Alij diutius Imperium tenuerunt nemo tam fortiter reliquit Tacit. Histor Lib. 2. c. 47. p. 417 VINDICIAE CAROLINAE OR A DEFENCE OF ἘΙΚΩΠΒΑΣΙΛΙΚΗ THE Portraicture of his Sacred Majesty in his Solitudes and Sufferings IN REPLY To a BOOK Intituled ἘΙΚΟÎΟΚΛΑΣΤΗΣ Written by Mr. Milton and lately Re-printed at Amsterdam Vere magnum habere fragilitatem hominis securitatem Dei Seneca London Printed by J. L. for Luke Meredith at the Angel in Amen-Corner MDCXCII THE PREFACE OUR Author has forespoken his Reader with a long Preface and Custom has so obtain'd that not to take notice of it were to allow it for Truth yet as long soever as it is I may be the shorter in mine in regard there are some things we shall not much differ about As when he begins to discant on the Misfortunes of a Person fallen from so high a Dignity who has also paid his final Debt both to Nature and his Faults is not of it self a thing commendable And I come so near him that I deem it in no wise commendable much less to defend a Party by whose Injustice he fell For Revenge and Envy stop at the Grave and however our Lives are at the Mercy of others even Fortune herself has no Dominion over the Dead But when he says And his Faults and that it is not the intention of his Discourse I referr my Reader to this of mine wherein from the Ordinances of that time and the Law of the Land I have I hope acquitted the King and for the other whatever his intention might be prov'd his Book contrary to what he gives out here He further supposes it no Injury to the Dead but a good Deed rather to the Living to better inform them by remembring them the Truth of what they themselves know to be mis-affirm'd And I agree with him for if a Man may not make the Blind to go out of his way there is this Charity due to a Short-sighted Multitude to point them at least where they first went astray and by bringing them back to the old Paths both shew them how they lost their Way and set them right for the future Yet agree as we will we must part at last for instead of not discanting on the Misfortunes of his murther'd Sovereign and of better informing the People of what he slily insinuates themselves know to be mis-affirm'd by the King the whole drift of his Book is to blast the one and spread a Mist before the other whereas mine is to vindicate the King and what in me lies to clear the Air of that Pestilent Vapour In the mean time and until I come to it I shall briefly consider the matter of his Preface and the manner of putting it together As to the former it is an abstract of his Book written in Scandal to the King's Book and himself And saith he for their Sakes who thro' Custom Simplicity or want of better Teaching have not more seriously consider'd Kings than in the gaudy name of Majesty in behalf of Liberty and the Commonwealth That is to say Licentiousness and Democracy words altogether foreign to the English whose Constitutions know nothing but an Hereditary Imperial Monarchy recognizing no Superiour under God but only the King unto whom both Spiritualty and Temporalty are bound and owe a Natural Obedience Unto which his Notions are directly contrary for if the Soveraignty lay in the People the King were not Supream but himself subject to that Power which is transcendent to his as appertaining to them and then the State of England were Democratical if it lay in the Nobles then were it Aristocratical or if in either or all of them it were in no wise Monarchical which both the common-Common-Law and statute-Statute-Law of England have ever declar'd this Kingdom to be as shall be shewn in its proper place And yet he doubts not to impose upon his Reader That the People heretofore were wont to repute for Saints those faithful and couragious Barons as he calls them who lost their Lives in the Field making glorious War against Tyrants for the common Liberty As Simon de Monfort Earl of Leicester against Henry the Third Thomas Plantagenet Earl of Lancaster against Edward the Second And truly Siqua est ea Gloria England wants not wherein to Glory though I think neither of these comes under his Character For the first of them a Frenchman by Extraction ran into open Rebellion against Henry the Third whose Sister he had first vitiated then Married Took the King Prisoner and carried him about in the Army as Cromwell did this King and made him own all his the Earl's Actions as the Parliament but ineffectually endeavour'd it also and was at last slain in actual Rebellion at the Battle of Evesham by the Prince our English Justinian the Man who by rescuing oppress'd Laws taught the Crown of England not to serve and first deliver'd it from the Wardship of the Barons These Barons the Descendants of those where the Devil in the Father turn'd Monk in the Son for being conscious to themselves that whatever they had whether of Honour or Possessions had been commenc'd in Conquest and Rapine what better way of securing both than by siding with the People who had by this time forgotten they were the Posterity of those who had beggar'd their Ancestors And for the other of Lancaster he also was taken in a like Rebellion against Edward the Second and being thereof Convicted was Beheaded at Pomfrect nor other than Rebellion do I find any Remark of him but that his Name was Plantagenet and the Mobb call'd him King Arthur And therefore the most that can be said of them is what Aaron of his Calf These be thy Gods O Israel And having laid this Foundation for Matter who could expect his manner of doing it should be better more than that Grapes may be gathered of Thorns or Figs of Thistles Nor has he in the least deceiv'd me in it when though there 's a decency of Language due to the meanest of Men and Mankind insults not over a Slave in Misery yet neither in his Preface or his whole Book doâ—s he ever mention the King or his â—ctions without that irreverence as would put a modest Man to the Blush in reading it What the particular Expressions are I forbear to mention them where I may possibly avoid it and referr the Reader to them as they every where occur lest otherwise I be like him that pretends to answer a Seditious Book and Prints that with his answer that it may be remembred cum Privilegio However this from the whole though the Scripture calls Princes Gods that Prince is yet to be born whose some action or other did not confess Humanity and require Candour Moses was King among the Righteous and David a Man after God's own Heart and yet it cannot be said of either of them In nullo erratum est And therefore instead of raking the Graves of Princes we
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
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-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-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
what the Memorandum further says That King Charles the Second and the Duke of York did assure him it was none of the said King 's compiling c. An Earl it is said wrote it and I dispute it not but this I say That neither the King nor the Duke could speak it of their own knowledge but as by report from others because the King then Prince of Wales from his Expedition into the West with General Ruthien from whence he went off to France could not have seen His Father in near four Years before His death and therefore it seems improbable that the King should have shewn him a Letter To the Prince of Wales and at the same time told him it was not of his own compiling when yet the Letter says Id. Iâ—â—n 221. Son if these Papers come to your hands c. and concludes Farewel till we meet if not on Earth yet in Heaven And if the King did not tell him so then what he assured the Earl could not be of his own knowledge And for the Duke of York he was under Thirteen at the Surrender of Oxford from whence he was brought to St. James's where he made his Escape for Dort so that except when he saw his Royal Father at Hampton-Court which could not be often he could not have seen him in two Years and an half before his Death Nor seems it probable that the King should communicate his Thoughts with a Person of those Years albeit a Prince and his Son but not his next Heir But on the contrary more probable for both that what they so spake was but by report which young Princes are but too apt to take up from those who to cover their own Ignorance perswade them it smells too strong of the Pedant for a King to take up a Pen when yet the greatest of former Ages are oftner remmembred by their Pens than their Swords Caesar yet lives in his Commentaries M. Aurelius in his Philosophy and we may read Trajan by his Epistles to Pliny But to come nearer home Our Henry the first is as well known by the Name of Beauclerke as of King of England Henry the Eighth's Pen not his Sword gave him the Title of Defender of the Faith And this the Royal Portraict of our murther'd Sovereign shall outlast every thing but it self and Time Lastly And if there yet want some living credible Testimony of that time or matter of Record since Sir William Dugdate an indefatigable Searcher of our English Antiquities and perfect Master of the Transactions of his own Time gives us this gradual account viz. That these Meditations had been begun by His Majesty in Oxford long before he went from Oxford to the Scots under the Title of Suspiria Regalia That the Manuscript it self written with his own Hand being lost at Naseby was restored to him at Hampton-Court by Major Huntington who had obtain'd it from Fairfax That Mr. Thomas Herbert who waited on His Majesty in his Bed-Chamber in the Isle of Wight and Mr. William Levett a Page of the Back-stairs frequently saw it there and not only read several parts of it but saw the King divers times writing farther on it And that that very Copy was by his Majesty's direction to Bishop Duppa sent to Mr. R. Royston a Bookseller at the Angel in Ivy-Lane the 23d of December 1648. who made such Expedition that the Impression was finish'd before that dismal 30th of January on which the King was bereft of his Life As may be better read from himself Sir W. Dugdâ—â—â—'s Short View c. p. 380 381. in his Short View of the late Troubles in England And this further I speak of my own Knowledge That the very next Morning after that horrid Act I saw one of them and read part of it under the Title of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which it now bears And for matter of Record and that the World may the more undeniably be convinc'd that both King Charles the Second and King James the Second did believe this Book was written by their Royal Father let him that doubts it but look upon Reliquiae Sacrae Carolinae Printed it the Year 1662 or any Impression of this Book since that time and he will find prefix'd to them a Privilege or Patent of King Charlâ— the Second to the said Mr. Royston his Executors c. for the sole Printing and Publishing the Book intituled Reliquiae c. and all other the Works of his said Royal Father and moâ— especially mentions these most excellent Meditation and Soliioquies by the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And it so happening that most of that Impression in 1662. coming to be lost in the Fire of London whereby the Book became very dear anâ— scarce to be had King James the Second upon his coming to the Crown reciting those former Letters Patent grants him the like Privilege for the Printing and Publishing the said Book as it had been in the Year 1662. And now what shall an honest Man do in such a Case sâ—aâ— he give Credit to a bare Memorandum of what another said and as 't is most probable by report only or say the Circumstances before were not of weight to two Records For my part I take the King's Certificate to be of high nature yet I should hardly believe thâ— King himself against any one single Record against which the Law of England admits no Averrment and therefore I think no Man ought to make more of a Posthumous Memorandum than what the Law makes of it In a word these Pathetick Meditations no sooner came abroad than the Nation was undeceiv'd concerning the Author the Scales were fallen from their Eyes and they religiously look'd on Him whom in the simplicity of their Hearts they had pierced These our Pharisees saw and confest it themselves but said they if we let it alone the Romans will come and take away our City And therefore finding they could not suppress them they made it their Eusiness what in them lay to blot them Nay to that impudence they were arrived that and I saw it my self this Icon was exposed to Sale bound up with the Alcoran III. What end I proposed to my self in making this Reply And that 's easily shown nor is it forbidden any Man to burn Incense where the Air 's infected That this Royal Martyr has been calumniated is but too visible but how justly I am coming to examine In which I have this advantage to my hand That Time the Mother of Truth has justified her Daughter concerning Him and might have stopt the Rancour of his most inveterate Enemies but that nothing how evident soever can affect those that have a secret against blushing To be short my end is to vindicate this Good this Just however Unfortunate Prince to blow off that Froth that has been thrown on his Memory and according to my strength deliver him to the World as he was A great if not the only steddy
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
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
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
Governour and upon the King 's coming before Hull attended only with his own Servants and some Gentlemen of the Country audaciously shut the Gates against Him and standing upon the Wall denied him Entrance Upon which the King as by Law he might proclaim'd him Traytor A Cholerick and revengeful Act says our Answerer to proclaim him Traytor before due process of Law having been convinc'd so lately before of his Illegallity with the five Members Goodly goodly and yet at the same time doubts not to tax the King of a Treasonable Act in borrowing Moneys upon his own Jewels Not unlike the Parliament 41 Hen. 3. who took notice of the Lye given to Montfort Daniel's Hist of Eng. 171. and 175. Earl of Leicester by William of Clarence but not of the Lye given the King by the said Leicester But the Point between us lies narrow A Man with Train'd-Bands holds and defends a place of Strength against the King The question is whether this be a levying of War within the Statute of the 25th of Edward the 3d. Sir Edward Coke shall answer for me 2 Inst 10. If any with Strength and Weapons invasive and defensive doth hold and defend a Castle or Fort against the King and his Power this is levying of War against the King within the Statute of 25 Edward 3. And in the leaf before he says It was High Treason by the Common Law to levy War for no Subject can levy War within the Realm without Authority from the King for to him only it belongeth Le Roy de droit doit saver defender son Realm Fitz. N. B. 113. a. c. And therefore this being the Case wherein may it be said that the King was to blame And lastly for what concerns this Gentleman's Catastrophe and whether Hotham were more infamous at Hull or at Tower-Hill no less ignominiously pretended to be answer'd it may be enough to satisfie any Impartial Man that he repented and came in though it were at the last Hour and for the rest he stood and fell to his own Master CHAP. IX Vpon the Listing and raising Armies against the King I Find saith His Majesty I am at the same Point and Posture I was when they forced me to leave Whitehall What Tumults could not do an Army must which is but Tumults listed and enroll'd to a better order but as bad an end To which our Answerer thus replies It were an endless work to walk side by side with the verbosity of this Chapter only to what already hath not been spoken convenient Answer shall be given But what that Answer is see He begins again with Tumults all the demonstration of the Peoples Love to the Parliament was Tumult their Petitioning Tumult their defensive Armies were but listed Tumults and will take no notice that those about him those in a time of Peace lifted in his own House were the beginners of all these Tumults abusing and assaulting not only such as came peaceably to the Parliament at London but those that came Petitioning to the King himself at York Neither abstaining from doing Violence and Outrage to the Messengers sent from Parliament himself countenancing or conniving at them Which is the Substance of what our Accuser says to this verbose Chapter as he calls it An old Figure in Politicks to Calumniate stoutly till somewhat stick to a Prejudice But where lay this Love of the People that they must needs express it in such a Tumultuary way God Almighty is more pleased with Adverbs than Nouns and respects not so much the Justice or Lawfullness of the thing as that it be Justly and Lawfully done and I think the Case was not such here Three or more gather'd together do breed a disturbance of the Peace Mr. Lambert ' s â—irenarchâ— Lib. 2. c. 5. either by signification of Speech shew of Armour turbulent Gesture or express Violence so that the peaceable sort of Men be disturbed or the lighter sort embolden'd by the Example It is Turba a Rout And it has been said Decem So Kitchen page 20. multitudinem faciunt Ten make a Multitude What then must ten times ten not to say Hundreds and Thousands arm'd with Swords Clubbs Staves as many of these Demonstrators of their Love were Chap. 4 and throwing out Seditious Language as I have shewn before the did O but their Business was Petition The same said the Barons and Commonalty at Running-Mead in the 17th of King John But what came these for What but Matters that no way concern'd them Justice Justice against the Earl of Strafford Chap. 2 yet the Parliament of the 14th of Char. the 2d calls them arm'd Tumults as before For putting the Tower of London into confiding Hands Chap. 4 A City Guard for the Parliament And the Kingdom into a Posture of Defence c. But still what was this to them As if a Parliament must be beholding to a Fescue And their defensive Armies saith he were but listed Tumults So that now as a last Shift he turns the Question to a Quis prior induit arma When all the World knows That the Defensive part of it was the King's and the Parliament were the Aggressor's in that they had made their Associations rais'd an Army some Months before and made Essex General thereof the 12th of July 1642. Whereas the King set not up his Standard until the August following But stay say the King in defence of his Right had first drawn his Sword what Law of England warranted theirs When besides what Sir Edward Coke of whom so lately says No Subject can levy War without Authority from the King it appears that the ancient Law of England was ever such or the Parliament had never declar'd That both 1 Cat. 2. c. 2 or either of the Houses of Parliament neither can or lawfully may raise or levy War offensive or defensive against the King c. And will take no notice that those about him were the beginners of those Tumults That the King had his Guards about him was no more than what became the Majesty of a King and that the Loyal Gentry made their Appearances at Whitehall when they saw it beset with a kind of Gebal and Ammon and Ameleck a confus'd conflux of People which also the King had forbidden was but the least of their Duty But when he talks of listing and abusing and assaulting such as came peaceably to the Parliament and doing Violence to the Messengers sent from them it is such a Rapsodie of Stuff that no Man can credit upon his single Authority And therefore I leave it as I do the rest of this Matter it being either such as I have before spoken to or such as no Man that had not a hand in those Mischiefs had ever vented Yet before I go off to another I cannot but take notice how he says The King twits them with his Acts of Grace Proud and unself-knowing Words in the Mouth of any King who
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
to wish them beware the Son who comes among them with a firm belief that they Sold his Father In the former Chapter he gibes them with their Brotherly Assistance and here to whet them against the Son of that Father he lays at their Door an Infamy so foul that if they do not Vindicate it themselves no one else he is sure can do it for them And why all this but to tell them in other Words Scelere velandum est Scelus they had gone too far not to go farther and therefore cannot be secure till they do as much by his Son Whatever it be I think this may be said in the Matter That as Trust is the Sinew of Society Truth is the Pledge of it And therefore as they were his Majesty's Countrymen and Sworn Subjects in Confidence of which he had intrusted his Person with them as the keeping that Oath impeded no moral Good a distinction yet which every Man will not allow as the Person to whom they swore was not incapable of an Oath which is much the same as he came not to incline them to any thing but that Duty which was incumbent upon them and if he had no voluntary Rule in their Hearts he wanted Power to gain a Coersive If they had not thought fit to defend him they should not have put him in a worse Condition than they found him He was their King and wanted no Letters of Safe-Conduct and therefore as he came free they ought to have set him as free out of his Enemies reach 2 Kings 16.22 Thou shalt not smite them said Elisha to the King of Israel concerning the Syrians he had then in his Power for thou neither tookest them with thy Sword nor thy Bow But set Bread and Water before them that they may eat and drink and let them go And the kindness prevailed with the King of Syria though had the Case here been that they had taken him I know not how they could have deliver'd him up And memorable to this Purpose is that of James the Fourth of Scotland who when Perkin Warbeck had fled to him for Protection from our Henry the Seventh not only protected him but rais'd an Army for him him with whose Head he might have made what Peace he would with King Henry his profest Enemy And when at last a Peace was concluded between the Kings upon the Marriage of King James with Margaret Eldest Daughter of Henry the Seventh by whose Issue came the Union of the Crowns he not only refused to deliver up the said Perkin but gave him a safe Transport for himself and his Followers There remains yet to have spoken to that other part of the Title of this Chapter His Captivity at Holdenby but because our Answerer takes no notice of it neither I think ought I. CHAP. XXIV Vpon their denying his Majesty the Attendance of his Chaplains viz. Dr. Juxon Bishop of London Dr. Duppa Bishop of Salisbury Dr. Sheldon Dr. Hammond Dr. Holdsworth Dr. Sanderson Dr. Turner Dr. Heywood THERE seems somewhat in it more than of Chance that his Majesty thus Names the particular Persons Whose Service and Assistance he both needed and desired in that Solitude they had confin'd him to and where the Company they had obtruded on him was more sad than any Solitude could be that more sober Times enquiring into the Ground of it might the better judge whether this his desire was more reasonable or their denying it him more barbarous A Mercy which not Religion only allows but even the Rigor of the Law never denied the meanest and greatest Malefactors Yet see how shamelesly this Accuser takes upon him to Answer it A CHAPLAIN a thing so diminutive and inconsiderable that to take up such room in the Discourses of a Prince if it be not wondred is to be smiled at The Scripture owns no such Order In State perhaps they may be listed among the Vpper Serving-Men The Sewers or Yeomen Vshers of Devotion The Implements of a Court Cup-board c. And what ail'd this King that he could not chew his own Mattins without the Priest's Oremus Which with the rest of this his Chapter has so out-gone even scurrility it self that though I had once resolv'd to have pass'd it over I could not yet but desire my Reader to consider the Persons of whom this Character is given and then tell me how well the Character of any one of them agrees with the Person And therefore let the World Censure me how they list I purposely avoid the further medling with this his Chapter as for the same Reason also I shall say less to the next CHAP. XXV Penitential Meditations and Vows in the King's Solitude at Holdenby HIS Majesty in this Chapter may seem to have had holy David in his Eye when he said Lord remember David and all his Troubles Psal 132. How he sware unto the Lord and vowed a Vow unto the Almighty God of Jacob. And yet this Accuser so maliciously detorts those Meditations that unless one run into the same Excess with him it will be impossible to get up with him which having for my part resolv'd not to do I leave him to run by himself and only desire my Reader to collate these Two Chapters of the King 's with those of our Answerer and then judge as he thinks fit and whether I have done other or less in this Matter than what became me to have done CHAP. XXVI Vpon the Army's Surprizal of the KING at Holdenby and the ensuing Distractions in the Two Houses the Army and the City THIS surprize of me saith his Majesty tells the World that a KING cannot be so low but he is considerable adding weight to that Party where he appears What the Presbyterians have hunted after the Independants now seek to catch for themselves And as an Argument that they are manumitted from the Rivals Service assume my Person into the Armies Custody without any Commission but that of their own Will and Power To which our Answerer To give an Account to Royalists what has been done with their Vanquish'd King 's yielded up into our i. e. the Peoples Hands is not to be expected from them whom God hath made Conquerors And for Brethren to debate and rip up their falling out in the Ear of a Common Enemy is neither wise nor comely To the King therefore were he living or to his Party yet remaining as to this belongs no Answer No! and why not Because those that had a Mind to be satisfied in the Action might desire to know by what just Means the King came into their Hands How Subjects whom the Law of England never call'd Enemies could be said to have conquer'd him How God came intituled to it when it was so directly contrary to the Law of God And how the Law of the Land which was their common Cry to defend could justifie that Rebellion and Parricide which it every where condemns And is it enough think ye
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
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
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
would think to have prov'd where when and how at least rendred it probable that there was once some such thing done though the Grant be lost And if they took it themselves it was Unjust in its Original and consequently they had no more Right to chuse their Kings than Children have to chuse their Fathers And yet from this false Position magisterially determines That Kings do no Acts of Grace and Bounty but in discharge of their publick Duty The Sum of the King's Discourse saith he is against settling Religion by violent Means and yet never did thing more eagerly than to molest and persecute the Consciences of most religious Men and made a War and lost all rather than not uphold an Hierarchy of persecuting Bishops That Consciences are not to be forced but to be reduced by force of Truth aid of Time and use of good Means of Instructions and Perswasions was his Principle as well as Queen Elizabeth's but saith Sir Francis Walsingham concerning the Queen's proceedings in the like Cases Causes of Conscience when they exceed their Bounds V. Hist of the Reform Part 2. f. 418. and grow to be matter of Faction lose their Nature and Sovereign Princes ought distinctly to punish their Practices and Contempt though colour'd with the pretences of Conscience and Religion And according to this saith he the Queen proceeded And if the King also did distinguish Faction from Conscience and Tenderness from Singularity blame the Law not him But He obtruded new Ceremonies upon the English and a new Liturgy upon the Scots with his Sword Saving the Reverence of the Thing it is Indifferent whether a Man Preach with his Hat on or hung upon a Pin the Hugonots have one way and the English another The same also may be said of Ceremonies but how indifferent soever they are in themselves when they are once commanded the indifferency ceases in the Law that enjoyns them And for that other of the Liturgy upon the Scots the King obtruded it not on them much less with his Sword because it was sent them at their own Request as I have shown before But admitting their Kirk liked it not what had they to do with a Church that did Or what Authority had Tweed to reform Thames least of all to give Law to their King and that too with beat of Drum and Colours displayed Especially when one of their own Acts of Parliament says Continuation of Sir R. Baker f. 514. That it should be damnable and detestable Treason in the highest Degree to levy Arms or any Military Forces upon any pretext whatever without the King 's Royal Commission Nor is this all For their National Covenant oblig'd them to his Defence or else what means this Expression in it Sir W. Dudg his short View f. 132. That whensoever his Majesty's Honour and Interest should be in Danger they would as one Man obliged by the Laws of God and Man apply themselves to his Succour and Defence And the Chancellor and others the Lords of that Kingdom had by their Letter of 1. July 1643. assured his Majesty That no Arms should be raised without his special Commission And after all this and contrary to the Common tye of Nature to run into open Rebellion against him What may it mean I 'll tell ye This Matter had been hatching ever since the Third of his Reign and though the Chick appear'd not till the Year 1637 yet it could run about with the Shell upon its Head and it wanted not Friends in England to keep it alive till it could feed it self and if it liked not one Barn-door take to another The Metaphor is too visible to need Application There was a kind of a Kirk Party in England that finding the King firm to his Principles knew there was no better way to deal with him than by reducing him to Necessities to the end that being forc'd to extraordinary means for Supply he might disgust the People and consequently attract an Odium But what 's a Bow without a Bowman The Scots and they made but one Kirk Money was the Nerve that would keep them together and what need many words among Friends Nor were they long without the occasion of shewing their Fidelity The new Liturgy as before had been sent to Edinburgh The Scots presently take the Alarm are quieted again but lost nothing by it and in return make the King all Protestations of future Loyalty How comes it then you 'll say that it was not long after that they invaded England and after that took Arms for the Parliament against the King The Case is plain the King had no Money the Houses had or at least knew where to get it Nor will it be unworth any Man's while to see what that was They had as a Relief to the Scots for their Losses 17 Car. 1. and a supply of our Brethren of Scotland for so the Act words it 220000 l. rais'd for them by Act of Parliament By an Ordinance of Lords and Commons Vid. Hughes's Abridgement of Acts and Ordinances p. 92. 27 Octob. 43. 66666 13 4. for their Brotherly Assistance in the defence of the common cause of Religion and Liberty By a like Ordinance Feb. 20. 1644. 21000 l. per Mens Id. p. 178. for the maintenance of the Scots Army under the Earl of Leven Further confirm'd Id. p. 197. June 13. 1645. Continued for four Months more Id. p. 220. 25 Aug. 1645. By a like Ordinance Id. p. 201. June 20. 1645. 130000 l. for enabling the Scots Army to advance Southward And by a like Ordinance Decem. 3. 1645. 31000 l. Id. p. 237. for payment of the Scots Army Besides all which I find in the continuation of Sir Richard Baker Fol. 611. Several other Moneys rais'd for the Scots which because they agree neither in Sum nor time I thought fit to transcribe and leave it to my Reader to judge of it as he thinks fit Taxed by them in 16 Car. 1. 350 l. per diem on the Bishoprick of Durham and 300 l. per diem on the County of Northumberland on the penalty of Plundering In the 20th they were impowered by Parliament to assess for themselves the twentieth part of the North c. In the 21st sent them 30000 l. to induce them to besiege Newark In the 22d 200000 l. more for delivering up the King And another 200000 l. secur'd them out of the publick Faith And 16000 l. allowed them for the charge of their Carriages All which I leave as I said to my Reader to judge and whether notwithstanding all that cry of Religion and Loyalty it far'd not with them like Atalanta in the Fable Declinat cursus Ovidâ—◠〈◊〉 l. 10. Fâ—â— 15. aurumque vâ—luâ—ile tollit And truly considering all if they were not well paid for their Pains I wish they were CHAP. XIV Vpon the Covenant UPON this Theam saith our Answerer his Discourse is long his Matter little
shewn wherein this Book had been so ill or unwisely settled But were there That had been to question the Godliness and Wisdom of the Compilers of it whom Mr. Fox calls Martyrs or what was worse 2 and 3 Ed. 6. c. 1. run foul of the Statute that says It was concluded by the aid of the Holy-Ghost But says he Edward the Sixth confesses it was no other than the Old Mass-Book done into English and modell'd no farther off it lest by too great an alteration they should incense the People And prudently one would think because to run farthest from what one was last may be a sign that he has altered his Opinion but no Argument that it is for the better But the point lies elsewhere The Universities had thrown more Truants abroad than the Church of England either could or thought fit to provide for to have gone back again they were too well known and to set up in the Country there requir'd no more but a few Notes at St. Mary's and a double Portion of Lungs and Confidence for Words says he will follow of themselves And if they had the knack of laying Damnation home to them whom should the People run after but those that could save them As if a Man had a Sore Leg and he should go to an honest judicious Chirurgeon and he should only bid him keep it warm and anoint it with such an Oil an Oil well known and that would do the Cure haply he would not much regard him because he knows beforehand the Medicine is but ordinary But if he should go to a Quack that should tell him your Leg will Gangrene in three days and must be cut off or you 'll die unless you do something that I could tell you what listning would there be to this Man Oh for the Lord's Sake tell me what it is I will give you any Content for you Pains And such was the Trade of these Men they cry'd down the Common-Prayer not that they could justly find any fault with that Dose of prepar'd Words as he calls it but make the better way for their own Enthusiasms whereas there seems no reason why a Man may not as well Pray in a Set-Form which is commanded as Sing in a Set-Tone which was never so much as recommended But we 'll examine it a little It is the advice of the Preacher Be not rash with thy Mouth Eccles 5. v. 2. and let not thy Heart be hasty to utter any thing before God For God is in Heaven and thou upon Earth therefore let thy Words be few And when the Disciples besought our Saviour to teach them to Pray Luke 11.1 as John also taught his Disciples how easy had it been for him if he had approv'd this Extemporary way to have bade them take no care for what they should say for it should be given them in that Hour Whereas on the contrary Math. 6.7.9 he not only forbade them the use of vain Repetitions as the Heathen do but laid an Injunction on them to pray after this manner Our Father which art in Heaven c. And denounced Woe to the Scribes and Pharisees for devouring Widows Houses under a Pretence of long Prayer Mar. 12.40 In a word and if the Authority of Holy Writ be of any force I think our Gifted Men may make up their Packs unless they produce some equal Authority to counterbalance it and if they shall not there was besides that Authority an Act of Parliament in the Case which no Ordinance could ever amend much less abrogate but least of all were Cranmer Ridley Latimer c. alive would they thank him for saying this English Mass-Book was Composed for ought we know by Men neither Learned nor Godly CHAP. XVII Of the differences between the King and the two Houses in point of Church-Government TOuching the Government of the Church by Bishops saith His Majesty the common Jealousie hath been that I am earnest and resolute to maintain it not so much out of Piety as Policy and reason of State And saith our Answerer hath been so fully prov'd from the Scriptures to be vicious and usurp'd that whether out of Piety or Policy maintain'd it is not material With this further that we may have learnt from Sacred Story and times of Reformation that the King 's of this World have both ever hated and instinctively feared the Church of God But that they have been so prov'd to be as he says he takes it for granted that his Assertion is Proof enough for other he gives none unless it be that Pharaoh when he grew jealous least the Israelites should multiply and fight against him his Fear stirr'd him up to afflict and keep them under And to the same drift this King and his Father found the Bishops most Serviceable And now 't is all out and we see what that Church of God he means is viz. The Seditious Exorbitancy of Ministers Tongues which his Father and himself and Queen Elizabeth before them so Instinctively nor without just cause had reason to suspect A sort of People which King James the first calls Proud Puritans 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 65. who cry we are all but vile Worms and yet will judge and give Law to their King but will be judged nor controul'd by none And some Leaves before Id. p. 30. Informing the People that all Kings and Princes were naturally Enemies to the Liberty of the Church and could never patiently bear the Yoke of Christ Id. p. 31. and therefore saith he take heed my Son to such very Pests in Church and Commonweal whom no deserts can oblige neither Oaths nor Promises bind breathing nothing but Sedition and Calumnies aspiring without measure railing without reason and making their own Imaginations without any Warrant of the word the Square of their Conscience Nor were they of less disturbance to Queen Elizabeth than they had been to him as witness that Letter of Sir Francis Walsingham's before-mention'd Chap. 13 And the Lord Keeper Puckering's Speech in Parliament where by the same name of Puritans he charges them to have persecuted Her Majesty so vigorously that they thereby open'd the Door to the Spanish Invasion and warn'd the Parliament from her Majesty to give no Ear to their wearisome Sollicitations for while in the giddiness of their Spirits they labour to advance a new Eldership they do nothing but disturb the good Repose of the Church and the Commonwealth And how they dealt with his Majesty there are few Men sure can be so much Strangers at home as not to know And therefore if the Bishops as Cicero in his Consulship says of himself Eos qui otium pertuban◠reddam otiosos took his way of Silencing that Seditious Exorbitance of their Tongues they were Serviceable I must acknowlege it but wherein did they exceed the Obligation of their Office But to proceed What the Bishops by the Laws and Constitutions of this Kingdom were and are
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-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