them any Right to which they laid Claim But if the making of Ordinances without the King of equal Authority with Acts of Parliament to which the Royal Assent had passed The keeping in their hands the Militia Forts and Navy exclusively to the King The altering of Church-Government established by Law without the Kings Consent The making a new Great Seal The proscribing of the Kings loyal Friends and Servants to loss of life and estates without pardon or mercy before either Summons Tryal or Conviction The taking to themselves the sole Power of pardoning and disposing of Confiscations If the setting unto sale the Lands and Revenew of the Church for so many hundreds of years appropriated unto it by their single Arbitrary Power without the Kings Consent who is Founder of all the Bishopricks and which he was sworn to preserve If the abolishing of the Court of Wards and discharging the Subjects of their Tenures and so consequently of their service to the Crown If the deteining of the Kings Children from him the breeding of them and the future Mariage of them belongeth unto them If the Power of injoining new Oaths upon the Subject contrary to all Law and without the King If the making what they please Treason ex plenitudine potestatis â—s the * harbouring of the King c. notwithstanding that the Law hath determined what shall be adjudged Treason and nothing else If the sending to and treating with forein Princes of War and Peace or the nominating of Judges Sheriff and the Officers of the Crown and many things of this kind If they lay Claim unto these as their Right I must confesse I have not known any satisfaction offered unto them by the King Only in the point of his Servanâ—s he hath alwaies protested that he would protect no man whatsoever so that he might be brought to a Legal Tryal according to the due Course of Law which he is bound to see afforded to all his Subjects But for the rest of the above specified particulars I do not know that the King hath indeavoured their satisfaction Neither can it be supposed by any rational man that they will ground their defensive War upon any Claim they will make unto them For although de facto in the Contestation of War they have seized and possessed themselves of them yet they will not pretend that they have right unto them de jure And it is Right that constitutes the Iustness or Uniustness of the entring into a War Success protecteth and may establish for the future but cannot rectifie or make good an unjust beginning And it must be their future proceedings by which the most probable Iudgement can be made of their former intentions For now that they have overcome all oppositions If they shall return to a peaceable legal Settlement and leave to use Arbitrary Government which they may pretend they have been inforced unto during an Actual War and shall only retain their just Liberties and Privileges with such additions and inlargements of Graces and Immunities as the King being free and without constraint shall be contented to grant together with prudent Cautions for their own Indempnity and Security for the future which in Cases of this Nature must ever be supposed that rational Men will indeavour and successfull men that have the Power in their hands will expect If they will let the Subject have the comfort and security of a general Pardon and an Act of Oblivion not force the consciences of their fellow subjects by new Oaths which they themselves have acknowledged to be contrary to the Law and against the Petition of Right If they will endeavour really the settlement of Religion by a moderate Reformation and not by a total ruine of the most Orthodox and flourishing Church of Europe and so restore the King to what is undeniably his and make the known Law the Rule of Government These will be the strongest Arguments that Defence was rather intended than a Conquest But if Armies shall be reteined when there are no Enemies and by them an Arbitrary Power held up over mens Lives Liberties and Estates and the King kept in the nature of a subdued and useless Person little will be believed of any Intention of taking only defensive Arms CHAP. X Shewing a particular Tye of Gratitude by the Generousness and Reconcileableness of the Kings Disposition THere was yet a further Tye of Gratitude put upon me by the Generousness and Reconcileableness of the Kings Disposition a virtue ever to be wished but not often found in offended Princes For I having been so unhappy as to have fallen very highly into his Disfavour and to have remained many years under a Cloud of his heavy Displeasure yet not long before the beginning of this Parliament having the opportunity of accesse unto him at the great Counsel at York And then being imployed as Prolocutor in the Commission for the Treaty with the Scots at Rippon for a Cessation and afterwards for the Peace at London he was pleased to receive so good satisfaction concerning me and all my former proceedings that he did graciously pass by whatsoever offence he had conceived against me and did not only call me to his Counsel-Table where in regard of my many years service under his Father he might have judged me usefull unto his service but out of a Confidence and Trust which to fail in even amongst Heathens would be held odious admitted me to the place of the nearest Attendance about his Person as a Gentleman of his Bed-chamber who besides the Privileges of Access in all places have the Honor to sleep by him in the night in his Chamber and to be trusted alone with the safety of his Person as I have often been And this place is accompanyed with a particular Oath of distinct services Of attending upon his Person of not Acting or Concealing any thing to his Prejudice and other things of particular service more than other subjects do swear unto And I must confess that if all the above alleged Reasons had been laid aside and that there had been no other Tye but this new Obligation of the Kings Reconciliation and of his trusting and confiding in me knowing him to be so free not only from all things that might justifie the taking Arms against him but from all things of doing wrong or oppression if other mens errors or corruptions were not put upon his Score That if all the misfortunes that have befallen me and my Family had been foreseen by me and might have been prevented by my forsaking of my Master only because he was in distress I would rather have embraced this poor and exiled condition than to have lived in any Estate of plenty whatsoever reproaching to my self daily and hourly my Infidelity and Ingratitude CHAP. XI A Brief Summary of the Reasons formerly set down for the not taking Arms against the King THese are the Reasons that have reteined me in that Duty which I conceived my self
whether they be within the Kingdom or fled out of it And that all Persons cited by either House of Parliament may appear and abide the Censure of Parliament 14. That the general Pardon offered by your Majesty may be granted with such Exceptions as shall be advised by both Houses of Parliament 15. That the Forts and Castles of this Kingdom may be put under the Command and Custody of such Persons as your Majesty shall appoint with the Approbation of your Parliament and in the Intervals of Parliament with the Approbation of the Major part of the Counsel in such manner as before is expressed in the Choise of Counsellors 16. That the extraordinary Guards and Military Forces now attending your Majesty may be removed and discharged and that for the future you will raise no such Guards or extraordinary Forces but according to the Law in case of actual Rebellion or Invasion 17. That your Majesty will be pleased to enter into a more strict allyance with the States of the United Provinces and other Neighbour Princes and States of the Protestant Religion for the defence and maintenance thereof against all designs and attempts of the Pope and his Adherents to subvert and suppress it whereby your Majesty will obtain a great access of Strength and Reputation and the Subjects be much incouraged and enabled in a Parliamentary way for your aid and assistance in restoring your Royal Sister and her Princely Issue to those Dignities and Dominions which belong unto them and relieving the other distressed Protestant Princes who have suffered in the same Cause 18. That your Majesty would be pleased by Act of Parlia to clear the Lord Kimbolton and the five Members of the House of Commons in such manner that future Parliaments may be secured from the Consequent of that evill President 19. That your Majesty will be pleased to pass a Bill for restraining Peers made hereafter from sitting or voting in Parliament unless they be admitted thereunto with the Cansent of both Houses of Parliament H. ELSYNG CLER. PARL. D. COM. The Oath of Supremacy Cited page 31. I A. B. do utterly testifie and declare in my Conscience that the Kings Highness is the only Supreme Governor of this Realm and of all other his Highness Dominions and Countries as well in all Spiritual or Ecclesiastical things or causes as Temporal c. I do promise that from henceforth I shall bear Faith and true Allegeance to the Kings Highness his Heirs and lawfull Successors and to my power shall assist and defend all Iurisdictions Privileges Preheminences and Authorities granted or belonging to the Kings Highness his Heirs and Successors or united or annexed to the Imperial Crown of this Realm So help me God and by the Contents of this Book The Oath fa Privy-Counsellor Cited page 32. You shall swear to the uttermost part of your cunning wit skill and power you shall he true and faithfull to the Kings Majesty our most dread and Soveraign Lord and to his Highnesse Heirs and Successors Kings and Queens of England according to the Statute for the establishment of the Succession of the Crown Imperial of this Realm You shall not know nor hear any thing that may in any wise be prejudicial to his Majesty or to his Heirs and Successors in form aforesaid or to the Common Wealth Peace and Quiet of this his Majesties Realm but you will with all diligence reveal and disclose the same to his Majesty or to such Person or Persons of his Highness Privy-Counsel as you shall think may and will honestly convey and bring it to his Majesties knowledge You shall serve his Majesty truly and faithfully in the room and place of his Highness Privy-Counsel You shall keep close and secret all such matters as shall be treated disputed debated and resolved of in Counsell without disclosing the same or any part thereof to any but only to such as be of the Privy-Counsell And yet if any matter so propounded treated dispated and debated in any such Counsell shall touch any particular person sworn of the same upon any such matter as shall in any wise concern his fidelity and truth to the Kings Majesty you shall in no wise open the same to him but keep it secret as you would do from another person till the Kings pleasure be known in that behalf You shall in all things to be moved treated disputed and debated in any such Counsel faithfully and truly declare your mind and opinion according to your heart and conscience in no wise forbearing so to do for any matter of respect or favour love meed dread displeasure or corruption Finally you shall be vigilant diligent and circumspect in all your doings and proceedings touching the Kings Majesty and his Affairs All which points before expressed you shall faithfully observe fulfill and keep to the utmost of your power wit and cunning So God you help and by the holy Contents of this Book The Negative Oath Cited page 32. I A. B. do swear from my heart that I will not directly nor indirectly adhere unto or willingly assist the King in this War or in this Cause against the Parliament nor any forces raised without the Consent of the two Houses of Perliament in this Cause or War And I do likewise swear that my coming and submitting my self under the power and protection of the Parliament is without any manner of design whatsoever to the Prejudice of the proceedings of the two Houses of this Present Parliament and without the privity or advice of the King or any of his Counsel or Officers other than what I have now made known So help me God c. An Act of Parliament 1 Iac. cap. 1. acknowledging the Right of the Crown to him and his successors by inherent birth-right c. Cited page 19. We do upon the knees of our hearts agnize constant Faith Loyalty and Obedience to the King his Royal Progeny in this high Court of Parliament where all the body of the Realm is either in person or by representation We do acknowledge that the true and sincere Religion of the Church is continued and established by the King And do recognize as we are bound by the Law of God and man the Realm of England and the Imperial Crown thereof doth belong to him by inherent Birth-right and lawful and undoubted succession and submit our selves and our posterities until the last drop of our blood be spent to his Rule And beseech the King to accept the same as the first fruits of our Loyalty and Faith to his Majesty and his posterity for ever And for that this Act is not compleat nor perfect without his Majesties Consent the same is humbly desired A Declaration which Offences shall be adjudged Treason Anno 25 Edvv. 3. cap. 2. Cited pa. 35. Whereas divers Opinions have been before this time in what Case Treason shall be said and in what not The King at the request of the Lords and of the Commons hath
made a Declaration in the manner as hereafter followeth That is to say when a man doth compasse or imagine the death of our Lord the King or if our Lady his Queen or their eldest Son and Heir or if a man do violate the Kings Companion or the Kings eldest Daughter unmarried or the Wife of the Kings eldest Son and Heir or if a man do levy War against our Lord the King in his Realm or be adherent to the Kings Enemies in his Realm giving to them aid and Comfort in the Realm or elswhere and thereof be proveably attainted of open deed by people of their Condition And if a man Counterfeit the Kings great or privy Seal or his money and if a man bring false mony into this Realm counterfeit to the money of England as the money called Lushburg or other like to the said money of England knowing the money to be false to merchandise or make paiment in deceit of our said Lord the King and of his people c. Certain Articles taken out of a Protestation of the Kings Supremacy made by the non-conforming Ministers which were suspended or deprived 3 Iac. Anno Dom. 1605. Cited page 51. Art 4. We hold that though the Kings of this Realm were not Members of the Church but very Infidels yea and Persecutors of the truth that yet those Churches that shall be gathered together within these Dominions ought to acknowledge and yield the said Supremacy unto them And that the same is not tyed to their Faith and Christianity but to their very Crown from which no Subject or Subjects have power to separate or disjoin it Ar. 6. We hold that no Church or Church-Officers have power for any Crime whatsoever to deprive the King of the least of his Royal Prerogatives whatsoever much lesse to deprive him of his Supremacy wherein the height of his Royal Dignity consists Ar. 9. We hold that though the King should command any thing contrary to the word unto the Churches that yet they ought not to resist him therein but only peaceably to forbear Obedience and sue unto him for Grace and Mercy and where that cannot be obtained meekly to submit themselves to the punishment Animadversions upon some particulars set down in the 57 58 pages of this Discourse there referred to this Appendix for not interrupting the Series thereof here expressed more fully If Ordinances without the Kings assent 1. That Ordinances of the two Houses without the King have not the power of Acts of Parliament should have the force of Acts of Parliament our Lives Estates and Laws might be Arbitrarily disposed of by the two Houses for that Acts of Parliament have undeniably Power over them all If Ordinances have power of Acts of Parliament the King hath no negative Voice which hath been acknowledged in all times and that no Act of Parliament bindeth the subject with out the Kings assent neither is it otherwise a Statute 1â—H 7.24 H. 8. cap. 12.25 H. 8. cap. 21. This hath likewise been acknowledged several times at the heginning of this Parliament before the Doctrine of Coordination was hatched as will appear by their books of Ordinances and Declarations 1 par fol. 727. 1 Iac. cap. 1. 1 Car. 1 Cap 7. If the King hath not his negative Voice he were the only Slave in his Kingdom for that he alone should be tyed to Laws to which he had not assented whereas all other men either by themselves or their Representatives give their Consents to the Laws they live under which is the true mark betwixt Slavery and free Subjection Slaves living under the will of the Prince free Subjects under Laws to which themselves or their Ancestors have assented And the King only shall be bound and sworn to those Laws which are imposed upon him without his Consent which were irrational as well as illegal Ordinances were never pretended but only pro tempore 4 part Inst. fol. 23.48.292 2 part Inst. fol. 47 48. Rot. Paâ— 1 num 4 Ed. 3. 2. â—â—at the ordeâ—â—â—g of the Militia appertainetâ— to the K. The Militia belongeth to the King as unseparable from the Crown without which he cannot protect nor punish withstand Enemies or suppress Rebels The Lords and Commons cannot assent in Parliament to any thing that tends to the disherison of the Crown 4 Par. Inst. fol. 14.42 Ed. 3. The Law doth give it him Stat 7 Ed. 1. with many other Statutes besides practice of all times and custome of the Realm Cook 4 part Inst. 51.125 The Forts and Navy Royal are his and to seize any of them is Treason 25 Ed. 3. 1 Ma. c. So declared by all the Iudges of England in Brookes Case 3. That the great Seal appertaineth only to the King The great Seal being the Power by which the Kings Royal Commands are legally distributed and conveyed cannot be severed from the Crown without the overthrow and destruction of Soveraignty 2 part Inst. 552. And to counterfeit the great Seal is high Treason 25 Ed. 3. 1 H. 4. cap. 2. 1. Marsess 2. cap. 6. For the Church Government The Houses have sworn the King to be the only Supreme Governor in all Causes and over all Persons as well Ecclesiastical as Civil 4. The Church Government The two Houses of Parliament may humbly offer to the King such Alterations and Reformations in Government as they shall think fit But to overthrow and change the Government without the Consent of the sole Supreme Governor nay contrary to his expresse Command and publique Declarations is against natural Reason and Common Law as well as against the said Oath The two Houses are as they say the Kings great Counsel which is true of the House of Peers The House of Commons Writ is only ad faciendum consentiendum But admitting them to be the Kings great Counsel it is a great absurdity and Non-sense that Counsellors should compel consent The Government of the Church is established by Law and by many Acts of Parliament To advise the repealing of the said Acts the Houses may do But without the Kings assent by force to endeavour the Change of the Government either in Church or Estate is high Treason so acknowledged by Mr. St. Iohns at the Arraignment of the Earl of Strafford and so declared by several Laws And was one of the Charges of Treason against the Lord of Canterbury Ir is contrary to all Divine and humane Laws that any Man should be condemned unheard or untryed 5. The prescribing of their fellow Subjects without tryal And the Law of the Land in Magna Charta ordereth That no man lose Life or Estate but per judicium parium aut legem terrae And the Stat. 2. Phil. Ma. that all Tryals for Treason be by Course of the Law Petition of Right 3 Car. It is an Inherent flower of the Crown 6. To grant Pardons belongeth only to the K. And by the Common Law Mercy belongeth to him
AN APOLOGIE OF JOHN EARL OF BRISTOL CONSISTING OF TWO TRACTS IN THE FIRST He setteth down those Motives and Tyes of Religion Oaths Laws Loyalty and Gratitude which obliged him to adhere unto the King in the late unhappy Wars in England IN THE SECOND He vindicateth his Honour and Innocency from having in any kind deserved that injurious and merciless Censure of being excepted from Pardon or Mercy either in Life or Fortunes Printed in the Year 1657. TO THE COVNTESSE of BRISTOL MY BELOVED WIFE HAving by the space of almost forty years lived comfortably together and God having been pleased to give us Children and a Posterity to whom instead of Plenty which they might have expected I might have left unto them I am now like to leave nothing but the same want and poverty which is already befallen my self I have sent unto you and them the best Legacy that I can think of to leave amongst you which is a Discourse consisting of two Parts In the first the Motives of Honour Loyalty and Religion are set down which deterred my Conscience from taking Armes against the King In the second I endeavour a Vindication of my Honour and Innocency from that severe and injurious Sentence of Exception of the Houses whereby they have declared me a Delinquent that must not expect Pardon or Mercy either in point of Fortune or of Life which must of necessity insinuate me unto the World and unto Posterity to have been a Malefactor of a more hâ—gh and horrid Nature than the Generality of those that have served the King in this War I wish you and they may have as much Comfort in the reading of it as I had in the writing of it which I believe to have been greater notwithstanding my Banishment and Want in my old Age than hath remained in the Breast of any of those that have made us so miserable Although you may communicate it with your Children and Family and near Friends yet I would not have it generally divulged or made publike for although it commeth to you in Print That is only because I wanted the means of transcribing it and I found here a great Conveniency of Printing it And it is not the more divulged thereby for that there is not any one Copy thereof but such as remain in my hands And this unto you is the only one that I have yet parted with The last request you made unto me with Tears when I departed from you and left the kingdom was That I would set down in writing mine own Proceeding and the unavoidableness and Iustifiableness of the Cause for which we have suffered and whereof I had so often discoursed unto you And truly such hath been in all kinds your great Deserving from me That I have taken this pains chiefly for your Satisfaction as I should do much more in any thing that I should judge might be to your Comfort and that might remain as a Testimony of my Kindness Affection and Value of you BRISTOL THE CONTENTS OF THE SEVERAL Chapters contained in the first part of this Discourse Chap. 1. THe Introduction and Motives of Writing this Discourse page 1. Chap. 2. The particular Reasons of adhering unto the King in this Cause and the Method observed in this Discourse 10. Chap. 3. Reasons deduced from Scripture 12. Chap. 4. The Doctrin and Practice of the Primitive Church of not resisting their Princes notwithstanding they were Heathens or Apostates 19. Chap. 5. Setting down the Obligations and Tyes by Solemn Oaths and Protestation of not taking Arms against the King 31. Chap. 6. Setting down the unlawfulness of Hostile Resistance drawn from Humane Laws 34. Chap. 7. The Motives deduced from Honor Honesty and Gratitude of not forsaking the King in his Troubles 38. Chap. 8. A Vindication of the King against that false and injurious Aspersion of unsettledness in his Religion 44. Chap. 9. Shewing the War not to have been begun by the King but that he condescended to all things that could in reason be demanded of him for the preventing of it 51. Chap. 10. Shewing a particular Tye of Gratitude by the Generousness and Reconcileableness of the Kings Disposition 59. Chap. 11. A brief summary of the Reasons formerly set down for the not taking Arms against the King 61. Chap. 12. All the former Reasons applyed to the present Case of King CHARLES with a positive opinion thereupon 63. CHAP. 1. The Introduction and Motives of writing this Discourse I NEVER more unwillingly took pen in hand than at present to set down the subsequent Discourse for mine own Vindication against so many unjust and untrue aspersions as have been cast upon me and so great severities as have been used towards me For it was in my hopes that rather some publique and legal Tryal should have given me the means of clearing my self to the World than my pen Neither could I but in reason expect that whether by Treaty or by Force this unatural War should be extinguished such only as had been accused of illegal Oppressions or such as had been the Inventors to set on foot or the Instruments to act those things which were the cause of those unhappy mis-understandings and divisions betwixt the King and the People should have been reserved to the highest and severest punishments But that others who neither were nor could be charged with any other Crime but their adherence to either party according as they were guided by their Consciences might after some such moderate sufferings as the less successfull party are usually liable unto or after some legal Trial have been admitted to an Act of Oblivion whereby those general animosities which this War hath raised might have been allayed and by little and little have grown to be forgotten and those naturall and near relations betwixt man and wife parents and children friend and friend which this War by difference in opinion and part-taking hath destroyed might together with the peace of the Kingdom have been restored And in expectation of some such happy accord or some moderate reducement when that all mens Cases might have been calmly considered of and that the great Successes of the Houses in their war would have been seconded by their Acts of the greater and clearer Iustice And that such as had made their humble addresses unto them should have been admitted to the means of informing them and not to be censured or condemned unheard especially such as Petitioned for and submitted to the Justice of the Kingdom Upon this hope and expectation I passed by more than twenty printed aspersions full of infamy bitterness and detraction but void of all Truth These I neglected although I saw the operation they had of raising a hatred and detestation in the People who fetched their intelligence from them and grounded their opinions of prejudice upon them But that which I was far from neglecting but lay'd to my heart with great sadness and grief of mind was The severe Censures of the Houses
as well as Iustice And is so expresly declared and annexed unto the King by the Stat. of the 27 H. 8. c. 24. The Revenues of the Church have been annexed unto it for the better part of one thousand years 7. The taking away of the Lands of Bishops and Cathedral Churches confirmed by many Charters from all our Kings have Prescription of many hundreds of years and are firmly annexed to the Church as Law Charters or Prescription can settle them Now if these Revenues shall be taken away and disposed of without processe of Law without the Kings consent who is sworn to uphold them and is founder of them all without the consent or forfeiture of the Possessors What man can think he hath a better Title to any thing he holdeth or assure himself of any Land or other thing he possesseth for one day longer than Houses shall please Besides it is against Magna Charta the Law and the Kings Oath and the Usance of the Kingdom in all times 8. The Court of VVard For the King to have Wardships is an inheritance and Right of the Crown approved by the Common Law of Enland and acknowledged and submitted unto in all Ages And the Court of Wards is setled and established by Act of Parliament in the time of H. 8 And it was indeavoured to be compounded for at a valuable consideration in the time of King Iames and by him refused because it was so great a flower of his Crown as was not fit to be severed from it And now if the Houses should force a Bargain at their own pleasure and their own price it were contrary to all Law all Reason and Moral Iustice and to the disherison of the Crown The detaining of the Kings Children under their governance 9. Touching the Kings children The ordering of their Education and their future Mariage cannot belong unto the Houses but unto the King by all divine human Laws and by the Law of Nature Neither is the contrary anywhere practised but by the great Turke No new Oaths can be imposed upon the Subject but by the warrant of an Act of Parliament 10 Touching imposing of new Oaths as is declared by the Petition of Right and is so setled by the Act of 3. Car. and hath been so declared during this Parliament by the two Houses upon occasion of the new Canons as appears in the Collection of their own Orders pag. 159.160.908.910 And we find the two Oaths of supremacy and Alleageance the first in 1. Eliz. the second in 3 Iac. were both framed and injoined to be taken in and by several Acts of Parliament and yet now do the Houses presse Oaths upon their fellow Subjects utterly inconsistent with the other legal Oaths which they have formerly taken and for the refusal of their Oath of Covenant and of their Negative Oath in expresse tearms to abjure their Alleagiance to their Soveraign they condemn them of Malignancy a new word of Art not formerly known to the Laws of England 11. Concerning Treason It is defined by the Act of the 25. Ed. 3. cap. 2. and afterward 1 H. 4. 2 Ma. that Act was confirmed and enacted That nothing should be adjudged Treason but what is declared to be so by the Statute of the 25. Ed. 3. or should be afterwards declared to be Treason by Parliament which is understood to be by Act of Parliament which cannot be without the Kings Royal assent and therefore in the Reign of H. 8. we find several Treasons enacted to be so by Parliament which afterwards were all repealed by that of the 2 Mar. And again in the Reign of Queen Mary Queen Eliz. and King Iames new Treasons declared by new Acts of Parliament in their several times But now in this present Sessions the two Houses in many several Cases singly of themselves without the solemnity of an Act by an Ordinance only have ordered that men should die as Traitors and lose their whole Estates without pardon or mercy for such supposed crimes as formerly were so far from being Treason as that they are not legally crimes or misdemeanors as may be instanced in divers particulars out of their own Coll. of Orders The treating with forein Princes and States 12. The treating with forein Princes and Staâ—es the making of Peace and War and the sending of Ambassadors or Messengers to those purposes are Acts meerly regal and inherent in the Crown and never questioned till now By the Statute of 2. H. 5. cap. 6. The breaking of Truce and Safe-Conducts is enacted to be Treason so much it importeth the Honour of the Crown The King may out of doubt conclude Peace or proclaim War without his Houses of Parliament But to contribute to the maintenance of a forein War the Assent of the Houses is necessary it being in their free liberty to give or not to give Subsidies or other Aides to that purpose But for the making of Peace or War they have no Votes but it is in the sole power of the King Yet doubtlesse Kings do the more prudently when they take the advice and affections of their people along with them in those weighty affaires especially in making a War with a forein Prince or people otherwise they shall hardly have the Assistance of their purses 13. The nominating of Judges Sheriffs Justices c. without which the Kings of England can hardly make or maintein a War to their Advantage The nominating of Iudges Sheriffs Iustices of Peace c. was never pretended unto by the Parliament but in tumultuous and rebellious times and the Kings of England for some hundred of yeers last past have nominated and appointed them by their Writs or Commissions under their great Seal And by the Acts of 9. Ed. 2. the Statute of Lincoln and 12. R. 2. cap. 2. it is appointed how the choice of Sheriffs and other publique Ministers of Iustice shall be recommended to the King and that the King hath the sole appointing of them And it is so setled by Act of Parliament the 37. H. 8. That such nominations do and shall wholy belong unto the King and his Successors c. By these Animadversions it will clearly appear That the particulars which are mentioned in the 57 and 58 pages of this Discourse are meerly usurped and intruded upon by the Houses but de jure do solely and wholly belong unto the King or can have no life without him which was thought fit rather to be added by this Appendix than by inserting them in the Discourse it self for not interrupting the Series thereof FINIS See the Speeches made for AccoÌ„modation before the War was actually begun in Append pag. 1. 9. Proofs out of the old Testament * Deut. 24.16 Ezech. 18.20 2 Kings 14.6 * Psal. 82. v. 6. * Deut. 1.17 2 Chro. 19. v. 6. Proofs out of the New Testament * Rom. 13. v. 2. See the Propositions in Append pag. 13. Vide Stat. 1. Jacobi cap. 1. in App. pag. 18. wherin the Soveraignty of the King is fully set down Lib. 5. Orat. in Auretium Epist. ad Demetrianum Niceph lib. 7. cap. 6. Tertulliun in Apologetico * Mat. 26.53 54. * 2 Kings 6. v. 16 17 18. c. Act. 12. v. 11. Act. 27.24 Act. 16.26 36. The Protestant churches declare against Subjects taking Arms against their Princes Confessio Aâ—gust 〈…〉 6. Gallia Art 40. Helvet Art 26. Scot. Art 24. Anliae Art 27. Osor de Iur. Majest. fol. 140. Pierre 〈…〉 in his â—â—â—fence of 〈◊〉 Faith Pag. 3.4 Admitting all the Positions either by Protestants or Papists were true which allow Subjects to take Arms against their Princes yet they agree not with the present Case Shewing that the Tenents of Roman Catholiques are not applicable to the present Case Sheweth that the opinions of such Protestants as allow in some cases of subjects taking of arms against their Prince if they were true yet are not applicable to the present case * Exceptio firmat Regulam in non exceptis In Appendice page 17. In Appendice pag. 18. See the Stat. in Append. pag. 19. * â— Lod. Vives If all sin be the transgression of some Law I would be satisfied how men are become Delinquents that have transgressed against no law The most miserable condition of the Kings Loyal Servants by no prudence to be prevented nor they by any Innocency to be preserved * In what sort the Project of the Ship-mony was set on foot the fault wherof cannot with any Iustice be attributed to the King The fault of Monopolies not to be attributed to the King but to evil Ministers and Referrees A Princes Religion ought not to be a ground of Rebellion or disobedience 〈…〉 Hen. 3. King of Fr. by Iacque 〈◊〉 Hen. 4. King of by Fr. by 〈…〉 The Prince of 〈◊〉 by 〈…〉 The Non-conformists themâ—selves 〈◊〉 out 〈◊〉 Pâ—â—tell aâ—â— 3 â—â—c 1605. 〈…〉 clear to this point Vide Art 4 6 9. in Ap. pag. 19. The King caused Pr. Charles his Son and Heir to become a Suter unto the Houses for the saving the Earls life who came in person and propounded it as the first Request he had ever made unto them but could not obtain it In â—ppendice pag. 1. A. The Right of all thâ—se specified particulars from the lâ—tter A. to the Letter B. are fully shewn to belong unto the King and that the Houses can have no colour of pretence unto them In App. pag. 20. * Dic Lunâ—e 4 Maâ—i 1646. Oâ—dered that whosoever should â—aâ—â—our or conceal the King and not 〈◊〉 it c. should be proceeded 〈◊〉 as a Traitor and dâ— without mercy B. * Phil. 3. v. 6. * 1 Tim. 1 v. 13. John 16.2 Matth. 7.12 * Le Roy ne fait toâ—t is only to be understood in the ordinary course of justice which the King administring by his Ministers and not in Person it is they that are the wrong doers and not the King and the subjâ—ct against 〈…〉 his Remedy Wisd. 6. v. 1 2 3 4 5 6. Matt. 7.12
never have betaken me to any other way of clearing my self although I am not ignorant upon how great disadvantage and hazard any man is brought to a Tryal upon the Impeachment and pursuit of the Houses Neither had I any reason to slatter my self with any indulgency towards we Yet withall I had and have so great confidence of my own clear Innocency in point of not meriting to be excepted from the same course of proceeding afforded others That I was never more desirous to attain any thing than I was and am to be admitted to an equal and fair Hearing and Legal Tryal As for the point of having served and adhered to the King I shall neither deny or evade it but my Case is in that the same with many Thousands and I should be too indulgent to my self not to expect the same misfortunes and suffering with others But now almost despairing of ever to be so happy as to see mine own Country again in regard of my Age and Infirmities and in less hopes of ever being admitted to a fair Hearing since the very ways of Addresses or Petitions unto them are debarred me and the using of any further indeavour to satisfie them is voted down And since their Sentence is already before either Examination Tryal or Conviction put in execution in as much as concerneth Fortunes or Estates by their actual possessing and disposing of them So that having nothing left unto me but an exiled Life present wants and an expectation of greater poverty I shall indeavour to bear those heavy visitations which God hath been pleased to send upon me and my Family with that Constancy of mind and pious submission to Gods holy will as befitteth a good Christian and leave unto my Family and Posterity the subsequent Discourse where in the first place I shall set down those Reasons that induced me to adhere unto the King being as I conceive thereunto bound in Honour and Conscience by the Law of God and of the Land by many solemn Oaths by natural Allegiance as a Subject and by Honesty and Gratitude as a sworn Servant both to his Father and to himself Of which several Obligations I shall speak in the first part of this Discourse And in the second part I shall make so true and faithfull a Narration of my Proceedings as I doubt not But to appear to have been a Faithfull Loyal and Affectionate Servant to the King my Soveraign and Master But to have had no hand in any of those Exorbitancies which caused those misunderstandings betwixt the King and his People To have been no Incendiary betwixt the King and the Houses But on the contrary to have used all possible indeavours as far as in me was to have put those unhappy breaches and differences into a way of Accommodation whereby a Civil War might have been prevented and since the War there never was any Overture or hope of Peace to which I did not contribute both my prayers and all the furtherance that was in my power And so not to have deserved that merciless Sentence of Unpardonable Destruction CHAP. II. The particular Reasons of adhering unto the King in this Cause and the method observed in this Discourse MY intention is not in this Discourse wherein the Vindication of mine own Honour and Innocency and the setting down of those Reasons which deterred my Conscience from taking Armes against my King is the main scope to write a defence of the Cause in general or to dispute the Question of Subjects taking Armes against their Soveraign It will require a large and elaborate Tract aparr which may not be interrupted by any thing of the proceedings of a particular man Neither will I censure or judge other men nor fix upon others though of a contrary way any thing that may seem opprobrious notwithstanding the Stile of Traitor and notorious Traitor hath often been my Title in Print although that detestable name in this Case doth not make me blush I know mens Consciences may by different Principles be carried different waies Neither will I censure so many men of all Qualities and Conditions and religious Professions of so much Impietie as to have broken through all Tyes of Allegiance and Loyaltie and so many Oaths their Consciences unconsulted and without conceiving they had found something to ballance their Judgements against so many precise and clear Duties I shall only set down the motives and inducements of mine own Conscience which ought to be to each Christian his Guide against which as he can do nothing well so even good Actions become evil if they be done with an unsatisfied or dubious conscience The Rules of Scripture being That we be fully perswaded in our minds Rom. 14.5 That he is happy that condemneth not himself in the thing he alloweth vers. 22. That he that doubteth is damned And that all things that are not of faith are Sin ver. 23. So that as it will be easily agreed That to all Christian men Conscience ought to be the strongest and most unresistable guide and of so great and binding authoritie with us That it should over-rule all considerations of Safetie Profit Ambition Revenge or other Interest whatsoever So it behooveth each Christian man to seek out the best and most unfallible marks and directions for the guiding of his Conscience in the right way And this I may with truth declare and take God to my witness in it That when I did see that no Industry wherein I omitted nothing that was in my power for the stopping allaying or reconciling of those differences and violences which breaking in like a floud prevailed over mine and all other peaceable minded mens indeavours could produce any good effect And that there was now nothing left to any man but in an unevitable War to make choice of the juster side as his Conscience towards God in the first place and his other civil duties and obligations should dictate unto him I did after many Conferences with learned men of the other way much studie and reading of all that I could find to have written in favour or excuse of Subjects taking Arms against their King resolve contrary to all worldy or prudential Interests of my own to adhere to the King according as my Conscience was satisfied I was bound to do By the law of God By the doctrine and practice of all Christian Churches and in all times By many Oathes By the laws of the Kingdom By my natural Allegiance as a Subject And by Gratitude and Fidelity as a sworn Servant both to his Father and Himself Of each which several Obligations I shall speak in the subsequent Discourse in the order that is here set down CHAP. III. Reasons deduced from Scripture AS it will be easily assented unto that Conscience ought to be the guide of our Actions so the most infallible Rule whereby to guide Conscience to a Christian ought to be the Principles of Religion and those Principles are above all other
Dominions c. And this Declaration I and all the rest of the Members of both Houses have made So that it being an uncontroverted and confessed truth That the King is our lawfull Soveraign and we his faithfull Subjects and consequently the Power ordained over us by God the which to resist by S. Pauls Doctrine delivered in plain and explicit terms is To procure to our selves Damnation I must confesse That although I will not judge other men yet I durst not adventure my Soul upon a Moot-Case or upon Distinctions or strained Interpretations against that which appeared unto me to be the literal and clear sense S. Paul declaring Rom. 14.22 23. That he that doubteth is damned The meaning whereof I understand to be That he that doubteth that that which he doth is sinfull and wicked and yet adventureth to do it therein sinneth presumptuously and thereby runneth a hazard of Damnation And truly I did much more than doubt for I was as S. Paul requireth we should be Rom. 14.23 Fully perswaded in mind of the contrary So that without Impiety and making Shipwrack of my Conscience against the plain Precepts of Scripture I could not adhere to the way of Resistance CHAP. IV. The Doctrine and Practice of the Primitive Church of not resisting their Princes notwithstanding they were Heathens or Apostates I Well know that the Authority of Scripture needeth not any humane or forein support But because the Parties of several yea contrary wayes will both pretend to have the Scriptures in their favour and from them to draw the rule of their Consciences alike to me it seemed that nothing ought to be of greater Authority under Scripture or like rightly to interpret Scripture than the unanimous Doctrine and practice of the Primitive times and of those holy and learned men who as they were nearer to the times of our Saviour and of the Apostles and of those Pen-men of God so doubtless they saw by clearer light than we do now at a greater distance And really by what I could ever read or be instructed in from others I could never find any thing either allowing or countenancing the Subjects taking Arms against their Soveraign although it were in the highest and most bloody persecution and under the worst of Princes many of them being Heathens Tyrants and Apostates And yet it was to these wicked Persecutors to whom our Saviout and his Apostles injoined Obedience And the primitive Fathers practised it in their sufferings and Martyrdoms But I must confess I have met with a most untrue Allegation and most injurious to Christian innocency That the reason of the Christians bearing so many wrongs and oppressions was because they had not then power and means to do otherwise or right themselves The untruth of this Allegation will appear by the writings of those Fathers whose profession it was to bear and suffer but not to resist Flere potero dolere potero c. aliter nec debeo nec possum resistere was the Saying of S. Ambrose S. Syprian saith Quamvis nimius copiosus noster populus non tamen adversus violentiam se ulciscitur sed patitur And Nicephorus reporteth that in one day twenty thousand Christians were slain in the City of Nicomedia under Dioclesian And many of their books are full of passages of this strain And to conceive that power to resist was only wanting is not only injurious to the Innocency of those Holy Men but injurious to God who if his Glory had not been more advanced by their Sufferings Martyrdom and Persecution than by Resistance or that Resistance had been commanded by him or he pleased therein Those his holy Servants should not have perished for want of Power Our Saviour saith when for the defence of his own Person he prohibiteth resistance * If he would he could pray to his Father who would send him more than twelve Legions of Angels And when the preservation of Gods Servants redoundeth more to the Glory of God than their sufferings He is never wanting to them * As we see by so many deliverances by the extraordinary Power of God But the truth is That unto these Primitive men treading in the steps of the Apostles their sufferings were their Glory their Rejoycing and their Advantage And divers of the Fathers by way of prevention as it were foreseeing that this Scandal might be cast upon their Innocency and Christian Patience That it was want of means and power and nor of will that they resisted not do clearly declare That neither Numbers Armes or Courage were wanting to them wherewith they might defend themselves nor Injuries Oppressions and Persecutions wanting that might provoke them thereunto But it was the Example of Christ and his Apostles sufferings and their holy Doctrine and Precepts commanding Obedience that suffered not their hands to fight against the Powers ordained by God over them although they used both hands and armes with remarkable Valour and Success against the Enemies of their Princes notwithstanding the said Princes were Heathen and Persecutors of the Church of God But this Doctrine of not Resisting some of our new Divines who cannot but acknowledge it to be both the Doctrine and practice of the Apostles and Primitive Times do now say That God was not then pleased to reveal the Doctrine of Resistance But that Martyrdoms and sufferings were the way by which he thought it then sit no plant the Church which he is now pleased should be protected by Resistance and enlarged by power Wherein they have mistaken the Text For that that Doctrine instead of the Bible is taken out of the Alcoran where Mahomet saith That God had sent Christ in the Spirit of meekness to establish his Law But now by him he would have his Law setled and established by the power of the Sword and Conquest And if prevailing or success might stand for Arguments it will be hard convincing this Mahometan Doctrine But certainly the general and universa Tenent of all the Churches of Christendom were and I conceive are still That as Religion ought not to be planted by force or constraint So Christian Subjects ought not to make Religion the ground of their Resistance or taking Armes against their Prince And herein there is a concurrence of all Protestant Churches although they differ in many other points who in their publique Confessions do not admit of Hostile Resistance against their Supream Magistrate And more particularly the Church of England which without any immodestie may challenge her part in the Reformation she having had many learned Propugners of it by their Writings and not a few that have sealed it with their Blood by patiently dying for it hath declared against it confirming the Exhortation to Obedience published in the time of Edw. 6. and the Homilie of Obedience by the Articles of their Confession of Faith The like doth the rest of the Reformed Churches in the Harmony of their Publique Confessions So that