murther him And lastly contrary to the Practice of the Jews from whom he draws his Authority The Israelites had a hard Bondage under the Egyptians 〈◊〉 12 37. and yet that Moses whom he quotes and Six Hundred Thousand Footmen with him besides Children and a mix'd Multitude fled from Pharaoh 1 Sam 22.2 but did not rebel against him David in the head of an Army and those if we consider the Persons desperate enough fled from Saul And Eliah from Jezabel Seven Thousand Men yet left in Israel who had not bow'd their Knees to Baal 1 Kings 19.18 So that if Scripture Law or Practice have any Authority I think I need not labour the matter to prove it execrable as well as unjust Besides with what common Modesty could he tax the King with Blood when the Houses had form'd an Army so long before him as I have shewn before And therefore who shall be or was ever said to be guilty of the Blood spilt in a War the Aggressor or the Defendant when the Law chiefly regards the Original act Nor will Success more be able to alter the Nature of it than as says His Majesty The prosperous Winds which often â—ill the Sails of Pyrates do justifie their Pyracy and Rapine And were that true saith he which is most false