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A89918 Problemes necessary to be determined by all that have, or have not taken part on either side in the late unnaturall warre. For the making of their peace with God and disposing them to a hearty peace one with another. By reflecting upon what they have done, before they engage in a new more dangerous and doubtfull warre: dedicated to the Lord Major, aldermen and Common-Councel of the Honorable City of London. / By P.D. Nethersole, Francis, Sir, 1587-1659. 1648 (1648) Wing N497; Thomason E458_20; ESTC R203004 17,363 31

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well-meaning but unskilfull men have with great prudence distinguished the justifying causes of their having raised and continuing an Army and forces from the things which might by consequent have come into danger if they had not raised an Army and forces to defend them among which Religion is one And this the penner of his Majesties said Declaration had done as carefully from the beginning in these words Our quarrel is not against the Parliament but against particular men c. 42. Whether by the perusall of the said respective Declarations and of the said Preface it be not also most evident that his Majesty and his two Houses of Parliament do both pretend to have taken up defensive Armes and in defence of all and every the same things And whether it be not also evident that his Majesty in his said Declaration maketh the protecting of Delinquents whom he nameth from being brought to a Tryall by their Peeres according to the Law of the Land the onely cause of the setting up of his standard and raising defensive Armes against them and as many of his subjests as should rise in Rebellion against his Majesty and the Law in behalfe of the said pretended offendors and in justification of their actions specified at large and alledged to be High misdemeanors and Treason And whether the three causes upon which onely the Lords and Commons pretend to justifie their having taken up defensive Armes in their said Declaration of the fourth of March 1642 be not also reducible to one to wit that of bringing notorious offenders to condigne punishment whose practises are set forth at length in their declaration of the fourth of Aug. 1642 and of whom they then named none but the Lord Digby For the pretended violence and destruction of the said Lords and Commons and of the Parliament and the pretended foreigne invasion of this Kingdome which are the other two Causes neither were then nor by Law could have been charged on his Majesty but on the said Lord Digby and other unnamed Incendiaries And whether it be not thereby manifest that there were two Actions at Warre on foot at the same time the one between the King and his Parliament the other between the Parliament and his Majestie 43. Whether the penner of the said Declaration of the Lords and Commons of the fourth of August 1642 did not with great prudence carefully and frequently disavow and indeavour to disprove their having possessed themselves of Hull or of the Militia or Magazine to be the grounds of the Warre first in these expresse words to that purpose page 496. of Husbands Collection Then if they will not come to help the Parliament and save themselves especially now that the question is so clearly stated and that it appeareth that neither Hull nor the Militia nor the Magazine are the grounds of the Warre which is so furiously driven on against us by a Malignant party c. And afterwards page 497 All this before we meddled with Hull or Magazine or Militia c. to those words But to destroy the Parliament * See the words at the end of page 24. And yet more fully and clearly ibidem Yet willingly would we give his Majesty satisfaction in these particulars and so have we offered it could we be secured that disarming our selves and delivering them up to his Majesty we should not for our own destruction put the military sword into the hands of those evill Councellors and ill-affected persons who are so prevalent with his Majesty And whether the Penner of certain late Declarations of the Lords and Commons particularly that 4º Martii 1647. concerning the Papers of the Scots Commissioners wherein are these words page 68. As to the Militia although that be the foundation of security to vs and our prosterity and was the principall immediate ground of our Quarell c. And these in the same page Have we fought all this while with the King for the Militia to subject it to the arbitrement of the Scots Commissioners were well advised in those and other like passages there being as I humbly conceive nothing more cleare then that the Militia by which word brought into use by this Parliament I doe not understand the power of araying or charging the subjects of this Kingdome with such and such armes which regularly cannot be imposed without the joynt authority of King Lords and Commons but the power of assembling and conducting the subjects so armed for the suppression of all Rebellions insurrections and invasions undoubtedly ever was in the King alone and was clearly acknowledged to be so by this very Parliament when they petitioned his Majesty to put the whole Militia into the hands of such persons as should be recommended to his Majestie by both Houses of Parliament 1o. Martii 1641 When they made their first Ordinance for the ordering of the Mllitia whereby they give power to Collonels and Captaines to lead conduct and employ his Majesties subjects according as they from time to time shall receive directions by his Majesties authority signified by both Houses of Parliament 2º Martii 1641 And when they resolved upon the Question That in this case of extreme danger and of his Majesties refusall the Ordinance agreed on by both Houses for the Militia doth oblige the People and ought to be obeyed by the fundamentall Laws of this Kingdome 15o. Martii 1641. And whether the true ground of the fracture of the Parliamentarian party into Presbyterian and Independent and of the sharp controversy arisen between them upon other pretences be not which of them should have the Lions skin before he be dead And whether if the Independent could have gone sheere away with it whole it be not already manifest that they would have been subdivided againe upon the same ground And whether there be any hope of seeing an end of these bitter disputes till the sword be put again into the hand where it hath been of old And whether there be not meanes to place it there in such a way as may be much safer for the people and no lesse safe for the Houses of Parliament then to have it in their hands who being Two may at length also come to strive about it 44. Whether the penner of his Majesties Declaration of the twelfth of August did not with like prudence also distinguish the Delinquents named therein into two ranks charging the former of them to have been the Contrivers Fosterers and Fomentors of mistakes and jealousies betwixt body and head his Majesty and his two Houses of Parliament whom his Majesty thereby requireth to be delivered into the hands of Justice All the charge against the later rank being their having levied Warre against the King contrary to the Statute of the 25. yeare of King Edward the third as is pretended but in obedience to severall Ordinances of this present Parliament as is confessed which Ordinances they are therefore allowed to pleade And whether those noble Lords and others so
ought not to forbeare such defence of their persons or estates as well as any one single man of the same Religion or profession if proceeded against one by one in a due Legall course And whether in some occasions where summary proceedings against many at once are used and allowed in other matters the same ought not to be submitted unto in this also for conscience sake provided that the proceedings be such as may make it appeare that they suffer as Martyrs or confessors for Christs sake And whether there be any danger that the gates of hell should prevaile against the Church of Christ if all true Christians should suffer themselves thus to be killed like sheep or whether it have not ever been most enlarged at those times when Christians were most willing to yeeld to be so robbed or killed 35. Whether all they who by a mistake of the quarrell doe any way engage themselves or others in a just Warre upon unjustifyable grounds be not murtherers before God though not before men as a man may committ adultery with his own wife if in the darke he chance to take her for another mans And as a Juror may do unjustly in giving a just verdict if he do it upon unjust grounds through a mistake of the evidence or through ignorance of the Law 36. Whether they who engage themselves in an unjust Warre upon just grounds be therby wholly absolved from the guilt of blood any more then a Juror is that giveth an unjust verdict to the taking away of his neighbours life upon just but untrue grounds or then he is free from adultery that lyeth with his neighbours wife taking her for his own if the mistake happen through their own fault in either case 37. Whether all they who though they understand the right of the quarrel in a just Warre yet engage themselves or others therein upon unjustifiable motives as for private revenge or gaine or with minds any otherwise disposed then purely to procure a yeelding to the justice thereof be not also guilty of all the bloodshed therein as a Juror may be a murderer in consenting to the taking away of his neighbours life by a just verdict how cleare soever the Law or evidence be to him if he be induced thereunto by his owne private spleene or by the bribery or sollicitation of some other revengefull third person or by any other by-respect and not meerly by the merits of the cause 38. Whether they who at one time have allowed or approved of the same proceedings or actions in themselves or others of their owne opinion or party which at another time they have condemned with severity and punished with rigour in others of a contrary opinion or party in the managerie of one and the same true or pretended cause of Warre have not in so doing pronounced sentence of condemnation against themselves or can have any well-grounded hope long to escape the heavie judgement of God and his revenging hand for this so wicked partiality how holy righteous or sober soever they may be in other passages of their lives And whether they who will by no meanes agree that others should have an act of Oblivion in this world for those faults or crimes whereof themselves are no lesse guilty then their neighbours can have any hope of pardon for their owne transgressions of either sort in that world which is to come 39. Whether it may be lawfull for a People to depose that Prince to whom they or their Representants have sworne Allegiance in any imaginable case considering and comparing what is writen Exod 20.7 Psal 15.4 Joshua 9.1 to the end 1 Sam. 8.10 to the 18. Deuteron 17.14 and 15. Ezek. 17.11 to 21. Jerem. 52.3 to the 11. there being perhaps few stronger cases to be imagined for the dispensing with the obligation of an Oath then that was of Joshua and of the Princes of the congregation having sworn to the Gibeonites Zedekiah to Nebuchadnezar the first upon meere circumvention both contrary to the expresse command of God and yet the wrath of God having been revealed from heaven against the breakers of those Oaths ********************************************* 40. Whether in the late great controversy between his Majesty and his two Houses of Parliam it was not the duty of every good Christian and loyall subject of this Kingdome desirous to approve his heart to God and his actions to men especially to those whom God hath set over him to the end before he took any part in that War carefully to peruse and with indifferency to weigh the respective Allegations contained in those many severall Declarations published by the Kings Majesty on the one part and by the Lords and Commons on the other part since the first breach between them and particularly those whereby they have respectively given the people of this Kingdome and the whole world an account of the Reasons of their having taken up Armes whereof that of his Majesty beareth date 12 Aug. 1642. being also the date of the Proclamation whereby his Majesty gave notice of his resolution to set up his Royall Standard at Notingham upon the 22th of the same moneth And that of the Parliament was set forth in the beginning of the same moneth I think before his Majesties 41. Whether upon the attentive reading of the said respective Declarations it will not be evident to every intelligent man capable to judge of affairs of this nature that the present unhappy Warre is not or at least was not a Warre of Religion otherwise then as Religion may be much concerned by consequent in the issue thereof And whether this will not be yet more evident by comparing the conclusion of his Majesties said Declaration of the 12.th of Aug. from the paragraph beginning in these words Our Case is truly stated c. to the end thereof with the Preface of the Ordinance of the Lords and Commons for a weekly Assessment throughout the whole Kingdome for the maintenance of the Army raised by the Parliament 4. Martii 1642. which beginneth in these words The Lords and Commons now Assembled in Parliament being fully satisfied and resolved in their consciences that they have lawfully taken up armes and may and ought to continue the same for the necessary defence of themselves and the Parliament from violence and destruction and of this Kingdom from foreigne invasion and for the bringing of notorious offenders to condigne punishment which are the only causes for which they have raised and doe continue an Army and forces which cannot possibly be maintained nor the Kingdome subsist without the speedy raising of large and considerable sums of mony proportionable to the great expences which now this Kingdome is at for the supporting of the said Army and for the saving of the whole Kingdome our Religion Lawes and Liberties from utter ruine and destruction In which words the Lords and Commons it may be occasioned by many indiscreet defences of their proceedings made by