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A90655 King Charles the First, no man of blood: but a martyr for his peopleĀ· Or, a sad, and impartiall enquiry, whether the King or Parliament began the warre, which hath so much ruined, and undon the kingdom of England? and who was in the defensive part of it? Philipps, Fabian, 1601-1690. 1649 (1649) Wing P2008; Thomason E531_3; ESTC R203147 60,256 72

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conditions the King made unto them may make it to bee as needlesse to enquire of them as for a man to aske where to find Pauls Steeple in London when hee is in Pauls Church-yard or to enquire for the Sunne in the dog-dayes when hee and every man else may see or feele the effects of it wee shall bee content to consider what the King offered and what the Parliament would have had him to grant What the King would have done and what the Parliament have done and by that see which would have beene the better bargaine The King like a pater patriae offered over and over to grant all manner of Lawes and Liberties which might bee good and wholsome for his People and only denyed to grant those things the granting whereof as hee said himselfe would alter the fundamentall Lawes and endanger the very foundation upon which the Publique happinesse and welfare of his People was founded and constituted or to give them Stones instead of bread or Scorpions insteade of Fishes But the Parliament meaning to feede the People neither with bread nor Fishes ask the Royall-Sword Crowne and Scepter Coronation-Oath and Conscience and an Arbitrary-Power to Governe and Domineere over their fellow Subjects and to enslave those that trusted them And though the King had already granted enough to preserve the Lawes ●ives Religion and Liberty of the people and was so willing almost at any rate to purchase a peace for himselfe and his people as hee was content to part with his Sword and Militia and divers other parts of his Regality during his life Yet that would not serve the turne 't was Naboths vineyeard not Ahabs Fast made all the businesse the Parliament that pretended so much to deny themselves and to dote upon the people doe notwithstanding all they can to continue the Warre and to cozen and force the Peoples blood estates and conscience out of them and they must never give over paying of taxes fighting and fooling till they enable them to imprison their King and not only murther him but thousands and many ten thousands of their fellow-subjects and the Lawes Religion and Liberties of the people And now that they have don more then the men of the Gunpowder-treason intended to do and all England are become like Sheep without a Sheepheard wandring on the mountains and thousands of Wolves by votes and ordinances and mis-called Acts of Parl. appointed to feed them 4 or 5 years sad experience in the Warres of the Parliament against the King and almost as much more time spent in setling and subduing the people making them like Camels to kneel down to take up their burdens labour and travell hard and endure hunger and thirst under them yet yeild up their veines to bee prick't for blood to enable their drivers to furnish them with a new supply of burdens when they shal be discharged of what they have laid upon them May easily shew us a difference as big as a mountaine betwixt our old good Lawes and Liberties enjoyed under a gracious King who had an Estate of inheritance large enough of his owne besides an Oath to obliege him to protect us and a Hell upon Earth and the most Slavish of all the governments were ever yet put upon a Nation by men of as little wit and Estates as they have honestie having no other obligations upon them but their owne abhominable designes and interests For which of the People unlesse those that have traded in their neighbours blood and ruine but hath made their complaints of their undoing The Religion of the Kingdome once so glorious is now cut into fancies and blasphemies the Churches where God was wont to bee worshiped either defaced or pulled downe or made Stables for horses the Lawes of the Kingdome that were consonant to the Word of God and had in them the Quintessence of all could bee found to bee extant in the lawes of nature Nations Civill lawes or rectified reason and whatsoever the wisdome and care of all former Kings in Parliament or the usage and customes of this or any other neighbouring Nations could bring to it's perfection and were wont to nourish and preserve peace and propertie among us voted out or into that sense or tother interest to that every thing or nothing or to that non-sence according as the Lawlesse Unlimited Unjust and Ignorant will of fellow Subjects shall please to misuse them in the voting-house or place of bandying aies or noes for a Parl. which in it 's legall and primitive institution consisting of King Lords Cōmons the right use of it is so venerable as no man as our Laws say ought so much as to speak or thinke dishonorably of it we cannot without violence to the Laws and our own reason and understanding call it where Publique orders are made without hearing of all or any parties interessed a peece of a cause heard by some none at all of it by others votes and parties made and picked and lent to one another before hand and the best of the Faction and juglers carry all the businesse as they have a mind to it A way of Justice worse then that if there were any in it of a lawles Court said to be kept yearly on a Hill betwixt Raleigh and Rochford in Essex the wednesday after every Michaelmas-day where the Steward or Judge sitteth in the Night after the first Cockcrowing without any light or Candle and calleth all that are bound to attend the Court with as low a voice as possibly he may writes orders with a coals and they that answer not are deepely amerced For that being a particular punishment long agoe inflicted upon the tenants of certaine Mannors in Raleigh hundred for a conspiracy against a King is but once a yeare and some shift or change or mercy of the Steward or an appeale may take away the inconveniency of it A way of government worse then to bee Subject to the rule of so many fooles for they might perchance doe that would bee just or so many Knaves who but in playing the Knaves one with another or for reward might sometimes do that which was right or Mad men which at intervals might doe something which was reasonable worse then for every Subject of England to bee put to play at dice for his life or Estate or any thing else hee should crave a Justice to get or keep for then hee might by skill or chance obtaine some thing In fine worse then any example or way of Government the World hath as yet produced and can have nothing worse but Hell it selfe The Parliament and priviledges of it are destroyed and every mans Life and Estate in no better a condition then at the pleasure of the next pretenders to it All the Charters and Liberties of Citties and corporate Townes Corporations of Trade and Companies of Merchants made voide all the Merchandise Trade and manufacture of the Kingdome laid open and in common to
in the beginning of this Parliament accepted of one for the Countie of Yorke Gave His People to understand That Hee had awarded the like Commissions into all the Counties of England and Dominion of Wales to provide for and secure them in a legall way lest under a pretence of danger and want of Authority from His Majestie to put them into a Military postu●e they should bee drawne and engaged in any opposition against Him or His Just Authority But 21. June 1642. The Lords and Commons in Parliament Declaring The Designe of their Propositions of raising Horse and Moneys was to maintaine the Protestant Religion and the Kings Authoritie and Person and that The Forces already attending His Majestie and His preparations at first coloured under the pretence of a guard being not so great a guard as they themselves had constantly for 6. moneths before did evidently appeare to bee intended for some great and extraordinary designe so as at this time also they doe not charge the King with any manner of action of Warre or any thing done in a way or course of Warre against them and gave just cause of feare and jealousie to the Parliament being never yet by any Law of God or man accounted to be a sufficient cause or ground for Subjects to make a Warre against their Soverainge did forbid all Mayors Sheriffes Bayliffes and other Officers to publish His Majesties said Letter to the Citie of London And declare that if Hee should use any force for the recovery of Hull or suppressing of their Ordinance for the Militia it should bee held a levying Warre against the Parliament and all this done before His Majestie had granted any Commission for the levying or raising of a man and lest the King should have any manner of provision of Warre to defend Himselfe when their Army or Sir John Hotham should come to assault Him Powder and Armes were every where seized on and Cutlers Gun-smiths Sadlers and all Warlike Trades ordered not to send any to Yorke but to give a weekely account what was made or sold by them And an Order made the 24. day of June 1642. That the Horses which should bee sent in for the Service of the Parliament when they came to the number of 60. should bee trayned and so still as the number increased 4. July 1642. The King by His letter under His signe Manuall commanded all the Judges of England in their circuits to use all meanes to suppresse Popery Riots and unlawfull assemblies and to give the People to understand His Resolution to maintaine the Protestant Religion and the Lawes of the Kingdome and not to governe by any Arbitrary way and that if any should give the King or them to understand of any thing wherein they held themselves grieved and desired a just reformation Hee would spedily give them such an answer as they should have cause to thank Him for His Justice and favour But the same day a Declaration was published by both houses of Parliament Commanding That no Sheriffe Mayor Bayliffe Parson Vicar Curate or other Sir Richard Gurney the Lord Mayor of London not many dayes before having beene imprisoned for proclaming the Kings Proclamation against the bringing in of Plate c. should publish or Proclaime any Proclamation Declaration or other Paper in the Kings name which should bee contrary to any Order Ordinance or Declaration of both houses of Parliament or the proceedings thereof and Order That in case any Force should bee brought out of one County into another to disturbe the Peace thereof they should bee suppressed by the Trayned Bands and Voluntiers of the adjacent Counties Shortly after Sir John Hotham fortifieth the Towne of Hull whilest the King is at Yorke seizeth on a Ship comming to Him with provisions for His Houshold takes Mr. Ashburnham one of the Kings Servants Prisoner intercepts Letters sent from the Queene to the King and drowneth part of the Countrey round about the Towne which the Parliament allowes of and promise satisfaction to the owners 5. July 1642. They Order a subscription of Plate and Horse to bee made in every Countey and list the Horse under Commanders and the morrow after Order 2000. men should bee sent to relieve Sir John Hotham in case the King should besiege him to which purpose Drummes were beat up in London and the adjacent parts to Hull The Earle of Warwick Ordered to send Ships to Humber to his assistance instructions drawne up to bee sent to the Deputie-Lievetenants of the severall Counties to tender the Propositions for the raising of Horses Plate and Money Mr. Hastings divers of the Kings Commissioners of Array impeached for supposed high Crimes and misdemeanours and a Committee of five Lords and ten of the house of Commons ordered to meete every morning for the laying out of ten thousand pounds of the Guild-hall moneys for the buying of 700. Horse and that 10000. Foote to bee raised in London and the Countrey bee imployed by dirction of the Parliament and the Lord Brooke is furnished with 6. peeces of Ordnance out of the Tower of London to fortifie the Castle of Warwick And 9. July 1642. Order That in case the Earle of Northampton should come into that County with a Commission of Array they should raise the Militia to suppresse him And that the Common Councell of London should consider of away for the speedy raising of the 10000. Foote and that they should bee listed and put in Pay within foure dayes after 11. July 1642. The King sends to the Parliament to cause the Towne of Hull to bee delivered unto him and desires to have their answer by the 15. of that moneth and as then had used no force against it But the morrow after before that message could come unto them they resolve upon the Question That an Army shall bee forthwith raised for the defence of the Kings Person and both houses of Parliament and those who have obeyed their Orders and Commands in perserving the true Religion the Lawes Liberties and the Peace of the Kingdome and that they would live and dye with the Earle of Essex whom they nominate Generall in that Cause And 12. July 1642. Declare That they will protect all that shall be imployed in their assistance and Militia And 16. July 1642. Petition the King to forbeare any preparations or actions of Warre and to dismisse His extraordinary guards to come neerer to them and harken to their advice but before that Petition could bee answered wherein the King offered when the Towne of Hull should bee delivered to Him hee would no longer have an Army before it and should bee assured that the same pretence which tooke Hull from him may not put a Garrison into Newcastle into which after the Parliaments surprise of Hull Hee was inforced to place a Governour and a small Garrison Hee would also remove that Garrison and so as his Magazine and Navy might bee delivered
and thereupon every man of Israell followed after him and forsooke their King David who knew that Moses would not make a Warre upon the Amorites though he had Gods commandement for it without offers of Peace messengers sent first unto them said to Amasa assemble me the men of Judah within three dayes and when hee tarried longer said unto him Take thou thy Lords Servants and pursue after him lest hee get him fenced Citties and escape us For they that would take heede of Cocatrices have ever used to kill them in the shell And diligenticuiquè Imperatori ac magistratui danda est opera saith Bodin ut non tam seditiones tollere quam praeoccupare student For sedition saith hee once kindled like a sparke of fire blown by popular fury may sooner fire a whole City then bee extinguished Et tales igitur pestes opprimere derepenté necesse est Princes and Soveraignes who are bound to protect and desend their Subjects are not to stand still and suffer one to oppresse another and themselves to bee undone by it afterwards But put the case the Parliament could have beene called a Parliament when they had driven away the King which is the head and life of it or could have beene said to have beene two houses of Parliament when there was not at that time above a third part of the house of Peeres nor the halfe of the house of Commons remaining in them and what those few did in their absence was either forced by a Faction of their own or a partie of Seditious Londoners for indeed the Warre rightly considered was not betwixt the Parliament and the King but a Warre made by a Factious and Seditious part of the Parliament against the King and the major part of the Parliament and had beene as it never was nor could bee by the Lawes and constitution of the Kingdome coordinate and equall with the King and joint tenants of the Kingdome it would have ●●●ne necessary to make the Warre as just as they could and to hace done all that had beene in order to it and therefore wee hope they which pretend so much to the Justice of the Kingdome will not bee offended to have the Justice of their Warre somthing examined CHAP. IIII. Suppose the Warre to bee made with a neighbour Prince or betweene equalls whether the King or Parliament were in the defensive or justifiable part of it PLaerique saith learned Grotius tres statuunt bellorum just as causas defensionem recuperationem punitionem For any defence the Parliament might pretend a necessitie of The King neither assaulted them nor used any violence to them when they first of all granted out their Propositions and Commissions of Warre unlesse they can turne their jealousies into a Creede and make the Kings demanding the five Members and Kimbolton being done by warrant of the Lawe of the Land and the Records and precedents of their owne houses appeare to bee an assaulting of them Or if any reasonable man knew but how to make that to bee an assault or a necessary cause of Warre for them to revenge it the Kings waving and relinquishing of his charge afterwards against them might have certainly beene enough to have taken away the cause of it if there had beene any howsoever a Warre made only to revenge a bare demand or request of a thing was neither so much as forced or a second time demanded of them but was totally laid aside and retracted can never bee accounted just As for the recovery of things lost or taken away The Parliament it selfe had nothing taken from them for both they and the People were so farre from being loosers at that time by the King as the Remonstrance of the house of Commons made to the People 15. December 1641. of the Kings errours as they please to call them in the government but indeed the errours rather of his Ministers and themselves also in busying him with brawles and quarrells and denying to give him fitting supplies mentions how much and how many beneficiall Lawes the King had granted them And so the Parliament and People being no loosers and the King never denying them any thing could in honour or conscience bee granted them That part of the Justyfying of a Warre will no way also belong to them But if the punishment for offences and injuries past if they could bee bee so properly called being a third cause of justifying a Warre could bee but imagined to bee a cause to justifie the Parliaments Warre against the King Yet they were to remember another Rule or Law of Warre Ne nimis veteres causae accersentur That they doe not pick quarrells by raking up past grievances and that it bee not propter leviusculas injurias or for trifles For when the King who if he had been no more then coordinate with them had called them to councell to advise him followed their advice in every thing hee could finde any reason for taken away all grievances made a large provision to prevent them for the future by granting the Tryenniall Parliament and so large an amends for every thing they could but tell how to complaine of there was so little left to the People and the Parliament to quarrell for as they were much behind in thankfullnesse for what they had got of him already Or if any other causes or provocations should bee imagined as misusing the Parliaments Messengers or the like wee know the King unlesse it were by his patience and often Messages for Peace was guilty of no provocations but on the contrary though hee had all manner of scornes and reproaches cast upon him and his Messengers evill intreated by them could never bee brought to returne or retaliate it to any of theirs But nothing as yet serving to excuse them It will not be amisse to examine the Causes as they are set downe by themselves to justifie their warre and so wee may well suppose there are no other A Warre against the King for safety of his owne Person was needlesse and then it comes within that rule of warre and lawe of Nations Ne leves sint causa belli not to make a warre unnecessary for the King would looke to that himselfe and as they were his Subjects they as well as every honest Subject were bound to defend and assist him but not whether hee would or no and in such a way of defence as would tend to his ruins rather then his safety For surely should any stranger of another Kingdome or Nation have casually passed by Edge-hill when the Kings and the Parliaments Armies were in fight and have beene told that the King shot at them for the safety of his owne Person and that they also shot against him for the safety of his owne Person and being asked which of the two parties hee beleived did really or most of all intend the safety of it wee cannot tell how to think any man such
were not likely therfore to be guilty of so much patience as the king who was so much in love with peace so thirsted after it as that and his often sending Messages and Propositions for it would not suffer him to make use of any victories or advantages God had given him Twice did hee suffer the Earle of Essex to attempt to force him from Oxford and Sir Thomas Fairfax once to beleager him when hee had power enough to have made London or the associate Counties the feat of the War and it would bee something strange that hee who when hee had raised forces against his Scottish Rebells and found himselfe in the head of so gallant an Army as hee had much adoe to keepe them from fighting and his enemies so ridiculously weake as hee might have subdued them but with looking upon them but a fortnight ●onger could not bee perswaded to draw a Sword against them would ●ow begin an offensive warre without any power or strength at all against those that had before hand ingrossed it Or what policy or wisdome could it bee in him to begin a Warre without Money or Men or Armes to goe through with it Or to refuse the assistance of his Catholique Subjects and Farraigne friends and forces or to spend so much time in Messages and offers of Peace to give them time and abilitie to disarme him and Arme themselves If hee had not utterly abhorred a Warre and as cordially affected peace as hee offered faire enough for it Or if wee could but tell how to say that the King did begin the Warre when what he did was but to preserve his Regality and the Militia and protection of his People which the Parliament in expres terms as well as by Petitioning for it acknowledged to be his owne being but that which every private man that had but money or friends would not neglect to do Did hee any more in seeking to preserve his Regalitie then to defend and keepe himself from a breach of trust they fought to make him break Or did hee any more then seek to defend himself against those did all they could to force him to breake it Or could there bee a greater perjury or breach of trust in the Kingly office then to put the Sword which God had given him into the hands of madmen or fooles or such as would kill and ●●ay and undo● their fellow Subjects with it or to deliver up the protection of his People into the hands of a few of their ambitious fellow Subjects did as much breake their owne trust to those they represented in asking of it as the King would have done if hee had granted it Or why shall it not bee accounted an inculpata tutela in the King to preserve and defend that by a Warre the Lawes of God and Man his Coronation-Oath Honour and Conscience and a dutie to himselfe and his Posterity as well as to his People would not permit him to stand still and suffer to bee taken away from him But if the King by any manner of construction could be blamed or censured for denying to grant the Militia which was the first pretence of begining of the war by those that sought to take it from him for till the besieging of Hull the 16. of July 1642. after many other affronts and attempts of as high a nature put upon him the most malicious interpretation of the matter of Fact cannot find him so much at all to have defended himselfe as to have done any one act of Warre or so much as like it who shall bee in the fault for all that was done after when hee offered to condiscend to all that might bee profitable for his People in the matter of Religion Lawes and Liberties Or was it not a just cause of War to defend himselfe and his People against those would notwithstanding all he could doe and offer make a Warre against him because hee would not contrary to his Oath Magna Charta and so many other Lawes hee had sworn to observe betray or deliver up his people into their hands to bee governed or rather undone by a greater latitude of Arbitrary power then the great Turk or Crim Tartar ever exercised upon their enslaved People and put the education and marriage of his owne Children out of his Power was never sought to bee taken out of the hand of any father was not a foole or a madman nor yeilded to by any would have the Credit to bee accounted otherwise or because he would not denude himselfe of the power of conferring honours or vilifie or discredit his great and lesser Scales and the Authority of them from which many mens Estates and Honours and the whol current of the Justice of the Kingdom had their Originall and refused to perjure himselfe by abolishing Episcopacy which Magna Charta and some dozens of other Lawes bound him to preserve Or if that bee not enough to justyfie him in his owne defence had hee not cause enough to deny and they little enough to aske Libertie of Conscience and practise to Anabaptists Blasphemers of God deniers of the Trinity Scriptures and Deity of Christ when the Parliament themselves had taken a Covenant to root them out and made as many of the People as they could force to take it with them or had hee not cause enough to deny to set up the Presbyterian authoritie would not only have taken away his owne authoritie but have done the like also with the Lawes and Liberties of the Nation and the ruling part of that they now call the Parliament utterly abhorre or if all that could not make the War be made to bee defensive and Lawfull had hee not cause enough to deny and they none at all to ask that he should by act of Parliament consent to make all those to bee Traitors that tooke his part their Blood and Posterities attainted and their Estates forfeited when as some of the Parliaments owne Members were heard to say when those Propositions were sent unto him That if hee yeilded unto them Hee was the unworthiest man living and not fit to bee a King For certainly if the Lawes of God and man and the understanding of all mankinde bee not changed there was never a juster more defensive unwilling and necessitated Warre then that of the Kings part since man came out of Paradice And if such a Warre should not bee Lawfull after so many provocations and necessities for the defence of himselfe and his People and so many after generations this Warre of the Parliament and the curse of it is like to ruine and leave in slavery under what censure and opinion may that of Abrahams with Chederlaomer the King of Elum and Tidal King of the Nations bee when hee fought with them to rescue his Brother Lot and his goods and was blessed by Melchisedec the Priest of the most high God for doing of it Or if the Warre which the Tribes of Israell made against