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A93763 The reason of the war, with the progress and accidents thereof. / Written by an English subject. VVherein also the most material passages of the two books printed at Oxford (in which His Majesties party do undertake to justifie their proceedings) are briefly examined; viz. The [brace] declaration, entituled, Tending to peace; relation of the passages at the meeting at Uxbridge. July 1. 1646. Imprimatur Na: Brent. Stafford, William, 1593-1684. 1646 (1646) Wing S5152; Thomason E350_8; ESTC R201041 87,456 156

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the People and will no question that Power the Parliament which governs them This will suffer some such like infamy by their accusers either of Hypocriticum Indoctum Sacrilegum or Unjustum and their Enemies are framing Indictments to all four Hypocriticum as pretending good but intending ill to the King and State an ordinary charge cast on them by his party yea of Counterfeiting also in that they do connive at Truths suppressed and Falshoods printed in their quarters of the several Chances of the War c. The permitting which were indeed blame-worthy were it a matter of much moment or competent to their leisure from weightier Affairs to cure forth with all Faults in matter of Fact the rather whereas they are sure that no ill successe either of losing Forts of having the worst of it sometimes in skirmishes or the like accidents incident to War can deter their firm and constant Friends resolving to resemble the Souldiers of * Paul Emil. in vitam Car. 7 Charles the seventh so far from shrinking at the terror of an ill Omen that they resolved to encounter all hard chances in Battel with increase of Courage Indoctum as for opposing the Bishops the highest Order in the Clergy and other Schollers The Parliament seems invective in their Accusers eye against all learning Sacrilegum as some of their Enemies have from a far fetched Metaphor tearmed them because of taking away the plurality of Church-Livings Injustum in that they have condemned Malefactors whereof their Enemies have given a pledge already See their Declaration printed 1643. in that the Assembly at OXFORD in their writings of offering Peace hath charged the Parliaments friends with imprisoning two * Earl of Chesterfield and Lord Montague Lords Northward for their loyalty to the King Such and the like calumnies are like to be their fate in case they are vanquished But to return and view the charge whereof the King and his party are suspected which before it be treated on The duty required from the people by the two contesting parts the King the Parliament is examinable seeing a War is waged and such a one as dissolves all laws and the quarrel so bitterly pursued betwixt the King and the Parliament both requiring Subjection and obedience which is to be obeyed the King a supreme but single person or the Parliament the representative body of the Kingdom in number many which to be obeyed in point of safety and conscience But first to make the Question the more clear take these * The peoples Plea collections from a learned Divine That the King hath His Power from the Kingdom therefore His Authority which Tearms though commonly confounded if distinguished makes clear the matter For Authority is a Right and Lawfulnesse to command Obedience such as all Governors and Magistrates have more or lesse But Power is a lawful Ability to force obedience where upon command it is denied one may have a just and lawful right to command that wants compulsive means for Coertion others may have strength to force commonly called Power that wants Authority to command and Power is that which in all Government bears the sway Wherefore in the Scripture Rom. 13. and elswhere it is taken concretively for the Governors and Magistrates themselves which have power at command to force Obedience to their Commands Now there is no doubt but the King hath ful Authority to command according unto Law all such as are subject to Him by Law but if upon His command obedience be denied whence hath he lawful power to enforce obedience whence hath He His Power to make good His Authority but from the people He cannot have it from Himself being but one man To keep a strong guard of some of His people to impugn and force the rest must needs produce Commotions Insurrections and a Civil-War If of strangers the Philosopher and others who write of Policy Aristot will tell you it is Tyranny nor is such ability Potestas but vis violence not power because unlawful when vis and Potestas or vis and jus do clash and skirmish the consequence is dangerous To keep an Army on foot continually under other pretences thereby to affright and force the Subjects is litle better therefore the Kings power must needs come from His own peoples hands and strength and from the same people must come His Authority If any other should give him Authority that were not able to make it good by power it were given Him in vain nor were the people bound to make that good which themselves gave not whence He hath His power then from thence He must needs receive His Authority even from the Kingdom To Safety a Common-wealth is best provided for by Councel Councel confists of number in which is safety That foresees contrives concludes not that they are void of Error King and Parliament both may erre whilest humane joyntly and dividedly but which most prone to Error the Head without the consent of the Heart being one or the faculties of the Heart without the help of the Head if possibly to be severed being many 'T is resolved Securius expediuntur negotia commissa pluribus oculi plus vident quam oculus which is not construed of the quantity of degree as which is highest which greatest but of the quantity of number which most probable to provide for the common good one or many If it be objected That the King hath a Councel viz. his Privy Councel to assist and consult with Ans This is by the King in his Person chosen always or for the most part attending on his Court and Person That of Parliament by the free suffrages of the whole Kingdom and how fitly when the condition and affairs thereof are subject only to the capacity and knowledge of the Parliament the Members thereof dwelling in all or most parts of the Kingdom whereby to have cognisance of what concerns the whole Yea let this be taken for granted as advantage to his Majesties party whether so or not That the Major part of the Peers and Gentry are now with the King in some other place then where he first Summoned them Admit it be true yet that they were called by his Writ to attend the service at a certain place and time and both place and time named in that Writ where the Attendance is according to that Summons and they having all there met accordingly the place and time do define and limit the Action denominating those the Parliament which there reside For howbeit a great number be come away from the place whereto they were first Summoned whether solicited awed or otherwise engaged the residing part to that number which now sit there make a full Parliament 'T is no marvel if their number shall decrease their courage fail them when so proclaimed against and threatned as might terrifie men of much resolution and constancy when their Posterities and Estates are exposed to Ruine all possible means of
THE REASON OF THE WAR WITH The Progress and Accidents thereof Written by an English Subject VVherein also the most material Passages of the Two Books printed at Oxford in which His MAJESTIES party do undertake to justifie their Proceedings are briefly examined VIZ. The Declaration entituled Tending to Peace The Relation of The Passages at the meeting at UXBRIDGE Imprimatur July 1. 1646. NA BRENT LONDON Printed for Iohn Field and are to be sold by Stationers 1646. READER THere were some parts of this Book published the last year but passing from the Author in much imperfection and some baste it is revised and augmented according to the Progresse and Occurrences of the War Many of the Passages therein are his own Collections observed at single hand the rest produced through the Arguing and Discourse betwixt some opposite in opinion to him and himself a lover of Learning although of ordinary and too mean parts to Discourse it as an able Schollar for he cannot but acknowledge that the subject of this Treatise might have been managed by a more learned and elaborate hand The greater part thereof was begun about a twelvemoneth since in the turbulent and divided times by way of an Animadversary of the War of the Occasions and Accidents thereof and had been printed a good while since had not an unexpected chance crossed in the very instant of putting it to the Presse Now if in these more quiet and composed times the Beams of Peace seeming to shine out again it should give offence or in the least way interrupt the happy and hoped for Reconcilement which it doth not in the Authors sence and to his best understanding his heart is against the publishing the Discourse relating rather to what is past and may serve for future times It is probable that in these times of Conflict this Discourse as milde and plain as it is may meet with rough harsh answers and unkinde censurings as that the Author is an Ambidexter Neutral that he cunningly carries himself betwixt both parts sometimes and in some things for the King at other times and in other things for the Parliament Whereunto he replyes and ingenuously declares himself both for whom and against whom he is For whom For the King and Parliament Against whom Against the Disturbers of the happy Peace having long since been the authors and now the promoters consequently of this horrid War and that there are and have been such a woful and sad Experience doth manifest A favorable and upright interpretation is all the Reward the Author either looks or wishes for next unto That His Majestie and His Subjects may reciprocally enjoy and hold firmly and entirely their several Rights The Reason of the VVar with the Progresse and Accidents thereof TO describe the Power and Dignity of a King the quality and several formes of a Parliament is not the purpose of this discourse Or what Esteem a Parliament in other Kingdoms carrieth That is left unto the curious Pen of a more learned Antiquary In this Kingdom breifly In the ancient and usual acception it is an Assembly of the Nobility and Gentry chosen by their Country and solemnly called together by the King his writ to such a place at such a time to debate the affairs of the King and Kingdom The manner of being called is by * See the form of the Writ in the Crown Office Writ directed to the high Sheriff of every County as to the chief Magistrate of Burrough Towns to return Knights and Burgesses for that service so Habited viz. with swords girt on their sides c. Which habit a Note and Embleme of the valour in them required the Object to do and go on with Courage and Magnanimity in discharging their trust which their Country hath repo●ed in them against all Forces opposing And no Question if former Kings have deputed none to place of Justice but menltz valianntz as King Edw. 3. expresseth them none but such are to defend and serve their Country in the high Court of Parliament which controules and is to give Laws to Justice The end of their Assembling is to determine Ordain and provide for the peace Justice and safety the supreamest Law of the Kingdom called thereunto by his Majesty Entrusted by their Country Whose Councels and Ordinances become Laws Or in case of variance in Judgement that so many as are there met cannot all agree in the same opinion that passeth for a Law which the major part concludes on so it fares in every body Politique and Aggregative And those the Parliament Orders and Ordinances are binding to the Subject as Orders in Inferiour Courts of Chancery Common Pleas c. untill decrees and Judgements passe to confirm the same which decrees and Judgements in those lower Courts hold Analogy with Acts and Laws in the higher Court of Parliament The work and end of the Parliament being consummate the Laws enacted the Parliament then determining the King governes onely and supreame binding himself to observe those Laws by a double Oath Tacitely as being a King and so bound to Rule and govern according to the Laws Expresly by his Oath taken at his Coronation To speak in a plain grammatical and obvious way the Latine Etimon directs the duty of a King Rex is so called à Regendo Government is dispenced in wisdom and justice * From which text the Kings Party do contend that Kings are immediatly from God no more then as follows in the subsequent verse Nobles do Rule and judges of c. By me Kings rule saith the wisest of Kings and Justice exalts a Nation insomuch as when commands shall prove irregular either wanting the one or exceeding the Limits of either of these they provoke the people free borne Subjects to a loose obedience and the consequence commonly becomes dangerous The Peers and Gentry thus assembled and the Parliament now in being the Kings power is not so compleat and total having imparted it self to that Assembly if it be what then is the Parliaments power If they have no power they are assembled to no purpose if a minc'd and diminish'd power in whom doth it ly to lessen or to greaten it if in the King He then may by the same reason rule Arbitrarily and by his own will as well as over-rule a Parliament so whilst the King imparts the power which he hath by communicating it to that His Court of Councel He lesseneth it in Himself or retracts His Grace in assembling them which were a blemish to His Princely wisdom unsuitable also to that common presumption The King cannot do amisse The King as the Head of His People and Father of His Country is by the common opinion of all dutiful and sober Subjects to be obeyed simply in all things Lawful and Honest when there is no Court of Parliament in Being when there is a Parliament the Heart of that Body whereof the King is the Head betwixt whom an unity of Coalition is presumed
the power of both is indivisible so intermixt that when the Court of Parliament the end of whose Councels is to establish Justice Peace industriously intends the same when we desert our duty unto them we are wanting to our selves unthankful unto them The Government of England as in these latter times it stands since Laws and a setled Forme established since Religion and Laws have met together flourished like couples in a building each supporting other and God honoured in both is not simply a Subordinative but a Co-ordinative and mixt Monarchy yea the highest supremacy it self is compounded of three estates Co-ordinate King Lords and Commons now it is true Subordinata non pugnant but Co-ordinata invicem supplent Fundamentals are equal and all Principals alike Rex est universis minor Bracton the great Lawyer saith Rex habet superiorem sc Deum Legem per quam factus est Rex Curiam sc Comites Barones The agitating this and the like Questions incident hereunto hath disturbed the mindes of men and cost much blood as which hath the Preheminence which ought to bear the greater sway the King or the whole number of the people in their collective Body which the Court of Parliament doth represent Another Question is which is the certain and proper Parliament as the case now stands that summoned by his Majesties Writ to Westminster or that by a latter command to Oxford whither the Principles of the Subjects Peace Religion justice have been of late and before this Quarrel in danger of being born down And whither the conflict in the Quarrel undertaken by those who have endeavoured to provide against that danger be Rebellion The King and His Party whither in their own defence See His Majesties Declarations and Messages since Ianuary 1641. The Oxford Mercury moves the jealousie making the Kings sincerity questionable for whilest the Mercury knowing the Dyet and full digest of the Kings party there cals the Parliament whensoever he names them The Rebels at Westminster notwithstanding the King cals them The Parliament and words of professing Friendship and Complacency being more uncertain then words of Hatred and Defiance although His Majesty terms them now a Parliament a Phrase of Truth and Credit he m●y reserve unto himself more bitter thoughts of Anger and future Accusation according to what the Mercury expresseth towards them or not hereafter have sought against them as being Rebels The King not alwayes and constantly calling them so as his Party doth for sometimes he calleth them the Parliament sometimes Rebels whether in sincerity or reservednesse of heart He varieth the phrase His own heart can witnesse It is the note of the wisest of Kings on Earth that the Heavens for height the Earth in depth and the Kings heart no man can finde out not that a King is therefore more transcendently wise or perfect above and beyond all other men nor that his heart is more Divinely inspired or illuminated from above more incomprehensible or His ways like Gods past finding out the Text bears no such construction the frailty and uncertainty of all Kings Actions do evidence the contrary although their Flatterers may peradventure vainly infuse such Doctrine into their ears and from this place of Scripture instruct a King with the necessity and excellency of dissembling the meanest and worst part of wisdom although resembling it Amidst the many Doubts and Jealousies the Suggestions and Machinations at home and abroad against the Peace and well-being of the Kingdom it concerns the Court of Parliament to look unto and prevent in as much as in them lyes the growth of approaching Danger which are then Dangers only when near and in sight when they are instant and befallen they and the opportunity of preventing them is past and become above the name of Dangers Calamity Seeing therefore the Parliament are by Gods special providence met together entrusted in their Countries welfare their courage and unanimity is requisite in perfecting that work for which they were assembled viz. the Maintenance of Gods worship the Kings honour the Subjects Liberty these two the Kings Honour and the Subjects Liberty propagating each other when as it is a larger accesse of dignity to be a King of a free people then of Slaves unlesse He shall in the pursuit of this War reckon to purge the Kingdom of the worst and most enslaved of His people which as the case now stands will otherwise fall out and prove as in letting blood the natural body the best the most free and spirituous to be wasted and spilt as well as that which His Majestie doth in His own sence call the worst Where by the way Gods immediate hand of Providence manifested to his people in the preservation of his glory is especially to be taken notice of that whereas his chiefest End in the creation of Mankinde hath been his own true Worship and the salvation of his people of which he hath a peculiar care seen even in the disposing and ordering of humane affairs as a second and subservient means to his own Decrees That at the same time the Subjects Liberty should be invaded when the Protestant Religion the subversion of which was probably first and principally aimed at howbeit in the managery thereof the Enemies to Both Religion Liberty were ill advised in that the Power and Priviledge of Parliament the Fabrick of all Laws the Subjects Right should be overthrown and fall together with the Protestant Religion Arist Polit cited in the like case by Sir Walter Raughleigh in his Dialogue between a Councellour of state and a Iustice of Peace The Philosopher observes that Homines minus timent injustum pati à Principe quem cultorem Dei putant had they singled out either Religion the Subjects Liberty or the Priviledge of Parliament to be destroyed apart many it is like especially among the common sort of men might have failed in their zeal to the one yet have endeavoured the preservation of the other so the Enemies Design might have better thrived in the successe if Religion singly or the Subjects Liberty alone had been left unshaken without a complication of both to fall together at the same time and by the same power The Parliaments next endeavour is to maintain entire and against all opposition the Power Priviledge and Dignity of their Court no so sure a way as by their constant accord and unity which if overthrown by an advers Power all Parliaments are in danger of languishing in their esteem and must either comply or submit to the Arbitrary will of the Prince who conventeth them at His pleasure and so lose their Freedom What then follows a discontinuance of enacting Laws a dull carelesse and obsolete use for want of due execution of such Laws as are in Being thence an Arbitrary and unlimitted way of Government that Force or the Sword must be the Umpire besides a certain although a remoter consequence a failer of that well-breeding the
likelihood be his own to starve up that place where some of his Royal Issue are when as the detriment befalls not the City only 't is more extensive to all parts of this Kingdom with which the City tradeth For they being denied an intercourse cannot vent their wares So in case the City were guilty of what the Proclamation doth accuse it the Justice and proceeding is not adequate where many suffer besides the offendors There be divers other Messages and Declarations printed in his Name which were want of duty in his Subjects to think them his or with his assent As to those subordinate Edicts set forth heretofore when his party had gained some Western Towns published under some of his chief Commanders hands and read in Parish Churches restraining his Soldiers from Robbing Spoiling and the like violence and as in case of Felony the Countrey to rise and pursue them according to the Law in that case provided as Thieves and Murtherers Such Messages and Edicts might carry a fair flourish of Justice and be plausible to the Subject but when as he is disarmed and disabled every way and hath no weapon to defend himself what courage or strength hath he to repulse such violence A few armed Soldiers dare to Rob on the High ways yea and to venture into Towns and do what they list without resistance How many have lost their lives of late striving to rescue and defend their goods When Commanders shall promise to secure the Subject he notwithstanding robbed when in the Kings Name and under his Authority as the Subject is made believe things shall be promised improbable in the act of promising untrue in the Event a Subjects duty may make him facile but if his understanding of what he sees gives him not sufficient light but that he will submit against his Reason and thereby miscarry in being over-credulous he may thank himself It is not speculation or matter of doubt or jealousie which disturbs and divides the thoughts of man making some of one some of another mind or any mans affections to the one or the other side which governs in the apprehension of matters as now they are it is matter of Fact the eyes are more faithful witnesses then the ears what hath been done what hath been attempted what hath been promised not performed which doth clear the doubt To believe is required from Subjects to obey their Duty but when to believe and obey against Fact and Reason on whom lies the fault if they miscarry in their obedience and belief which is not therefore written to absolve or release a Subject from his immediate duty to his Prince who is to be obeyed in all things Lawful and Honest as before exprest but the Pests and Vipers about him as King * James termeth them are to be oppugned as the His Speech in Parliament 1609. exactors and commanders of that unlimited and undefined tribute of obedience Whose course and practices have much ecclipsed his Majesties just Power and Greatnesse and have embroyled two Kingdoms at the least in an unnatural and destructive War the Third in danger with the rest all so wasted or in an imminent danger to be so wasted as to become a prey to a Forraign Enemy the greater part of the Subjects of this Kingdom being fought against as * See the Letter from the Assembly at Oxford implying this to the Earl of Essex dated Ianuary 1643. Rebels the King himself several ways disadvantaged and weakned amongst his people which he may perceive in feeling Gods hand of anger against his People poured upon them in this War in failing to assist him without being Impressed and violently forced to serve him which if it were truly Rebellion they would cheerfully have assisted him their King wherein now they fail as knowing the state of the Quarrel betwixt his party and his Subjects and that their fellow Subjects under the name of his Soldiers committing Murthers and Rapines do render his Name terrible Next in what God is displeased withall and will certainly avenge in his just jealousie the presumptious Impiety of some his Flatterers ascribing In a Book Intituled The Loyal Subjects belief penned by one Mr. Simmons p. 16. more unto the King then any man without blasphemy can avow or the King himself shall like in making it all one to offend him as to offend God himself The King of Sweden was angry with the Author who writing the History of his Successe against his Enemies flatters and attributes that to the King which was mystically spoken of Christ Psal 45. Gird thee with thy Sword upon thy thigh O thou most mighty according to thy Honor and Renown Such flattery in his Subjects was displeasing to his Majesty The Parliament are by their Adversaries among other Crimes accused of endeavoring to bring in a Parity into the Church and State This Preacher hath actually and already framed and set forth the like betwixt the Creator and the Creature He no way proves his flattering Blasphemy which had it deserved to have been seen by his Majesty and should have passed from his Eyes into his Heart it might have proved Mortal The Doctrine besides the Blasphemy is of dangerous consequence and immencely criminal if we remember what God says of himself that he is a jealous God not suffering any Peer or Rival in his Imensitude of glory This Author is too prodigal of his Conscience and Wit to any mans Judgment who shall reade his Works if there be no more of his to restore him to the good name of a Minister of Gods Word In whose Lips no Iniquity should be found as being the Messenger of the Lord of Hosts Then this here cited and one of his Sermons preached before the Kings party at SHREWSBURY in Lent was two years where to delight his Auditory he breaks a Jest in the Pulpit and widely misapplies it to a Gentleman of the Parliaments party which but that the emptinesse and petulancy of the Jest redounds to the Honor of him at whom he Jested or were his words worth reciting might have been here omitted To passe it by only with this note That there is a more severe censure in the opinion of the * Ierem. Prophet due to whomsoever shall by such wanton floutings Pollute Gods Sanctuary or put no difference betwixt the Holy and Prophane then the * Martial Poet doth allow unto Ludit qui stolidâ procacitate non est Sextius ille sed Caballus To leave this Author and to return to the present subject the sense and imminence of these miseries occasioned by this War hath reached even to most Forraign parts wherein our Neighboring and fellow * The Scots Nation understand themselves so much concerned as with a seasonable prudence to foresee have accordingly framed their purposes to provide for their own Peace involved now in ours two ways engaged thereto First through a necessity of timely endeavoring to prevent their own Thraldom and
other Acts in several Counties for raising money c. or otherwise for discharging some Trust to them committed when as themselves the more eminent the more aimed at by the Enemy and the nearer to danger cannot appear with safety to execute the same Let any man suppose it to be his own case then he will not blame them for absenting themselves and substituting others in their room Many are the objections in this kinde which beget Disputes many accusations had against either part What the Parliament findes and complains to be practiced in opposition to them by their Enemies they observe most sensible presumptions for no one thing in bar to such presumptions to make up one tittle of compensation in lieu of the dangers which might happen or to give any the least satisfaction for removing the imminency of the same The vulgar and common salve used by His Majesties party of His passing bills since the Parliament began for the relief and ease of His Subjects as a pledge of His Princely goodnesse and care of His peoples welfare His often and deep Protestations for the maintenance of the Protestant Religion and the Fundamental Laws of the Kingdom yet as matters now are these Acts of His not compensatory to those hostile Acts practiced by His party against His Parliament and people Besides those Acts of Parliament passed by His Majesty are in His and a new Parliaments power to retract or repeal them at pleasure For let it be granted that they were Acts of Parliament which His Majesty hath thus passed in that the Members of both Houses at WESTMINSTER are by His party denied to be a Parliament yet sometimes called a Parliament sometimes Rebels there is like to be little stability in what they have enacted neither is that which is contingent and possible to be altered to be adjudged compensatory to what is certain and actual The difference of times that they were reputed a Parliament when those Acts passed but since reputed Rebels or the distinction into persons that some are reserved to be a Parliament others Rebels will breed a greater confusion then help to frame an Answer by those of His Majesties party who object this favour of His Majesties passing divers Bills for the welfare of His Subjects c. That they may be repealed altered in part or all dissolved or want their vigour in execution it is probable when the persons who have and are the chief assistants in this War are the greatest Losers by those Acts recited Next as touching His Protestations His frequent Declarations of manifesting His intentions His late actions of Clemency and Pardon shewed to those whom he calls Rebels when they were taken prisoners at a late Seige by His Majesty His releasing and setting them free when He might have detained and proceeded against them as Traytors and Rebels in the judgement of His party These are to be acknowledged indulgent and merciful Acts becoming a just and Christian Prince yet they may be two wayes understood First in relation to the good of His own party prisoners in the Parliaments power and in danger to have suffered the like in case the King should have punished theirs Secondly those His Acts of releasing of His milde using of those His prisoners it is possible might be construed as present Acts of Clemency to endure only for a time and that He may be perswaded afterwards to punish them as Rebels These are times of wit and jealousie and the same Reasons which have occsioned this War even His peoples Jealousies may continue them without abatement there is no lesse cause of fears and dangers His party having tried every way by traducing the Parliament at home by attempting to set them at varience with Forraigners abroad having moved every stone as the Proverb is to subdue those whom they term Rebels no way left untried to take away their power and shadow of power no means left unassayed either milde of Inviting or violent in Affrighting and those plausible and gratious Acts used possibly to encrease yet the number of his party may cease from a total pardoning only remitting for a time until a full Conquest be obtained And when the Crown is repossest the Conquest fully had the French Proverb tells us Que la Coronne unifois prinse oste toute sorte de defaults i. e. that when the King shall be reinvested to His former full Power and Regal Dignity the Parliament and the power thereof then laid aside and become void the possessing of the Crown doth as well quit all quarrels and acceptions and cancels all disputes as it clears and purifies all manner of defaults imperfections or exceptions to be made concerning the means whether fair or foul of gaining the Conquest As Jealousies have been the cause of this Contention so what the cause of Jealousies The principal and most certain one hath been in matter of fact namely the infringing the Subjects Liberty soon after the Petition of Right was granted in full Parliament to be omitted here because set forth in several Declarations and Remonstrances One and more universal was that in the case of Ship-money which had it not been withstood by a Gentleman of repute let his Ghost be railed at and a Parliament soon after summoned what had become of the Subjects Liberty If a Writ comes down directed to a Sheriff of a County he bound by Oath or fearful of incurring displeasure in case he refuse to execute the Kings Writ and having the Posse Comitatus within his Office what remedy shall the poor Countrey man have dwelling one hundred or two hundred miles from the Court if he refuse or hath it not to pay against Imprisonment or his Goods taken from him by Distresse Justice hath its boundary and is circumscribed by Law Injury and Injustice like the violent Torrent of an Inundation over-flowing the Banks and Metes overwhelms and drowns as Decency and Order when bound up by good and wholsom Laws if disturbed and broken down falls into Uncertainty Indiscretion and becomes Confused Let men talk of fears and jealousies and in an Ironical way smile at those whose peculiar care is to prevent and remove the same no man knows what the Progresse of that wrong had been had it not been withstood The mention whereof seeing so often inculcated in other Writings can be no pleasing Theme to any Subject And whereas His Majesty hath confessed and retracted that His Error being now condemned to an utter abolition ought to be buried in Oblivion neither doth it become every ordinary Subject to traduce and accuse His Soveraign of Injustice doing it comes too near to what the wise man expresly forbids of Cursing the King in their thoughts as of what the Statute Law provides against Only to satisfie one Objection used by some of His Majesties party in His behalf touching the same Better say they the payment thereof should have continued then so much blood spilt such vast Sums of Money spent in
above the rest was in these sad and suspitious times unseasonably moved by His party for they having conplained of late of extraordinary wrongs and losses befaln His Majesty His Treasure and Revenues denyed unto Him His Houses and Castles spoyled His Woods cut down and wasted c. It will now be feared That to repair and make whole those losses His Subjects Estates and Lands must satisfie most mens demeanor questioned when He shall have totally Conquered His peoples faults and negligences set out to the full to render the owners culpable or else His Majesty cannot but be the greatest Sufferer Nor to be the last no man can think His Majesty will survive the losse of all His people a good Subjects Prayer ought to be with a small insertion in the Poets addresse to his Maecenas Serus in caelum redeat c. serus é terra then in caelum redeat diuque laeto fruatur nomine And if it were possible without insolency to wish that many days may be yet added to those of His which God hath numbred to the end that He may live to see a new Generation spring up of stout and constant English Hearts to succeed in the room of those whom this unnatural War hath wasted But these exceptions moved by the Assembly at OXFORD of too curious and suspitious spirit are proposterous to the pursuit of Peace their Imputations of Treason and the like Crimes to render their fellow-Members sitting at WESTMINSTER odious to their fellow Subjects are no fit preparatives to Peace nor their calling the Parliaments Intentions so deeply protested to be real Counterfeit Neither is this Contention by the Sword alone but by the Pen on which side whither on the Kings or the Parliaments the Arguers in print touching the subject of this War since it first began have wrote the more solidly and rationally concerning it which have more candidly and succinctly without railing or expatiating terms set down the Arguments the Reader is to compare the difference and judge For Rhetorique and strength of Wit or for a sublimate and fine stile of Expression the Assembly at OXFORD as having the more youthful facere and nimble Wits in their party and Quarters the help and influence of the pregnant conceits and nimble Fancies in the University there may seem to have the start But let the Writings on both sides be examined according to Reason and Judgement and the Reader will judge the difference Let it be instanced in three or four the most remarkable Messages in Writing and the Answers thereunto no other being so opposite to each other as these here mentioned First The Letter to the Governor and Counsel of See the Letter and the answer War at BRISTOL from the Lord General of His Majesties Forces demanding a forbearing of putting to death the two Citizens there with the Governors Answer thereunto The Answer is for-judged already and the Reader saved his pains of judging it by being termed by the Kings party The Governors * In a Book of an unknown Author called The States Martyr insolent Answer when as it is adjudged by other more impartial Readers to be a well weighed apposite sober Answer Secondly That for the Marques of Argyle and Sir William Armyne the Commissioners from both Kingdoms fully and in few words delivering their See their Message and Sir Thomas his answer Intentions and Reasons thereof to Sir Thomas Glenham a Commander in chief in His Majesties Army with His Answer unto them full also of words and of suspition Which in a Treaty sincerely meant should be left out and the Objections answered with Reason and Judgement no perverting or wresting of the sense against the Authors meaning no total and universal dislike had by His Majesties party to every thing which the Parliament shall declare or do And it is requisite withal that the matter of a Treaty to be disputed to and fro should have an equal and free passage and reciprocal intercourse which the Parliament judgeth to be denyed to them sitting at WESTMINSTER that when Declarations have been published and set forth against them they are by His Majesties Proclamation inhibiting all Trade and Traffique thither denyed their reasonable Answer to be likewise published so they cannot be heard nor set forth to the world what they can say in defence of themselves so the Accusations from the one side His Majesties party are bitter concluding and offensive whatsoever the War is and their Challenges in print not to be answered by their fellow-Members for the reason above recited One other intercourse of Messages between both parties of a latter time this April the Summons sent by the Committee of both Kingdoms to the Lord Bellasis Governor of NEWARK for surrendring that Town and Fort the Summons expressing perswasive and important Motives to surrender * See His Majesties Letter dated Mar. 23. and the Secretaries Answer to the Committees summons Apr 1. 1646. The Governor his Secretary's Answer full of good Language Courage and strength of Wit wherein mentioning His Majesties Letter sent the 23 of March last past unto both Houses of Parliament he urges the Kings most gracious conditions in that He will disband His Forces dismantle His Garisons The Secretary recites not all the Kings proposals of having His Friends pardoned the Sequestrations taken from their Estates Either the Secretary saw not the Kings whole Letter whereof he recites one part only or else he smiles in his sleeve thinking by his short Comment on the Letter to satisfie the Committee there and the whole Kingdom besides His Majesties Letter is full and genuine in its meaning to be taken collectively not apart as of disbanding dismantling c. without pardoning c. and such collective maner of speaking is alwayes conditional the one to be done on the one if the rest be performed on the other side The Secretaries reciting them is short of His Majesties meaning and mentions it as the Tempter in the Gospel tels our Saviour All these will I give thee which was as much as his eye could behold but on what condition If Christ would fall down and worship him The condition which he annexes to his promise annihilates the gift The conditions which the Secretary cals Gracious in His Majesties Letter of disbanding His Forces c. if nothing else were to be expected are in every mans judgement as in the Secretaries most gracious But to have His Friends His party pardoned the Sequestrations wholly taken off from their Estates were to put them whom the Parliament accounteth offendors and their Enemies into a better condition then their own Friends The Secretary if knowing His Majesties whole Letter and would contract it into parts reciting that only which serves his turn the Committee being presumed to be solid and able men will follow their own Judgement without replying to that Answer This sophisticate and defective manner of Arguings abates the merit of their cause and
Whosoever shall invite the company or desire the accesse of any person whither it be of a King as supreme or of any other person of a lower rank it is to be presumed to be for the mutual and amicable society of those who are desired if before the time of entertaining there be a strangenesse or aversnesse of friendship in the invited friends the desire of the inviter ceaseth and he abateth his welcome The Comparison although it seemeth here betwixt two equal parties friends of the like degree therefore not fit to hold is the more effectual betwixt two parties the one superior of Power to wrong the other inferiour Subject to bee wronged The reason wherefore the Members in the House of Parliament were preferred in their Countreys suffrages to be their Judges was for the opinion of their Wisdom and Integrity above at least equal to others of the Countrey Wisdom consists of Circumspection Diffidence foresight * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Euripid. The French call Mistrust the Mother of Wisdom Diffidence especially as Integrity doth of distributing and doing all men right In the Parliaments refusing or admitting His Majesties accesse they have a narrow path to tread to please all men which no man or Counsel yet could do for if by denying him they prolong the War impoverish and exhaust the Kingdom as some men and their adversaries give out if by admitting they lose and frustrate their preparations and past endeavorings for the Subjects welfare for it will rest in the King and in His parties Power to annihilate their Acts their prudence and councels will be exposed to obloquy and scorn For howbeit His Majesty as a Christian as a King may and cannot chuse but have a deep sence and compassionate heart against the farther shedding of his Subjects blood His party which He professeth under the name of friends not to desert will expect a large interest in His Power their interest which when they have gained any man may judge for what use it shall serve In War the prevailing and stronger side relieth upon their Forces the weaker and more vanquished on their stratagem and cunning for the Parliament to be over-wrought by the cunning Practices of their adversaries were a lessening of their wisdom The people of CVMA were branded for their too late wisdom their imprudence was turned into a Proverb The fisherman once struck alwayes takes heed A parley once betwixt two parties found false makes the more innocent part the wiser afterwards If neither Peace nor Conquest can be the sooner had the War continued is like to have a most sad and fatal upshot the fault of the continuing resting onely on some few mens accompt betwixt these two extremes viz. the Dissolute licentious and Armed man on the one side and the harmlesse poor Subject on the other The oppressour on the one and the oppressed on the other side or where it first began betwixt the Papists stiling themselves the Kings friends in His name and under colour of defending Him on the one side and the Protestant on the other side in whose blood the Papists do think to imbrue their hands naming them Rebels Traytors to His Majesty The Prophet sums up the diffeence in a few words betwixt the ungodly and wicked who have drawn out their sword and bent their bow to cast down the poor and needy and to slay such as be of a right Conversation But that there is a superintendent Almighty Power the Lord of Hoasts who will be a defence to the oppressed even a refuge in time of trouble whereof he hath already given a pledge and manifested his Power and loving kindnes unto His in the more remote parts of Christendom by giving several successes in signal victories to the Protestant party in those parts against the more Popish Although in those vast Armies there are Papists on either side yet take them either in degree or number the Spaniard Emperor and their confederates consist only or for the most part of Papists accomplices in a confederate League by open enmity as by secret subtile practises to extirpate the Protestant religion The persons on whom the Accompt of the continuance of this War will lye are those alone who throughly convinced of the injustice thereof waged by the Kings party against his people knowing withall who have been the first actual Authors and promoters of this War who since the counterfeiters and pretenders to a Peace remain yet obstinate adhering to that party in that desperate and resolute way as preferring rather the ruine of their own native Countrey before the failing of that their party The sober relenting and wise demeanors of these engaged might have put a period to this War if they steering their affections all one way to the light of Sence Conscience Reason shall set aside the punctilio of reputation which no wise man did ever lose of being thought inconstant their actions will alike unite and joyn together against the refusers of Peace as against a common Enemy and every good Subject will according to the habiliments whereunto he has been used and bred act and wish best only to that side which wisheth best undividedly unreservedly to the King and Kingdom In the dividing which every one takes it ill to be suspected to be partial or that his wishes should seem rather to incline to the King then to the Parliament to the Parliament rather then to the King they thinking that their wishing well to the King is to wish well to the King and Kingdom because the King protesteth the welfare of the Kingdom The perusing this Treaty doth clear the question and doth settle and confine the doubtful Judgement of whosoever may be mistaken in this conflict The Unity and joynt accord in the House of Parliament may be a leading case to induce a general Unity among all the Subjects of the Kingdom That as by the singular policy presented in the Harmony betwixt the House of Lords and Commons and as between the Commons themselves strengthening and crediting their proceedings the like Unity may descend intirely to the inferior Members throughout the Kingdom For howbeit there may be different wayes several disputes by cause of various judgements all tending to one and the self same end yet no Argument to divide them from their chief principle The Subjects Peace And although emulation alwayes attends great and eminent spirits keeping off for the most part an accord of mindes Gods Power is so much the more visible in their actings and endeavorings for Peace Himself being the Author of Peace and lover of Concord in making men to be of one minde in an House Briefly to comprise the whole in a few words by way of question and for the sooner restoring these unhappy Kingdoms to an happy Peace and general Unity the matter of this Civil and unnatural War betwixt the Prince and people betwixt the Subjects of three Kingdoms contending each with other as it had it's rise from mistakes and jealousie doth now as the possibility and enjoyment of a firm and lasting Peace rest and determine upon the clearing of these few questions Whither His Majesty has had evil Councellors Instruments about Him who have diverted Him from the course of justice some of whom stiled now His friends Whither His declining and forsaking them be ingratitude in Him or to be accounted a deserting His Friends Whither there be a lawfully summoned Parliament and where Whither the peoples taking up of Arms in maintenance of this War ut supra be either in the beginning or in the continued course thereof Rebellion and Treason FINIS