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 Declaration entituled Tending to Peace The Relation of The Passages at the meeting at UXBRIDGE Imprimatur July 1. 1646. NA BRENT LONDON Printed for Iohn Field and are to be sold by Stationers 1646. READER THere were some parts of this Book published the last year but passing from the Author in much imperfection and some baste it is revised and augmented according to the Progresse and Occurrences of the War Many of the Passages therein are his own Collections observed at single hand the rest produced through the Arguing and Discourse betwixt some opposite in opinion to him and himself a lover of Learning although of ordinary and too mean parts to Discourse it as an able Schollar for he cannot but acknowledge that the subject of this Treatise might have been managed by a more learned and elaborate hand The greater part thereof was begun about a twelvemoneth since in the turbulent and divided times by way of an Animadversary of the War of the Occasions and Accidents thereof and had been printed a good while since had not an unexpected chance crossed in the very instant of putting it to the Presse Now if in these more quiet and composed times the Beams of Peace seeming to shine out again it should give offence or in the least way interrupt the happy and hoped for Reconcilement which it doth not in the Authors sence and to his best understanding his heart is against the publishing the Discourse relating rather to what is past and may serve for future times It is probable that in these times of Conflict this Discourse as milde and plain as it is may meet with rough harsh answers and unkinde censurings as that the Author is an Ambidexter Neutral that he cunningly carries himself betwixt both parts sometimes and in some things for the King at other times and in other things for the Parliament Whereunto he replyes and ingenuously declares himself both for whom and against whom he is For whom For the King and Parliament Against whom Against the Disturbers of the happy Peace having long since been the authors and now the promoters consequently of this horrid War and that there are and have been such a woful and sad Experience doth manifest A favorable and upright interpretation is all the Reward the Author either looks or wishes for next unto That His Majestie and His Subjects may reciprocally enjoy and hold firmly and entirely their several Rights The Reason of the VVar with the Progresse and Accidents thereof TO describe the Power and Dignity of a King the quality and several formes of a Parliament is not the purpose of this discourse Or what Esteem a Parliament in other Kingdoms carrieth That is left unto the curious Pen of a more learned Antiquary In this Kingdom breifly In the ancient and usual acception it is an Assembly of the Nobility and Gentry chosen by their Country and solemnly called together by the King his writ to such a place at such a time to debate the affairs of the King and Kingdom The manner of being called is by * See the form of the Writ in the Crown Office Writ directed to the high Sheriff of every County as to the chief Magistrate of Burrough Towns to return Knights and Burgesses for that service so Habited viz. with swords girt on their sides c. Which habit a Note and Embleme of the valour in them required the Object to do and go on with Courage and Magnanimity in discharging their trust which their Country hath repoâ—ed in them against all Forces opposing And no Question if former Kings have deputed none to place of Justice but menltz valianntz as King Edw. 3. expresseth them none but such are to defend and serve their Country in the high Court of Parliament which controules and is to give Laws to Justice The end of their Assembling is to determine Ordain and provide for the peace Justice and safety the supreamest Law of the Kingdom called thereunto by his Majesty Entrusted by their Country Whose Councels and Ordinances become Laws Or in case of variance in Judgement that so many as are there met cannot all agree in the same opinion that passeth for a Law which the major part concludes on so it fares in every body Politique and Aggregative And those the Parliament Orders and Ordinances are binding to the Subject as Orders in Inferiour Courts of Chancery Common Pleas c. untill decrees and Judgements passe to confirm the same which decrees and Judgements in those lower Courts hold Analogy with Acts and Laws in the higher Court of Parliament The work and end of the Parliament being consummate the Laws enacted the Parliament then determining the King governes onely and supreame binding himself to observe those Laws by a double Oath Tacitely as being a King and so bound to Rule and govern according to the Laws Expresly by his Oath taken at his Coronation To speak in a plain grammatical and obvious way the Latine Etimon directs the duty of a King Rex is so called à Regendo Government is dispenced in wisdom and justice * From which text the Kings Party do contend that Kings are immediatly from God no more then as follows in the subsequent verse Nobles do Rule and judges of c. By me Kings rule saith the wisest of Kings and Justice exalts a Nation insomuch as when commands shall prove irregular either wanting the one or exceeding the Limits of either of these they provoke the people free borne Subjects to a loose obedience and the consequence commonly becomes dangerous The Peers and Gentry thus assembled and the Parliament now in being the Kings power is not so compleat and total having imparted it self to that Assembly if it be what then is the Parliaments power If they have no power they are assembled to no purpose if a minc'd and diminish'd power in whom doth it ly to lessen or to greaten it if in the King He then may by the same reason rule Arbitrarily and by his own will as well as over-rule a Parliament so whilst the King imparts the power which he hath by communicating it to that His Court of Councel He lesseneth it in Himself or retracts His Grace in assembling them which were a blemish to His Princely wisdom unsuitable also to that common presumption The King cannot do amisse The King as the Head of His People and Father of His Country is by the common opinion of all dutiful and sober Subjects to be obeyed simply in all things Lawful and Honest when there is no Court of Parliament in Being when there is a Parliament the Heart of that Body whereof the King is the Head betwixt whom an unity of Coalition is presumed
Subjects of both Kingdoms then the present War betwixt the King and Parliament The League betwixt them the more strict and Solemn the more irreconcileable the discord when it happens and nothing to compose the Quarrel when once began besides the Sword Nothing to prevent the beginning of the Quarrel save only the forbearing and bearing each with other The self-denying quality so much assumed and protested is then exercised and best proved in so prudent a patience as is practised by a continued entire Union betwixt them both and neither of them to arrogate wholly unto themselves the successe of so much Conquest as hath been obtained But if the * The English one shall think that their opulency and wealth shall wear and drive out the other notwithstanding their approved valor or that the * The Scots other shall hope that their valor shall suppresse and conquer the English mens not inferior to theirs These unhappy thoughts and attempts if any such upon destructive hopes must turn into misery unto their Friends Reproach and Obloquy to themselves a pleasure and fulfilling their Enemies expected hopes who will be ready to upbraid them with the common and old Proverb as in the like case the contesting between the Presbyterial and Independent to let in Episcopal again When Robbers fall out true men come by their goods meaning that a party of English and Scots having complotted to divest the King of his Soveraignty and to take away his Regal Dignities and now by variance within themselves his Majesty hath regained his former Being If any infinuate means of dividing the two Nations privily and with excellency of Art carried on by their seeming Friends shall unhappily inure closely and insensibly to work this Mischief as for one Nation to upbraid and cast Aspersions on the other of Inconstancy Ingratitude Falshood and the like What a new intestine War may happen hence when either Nation shall have partakers at home and abroad in Forraign parts The English shall have Friends to credit what they say against the Scots and they reciprocally against the English and no time or season amidst these Commotions the Enemy being vigilant and active to foment the Quarrel to Examine or Dispute the Truth to set right the Misapprehensions of the particulars of such Aspersions when the very fear entertained of late of a disagreeing between the two Nations hath appalled the hearts of their common Friends and more set back and retarded the hopes of Successe and Peace then the News of Victories can forward them As for other Differences which might arise betwixt the Nations touching some Punctilio's of Pre-eminence or the like King James therefore of happy Memory in his Star-Chamber Speech in See the speech the sixteenth year of his Raign hath wisely and peaceably composed and setled deducing his Reasons from the Policy of his most wise * Henry 7. Ancestor But to the Known Objections now in being and published by the Common * Incendiaries and Fomentors of this War Enemy as of an Invasion made of the Scots as of Rebellion in the English when both Nations have been sufferers the Rights and Liberties of both violated are strange Objections in the judgement of standers by and to determine the truth of those Objections or on which side the Offensive on which the Defensive is there is not like to be any Umpire in the Question To expect a Forraigner to interecede or moderate most of whom admit a sensible and compassionate affection in them towards these our Nations their own and their nearer Friends Engagements are enough to take up their own thoughts besides a wise considerate and Politique State doth evidence their wisdom in not intermedling with the Affairs of others rather when Troubles and Commotions are abroad to look the more closely to their own especially in a Case of so nice a difference as betwixt a King and a Parliament the Representative Body of the whole Kingdom and each of them contending to make good the Justice of their Quarrel Nor is it probable that any Prince of another Kingdom will in relation to himself as making this difference betwixt the King and his Subjects here his own case send over his Forces hither to assist a Vanquished party All Kingdoms have their several Forms of Government peculiar to every Nation some of a more absolute and free some of a more mixt kinde The People know their Boundaries of Obedience the Princes theirs of Power and because Rebellion is charged on the Subjects here those Princes of other Countreys some think will take part with the King of this least it should prove a leading case to animate their Subjects also to Rebel 'T is two ways answered The several Forms of Government in this and other Countreys do diversifie the case Secondly This is denyed and no ways proved to be Rebellion An exact and serene Judgement is hardly to be given by strangers not Natives who dive not into the depth and state of this present Quarrel withall the Conflict is seldom so equally carried but that one side hath the better of it then it is against the Rule of common Policy to * Noli in Caducum parietem inclinare Lip Polit. incline to the falling and weaker part least the stronger by their inclining be provoked to become their Enemies Briefly then the extreme terms and contesting parties in this War are a Delinquent party on the one and a Parliament a Court of Judicature on the other side the first being conscious to themselves of several offences against the Common-wealth and welfare of the Subject contrive a course how to evade the hand of Justice as by sheltring themselves under a strong and supreme Power The King suggesting ill offices betwixt him and that Court of Judicature gaining thereby the better credit with the Adversaries thereof then by advising him the most likely ways of encountering it namely in betaking himself to some remoter place of strength which Advice was accordingly followed and thereby his Majesty better enabled to command the parts next adjacent to his residence as at YORK the Northern Then to require and Summon in such other Countreys near unto him as complyed not at the present with him in such design as he purposed as also to be displeased with other of his Subjects who took any averse course to his proceedings next to set up his Royal Standard at NOTTINGHAM that whosoever dwelled near and came not in to his party were in danger of his displeasure By this means his Forces might soon increase whether Love or Fear the Motive for when a Prince shall tell his Subjects near him of a Rebellion nothing then more noised by his party then Rebellion Disloyalty and preparations by him made to subdue the Rebels if he shall then require their Ayd who dare refuse These were the first parties in the Quarrel by these means the Kings strength might increase the Parliaments abate Hence grows the name of a Rebel
Art and might nothing left unattempted to awe and conquer them and which they judge most hard that Proclamations forbidding all Traffique unto the place of their sitting that other Messages some requiring Obedience others threatning and sent them where they sit to be debarr'd the publishing their Reason and Answer of not obeying which they cannot communicate thereby to satisfie the Kingdom in that all commerce and intercourse betwixt the King and them is inhibited by those his Proclamations Fear of a Prince's displeasure is a note of a Peoples subjection no lessening their just courage the Parliament have manifested both Submission Courage Courage in not yielding when they were weakest Submission in not refusing to Treat when strongest Former Princes have been best pleased to own such Subjects men of Valor and Constancy not terming those vertues Rebellion Treason when as Rebellion rightly understood may be against a State as against a King it may want a proper appellation otherwise King James as wise and discerning a Prince as the latter times have afforded throughout the Christian Empire erred much in delivering his judgement How he sets forth the Enemies to a State and the unhappinesse of that King who admits such his above recited Speech in Parliament 1609. hath mentioned in several passages thereof Misdemeanors intended and committed against a State are done with an high insolent hand and deserve an answerable punishment as well as against a King the State being a firm and well built frame of Government wherein the King and Kingdom is conerned The King although a Supreme Person yet a Subject to Infirmity The several threatnings published and violence offered the Houses of Parliament may well grow thin when those of the Kings party contend to make his Power absolute and unlimited thence in him to Punish Pardon and Reward at pleasure In him also or in themselves to Judge alone the consideration whereof might invite many to his party who at first deliberatively upon advice and best judgement promised their duty and affections to the Parliament since finding their strength decreased by the departure of many their fellow Members might think it unsafe to stay themselves They could not but foresee that the King offering to remove the Houses of Parliament to some other place the City of LONDON would be quarreled with as harboring those whom his Majesty calls his Enemies and from whence he was driven away as he and his party do complain by seditious Tumults Whether those Tumults were the true or suggested cause of his removing thence or the Letter written to disswade him from any compliant way with the Parliament but rather to betake himself to some remoter place elsewhere c. 'T is true there was at that time which his Majesty speaks of a great concourse of people about Westminster and White-hall and the Londoners languishing long as many Subjects elsewhere did under the heavy pressures of Injustice implored his Majesty and the Houses of Parliament for redresse every one being earnest to have Justice done with the first opportunity of the Parliaments sitting They might peradventure press too near and rudely to his presence but whether his Actions after such removing suited with the Instructions of that Letter then sent when the Jealousies did first begin let all men judge The Orators opinion was Nothing so elegant or Cicer. Offie good but words may stain yea and wrest it too to an ill sense The peoples numerous and importunate desire of Justice their pressing near to his Majesty is by the power of Oratory Seditious Tumults On the other side some taking part with the Parliament give out That the Book of Common Prayer is altogether Idolatrous the Church-Government by Bishops Antichristian There may be an Error and corruptive use in this or any Form yet not to be mark'd by such Attributes Nothing also as the same Orator observes so harsh or horrid but the eloquence of words can mitigate and excuse The impetuous coming of great numbers of Armed men with Swords and Pistols following the King when he came to the House of Parliament to demand the six Impeached Members is by vertue of milde language the * In the Kings Answer to the Declaration from the Lords and Commons 1642. single casual mistake of the King the indiscretion of some few rash Gentlemen Which by the way the disaffection born by his Majesty to the City the place of the Parliaments sitting presaged all possible means to be devised of dividing the place and the Parliament met there which could not be better managed then by excepting against that and adjourning to some other place To speak it plainly it was the Cities Assistance and Affection to the Parliament which caused the Anger for be it spoken to their perpetual Glory the happy correspondence betwixt the City the place of security for that Court and that Courts consulting for the Cities and the Publique good hath hitherto next under Gods Protection delivered Both the City and the Parliament It follows next in point of Conscience which is to be obeyed the King divided from the Parliament or the Parliament as the King is the Head and eminent part of the Parliament the Parliament the Heart of the King although the Head may be forceably or otherwise turned then the Heart directs the Heart is neverthelesse the same nor to be thought divided from the Head Wherefore the Parliament residing there where it was first Summoned and the King there vertually * The Commissions cannot otherwise work then to a Parliament wherefore if his Majâ—sties personal presence be a necessary part of Parliament without which there can be no Parliament the Commissions can be of no force his absence making it no Parliament The granting which lets in other inconveniences upon dispute touching the locality of his presence as where whether in his Throne within the walls of the House or in his Court adjoyning The King and his Majesty are as it were inseparable Majesty is proper to him alone only his Attribute somtimes we say the King somtimes His Majesty neither is any mans person any more then a corporeal substance It is the Minde the Soul the Dignity and qualifications thereof which do as the Philosopher speaks inform and give being unto man Neither can it be thought that a personal contiguity is to be required of the King to be within the Parliament walls no more then the Body of the Sun to descend and touch the Earth when as it sufficeth that by its power and influence it gives heat and nourisheth a Commission for passing Bills in his absence and a Law in force for transacting matters when he is absent by Commission to convey his Royal Assent 33. Hen. 8. Obedience is due to the Parliament so considered viz. his Majesty in his lustre power and vertue being there incorporate with those his Faculties and whosoever resists that Court resists the King as Head Herewith suits the * Rom. 13. Apostles
exhortatory command of subjection to the higher Powers Powers they are without doubt high also and eminent otherwise the Countreys made an ill choyce out of eminent persons to elect inferior and mean men to enact Laws The Apostles text forecited intendeth not a King simply in His person only but all powers of governing nor them as governors in whatsoever they do but for the reason there subjoyned Their just demeanors as being the Ministers of God for the Subjects good to take vengeance of evil doers otherwise Saint Peter his peremptory text It is better to obey God then man were of lesse value and might seem to contradict Saint Pauls exhortatory Let every soul be subject to the higher Powers But to the difference in the object of obedience obedience is in common judgement most due to that power which is freest from the possibility of Error A King may sooner erre then a Parliament may no man can simply accuse that Court of permanent Actions of injustice for whatsoever they do Establish or Ordain is made just and lawful unto us in that they do it whilest we live and are born under laws They may by some latter Act repeal or moderate the rigour of an ancient or former Law without Error or injustice doing The managing their course of enforcing of imposing upon the Subjects Liberty and Right of requiring him to contribute to the maintenance of this War may not altogether unfitly be resembled to the course of a skilful Chirurgion who when a Patient's leg being broke is ill set he breaks the leg anew although with torture to the Patient his reason of breaking the same again is to set that right which by ill setting was displaced The Parliament findes the Laws broken justice turned out of it's propper channel they in the prosecution of a War necessarily to be maintained for the recovery and restauration of the Laws to their former state break those Laws again they enforce the subjects to pay the charge of Souldiers raised therefore not with an intent to continue such exactions but only during this time of War which by the peoples free submitting to the Parliaments impositions will the sooner end the one not laying heavier loads then the Subjects can bear nor the Subjects repining at what the Parliament shal impose and all upon a serious and just debate of what may fall out but necessary for a War being to be waged in defence of the Laws Government and Protestant Religion which by subtil and secret practises hath been long since oppugned who is to bear the charges of the War but they for whose sake and safety it is raised Qui sentit commodum sentire etiam debet onus money is the sinews of War War the end of Peace Peace the Subjects Blessing if he voluntarily contribute not and be enforced it is no impeachment of his Liberty and whither a War be to be waged is the result of this Discourse If the Subject by reason of such Tax and Impositions be lessened in or brought beneath his ordinary port of living his hope of enjoying his former Peace and Safety is his relief a litle enjoyed with quiet better contenteth the Subject then a great deal with travel and contention of Spirit whereupon the wise mans saying doth reflect in the comparison betwixt a dinner of hearbs with Peace then a stalled Ox with contention better to live on a morsel for the present with Peace and Right to what a man liveth on then to fare plenteously in fear of strife without the Justice of the Law measuring out each mans portion Again in that some of the * To indure for a time only transient actions of the Parliament may seem harsh and rigid yea intrenching deeply on the private Estates of men as matters now are in these loose and confused times when Law and Justice fail in most parts of the Kingdom yet relating to the publique good and common end of Peace not altogether unjust in the determinate acts of Justice no more then when houses in a street on fire the contiguous house pull'd down to save the whole street can be thought a determinate wrong or any wrong at all except to the private person whose house it is The distinction between Injusta facere Injuste facere is old this commonly and purposely to do unjustly that sparingly and accidentally to do things unjust wherefore the condemning of the Kentish men to dye for the late insurrection 1645. in that County instanced in as an act of cruelty might seem unjust and beyond the letter of the law in that all Rowts and unlawful Assemblies are by the Statute in that case provided construed as Misdeameanors only and punishable by Fine and Imprisonment Ans The Insurrection there was of a different nature in a more seditious and turbulent time the unlawful Assemblies at the time of enacting that Statute were as of a lighter kinde so to be punished by a lighter penalty This when the Subjects Liberty invaded the supreamest Court of Indicature oppugned and a Kingdom hereby divided within it self when for the mutual defence of each other some Counties thereof shall associate without any farther aim then by their joynt strength to repulse an Enemy in case he shall invade Such an Insurrection as was then made to disturb the Unity of such Association is more then an ordinary Rout intended by that Statute and to be tried and punished by the Justice of a Parliament To examine His Majesties demeanour suits not not with the tenour of this discourse whither He be considered in His Absolute quality of Wise Valiant Temperate or in his Relative towards his people as what His manner of Government hath been since His first comming to the Crown God and the Kings own heart can best judge and determine To repeat invectives here neither becomes the Author nor avails the Cause preventives of future evils are a better Antidote then Accusations are a cure for what is past Many passages now extant and in print from LONDON and OXFORD being fully set forth by the one excused and answered by the other side have made known His Government But to what happened since this War was waged which party the lesse unjust which more to be obeyed That which actually did offer wrong or that which being necessitated to raise Arms for their own defence and consequently prove the passive Authors of a Civil War might offer injury The Declarations and Remonstrances published of late with the Answers and Replications thereunto have set forth the matters of Fact and both parties challenging now yea enforcing obedience from the people the Reader is to Judge unto whom it is most due If in His Majesties demanding ship-money He hath lost any of His Subjects affections He may thank them who perswaded Him to the Justice and Legality thereof which whether it were lawful or not is learnedly argued by His * In the case of Ship-money Solicitor General The affections of
the people are for the most part measured by the deportment of the Prince so reciprocal is the obligation so natural the relation betwixt a King and His Subjects and how desirous His Majesties Predecessors have been of their Subjects love is fresh in Memory They knew and were protected by it that Fides magis tuetur quam satellitium their Subjects affections to be a surer Bulwark then their own Guard King James protested In the same Speech the enjoyment of His Subjects love and His possession of their hearts to be His greatest earthly security next the favor of God and so to be accounted of by any wise or just King Queen Elizabeths tender affections and care towards Camdens Annals Her people was expressed in that she took it ill that any man should think a Father loved his Children better then she her People Affections are not to be enforced when they are they turn into fear and are not durable Love hath a univocal generation begetting Issue like it self as the face in water answereth the face so the heart of man to man If Kings love not their Subjects whom God hath therefore made them Lords of their Raign is dangerous and where Subjects return not the like duty the Obligations being mutual their guilt of unthankfulness and disloyalty in infamous where the fault now is Peace only and such Laws as follow on it can resolve the Question But sure it is that the peoples free and unconstrained affections run for the most part all one way their * May 1641. Protestation lately taken binds them to an unity of concurrence they are sensible of the several parts thereof tending all to the maintenance of Gods Honor the Kings welfare the Subjects Right and Liberty no one part crossing or contradicting the other if it should it could not be safely taken and it is strange that in this great and Civil Discord the people being free to chuse which part to side with there should be such an aversnesse and disaffection in them unlesse on most vehement causes of suspition above ordinary Fears and Jealousies descending even to whole Families and Countreys for few or no one Countrey let men frame and flatter what they please more Malignant more Loyal then another excepting where the Kings power hath its residence the Authority and strength whereof subjugating the peoples hearts the Factors for that power pressing and protesting the Justice of their own party so seasoning and possessing the Subjects hearts with Calumny and prejudice against the other party together with some Gentlemen of note deeply engaged and stickling in their Countreys where they have power to make good that part which they take for their own sake and safety and those few have some Followers Tenants Servants or Mercenaries Nor one Town more Loyal then another or more Malignant taking the Malignancy against which side you will saving where some obnoxious persons of Eminency or Power hath Pre-eminence above the rest or where a chief Town in a County since this War began hath a more stout and expert Commander in it to Govern and keep the same against all Force opposing it wherefore what a mistake it is to call this Countrey or Town more or lesse Malignant more or lesse Loyal when as all men in a natural duty do and desire to serve the Countrey wherein they are born and live The Orator excepting against the ease and quiet Cicer. of many men did long since direct them in the gratitude which they owe unto their Birth and Breeding distributing their Duty and Endeavors into several portions Partem Parentes Partem Amici Partem Patria vendicat what their Countrey is what the Representative Body is already declared The King as Head thereof whilest joyned to the Heart and Members is implicitely meaned * Partem Patria One part the Countrey is explicitely set down Which terms of Malignant Loyal unquestioned before this War began hath much distempered the Common-wealth and set a difference even between the nearest Friends where Nature and Desert hath put an Unity Malice and Mistakings hath made Dissention that it falls out in these Kingdoms as in Israel and Judah two parts of a Nation we are no longer a Tribe and a Tribe but we are divided Kinred against Kinred Family against Family Son against his Father a Daughter against her Mother and a mans Foes to be those of his own House Nay it is a more intestine Discord betwixt a man as it were and himself the Body and the Minde between the outward Estate and inward Conscience When a man to save his Estate shall expose his Conscience having premeditately and on judgement resolved to betake himself to one side soon after for fear of losing his Estate or upon the turn of Victory hath submitted to the other against the consent of his own heart and conscience The prosecution of which War hath had several rises and beginnings many passages to increase and adde fuel to the Contention the Kings party always crossing and altering even in matters Arbitrary and Indifferent what the King and Parliament did on good reason institute Others of more moment as namely His * See the Articles of the large Treaty pag. 16. Demand 4. granted by His Majesty August 1641. Majesties gracing and preferring to His nearest secresie and trust a person whom His Majesty and Parliament did accuse and Proclaim guilty of High Treason Divers other matters of debate might happen to inflame the Discord one more particularly and remarkably concerning the Earl of Strafford who in the Dispute whether he should suffer or not had gained the most powerful and eminent Members as he thought of both Houses of Parliament on his side and the King to intercede as far as he might with Justice to acquit the Earl A sixth part at the most of the Members against the Sentence of his suffering might be peradventure troubled that their power and suffrages were over-matched and thinking much that they could not prevail to acquit the Earl have probably nourished thence an emulous spirit towards their fellow-Members the Debate whereof could not but adde unto the fuel of these Dissentions and so prove a prosecution of this War Thus the fire of War being kindled two principal parties have appeared in a martial posture And which first began unto whom was violence first offered in robbing and spoyling and the like is reported severally according to the affections of the Reporters a just estimate without varying in matters of considerablenesse is hardly to be had The King and His party say he intended no War the Parliament sayes Their's is defensive only the Proverb is The second blow makes the affray the first it is sure gives the offence The Kings coming in a Warlike manner attended with so many armed men to demand the six impeached Members resembled as much as for that present might be a Warlike act But a Warlike act and a War differ not much more then
protestors Vow when as he Voweth he will endeavor c. The next amongst external causes is the importunate and restlesse power of Flatterers making a Prince believe in the vastnesse of His Power over and above all Laws excusing and making lesse His faults then indeed they are rendring withall His actions exempt from Sin or Error The seasonable Accident which befel Antigonus King of SYRIA setting forth the falshood of His Parasites made him repent His Error in the Event Himself and His Kingdom happy who Hunting in a Forrest and earnestly pursuing His Chase being benighted lost His Followers and happening into a poor mans house to take His lodging demanded of His Host What that Country who and what maner of Governor the King of that Countrey was The poor man answered at large not knowing Him nor sparing to tell Him or any of His faults for which round dealing the King discovering Himself at His fellow-Hunters â—oming rewarded well His Host and afterwards better knew Himself and His flattering Courtiers using these words in their hearing Verum de me nisi hae Nocte audivi nunquam There are two causes of Pride an Inward Ignorance Outward Flattery That no whit appliable This the more dangerous as being inevitable because by surprize it seizes and annoys the person flattered and by perswading him to what he is not robs him of the possibility of being what he should Other occasions and incentives have been of this War the angry maner of Impeaching the Hostile of demanding the six Members of both Houses together with the Proclamations since accusing other Members of High See what the Assembly at OXFORD acknowledges The Priviledge of Parliament to be so substantial and entire a Right that the Invasion of the Liberties of either House is an injury to the other and to the whole Kingdom in their Declaration printed there p. 12. Treason hath added to the fuel of this War On what the Impeachment was first grounded otherwise then as general Articles is known to few unlesse it were for some supposed ill committed in their activenesse to perform what they thought their duty did enjoyn In every design and purpose there will be some more Activity in one two or more then in the rest otherwise the purpose in hand is likely to stand still Every compleated Act is first the conception of some one individual person then the consent of the rest If the first beginners shall for their forwardnesse of no advantage to themselves be therefore accused of Crimes and in a violent way pursued it could not but strike at the Root of the Subjects Liberty invaded lately then in agitation to be maintained and the sequel prove dangerous the infringing the Power and Priviledge of Parliament which so many Thousands have protested to maintain The Quarrel was as the Division great and 't is probable there would not have wanted witnesses on the one party as to prove the Articles so to have aggravated the guilt of them to the highest against the other The examination of which Articles whether the six Members were guilty in matter of Fact of what they were accused or whether the Articles were Treason in case they were guilty is not proper to this Discourse The beginning and maner of the first entring into this War being set down the Reader is left to judge on which the Offensive on which the Defensive is If it were as certain that the Parliament did before this War intend any thing against the Honor of the King as it is certain the Subjects Right and Liberty were encroached upon to say no more of what is vehemently presumed against the Protestant Religion no question then but the War must be thought Defensive on the Kings part But when these three endangered the Incendiaries contriving the subversion of the same consequently the promoters of this War are judicially required to answer their Misdemeanors when as they shall by a strong hand be rescued from the hand of Justice and in stead thereof Misdemeanors of as high a nature retorted on their Judges the Court of Parliament Nothing but a War could decide the Controversie an impartial understanding discern between the Offensive and Defensive part The Contention grew at first in point of Trust who should be rather believed for what is promised the King rather those about Him whom the Parliament suspected or the Parliament it self The several Reasons for requiring Trust are obvious to every mans view who hath observed their several Actions The Parliament may plead their undertakings cannot be made good nor the Trust committed to them discharged in that free and just way as they would because themselves opposed A Court of Judicature confronted and by an advers and equal power interrupted in their course of Justice must needs abate in their power and efficacy They have enough to do to detect and defeat the Fraud and Circumventions hourly practised against their place and person their condition like to the closely besieged in a Town of Garison who to subsist and maintain themselves do many things against their natural just and wonted course Friends may be sometimes oppressed and injured Enemies favored Justice cannot in perplexed times of danger be dealt with an exact and even poised hand the Sword hanging ready to fall like that of Damocles on each mans head A cunning Craftsman in dissembling and secret Enemy to that Court privily engaged to supplant the same may in his very demanding Justice and expecting by reason of the greatnesse of his place to be hearkned unto pressing withal their sedulous listening to his Complaints do it on purpose to divert their thoughts from their care of safety a small matter in equality of strength and in a doubtful Conflict helpeth to some Advantage Many are the exceptions against their Actions This a certain one the greatest and most inevitable inconvenience in their proceedings Martial and Civil that some injury must be done the very Act of War presumes as much and it is not their fault it may be their unhappinesse to be served by ill Instruments Those Instruments will expect also to be winked at in that they run the hazard of being censured to be Rebels for their sakes who do imploy them if not a little winked at there is danger in these dividing and doubtful times of turning to the advers part so the Subject is destined as it were to be oppressed And marvel not saith the wise man if thou seest oppression of the poor or a violent perverting of Justice in a Province and it must be that offences come The Miscarriages Violence and Insolencies done by a few or many particular men are not to be imputed to that Power which Governs them unlesse done by the Authority and Commission of that Power One other unfitnesse may appear in the proceedings of the Parliament as inevitable as the rest namely in that they have in a subordinate way deputed men of a lower rank to execute their Commissions and
power the passage is short and not unfitly quoted of the Earl of Warwick his contest with King Hen. 6. who directing his Privy-Seal for discharging the Earl of his Captain-ship of CALLIS the Earl refusing continued his office his reason was that it was granted him by a Parliament Whereto it may be objected that might be a personal contumacy in the Earl which proves not the Authority of that Court therefore not binding other Subjects yet this objection may be replyed unto that the Earl knew on what ground and by what judgement his refusing it was granted The Court of Parliament is not hereby so adored or prized nor are they so fond of their own Acts and Ordinances as to think them absolutely pure and unchangeably perfect or to derive the blessing of successe on their designs for the merit of their actions inuring for the present either in abrogating ancient or constituting new Acts and Ordinances which they may retract as occasion shall serve but to the Justice of their endeavourings which were they able to make good their proper and total power they would ere this have terminated and reduced their Acts into established Laws It is probable that many of those ancient usuages and Constitutions which they for reasons best known to themselves have for the present altered will revert and turn them to their former being without utterly abrogating the same To conclude and settle the doubtful and wavering Judgements had touching the power and Authority of this Court the aforecited * Sir Ed. Cook Oracle of Law hath delivered at large in his fourth Book of Institutes who wrote it in a calm and quiet time when there was no need to defend the Authority thereof Besides the preamble to the Statute concerning Parliaments sets forth and confirms the Power See the statute Authority and by necessary consequence the Priviledge of that Court as the only and proper cure of Grievances and remedy of Mischiefs in a Common-wealth The three first Conclusions are evident by what hath been observed before the latter of the three is Discoursed at large by a learned Author in his Book Intituled A more full Answer to Doctor Fern. But to answer one objection concerning the taking up of Arms and that the People take up Arms against their King which the objectors say is unlawful under what pretence soever If the Question be rightly weighed and stated it will evidently appear that this is no taking up Arms against the King no more then a Chyrurgion doth offend or wrong his Patient when to recover and preserve the whole body he cuts and takes away the proud and putrified flesh encircling and infecting the more eminent and sounder part And if in this Quarrel the King shall unnecessarily and with hazard to himself against the advice supplication and importunity of His Subjects expose Himself to danger Gods protection being more immediately seen over his Anointed is herein crossed if not tempted and if it happen otherwise to Him then His Subjects would His miscarrying is of Himself or rather from those who perswade Him to it The Question which hath cost this blood is not now betwixt a King governing according to the strict and precise Rules of Law the measure of each mans Right and Subjects rebelliously rising up in arms against their King and those Laws as some men in their gall of bitternes have given out but betwixt a King transgressing the known Laws as Himself confesseth and retracts His Fault and a Court of Parliament the Supreme Councel of the Kingdom endeavoring in a just and legal way to punish and represse Offendors as former Parliaments have done no other power or force to dispute or emulate a King's and the matter whereon they quarrel an actual invasion made on the Fundamental Laws and a party engaged to imbrace and abet the same whither under the notion of Loyalty or from Humor Ambition and Levity on the one side and the Parliament with a party adhering unto them contending to preserve those Laws with the Subjects Right and Liberty on the other side For the controversie is not immediately and principally in the new-sprung Differences about Church or State-Government as which the more perfect Form in State Monarchical Oligarchical or Aristocratical which in Church-Government an Independent Presbyterial or Episcopal which latter two are not much differing in themselves in their Primitive Institution as anon will be shewed in its proper place All these Controversies are emergent only and resulting out of the occasion of this War which gives occasion and liberty to all dissentions and makes every one a fierce combatant in maintenance of his own opinion But the principal parties are as before observed a party who hath actually violated the Laws by which we are governed and have their partakers and a party who contend and would preserve the same The first abetted under the stile of being good Subjects the latter traduced and inveighed against as Rebels What the Laws of this Kingdom conveyed unto us in these latter times are under which we are born and governed is by an ordinary light of study so figured in all mens knowledge as no man can but consent unto and confesse That to be the Law which the Court of Parliament doth Enact which Court hath power also to Repeal Dissolve Alter or make Perpetual as they please and that to be a Parliament certainly and definitively which is the assembling together of the Nobility and Gentry of this Kingdom lawfully summoned by the King in the prudent and deliberate Counsel of his heart at such a Time to such a Place for Reasons expressed in that His Writ What the Power and Priviledge of that Court in general is is learnedly and industriously set down by the forenamed Author of what power and stability this is whither to continue until their work for which they were assembled be finished or Arbitrarily to be dissolved the King hath by His own Act defined in binding Himself not to dissolve without their consent Wherefore if He shall alter such Act made and consented unto by Himself during the Session of that Court in His * Ira inimica Concilio Cicer. anger an Enemy to Counsel because He may not conform and rule them call and divide any part of them from the place where they were first summoned whither those which stay behinde in the first named place or those which come away to the last without respect had to which is the major part shall be reputed the true Parliament Object And whither that dividing be a dissolving without consent or not 't is no dissolving but a local removing in nature of Adjournment which is peculiar to a Kings power both to Summon and Adjourn Answ The King it is confess'd hath power to Summon and to Adjourn as former Kings have done to other places of the Kingdom as NORTHAMPTON OXFORD WINCHESTER c. but such Adjournments have been on special and extraordinary occasions of Plague
Predecessors were Neither can any man reasonably think that there is so strict an Unity so near a co-incidency betwixt His Majesty and those His Councel whom the Parliament suspects betwixt His thoughts and inclinations to a Peace to be concluded on fit and just terms and that His Councels Desires and Resolutions for such a Peace as may best serve their own and their parties turn but that His Subjects may most truly with much Loyalty and without wounding Him through His Councels sides believe and say The King having been seduced by Evil Councel hath done that which otherwise he would not 2. To assist the Parliament to resist in a mans own defence and to adhere to such a power as can protect him is Rebellion For Neighboring Towns or Countreys to joyn in a mutual Defence and League against any Force which may infest howbeit Nature and Necessity do allow defensive and provisionary Acts for safety 't is wrested otherwise now and termed Disaffectionate Disloyal and adjudged offensive 3. To distinguish betwixt the King His Kingly Office and His person Trayterous A man in Office is distinguished from what he is in person yet no fault or misterming in the distinguisher If A. B. High Constable of an Hundred set an Affrayer by the heels he doth it as High Constable not as he is A. B. If the Lord Chief Justice E. F. being Judge of Assize and Condemn a Fellon he doth it not in his personal capacity as he is E. F. but as he is Judge of Assize And although there may seem to be a nearer Unity between a King who is Natus Rex His Office and His person then there is betwixt a Judge who is Datus or factus Judex his Office and his person yet the distinction may be admitted to the King without being Treason 4. Amongst other Misdemeanors to be exhibited against the Subject the very * See the Articles to be presented to the high Constables in the Westerne Circuit 1643. abode in or repairing to any Town or City after His Majesty had made known His Displeasure against the same is reckoned Disaffection howbeit many being threatned from their Duty and driven from their homes by the rudenesse and violence of Souldiers had no other place of succour for their Protection then in those places excepted against by His Majesties Proclamations So the place and persons resorting to the place lie under the penalty of Displeasure In which the chief City of the Kingdom seems in the accusers eye to be most disloyal Enjoying yet by Gods mercy to his Glory and their happinesse be it spoken notwithstanding the place populous the times contagious and miserable elsewhere a deliverance from the ficknesse besides the Blessing of Peace vouchsafed thereto for their Humanity in harboring the stranger and oppressed in that amidst the Calamities of Plague and War they are free from the Pestilence that walks in darkness and from the sickness that destroyeth in the noon day that a thousand fall beside them and ten thousand at their right hand but it comes not nigh them Summarily if all matters else of Jealousie and Debate were fitted for a Treaty the very Argument concerning what is Treason what Disloyalty were enough to renew the Contention some so pretendingly fond of the Kings Honor as to make his power swell immencely above the Laws and beyond all other Kings some amongst the people so advers to the King as to deny Him the just power and Soveraignty of a Prince There are no question zealous and good desires in many of either party for the maintenance of Justice and the Laws Howbeit the execution of their desires be respited until the prevailing part have gained power to make good the same so there may be also a mistaking and a fault in either part In some well wishing to the Parliament who frame and finde out causelesse Jealousies on purpose to divide the King from His friends as that common and slightest among the rest of Prince Rupert and Prince Maurice ayming at the Crown of England When His Majesty hath a numerous Issue of His own in possibility of more the two Princes an elder an Illustrious Brother Others wishing well to the Kings party of the like dividing spirit contending to have the Nobility and Gentry of this Kingdom think that the Yeomanry and Commonalty frame hopes to themselves of mateing the Gentry in an equal ranke These sinister contemplations of some disaffected and discontented persons are invented on purpose to sever and divide the mutual concurrency of the Gentry with the Commonalty in a proportionable aiding one another How frivolous it is all men may guesse when as the Parliament Members of both Houses are Lords and Gentlemen themselves a Bulwark strong enough to retard and provide against any such incroaching thoughts of Parity If any such there be believing these Inventions there needs no other Argument to evince such sinister suppositions Many the like Jealousies and obstacles to Peace on foot which the Court of Parliament do seasonably apprehend The Assembly at OXFORD seem the first offerers of an Accommodation for Peace But when they set forth Declarations with the fair frontispiece of Declarations tending to Peace and in those writings accuse their fellow-Members with whom they endeavor to possesse the world they contend for Peace of refusing and disturbing Page 23. Peace of being Traytors and Promoters of this horrid War and charge them in those writings or in some of His Majesties Declarations with scoffing the King in their Messages sent unto Him a Crime if they be guilty of most heynous and undutiful these Accusations of upbraiding their fellow-Members may be an outward offering but no inward or real promoteing of a Peace They have deserted their fellow-Members in Parliament and in that a chief Trust reposed in them their very departure without License from the Parliament was heretofore adjudged * 5. Hen. 8. Which Statute they would not all have broken it is presumed through the worth and Ingenuity of many of them had they either timely considered of the Statute or not in a passionate and hasty way departed or could have foreseen the ill effects of their departure penal to depart to contrive and wage War against their fellow-Members in Parliament heightens the offence as it credits the mercy of their * For notwithstanding the unhappy consequences of their deserting the Parliament refuses not to receive them to compound upon their undertaking not to do any thing prejudicial to the State Forgivers in not taking a severe and strict accompt of Inflicting a condign censure on the offendors To correct and sweeten the Malady thereof something must be published nothing more acceptable then the name of Peace but on what terms more then the name of peace in a general word they do not declare A condiscending must be had as well as a meeting for peace those ought to condiscend who are the most certain first Transgressors In the
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
the one or Restraint of the other may be had whether by a meeting for a Treaty or by pursuite of Victory by the sword A Treaty hath been had Commissioners of eminent quality met and PROPOSITIONS inter-changeably sent What the carriage and event thereof hath been the Author of the Relation of the passages there hath expressed but whither impartially set down the Commissioners are the onely witnesses whither his relation makes for or against his own party the Reader is to judge The Parliament whither in their proposing or accepting of the Treaty shewed their Inclination to a Peace gaining nothing by the meeting for no one PROPOSITION demanded was granted them save only the credit of their sincerity in really meaning to acecomplish that for which the end of their meeting was The seeking and ensuing Peace is to be presumed to be the fervor and end of their desires Neither they nor their friends shall gain by the protraction of the War It is likewise to be so presumed on His Majesties party save some Officers and Commanders in chief in either Army Forraigners and Out-landish who empty ours to fill their own purses And other Instruments appendent on the War and imployed for raising money to defray the charge may haply be thrivers by the War But for the means of obtaining Peace standers by may be able to discern wise to observe and contemplate on the means Howbeit none are called none sent none on whom the power and authority of managing the Peace is devolved save the Court of Parliament alone in whom we have entrusted all expedients to our Safety If they shall judge the PROPOSITIONS formerly tendred to His Majecty to be the onely and effectual means The Subjects are to abide by their Judgement which PROPOSITIONS may seem in number many in their strict quality extream and harsh especially in the Kings friends eye as seeming to abate His accustomed Regal Dignity Extreme diseases require extreme remedies for their cure and when Jealousies are a long time breeding the task will be as difficult in the means of dispelling them Evils when grown strong multiplied and closely wrought need a proportionate instrument to lance and remove to stop the new springing up of the same or the like The PROPOSITIONS are of two sorts the The PROPOSITIONS to be sent suitable to the present exigent in hand viz. the Preservation of the Honor and just Power of a King displeased the Parliament and people threatned are not of a tumultuary and easie dispatch not to be concluded in haste nor quarrelled with for the delay in sending them when as many interveening accidents may give occasion for altering them Nor can every looker on be a fit Dictator or judge in this most weighty Cause and Controversie touching the quality and fitnesse of what is to be insisted on the Parliaments most choice elaborate and well weighed Councels are no more then needs to deliberate compute and a long time to be advising what is once and for ever to be established that His Majesty may be no more a loser nor the welfare of His Subjects which is the foundation of His happinesse endangered for the future If the PROPOSITIONS be too high His Majesty may think the Parliament to be His King and Himself may seem to stoop too low and beneath His Soveraignty to grant and sign them If they be of too low and short assurance to secure the Subjects peace The Parliaments forepast Acts and Councels are wholly frustrate the labour of their endeavors lost And what is like to be the sequel any man may guesse one a calling Delinquents to accompt demanding Justice according to the degree of their offendings The other of their tendring to the King the Counsels and result of their own experience and maturity of Wisdom for the Government of His Kingdom wherein they only prompt and dictate to His Majesty what they desire Him to assist and joyn with them in the compleating and establishing the same The first of calling offenders to accompt expressely named in the PROPOSITIONS whither they all shall suffer in their livelihoods accordingly as they are challenged Or only some few known to be the Principal and long since contrivers of these mischiefs the subversion of the Protestant Religion and the Laws is left to the Judgement of the Parliament which being a Court of mercy mercy no negative of Justice can in case they are able to maintain their own proper Power make use of what the Heathens Judgement with a Christians spirit hath advised ut pena ad paâ—cos metus ad omnes perveniat Bis vicit qui pepercit and honestum ac nobile genus vindictae est ignoscere to have Cicer. Senec. forgiven or given a longer time for offenders to come in shews their Clemency whether or no the deep lodged envy and discontented anger of many the offenders throughly convinced of their own offending shall apprehend and make use of the Clemency of their forgivers The quality of the PROPOSITIONS thus examined and His Majesty altogether refusing to sign any of the same as judging them unequal and incompetent to His Regal dignity He propounds His return to LONDON there to Treat in Person as an expedient means of Peace But on what terms to Treat is not proposed For His Majesty with His party and the Parliament there to meet to recapitulate and argue the Reason Authors and Accidents of this War were to revive the heat thereof His * See His Letter March 1646. Majesty laying the guilt of shedding all this Christian blood at the Parliaments doors His professing not to desert His friends which the Parliament accompt their Enemies when the persons with whom He is to Treat against whom He hath waged War near four years the place whereunto He is to come against which he hath denounced His displeasure are all considered without any retractation of His former anger without Repealing His bitter Messages expressed against those persons that place and the people assisting them a meeting once had for a Peace made frustrate When those are any way salved any Act passed by His Majesty to remove these doubts and dangers when he shall have changed His inclination to severity denounced against His Subjects when He shall in His serious and sad regard had to His people and their sufferings have His heart turned within Him when his repentings shall be rowled together as God himself by his Prophet disdains not to his people their hearts will fill with Hosea 11. Acclamation and joy to receive and welcome him a tender and nursing Father to his Church and people and the common and easie objection wiped away that whereas the Parliament and people have petitioned and prayed for His return they now shew their Inconstancy in refusing that which they have so earnestly desired The motion of Petitionings doth cease when the end whereunto they move the hopes of a Peace to be had by His Majesties return seems frustrated