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A90657 Veritas inconcussa or, a most certain truth asserted, that King Charles the First, was no man of blood, but a martyr for his people. Together with a sad, and impartial enquiry, whether the King or Parliament began the war, which hath so much ruined, and undone the kingdom of England? and who was in the defensive part of it? By Fabian Philipps Esq;; King Charles the First, no man of blood: but a martyr for his people. Philipps, Fabian, 1601-1690. 1660 (1660) Wing P2020; Thomason E1925_2; ESTC R203146 66,988 269

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day before to murther him but before he went out of the field sent Sir William Le-neve Clarencieux King at Arms to Warwick whither the Earl of Essex was fled with a Proclamation of Pardon to all that would lay down arms which though they scornfully received and the Herald threatned to be hanged if he did not depart the sooner cannot perswade him from sending a Declaration or Message to the Parliament to offer them all that could be requested by Subjects but all the use they made of it was to make the City of London believe they were in greater danger then ever if they lent them not more moneys and recruited the Earl of Essex his broken Army and to cousen and put the people on the more to seek their own misery a day of thanksgiving was publiquely kept for the great Victory obtained against the King And Stephen Marshal a Factious bloody minister though he confessed he was so carried on in the crowd of those that fled from the battel as he knew not where he was till he came to a Market Town which was some miles from Edge-hill where the Battel was fought preaches to the people too little believing the Word of God and too much believing him That to his knowledge there was not above 200. men lost on the Parliaments side that he picked up bullets in his black Velvet cap and that a very small supply would now serve to reduce the King and bring Him to His Parliament And here ye may see Janus Temple wide open though the doors of it were not lift off the hinges or broken open at once but pickt open by those either knew not the misery of War or knowing it will prove to be the more guilty promoters of it That we may the better therefore find out though the matter of Fact already represented may be evidence enough of it self who it was that let out the fury and rage of War upon us we shall consider CHAP. III. Whether a Prince or other Magistrate labouring to suppress or punish a Rebellion of the People be tyed to those rules are necessary for the justifying of a War if it were made between equals WAr where it is made by any rules of justice between equals is to be for necessity where the determining of controversies cannot otherwise be obtained or when between two Princes of equal power it cannot be had because they have no superiour A Rebel therefore cannot properly be called an enemy for Hostis nomen notat aequalitatem and when any such arms are born against Rebels it is not to be called a War but an exercise of jurisdiction upon traiterous and dis-loyal persons y atque est ratio manifesta saith Albericus Gentilis qui enim jure judex est superior non jure cogitur ad subeundas partes partis aequalis non est bellum cum latronibus praedonibus aut piratis quanquam magnos habeant exercitus proinde nec ulla cum illis belli jura saith z Besoldus The Romans who were so exact and curious in their publique denouncing of War and sending Ambassadors before they made War against any other Nation did not do it in cases of rebellion and defection and therefore a Fidenatibus Campanis non denunciant Romani And Cicero that was of opinion that nullum bellum justum haberi videtur nisi nunciatum nisi indictum nisi repetitis rebus stood not upon those solemnities in the Cataline conspiracy for the rules of justifying a War against an enemy or equals as demanding restitution denunciation and the like are not requisite in that of punishing of Rebels b Pompey justifies the war maintained by the Senate against Caesar not then their Soveraign with neque enim vocari praelia justa decet c. Cicero did not think it convenient to send Ambassadors to Anthony nor intreat him by fair words but that it was meet to enforce him by Arms to raise his siege from Mutina for he said c They had not to do with Hannibal an enemy to the Common-wealth but with a Rebellious Citizen The resisting of the Kings Authority when the Sheriff of a County goes with the posse Comitatus to execute it was never yet so much as called a War but Rebellion insurrection or commotion were the best terms which were bestowed upon it For such attempts are not called wars but robberies of which the Law taketh no other care of but to punish them And the haste that all our Kings and Princes in England have made in suppressing Rebellions as that of the Barons Wars by Henry the 3. and his sending his son the Prince to besiege Warren Earl of Surrey in his Castle of Rygate for affronting the Kings Justices saying That he would hold his Lands by the Sword That which Ri. 2. made to suppresse Wat. Tiler H. 6. Jack Cade H. 8. Ket and the Norfolk Rebels and Queen Eliz. to suppress the Earls of Northumberland and Westmerland may tell us that they understood it no otherwise then all the Kings and Magistrates of the World have ever practised it by the d Laws of England if Englishmen that are Traytors go into France and confederate with Aliens or Frenchmen and come afterwards and make a War in England and be taken prisoners the strangers may be ransomed but not the English for they were the Kings Subjects and are to be reckoned as Traytors not strangers And the Parliaments own advise to the King to suppress the Irish Rebels that ploughed but with their own Heyfer and pretended as they did to defend their Religion Laws and Liberties and the opinion also of Mr. President Bradshaw as Sir John Owen called him in his late sentence given against the Earls of Cambridge Holland and Norwich Lord Capel and Sir John Owen whom he mistakenly God and the Law knows would make to be the subjects of their worser fellow subjects may be enough toturn the question out of doors But lest all this should not be thought sufficient to satisfie those who can like nothing but what there is Scripture for we shall a little turn over the leaves of that Sacred Volume and see what is to be found therein concerning this matter Moses who was the meekest Magistrate in the World and better acquainted with Him that made the fifth Commandment then these that now pretend Revelations against it thought fit to suppress the Rebellion of Corah Dathan and Abiram as soon as he could and for no greater offence then a desire to be co-ordinate with him procured them to be buried alive with all that appertained unto them When Absalon had Rebelled against his father David and it was told him e That the hearts of the men of Israel were after him David a man after Gods own heart without any Message of Peace or Declaration sent unto his dear son Absalon or offering half or any part of his Kingdom to him sent three several armies
accusers themselves were only guilty of When Bradshaw himself like the Jews High Priest confessing a truth against his will in the words which he gave in stead of reason for murthering the King against the will and good liking of more then 9. parts in every ●0 of the people of England could make his Masters that call themselves the Parliament of England to be no better then the Tribuni plebis of Rome and the Ephori of Sparta the former of which for manifold mischiefs and inconveniences were abrogated and laid aside and never more thought fit to be used and the latter not being half so bad as our new State Gipsies killed and made away to restore the people again to their Liberties But the opinion and judgement of the Learned Lord Chief Justice Popham who then little thought his grand-child Collonel Popham should joyn with those that sat with their Hats on their heads and directed the murther of their Soveraign and if he were now living would sure enough have hanged him for it and those other learned Judges in the case and Tryal of the Earl of Essex in the Reign of Queen Elizabeth That b an intent to hurt the Soveraign Prince as well as the Act of it was Treason And that the Laws of England do interpret every act of Rebellion or Treason to aim at the death or deposing the Prince For that Rebels by their good will never suffer that King or Prince to live or Reign that understands their purposes and may revenge them agreeable to that of the Civil Law That they that go about to give Law to their Prince will never suffer him to recover Authority to punish it and the opinion of Mr. St. John the late Kings Sollicitor General in his argument against the Earl of Strafford at a conference in a Committee of both Houses of Parliament That the intending advising or declaring of a War is Treason of compassing the Kings death that an endeavour to subvert the fundamental Laws and Government of England and introduce a Tyrannical Government against Law is Treason that an intention to alter Laws or Government is Treason that the insurrection of Wat Tiler and some of the Commons in the Reign of King R. 2. though varnished and coloured over with an oath quod Regi Communibus fidelitatem servarent That they would be true and faithful to the King and Commonalty was in Parliament declared to be Treason and that a machination or plotting a War is a compassing the death of the King as that which necessarily tends to the destruction both of the King and of the people That it is Treason to counterfeit the great Seal and that the exciting of people to take Arms and throw down all the inclosures of the Kingdom though nothing was done in pursuance thereof was in Easter Term 39. Eliz. resolved by all the Iudges of England to be a war intended against the Queen are now written in the blood of the King those many iterated complaints of the King in several of His Declarations published to the people in the midst of the Parliaments greatest pretences and promises that they intended to take away His life and ruine Him are now gone beyond suspicion and every man may know the meaning of their Canoneers levelling at the King with perspective glasses at Copredy bridge the acquitting of Pym the In-keeper who said he would wash his hands in the Kings Heart Blood stifling of 15. or 16. several indictments for treasonable words Rolfe rewarded for his purpose to kill him and the prosecutors checqued and some of them imprisoned for it For the Sun in the Firmament and the four great quarters of the Earth and the Shapes and Lineaments of man are not so universally known seen or spoken of as this will be most certain to the present as well as after ages The end hath now verified the beginning and Quod primum suit in intentione ultimo loco agitur Seven years hypocritical Promises and Practises seven years Pretences and seven years mistaken preaching and pratling have now brought us all to this conclusion as well as Confusion The blood of old England is let out by a greater witchcraft and cousenage then that of Medea when she set Pelias daughters to let out his old blood that young might come in the place of it the Cedars of Lebanon are devoured and the Trees have made the Bramble King and are like to speed as well with it as the Frogs did with the Stork that devoured them they have not only slain the King who was their Father but like Nero ript up the belly of the Common-Wealth which was their Mother The light of Israel is put out and the King Laws Religion and Liberties of the people murdered an action so horrid and a sin of so great a magnitude and complication as if we shall ask the days that are past and enquire from the one end of the Earth to the other there will not be found any wickedness like to this great wickedness or hath been heard like it The Seavern Thames Trent and Humber four of the greatest Rivers of the Kingdom with all their lesser running streams of the Island in their continual courses and those huge heaps of water in the Ocean and girdle of it in their restless agitations will never be able to scour and wash away the guilt and stain of it though all the rain which the clouds shall ever bring forth and impart to this Nation and the tears of those that bewail the loss of a King of so eminent graces and perfection shall be added to it Quis cladem illius diei quis funera fando Explicet aut possit lachrymis aequare dolores Gens antiqua ruit multos dominata per Annos FINIS a Order 3. Jan. 1641. b Camden Annals Eliz. 99. 103. c Ibidem p. 391. 394 395. d Vide the vote in Mr. Viccars book entituled God in the Mount p. 78. e Collect. of Parl. and Decl. and Kings Mess. and Decl. p. 50. f Ibid. 51. g Ibid. 52. h Ibid. 53. i Ibid. 77. 78. k Vide the Petition of some Holderness men to the King 6 July 1642. l Ibid. 153. m Ibid. 550. n Ibid. 169. 170. o Collect. Par. Decl. 183. p Ibid. 259. q Ibid. p. 297. 298. r Ibid. 301. s Ibid. 305. t Ibid. 328. u Ibid. 333. x Ibid. 339. 340. 342. y Collect. of Parl. Mess. and Declar. 307 308 309. z Ibid. 346 348. a Ibid. 349. 350. b Ibid. 350. c Ibid. 356 357. d Collect. Par. Decl. 373 374. e Ibid. 376. f Ibid. 442. g Ibid. 449. h Ibid. 450. i Ibid. 453 k Ibid. 459. l Ibid. 452. m Ibid. 457. n Ibid. 457. o Ibid. 465. 483. p Ibid. 509. q Ibid. 573 574 575 576. r Vide the Kings Declaration printed at Oxford and ordered to be read in Churches and Chappels Cokes 1. part Institutes 65. 11. H. 7. 18 19. H 7. 1. Collect. Kings Messages 579. s Ibid. 583. t Ibid. 585. u Ibid. 586. x Ibid. 614. y Alber. Gentil 223. z Besoldus in dissert. de jure Belli 77. 78. a Albert Gent. 23. b Lucan lib. 2. c Cicero Philippic. 5. d Per Prisot e 2 Sam. 15. f 2 Sam. 20. g Bodin pag. 736. h H. Grotius de jure pacis belli i Collect. of Mess Remonst and Decl. 15. k Ibid. 45. 50. 52. 55. 67. 98. 91. 94. 103. 104. 106. 109. 110. 114. 127. 255. 327. 353. 442. 472. 562. 580. 484. 686. l Besoldus in dissert. philolog p. 58. m 32. Hen. 6. n 18 Eliz. o Besoldus dissert. philog pa 88. p C. an quid culpatur 23. q Dn. D. Bocer de bello cap. 5. Besoldus de juribus Majestatis cap. 6. r 7. Ed. 1. s Facius axiom 35. t Besoldus dissert. philolog 88. u Besoldus Ibid. 95. x Dn. Picart observat. decad 10. code Facius axiom bell 10. y Besoldus in dissert. philolog p. 83. z Cic. 1● de offi a Jov. lib. 1. b Polydor. 13. 20. c Albericus Gentilis cap. 3. d Jerom. ep. 47. e Cicero pro milone f Baldus 3. consid. 485. confid 5. g Alberic Genti lib. 1. 25. h Bald. 5. Cons. p. 439. i Genes 14. k Judges 20. l 1 Sam. 30. m 2 Sam. 6. n 1 Reg. 20. o 1 Mac. 3. v. 43. p 8. June 1644. q {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} ca. 28. r History of the Marquis Montrosse his actions in Scotland Collect. Kings Messages and Answers a Weavers Funeral Monuments pa. 605. b Camdens Annals Eliz. pa. 798.