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A34423 King Charls, his case, or, An appeal to all rational men concerning his tryal at the High Court of Justice : being for the most part that which was intended to have been delivered at the bar, if the king had pleaded to the charge, and put himself upon a fair tryal : with an additional opinion concerning the death of King James, the loss of Rochel, and the blood of Ireland / by John Cook ... Cook, John, d. 1660. 1649 (1649) Wing C6025; ESTC R20751 34,094 43

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Spies being abroad they often met but durst not speake but parted with tears in their eyes which declared that they had more to utter but durst not this struck him to greaterfears he commanded that none should look upon one anothers eyes at parting therefore their griefes being too great to be smothered they fetcht a deep sigh when they parted which moved them so to compassionate one anothers wrongs that they ran in and killed the Tyrant The long hatching Irish treason was now ripe and therefore it was necessary that England and Scotland should be in Combustion least we might help the Irish Protestants well the Scots get Newcastle he knew they would trust him no more he had so often broke with them therefore no hopes to get them out by a treaty many Lords and the City petition for a Parliament the King was at such a necessity that yield he must to that which he most abhorred God had brought him to such a straite he that a few moneths before assumed the power of God Commanding men not to thinke of Parliaments to restraine the free thoughts of the heart of man was constrained to call one which they knew he would breake off when the Scots were sent home therefore got a Confirmation of it that he should not dissolve it without the consent of both Houses of which he had no hopes or by force which he suddenly attempted and the English Army in the North was to have come up to confound the Parliament and this rebellious and disloyall City as the King called it and for their paines was promised thirty thousand pounds and the plunder as by the examinations of Colonel Goring Legge c. doth more fully appeare And here by the way I cannot but commend the City Malignants He calls them Rebels they call him a gracious King He by his Proclamation at Oxford prohibits all commerce and entercourse of trade betweene this populous City the life and interest whereof consists in trade without which many thousands cannot subsist and other parts of the kingdome still they do good against evill and petitioning him so often to cut their throats are troubled at nothing so much as that they are not reduced to that former and a worse bondage then when there was a Lord Warden made in the City and the King sent for as much of their estates as he pleased But surely the Oxford-shire men are more to be commended for when the King had commanded by his Proclamation that what Corne Hay and other provision in the County of Oxford could not be fetcht into the said City for his Garison should be consumed and destroyed by fire for feare it should fall into the hands of the Parliaments friends a cruelty not to be parallel'd by any Infidell Heathen or pagan King nor to be presidented amongst the most avowed and professed enemies much les●e from a King to his Subjects they resolved never to trust him any more But the great Question will be What hath been the true ground and occasion of the War which unless I clear and put it out of question as the Charge imports I shall fall short of what I chiefly aym at viz. That the King set up his Standard of War for the advancement and upholding of his Personal Interest Power and pretended Prerogative against the Publique Interest of Common-Right Peace and Safety and thus I prove it 1. He fought for the Militia by Sea and Land to have it at his absolute dispose and to justifie maintain his illegal Commissions of Array and this he pretended was his Birthright by the Law of England which if it were so then might he by the same Reason command all the money in the kingdom for he that carries the Sword will command the Purse 2. The next thing that he pretended to fight for was his Power to call Parliaments when he pleased and dissolve them when he list If they will serve his turn then they may sit by a Law to inslave the People so that the People had better choose all the Courtiers and Kings Favorites at first then to trouble themselves with ludibrious Elections to assemble the Freeholders together to their great labor expence both of time coyn and those which are chosen Knights Burgesses to make great preparations to take long Journeys to London themselves their Attendants to see the King Lords in their Parliament robes ride in state to the House and with Domitian to catch Flies and no sooner shall there be any breathings or a Spirit of Justice stirring discovered in the House of Commons but the king sends the Black-Rod and dissolves the Parliament and sends them back again as wise as they were before but not with so much money in their purses to tell stories to the Freeholders of the bravery of the king and Lords 3. Well but if this be too gross and that the People begin to murmure and clamor for another Parliament then there goes out another Summons and they meet and sit for some time but to as much purpose as before for when the Commons have presented any Bill for Redress of a publique Grievance then the king hath several games to play to make all fruitless as first his own Negative Voyce that if Lords and Commons are both agreed then he will advise which I know not by what strange Doctrine hath been of late construed to be a plain denyal though under favor at the first it was no more but to allow him two or three days time to consider of the Equity of the Law in which time if he could not convince them of the Injustice of it then ought he by his Oath and by Law to consent to it 4. But if by this means the king had contracted hard thoughts from the people and that not onely the Commons but many of the Lords that have the same noble blood running in their veins as those English Barons whose Swords were the chief Instruments that purchased Magna Charta then that the king might be sure to put some others between him and the peoples hatred The next prerogative that he pretended to have was to be the sole Judge of Chivalry to have the sole power of conferring Honors to make as many Lords as he pleased that so he may be sure to have two against one if the House of Commons by reason of the multitude of Burgesses which he likewise pretended a power to make as many Borough-Towns and Corporations as he pleased were not pack'd also And this is that glorious priviledge of the English Parliaments so much admired for just nothing for if his pretended Prerogative might stand for Law as was challenged by his adherents never was there a purer cheat put upon any people nor a more ready way to enslave them then by priviledge of Parliament being just such a mockery of the people as that Mock-Parliament at Oxford was where the kings consent must be the Figure and
then I do to my dear Father but I hate that cursed principle of Tyranny that hath so long lodged and harbored within Him which hath turned our waters of Law into blood And therefore upon that Malignant principle I hope this High Court which is an habitation of Justice and a Royal Palace of principles of Freedom will do speedy Justice That this Lyon which hath devoured so many Sheep may not onely be removed out of the way but that this Iron Scepter which hath been lifted up to break this poor Nation in pieces like a Potters vessel may be wrested out of the hands of Tyrants That my honorable Clients for whom I am an unworthy Advocate The people of England may not onely taste but drink abundantly of those sweet Waters of that Well of Liberty which this renowned Army hath digg'd with their swords which was stopt by the Philistines the fierce Jew and uncircumcised Canaanite the hopes whereof made me readily to hearken to the call to this service as if it had been immediately from Heaven being fully satisfied That the prisoner was long since condemned to dye by Gods Law which being more Noble and ancient then any Law of man if there had been a Statute that he should not dye yet he ought to be put to death not withstanding and that this High Court was but to pronounce the Sentence and Judgment written against him And though I might have been sufficiently discouraged in respect that my reason is far less then others of my profession yet considering that there are but two things desireable to make a dumb man eloquent namely A good Cause and good Judges The first whereof procures the Justice of Heaven and the second Justice upon Earth And thinking that happily God might make use of one mean man at the Bar amongst other learned Counsel that more of his minde might appear in it for many times the less there is of man the more Gods glory does appear and hitherto very much of the minde of God hath appeared in this action I went as chearfully about it as to a Wedding And that the glory of this administration may be wholly given to God I desire to observe to the praise of his great name the work of God upon my own spirit in his gracious assistance and presence with me as a return of Prayer and fruit of Faith believing that God never calls to the acting of any thing so pleasing to him as this most excellent Court of Justice is but he is present with the honorable Judges and those that wait upon them I have been sometimes of Counsel against Felons and Prisoners but I never moved the Court to proceed to Judgement against any Felon or to keep any man in Prison but I trembled at it in my thoughts as thinking it would be easier to give an account of mercy and indulgence then of any thing that might look like rigor but now my spirits are quite of another temper and I hope it is meat and drink to good men to have Justice done and recreation to think what benefit this Nation will receive by it And now my Lord I must as the truth is conclude him guilty of more transcendent Treasons and Enormous Crimes then all the Kings in this part of the world have ever been And as he that would picture Venus must take the eyes of one the cheeks of another beautiful woman and so other parts to make a compleat beauty so to delineate an absolute Tyrant the cruelty of Richard the third and all the subtilty treachery deep dissimulation abominable projects and dishonorable shifts that ever were separately in any that swayed the English Scepter conspired together to make their habitation in this Whited-wal therefore I humbly pray That as he hath made himself a president in committing such horrid acts which former Kings and Ages knew not and have been afraid to think of That your Lordship and this High Court out of your sublime wisdoms and for Justice sake would make him an example for other kingdoms for the time to come That the Kings of the Earth may hear and fear and do no more so wickedly That he that would not be a patern of Vertue and an example of Justice in his life may be a president of Justice to others by his death Courteous Reader for thy full satisfaction in Reason of Law how the late King was by the Law of the Land accountable for his Tyrannous and Trayterous Exorbitances I refer thee to my Lord Presidents most Learned and Judicious Speech before the Sentence read And I have one word to adde That High Court was a Resemblance and Representation of the great day of Judgement when the Saints shall judge all worldly powers and where this Judgement will be confirmed and admired for it was not only bonum but bene not onely good for the matter but the maner of proceeding This High Court did not onely consult with Heaven for wisdom and direction a president for other Courts to begin every solemn action with Prayer but examined witnesses several days upon Oath to inform their consciences and received abundant satisfaction in a judicial way which by the Law of the Land was not requisite in Treason the Prisoner standing mute as Judges which before was most notorious and known to them as private persons and having most perspicuously discerned and weighed the merits of the Cause in the Ballances of the Sanctuary Law and right Reason pronounced as righteous a sentence as ever was given by mortal men And yet what Action was ever so good but was traduced Not onely by unholy men but by the holy men of the world that professors should pray for Justice and then repine at the execution of it Blessed Lord How does the God of this world storm now his kingdom is shaking An enlightened eye must needs see that it is the design of Heaven to break all humane glory with an iron Scepter that will not kiss his golden Scepter and to exalt Justice and Mercy in the Earth I confess if the greater part of the world should approve such High and Noble Acts of Justice it might be suspected because the most people will Judge erroneously but that Christians that have fasted and prayed many years for Justice should now be angry to see it done what is it but like foolish passengers that having been long at sea in dangerous storms as they are entring into the quiet haven to be mad with the Pilot because he will not return into the angry Seas but I shall observe one passage in the Lord Presidents Speech as a Schollar may presume to say a word after his Master concerning the many menaces minatory dangerous speeches wch are given forth concerning this High Court If men must be kill'd for the faithful discharge of their duties to God their Countrey I am sure the murtherer will have the worst of it in conclusion if he should not be known here though