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A70797 The royall martyr. Or, King Charles the First no man of blood but a martyr for his people Being a brief account of his actions from the beginnings of the late unhappy warrs, untill he was basely butchered to the odium of religion, and scorn of all nations, before his pallace at White-Hall, Jan. 30. 1648. To which is added, A short history of His Royall Majesty Charles the Second, King of England, Scotland, France, and Ireland, defender of the faith, &c. third monarch of Great Brittain.; King Charles the First, no man of blood: but a martyr for his people. Philipps, Fabian, 1601-1690.; W.H.B. 1660 (1660) Wing P2018A; ESTC R35297 91,223 229

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of horses And within two dayes after the Lord Keeper Duke of Richmond Marquiss Hartford Earl of Salisbury Lord Gray of Ruthen with 17 Earls and 14 Barons the Lord Chief Justice Bancks and sundry others of eminent quality and reputation attest His Majesties Declaration and profession that He had no intention to make a War but abhorred it and That they perceived no Councels or preparations tending to any such designe and sent it with His Majesties Declaration to the Parliament In the mean time the Committee of Parliament appointed to make the propositions to the City of of London for the raising of Horse viz. 15. June 1642. Made report to the House of Commons That the Citizens did very cheerfully accept the same there being for indeed there had been some design and resolulution a year before concerning the melting of plate to raise monies already great store of plate and monies brought into Guild-Hall for that purpose and an Ordinance of Parlament was made for the Earl of Warwick to be Lord Admirall and keep the Navy though the King had commanded him on pain of treason to deliver up the Ships to him And the Lord Brook sent down into Warwick-Shire to settle the Militia 17. June 1642. Committee of both Houses was appointed to go to the City of London to enquire what store of Horse Monies and Plate were already raised upon the Propositions 18. June 1642. The King by his Proclamation Disclaiming any intention to make War against his Parlament forbiddeth all levies of Forces without his Majesties express pleasure signified under his Great Seal And 20. June 1642. Informing all his Subjects by his Proclamation of the Lawfulness of his Commissions of Aray That besides many other Warrants and Authorities of the Law Judge Hutton and Judge Crooke in their Arguments against the Ship-money agreed them to be Lawfull and the Earle of Essex himself had in the beginning of this Parlament accepted of one for the County of York Gave his people to understand That he had awarded the like Commissions into all the Counties of England and Dominion of Wales to provide for and secure them in a legall way left under a pretence of danger and want of Authority from his Majesty to put them into a Military posture they should he drawn and engaged in any opposition against him or his just Authority But 21. June 1642. The Lords and Commons in Parlament Declaring The designe of their Propositions of raising Horse and Moneys was to maintain the Protestant Religion and the Kings Authority and Person and that the Forces already attending his Majestie and his preparations at first coloured under the pretence of a guard being not so great a guard as they themselvs had constantly for 6 months before did evidently appear to be intended for some great and extraordinary designe so as at this time also they do not charge the King with any manner of action of War or any thing done in a way or course of war against them and gave just caufe of fear and jealousie to the Parlament being never yet by any Law of God or man accounted to be a sufficient cause or ground for Subjects to make War against their Soveraign did forbid all Mayors Sheriffs Bayliffs and other Officers to publish His Majesties said Letter to the City of London And Declare that if He should use any force for the recovery of Hull or suppressing of their Ordinance for the Militia it should be held a levying Warr against the Parlament and all this done before His Majesty had granted any Commission for the levying or raising of a man and lest the King should have any manner of provision of War to defend himself when their Army or Sir John Hotham should come to assault him Powder and Armes were every whera seized on and Cutlers Gun-Smiths Sadlers and all Warlike Trades ordered not to send any to York but to give a weekly account what was made or sold by them And an Order made the 24 of June 1642. That the Horses which should be sant in for the service os the Parlament when they came to the number of 60. should be trained and so still as the number increased 4. July 1642. The King by his letter under his signe Manuall commanded all the Judges of England in their Circuits to use all means to suppress Popery Riots and unlawfull assemblies and to give the people to understand his resolution to maintain the Protestant Religion and the Laws of the Kingdom and not to govern by any arbitrary way and that if any should give the King or them to understand of any thing wherein they held themselves grieved and desired a just reformation He would speedily give them such an answer as they shall have cause to thank him for his Justice and favour But the same day a Declaration was published by both Houses of Parlament commanding that no Sheriff Mayor Bayliff Parson Vicar Curate or other Sir Richard Gurney the Lord Mayor of London not many days before having been imprisoned for proclaiming the Kings Proclamation against the bringing in of Plate c. should publish or proclaim any Proclamation Declaration or other paper in the Kings name which should be contrary to any Order Ordinance or Declaration of both the houses of Parlament or the proceedings thereof and Order that in case any force should be brought out of one County into another to disturb the peace thereof they should be suppressed by the Train Bands and Voluntiers of the adjacent Counties Shortly after Sir John Hotham fortifieth the Town of Hull whilst the King is at York seizeth on a Ship coming to him with provisions for his Houshold takes Mr. Ashburnham one of the Kings servants prisoner intercepts Letters sent from the Queen to the King and drowneth part of the Countrey round about the Town which the Parlament allows of and promise satisfaction to the owners 5. July 1642. They order a subscription of Plate and Horse to be made in every County and list the Horse under Commanders and the morrow after Order 2000 men should be sent to relieve Sir John Hotham in case the King should besiege him to which purpose Drums were bear up in London and the adjacent parts to Hull The Earl of Warwick Ordered to send Ships to Humber to his assistance instructions drawn up to be sent to the Deputy-Lievtenants of the severall Counties to tender the Propositions for the raising of Horses Plate and Money Mr. Hastings and divers of the Kings Commissioners of Array impeached for supposed high Crimes and misdemeanours and a Committee of five Lords and ten of the House of Commons ordered to meet every morning for the laying out of ten thousand pounds of the Guild-Hall moneys for the buying of 700 Horse and that 10000. Foot to be raised in London and the Country be imployed by direction of the Parlament and the Lord Brook is furnished with 6. pieces of
and a Regiment of the train-bands of Foot to be for a guard unto him caused the oath of Allegiance to be administred unto them But the Parliament thereupon Vote that it appeared the King seduced by wicked Counsell intended to make a war against them and til then if their own Votes should be true must acquitt him from any thing more then an intention as they call it to do it And whosoever should assist him are Traitors by the fundamentall Laws of the Kingdom The Earl of Essex Lord Chamberlain of the Kings Houshould and all other of the Kings Houshould Servants forbid to go to him and the Kings putting some of them out and others in their places Voted to be an injury to the Parliament Messengers were sent for the apprehending of some Earls and Barons about him and some of his Bed-Chamber as if they had been Fellons The Lord Keepers going to him with the great Seal when he sent for him Voted to be a breach of priviledge and pursued with a warrant directed to all Mayors Bayliffs to apprehend him Cause the Kings Rents and Revenues to be brought in to them and forbid any to be paid him Many of his Officers and Servants put out of their places for being Loyall unto him and those that were ill affected to him put in their Rooms and many of his own Servants tempted and procured by rewards and maintenance to tarry with them and be false and active against him The twenty sixt day of May 1642. a Declaration is sent to the King but printed and published before he could receive it That Whatsoever they should Vote is not by Law to bee questioned either by the King or Subjects No precedent can limit or bound their proceedings A Parliament may dispose of any thing wherein the King or peopl have any right The Soveraign power resides in both Houses of Parlament The King hath no Negative voyce The levying of Warre against the personall commands of the King though accompanied with his presence is not a levying of Warre against the King but a levying War against his Laws and authority which they have power to Declare is levying of War against the King Treason cannot be committed against his person otherwise then as he was intrusted They have power to judge whether he discharge his trust or not that if they should follow the highest precedents of other Parliaments Paterns there would be no cause to complain of want of modesty or duty in them and that it belonged only to them to judge of the Law 27 Of May The King by his Proclamation forbids all his Subjects and trayned bands of the Kingdom to Rise March or Muster But the Parliament on the same day Command all Sheriffs Justices of the Peace and Constables within one hundred 50 miles of York to seize and make stay of all Armes and Amunition going thither And Declaring the said Proclamation to bee voyd in Law Command all men to Rise Muster and March and not to Muster or March by any other Authority or Commission and the Sheriffs of all Counties the morrow after Commanded with the posse Comitatus to suppress any of the Kings Subjects that should be drawn thither by his Command Secure and seize upon the Magazines of the Counties Protect all that are Delinquents against him make all to be Delinquents that attend him and censure and put out of the House of Peers nine Lords at once for obeying the Kings summons and going to him 3 June 1642. The King summoning the Ministers Gentry and Free-holders of the County of York declared to them the reasons of providing himselfe a guard and that he had no intention to make a War and the morrow after forbad the Lord Willoughby of Parham to Muster and train the County of Lincolne who under colour of an Ordinance of Parlament for the Militia had began to do it 10. June 1642. The Parlament by a Declaration signifying That the King intended to make a War against his Parlament invited the Citizens of London and all others well affected as they pleased to miscall them within eighty miles of the City to bring money and plate into the Guild-Hall London and to subscribe for Men Horses and Arms to maintain the Protestant Religion the Kings Person and Authority free course of Justice Laws of the Land and priviledges of Parlament and the morrow after send 19 propositions to the King That the great affairs of the Kingdom and Militia may be mannaged by consent and approbation of Parlament all the great Officers of Estate Privy Councell Ambassadors and Ministers of State and Judges to be chosen by them that the Government Education and Marriage of the Kings Children be by their consent and approbation and all the Forts and Castles of the Kingdome under the Command and Custody of such as they should approve of and that no Peers to be made hereafter should sit or vote in Parliament without the consent of Parliament with several other demands which if the King should have granted would at once in effect not onely have undone and put his subjects out of his protection but have deposed both himself and his posterity and then they would proceed to regulate his Revenue and deliver up the Town of Hull into such hands as the King by consent and approbation of Parliament should appoint But the King having the same day before those goodly demands came to his hands being a greater breach of his former priviledges then his demanding of the five Members and Kimbolton it it had not been lawfull for him so to doe could be of theirs granted a Commission of Array for the County of Leicester to the Earl of Huntington and by a letter sent along with it directed it for the present onely to Muster and Array the Trained Bands And 13. June 1642. Declared to the Lords attending him at York That he would not engage them in any War against the Parliament unless it were for his necessary defence whereupon the L. Keeper Littleton who a little before had either been affrighted or seduced by the Parliament to vote their new Militia The Duke of Richmond Marquess Hartford Earl of Salisbury Lord Gray of Ruthen now Earl of Kent and divers Earls and Barons engaged not to obey any Order or Ordinance concerning the Militia had not the Royal assent to it And fourteenth of June 1642. Being informed That the Parliament endeavoured to borrow great summs of money of the City of London and that there was great labour used to perswade his Subjects to furnish horse and money upon pretence of providing a guard for the Parliament By his letter to the Lord Mayor Aldermen and Sheriffs of London disavowing any purpose of making a War declared That He had not the least thought of raising or using of Forces unless he should be compelled to doe it for his own defence and forbiddeth therefore the lending of money or raising
Ordinance out of the Tower of London to fortifie the Castle of Warwick And 9. July 1642. Order That in case the Earl of Northampton should come into that County with a Commission of Array they should raise the Militia to suppress him And that the Common Counsell of London should consider of a way for the speedy raising of the 10000 Foot and that they should be listed and put in pay within four days after 11. July 1642. The King sends to the Parlament to cause the Town of Hull to be delivered unto him and desires to have their answer by the 15 of that month and as then had used no force against it But the morrow after before that message could come unto them they resolve upon the Question That an Army shall be forthwith raised for the defence of the Kings person and both houses of Parlament and those who have obeyed their Orders and Commands in preserving the true Religion the Laws Liberties and the Peace of the Kingdom and that they would live and dye with the Earl of Essex whom they nominate Generall in that cause And 12. July 1642. Declare that they will protect all that shal be imployed in their assistance and Militia And 16 July 1642. Petition the King to forbear any preparations or actiōs of War and to dismiss his extraordinary guards to come nearer to them and hearken to their advice but before the Petition could be answered wherein the King offered when the Town of Hull should bee delivered to Him he would no longer have an Army before it and should be assured that the some pretence which took Hull from him may not put a Garison into Newcastle into which after the Parlaments surprise of Hull He was inforced to place a Governour and a small Garrison He would also remove that Garrison and so as his Magazine and Navy might be delivered unto him all Armies and Levies made by the Parlament laid down the pretended Ordinance for the Militia disavowed and the Parlament adjourned to a secure place he would lay down Arms and repair to them and desired all differences might be freely debated in a Parlamentary way whereby the Law might recover its due reverence the Subject his just Liberty Parlaments their ful vigour and estimation and the whole Kingdom a blessed Peace and Prosperity and requiring their answer by the 27. of that July promised til then not to make any attempt of force upon Hull had armed their General with power against him given him a Commission to kill and slay all that should oppose him in the execution of it and chosen their General of the Horse 8. August 1642. Upon information that some of the Town of Portsmouth had revolted to Colonell Goring being but sent thither with a message from the King and Declared for his Majestie Order forces to be sent thither speedily to beleaguer it by Land and the Earle of Warwick to send thither 5. Ships of the Navy to prevent any forraign forces coming to their assistance and upon Intelligence that the Earle of Northampton appeared with great strength at Banbury to hinder the Lo. Brooks for carrying the picces of Ordnance to Warwick Ordered 5000 Horse and Foot to be sent to assist him 9. August 1642. Upon information that the Marquis of Hartford and divers others were in Somerset-shire demanding obedience to the Kings Commission of Array to have the Magazine of the Connty to be delivered unto them Gave power to the Earl of Essex their Lord Generall the Lord Brook and others to apprehend the Marquis of Hartford and Earl of Northampton and their complices and to kill and slay all that should oppose them And the day following gave the Earle of Stamford a Commission to raise forces for the Suppressing of any should attempt for the King in Leicester-shire or the adjacent Counties And on the eleventh of August 1642. Upon the Kings Proclamation two days before declaring the Earl of Essex and all that should adhere unto him in the levying of Forces and not come in and yield to His Majesty within six days to be Travtors● vote the said Proclamation to be against the fundamental Laws of the Kingdom Declare their resolutions to maintain and assist the Earl of Essex and resolve to spend no more time in Declarations and Petitions but to endeavour by raising of Forces to suppress the Kings Party though all that the Kings loyal Subjects did at that time for Him was but to execute the Commission of Array in the old legal way of the Militia and within a day or two after ordered the Earl of Essex their Lord General to set forth with his Army of Horse upon the Monday following but not so much as an Answer would be afforded to the Kings Message sent from Hull where whilst He with patience and hope forbore any action or attempt of force according to His promise Sir John Hotham sallied out in the night and murdered many of his fellow-subjects 12 Angust 1642. The King though He might well understand the great leavies of Men and Arms ready to march against Him by a Declaration published to all his Subjects assures them as in the presence of God That all the Acts passed by Him in this parliament should be as equally observed as those which most of all concerned His own interest and rights and that his quarrel was not against the Parliament but particular men and therefore desired That the Lord Kimbolton Mr. Hollis Sir Hen Ludlow Sir Arthur Hasilrig Mr. Strode Mr. Martin Mr. Hampden Alderman Pennington and Captain Venne might be delivered into the hands of Justice to be tried by their Peers according to the known Laws of the Land and against the Earls of Essex Warwick Stamford Lord Brooks Sir John Hotham Major General Skippon and those who should exercise the Militia by vertue of the Ordinance he would cause Indictments to be drawn of high Treason upon the Statute of 25 Edw. 3. and if they submit to trial and plead the Ordinance would rest satisfied if they should be acquitted But when this produced as little effect as all other endeavours He had used for peace He that saw the Hydra in the mud and slime of Sedition in its Embrio birth and growth and finds him now erected ready to devour him must now though very unwilling to cast off His beloved Robe of Peace forsake an abused patience and believe no more in the hopes of other remedies had so often deceived Him but if He will give any account to the Watchman of Israel of the People committed to his charge or to the people of his protection of them or any manner of satisfaction to his own judgment and discretion betake Himself to the Sword which God had intrusted Him with and therefore makes the best use He could of those few friends were about Him and with the money which the Queen had not long before borrowed and the small supplies He had obtained of His
battell of Naseby insomuch as their fellow Rebells the Scotch Commissioners did heavily complain of it were at severall times trifled away and spent before any propositions could be made ready though those which they sent to Oxford Uxbridge New-castle and Hampton Court were but substantially and materially the same with their nineteen Propositions which they made unto the King before the Earl of Essex was made their General and in all the Treaties made Propositions for themselves and the Soveraignty and great offices and places of the Kingdome but would neither for Gods sake or their Kings sake or their Oaths or Conscientes sak or the Peoples sake or Peace sake which the People petitioned and hungred and thirsted for alter or abate one Jota or tittle of them but were so unwilling to have any peace at all as six or seven Messengers or Trumpeters could come from the King before they could be at leisure or so mannerly as to answer one of them but this or that Message from the King was received and read and laid by till a week or when they would after and the Kings Commissioners in the Treaties must forget their due titles of Earles Lords or Knights because the King had made them so since the beginning of the War or else must be neither Treaty nor Peace there At Uxbridge the time of the Treaty limited for 20. days and at New-Castle for 10. and though the King and his Commissioners at Uxbridge almost petioned for a cessation in the interim of that which was at Oxford it could not be granted nor have a few dayes added to it and if the King could in honor and conscience have granted all the other parts of the Propositions must grant them an act not only to consiscate the Estates of his Friends and those that took up armes to save his Life and Estate but to take away their Lives also and not only that but to condemn of high Treason attaint their blood when they that fought against them were only guilt● a thing so unfitting and unusually stood upon as it was never asked in any treaty or pacification among the civilized or mor barbarous heathen and amounts to more then Adonibezeks causing the thumbs and great toes of his captive Kings to be cut off and making them to gather the Crumbs from under his table or Benhadads demand of Ahabs silver and gold his wives and Children and whatsoever was pleasant in his eyes which the Elders and people of Israel perswaded Ahab not to consent unto but was a thing purposely contrived and stood upon to hinder a peace was not to be asked or granted by any that could but intitle themselves to the least part of reason or humanity a demand Bajazet would not leave his Iron-Cage to yield unto a thing nature it selfe would abhor and the worst of Villains and Reprobates rather loose their lives then yield to would never be demanded by any nor granted by any but his Equalls And if their desiring of a War more then a peace and to keep the King out of his own had not been the onely cause of such unnaturall and barbarous propositions it may well be wondred why they that have made to themselves for we cannot believe they have found any law or warrant to ground it upon a power to take away the Kings life upon a colour or pretence of an unread as well as unheard of piece of Justice should need to strive so hard with the King to give them a power to do that they are now so bufie to do of themselves and as if they had been afraid all this would not be enough to keep the doors of Janus or the Devill open for fear lest the King should trouble them with any more offers or Messages of Peace a vote must be made in February 1647. that it should be treason in any man to bring or receive any more Messages from him without consent of Parliament But suppose that which is not that the Parliament could have but found any thing but some what like a cause or justification of a War against their Soveraign for notwithstanding all their hypocriticall pretences so as it was at first intended and so it hath been proved to be ever since to whom their Masters the People we mean as to the house of Commons had sent them to consult with not to make a War against him they might have remembred that saying of Cicero if they had found nothing in the Book of God and their own Consciences to perswade them to it That du● sunt genera decertandi unum per disceptationem alterum per vim ad hoc confugiendum non est si uti superiori licebit There are other wayes to come by pretended rights than by a War and we ought never to make use of a War which is the worst of all remedies if we may obtain it by a better Hen. 2. King of England was made a Judge between the Kings of Castile and Navarre The Rebellious Barons of England in the Reign of King Hen. 3. referred their controversies to the decision of the King of France and his Parliament at Paris And the blood of this Kingdome which ran so plentifully in those unhappy differences was by that meanes onely stopped Charles the 4. Emperor was made a Judge of the differences betwixt the English and the French Kings For as Albericus Gentilis saith well Intelligendum eos qui diffugiunt genus hoc decertandi per disceptationem ad alterum quod est per vim currunt illico eos a justitia ab humanitate a probis exemplis refugere ruere in arma volentes qui subire judicium nullius velint They that rush into a War without assaying all other just meanes of deciding the controversie for which it is made and will judge onely according to their own will and opinion doe turn their backs to Justice Humanity and all good Examples And in that also the Parliament will be found faulty For the French King and the Estates of the united Provinces did by more than one Request and Embassy severally and earnestly mediate to make an accord betwixt the King and his Parliament and desired to have all things in difference left to their Arbitrement but their Ambassadors returned home again with a report how much they found the King inclined to it and how satisfactorily he had offered and how much the Parliament was averse to their interposition and altogether refused it But we have tarried long enough among the Parliament party from thence therefore for it is time to leave the company of so much wickedness we shall remove to the Kings party and yet that may cause a Sequestration and examine for a fuller satisfaction of that which by the rule of contraries is clear enough already if he were not on the defensive and more justifiable part of the business The King as he was Defensor Protector subditorum suorum
THE Royall Martyr OR KING CHARLES The FIRST no Man of BLOOD but A MARTYR for His PEOPLE Being a brief Account of His Actions from the beginnings of the late unhappy Warrs untill He was basely Butchered to the Odium of Religion and scorn of all Nations before his Pallace at White-Hall Jan. 30. 1648. To which is Added A Short History of His Royall MAJESTY Charles the Second KING of England Scotland France and Ireland Defender of the Faith c. Third Monarch of Great Brittain In all his Sufferings and Solitudes more then CONQUERER Rom. 8. Salus Populi Salus Regis ●ondon Printed for Henry Bell and are to be sold by most Book sellers 1660 TO THE KINGS Most Excellent Majesty Dread Soveraign THe occasion of these few lines is neither to renew your sorrow nor stir up your Majesty to revenge I know you have learned a better lesson from our blessed Lord and Saviour to forgive your enemies neither is it my design to plead for that which I even tremble to write viz. Regicide I know the world expects some should be made examples of Justice God forbid that blood-guiltiness especially of our King should go unpunisht But that Justice mercy might kiss each other These ensuing lines were writ in the midst of your and our sufferings the onely end both in writing and publishing was to Vindicate your Royal Father our Dread Soveraign of blessed memory thereby to make a more easie passage for your most Excellent Majesty to ascend unto the Royall throne of your famous Progenitors And now seeing God at last by his wonderfull and most miraculous Providence hath brought your Sacred Majesty to your just Rights Dominions I make bold in all humility to prostitute both my self and this small Tract at your Royall Feet beseeching your Clemency to accept of this small Mite of my Loyalty begging your gracious pardon for my great presumption beseeching Almighty Jehovah the God of your Fathers to redouble in you your Fathers Graces and Vertues recompence to your Majesty for all your unparalelled sufferrings patience in the perfect obedience and affection of all your Subjests establish your Royall Throne here on Earth and at last give you a Crown of Glory in the highest heavens so prays Your Majesties Loyall Humble and most obedient Subject W. H. B. King Charles the First no Man of BLOOD But a Martyr for his PEOPLE THat there hath been now eighteen years spent in Civill Warrs aboundance of Blood shed and more Ruine and misery brought upon the Kingdom by it then all the severall Changes Conquests and Civill Warrs it hath endured from the time of Brute or the first Inhabitants of it every mans wofull experience some onely excepted who have been gainers by it will easily assent unto No marvell therefore that many of those who if all they alledge for themselves that they were not the cause of it could be granted to be true might either have hindred or lessned it would now put the blame of so horrid a business from themselves and lay it upon any they can perswade to bear it And that the Conquerours who would bind their King in Chains and their Princes with Fetters of Iron and think they have a Commission from heaven to do it the guilt of it being necessarily either to be charged upon the Conquerours or Conquered are not willing to have their Triumphant Chairs and the glories as they are made believe that hang upon their shoulders defiled with it but do all they can to load their Captives with it But howsoever though the success and power of an Army hath frighted it so far out of question as to charge it upon the King and take away his life for it by making those that must of necessity be guilty of the fact if he should have been as in all reason he ought to have been acquitted of it the only Judges of him It may well become the judgement and conscience of every man that will be but either a good Subject or a Christian not to lend out his Soul and Salvation so much on trust as to take those that are parties and the most ignorant sort of mens words for it but enter into a most serious examination of the matter of Fact it selfe and by tracing out the foot-steps of Truth see what a conclusion may be drawn out of it In pursuance whereof for I hope the Originall of this Sea of Blood will not prove so unsearchable as the head of Nile we shall enquire first of all who raised the fears and jealousies Secondly represent and set down the truth of the matter of Fact and proceedings betwixt the King and Parliament from the tumultuous and seditious coming of the people to the Parlament and White-Hall untill the 25 of August 1642. when he set up his Standard at Nottingham and from the setting up of his Standard untill the 13 of September 1642. when the Parlament by their many Acts of Hostility and a Negative and Churlish answer to his propositions might well have put him out of hope of any good to be obtained from them by messages of peace sent unto them Thirdly whether a Prince or other Magistrate labouring to suppress or punish a rebellion of the People be tyed to those rules are necessary to the justifying of a War if it were made between equals Fourthly suppose the War to be made with a neighbour Prince or between equalls whether the King or Parlament were in the defensive or justifiable part of it Fifthly whether the Parlament in their pretended Magistracy have not taken lesser occasions to punish or provide against insurrections treasons and rebellions as they are pleased to call them Sixthly who most desired Peace and offered fairliest for it Seventhly who laboured to shorten the War and who to lengthen it Eightly whether the conditions proffered by the King would not have been more profitable for the People if they had been accepted and what the Kingdom and People have got instead of it CHAP. I. Who first of all Raised the Fears and Jealousies THe desiring of a guard for a Parlament because of a tale rather then a plot That the Earl of Crawford had a purpose to take away the Marquis of Hamiltons life in Scotland the refusing of a legall guard offered by the King and his Protestation to be as careful of their safety as the safety of his Wife and Children The dream of a Taylor lying in a ditch in Finsbury fields of this and the other good Lord and Common-wealths men to be taken away The trayning of Horses under ground and a plague plaister or rather a clout taken from a galled Horse back sent into the House of Commons to Mr. Pym. A design of the Inhabitants of Covent Garden to murther the City of London News from France Italy Spain and Denmark of Armies ready to come for England and a supposition or feaverish fancy that the King intended to introduce Popery alter
defence of the Parlament were according to Law and if any man should arrest or trouble any of them for it he is declared to be an enemy to the Common-wealth And when the King to quiet the Parlament 12. January 1641 was pleased to signifie that for the present he would wave his proceedings against the five Members and Kimbolton and assures the Parlament that upon all occasions he will be as carefull of their Priviledges as of his Life or his Crown Yet the next day after they Declared the Lord Digby's coming to Kingstone upon Thames but with a Coach and six horses in it to be in a Warlike manner and disturbance of the Common-wealth and take occasion thereupon to order the Sheriffs of all Counties in England and Wales with the assistance of the Justices of Peace and trayned bands of the severall Counties to suppress any unlawfull Assemblies and to secure the said Counties and all the Magazines in them 14 January 1641. The King by a second Message professeth to them he never had the least intention of violating the least priviledge of Parlament and in case any doubt of breach of Priviledges remain will be willing to clear that and assert those by any reasonable way his Parlament shall advise him to But the design must have been laid by or miscarried if that should have been taken for a satisfaction and therefore to make a quarrell which needed not they Order the morrow after a Charge and Impeachment to be made ready against Sir Edward Herbert the Kings Attorney Generall for bringing into the House of Peers the third of that instant January by the Kings direction a Charge or accusation against Kimbolton and the five Members c. In February 1641. Seize upon the Tower of London the great Magazine and Store-house of the Kingdom and set some of the train-bands of London commanded by Major Generall Skippon to guard it 1. March 1641. Petition for the Militia and tell him If he would not grant it they would settle and dispose of it without him And the morrow after resolved upon the Question That the Kingdom be forthwith put in a posture of defence in such a way as was already agreed upon by both Houses of Parlament and order the Earl of Northumberland Lord high-Admirall to Rig and send to Sea his Majesties Navy and notwithstanding that the King 4 March 1641. by his Letter directed to the Lord Keeper Littleton had signified that he would wholly desist from any proceedings against the five Members and Kimbolton Sir John Hotham a Member of the House of Commons who before the the King had accused the five Members and Kimbolton had by Order of Parliament seized upon the Town of Hull the only fortified place of strength in the Kingdom and made a Garison of it summoned and forced in many of the trayned Souldiers of the County of York to help him to guard it And the eight of March 1641. before the King could get to York it was voted That whatsoever the two Houses of Parliament should Vote or Declare to be Law the people were bound to obey And when not long after the King offered to go in person to suppress the Irish Rebellion That was Voted to be against the Law and an encouragement to the Rebells and they Declare that whosoever shall assist him in his voyage thither should be taken for an enemy to the Common-wealth And 15 of March 1641. Resolved upon the Question that the severall Commissions granted under the great Seal to the Lievtenants of severall Counties were illegall and void and that whosoever should execute any power over the Militia by colour of any such Commission without consent of both Houses of Parliament should be accounted a disturber of the Peace of the Kindom Aprill 1642. Sir John Hotham seizeth the Kings Magazine at Hull and when the King went with a small attendance to demand an entrance into the Town denies him though he had then no Order to do it Notwithstanding all which the 28 of April 1642. they Vote That what he had done was in obedience to the commands of both Houses of Parliament and that the Kings proclaiming him to be a Traytor was a high breach of priviledge of Parliament And Ordered all Sheriffs and Officers to assist their Committees sent down with those their Votes to Sir John Hotham In the mean time the Pulpits flame with seditious invectives against the King and incitements to rebellion and the people running headlong into it had all manner of countenance and encouragement unto it but those Ministers that preached obedience and sought to prevent it were sure to be imprisoned and put out of their places for it Sir Henry Ludlow could be heard to say in the House of Commons that the King was not worthy to Reign in England And Henry Martin That the Kingly Office was forfeitable and the happiness of the Kingdom did not depend upon him and his Progeny And though the King demanded Justice of them were neither punished nor put out of the House Nor so much as questioned or blamed for it The Militia the principall part of the Kings regality without which it was impossible either to be a King or to govern and the Sword which God had given him and his Ancestors for more then a thousand years together had enjoyed and none in the Barons wars nor any Rebellion of the Kingdom since the very being or essence of it durst ever heretofore presume to ask for must now be wrestled for and taken away from him The Commissions of Array being the old legall way by which the Kings of England had a power to raise and levy men for the defence of themselves and the Kingdom Voted to be illegall The passage at Sea defended against him and his Navy kept from him by the Earle of Warwick whilst the King all this while contenting himselfe to be meerly passive and only busying himself in givinganswers to some Parliament Messages and Declarations and to wooe and intreat them out of this distemper cannot be proved to have done any one action like a War or to have so much as an intention to do it unless they can make his demanding an entrance into Hull with about twenty of his Followers unarmed in his Company and undertaking to return and leave the Governor in possession of it to be otherwise then it ought to be 5. Of May 1642. The King being informed that Sir John Hotham sent out warrants to Constables to raise the trained bands of Yorkshire writes his letter to the Sheriff of that County to forbid the trained bands and commands them to repair to their dwelling houses 12 Of May 1642. Perceiving himselfe every where endangered and a most horrid Rebellion framing against him and Sir John Hotham so neer him at Hull as within a days journey of him he moves the County of York for a troop of Horse consisting of the prime Gentry of that County
to which On Sunday the 23. of October 1642. for they thought it better to rob God of his Sabbath than lose an opportunity of murthering their Soveraign the Earl of Essex and Parliament-Army powring in from all quarters of the Kingdom upon him had compassed him in on all sides and before the King could put his men in Battel-Array many of whom being young Country fellows had no better armes than clubs and staves in their hands cut out of the hedges and put his two young Sons the Prince of Wales and the Duke of York in the guard of a Troop of horse at the further end of the field and had finished a short prayer a bullet of the Earl of Essex's Cannon grazed at his heels as he was kneeling at his prayers on the side of a bank for Blague a villain in in the Kings Army having a great pension allowed him for it had given notice in what part of the field the King stood that they might the better know how to shoot at him But God having a greater care of his Anointed than of their Rebellious pretences so ordered the hands of those that fought for the King as the Earl of Essex was so loaden with Victories as he left five of his men for one of Kings dead behind him lost his Baggage and Artillery retired back to Warwick and left the King to bless God in the field where he supped with such victuals as the more loyal and better natur'd neighbours sent him when the worser sort refused to do it and lying there all night sent warrants out the next day to the neighbour Parishes to bury the dead drew off his Ordnance and marched to Banbury and yet he could not forget to pity those were at such paines and hazard the day before to murther Him but before he went out of the field sent Sir William Le●neve Clarencieux King of Armes to Warwick whither the Earl of Essex was fled with a Proclamation of pardon to all that would lay down armes 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 than ever if they sent them not more moneys and recruited the Earl of Essex his broken Army and to cosen 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 Marshall 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 the 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. II. Whether a Prince or other Magistrate labouring to suppress or punish a Rebellion of the People be tied to those rules are necessary for the justifying of a War if it were made between equals WAr was first brought in by necessity where the determining of controversies between two strange Princes of equal Power could not 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 borne against Rebels it is not to be called a War but an Exercise of Jurisdiction upon trayterous and dissoyal Persons 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 excercitus proinde nec ulla cum illis belli jura saith Besoldus The Romans who were so exact and curious in their publick 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 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 Rebels Pompey justifies tbe War maintained by the Senate against Caesar not then their Soveraign with neque enim vocari praelia justa decent c. Cicero did not think it convenient to send Ambassadors to Anthony nor intreat him by faire words but that it was meet to inforce him by arms to raise his siege from Mutina for he said They had not to do with Hambal an enemy to the Commonwealth 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 and Insurrection or Commotion were the best terms bestowed upon it such attempts are not called Wars but Robberies of which the Law taketh no other care of but to punish them 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 Sonne 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 Rich. 2. made to suppress Wat. Tiler H. 6. Jack Cade H. 8. Ket and the Norfolk Rebels and Queen Elizabeth to suppress the Earls of Northumber-land and Westmerland may tell us that they understood it no otherwise than all the Kings and Magistrates of the world have ever practised it by the Laws of England if Englishmen that are Traytors go into France and confederate with Altens 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 advice 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 worfer fellow-Subjects may be enough to turn the question out of doors But lest all this should not be thought sufficient to satisfie those 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 concerning this matter Moses who was the meekest Magistrate in the world and better acquainted with him that made the fifth Commandement than these that now pretend Revelations against it thought fit to suppress the rebellion of Corah Dathan and Abiram as soone as he could and for no greater offence than a desire to be coordinate with him procured them to be buried alive with all that appertained unto them When Absolom had rebelled against his father David and it was told him 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 Absolom or offering half or any part of his Kingdome to him sent three several Armies to pursue and give him battell When Sheba the sonne of Bichri blew a Trumpet and said We have no part in David every man to his tent O Israel and thereupon every man of Israel followed after him and forsook their King David who knew that Moses would not make a War upon the Amorites though he had Gods commandement for it without offers of peace and messengers sent first unto them said to Amasa Assemble me the men of Judah within three daies and when he tarried longer said unto him Take thou thy Lords Servants and pursue after him lest he get him fenced Cities and escape us For they that would take heed of Cocatrices have ever used to kill them in the shell And diligenti cuique Imperatori ac magistrains danda est opera saith Bodin ut non tam seditiones tollere quam praeoccupare student For sedition saith he once kindled like a span of fire blown by popular fury may sooner fire a whole City than be extinguished Et tales igitur pestes opprimere derepenté necess● est Princes and Soveraigns who are bound to protect and defend their Subjects are not to stand still and suffer one to oppress another and themselves to be undone by it afterwards But put the case the Parliament could have been called a Parliament when they had driven away the King which is the Head and Life of it or could have been said to have been two Houses of Parliament when there was not at that time above a third part of the House of Peers nor the half of the House of Commons remaining in them and what those few did in their abfence was either forced by a Faction of their own or a party of seditious Londoners for indeed the Warre rightly considered was not betwixt the Parliament and the King but a War made by a factious and seditious part of the Parliament against the King and the major part of the Parliament and had been as it never was nor could be by the Laws and Constitutions of the Kingdom coordinate and equal with the King and joint-tenan●● of the Kingdom it would have been necessary to make ● War as just as they could and to have done all that had been in order to it and therefore we hope they which pretend so much to the Justice of the Kingdom will not be offended to have the Justice of their Wars somthing examined CHAP. IV. Suppose the Warre to be made with a neighbour-Prince or between equals Whether the King or Parliament were in the defensive or justifyabie part of it PL●rique saith learned Grotius tres statuunt bellorum justas causas defensionem recuperationem punttionem For any defence the Parliament might pretend a necessity of The King neither assaulted them nor used any violence to them when they first of all granted out their Propositions and Commissions of War unIess they can turn their jealousies into a Creed and make the Kings demanding the five Members and Kimbolton being done by warrant of the Law of the Land and the Records and precedents of their own Houses appear to be an assaulting of them Or if any reasonable man knew but how to make that to be an assault or a necessary cause of War for them to revenge it the Kings waving and relinquishing of his charge afterwards against them might have certainly been enough to have taken away the cause of it if there had been any howsoever a War● made onely to revenge a bare demand or request of a thing and was neither so much as forced or a second time demanded of them but totally laid aside and retracted can never be accounted just As for the recovery of things lost or taken away The Parliament it self had nothing taken from them for both they and the people were so far from being loosers at that time by the King as the Remonstrance of the house of Commons made to the people 15. December 1641. of the Kings erroun as they please to call them in the government but indeed the errours rather of his Ministers and themselves also in busying him with brawles and quarrells and denying to give him fitting supplies mentions how much and how many benficeial Laws the King had granted them And so the Parliament and People being no loosers and the King never denying them any thing could in honour o● conscience be granted them That part of the justifying of a War will no way also belong to them But if the punishment for offences and injuries past if they could be so properly called being a third cause of justifying a War could be but imagined to be a cause to justifie the Parliaments war against the King Yet they were to remember another Rule or Law of War Ne nimis veteres causae accersentur That they do not pick quarrels by raking up past grievances that it be not propter leviusculas injurias or for trifles For when the King who if he had been no more then coordinate with them had called them to Councell to to advise him followed their advice in every thing he could find any reason for taken away all grievances made a large provision to prevent them for the future by granting the Trienniall Parliament and so large an amends for every thing they could but tell how to complain of there was so little left to the
Authority to punish it is now written in the blood of the King and those many iterated complaints of the King in severall 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 suspition and every man may now know the meaning of their Canoneers levelling at the King with perspective glasses at Copredy bridge the acquitting of Pym the Inn-keeper who said He would wash his Hands in the Kings hearts-blood stifling of fifteen or sixteen severall indictments for treasonable words Rolf rewarded for his purpose to kil him and the prosecutors checked 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 Quod primum fuit in intentione ultimo loco agitur Seaven years hypocritical Promises practices 7. years Pretences and seven years preaching and pratling have now brought us all to this conclusion as wel as Confusion The blood of old England is let out bygreater witch-craft 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 devouted and the Trees have made the Bramble King and are like to speed as wel with it as the Frogs did with the Storke that devoured them And they have not onely slain the King who was their Father but like Nero rip 't 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 murthered an action so horrid and a sin of so great a magnitude and complication as if we shall ask the daies that are past and enquire from the one end of the Earth to the other there will not be found any wickednesse like to this great wickedness or hath been heard like it The Severn Thames Trent and Humbar four of the greatest Rivers of the Kingdome with all their lesser running streams of the Island in their continuall courses and those huge heaps of waterin the Ocean girdle of it in their Restlesse agitations will never be able to scoure and wash away the guilt and stain of it though all the rain which the clouds shal ever bring forth and impart to this Nation and the tears of those that bewail the losse of a King of so eminent graces and perfections bee added to it Quis cladem illius diei quis funera fando Explicet aut possit lachrymis aequare dolores Gens antiqua ruit multos dominata per Annos AN EXACT LIST OF The Names of those pretended Judges who sate and sentenced our late SOVERAIGNE KING CHARLES the First in the place which they called the High Court of Justice Jan. 27. 1648. And also of those thirty five Witnesses Sworn against the said KING The Sentence read against him With the Catalogue of the Names of those that Subscribed and Sealed the Warrant for his Execution And the manner of his Cruel MVRDER London Printed by Henry Bell and are to be sold by most Book-sellors 1660. The Names of the pretended Judges who gave Sentence against the late King January 27. 1648. LXXII in Number IOhn Bradshaw Lord President Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Walton Thomas Harrison Edward Whaley Thomas Pride Isaac Ewer Lord Grey of Grooby William Lord Mounson Sir John Danvers Sir Thomas Maleverer Sir John Bourcher Isaac Pennington Henry Martin William Purifoye John Barkstead M●●thew Tomlinson John Blakeston Gilbert Millington Thomas Chaloner Sir William Constable Edmund Ludlow John Hutchison Sir Michael Livesey Robert Tichburne Owen Roe Robert Lilburne Adrian Scroop Richard Dean John Okey John Harrison John Hewson William Goffe Cornelius Holland John Carew John Jones Thomas Lister Peregrine Pelham Thomas Wogan Francis Alleu Daniel Blagrave John Moor. William Say Francis Lascels John Chaloner Gregory Clement Sir Gregory Norton John Venn Thomas Andrews Anthony Stapley Thomas Horton John Lisle John Browne John Dixwell Miles Corbett Simon Meyne John Alured Henry Smith Humphrey Edwards John Frye Edmund Harvey Thomas Scot. William Cawley John Downes Thomas Hammond Vincent Potter Augustine Garland Charles Fleetwood John Temple Thomas Wayte Counsellors assistant to this Court and to draw up the Charge against the KING were Dr. Dorislaus Serjeant Danby Serjeant at Arms. Mr. Aske     Mr. John Cook Solicitor Mr. Broughton Clerkes to the Court. Mr. Phelpes Colonel Humphrey Sword-bearer Messengers Door-keepers and Criers were these Mr. Walford Mr. Radley Mr. Paine Mr. Powell Mr. Hull Mr. King The Sentence against the said King Jan. 27 1648. which was read by Mr. Broughton aforesaid Clerk WHereas the Commons of England in Parliament have appointed them an High Court of Justice for the Trial of Charles Stuart King of England before whom he had been three times convented and at the first time a Charge of High Treason and other Crimes and Misdemeanors was read in the behalfe of the Kingdome of England c. as in the Charge which was read throughout To which Charge he the said Charles Stuart was required to give his Answer but he refused so to do and so expres● several passages at his Trial in refusing to answer For all which Treasons and Crimes this Court doth adjudge That the said Charles Stuart as a Tyrant Traytor Murderer and publick Enemy shall be put to death by severing his head from his body This Sentence says the President now read and published is the Act Sentence Judgement and Resolution of the whole Court. To which the Members of the Court stood up and assented to what he said by holding up their hands The King offered to speak but he was instantly commanded to be taken away and the court broke up The Names of thirty five Witnesses produced and Sworn in the said pretended Court to give Evidence against the King Henry Hartford of Stratford upon Avon in Com. Warwick Edward Roberts of Bishops Castle in Com. Salop Ironmonger Will. Baines of Wrixhall in Com. Salop. Robert Lacie of Nottingham Painter Robert Loads of Cottam in Com. Nottingham Tyler Samuel Morgan of Wellington in Com. Salop Feltmaker James Williams of Rosse in Com. Hartford Shoomaker Richard Pots of Sharpreton in Com. Northumberland Vintner Giles Grice of Wellington in Com. Salop Gent. William Arnop of John Hudson of John Winston of Dornotham in Com. Wilts George Seeley of London Cordwainer John Moor of Cork in Ireland Gent. Thomas Ives of Boyset in Com. Northampton Husbandman James Cresby of Dublin in Ireland Barber Thomas Rawlins of Hanslop in Com. Buck. Gent. Richard Bloomfeild of London Weaver John Thomas of Langallan in Com. Donbigh William Lawson of Nottingham Maulster John Pinegar of
Damer in Com. Darby Shoomaker Humphrey Browne of Whitsundine in Com. Rutland Yeoman David Evans of Abergeveny in Com. Monmouth Smith Robert Holmes of Robert Williams of Samuel Woorden of Lineham in Com. Wilts Gent. Thomas Read of Maidstone in Com. Kent Gent. George Cornwall of Aston in Com. He. reford Forgeman William Jones of Uske in Com. Monmouth Husbandman Arthur Young Citizen and Barber-Chirurgion of London Diogenes Edwards of Carston in Com. Salop Butcher John Bennet of Harwood in Com. Ebor. Glover William Cutbert of Patrington in Holderness in Com Ebor. Gent. Richard Price of London Serivener Henry Gouch of Grays-Inn Gent. The true manner of proceeding to take off the Kings Head according to the Sentence given as aforesaid SIr Hardress Waller Colonel Harrison Commissary General Ireton Colonel Dean and Colonel Okey were appointed to consider of the Time and Place for the Execution of the King according to his Sentence given by the pretended High Court of Justice Painted-Chamber Monday January the 29th 1648. UPon Report made from the Committee for considering of the Time and Place of the Executing of the Judgment against the King that the said Committee have Resolved That the open street before Whitehal is a fitting place And the said Committee conceive it fit That the King be there executed the cuorrow the King having already notice thereof The Court approved thereof and ordered a Warrant to be drawn to that purpose which Warrant was accordingly drawn and agreed to and Ordered to be ingrossed which was done and signed and sealed accordingly as followeth At the High Court of Justice for the Trying and Judging Charles Stuart King of England Jan. 29. 1648. VVHereas Charles Siuart king of England is and standeth Convicted Attainted and Condemned of High Treason and other Crimes and Sentence on Saturday last was pronounced against him by this Court to be put to Death by the severing his head from his body of which Sentence Execution yet remaineth to be done These are therefore to will and require you to see the said Sentence Executed in the open street before White-hall upon the morrow being the 30. day of this instant Moneth of January between the hours of Ten in the morning and Five in the afternoon of the same day with full ef fect and for so doing this shall be your sufficient Warrant and these are to require all Officers and Soldiers and other the good People of England to bee assistant unto you in this service Given under our hands and Seals To Colonel Francis Hacker Col. Huncks and Lievtenant Colonel Phray and to every of them Sealed and Subscribed by John Bradshaw President Thomas Gray Oliver Cromwell Edward Whaley John Okey John Danvers Mich. Livesey John Bourcher Henry Ireton Tho. Maleverer Jo. Blackston Jo. Hutchison William Goffe Tho. Pride Henry Smith Vincent Potter William Constable Rich. Ingoldsby William Cawley John Barkstead Isaac Ewer Val. Walton Peter Temple Tho. Harrison Joh. Hewson Pet. Pelham Richard Dean Robert Titchburn Hump. Edwards Dan. Blagrave Owen Roe Will. Purifoye Adrian Scroop James Temple Aug. Garland Edmon Ludlow Hen. Martin Jo. Alured Robert Lilburn Will. Say Anthony Stapley Gregory Norton Tho. Chaloner Tho Wogan Simon Meyne Tho. Horton Jo. Jones Jo. Moore Hadress Waller Gilbert Millington Ch. Fleetwood Jo. Venn Greg. Clement Jo Downs Tho. Wait. Tho Scot. John Carew Miles Corbet In all Fifty eight Ordered That the Scaffold on which the King is to be executed be covered with black The warrant for executing the King being accordingly delivered to those parties to whom the same was directed Execution was done upon him according to the Tenour thereof about two of the clock in the afternoon of the said 30th of January 1648. The fatall day of the said Execution being Tuesday January the 30. 1648. HIs Majesty continued in prayer all the morning and receive the Sacrament just at Ten of the Clock before noon he was conveyed on foot from St. James's Palace to Whitehall guarded by a Regiment of foot Souldiers part before part behind with Colours flying and Drums beating his private guard of Partizans about him and Dr. Juxon Bishop of London next to him on one side and Colonell Tomlinson on the other being come to Whitehall he continued in his Cabinet Chamber at his devotions refusing to dine only about 12 a clock he eat a bit of bread and drank a glasse of Claret Wine from thence he was conveyed into the Banquetting house and the great window inlarged out of which he ascends the Scaffold the rails being hung round and the floor covered with black His Executioners disguised with Vizards yet was his Majesty not affrighted He shewed more care of the people living then of himself dying for looking upon the people whom the thick guards of Souldiers kept a great distance off and seeing he could not be heard by them omitting probably what hee purposed to have spoken to them therefore turning to the Officers and actors by him he delivered himself in a short but excellent Speech which being ended he meekly went to prayers and after some heavenly discourse between him and the Bishop having prepared himself he lifted up his eyes to heaven mildly praying to himself he stooped down to the block as to a prayer-desk most humbly bowed his generous Neck to God to be cut off by the Vizarded Executioner which was suddainly done at one blow Thus fell King Charles and thus all Britian with him A SHORT HISTORY OF His Royall Majesty our most Gracious SOVERAIGN Charles the Second KING of England Scotland France and Ireland Defender of the Faith c. Third Monarch of Great Brittain London Printed by Henry Bell and are to be sold by most Book-sellers 1660. A Short HISTORY OF His Royall Majesty King CHARLES the Second c HAving I hope sufficiently cleared his late Royall majesty from that execrable sin of blood-guiltinesse to every one that is not wilfully blind I shall now crave leave to give the Reader a short account of the Life and hitherto sorrowfull Raign of our most Gracious and Dread Soveraign Charles the Second King of England Scotland France and Ireland Defende●● of the Faith c. No sooner was this mighty Prince barbarously butchered before his own doors to the astonishment and griefe of the greatest part of his Subjects throughout his Dominions And the three Lords Hamilton Capel and Holland which had taken up Arms in his late Majesties defence but now Monarchy the darling of the people together with the House of Peers is voted chargeable unnecessary and useless and the Government changed into a Free State neither did this mutation happen for want of such as by a lineall discent and according to the usage of this Nation might pretend a Title to the Crown for there was a plentifull issue of his late Majesty both male and female then surviving but from the aspiring greatness of some who had wrested the power into their own hands to this end it was
miseries of a civil War but all endeavours proved in effectuall for the French King persisted in his resolutions not to give way to the banishment of the Cardinal hereupon the Duke of Lorraine was sent for with his Army to come and joyn with the Princes the Duke having been tampered with by the contrary party and having advantageous termes desisted hereupon a● generall report was spread that his Majesty of England had drawn over the Duke to the Kings party because they were often together this coming to the peoples ears so incensed them not onely against the Duke for his perfidiousness But also against his Majesty and the Queen his mother the fury of the people increased so much that the King was forced for his own preservation to retire from the Louver to St Jermans the Queen his mother received many affronts as she passedin her Coach from the Louver to the Nunnery at Chaliot where she kept her Refidence his Majesty now treateth with Lorraine for the recovery of his kingdom of Ireland out of the hand of the English Republick to this end several Articles are agreed unto by the Lord Taffe agent for the King and the Duke amongst other things it was concluded that the Duke should be vested with the power and title of Protector Royall of Ireland But the Duke having not strength enough for this great enterprise this businesse takes no effect his Majesty having stayed at Saint Jermans till the heat of the popular fury was over returned again to the Louvre During his abode there his ilustrious Brother the Duke of Glocester who for a long time had bin under the custody of the English Juncto and at length dismissed and sent into Holland to his sister was from thence attended into France by Sir Marmaduke Langdale and Sir Richard Grenvile and he was honorably received at Paris by the French King Queen-Mother and the rest of the Grandee during his Majesties abode here arrived Mrs. Jane Lane who had so miraculously preserved the King after the fight at Worcester he being exceedingly glad to hear this news immediately sends some persons of quality with Coaches to conduct her to Paris where being come they rejoyce in each others presence let us now a little cast our eyes into England where Cromwell and the Council at White-Hall having usurped the Regall authority carry all by force before them about the latter end of February several persons of quality are carried to the Tower for being Loyal to his Majesty but because nothing of moment could be proved against them they are set at liberty Cromwell being desirous to strengthen himself in the Tyrannical Reigning over his Majesties subjects bethinks himself of making peace with forein States and Princes to that end presently patches up a very disadvantageous peace with the Dutch presently after concludes a peace also with Christina Queen of Sweden a a little before the resignation of her Crown to her Couzen Carolus Gustavus In May following several persons are charged with high Treason for endeavouring to take away the Protectors life seize upon the Tower and proclaim his Majesty King of Great Brittain a High Court of Justice is erected Col. Gerard Peter Vowel School-master and Somerset Fox are condemned to die the last is reprieved for his ample confessions Col. Gerrard was beheaded at Tower hill and Vowel hanged at Charing-Cross on the same day Don Pantalaon Sa Brother to the Portugal Ambassadour was beheaded for engaging in a quarrel on the New Exchange where one Mr. Greneway was slain His Sacred Majesty having now remained in the Court of France about two or three years sometimes being lifted up high with hopes of regaining his three kingdoms other times being cast down with fears sollicitates the States of Holland again to own his Royall interest but they having made a peace with Oliver onely complement him with a letter full of civility and now that which troubled his Majesty most was this the French Court notwithstanding all means used to the contrary by the King of England his mother and other friends prepare to send over an Ambassadour into England hereupon his sacred yet still suffering Majesty leaves that kingdom having taken his farewell of the King and other great ones from whom he received many Complements and Apologies being accompanied with his brother the Duke of York his Couzens Prince Rubert and Prince Edward Palatine to Chatilion a house belonging to the Prince of Conde where they stayed a while to confider how to dispose of themselves to th' best advantage his Majesty with Prince Rupert resolves for Germany having before sent the Lord Wilmot before Ambassadour to the Emperor to negotiate in his behalf Prince Edward took his journey to Burbone the Duke of York remaining in France till after the peace with England is concluded being Lieutenant General of the French Army the young Duke of Glooester after his Brother was gone into Germany by reason of the Queen his Mother and some others of the Catholique Religion was placed in the Colledge of the Jesuits there to have been bred up in the Romish Religion Intelligence thereof being soon brought to his Majesty he being not a little displeased soon takes order for his remove which was exactly performed Oliver according to one Article in his Government called a Parliament to meet at Westminster Sept. 3. 1654. William Lenthal master of the Roll being chosen Speaker at their first sitting they begin to question the lawfulness of the power by which they were called this highly Offended Oliver Protector and made him resolve to put a Period to their sitting so when they had sat about 5 mouths he dissolved them soon after the dissolution of the Parliament the Court was allarmed with news of a great rising in Shropshire Montgomryshire Wiltshire Nottinghamshire Northumberland and Yorkshire in the behalf of his Royal Majesty Sir Henry Littleton Sir John Packington and Major Wildman are secured and sent Prisoners to the Tower Sunday 11. March a Party about 200. enter Salisbury seize upon Horses take away Commissions from the Judges as they were going there circuit and march towards Cornwal they are met with by Captain Vnton Crook and after a sharp dispute totally routed their chief Captains were taken viz. Penruddock Jones and Grove Sir Joseph Wagstaffe made a shift to escape shortly after Penruddock and Grove were beheaded at Exon and Jones was repreived several other risings in other parts of this Kingdom but were all suppressed and now Cromwel prepares a very great Fleet but for what end none knew but some principal Commanders In the mean time the King of Spain sends over as Extraordinary Ambassador the Marquis of Leda who was here conplemented by our new Court but finding which way things went after a short stay returns to his own Country presently after his departure this great Fleet steer there course towards Hispaniola one of the fairest Islands belonging to the American Dominions of the King of Spain at
came over and submitted to their good pleasure And now the cunning Rump the better that they might secure themselfs take into their own hands the absolute command of the whole Army cons●stituting the Speaker General in the name of the Parliament appointing the several Officers to receive now Comissions from them and now the foundations of government being thus overturn'd there appeared a generall discontent throughout the whole Kingdome in the end a Secret combination was laid for a generall rising in all Counties Sir George Booth in Cheshire and Middleton in Shropshlre raised a considerable Army in the defence of King and Parliament Other Counties failing to come into their assistance Sir George Booth and his party are totally routed by Lambert himselfe taken in a disguised ●abit and was sent Prisoner to the Tower of London This successe revived his antient credit with the Army and now he begins to plot their destruction whose lately had taken him into favour and that he might the better bring about his own ambitious designes 13 October 1659. he forced them to a dissolution 〈◊〉 keeping their Speaker and the rest of their Members from the House Thus was those once flourishing Kingdomes ●urried into changes of Government and A●archi●●●● confusions by mean persons who only studied to advance their own base ends and interests Fleetwood and Lambert and the rest of the Officers of the Army have now the sole authority of the Nations and because they have the longest Sword make their wil their Law but a little to satisfie the people that they might think themselvs not under the power of the sword these Officers chose a certain number of choice persons fit for their own turn to whom they give full authority over the people and Christen them a Committee of Safety This Goverment is the scorn and derision of the whole Nation and now though the Rump had hung its tail betwixt it's legs for about 3. months In December it began to wag it while the safety of the Committee of Safety was marched into the North under its Father Lambert the churlish Rump stole into the House again by night seven times a Devil worse then before where now they ride triumphant make wh●● Laws they list send their J●●●●ary 〈◊〉 coats into the City take away the Citizens money pretending it was gathered for the King they fill the prisons about London with those persons that are for a full and a free Parliament But yet the eyes of all the good are fixed upon our renowned Generall Monck who is ordered to march up to London with what force he thinks fit in the way he was courted with addresses from the Gentry in every County Being come to Lond. he was received with much joy now instead of being their Moses to deliver them from their Egyptian bondage he was suspected to be worse then Pharaoh himself On Thursday Feb. 9. 1659. by Commandment from the Rump he enters the City with his whole Army imprisons many of the Common Counsell Diggs up their posts breaks down the Gates of the City and none dares open their mouth This being done Saturday 11 of February 1659. a day never to be forgotten The Noble Generall enters the City with his Army refusing to obey the Rumps Command and shortly after admitts the Secluded Members of the House of Commons which were kept out by the Army 1648 Those Gentlemen take their places provide for the safety of the Nation and at last disolve themselves Issue out Writs for a free and full Parliament to meet at Westminster Aprill 25. 1660 But to return to his Majestie in Flanders of whose Itineracy life I have given you some small account already May the first the Parliament consisting of Lords and Commons in their Coachs assisted with divers Noblemen Gentlemen Citizens Souldiers c. Proclaimed his Sacred Majesty King of England Scotland and Ireland Defendor of the Faith at Westminister and London in great pomp and solemnity this being done they send Commissioners to his Royal Majesty then at Breda to acquaint his Majesty what his Parliament in E●g had done entreating his Majesty to make what hast conveniently he can to his Parliament the City of London also send their Commissioners to wait on his Majesty The Ministers also of London send their Deputies to congratulate him his Majesty conferred the honour of Knight hood on the Citizens with the Lord Gerrards Sword The States General during his Majesties abode with them entertained him with as great expressions of joy as it he had been theirs not Englands Soveraign they had several times audience of his Majesty who delivered themselves in French and his Majesty answered them in the same language The States of Holland supped bare with his Majesty where they supped his Majesty sat at the upper end of the Table the Queen of Bohemia on the right hand the Princess Royal on the left the Duke of York at the right hand of the side of the Table the Duke of Glocester at the left hand and next him the Prince of Orange one of the Courses was served up all in Gold which was afterward presented to his Majesty valued at 60000. l. they also gave him a Bed which cost 7000 l. and Table linnen to the value of 1000. and 600000. Guldens the Illustrious Duke of York as high Admiral of England gives order to the Fleet for his Majesties Reception and Transportation of his retinue His Sacred Majesty the Queen of Bohemia the Princess Royal the most Illustrious Duke of York and Duke of Glocester and Prince of Orange went aboard General Montague in the good ship formerly called the Naseby but now christened by his Majesty the Royal Charles Where after Re-past the Queen of Bohemia the Princess Royal and the Prince of Orange having taken leave of his Majesty they set sail for England the Duke of York in the Lond. the Duke of Glocester in the James Not long after they arrived at Dover where he was received with great demonstrations of joy the General so soon as ever he saw his Majesty fell on his knees but his Majesty taking him up and kissing him and embracing him all parties were well satisfied His Majesty put on the George on his Excellency the Lord General Monck the Duke of York and Glocester put on his Garter he also made him one of the Lords of his honourable Privy Councel and Master of his Horse On Tuesday May 29. 1660. being the same day of the week on which his Royal Father was murdered and the same day of the month on which he was born being just 30. years age the same day it also pleased God to bring him in peace to the enjoyment of his Crown and Dignities Never was any Prince received with more Triumphs All the streets being richly hanged with Tapestry and a lane made by the Militia Forces to London Bridge from London Bridge to Temple Bar by the Trained bands on the one side and the several Companies in their Liveryes and the streamers of each Company on the other side in their Railes from Temple Barr to Westminster by the Militia forces and Regiments of the Army Thus was his Majesty conducted to his Royal Pallace at Whitehal the solemnity of the day was concluded with infinite of Bonfires among the rest a very costly one was made in Westminster where the Effiges of old Oliver Cromwel that grand Traytor was set upon a high post with the Arms of the Commonwealth which having been exposed a while to publick view with Torches lighted that every one might the better take notice of them were at last burnt together And thus having traced his most Sacred Majesty even from his lowest condition through all his sufferings persecutions We shall now leave him invested with his Royal Crown and Dignity and pray long may his Majesty live a support to his friends a Terrour to his Enemies an Honour to his Nation an Example to Kings of Piety Justice Prudence and Power that this Prophetical saying may be verifyed in his Majesty King Charles the II. shall be greater then ever was the greatest of that Name God save the King FINIS Camden Annalls Eliz. 99. 103. Ibidem p. 391. 394. 395. Vide the vote in M. Vicars Book entituled God in the moun p. 78 Collect. of Parl. and Decl. and Kings Mes and Decl. p. 50. Ibid. 51. Ibid. 52. Ibid. 53. Ibid. 77. 78. Vide the Petition of some Holderness men to the King 6. July 164● Ibid. 153. Ibm. 169. 170. Collect. Par. Decl. 183 Ibm. 29. Ibidem p. 297. 298 Ibid. 301. Ibid. 305. Collect. of Par. Mes and Dec. 370. 370. Ibm. 346. 348. Ibid. 349. 350. Ibid. 350. Ibid. 356. 357. Collect. Par. Decl. 373. 374. Ibid. 376. Ibid. 442. Ibid. 449. Ibid. 450. Ibid. 453. Ibid. 459. Ibid. 452. Ibid. 457. Ibid. 457. Ibid. 465. 483. Ihm. 614. Alber. Gentil 223. Besoldus in dissert de ●ure Belli 77 78. Lib. Alber. 23. Lucan li. 2. Cicero Phi● lipic 5. 2 Sam 15. 2 Sam. 20. Bodm page 736. H. Grotius de jure pa●is belli Collect. of MessR ● mon st and Declar. 15. Iom 45. c. Besoldus in dissert philolog p. 58. Besoldus dissert p●î log pa 88. Can. quid culpatur 23. Da. D. Bocer de b●ll● cap. 5. Besoldus de juribus Majestati cap. 6. 7 Edw. 1. Besoldus Ibid. 95. Du. picart observat decad 10. colle 2. Facius axiom bell 10. Cic. 1. de offic Jov. lib. 1. Polidor 13. 20. Albericus Gentilis Cap. 3. Jerom. Ep. 47. Cicero pro Milone Baldus 3. consid 485 confid 3 Alberic Genti lib. 1. Dec. 25. Bald. 5. Cons pa. 439. Gen. 14. Judg. 20. 1 Sam. 30. 2 Sam. 6. 1 Reg. 20 1 Macc. 3. v. 43. 8 June 1644. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Cap. 28. History of the Marque Montrosse his actions in Scotland Weavers Funcral Monu ments pag. 605. The government of the Kindoms ● changed K. Proclain Ireland Marquess of Ormonds Army defeated be Siege of Lon. -Derry raised by Sir Charles Coot Crom-lands with an Army in Ireland Prince Ruperts fleet blockt up at Kings sale Sentence in Parliament Treaty concluded Preparat for his Maj. His Maje proclaimed K. Edinbur Cross Edinburgh Castle sur to the E●gl * Whereof but three suffered
consult or advise with the King for the defence of Him and his Kingdome or that when Felony and breach of Peace are excepted out of their priviledge Treason that is of a far higher nature consequence and punishment should be allowed them or if there could have been any such priviledge and a meaner man than their Soveraign had broke it a small understanding may inform them they could not without breach of the Peace have fought for it against a fellow-subject and then also could not their priviledges have reached to it but the King might have punished them for it and if they cannot upon a breach of priviledge as it was adjudged in Halls case without the Kings Writ and the cause first certified in Chancery deliver one of their own setvants arrested It is not likely any warrant can be found in Law to inforce the King to reparation though he himself should have broken it but to petition the King for an allowance of that or any other priviledge as well in the middle as any other time of their sitting in Parliament as they alwayes doe at the presenting of their Speaker in the beginning of it Wherefore certainly the people never gave the Parliament Commission if they could have given a Commission to make a War against their Soveraign to claim that was never due to them or to fight for that was never yet fought for by any of their Fore-fathers nor ever understood to be taken from them much less for their ayrie innovated pretences rather than priviledges which have since eaten up all the peoples Lawes and Liberties as well as a good part of their lives and estates with it and are now become to be every thing their Representatives will and and arbitrary power have a mind to make it who have so driven away their old legal priviledges by setting up illegal and fantastick kind of Priviledges as they are pleased to call them instead of them as there is nothing left of the Parliament like a Parliament neither matter nor form nor any thing at all remaining of it For the upper and lower Houses have driven away and fought against the King who was their Head the the lower after that have driven away the upper and 45. of the House of Commons whereof eleven are great Officers and Commanders of the Army have after that imprisoned and driven away four hundred of their fellow-members And from degenerate and distemperate piece of a Parliament brought themselves to be but a representative or journey-men-voters to a Councel of their own mercenary and mechanick Army and may sit another eight yeares before ever they shall be able to find a reason to satisfie any man is not a fool or a mad man or a fellow-sharer in the spoiles of an abused and deluded Nation Why the Kings demanding of the five Members and Kimbolton by undeniable warrant of the land and the Records and precedents of their own houses upon a charge or accusation of Treason for endeavouring amongst 〈◊〉 other pieces of Treason to alter the Government and subvert the fundamental Lawes of the Kingdome which the Parliament and they themselves that were accused have more than once declared to be Treason should be taken to be so great a breach of priviledge in the King their Soveraign when the forcing and over a wing the Houses of Parliament by the Army their servants and hirelings demanding the eleven Members and imprisoning and banishing some of them upon imaginary and fantastical offences committed against themselves or they could not tell whom shall be reckoned to be no breach at all of priviledge and the forcing of the Houses by the same Army within a year afterwards by setting guards upon them violently pulling two of the Members of the House of Commons out of the House and imprisoning them and 39 more of their fellow-members all night in an Alehouse and leading them afterwards to several prisons with guards set upon them as if they had been common malefactors can be called mercies and deliverances and a purging and taking away rotten Members out of the House of Commons But now that we can find nothing to make a defensive or lawful nor so much as a necessary War on the Parliaments part for causa belli saith Besoldus correspondere debet damno periculo the Parliament feares and jealousies were not of weight enough to put the people into a misery far beyond the utmost of what their feares and jealousies to them did amount unto we shall do well to examine by the rules and laws of War and Nations the ways and means they used in it Injustum censetur bellum si non ejus penes quem est Majestas authoritate moveatur a war cannot be just if it be not made by a lawful authority Armorum delatio prohibitio ad Principem spectat It belongs to the Prince to raise or forbid Arms and the Records of the Parliament which we take to be a better sense of the House then their own purposes can inform them that the Prelates Earls Barons and Commonalty of the Realm did in the seventh year of the reign of King Edw. the First declare to the King That it belongeth and his part is through His Royal Signorie streightly to defend force of Armour and of Armour and all other force against his Peace when it shall please him and to punish them which shall do the contrary according to the Laws and usages of the Realm and that thereunto they were bound to aid their Soveraign Lord the King at all seasons when need shall be How much ado then will they have to make a War against their Soveraign to bee Lawfull or if by any Warrant of Laws Divine or Humane they could but tell how to absolve themselvs from their oaths of Supremacy Allegiance and their very many protestations and acknowledgements of Subjection to the King find a Supream authority to be in the People at the same time they not only stiled themselves but all those they represented to be his Subjects Or how will they bee able to produce a warrant from the People their now pretended Soveraigns till they shall be able sufficiently to enslave them to authorize them to make a War to undo them when they elected them but to consent to such things as should be treated of by the King and his Kingdom Or how could a tenth part of the people give warrant to them to fight against the King and the other nine parts of the people Or can that bee a good warrant when some of them were cheated and the other by plunderings and sequestrations forced to yield to it Or could the pretence of a War for defence of the Kings person and to maintain the Religion Laws and Liberties of the people be a warrant to the Parliament which never sought any for the King and People but to take away the Soveraignty from the one and the Liberties of the other to do every thing was
contrary unto it But if that could have legitimated their actions as it never did or will be able There is a two fold rule of Justice in the practise of War and Nations si bellum geratur sine denuncaitione in captivos tanquam latrones animadverti possit It is a thievery rather than a War not denounce or give notice of it before-hand and in that also the Parliament was faulty for they took Hull and Portsmouth and the Kings Navy and Magazine from him when hee hoped better things of them and sent out their Armies and the Earl of Essex against him whilst he was in treaty with them and offered all that he could to have a peace with them Bellum item impium injustumque sit si modus debitus non observetur A War is unjust if there be not a due way of proceedings held in it which especially consisteth in not hurting the innocent women and Children and in this also they will fall short of an excuse For how full is every Town and Village of the Truth as well as the complaints of the unchristian usage of old and sick people Women and Children beaten wounded or killed upon no provocation Women and Maids ravished and their fingers cut off for their rings Old Best of Canterbury hanged up by the privities others tortured and had burning matches tyed to their fingers to make them confess where their mony was Women and Children sick and aged Persons starved for want of the sustenance they had taken from them Husbandmen had their corn and hay spoiled in the field and the barn their sheep cattle and provisions devoured houses ruined or burnt their horses that should help to plough and do other works of Husbandry taken away in so much as some were inforced to blind and put out their horses eyes that they might not be taken from them Churches that escaped defacing prophaned and made Stables or Goals or Victualling or Bawdy houses Monuments defaced and Sepulchers opened as were those of the Saxon Kings at Winchester and the priests and Ministers not so much as suffered to weep betwixt the Porch and the Altar but their benesices and livelyhood taken from them by Wolves put in the Shepherds places had their Books burned and all their means and maintenance plundred from them and those that were neutralls and m●dled on neither side but lived as quietly as they could either totally undone or cast in prison not for that they did them no hurt but because they might do it and if they were not imprisoned their Lands money or goods were sure to be in the fault and taken away from them Ut bellum illaesa conscientia geratur necesse est ut adsit intentio bena there ought to bee a good intention to make the War conscionable which in this appears to fail also For the Charge against the five members is now as true as it was then they meant to ruine the King and they have done it and to alter the Government and subvert the Religion Laws and Liberties and they have done a great part of it and as fast as they can are pulling down the remainder Quaerere debemus victoriam rationibus honestis ne salutem quidem turpibus We ought to pursue victory and the just ends of War by honest and lawfull means and not to do foul and dishonest things to procure our safety from the latter of which the mad fears and jealousies which the Parliament made use to usher in their pretences their fayning of Victories and scandaling the King and his actions not to insist upon their buying the Kings servants and secrets Battells Towns and Garrisons and making too many Judases of all that were about him will hardly be able to free them or if they could the making use of men and money intended for the support of Ireland and leaving them wallowing in their blood for seven years together whilst they were ruining their King that would have helped them violating of their oaths of allegiance and Supremacy which many of their Members had taken six or seven times over breaking their oaths taken in their protestation and Nationall Covenant and not so few at one hundred solemne promises and undertakings in their severall Petitions Remonstrances and Declarations forcing the People to take the Protestation and Covenant and compell them as soon as they had taken it to break them and by cozening and forcing them into Rebellions and perjuries cheat them out of their Religion Loyalty Laws and Liberties will without very good advocates be sure enough to condemn them and if the great Turk carrying the Covenant which Ladislaus the unfortunate King of Hungary was perswaded to break with him as an ensign of publick detestation in the battell wherein he sl●w him invoked the God of the Christians to help him to revenge so great a treachery there will be more reason now for all that are but Christians or but pretend to any morality ●o carry in their banner the Po●rtract of the Kings bleeding Head as it was cut from his shoulders and make War in revenge of the Master piece and totum aggregatum of all manner of wickedness and perfidiousness who besides all their own and the Peoples oaths taken to defend him when those they called Deliuquents some few onely which were specially named and excepted for obeying the known Laws of the Land as well as their oaths and consciences were never questioned for their lives but suffered to compound for their Estates would not suffer the King that was neither a Delinquent or excepted Person to enjoy either his Life or Estate though to save his people and keep them from killing one another he yielded himself became a Prisoner upon the publick faith of the Kingdoms of England and Scotland Paxaequa non est recusanda Licet victoriae spes adsit saith Besoldus A good or fitting Peace is not to be refused though the victory were certain And in this also the Parliament will be as far to seek for a justification as in the other For instead of offering any thing which was likely to bring it they caused men and women in the first year of their Warre to be killed because they did but petition them to accept of a peace and in the third and fourth year of their War plundered and robbed others that petitioned them but to hearken to it and put out of office and made all as De●●linquents in the seventh year of the Warre that did but petîtion them for a Treaty with the King and refused all the Kings many very many Messages for peace not onely when he was at the highest of his successe in the War but when he was at the lowest and a Prisoner to them and conjured them as they would answer at the dreadfull day of Judgement to pitty the bleeding conditions of his Kingdomes and People and send propositions of Peace unto him quarters and half years and more then a whole year together after the