oâ— which that Parliament was dissolv'd by Commission Whereas this Accuser would peâ—swade the World that the King broke off thâ— Parliament for no other cause than to proteâ—â— the Duke against them who had accused him 〈◊〉 no less than the poisoning his Father And trâ—ly I was once wondring why he said nothing touching the Parliament of the third of King Charles till I considered it was in that Parliament that the King past the Petition of Right with Soit Droit sait come il est desire He found it was not for him and therefore resolv'd iâ— should make nothing against him When oâ—â— the contrary he reproaches the King with illegal Actions to get Money least considering iâ— was the Art of that time to reduce the King to Necessity to the end that being forced to extraordinary means he might attract a popular Odium And here also he quarrels at Straws and rather than not want matter he 'll find a Knot in a Bullrush For what other can he make of those Compulsive Knighthoods Milt p. 2. when the King had the Statute of 1 Edw. 2. De militibus to warrant it In like manner for the Ship-money The Dutch in the Year 1634. had encroach'd upon the Royalty of the Northern Seas upon which the King so loath was He to do any thing that might but seem illegal writes to the Judges and demands their Opinions in Writing whether when the good or safety of the Kingdom in general is concern'd the King may not by Writ under the Great Seal command all His Subjects of this Kingdom to furnish a certain number of Ships and Men for such time as the King shall think fit and by Law compel the doing it in case of refusal And whether in such a case he is not the sole Judge both of the danger of the Kingdom and when and how the same is to be prevented and avoided V. The case and all the Arguments on both sides Printed in 4 to As also in the said Annals from p. 550. to p. 600. To which every one of the twelve Judges repeating the very Words of the King's Letter subscribed their names in the Affirmative And though J. Hutton and J. Crooke afterwards fell off yet upon arguing the matter by all the Judges in the Exchequer-Chamber in the Case of Mr. Hambden the majority of them gave their Opinions for the Writs on which the Barons gave Judgment Then for Monopolies every thing is not a Monopoly that may be call'd so and therefore because he gives no particular instance either as to them or the King 's seizing Naboth's Vineyard as he calls it Inheritances under the pretence of Forest and Crown-Lands and Corruption and Bribery compounded for I say no more but this that Generals imply nothing and consequently deserve no particular Answer But this I know that in the Parliament of 44 oâ— Queen Elizabeth a Bill was preferr'd for Explanation of the Common Law in certain cases of Letters Patents V. Sir Simon D'ewe's Journal of the Commons 44. Eliz. viz. touching Monopolies and was strongly bandied on both sides Oâ— this the Queen sends them a Message That a she was not conscious to herself she had granted Letters Patents of any thing that was Maluâ— in se V. Townsend ' s Câ—llections 44. Eliz. so when it should appear that she had made any such Grant it should be revok'd or otherwise redressed on which the Common make her an humble Address of Thanks and a Grant of Subsidies and yet I do not find the Queen ever did any thing in it But what the King did as to the Grievances for that was the Word I shall come to shew presently The next thing he trumps up is The King'â— having the second time levied an injurious War against his Native Country Milt p. 3. Scotland a Waâ— saith he condemned and abominated by the wholâ— Kingdom and which the Parliament judged one oâ— their main Grievances Nor without reason for that was a cover'd Dish and had been long before cooking for their own Tooth They knew it would keep cold for another time and the King was not yet become necessitous enough to have it opened at present But to observe the wording it The King levied an unjust War c. As if a King might not defend himself against the Rebellion of his natural Lieges For such and no other was the case here But the Story is thus The King in the Sixteenth of his Reign had call'd another Parliament which opened 13. April 1640. at which time the Scots with an armed Force lay upon the Borders His Majesty by Sir J. Finch Lord Keeper tells them of the Scots Insurrection the Summer before V. Rushw Coll. 16. Car. 1. which he had pass'd by upon their Protestations of their future Loyalty instead of which they had now address'd to the King of France to put themselves under his Protection and causes an intercepted Letter of theirs signed by the heads of those Covenanters one of whom was then in Custody to be publickly read and therefore demands a Supply The Commons consider of it and pay it with complaints Innovation in Religion Grievances against Liberty Property and Privilege of Parliament The King sends several times to the Houses and presses to them the danger of the Scots Army but the question is which shall have the Precedency The Supply or Grievances The Lords are for the former and that the King ought to be first trusted The Commons are so long a tuning their Instrument that the King in despair of any good Musick from 'em dissolves them the Fifth of May following From which our Accuser thus infers that strong Necessities and the very pangs of State Milt p. 3. not his own Choice and Inclination made him call this Monstrum Horrendum Informe Ingens last Parliament which began the third of November 1640. when yet he brings nothing to back his Assertion but the scurrillous Language of the General Voice of the People almost hissing him and his ill-acted Regality off the Stage That it was impossible be should incline to Parliaments who never was perceived to call them but for the greedy hope of a National Bribe his Subsidies and never lov'd fulfill'd or promoted the true end of Parliaments the redress of Grievances of which himself was indeed the Author Not doubting also to call it a natural Sottishness fit to be abused and ridden And if this be the Reverence due to Majesty this the Respect we pay the Vicegerent of God sure Job was mistaken when he says Is it fit to say to a King Thou art Wicked and to Princes Job 34.18 Ye are ungodly The interrogation is in the Affirmative and concludes in the Negative No certainly it is not fit St. Paul checks a bare slip of his Tongue toward the High Priest Acts 25.5 Jude v. 9. Zach. 3.2 and the Arch-Angel in Jude brought not a railing Accusation even against the Devil And yet when
times at what time it pleas'd God in Mercy to these Kingdoms to restore King Charles the Second to the Throne of his murther'd Father but that they yet expect the Advancement of the Sceptre and that as obstinately as the Jews their Messias were there no other Argument the very re-impression of this Book may seem sufficient to evince especially if we consider the following Circumstances 1. That it bears the Impress from Amsterdam a Popular State to the freedom of whose Presses we are beholding for many things we had otherwise miss'd However whether it were that Amsterdam or another of the same Name in or near London as Printers have a way to themselves it matters not its Principles are altogether Republican and whoever he were that thus shuffled it into the World took the right course in chusing darkness rather than light because his Way was evil To have offered at a Commonwealth directly had been Madness and yet who knew how he might turn it about by a Side Wind 2. That a Book which from its first impression had been Waste-Paper and never read by any good Man without Contempt should after an interval of two and forty Years be raked out of its forgotten Embers if the design at bottom had not been to re-mind the People of the days of old and hint to them how the same Cards may be play'd over again as God shall enable them i. e. as opportunity shall offer And if this be not the drift of it let any Man judge when in bespattering that good King it represents to them by a false Glass what they may expect from other Kings and in effect tells them A Lyon is still a Lyon and tho' his laws be pared they 'll grow agen 3. That as if there had been some private agreement between them it was seconded by another to the same Tune intituled A Letter from Major General Ludlow to Sir E. S. which whether it were his or his Name only made use of to serve a turn will not be much in the Case tho' it confirm the Design The name is yet a popular name among that Faction and himself a daring Man witness his late regress into England and that not Incognito but in the face of the Sun in Westminster-Hall a Parliament and Judges then sitting where once he sate Judge himself and had there been a third of Mr. Jenkins's to have rung All-in What wonder if the Sheep had followed their Bell-weathers And if this were not the Design strange it seems and no small breach of Politicks to have thrust it on the World at a time when three of the Grand-Children of that King are yet Living and two of them in possession of the Throne It was one of Milton's Sarcasms to Salmatius Patrem defendis ad fillum mirum ni causam obtineas You defend the Father to the Son no wonder if you carry the Cause But on the other hand how can any of His Posterity think themselves secure while the murther of the Grandfather is yet mention'd without abhorrence When in a manner it hints the Faction with the Proverb Stultus qui patre caeso pepercit liberis tandem aliquando patriae necis futuros vindices He 's a Fool that kills the Father and spares the Children who some time or other will be sure to revenge it But malicious and nothing but malicious could be the Printing the Advertisement at the end of his Preface grounded it seems upon a Memorandum of the Earl of Anglesey's Viz. King Charles the Second and the Duke of York did both in the last Session of Parliament 1675. when I shewed them in the House of Lords the Written Copy of this Book meaning â—con Basilica wherein are some corrections and alterations written with the late King Charles the First 's own Hand assure me That it is none of the said King 's compiling but made by Dr. Gawden Bishop of Exeter which I here insert for the undeceiving others in this point by attesting so much under my hand Anglesey And that the Earl might have left such a Memorandum as is said I do not doubt because I have heard of it so often but what end the first Publisher of it had I cannot devise unless it were to Crucifie his Lord again and by putting in his Stab to His Memory expose him a second time which the more merciful Jews did but once to our Saviour with a Behold the Man and yet notwithstanding all this I doubt not to evince it to every unbiass'd Man that this The Portraiclure of his Sacred Majesty King Charles the First in his Solitudes and Sufferings was an Original drawn by Himself and not by any other Hand or Pencil For 1. He was able to do it as having been early bred up to Letters in design if Prince Henry had lived to be King for the Archbishoprick of Canterbury To which if it be said He had some little difficulty of Speech I answer Jer. 1.6 Exod. 4.10 Nescivit Jeremias loqui and Moses himself was Impeditioris Linguae And what of that It is the Office of a Steward to see the Provision be good and that the Family have it in due Season but I think no Man will say to Cook it himself 2. These Meditations are written feelingly and carry with them the Sense and Language of a Person under such Circumstances Jeremiah in his Prophecy denounceth Judgments to others and speaks with the Tongue of him that sent him but in his Lamentations we see him in distress himself and his Stile is as mournful as the City he bewails And he that reads Job with due consideration instead of doubting whether he wrote it himself cannot but sit down and weep with him Especially taking this with it that the Holy Ghost in his Pen labours more to describe that affliction than ever it did the Felicities of Solomon 3. Neither the Thought nor Stile are in the least like that of Bishop Gawden nor is it to be doubted if he had been the Author of so well a design'd Service to the Memory of a distress'd Father but that he might on the Son's Restauration have reasonably deserv'd a better Bishoprick than that of Exeter especially when so many of those Vacancies were fill'd with Covenanters Whereas on the other hand do but compare this Icon with his Majesty's Speeches in Parliament with his Discourse about Religion with the Marquess of Worcester His Papers with Henderson touching Episcopacy His Letters to the Queen Those his frequent tho' fruitless Messages to both Houses from Hampton-Court and the Isle of Wight when he was under restraint debarr'd of every one that might assist or comfort Him and the Company obtruded upon Him was more sad than any Solitude could be compare I say this Icon Icon. Basâ— 195. and them together and then tell me whether they do not all breathe the same Soul and consequently whether they can justly be denied to have proceeded from the same Pen. And for
Example of both Fortunes and of a Mind unchang'd in the greatest change of either A Prince Learned Eloquent Affable Courteous and born for the Good of Mankind his Lot had fallen among a better People One iâ— a word who if he had any fault it was hâ— not timely adverting his Father's dear-bough Experience who thus confesses of himself Where I thought by being gracious at thâ— beginning to win all Men's Hearts to a loving and willing Obedience Basilicen Doron p. 23. I on the contrary found the disorder of the Country anâ— the loss of my Thanks to be all my Reward Which how truly it was verified in this Hâ—â— Son will be the Subject of the ensuing Discourse And so I come to this Accuser and hiâ— Book in the examining which I shall follow his own Method and as he pretends to answer the King make him a suitable Reply and thaâ— also with as much brevity as I can for neither needeth so much Barbarity any Aggravation nor so plentiful an Argument as the Vindication of an oppress'd King any Art to inforâ—â— it But I stay too long in the Porch The King's Meditations are thus Intituled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is as the English Title speaks it Thâ— Portraicture of His Sacred Majesty And this Answer of Milton's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is the Breaker-in-pieces of that Portraicture Which how he has done Sub Judice Lâ—est CHAP. I. Vpon the King's calling his last Parliament THAT saith he which the King lays down here as his first Foundation Milton p. 1. and as it were the Head Stone of his whole Structure That he called this last Parliament not more by others advice and the necessity of his affairs than by his own choice and inclination is to all knowing Men so apparently not true that a more unlucky and inauspicious Sentence and more betokening the downfal of his whole Fabrick hardly could have come into his Mind And a good mannerly beginning A Man may not say to the King What dost thou and yet it seems may tell him Eccles 8.4 He lyes And without proving any thing but throwing it out boldly that somewhat may stick charges the Court Parasites as he calls them with their averseness to Parliaments and that the King never called a Parliament but to supply his Necessities and having supplied those as suddenly and ignominiously dissolv'd it without redressing any one Grievance of the People And broke off the Parliament at his coming to the Crown for no other cause than to protect the Duke of Buckingham against them who had accused him besides other heinous Crimes of no less than poysoning the deceased King his Father In reply to which it is but necessary to take notice of the condition of that time The Parliament had engaged King James in a War with Spain in which the Parliment 1 Car. 1. deserted his Son He had a large Dominion and a flourishing Kingdom left him but as I said a War and an empty Treasury with it beside which King James died in Debt To the City of London One Hundred and Twenty Thousand Pounds Vid. Annals of K. Charles 1 â—in Râ—â— 1. and â—â—r Râ—â—w Câ—ileet 1 Paâ—â— Fâ— 179. besides Interest For Denmark and the Palatinate One Hundred and Fifty Thousand Pounds For his Wardrobe Forty Thousand Pounds Laid out for his Navy Twenty Thousand Pounds For Count Mansfield Twenty Thousand Pounds For the Expence of his Fathers Funeral Forty two Thousand Pounds For the Queen Forty Thousand Pounds And to equip and pay the Navy for the Expedition for the Palatinate Three Hundred Thousand Pounds And what was worse than all this there had follow'd King James out of Scotland a sort of People whom himself calls Puritans very Pests in the Church and Common-weal whom no deserts can oblige Basâ—â—â—n Dorâ—â— p. 31. nor Oaths or Promises bind breathing nothing but Sedition and Calumnies aspiring without measure railing without reason and making their own Imaginations the Square of their Conscience These Men had by degrees spread themselves through City and Country and watch'd the People like Hawks so long till they could do any thing with them and sow what they pleas'd as they found them napping Nor wanted there some of the same Kidney here among our selves who under the specious pretences of easing the People had got the command of most of their Purse-strings King James 't is true might have helpt it at first if his Beati Pacisici that is Give Peace in our time O Lord had not been too much in his Light by which means all Remedies in his Son's time came too late and joyn'd with the Disease to the destruction of the Body In this Case what could King Charles the First do Monarchy is more Ancient and Independant than Parliaments and yet their Advice and Assistance makes it more compacted He calls a Parliament in the first Year of his Reign which sate not long And another in his Second in which he lets them know his and the Kingdoms condition and particularly that of the Palatinate Instead of answering which they fall into Debates and Reflections against the Duke of Buckingham and at a Conference of both Houses Vid. The 〈…〉 of 〈…〉 in 〈…〉 p. 15. â—â— 1. p. 104. the Commons deliver in an Impeachment of thirteen Articles against him the last of which was That the King being sick of an Ague at Theobald's the Duke had given him a Plaister and a Posset-drink without the Advice and Consultation of his Physicians Three days after the King by message to them takes upon himself as having full knowledge of all those transactions to clear the Duke of every one of those Articles Pâ—â—â— Câ—◠〈…〉 However the Duke makes his Defence to the Lords and puts in his Answer and Plea to the Impeachment made against him by the Commons And to the thirteenth Article says That having been recovered himself of an Ague by a Plaister and Posset-drink given him by a Physician of the Earl of Warwick's the King impatiently press'd to have it but was delayed by the Duke who pray'd the King not to make use of it but 〈◊〉 the Advice of his own Physicians nor till it wâ—â— tryed upon one Palmer of the Bed-Chambeâ— then also sick of an Ague which the King said he would do However the Duke being goâ—â— to London the King would have it and 〈◊〉 took it and upon his return hearing a Rumoâ—â— that the Physick had done the King hurt as that it had been administred by him withoâ—â— Advice the Duke acquaints the King with iâ—â— who with much discontent answer'd thus Theâ— are worse than Devils that say it And so having put in his Answer the Duke moves thâ— Lords that the Commons might expedite the Reply Instead of doing which they Petitioâ— the King against Papists and suspected Papist holding Places of Authority and Trust in thâ—â— Kingdom and draw a Remonstrance againâ— the Duke and Tonnage and Poundage
rebuke them sharply from one of themselves even a Prophet of their own In a word true Morals and good Thoughts lose nothing of their Innate Excellence from whencesoever they are handed to us The Devil had not been the Enemy but Friend of Mankind if he had spoke no worse in Paradise than he did at Delphos viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Know thy self And therefore admitting the Accusation were true where lies the Scandal Nor will he have done while there 's a drop yet left The King says He call'd this Parliament with an upright Intention to the Glory of God and his People's good Our Answerer makes this of it That there be some whom God hath given over to Delusion whose very Mind and Conscience is defil'd of whom St. Paul to Titus makes mention To which I say there is not any one such Expression in the whole Epistle but others there are whom he calls Evil Beasts Slow-bellies and Lions With which I leave him and proceed to the second Section CHAP. II. Vpon the Earl of Strafford's Death I Looked upon my Lord of Strafford saith His Majesty as a Gentleman whose great Abilities might make a Prince rather afraid than asham'd to employ him in the greatest affairs of State Yes saith our Answerer He was a Man whom all Men look'd upon as one of the boldest and most impetuous Instruments that the King had to advance any violent or illegal design He had rul'd Ireland and some Parts of England in an Arbitrary manner Had endeavour'd to subvert Fundamental Laws and Parliaments To make Hostility between England and Scotland And Counselled the King to call over that Irish Army of Papists to reduce England For which and many other Crimes alledged and proved against him iâ— twenty eight Articles he was Condemned of High Treason by the Parliament The Commons by the far greater number Cast him The Lords likewisâ— agreed to the Sentence and the People cry'd out foâ— Justice c. Only the King saith he was not satisfied in his Conscience to Condemn him of High Treason In reply to which I think he might morâ— truly have said not prov'd but alledg'd as I shalâ— come to shew presently That he was oncâ— the Darling of the Commons His Tryal of Tho. Earl of Strafford Fol. 763. to 769. we have several Instances of it in Mr. Rushworth But alas the King had made him Lord Deputy of Ireland and the heighth of that Sphere contracted Envy in the Great Ones and an Odium in the People nor is it every one that can say nâ—â—pluribus impar Though during that his Government he improv'd the Revenue of that Kingdom which before his time had been rather 〈◊〉 Charge than Advantage to this and procur'd of the King that all Impropriations then in thâ— Crown be restor'd to the Church of that Nation and supplied it with Learned Men out oâ— England upon the Scottish Invasion in 1639 he counsell'd the King 't is true to fight them out Vox Reipub honesta sibi anceps as Taciâ—â— of Galba on the like Occasion for the Scotcâ— Commissioners not long after preferr'd that Charge in Parliament against him before-mention'd And then for the Irish Army of Papists c. that brings me naturally to the Article themselves which were as is said Twentâ— Eight in number Some of which were for matters of Fourteen Years standing some of them as the First Seventeenth Eighteenth not insisted on and others as the Fourteenth Twenâ—y first Twenty Second Twenty Fourth not â—rg'd Dr. Nalson's impartial Collect Part 2. Fol. 8. And to disable him of the Testimony and Assistance of Sir George Ratcliffe his quondam Secretary and now Friend he also was charged with High-Treason and Confederacy with him and sent for out of Ireland The Earl had now been under five Months Imprisonment when the 22d of March 1640. he was brought to his Tryal which held till the 13th of April following and in which he defended himself so well that since there was neither Matter nor Proof enough against him to take off his Head by the Common-Law it was resolv'd a Bill of Attainder should The pinching Article against him was the Twenty third and is the main Particular mention'd in the said Bill viz. That he advis'd the King that he was loose and absolv'd from the Rule of Government and that he had an Army in Ireland by which he might reduce this Kingdom A shrewd Article no doubt and sufficiently evidences their Crime that without the King's Consent afterwards brought the Scots into England But let us see how this was proved There had been an old grudge between Sir Henry Vane the Father Secretary to the King and my Lord of Strafford touching the Title of Baron of the Castle of Raby of which Vane was Proprietor and endeavour'd the Honour to himself notwithstanding which the King had given it to the Earl of Strafford And is so happen'd that the said Sir Henry having a sudden occasion to make use of a Paper gave his Son young Sir Henry Vane the Key of his Cabineâ— where lay another Key which open'd a Tilâ—â— in which he found some short Notes of a Committee of eight of the Privy-Council of whicâ— the said Earl was one upon this Question Whâ—ther the War with Scotland should be offensive or defensive In which there were Words 〈◊〉 spoken by the said Earl somewhat to that puâ—pose but still relative to the War with Scoâ—land However young Sir Henry carries it 〈◊〉 the Lords and makes it an Article of the Additional Charge against him which upon fuâ—â— Evidence of such of the said eight as were noâ— in Prison terminated in this The Earl oâ— Northumberland being interrogated touchinâ— these Words absolutely denied that ever hâ— heard the said Earl speak them Mr. Treasurer Sir H. V. shuffled in his Evidencâ— forward and backward The Tryal Fol. 563. and at last said hâ— thinks they were spoken positively or to thaâ— effect And a shrewd Evidence for the proof of a Bond The Lord Treasurer declar'd that he never heard the said Earl speak thâ—â— said Words or any thing like it The Lord Cottington to the same purpose and thinkâ— the Earl might say The Parliament had noâ— provided for the King and that the King ought to seek out all due and lawful ways to employ his Power and Authority Caste Candide which Words he very well remembers The Marquess Hamilton that he hath often heard the said Earl use those last Words to the King for otherwise said the Earl it were unjust and oppressive And to the same purpose the Lord Goring â—ll Nelson Fol. 87. and Sir Thomas German in behalf of the said Earl However die he must and to that end a Bill of Attainder was prepar'd by both Houses to which the King May the first in the House of Lords the Commons then present declar'd That in his Conscience he could not condemn him of Treason On which a City armed Rabble of
His Majesty says He hop'd by his Freedom and their Moderation to prevent Mis understandings See how Spider-like he draws Poison from what the Beâ— would have suck'd Honey And wherefore saith he not by their Freedom and his Moderation But Freedom he thought too high a Word for them and Moderation too mean a Word for him Insolence and if this as it seems to be were the early Moderation of his Masters I the less wonder how they broke down that Wall which at once adorn'd and defended their way However for reply to it the Kingdom was fallen into a Distemper that required a Cordiaâ— more than a Corrosive somewhat to cool not heighten the Fever And if His Majesty did not contribute his part to it let any Man judge When besides his granting The Petition of Right of which before he denied this Parliament nothing they had the confidence to ask him Witness his passing the Bill for a Triennial Parliament Vid. Scobel's Collection of Acts and Ordinances from 1640. and the Statutes at large 16 and 17 Car. 1. For the continuance of this Parliament during the Pleasure of both Houses than which what more could they have demanded but the Kingdom also For the raising Moneys for the disbanding of the Armies of England and Scotland It was but a modest disarming the King and for the Scots they wanted not the Bait to get them together again The taking away the several Courts of the Star-chamber the Presidencies of Wales and the North Dutchy of Lancaster and the Exchequer of the County Palatine of Chester The High Commission and Oath Ex Officio Limiting the Stannary Courts Setting Bounds to Forests The Bill against Ship-Money And what our Answerer calls compulsive Knighthoods Add to this his Consent to a Bill for Two Hundred and Twenty Thousand Pounds for the Supply of the Occasions of our Brethren of Scotland For pressing Soldiers for Ireland Borrowing Four Hundred Thousand Pounds for the necessary defence and great affairs of England and Ireland And another for the encouragement of Adventurers for Ireland So that in effect there remain'd little more for them to ask or His Majesty to grant And now to use the Parable of the Prophet touching his Vineyard Isa 1. v. 1. to v. 8. A Vineyard in a very fruitful Soil He fenced it and gathered out the Stones thereof and planted it with the choicest Vine c. And he looked that it should bring forth Grapes and it brought forth Wild Grapes Judge I pray between the King and his Vineyard the Kingdom What could have been done more to it thaâ— he had not done in it And he look'd foâ— Judgment but behold Oppression for Righteousness but behold a Cry Judge I say between the King and them when they had no sooner gotten an Army anâ— Money together and that for the reducement 〈◊〉 Ireland Vid. His Majesty's Answer to their Irish Papers as was pretended than they drove thâ— King from While hall by Tumults and fought hiâ— at Edge-Hill with those individual Forces They tax'd the King of illegal exactions anâ— grievances which he readily redressed Weâ— see now how they mended it themselves Shiâ— Money which was about Ten Shillings a Month out of a Thousand Pounds a Year was a greaâ— Burthen to the Country and the King took it of They set up the Excise in the room of it whicâ— was Two Hundred Thousand and Ninety fiâ—â— Pounds for one Year besides Eight Thousand Sixty three Pounds paid in the Country to thâ— Army The Country groan'd under Coat aâ—â— Conduct-Money See more of this chap. 13.15 They brought in an Army oâ— One and Twenty Thousand Scots instead oâ— ' em The King granted that Right be donâ— They secur'd Property in Sequestring Mens Estates In a word the Court went awaâ— in the City's Debt They made an Ordinancâ— for the Publick Faith of the Kingdom for the repayment of publick Debts that is such Moneys as they had borrow'd for the carrying oâ— of their Rebellion And for fear the King lightning their Burthens should make the People grow wanton they began with an Assesâ—ment for the twentieth part of their Estates and all this too for the Ease of the Nation And lastly to consider what return they made him Quis talia fando Temperet They first stripp'd him of his Royal Authority and having dealt with the Monarchy it self like Gold-beaters beaten it so thin that there remain'd no more of the Substance than the empty appearance They accuse him in the name of all the Commons of England in which case how could any of them be as Witness when they were both Accusers and Judges Try him with a ridiculous Pageantry that had neither Equal nor Superiour in his Realm Traiterously sentence him and as ignominiously murther him before his own Palace And to fill up the measure of their Wickedness abolish Kingly Government and proscribe his Posterity And so judge also whoever he be that reads me whether they deserv'd not what the Prophet says he will do to his Vineyard I will take away the hedge thereof and it shall be eaten up and break down the Wall thereof and it shall be trodden down I will lay it waste it shall not be pruned nor digged but there shall come up Briars and Thorns I will also command the Clouds that they rain no Rain upon it But to return to our Answerer The King in his wonted Sincerity says The Odium and Offences which some Mens rigour or remissness in Church and State had contracted upon his Government he resolved to have expiated with better Laws and Regulations A healing Proposition one would have thought and a fair step to an Accommodation A King said it nor is it for Princes that they should Lye and therefore could not but be credited by every Honest Man for he that is Vertuous himself believes the same of another But this Answerer according to the fullness of his Heart vomits out these and the like Expressions And yet saith he the work of Misdemeanours committed by the worst of all his Favourites he hath from time to time continued owned and taken upon himself by publick Declarations as often as any of his Instruments felt themselveâ— over-burthen'd with the Peoples Hatred And ye as publick as they are he instances not in any one Particular by which to have examin'd it A Favourite is the same to a King that a Friend is to a Private Man he may unburthen himself to him and it is not the Crowd but agreement makes the Company Nor are all Men of like Merit more than they are of Face and therefore if a King say Euge bone Serve must our Answerer's Eye be evil because the King 's is good But the point lies not there They are not piqu'd that the King might have Favourites but that themselves are not those Favourites and consequently wanting Vertue in themselves not only envy it in others but strike at the Prince through the Sides
about Six Thousand tumultuously flock to Westminster crying Justice Justice against the Earl of Strafford Which within a day or two they second with a Petition On which the Earl less valuing his Life than the quiet of the Kingdom writes a Letter to the King whereby to set his Conscience at Liberty and by his own Consent prays him to pass the Bill which in a few days after was by Commission to the Earl of Arundel and three other Lords accordingly done with this Proviso That no Judge or Judges c. shall adjudge or interpret any act or thing to be Treason nor hear or determine any Treason any other way than they should or ought to have done before the making of this Act and as if this Act had never been had or made A modest Confession and that nothing but an Act of Parliament could affect him Nor unlike that Clause in an Ordinance of the King and Lords for the Banishment c. of the Lady Alice Pierce a Favourite of King Edward the Third's viz. That this Ordinance in this Special Case Mr. Seldâ—n's Privilege of Baronage 71 which may extend to a Thousand other Persons shall in no other case but this be taken in Example However after the Bill was pass'd the King as deeming They will reverence my Son wrote a Letter to the House of Lords with his own Hand and sent it by the Prince of Wales in which he interceeds for that Mercy to the Earl which many Kings would not have scrupled to have given themselves But 't was resolv'd and nothing would do And thus between Accumulative and Constructive Treason nor better prov'd than I have shewn before Sic inclinavit heros caput Taken from Mr. Cleveland Belluae multorum Capitum Merces favoris Scottici praeter pecunias Nec vicit tamen Anglia sed oppressit Or if my Reader had rather have it in English take it from that happy Flight of Sir Richard Fanshaw on that Occasion And so fell Rome herself oppress'd at length By the united World and her own Strength And yet not to leave his Memory in the Dust there is an Act of Parliament that vindicates all I have said in the matter and that is The Act for reversing this Attainder 13 14. Car. 2. c. 29. which says thus That the Bill of Attainder was purposely made to Condemn him upon Accumulative and Constructive Treason none of the said Treasons being Treason apart and so could not be in the whole if they had been prov'd as they were not And the Act further says It was procured by an armed Tumult the names of Fifty nine of the Commons that opposed the Bill posted by the name of Straffordians and sent up to the Peers at a time when a great part of them were absent by reason of those Tumults and many of those present protested against it For which Causes and to the end that Right be done to the Memory of that deceased Earl it was enacted c. That the said Act c. be repeal'd c. And all Records and proceedings of Parliament relating to the said Attainder be cancell'd and taken off the File c. to the intent the same may not be visible in after-Ages or brought in Example to the prejudice of any Person whatever Provided that this Act shall not extend to the future questioning of any Person c. however concern'd in this Business or who had any hand in the Tumults or disorderly procuring the Act aforesaid c. A shrewd suspicion that they thought that Act of Attainder was not so regularly obtain'd as it ought to have been for if it had what needed that Proviso And having duely considered this Act I think the Wonder will cease why the King was so dissatisfied in his Conscience touching the giving his Assent to that Bill of Attainder His Speech on the Scaffold or that the Lord Capel so publickly begg'd forgiveness of God for having given his Consent toward it At least I presume it may startle any Man that from such repeated Calumnies has not yet come to be of our Answerer's Opinion That there may be a Treason against the Commonwealth as well as against the King only A Treason not mention'd in 25 Edw. 3. or in any Statute since saving those of the late Usurper's making inasmuch as no Estate or Estates of the Realm make any thing of themselves but as joyned to their Figure the King And therefore passing the King 's most detested Conspiracy as he calls it against the Parliament and Kingdom by seizing the Tower of London bringing the English Army out of the North c. I leave him and his Stuff together and come to the Third CHAP. III. Vpon His going to the House of Commons I Said ere-while His Majesty might think the Lords would reverence his Son nor was in to be doubted whether the Commons would himself Especially considering the business he went about It was faith the King to demand Justice upon the Five Members whom upon just motives and pregnant grounds I had charged and needed nothing to such Evidence as could have been produced against them save only a free and legal Tryal which was all I desired Which fill'd indifferent Men with Jealousies and Fears yea and many of my Friends resented as a motion rising rather from Passion than Reason See says our Answerer He confesses it to â—an act which most Men whom he calls his Enemies cried shame upon indifferent Men c. as before He himself in one of his Answers to both Houses made profession to be convinc'd that it was a plain breach of their Privilege Yet here like a rottâ— Building newly trimm'd over he represents it speciously and fraudulently to impose upon the simple Reader c. Words insolent enough without adding the rest though it had not been from his Matter if he had told that simple Reader in which Answer of his Majesties he might have found that Profession However for the discovery of the Truth on both sides it may not be amiss to make a few steps backward that considering the occasion we may the better judge of the thing It had been advis'd to the King by the then Privy-Council of Scotland to send the Book of Common-Prayer to be receiv'd and us'd in all Churches of that Kingdom The King's Declaration 1639. which was accordingly order'd And in the Month of July 1637. publickly read in the great Church of Edinburgh The Kirkmen took fire at it nor wanted there some in England to fan the Flame which in a short time got that head that they invade England but finding the design not ripe enough yet they humbly submit and the business is smother'd Whereas had those smoaking Brands been sufficiently quench'd they had not made a greater Eruption the next Year During this time the King had gotten into the matter and calls this Parliament with a real intention of quieting all They begin where the last Parliament
left Complaints of Grievances Innovations in Religion Growth of Popery and Arbitrary Power and single out the Earl of Strafford for an example of their Justice The King I said was got into the matter and had discover'd whose Correspondencies and Engagements they were that had embroil'd his Kingdoms and ordered his Attorney to draw a Charge of High-Treason against the Lord Kimbolton Mr. Pym Mr. Hanbden Mr. Hollis Sir Ar. Haslerigg and Mr. Strode Which was accordingly done and the substance of it is this That they have Traiterously endeavour'd to subvert the Fundamental Laws of this Kingdom Saudeâ—sin's Hist of K.C.I. Fol. 473. and to deprive the King of his Power That they have endeavoured by foul Aspersions to alienate the Peoples affections from the King That they have traiterously invited and encourag'd a foreign Power to invade His Majesties Kingdom of England That for the compleating their traiterous designs they have actually rais'd and countenanc'd Tumults against the King and Parliament And that they have traiterously conspired to levy and actually have levied War against the King Nelson 2d Part F. 811. ad idom On this the King having first demanded them of the House by a Serjeant at Arms a Warrant is granted to apprehend them but missing their Persons Id. Fol. 514. their Trunks are seiz'd and seal'd up While this was yet doing the Commons had notice of it and thereupon Vote That on all like occasions for the future any Member might call a Constable to his assistance defend himself and seize all such Persons The next Morning the King goes to the House with part of his ordinary Guard of Pensioners and orders them to stay without and having rested himself in the Speaker's Chair told them He came to demand five Persons whom he had accused of High Treason Id. Sander Fol. 474. And though no King that ever was in England could be more tender of their Privileges that yet they knew there was no Privilege against Treason So Sir Fâ— Coke a â—â—st 25. And looking round him I see faith he they are gone But assured them in the word of a King that he never intended any force but to proceed against them in a legal fair way and therefore expected the House would send them to him and so went off Nor was he yet out of hearing when the general Cry was Privilege Privilege And the next day they Vote this coming of the King a breach of Privilege and adjourn for a Week into London there to sit as a General Committee pretending they were not safe at Westminster and though the King afterwards wav'd their Prosecution would not be satisfied unless he also discover'd who gave him that Counsel to come to the House as if it were not enough that he for bore his Enemies without he also betray'd his Friends Upon this Tumult upon Petition and Petition upon Tumult daily encreasing the King Queen Prince and Duke retire to Hampton-Court the Members in the mean time passing to and from Westminster with Hundreds of Boats Flags Seamen Rabble and Huzza's as they pass'd by Whitehall And now again judge any sober Man between the King and them The King to avoid the ill consequence of a denial gave his Assent to the Bill of Attainder against the Earl of Strafford He demands Justice against the five Members and 't is refus'd him If they were guilty why were they protected against him And if not guilty why did they not clear themselves The King came to the House with an attendance short of his ordinary Guard and it was Voted a Breach of Privilege They had their armed Tumults of Six Thousand at a time to awe the King's Friends and no notice taken of it but rather encourag'd Whereas it is Lex consuetudo Parliamenti That wheresoever the Parliament is holden Sir F. Coke 3 Inst 160. there ought to be no wearing of Armour exercise of Plays games of Men Wothen or Children much less Riots What shall I add They in the Year 1647. submitted eleven of their Members to the impeachment of an Army after that their House to be garbled and when contrary to the Fundamental Laws of this Kingdom they had voted themselves the Legislative Power of the Nation as tamely submitted to be turn'd out by their Journey-Men And yet when the safety of the Nation was at stake insolently contend nay mate it with their Sovereign And therefore weighing altogether in a true Balance judge I say wherein the King was to blame or where lay this breach of Privilege And for what His Majesty's Intention in this matter was besides what has been before urg'd take this further from himself where he says If he purpos'd any Violence or Oppression against the Innocent then let the Enemy persecute my Soul tread my Life to the Ground and lay my Honour in the Dust To which this Accuser thus What needs there more disputing He appeal'd to God's Tribunal and behold God hath judged and done to him in the sight of all Men according to the Verdict of his own Mouth Whereas in Common Humanity as a Man Charity as a Christian Reverence to him as a King and Duty as his King he might and that truly have said 2 Sam. 3.34 As a Man falleth before wicked Men so fell'st thou The Breath of our Nostrils Lam. 4.10 the Anointed of the Lord was taken in their Pits of whom we said under His shaddow we shall live among the Heathen CHAP. IV. Vpon the Insolency of the Tumults WHat and how frequent the Tumults of London and Westminster that follow'd the convening of this Parliament were is obvious enough to every Man that knows the least of our own Story and how aptly His Majesty has compar'd them not to a Storm at Sea which yet wants not its Terror but an Earthquake which shakes the very Foundations of all may be also as visible from the too sad effects of them Earthquakes the more general they are do less hurt by reason of the united weight which they offer to subvert whereas narrow and particular Earthquakes have many times overturn'd whole Towns and Cities And such was the Case here The Kingdom as yet stood well enough witness those the Nobility and Gentry who out of a principle of Honour and Honesty adhered to the King Some humours t is true might glow and estuate in the Body but they were not yet got into the Head That Ricketty Head that was already swoll'n too big for the Body But when they once discover'd that Vent all gather'd to it and shook those Foundations which the Wisdom of so many Centuries had been laying and securing as I shall come to show presently In the mean time our Answerer for what concerns the King's Words says The matter here is not whether the King or his Houshold Rhetorician have made a Pithy Declamation against Tumults but first whether they were Tumults or not next if they were whether the King himself did not
and to themselves the Hands of Briarius they think themselves able enough to lessen him in his Power and as preparatory to it they first procure an Act of Parliament that they should not be Dissolv'd or Prorogu'd but by Act of Parliament And which is remarkable that very day on which his Majesty Sign'd the Commission for giving his Assent to the Bill for the Earl of Strafford's Attainder And having in a manner necessitated him not to deny any thing they get his Assent to those several Bills before mentioned Chap. 1 Concessions one would have thought might have satisfied any sort of Men but those that were Pre-resolv'd not to be satisfied with any thing Nor did the King in the least doubt their being satisfied and therefore makes a Journey into Scotland to satisfie his Subjects there Aâ—â— 1641. as he thought he had done here and they all seem'd to be so especially as to the matter of Episcopacy which they saw was tumbling beyond a Recovery During this His Majesty's absence the Houses adjourn to the 20th of October three days after which the Rebellion of Ireland broke out The 25th of November the King returns to London as yet welcom'd with the full Acclamations of the People tho' he met not any suitable Reception from the Parliament who instead of having swept out the old Leven had prepar'd new However the King having call'd them together the Second of December recommends to them the raising Succours for Ireland and on the Fourteenth again press'd it and withal told them he took notice of a Bill that was then in agitation to assert the power of Levying and Pressing Soldiers to the two Houses which he was content should pass with a Salvo jure to him and then because the present time would not admit the disputing it and one would have thought that when the King came so near they might have met him half way But instead of that they send him a Remonstrance the next day in which they complain of the Designs of a Malignant Party which by their Wisdom had been prevented and running on with the old Cry against Papists Bishops and Evil Counsellors magnifie themselves in what they had done for the good of the Kingdom and cause it to be Printed About this time it was that the King had come to the House and they adjourn'd into London as before when upon their return to Westminster they Petition the King for a Guard out of the City to be commanded by the Earl of Essex a Gentleman who upon the account of his Father in Queen Elizabeth's time the business of the Nullity in King James's time and the little notice that had been taken of him at Court till now of late he had been made Lord Chamberlain was a Discontent July 29.1641 and conseâ—uently a Darling of the People as pretending â—â—ey could not otherwise sit it safety Which â—â—e King as well he might thought not fit to â—ant inasmuch as it look'd so like a Force against himself and afterwards prov'd so when they made him their General But withal let them know that if there were any such occasion he would command such a Guard to wait upon them as he would be responsible for to God Almighty On this the Militia of Westminster by Petition to the House of Commons offer them their Service Id. Nalson Part 2. Fol. 839 and 840. when it shall please them to commanâ— it The Lord Mayor Aldermen and Common-Council of the City of London by Petition to the King representing amongst other things His going to the House c. Pray thaâ— the Tower may be put into confiding Hands anâ— a Guard be appointed for the Parliament or of the City which was insolently seconded bâ— the disorderly conflux of a Rabble about White hall and Westminster And that the House might not be wanting while the Iron was hoâ— they Petition the King that the Tower 〈◊〉 London all other Forts and the whole Militâ—â— of the Kingdom be put into the Hands of sucâ— Persons as should be recommended to him 〈◊〉 both Houses Which his Majesty as justly bâ— might refused to grant and for the Security of his Person withdrew to Hampton-Court And now from the whole let any indiffereâ— Man say for me first whether these disordeâ—â— Proceedings were not Tumults and next 〈◊〉 they grew to be so how the King can be said to be the cause of them himself For though those hostile Preparations and actual assailiâ— the People which our Answerer says gave the just cause to defend themselves might perhapâ— have been somewhat in the Case if those Peoplâ— had not been the Aggressors yet when as himself confesses the King had sent a Message into the City forbidding such Resorts what made they there Nor can these Hostile Preparations and actual assailing the People be other than what the Lord Mayor c. in their Petition to the King represent viz. His fortifying Whitehall and the wounding some Citizens Which His Majesty thus answers Id Nalson Part 2. Fol. 839 and 840. That as to the former his Person was in danger by such a disorderly conflux of People and withal urges their Seditious Language even at his Palace Gates And for the other that if any were wounded it was through their evil Misdemeanours And therefore to make it no more than the Case of a common Person every Man's House is his Castle and if a confus'd Club-rabble gather about it Cum kickis friskis horribili sonitu the Gentleman of the House commands his Servants to beat them off and in the doing it some of the Assailants are wounded nay put it further kill'd And what can the Law make of it That it was an unlawful Assembly I should not have minc'd it a Rout it is manifest and that what the Servants did was in defence of their Master is also as evident Sir Ed. Coke 3 Inst Let the Rule of Law cut between us Quod quis ob tutelam Corporis sui fecerit id jure fecisse videtur Whatever a Man does in defence of his Person the Law presumes it to have been done Legally O but you 'll say It was not the Master himself A Thief assaults a Gentleman in his House or upon the Road the Gentleman's Servant in defence of his Master kills the Thief he forfeits nothing And if this holds in the case of a common Person how much more then in Case of the King And lastly where he says Instead of Praying for his People as a good King should do he Prays to be deliver'd from them as from wild Beasts Inundations and Raging Seas that had overborn all Loyalty Modesty Laws Justice and Religion God save the People from such Intercessors I think A gente inimica dolosa libera me Domine From an evil and perverse Generation deliver me O God! might have very well become any honest Man's Prayer concerning them For in their Malice they slew their King and in their
Self-will they broke down a Wall CHAP. V. Vpon His Majesty's passing the Bill for the Triennial Parliaments and after settling this during the Pleasure of the two Houses PArliaments saith Sir Robert Cotton are the times in which Kings seem less than they are His Reign of Hen. III. p. 1 and Subjects more than they should be A smart Character whether we respect those Paaliaments of Henry the Third of whom it was spoken or that Parliament of 1640. of which we are now speaking And yet they are become so congenial and as it were bred up and embodied with the English Temper which as it naturally relishes nothing but what comes from them so it rarely disputes any thing that is transacted by them that some have thought this might be one reason that inclin'd His Majesty to pass these Bills though for my part I 'll believe no Man against the King when he says That the World might be confirm'd in my Purposes at first to contribute what in Justice Reason Honour and Conscience I could to the happy Success of this Parliament which had in me no other design but the general good of my Kingdoms I willingly passed the Bill for Triennial Parliaments Which as gentle and seasonable Physick might if well applied prevent any Distempers from getting any head or prevailing especially if the Remedy prov'd not a Disease beyond all Remedy And as to the other for settling this during the Pleasure of the Houses An Act saith the King unparallell'd by any of my Predecessors yet granted on an extream Confidence I had that my Subjects would not make an ill use of an Act by which I declar'd so much to trust them as to deny my self so high a Point of my Prerogative c. Whereas saith our Answerer He attributes the passing of them to his own Act of Grace and willingness as his manner is to make Vertues of his Necessities he gives himself all the Praise and heaps Ingratitude upon the Parliament to whom we owe what we owe for those beneficial Acts but to his granting them neither Praise nor Thanks No! and by what Law I would fain know is the King obliged to pass every Bill that is offered him He swears 't is true to defend the Laws i. e. Such Laws as are then in being but that obliges him to no futurity in granting every thing whether good or bad that shall be offer'd him And therefore unless he had shewn at least some one Act of Parliament that had not the Royal Assent to it he might with more Modesty have acknowledged that it was in the King's Option whether to have passed these Acts or not Sir Ed. Coke 4 â—â—nst 25. because neither of the Houses singly not both of them together can make any binding Law without the King's Concurrence which gives the Embryo Life and quickens it into 〈◊〉 Law But saith he The first Bill granted lesâ— than two former Statutes yet in force by Edward the Third that a Parliament should be called every Year or oftner if need were Very well anâ— there being no more in it it is somewhat strange methinks how the King could be necessitated to the passing it or that the Houses eveâ—â— desired it When all that he says to it is Thaâ— the King conceal'd not his unwillingness in testifying a general dislike of their Actions and told theâ— with a Masterly Brow that by this Act he had obliged them above what they had deserved And truly if the King had said it or given thaâ— Masterly Brow for which yet he brings nâ— Voucher but himself those subsequent Acts oâ— Parliament which repeal'd both these Acts have sufficiently evidenc'd their particular dislike of them also in that they nulled them And how well they were pleas'd with their Persons or their Actions the Statute of the 12th of Charles the Second before-mention'd may satisfie any Man And as to the other Act for settling their sitting c. The King saith he had by his ill Stewardship and to say no worse the needless raising of two Armies intended for a Civil War beggar'd both himself and the Publick Left us in score to his greedy Enemies their Brethren the Scots to dis-engage which great Sums were to be borrow'd which would never have been lent if he who first caused the Malady might when he pleas'd reject the Remedy And from thence and other the like dross meerly thrown in to help out Weight which yet he never gives he comes to this That it was his Fear not his Favour drew that first Act from him lest the Parliament incens'd by his Conspiracies against them should with the People have resented too heinously those his doings if to the suspicion of their danger from him he had also added the denial of this only means to secure themselves And now to examine it a little he charges the King with the needless raising two Armies intended for a Civil War What the Houses then intended was afterwards visible by its Effects a Civil War But that the King should intend it and at the same time divest himself of his Power is manifestly ridiculous For as he says himself 1641. this Bill was pass'd in May whereas the King besides his Journey into Scotland retired not from Whitehall till above half a Year afterwards and when he left it considering their respective Conditions might have as truly said Cum baculo transivi Jordanum istum And how then could he intend a Civil War Having as our Accuser says so beggar'd himself For what concerns the King's Enemies and their dear Brethren I refer it to its proper Place And for what relates to the Sums of Money to be borrow'd besides what I have already shewn how they were dispos'd of Chap. 1 I add this That they could not have put the Kingdom into a Posture of a Defence i. e. â—â—â—'d a Rebellion without it And withal considering that the King set not up his Standard till the August following 1642. he must have been much shorter sighted than our Answerer all along endeavours to make him to have design'd a War without Sir Edward Coke's Materials Firmamentum belli Ornamentum pacis which the Houses having taken his Revenue into their Hands all the World knew he wanted But the 〈◊〉 â—ot yet run to the end of the 〈…〉 King taxes them for undoing what they found well done Yet knows they undid nothing but Lord Bishops Liturgy Ceremonies c. judged worthy by all Protestants to be thrown out of the Church But what Protestants were they that so judg'd it Those of the Church of England were I am sure of another Opinion and the temporal Laws of the Kingdom had sufficiently establish'd them And therefore since Interest had so blinded his Intellect that he world not see were he now living I could tell him wherein they had undone what they found well done And because there are many yet in being who perhaps may be willing enough to be satisfied
in the matter I shall not be shie in it It is and ever was the Law of England that the sole supream Government Command and Disposition of the Militia and of all Forces by Sea and Land and of all places of Strength is and ever were the undoubted Right of His Majesty and of his Royal Predecessors Kings and Queens of England Or else what means that of Fitz-Herbert Nat. Brev. p. 113. It is the Right of the King to defend his Kingdom To make Leagues and denounce War only belongs to the King 7 Coke 2â— as a Right of Majesty which cannot be conferred upon any other And how can he do it without the power of the Sword that is the sole Command of the Militia To levy War within the Realm without Authority from the King unto whom it only belongeth Id. Coke 3 Inst 9. was High Treason at the Common-Law before the Statute de proditionibus 25 Ed. 3. And a latter Statute not introductive of a new Law but declaratory of the old Law has the very Words touching the sole Command of the Militia 13 Car. 2. c. 2. c. before-mention'd with this farther That both or either of the Houses of Parliament cannot nor ought to pretend to the same nor can or lawfully may raise or levy War offensive or defensive against his Majesty his Heirs and lawful Successors Short View c. Fol. 86. And was confest by themselves when they acknowledg'd the Militia an inseparable Flower of the Crown and subject to no command but his Authority And yet contrary to this known Law these two Houses not only Petition the King That the Tower of London c. as before be forthwith put into such Hands as shall be recommended to him by both the Houses but upon his recess from Whitehall send him a Peremptory Petition That unless the King by those Commissioners then sent assure them of their former desires Mar. 1. 1641. Rushw Col. Fol. 92. they shall be enforced to dispose of the Militia by the Authority of both Houses which upon the King's refusal Sir Will. Dugdale 's Short View p. 85. they Vote a Denial and dispose of it themselves And now they begin to unpin the Mask and publish a Declaration wherein they say That what the Houses declare for Law ought not to be question'd by the King That the Sovereign Power resides in both Houses That the King ought to have no Negative Voice That Treason cannot be committed against the King's Person otherwise than as he is entrusted with the Kingdom and discharges that Trust and that they have a Power to judge whether he hath discharged that Trust or not 7 Coke 11. Fine dainty Law And the Spencers Treason in Edward the Second's time but better improv'd In the May following they fall a-branching it into nineteen Propositions Rushw 307. V. The Statutes at large many of which are but the substance of those Acts pass'd by Edward the Third in the fifteenth of his Reign and revoked by him the same Year as derogatory to his Crown and send them to the King which being refus'd by him they Vote The King intended a VVar upon them and thereupon raise an Army and suffering the Mask to drop off make Essex General thereof 12 Jul. 42. and farther Vote They will live and die with him On which the King sets up his Standard at Nottingham the August following Nor will I carry it further at present because I design not a History but only to shew which of the two the King or the Houses intended a Civil VVar and whether they did not undoe what they found well done In short their Endeavours were to strip the King of what God and the Law had given him the King 's was but to keep what he ought to have and therefore viewing both by a true light How can the King be justly charg'd with intending a VVar when it was in a manner but a suing for his own CHAP. VI. Vpon his Majesty 's retirement from Westminster WITH what unwillingness saith His Majesty I withdrew Westminster let them judge who unprovided of Tackling and Victual are forced to Sea by a Storm yet better do so than venture splitting or sinking on a Lee-Shoar And if the Parallel held not in all its Parts our Answerer had done well to have shewn in which it fell short whereas instead thereof he only says He was about to have found fault with the Simile as a garb somewhat more Poetical than for a Statist and finds it the strain of other of his Essays But what 's this to the matter farther than that in the Words His Essays a Truth slipt from him unawares in confessing them to have been written by the King and not by his Houshold Rhetorician as before But to the Argument saith he and I follow him with this by the way to my Reader That he would consider how the Houses had depriv'd the King of his Friends disrobed him of his Power trampled his Authority affronted his Person baited him with a Rabble and left him nothing but what could not be taken from him a good God and the satisfaction of a Conscience founded on a Compositum jus fasque animo Sanctosque recessus Mentis incoctum generoso pectus honesto And then tell me in what condition he was when he left Westminster I stay'd at Whitehall saith His Majesty till I was driven away by Shame more than Fear to see the barbarous rudeness of those Tumults c. a thing so true for matter of Fact that being not able to deny it our Answerer turns it thus That in the whole Chapter next but one before this the King affirms That the danger wherein his Wife his Children and his own Person were by those Tumults was the main cause that drove him c. Whereas what the King and that but in one place of that Chapter says of it is this That he thought himself not bound to prostitute the Majesty of his Place and Person and the safety of his Wife and Children to those who are prone to insult most when they have objects and opportunity most capable of their rudeness and petulancy With this other from Digby as he calls him who knew his Mind as well as any That the principal cause of his Majesty's going thence was to save them from being trod in the Dirt. And where in the name of Goodness lies the Contradiction The Tumults were such they might have been call'd Legion and well make a King asham'd to see them and not be able to disperse them But a direct Fear it could not be in him whom Ille timorum Maximus hand urget Lethi timor and who refused Life at the price of an inglorious Submission And yet in the Case of a private Person was not this ground enough to apprehend a danger and the consequence of it to be trod in the Dirt How much more then in the Case
of a King A King of England of whose Predecessors the Parliament of England had declar'd That they could not assent to any thing that tended to the dis-inherison of the King and his Crown Sir Ed. Coke 4 Inst 14. whereunto they were Sworn But what could the wisest of Men say to it when the Parliament and the Rabble were both of a side And whether they were so or not witness those Tumultuary Routs from the Men of Essex Colchester Devon Somerset Middlesex Hartford Sir W Dagdale's Short View Fol. â—5 London Apprentices Seamen nay the very Women and all for putting the Kingdom into a Posture c On which follow'd those several Associations for suppressing the Popish Malignant Party though in truth it was to pursue the King with all vehemence Id. Dagd 113. for such are the Words of Essex's Letter to the Houses near that time Nor were the Black Cloaks less wanting to their Parts they could blow the Bellows well enough tho' they car'd not how little they wrought at the Forge And therefore seeing the Reverence of his Government was lost with the People and the Great Ones moving at another rate quam ut Imperantium meminissent 〈◊〉 As it was no less than time for His Majesty to retire and pray for fair Weather so our Answerer instead of snarling and catching at his Words might have suffer'd him to depart in Peace But to go on with him I am saith the King not further bound to agree with the Votes of both Houses than I see them agree with the Will of God my Rights as a King and the general good of my People And better for me to die enjoying this Empire of my Soul which subjects me only to God than live with the Title of a King if it carry such a Vassallage with it as not to suffer me to use my Reason and Conscience in which I declare as a King to like or dislike An use of Reason saith our Answerer If he thereby means his Negative Voice most reasonless and unconscionable and the utmost that any Tyrant ever pretended over his Vassals For if the King be only set up to execute the Law which is indeed the highest of his Office he can no more reject a Law offer'd him by the Common than he can new-make a Law which they reject And yet as reasonless and unconscionable as he pretends to make it this Negative Voice is and ever has been the undoubted Right of the Kings of England For besides what I had the occasion to speak to this matter before it is no Statute if the King assent not to it Because if it were all those Bills that have passed both Houses and for want of the Royal Assent lie buried in Oblivion might as occasion serv'd be trump'd up for Laws And if he may dis-assent it is a sufficient Proof of this Negative Voice and that he may refuse or ratifie as he sees cause And withal shews where this Legislation lies though the use of it be restrained to the consent of both Houses whose Rogation which is exclusive of all co-ordinate Power preceeds the Kings Ratification Then for his if the King be only set up c. If this if be false his whole matter falls with it And that it is so I thus prove it The Parliament-Roll 1 Edw. I. n. 8. says That upon the decease of King Richard the Second 9 Edw. 4. Fol. â— 6 the Crown by Law Custom and Conscience descended and belonged to Edmund Earl of March under whom King Edward the Fourth claimed And Henry the Fourth who had usurp'd upon King Richard the Second makes no other Title but as Inheritor to King Henry the Third Sir J. Hayward's 1st year of â—â—n 4. So the Parliament of the first of King James the First Recognize as say they we are bound by the Law of God and Man the Realm of England and the Imperial Crown thereof doth belong to him by Inherent Birthright and lawful and undoubted Succession The same also for Queen Elizabeth 1 Eliz â— 1. as to her Which shews that Kings are neither set up by the People nor have the Titles to their Crowns from the two Houses but by Inherent Birthright Which needs no setting up And so I think what depends upon this if sinks with it though I shall have a further occasion to speak to it in his next Paragraph And here he taxes the King for saying He thinks not the Majesty of the Crown of England to be bound by any Coronation Oath in a blind and brutish formality to consent to whatever its Subjects in Parliament shall require But where does the Law of England say the King is so bound Tho' yet out Answerer is pleas'd to say What Tyrant could presume to say more when he meant to kiâ—â— down all Law Government and Bond of Oath Least considering what his Majesty subjoyns viz. I think my Oath fully discharg'd is that Point by my Governing only by such Laws as my People with the House of Peers have chosen and my self consented to Nor did the Coronation Promise See the Oath in every Hist of his Reign or Oath oblige him to more than To hold and keep the Laws and rightful Customs which the Commonalty of this his Kingdom have and to defend and uphold them to the Honour of God so much as in him lay Whereas had there been any Obligation upon him to have consented to whatever the Parliament shall require it is not to be doubted but it would have been expressed in the Oath as it is not And yet our Answerer less doubts to say That that Negative Voice to deny the passing of any Law which the Commons chuse is both against the Oath of his Coronation and his Kingly Office in that he makes himself Superiour to his whole Kingdom which our standing Laws gainsay as hath been cited to him in Remonstrances That the King hath two Superiors the Law and his Court of Parliament An excellent Proof in the mean time But we 'll examine it a little The Common-Law saith Omnis sub Rege Sir E. Coke 1 Inst 1. c. Every Man is under the King and he under none but God And to the same purpose Bracton Lib. â— Ed. 55. 2 Inst 496. from whom he quotes it His Prerogative is a part of the Law of the Land All offences are said to be against the Peace of our Sovereign Lord the King c. The Laws of England are call'd the King's Laws The Parliament as is confess'd to my hand his Parliament And therein also the King is sole Judge 22 Ed III. 3. the rest but Advisers His is the power of Calling Proroguing and Dissolving them 4 Inst 46. Id. Inst 3. And by his Death they are dissolv'd of course And why all this but that the King is Principium Caput c. The beginning the head and end of a Parliament As he is also the Head of
the Commonwealth And of the Law 1 Inst 73. Id. Inst 99. which he is presum'd to carry in Scrinio pectoris sui And then for the Statute-Law besides those Statutes that call the Kingdom the Kings Ligeance 27 Ed. 3. c. 1. 10 11. R. 2. c. 1. 25. H. 8. c. 3. the King Liege Lord the People his Leige Men it is further declared 16 R. 2. c. 5. That the Crown of England hath been ever so free that it is in no Earthly Subjection but subject to God in all things touching the Regality of the same Crown and to none other So that of Henry the Eighth which says That by sundry old Authentick Histories and Chronicles it is manifestly declar'd and expressed that this Realm of England is an Empire govern'd by one Supream Head and King 24 H. 8. c. 12. unto whom both Spiritualty and Temporalty are bound and owen to bear next to God a natural and humble Obedience And in another of the same King 25 H. 8. c. 21. the Crown of England is called An Imperial Crown recognizing no Superiour under God but only your Grace i. e. the King Which Statutes being declaratory Statutes as others of that kind made in affirmance of the Common-Law are a guide in praeteritis 2 Inst 308. as saith Sir Edw. Coke and shew us what the Law as before the making of those Statutes Which I the rather urge because our Answerer makes such a sputter about the old Law though as well here as generally throughout his Book he has an odd way with him of keeping it to himself However if this be to have a Superiour be the Superiour he that will and keep it without Envy And for what concerns me I hope I have prov'd that the King of England has no Superiour but God and that neither the Law nor his Coronation-Oath require his undeniable Assent to what Laws the Parliament agree upon but that he may well refuse them without the Imputation of Incomparable Arrogance aâ—â—Vnsufferable Tyranny as he is pleas'd to term it One thing I had forgot Suppose the King had never been Crown'd by which means he could not have taken the Coronation Oath was he the less King for that I should think not And if I am mistaken 3 Inst 7. Sir Edw. Coke was mistaken before me when he says The King iâ— King before Coronation So 7 Coke Calvin's Case and Coronation is but an Ornament or Solemnity of Honour Which in other Words may amount to this That he promises no more at that time that what he was morally pre-oblig'd to do viz. To discharge that Duty honourably which the Laws of God and Nature had requir'd of him without that Royal Promise CHAP. VII Vpon the Queen's Departure and Absence out of England AND truly this Chapter being but a kind of Re-capitulation of the mutual Endearments between the King and his Queen whose Sympathy with his Afflictions had assur'd him and might the World that she lov'd him and not his Fortunes might one would think if not for the King 's have for her own sake escap'd his Venom but poor Lady she was the King's Wife and Malice like Fear where it finds no real Object will be sure to create one And truly it was once in my Thoughts to have spoken more at large to it and had done it but that I fear'd even Truth it self might incurr the suspicion of Flattery What my end was in making this Reply I have already shewn it was to vindicate that good King from this ill Man's Calumnies and the Method I have taken in it has been from the History of that time and the Prior Law of the Land as it came in my way and therefore not to break that Method as I find him hereafter running wide of that Matter I shall purposely leave him as I do at present CHAP. VIII Vpon His Majesty's repulse at Hull and the Fates of the Hothams THIS my repulse at Hull saith the King was the first overt Essay to be made how patiently I could bear the loss of my Kingdoms The hand of that Cloud which was soon after to over-spread the whole Kingdom and cast all into disorder and darkness Which how Prophetically true it was the miserable effects of it both before and since the Restauration have too visibly spoken it And yet our Answerer thus slubbers it over That Hull a Town of great Strength and Opportunity both to Sea and Land Affairs was at that time the Magazine of all those Arms which the King had bought against the Scots The King had left the Parliament and was gone Northward The Queen into Holland where she pawn'd and set to Sale the Crown Jewels a Crime heretofore counted Treasonable in Kings and to what purpose the Parliament was not ignorant and timely sent Sir John Hotham Knight of that County to take Hull into his Custody and some of the Train'd-bands to his Assistance and seeing the King's Drift in raising a Guard for his Person send him a Petition that they might have leave to remove the Magazine of Hull to the Tower of London which the King denies and soon after goes to Hull with Four Hundred Horse and requires the Governour to deliver him up the Town whereof the Governour prays to be excused till he could send notice to the Parliament who had entrusted him and the King being incens'd at it Proclaims him a Traytor before the Town Walls and demands Justice of them as upon a Traytor who declare that Sir John Hotham had done no more than his Duty and therefore was no Traytor And this is the Substance of his 57. 58. 59 Pages How and by their own Authority which was none the Houses had rais'd an Army and made Essex General I have already shewn and though the King had not yet set up his Standard he knew he had a Magazine at Hull which might either help to defend himself or certainly annoy him if it fell into his Enemies Hands and therefore in order to a Self-Preservation takes a Journey to York where the Parliament had been before him with a Committee then lying there as Spies upon his Actions However upon Petition of that County to have the Magazine of Hull to remain there for the greater Security of the Northern Parts His Majesty thought fit to take it into his own Hands and appointed the Earl afterwards Duke of Newcastle to be Governour of Hull but the Townsmen had been so influenc'd by that Committee that they refused the Earl The Queen also had borrow'd some Moneys of the Hollanders upon the Crown Jewels a Crime heretofore counted treasonable in Kings but not a word of when or by what Law not in the least considering the Crown it self was the King's or how the King of England could commit Treason against himself The Houses during this time wanting no Intelligence from their Committee nick the Opportunity and send down Sir John Hotham who was receiv'd as
That the Lord High-Steward of England Lord High-Constable Lord Chancellor Nine other Principal Officers the Two Chief Justices and Chief Baron be always chosen with the Approbation of Both Houses and in the Intervals of Parliament by the Major Part of the Council The same may be said to this as to the First with this farther that though the like had been often attempted it never continued longer than the Rebellion that set it on foot 4. That the Government of the King's Children be committed to such as Both Houses shall approve of and in the Intervals of Parliament by the Privy Council And the Servants then about them against whom the Houses have just Exception to be removed This had been to abridge the King of that Privilege which the meanest of Subjects has in his Family nor had themselves yet try'd it in theirs 5. That no Marriage for any of them be treated or concluded without Consent of Parliament The same also here as to the Fourth 6. That the Law in Force against Jesuits Priests and Popish Recusants be strictly put is Execution And where had the King ever refused it 7. That the Votes of Popish Lords in the House of Peers be taken away This had been to take away their Birth-right a Right as ancient as any thing but the Monarchy it self 8. The the King will be pleased to reform the Church-Government and Liturgy as both Houses shall advise This had been already settled by several Acts of Parliament 9. That he would rest satisfied with what they have done for ordering the Militia and recall his Declarations and Proclamations against it This confesses an Usurpation upon the King 's Right and in that who began the War For if it were not so what need was there for the King to recall his Declarations c. when in doing it he had made himself Guilty of the War and all the Blood therein spill'd 10. That such Members as have been put out of any Place or Office since this Parliament began be restored or have Satisfaction But how does this agree with the Self-denying 11. That all Privy Counsellors and Judges take an Oath to be settled by Act of Parliament for the Maintenance of the Petition of Right and certain Statutes made by them The Judges are ex Officio oblig'd to take notice of a General Act of Parliament and such the Petition of Right is but who knew what those Acts of this Parliament might be 12. That all Judges and Officers plac'd by Approbation of the Houses may hold their Places quamdiu se bene gesserint To the intent that if any Confiding Person how Ignorant or Factious soever had been approv'd by them it should not be in the King's Power to remove him without a Sute at Law in which themselves or their Creatures were sure to be Judges 13. That all Delinquents whether within the Kingdom or fled out of it and all Persons cited by either House may appear and abide the Censure of Parliament That is all such Persons as upon an innate Honour according to their Duty and the Statute of the 11th of Henry VII had stood firm and Loyal to the King against their Usurpation 14. That the General Pardon offered by his Majesty be granted with such Exceptions as shall be advised by Both Houses But who knew what those Exceptions might be Saving this that they intended them not to any of themselves A thing that carried Rancour and Venom in it and which was his Majesty's whole drift to take off 15. That all Forts and Castles be put into such Hands as the King with Approbation of Both Houses shall appoint That is to keep them in their own Hands as they were when yet the Undoubted Right was the King's and the Grant of it had given away the Sovereignty An old Trick which together with the Three first Propositions they borrow'd from Montfort's Rebellion in Henry III.'s Time 16. That the King 's Extraordinary Guards 〈◊〉 discharg'd and none rais'd for the Future but according to Law in Case of actual Rebellion and Invasion Like the Wolves in the Fable that would come to no Terms with the Sheep unless they first discharg'd their Dogs Whereas his Majesty had not rais'd those Guards but according to Law in the Case of an actual Rebellion a◠Home and a then threatning Invasion from the Scots 17. That his Majesty enter into a more strict Alliance with the Vnited Provinces and other Neighbour Protestant Princes and States The King is the only Supream Arbiter of Peace and War and what honourable Alliance with any of them had he ever refus'd 18. That his Majesty be pleased by Act of Parliament to clear the Lord Kimbolton and the Five Members If they were Guilty why should they be less brought to Tryal than were Canterbury and Strafford And if they were Innocent what need of an Act of Parliament to clear them 19. That a Bill be passed for restraining Pears made hereafter from sitting or voting in Parliament unless they be admitted with Consent of Both Houses The King is the Fountain of Honour and to have granted this Article had been if not to damm up that Fountain to turn it into another Channel Nor could the King have done it without a manifest Contradiction to himself I have blessed him said Isaac and he shall be blessed Such were these Propositions this at Least the true Substance of them which if his Majesty had conceded to what other were it than as himself says of it As if Sampson should have consented not only to bind his own Hands and cut off his Hair but to put out his own Eyes that the Philistines might with the more Safety Mock and Abuse him He had rendred himself not a half Duke of Venice nor much better than that Inutile lignum of which Horace speaks who Serm. l. 1. Sat. 8. tho' he were God of the Gardens could not keep a Crow from muting upon his Head Nor ought they says his Majesty to have been obtruded upon him with the Point of a Sword nor urg'd with the Injuries of a War To which our Answerer in his bold Way And which of the Propositions were obtruded upon him with the Point of the Sword till he first with the Point of the Sword thrust from him both the Propositions and the Propounders Which how egregiously and scandalously False it is let any Man judge Rush 2. part 307. when these Propositions were not sent the King till the Second of June 1642. Five Months before which they had not only forced him from Whitehall but disposed of the Militia as appears by the Ninth Proposition where they pray the King that he would rest satisfied with what they ordered in it As resolv'd it seems that Will or Nill he should And thence he runs off again to the Coronation Oath and That the Parliament is the King 's Superiour Chap. 6 Touching which I have said so much already and not from any
single Opinion of my own but the Authority of the Law that I think it needless actum agere Only when he says The Noblest Romans when they stood for that which was a kind of Regal Honour the Consulship were wont in a submissive manner 〈◊〉 go about and beg that Highest Dignity of the Meanest Plebeians which was call'd Petitio Consulatûs He would have done well to have cover'd his Hook a little better if he ever expected to catch any Fish If he had said they chuse their Consuls as we do our Knights of the Shire he that has most Voices carries it bating the Ambitus it had been well enough But when he speaks of a King of England what Mischief brought it into his Head to confound the Irregular Practices of a Democratical State with the settled Constitutions of an Hereditary Imperial Monarchy which this of England is or those several Statutes as well as Common Law of which before are grosly mistaken And therefore for the rest it bring but mere catching at Words whereby to wrest the Sence I had as good leave it and go to somewhat else CHAP. XII Vpon the Rebellion and Troubles in Ireland IT is the Nature of Flies to be ever buzzing and blowing upon any thing that is raw and has been the only design of our Answerer throughout his whole Book not to deliver Things as they truly were but to rake together old exploded Forgeries that having dress'd up the King as like a Tyrant as he can he may have the more to say in Defence of the Parricide It is the Way of Witches to foretell those Storms themselves intend to move Nor had the Contrivers of ours been wanting to that Part of it but the Earl of Strafford's Watchful Eye lay so close for them that nothing could be done unless they first brought his Masts by the Board And having gotten that Point of him and the Rebellion of Ireland falling close upon it they only make an advantage of it and buzze the People that it was done with the King's Privity at least if not by his Commission Whereby to represent him to the World as the more Inhumane and Barbarous Nor is this our Accuser less wanting to insinuate it over again when he says That it cannot be imaginable that the Irish guided by so many Italian Heads should have so far lost the Vse of Reason and common Sense as not supported with other Strength than their own to begin a War so desperate and irreconcilable against both England and Scotland at once without some Authority from England or great Assistance promised them and assurance which they had in private that no remedy should be apply'd against them All which being merely conjectural by the same Reason it may be true by the same Reason also it may be false without there were somewhat more than Words to evince the Truth of it And so taking that for granted which should have been first proved he audaciously Charges the King as the Prime Author of that Rebellion though both here and elsewhere he denies it with many Imprecations but no solid Evidence And how solid his on the other hand are may be worth the viewing It is most certain saith he that the King was ever friendly to the Irish Papists and in his Third Year against the plain Advice of Parliament sold them Indulgences for Money and engaged them in a War against the Scotch Protestants What he means by that Sale of Indulgences I know not nor does any History of ours that I yet met direct me to it The Irish were his Majesty's Subjects as well as the Scots and if he was friendly to them though Papists he did but the part of a prudent Father who seldom chucks one Child more than another for fear of breeding a Quarrel in the Family And besides though the Scots were Protestants there is not any one English Law against Papists i◠Force in Ireland and Sanguinary Law none◠But that the King engaged them in a War against the Scots wants Proof and as such I pass it To this he adds That several of the most active Papists all since in the Head of that Rebellion were in great Favour at Whitehall and in Private Consultations with the King and Queen and that he gave them more than Five Irish Counties at an inconsiderable Rent And for the Proof of all this quotes a Scotch Author but says not a Word who or what this Author was Tho' if he had call'd him Squire Meldrum the Cherry and the Sloe or David Lindsey against Side-Tails it had past not a Jot the worse with the People If they were in great Favour at Court it was no more than what the Scots also were if they had private Consultations c. Charity would have presum'd the best and that it was in order to the Quiet and Peace of that Kingdom and if the King gave them Five Counties he gave but his own which if he had shared among the Five Members we had not perhaps heard a Word of the Story But that they should ungratefully rebel against him how could he more foresee it of them than he did of the Scots And after this if any Vnderstanding Man yet doubts who was the Author and Instigator of that Rebellion I referr them saith he to that Declaration of July 1643 concerning this Matter Very good The Word of a King is but the bare denial of one Man and what is one Man against the Credit of Both Houses though they were Judges Witnesses and Parties I offerred saith his Majesty to go my self in Person upon that Expedition But happy it was that his going into Ireland was not consented to saith the other for certainly he had turn'd his intended Forces against the Parliament Whereas it seems more probable that without this Rebellion in Ireland they could never have rais'd their Rebellion in England For upon the Credit of the Acts for the borrowing of 400000 l. for the necessary Defence of England and Ireland Both of them 17 Car. 1. and for the Encouragement of Adventurers for the reducing the Rebels in Ireland they got ready Moneys into their Hands V. His Majesty's Answer to their Irish Papers In his Large Book f. 537. and rais'd Forces as was pretended for the Relief of that Kingdom but in truth fought the King with them at Edge-hill But enough of this Matter CHAP. XIII Vpon the Calling in of the Scots and their coming AND here again our Answerer lays his Foundation to this Chapter upon what he has so often run off to before and been by me and I hope fully answered That the first Original and Institution of Kings was by the Consent and Suffrage of the People and calls them the entrusted Servants of the Commonwealth but in his wonted way says not a Word how they came by this Power of choosing i. e. whether it were given them by God or they took it themselves If God gave it them he ought one
it the better which was as much as if they had been bidden to tell no body but Folk of it This Foundation thus laid they suppress the Vertue and lay open the defects of the Government The dissolution of Parliaments The Cales Expedition The Peace with Spain Loan-Money Ship-Money Enlargement of Forests Fines Imprisonments c. by the Star-Chamber Acts of Council-Table Selling of Offices Insolence of Bishops and muzzling the Mouths of painful Teachers and what not So that where lay the difficulty of raising what Super structure they pleas'd or wonder as it is said of Absalom's Rebellion that the People went with them in their Simplicity â— Sam. 15.11 and knew not any thing Till from one thing to another they came at last to devolve the pretended faults of the Officer upon the Office Nor was the matter yet come from Words to Blows when his Majesty had gratified them in most of those Particulars but now that they had gotten an Army it is not what the King would grant but what the Houses will be pleased to accept The King also begins to have an Army which because it appear'd more considerable than they imagin'd Loyalty without Money could have ever brought together they take up another Artifice and clamour it to the People That the King made use of Papists against them That all might be at Peace if it were not for Evil Counsellors And for themselves that their Intentions were the liberties of the Kingdom as the King in this Chapter particularly takes notice of and our Answerer in his wonted Scurrility runs off to other matter yet e're he was aware confesses The Sum is they thought to regulate and limit his Negative Voice and share with him in the Militia which in the Eighty fifth Page of his Book he owns to have been wrung out of his Hands And yet while they thus charge the King with making use of Papists against them they stifle that Army of Sectaries themselves brought against him An Army so diversified in Opinion that had any one Regiment of them been to have entred the Ark the Flood might have sooner come than Noah suited them into Pairs And now Clodius accusat Moechos Does Simeon accuse Levi I should think he ought not especially if we come to the order of the House that admits no Man to criminate another till he shall have first clear'd himself But allowing it to be true Those Papists were the King's Subjects and by the Law of the Land equally oblig'd to serve the King as well as Protestants who yet fought against him But did the Houses never make use of Papists I am sure they would have done it or otherwise what means that Declaration of theirs That if any Papists would bring in any considerable Sums of Money upon the Propositions Oct. 6. 1642. it should be receiv'd and for matter of Fact that they did so They hired Owen Roe O Neal to raise the Siege of London-Derry in Ireland then beleagur'd by His Majesty's Forces And then for his hearkning to Evil Counsellors a thing so often charg'd upon him by the Parliament But who were these Evil Counsellors during His Majesty's Imprisonment and when they lock'd him up so that no-body could come at him and yet still the same Man But we are off the Scent Themselves were not those Counsellors and if they had been perhaps we had heard no more of it The Lord Cottington was a desperate Delinquent but had the Grace to know where his Delinquency lay He gave up his Mastership of the Court of Wards to a confiding Lord and for that time Cantavit vacuus The Beast Castor takes his Name a Castrando and when the Hunters have gotten what they Hunted him for they take off their Dogs And lastly for what concerns their own so much boasted Preservation of the Rights and Liberties of the Kingdom it may be much doubted whether they did so or not but this I dare say if they merited Heaven by it it was by an Antiperistasis for how strong soever they found the Blessing of Judah upon this Land they brought it down to that other of Issachar As besides what I have said before witness their Committees in every County under their Power for the seizing and imprisoning Malignants i. e. Such as refused to give them the 25th part of their Estates and because the County Gaols were too few to hold them erecting others in most Cities and throwing the most considerable of them on Ship-board Their Sequestring the Estates of the Royal Party and denying them the benefit of the Statute that indempnified them 11 Hen. 7. c. 1. Forcing some to Compound and selling the Estates of such as refus'd it Their frequent Headings and Gibbettings Their Sale of King's Queen's Princes Church-Lands c. Add to this those heavy Burthens which without any Authority and contrary to Law they laid upon the People with a saving nevertheless to the Members of either House and the almost incredible Sums of Money they rais'd thereby Contin of R. Baker Fol. 610. See the Ordin of both Houses Mar. 1642. As witness that their Weekly Assessment of Thirty three Thousand Nine Hundred Eighty one Pounds Thirteen Shillings upon England and Wales which for the Year came to One Million Seven Hundred Sixty Seven Thousand Forty five Pounds Sixteen Shillings The vast Sums of Money they made of the Plate Rings nay even Sir W. Dugd. Short View Fol. 96. Bodkins and Thimbles brought into Goldsmiths-Hall which in London Essex and Middlesex came to eleven Millions The Moneys lent upon publick Faith The Profits of those Lands and Estates so seiz'd and the many Millions they got by the Sale of them Besides those By-jobbs through most Counties for the raising Horse Foot and Dragoons See Hughes 's Abridg. for the years 1643 1644 1645. the maintaining of them the defence of some Garrisons and the reducing of others And all this for the preserving the Rights and Liberties of the Kingdom which puts me in mind of that of Tully Nomina rerum perdidimus Ad Attiâ—um Licentia Libertas vocatur we have lost saith he the names of things and Licentiousness is call'd Liberty And yet the Tabernacle of the Robbers prosper'd Job 12.6 and those that provok'd God were secure CHAP XVI Vpon the Ordinance against the Common-Prayer-Book IT is no News saith his Majesty to have all Innovations usher'd in with the name of Reformations in Church and State by those who seeking to gain Reputation with the Vulgar for their extraordinary Parts or Piety must needs undo whatever was formerly settled never so well and wisely And less News it is saith our Answerer to have all Reformation censur'd and oppos'd under the name of Innovation by those who being exalted in high Places above their Merit fear all change though of things never so ill or so unwisely settled Which is no more than so many Words stitch'd together without he had
to say no Answer belongs to it He knew there was none to be given and therefore Magisterially slighted it He holds it also neither wise nor comely that the falling out of Brethren be debated before a Common Enemy and tacitly implies his Reason least the Uncircumcised rejoice But I think I can tell ye a better When Presbytery rode the fore-Horse no one kept up with it more than himself but when he found it began to faulter he was loth to lose Company and jogg'd on with the rest The first leading Men that carried on the War were Presbyterians and their General upon the New-Model was as right as they could wish to have had him And yet he was in the Hands of the Army and that Army in the Hands of his Lieutenant-General Cromwell A grand mistake of theirs in thinking to Settle Presbytery with an Army of Anabaptists Independents Fifth-Monarchy-Men and what not Bone of their Bone and Flesh of their Flesh 't is true but as Mortal Enemies to them as were the Jews to the Samaritans and yet both of them had Abraham to their Father And for Cromwell though no one could say of what Religion he was besides that he ever match'd the Colour that was in Fashion he still protested Obedience and Fidelity to the Parliament and by that Means got his Ends of the King and them And whether our Answerer took it not right judge when he says Some of the former Army touch'd with Envy to be out-done by a New Model and being prevalent in the House of Commons took advantage of Presbyterian and Independant Names and the War being ended thought slightly to have discarded them without their due Pay and the reward of their invincible Valour But they i. e. the Independants who had the Sword yet in their hands disdaining to be made the first Objects of Ingratitude and Oppression after all that Expence of their Blood for Justice and the Common Liberty seiz'd the King their Prisoner whom nothing but their matchâ—ess Deeds had brought so low as to surrender his Person By which we see the Bottom of this Good Old Cause when the only quarrel was about dividing the Spoil And truly when they that once had it could not keep it what had our Answerer to do to gape after them any longer And brings into my Head that Story of the Friars Crucifixus est etiam pro nobis But to go on with the Matter The King is now in the Army's Hands but our Answerer thinks not fit to say a Word to the Distractions in the Two Houses the Army and the City that ensued it but has left it out of his Title And why but that it must not be spoken in Gath when yet every Man here is not a Dweller of Askalon Cromwell found that the Parliament out-carded him as having gotten the King their Prisoner May 4 1646. and put the Militia of London into the Hands of a Committee of Citizens whereof the Lord Mayor for the time being to be One and therefore unless he could give them the Cross-bite and bring the Army to mutiny against their Masters he knew he must expect no better of them than what Essex had found from them To this purpose he and Ireton his Son-in-Law take advantage of a Vote of theirs 25. May 1647. for Disbanding the whole Army excepting Five Thousand Horse and One Thousand Dragoons and some Fire-locks to be kept up for the Safety of the Kingdom and some to be sent for Ireland and spread a Whisper through the Army that the Parliament now they had the King intended to Disband them to cheat them of their Arrears and send them into Ireland to be destroy'd by the Irish And it ran like Wild-fire for the Army were so inrag'd at it that they set up a new Council among themselves of Two Private Soldiers out of every Troop and Foot Company to consult for the Good of the Army and to assist at the Council of War and advise for the Peace and Safety of the Kingdom And these they called Agitators or Adjutators it matters not which for whatever Cromwell who yet stood unsuspected by the Houses had a mind to be done there needed no more but putting it into these Agitators Heads And the Effect of their first Consultation was to take the King from Holmby where upon his being deliver'd up by the Scots Feb. 16. 1646. the Parliament had lodged him with Colonel Graves and bring him to the Army Amongst these there was one Joyce a stubbed bold ignorant Enthusiastick Journey-man Taylor who from the Service of Denys Bond had gone out to the Assistance of the Lord against the Mighty and much about this time made a Cornet of Horse And however the matter was contriv'd for Commission he had none he went off by Night in the Head of a Thousand Horse and having surpriz'd the Parliament-Guards at Holmby early in the Morning importunately demands admittance into the King's Bed-Chamber as from the Army and was hardly prevail'd upon to stay so long as till the King could get up but being come in told his Majesty he was sent by the Lieutenant-General to secure his Person from his Enemies and bring him to the Army On which the King demanding to see his Commission Joyce opens a Window and points to the Body of Horse that stood drawn up on the Side of the Hill before the House An undeniable Argument says his Majesty and so went with him who brought him to the Head-quarters at New-Market Cromwell seems no less surpriz'd at it than the King however since he was among them assur'd him he should have no Cause to repent it and in a seeming passionate Manner promis'd him to restore him to his Right against the Parliament On this the Parliament send to the General to have the King redeliver'd to their Commissioners and this the rather for that the General by his Letters to them had excus'd himself and Cromwell and the Body of the Army as ignorant of the Fact and that the King came away willingly with those Souldiers that brought him And yet instead of giving them an Answer Jun. 23. 1647. the Army send a Charge against Eleven of their Members all active leading Men and require them to appoint a Day to determine this Parliament and in the mean time to suspend the Eleven Members sitting in the House to which last they only answer and say they could not do it by Law till the Particulars of the Charge were produced and were soon replied to with their own Proceedings against the Earl of Strafford and the Archbishop of Canterbury The London Militia had been yet in the Cities Hands till Cromwell taking the opportunity of a thin House Jul. 26. 1647. procures the Ordinance of the Fourth of May aforesaid to be revok'd and the Militia put into other Hands more favourable to the Army On which a Rabble of Apprentices and Disbanded Soldiers headed by the Sheriffs under the
the Power of levying Money to maintain it for twenty Years 2. That the King justifie the Proceedings of the Parliament in the late War and that all Declarations c. against them be declared void 3. That all Titles of Honour conferr'd by the King since the Great Seal was carried to Oxford in May 1642 be taken away 4. That the Parliament might adjourn themselves when where and for what time they pleas'd But the King refusing to grant them the Parliament Vote there should be no more Addresses made him And upon Cromwell's laying his Hand upon his Sword and telling them the People expected their Safety from them and not from a Man whose Heart God had hardned the Vote of Non-Addresses was made into an Ordinance and that it should be High-Treason to receive any Message from him And now Compassion for the King's Sufferings with the discovery of their Hypocrisie had begotten such a general Indignation against the Parliament that all Wales declare for the King The Surrey Men Petition the Parliament for a Personal Treaty the same was Kent coming up to have done but seeing how evilly those of Surrey had been Treated they threw away their Petition and took Arms under the Earl of Norwich The same did others at Maidstone Black-heath Kingstone c. Which though they were all defeated yet the Houses seeing how the Inclinations of the Kingdom went and Cromwell being out of the way in securing Edinburgh they revoke their Ordinance of Non-Addresses and send the King new Propositions not much easier than the former and upon his Answer to them they sent Commissioners to treat with him at Newport in the Isle of Wight Sept. 2. 16â—â— the Treaty to be transacted with Honour Freedom and Safety in which the King made such Concessions Decemb. 5. 16â—â— that it was resolv'd upon the question by the Commons That the King's Answers to the Propositions of both Houses are a ground for the House to proceed upon for the settling the Peace of the Kingdom But it seems they had been so long dodging about Trifles that Cromwell was come to London before any thing was done Nov. 20. 1648. For Fairfax and the General Officers had remonstrated and amongst other things requir'd That the Capital and grand Author of our Troubles the Person of the King be brought to Justice for the Treason Blood and Mischief he is therein guilty of c. But the Presbyterian Party standing strong to the Resolve aforesaid a Guard is set upon the House the major part of the Members are excluded and the King made a closer Prisoner in Carisbrook-Castle which brings me to these His Majesty's Meditations upon Death In which as from the precedent of several of his Predecessors both of England and Scotland well he might he makes this Judgment That there are but few steps between the Prisons and Graves of Princes And now we 'll see what this Accuser says when having lopp'd off more than three quarters of the Title that he may bring the rest to his own Model he goes on All other humane things are disputed and will be variously thought of to the World's end but this business of Death is a plain Case and admits no Controversie Nevertheless since out of those few mortifying Hours he can spare time enough to inveigh bitterly against that Iustice which was done upon him it will be needful to say something in defence of those Proceedings And makes this his Justice the Justification of that horrid Parricide from that universal Law Whosoever sheddeth Man's Blood by Man shall his Blood be shed And that other of Moses Ye shall not take Satisfaction for the Life of a Murtherer No exception in either of them And well may he call it Iustice when he so often blasphemes God in making him the Favourer of those the before unheard-of Villainies of that Usurpation and Tyranny as here also so wretchedly detorts Scripture to give it a Colour Whereas it was Injustice it self in its very Foundation as being directly contrary to the Law of God the Law of the Land and the Practice of the Jews from whom he draws his Authority To the Law of God whereby we are commanded First Negatively not to think ill of the King Curse not the King Eccles 10.20 no not in thy Thoughts Much less then may we speak it Thou shalt not speak Evil of the Ruler of thy People Exod. 22.18 Least of all may we do him hurt Touch not mine Anointed Secondly Affirmatively Psal 105.25 To Honour him as by the fifth Commandment and that with a Blessing annex'd to it That thy Days may be long in the Land To keep his Commandments Eccles 8.2 4. and that in regard of the Oath of God Neither may we give him any cause of Anger Prov. 20.2 for he that provoketh him sinneth against his own Soul And if thus far be true then I am sure it was Injustice to murther him To the Law of the Land Where besides what I have before said to the Soveraignty of the Crown of England to imagine the King's Death Chap. 6 To levy War against him in his Realm 25 Ed. 3. c. 2. or adhere to such as do so that it proveably appear by some Overt Act is High-Treason 3 Inst 12. The like is the Preparation by some Overt Act to take the King by force and strong hand and imprison him until he hath yielded to certain Demands And what must it then be to sit in Judgment upon him â— Ed. 3.19 who having neither Equal nor Superiour in his Realm cannot be Judged And greater than this what must it be to murther him And lastly contrary to the Practice of the Jews from whom he draws his Authority The Israelites had a hard Bondage under the Egyptians 〈◊〉 12 37. and yet that Moses whom he quotes and Six Hundred Thousand Footmen with him besides Children and a mix'd Multitude fled from Pharaoh 1 Sam 22.2 but did not rebel against him David in the head of an Army and those if we consider the Persons desperate enough fled from Saul And Eliah from Jezabel Seven Thousand Men yet left in Israel who had not bow'd their Knees to Baal 1 Kings 19.18 So that if Scripture Law or Practice have any Authority I think I need not labour the matter to prove it execrable as well as unjust Besides with what common Modesty could he tax the King with Blood when the Houses had form'd an Army so long before him as I have shewn before And therefore who shall be or was ever said to be guilty of the Blood spilt in a War the Aggressor or the Defendant when the Law chiefly regards the Original act Nor will Success more be able to alter the Nature of it than as says His Majesty The prosperous Winds which often â—ill the Sails of Pyrates do justifie their Pyracy and Rapine And were that true saith he which is most false
That all Kings are the Lord 's Anointed it were yet absurd to think that the Anointment of God should be as it were a Charm against Law I know not what he means by that all Kings Saul was David was and particularly laments the fall of Saul As if he had not been anointed with Oil. 2 Sam. 1.11 And I never found any reason to doubt but that all Christian Hereditary Kings are the same too and consequently exempt from the Law forasmuch as concerneth the coactive force of the Law though not forasmuch as concerneth the directive Power of the Law Lord â—leâ—meâ—'s post â—â—ti 106. Subjects are bound to fullfil the Law by necessity of Compulsion but the Prince only by his own Will in regard of the common good For seeing the Law is but a kind of Organ or Instrument of the Power that governeth Hist of the World 29â— it seems saith Sir Walter Rawleigh that it cannot extend it self to bind any one whom no humane power can controul or lay hold of And therefore till I find better Authority for this his Iustice than he has yet given I shall look upon it as I do on the rest of his Book a thing meerly stuffed out to deceive the People If Subjects also by the Law of the Church so much approv'd by this King be invested with a Power of Judicature both without and against their King it will be firm and valid against him though pretending and by them acknowledg'd next and immediately under Christ Supream Head and Governour But what King or Queen of England besides Henry the Eighth Edward the Sixth and Queen Mary for her two first Years ever us'd that word Head Or in what Age was it that the Church of England ever pretended a power of Judicature both without and against their Kings He says if they are invested with such a Power but shews not that they are and instead thereof tells us that St. Ambrose excommunicated Theodosius the Emperour which he calls a Spiritual putting to death The like did St. German by Vortiger And two other Kings of Wales excommunicated by their respective Bishops Subjects of those Kings And admitting it I never heard that any of those Bishops ever perswaded the People that it was lawful to Murther those Kings or how does it make out this his Iustice against the King 'T is a shrewd sign a Man is sinking when he takes hold of Twigs Then he comes up with the particular Laws and Acts of Greece Athens Sparta Rome c. But what 's that to England must we be govern'd as they were Their Laws were for it the Laws of England directly against it Nor is there any Country whatever but has its particular Laws or Customs If a Man steal an Oxe or a Horse in the Isle of Man it is no Felony 4 Inst 285. for having no Woods the Offender cannot hide them but if he steal a Capon or a Pig he shall be hang'd for it But what need we saith he search after the Laws of other Lands for what is so fully and so plainly set down lawful in our own Where antient Books tell us Bracton Fleta and others that the King is under the Law and inferiour to his Parliament As for Bracton the Words that he means may be perhaps these Rex habet Superiorem Deum scilicet Item Legem per quam factus est Rex Item curiam suam viz. Comites Barones The King hath a Superiour to wit God But doth not say Superiours in the Plural Number Also a Law by which he is made King i. e. He hath a Law but says not a word of Punishment Also his Court to wit his Earls and Barons Not a Court as if it were of some others Constitution but a Court of his own Where the word habet in Propriety of Latin is necessarily understood 1 Inst 1. Or otherwise he would be contradictory to himself when he saith Omnis sub Rege Bra. l. 4. c. 24. S. 5. c. Every Man is under the King and he is under none but God He is not inferiour to his Subjects and hath no Peer in his Realm But saith no where that he is under the Law and inferiour to his Parliament which word his sufficiently denotes where the Superiority lies And for Fleta he saith Lib. 1. c. 17. f. 16. None can judge in Temporal Matters but only the King and his Substitutes Id. F. 66. And he hath his Court in his Council in his Parliaments c. And for the Mirrour of Justice a Book written in Edward the First 's time that says Mirâ— 232. Jurisdiction is the chief Dignity that appertains to the King And for what concerns the King's Oath it has been several times altered since that And what this King's Oath was I have particularly shewn before Chap. 6 Those objected Oaths of Allegiance and Supremacy we swore not to his Person but as it was invested with his Authority The same said the Spencers in Edward the Second's time but it was condemned for Treason by two Acts of Parliament 7 Coke 11 12. And Sir Edw. Coke calls it a damnable detestable and execrable Treason For Corps natural le Roy politique sont un Corps Plowd 213.234.242 and are inseparable and indivisible for both make but one King 4 Inst 46. The death of the King dissolveâ— a Parliament Now if this referr'd only to his politick Capacity the Parliament would continue after his Death because a Body Politick never dies And now as the Covenant once help'd the Houses at a dead lift it must do our Accuser the like Job at parting or this his Iustice will be little beholding to it Certainly no discreet Person can imagine it should bind us to him in any stricter Sense than those Oaths formerly And truly I must approve him when he deals ingenuously no certainly it did not for they broke all three The intent of the Covenant as it was to extirpate Prelacy to preserve the Rights of Parliament and the Liberties of the Kingdom so they intended so far as it might consist with these to preserve the King's Person and Authority but not otherwise for that had been to swear us into Labirynths and Repugnancies We vow'd farther to bring Delinquents to open Tryal and condign Punishment So that to have done so by the King hath not broke the Covenant but it would have broke the Covenant to have sav'd him the chief Actor as they thought him at the time of taking that Covenant Ye have heard what he says and I leave it to every Man to apply it as he pleases But because this matter has already taken up a whole Chapter between us I referr my Reader to what I have there said Chap. 14 And now to close all and if there be any Man has a Mind to learn how to break Oaths by Providence and forswear himself to the Glory of God To say Grace to the action be it never so ungodly and give Thanks for the Success be it never so wicked To carry on a Design under the name of Publick Good and make the slavery of a Nation the liberty of the People Or in a word to hold forth any useful though notorious Untruth with convenient Obstinacy until he believes it himself and so renders it no Sin let him read this Book of Mr. Milton's and if he does not improve upon it he may thank God for it FINIS