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A93763 The reason of the war, with the progress and accidents thereof. / Written by an English subject. VVherein also the most material passages of the two books printed at Oxford (in which His Majesties party do undertake to justifie their proceedings) are briefly examined; viz. The [brace] declaration, entituled, Tending to peace; relation of the passages at the meeting at Uxbridge. July 1. 1646. Imprimatur Na: Brent. Stafford, William, 1593-1684. 1646 (1646) Wing S5152; Thomason E350_8; ESTC R201041 87,456 156

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forbear to send Aid to the Protestants there the small number yet remaining of the English and Scotish cannot possibly subsist Who such Authors and Causers of this War have been is long since manifested and resolved by the joynt advice and provision made against them in the Articles of the large Treaty betwixt the Kingdom of ENGLAND and SCOTLAND August Page 16. 1641. in their fourth Demand granted by His Majesty the Kingdoms then and there agreeing to make such lyable to the censure and sentence of the Parliaments respectively c. But to proceed If it be dishonorable to His Majesty as His Commissioners urge to make void that Cessation out of gratitude and favor to the Papists there affisting Him in this War His Commissioners His Friends and His party might have spared to object those Acts passed by His Majesty this Parliament in favor and case to His Subjects when as if this Parliament be born down or dissolved the Acts passed by His Majesty this Parliament are Repealable Alterable in part or in all by a succeeding Parliament by which Acts already passed many of His Friends and party adhering to Him against this Parliament have suffered in their Estates as is before expressed For neither the suppressing of Star Chamber or High Commission Court the granting of a Triennial Parliament which are instanced in as Acts of Grace and the Subjects charged with Ingratitude for not valuing such gracious Acts are no infallible and constant notes of such His Goodnesse and Favor to His people when as those Acts are Repealable at pleasure nor that of the Triennial Parliament unlesse a Parliament be of force to maintain their Power and Priviledges which this hath sought to defend for their own and for succeeding Parliaments As for His Majesties Commissioners to urge excusing in their way the King and His party from violating the ancient and Fundamental Laws That the Parliament and their Committees are guilty of breaking the same and they alone as if no such thing were done by His Majesties party Souldiers and Commissioners employed for raising Arms and Money to prosecute this War Such charge against the Parliament must either be understood of their abolishing for the present some ancient Constitutions or of their compulsory wayes in raising Moneys for the maintenance of this War the reason the means of the one and the other is examined If his Commissioners understood it of the particular and late Robberies committed by the Souldiers on poor Countrymen and Travellers on the road that cannot be charged on the Parliament because it is done against their will and to prevent the like they have according to the Law brought the offendors to condign punishment wherein also the Kings Souldiers are the most offendors when as the Parliament Souldiers are required for their Assistance to rescue from the Robbery and Spoylings committed by the Kings besides it hath been observed that many wishing wel to the Parliament Travellers on the ways having met with Souldiers and doubtful on which side they were being demanded for whom they were have counterfeited their tone and answered For the King as being assured that if those Souldiers were for t he Parliament they should finde lesse cruel usage then by the Souldiers for the King This Experience hath throughly taught and these and the like actions committed by His party hath made His Majesties name the more terrible In that the like hostile and cruel Acts are practised on either part and that the fear of cruelty working more strongly on the common sort hath brought many of them to yeeld and comply with the more cruel part the inequality of the cruelty hath been observed to be great between the one side who to gain or save a Town or for the like advantage sake have burned or pulled down some houses in a sudden and revengeful heat have killed and Enemy and the other side which in cool blood have killed and massacred many hundred of inoffensive Subjects burned whole Towns and laid waste the dwelling places of the Poor and Fatherless For if the one side had wasted and spoyled as the other doth the Countreys had been far more miserable then now they are and the spoyler left destitute of where withal to maintain himself and his Soldiers The Kings party give a reason for such a difference had betwixt the Souldiers on either side alleaging that the Countreys being Rebellious and Disaffected deny unto their Souldiers upon their march and in their quarterings a fit provision and supply for horse and man wherefore the Souldiers of His Majesties party are inforced to rob and spoyl c. The Answer to this Objection is had from a recourse to what is here delivered and the Reader to be satisfied in the Question what Rebellion Treason truly is what the ground and original of the Countreys Disaffection is If His Majesties Commissioners understand their charge against the Parliaments violating the Fundamental because of their abolishing old Laws 'T is answered They have power to Abrogate and Repeal what they finde offensive and exorbitant in a Common-wealth The modern and positive Laws were by Parliament established and quicquid constituitur eodem modo etiam dissolvitur No one Fundamental Law is by them dissolved or by their Acts yet violated unlesse the Constitution of Bishops be held a Fundamental one It was their Quarrel and questionless their Exception to be found both in their words and by their or their Friends Writings That the Parliament have transgressed the Ancient Laws because they have abolished Bishops they make the Law which constitutes them to be of equal time and value belike with that of Magna Charta when as most men know who have lookt into the Records that many Session of Parliament have bin held many Acts passed Excluso Clero It was a cunning Argument and Artifice in the Bishops to incense the people against the Parliament if it were they which give out the Parliament to have violated the Ancient Laws which the people were ready to defend when as upon a through examination of the matter complained of there was no other Law violated but what concern'd the Bishops partial in the Cause To conclude the Question touching the transgressing of the Laws which both sides may seem to be guilty of the matter is not whether the Ancient or New Laws be kept whether those long since made or those of a latter time be broken a War lets all Laws loose but had the Law of not Dissolving without the Parliaments consent been kept entirely and strictly the other Laws had not in the judgement of most men been broken The Parliament may plead Their undertakings and course of Justice cannot be made good by reason of their power opposed themselves confronted The great Law and Charter of the Subjects Freedom is enlarged into Statute Laws all conducing to make up one * Suprema Lex salus Populi Supreme Law The Subjects Safety The dividing of the Parliament Members if
had not been taken away by the Kings Souldiers near COVENTRY and within His Quarters the English and Protestants there had been relieved c. That the goods and Cloaths so taken away was not without His Majesties knowledge and direction unto which the Kings Commissioners reply That those Cloaths had not been taken away if they had had a Conduct to have more safely passed through the Countrey and further urge That those Forces and other Provisions intended for the Relief of His Majesties Subjects in that Kingdom were diverted and imployed against Him namely in the Battel at EDGE-HILL For proof whereof they mention three or four witnesses some of whom engaged for the service of the Parliament and deserting now the same engagement are advers and none more extreme Enemies to the Parliament whither they be competent witnesses in so extreme a Conflict to prove the Accusations If witnesses may be admitted known to be ☞ maliciously opposite to that party against which they are witnesses the inconvenience may prove in these loose and desperate times as generally noxious as the War it self hath been The Answer to such Accusation as the Kings Commissioners therein urge is no where more fully to be had then to the Enquiry into the Original of this War whereunto all Treaties had to compose this vast difference must have recourse otherwise a meeting to conclude a Peace will vanish into Contention and Disputes for want of a certain Rule or constant Principle to guide the Treaters by The well weighing of the Protestation lately taken might have confined and setled the doubtful and various thoughts of man in what the end and aime of the Protestation was a promise to fulfil in as much as in us lies the Commandments of the first and second Table of the Law directing our duty towards God and man the several parts in the Protestation tending in the sum to the maintenance of Gods Honor the Kings the Subjects Right and Liberty no one part thereof if rightly understood and applied crossing another and therefore how it comes to passe that the Protestation being one and the same the course of mens affections should be thus divided into partakings or that some should be of opinion that to maintain the Kings Honor Person and Estate is to adhere unto Him in this present War in what He shall command They should withal consider the other parts of the Protestation viz. The Defence of the Protestant Religion the Power and Priviledges of Parliament the Subjects Right and Liberty for by the Protesters observing all the King is best observed and trullest His Honor and promises being ingaged to maintain the latter three when as every one who takes the Protestation doth thereby endeavor to make Him a Soveraign Lord of a free and flourishing people The Kings Protestations concurring with and tending to that end so the Protestation taken altogether is best observed and kept To the Protestation for the defence of the Protestant Religion every one who takes it is not immediatly bound by vertue of his Vow to extirpate or remove all Papists that is above the power and liberty of every common person but if he sees the Protestant Religion in danger of declining and that the Papist is connived at and countenanced by higher powers for the question is not about the certain and actual bringing in of Popery but touching the causes of suspition if the Protester adhereth to that party which promiseth to defend the Protestant and opposeth that which countenanceth the Popish his Protestation is the truliest kept a Promise or Vow the more pursued the more fulfilled In like maner to the other part of the same Protestation viz. The maintenance of the Kings Honor every one who takes the same is not thereby bound to comply assent unto and obey the King in whatsoever He may command whether unlawful or unjust or to think all His attempts and actions Justifiable throughout This were indeed in the highest degree to Honor Him but in a more serious and as truly a loyal way of His being honored by His Subjects is when they or those who are put in place and authority over them shall enquire into and provide against all things incident to His Dishonor when they shall endeavor to chastise and suppresse all Affronts and insolencies which may be offered to His Honor This although a more remote and lesse flattering yet a more stable and certain discharge of Duty in Honoring Him But to proceed and examine wherefore His Majesties Page 119. Commissioners presse the want of a Conduct for the guard of those Forces and other provisions intended for the relief of His Majesties Subjects in the Kingdom of IRELAND c. it seems strange when as His giving way to many subscribers and adventurers into that Kingdom His often and tender expressions of the deplorable and sad Estate of His Subjects there His offering to go in Person for the better reducing the Rebels there all or most of these being known to all His Subjects was safety enough in all likelihood and above the strength of many Regiments of Souldiers or above the validity of any Commanders passe to have secured the transporting of such Cloaths and other Provisions intended thither from the violence of His own party The Parliament Commissioners urge farther That it was Declared from His Majesty That he did disapprove the subscriptions of the Officers of the Army by means whereof that course was diverted That the Commissioners sent by the two Houses of Parliament for the better supplying and encouraging the Army in that Kingdom were discountenanced and commanded from the Councel there where the prosecution of the War was to be managed unto which no Answer or Excuse is set down by the Author of the Relation His Majesties Commissioners derive the good and Justice of the Cessation from the Lords Justices and Councel of that Kingdom intimating the same by Letters sent from those Lords to His Majesty and the Speaker of the House of Commons and that had it not been for such Cessation the Protestants there could not have subsisted The Parliament Commissioners answer That Page 135. those Letters sent do no way intend the inducing a Cessation nor that the Copies shewed to them do contain any thing tending to or any the least intention of a Cessation and that those Letters sent were therefore written to quicken a supply from the Kingdom of ENGLAND They farther averring That notwithstanding such Cessation which many and considerable persons of that Kingdom do still oppose many English and Scotish there do yet subsist The Arguing and Debating which hindering the Supplies and Assistance which otherwise might have been afforded hath added much to the Affliction and Calamity of His Protestant Subjects there and to be imputed wholly to the Authors and Persisters in this War For whilest both parties in the War do contend to maintain and increase their power in opposition each to other and consequently