beginning of this Parliament accepted of one for the County of York Gave his People to understand That He had awarded the like Commissions into all the Counties of England and Dominion of Wales to provide for and secure them in a legal way lest under a pretence of danger and want of Authority from His Majesty to put them into a Military posture they should be drawn and engaged in any opposition against Him or His just Authority But 21 June 1642. e The Lords and Commons in Parliament Declaring The design of their Propositions of raising horse and moneys was to maintain the Protestant Religion and the Kings Authority and Person and that the Forces already attending His Majesty and His preparations at first coloured under the pretence of a guard being not so great a guard as they themselves had constantly for 6. moneths before did evidently appear to be intended for some great and extraordinary disign so as at this time also they do not charge the King with any maner of action of War or any thing done in a way or course of War against them and gave just cause of fear and jealousie to the Parliament being never yet by any Law of God or man accounted to be a sufficient cause or ground for Subjects to make a War against their Soveraign did forbid all Mayors Sheriffs Bayliffs and other Officers to publish His Majesties said Letter to the City of London And declare that if He should use any force for the recovery of Hull or suppressing of their Ordinance for the Militia it should be held a levying War against the Parliament and all this done before His Majesty had granted any Commission for the levying or raising of a man and lest the King should have any maner or provision of War to defend himself when their Army or Sir John Hotham should come to assault Him Powder and Armes were every where seized on and Cutlers Gun-smiths Sadlers and all Warlike Trades ordered not to send any to York but to give a weekly account what was made or sold by them And an Order made the 24. day of June 1642. That the Horses which should be sent in for the Service of the Parliament when they came to the number of 60. should be trained and so still as the number increased 4. July 1642. The King by His Letter under His signe Manual commanded all the Judges of England in their circuits f to use all means to suppresse Popery Riots and unlawful assemblies and to give the People to understand His Resolution to maintain the Protestant Religion and the Laws of the Kingdom and not to govern by any Arbitrary way and that if any should give the King or them to understand of any thing wherein they held themselves grieved and desired a just reformation He would speedily give them such an answer as they should have cause to thank Him for His Justice and favour But the same day a Declaration was published by both Houses of Parliament commanding g That no Sheriff Mayor Bayliff Parson Vicar Curate or other Sir Richard Gurney the Lord Mayor of London not many dayes before having been imprisoned for proclaiming the Kings Proclamation against the bringing in of Plate c. should publish or Proclaim any Proclamation Declaration or other Paper in the Kings Name which should be contrary to any Order Ordinance or Declaration of both Houses of Parliament or the proceedings thereof and Order h That in case any forces should be brought out of one County into another to disturb the Peace thereof they should be suppressed by the Trained bands and Voluntiers of the adjacent Counties Shortly after Sir John Hotham fortifieth the Town of Hull whilest the King is at York i seizeth on a Ship coming to Him with provisions for His houshold takes Mr. Ashburnham one of the Kings Servants prisoner intercepts Letters sent from the Queen to the King and drowneth part of the Countrey round about the Town k which the Parliament allows of and promise satisfaction to the owners 5 July 1642. They Order a subscription of Plate and Horse to be made in every Countey and list the Horse under Commanders and the morrow after Order 2000. men should be sent to relieve Sir John Hotham in case the King should besiege him to which purpose Drums were beat up in London and the adjacent parts to Hull The Earl of Warwick Ordered to send Ships to Humber to his assistance instructions drawn up to be sent to the Deputy-Lieutenants of the several Counties to tender the Propositions for the raising of Horses Plate and Money Mr. Hastings and divers of the Kings Commissioners of Array impeached for supposed high Crimes and misdemeanours and a Committee of five Lords and ten of the House of Commons ordered to meet every morning for the laying out of ten thousand pounds of the Guild-hall moneys for the buying of 700. Horse and that 10000. Foot to be raised in London and the Countrey be imployed by direction of the Parliament and the Lord Brook is furnished with 6. pieces of Ordinance out of the Tower of London to fortifie the Castle of Warwick And 9. July 1642. Order That in case the Earl of Northampton should come into that County with a Commission of Array they should raise the Militia to suppresse him And that the Common Councel of London should consider of a way for the speedy raising of the 10000. Foot and that they should be listed and put in pay within four dayes after 11. July 1642. l The King sends to the Parliament to cause the Town of Hull to be delivered unto Him and desires to have their answer by the 15. of that moneth and as then had used no force against it But m the morrow after before that message could come unto them they resolve upon the Question That an Army shall be forthwith raised for the defence of the Kings Person and both Houses of Parliament and n those who have obeyed their Orders Commands in preserving the true Religion the Laws Liberties and the Peace of the Kingdom and that they would live and dye with the Earl of Essex whom they nominate General in that Cause 12. July 1642. Declare That they will protect all that shall be imployed in their assistance and Militia And 16. July 1642. Petition the King o to forbear any preparations or actions of War and to dismisse His extraordinary guards to come nearer to them and hearken to their advice but before that Petition could be answered wherein the King offered when the Town of Hull should be delivered to Him He would no longer have an Army before it and should be assured that the same pretence which took Hull from him may not put a Garrison into Newcastle into which after the Parliaments surprise of Hull He was inforced to place a Governour and a small Garrison He would also remove that Garrison and so as His Magizine and Navy
fight and have been told that the King shot at them for the safety of His own Person and that they also shot against Him for the safety of His own Person and being asked which of the two parties he believed did really or most of all intend the safety of it we cannot tell how to think any man such a stranger to nature reason or understanding as to think the King should not fight as the Dictates of nature perswaded him to or that the King could tell how to fight against those that fought for him or that if he should be so hugely mistaken in that one year or Battel he should be in several other years and Battels after To fight for the defence of the Religion established as they made also the people believe was as needless when the King offered to do every thing might help to promote it and they are so little also to be credited in that pretence as we know they did all they could from the beginning to ruine it took away Episcopacy the hedge and bounds of it brought in Presbytery to preach up and aid their Rebellion and when their own turns were served encouraged Conventicles and Tub-preachers to pull down the Presbytery And being demanded at the treaty at Uxbridge by the Kings Commissioners what Religion they would have the King to establish were so unprovided of an answer as they could not resolve what to nominate nor in any of their propositions afterwards sent to the King though ofted urged and complained of by the Scottish Commissioners could ever finde the way to do it but have now set up an Independent extemporary enthusiastick kinde of worshipping God if there were any such thing in it or rather a religious Chaos or gallimaufrey of all maner of heresies errours blasphemies and opinions put together not any of the owners of which we can be confident will subscribe to that opinion that Wars may be made for Religion or that conscience ought to be forced by it As for the restrictive part of the Laws to keep the people in subjection we can very well perswade our selves no such War was ever made yet in the World nor any people ever found that would engage in a War for that they obeyed but against their wills And for that part of the Law that gives them the Kings protection priviledges immunities and certainties of deciding controversies which are more fitly to be called the Liberties of the people then to have 45. of the House of Commons or a Faction to make daily and hourly Laws Religion and Government and vote their estates in and out to pay an Army to force their obedience to it if we had not out-lived the Parliaments disguises and pretences saw them now tearing them up by the roots that there may be no hope of their growing up again and setting up their own as well as the ignorant and illiterate fancies of Mechaniques and Souldiers in stead of them we might have said that also had been needless when the King had done abundantly enough already and offered to grant any thing more that could in reason be demanded of Him And as touching their priviledges of Parliament They that understand but any thing of the Laws of England or have but looked into the Records and Journals of Parliament can tell that all priviledges of Parliament as King James said were at first bestowed upon them by the Kings and Princes of this Kingdom That priviledges of Parliament extended not to Treason or Felony or breach of the Peace That m 32. Hen. 6. Sir Thomas Thorpe Speaker of the House of Commons being arrested in execution in the time of the prorogation of the Parliament the Commons demanded he might be set at liberty according to their priviledges whereupon the Judges being asked their Councel therein made answer that general supersedeas of Parliament there were none but special supersedeas there was in which case of special supersedeas every Member of the House of Commons ought to enjoy the same unless in cases of Treason Felony or breach of the Peace After which answer it was determined that the said Sir Thomas Thorpe should lye in execution and the Commons were required on the behalf of the King to choose a new Speaker which they did and presented to the King accordingly That Queen Elizabeth was assured by her Judges that she might commit any of her Parliament during the Parliament for any offence committed against her Crown and dignity and they shewed her precedents for it and that primo tertio Caroli Regis upon search of precedents in the several great cases of the Earls of Arundel and Bristol very much insisted and stood upon the House of Peers in Parliament allowed of the exception of Treason Felony and breach of the Peace For indeed it is as impossible to think that there can be any priviledge to commit Treason as to think that a King should priviledge all his Nobility and every one of his Subjects that could get to be elected into the House of Commons in Parliament to commit Treason and to take away his life in the time of Parliament whensoever their revenge or malice or interest should find the opportunity to do it or that if it could be so any King or Prince would ever call or summon a Parliament to expose himself to such a latitude of danger or give them leave to sit as long as they would to breed it or that priviledges of Treason can be consistent with the name or being of a Parliament to consult and advise with the King for the defence of him and his Kingdom or that when Felony and breach of Peace are excepted out of their priviledge Treason that is of a far higher nature consequence and punishment should be allowed them or if there could have been any such priviledge and a meaner man then their Soveraign had broke it a small understanding may inform them that they could not without breach of the Peace have fought for it against a fellow Subject and then also could not their priviledges have reached to it but the King might have punished them for it and if they cannot upon a breach of priviledge n as it was adjudged in Halls case without the Kings writ and the cause first certified in Chancery deliver one of their own servants arrested It is not likely any warrant can be found in Law to inforce the King to reparation though he himself should have broken it but to petition the King for an allowance of that or any other priviledge as well in the middle or any other time of their sitting in Parliament as they alwayes do at the presenting of their Speaker in the beginning of it Wherefore certainly the People never gave the Parliament Commission if they could have given a Commission to make a War against their Soveraign to claim that was never due to them or to fight for that was never yet fought for by any of their
them to rescue his Brother Lot and his goods and was blessed by Melchisedec the Priest of the most high God for doing of it Or if the k War which the Tribes of Israel made against the Tribe of Benjamin and the men of Gibeah for committing lewdness and folly in Israel that of l David to rescue his wives that were carried away captive by the Amalekites or m to fetch home the Ark of God from the Philistines that which n Ahab made with Benhadad the king of Syria who was not half so Tyrannical in his Propositions as the Parliament were approved of in sacred Story or that which was made by Judas Maccabeus and his Brethren to rescue the decayed Estate of the people of the Jews or that which was used to be made by the heathen pro aris focis were never yet so much as suspected to be unlawful How shall this of the kings be condemned that had as much as Abraham David Ahab against Benhadad o Judas Maccabeus and the tribes of Israel or those heathens that made it pro aris focis put them all together to warrant it Or by what reason or Law is any man by the Laws of England excused for killing a man in his own defence when he is necessitated to it or for killing theeves that come to assault or rob him in his House or Castle If the King shall be hunted from his House through all the parts and corners of his Kingdom for his Life and not only for his Life but his Honour and not only for his Life and Honour but his Conscience and yet must never draw his sword or seek to defend himself or have any body else to do it for him Or how have all the Kings Princes and Magistrates of the world hitherto governed and defended themselves and their people or shall ever be able to give an account of the people committed to their charge if they may not be at liberty to make a Legal use of the sword power and reason which God hath given them Or how can those State riddles like those of Sphinx only made to destroy men withal that they fought for the King and Parliament as is alledged in many of their Orders and Declarations and that the war on the Kings part was a Rebellion raised against the King and Parliament as is expressed in the p Ordinance of Parliament for association of the Counties of Pembroke Cardigan and Caermarthen be ever understood by any rules of sense or reason if he had been as he was not on the offensive part of the war and had begun it against them Or how the Earl of Essex and Sir Thomas Fairfax could as there was Law and reason enough to perswade them to it believe that the war made by the King against the Scots wherein they served and took command under him was lawful and that a War in his own defence against the forces of the Parliament wherein they were shortly after successively one after the other Generals and Commanders against him should be unlawful or that they which seised the Town and Magazine of Hull and first began the war against the King who only defended himself and the people committed to his charge can possibly be understood to have done it in their own defence or that what they did could in the means and way which they used or took unto it and the sad and dire effects and consequences of it receive any other interpretation then that they began made a war against the King upon a colour only and pretence that they made it for him But if any shall be so in love with the sense of the House of Commons as to be out of their own senses and think that though there be no maner of evidence or proof to be had for love or money that the Parliament were constrained to defend themselves by a war yet the Kings admitting of the Preamble of the Parliaments Propositions presented to him at the Isle of Wight that the Parliament was necessitated to take up Arms in their just and lawful defence makes him who must needs be best acquainted with his own actions to be so clearly guilty of all the blood that hath been shed in these wars as it puts to silence all that can be now alledged or said in his behalf They that made the preamble and placed it in limine and the threshold of the Treaty on purpose to catch and insnare him for either he must have denied it at the very beginning and entrance into the Treaty and leave his Kingdoms and people to wallow in the blood and misery which their Parliament Idols had brought them to have all the blame laid upon him for hindring a Peace which he had so much longed and laboured for or put himself and all his Loyal Subjects that helped to defend him under the burden of those Sins and Shames which the Parliament themselves had all the right to can tell their undone and deluded Proselytes how much the King stuck at it how unwilling he was to break off the Treaty and was unwilling to wrong his own Innocency and that when the Parliament Commissioners had not any thing either in Law Truth Reason or Argument to perswade him to yield unto it but laid it only as a case of necessity before him though there was no such preamble at the Treaties of Oxford and Uxbridg nor any such necessity at those times insisted upon that unless he would take the guilt upon himself his two Houses of Parliament and the People had engaged with them must necessarily be guilty of Treason and could not have any security from the guilt and punishment of it The King bemoaning himself and people that must be thus shut out from any hopes of peace intreated some expedient or medium might be found out to reconcile the differences But Cains sins being greater then could be forgiven him unless Abel can be brought to say he killed Cain they that could afterward finde an expedient for 21. of their great Councel of State that refused to subscribe to the lawfulness of murdering the King after it was done could finde none at all for the King to purchase a Peace for the people though many kinds of ways and expedients as allowing Him to make a preamble to his own propositions that the war made by Him was made in his own defence or the like might have been easily contrived and thought upon For the truth was the Independent party desired no Peace at all the Presbyterian desired it only to get into their hands the Kings Power Authority lay the guilt of all the blood they had shed for it upon Him both of them were so well content to have Him allow of the preamble as the latter thought himself safe and out of controversie if the King took the blood upon Him and the former that it would prove no small advantage or colour to
it 192 CHAP. VIII VVHether the conditions offered by the King would not have been more profitable if they had been accepted and what the people have got instead of them 205 ERRATA Which escaped the Press PAg. 120. l. 15. read their for they p. 118. l. 20. Saxon for Sixon p. 122. l. 22. interfere a. KING CHARLES The first No Man of Blood BUT A Martyr for his People THat there hath been now almost seven years spent in Civil Wars abundance of Blood-shed and more Ruine and Misery brought upon the Kingdom by it then all the several Changes Conquests and Civil Wars it hath endured from the time of Brute or the first Inhabitants of it every mans woful experience some onely excepted who have been gainers by it will easily assent unto No mervail therefore that many of those who if all they alledge for themselves that they were not the cause of it could be granted to be true might either have hindred or lessened it would now put the blame of so horrid a business from themselves and lay it upon any they can perswade to bear it And that the Conquerours who would binde their Kings in Chains and their Princes with fetters of Iron and think they have a Commission from Heaven to do it the guilt of it being necessarily either to be charged upon the Conquerors or conquered are not willing to have their triumphant Chayres and the glories as they are made believe that hang upon their shoulders defiled with it but do all they can to load their Captives with it But howsoever though the successe and power of an Army hath frighted it so far out of question as to charge it upon the King and take away his life for it by making those that must of necessity be guilty of the fact if He should have been as in all reason He ought to have been acquited of it the onely Judges of him It may well become the judgement and conscience of every man that will be but either a good Subject or a Christian not to lend out his Soul and Salvation so much on trust as to take those that are parties and the most ignorant sort of mens words for it but to enter into a most serious examination of the matter of Fact it self and by tracing out the footsteps of Truth see what a conclusion may be drawn out of it In pursuance whereof for I hope the original of this Sea of blood will not prove so unsearchable as the head of Nile we shall enquire who first of all raised the Feares and Jealousies Secondly represent set down the truth of the matter of Fact and proceedings betwixt the King and Parliament from the tumultuous and seditious coming of the People to the Parliament and Whitehall until the 25. Aug. 1642. when he set up his Standard at Nottingham and from the setting up of his Standard until the 13 Septemb. 1642. when the Parliament by their many acts of hostility and a negative and churlish answer to his propositions might well have put him out of hope of any good to be obtained from them by messages of Peace sent unto them Thirdly whether a Prince or other Magistrate labouring to suppresse or punish a rebellion of the People be tied to those rules are necessary to the justifying of a war if it were made between equals Fourthly suppose the war to be made with a neighbour Prince or between equals whether the King or Parliament were in the defensive or justifiable part of it Fifthly whether the Parliament in their pretended magistracy have not taken lesser occasions to punish or provide against insurrections treasons and rebellions as they are pleased to call them Sixthly who most desired Peace and offered fairliest for it Seventhly who laboured to shorten the War and who to lengthen it Eightly whether the Conditions proffered by the King would not have been more profitable for the People if they had been accepted and what the Kingdom and People have got in stead of it CHAP. I. Who first of all Raised the Fears and Jealousies THe desiring of a guard for the Parliament because of a tale rather then a plot That the Earl of Crawford had a purpose to take away the Marquis of Hamiltons life in Scotland the refusing of a legal guard offered by the King and His protestation to be as careful of their safety as of the safety of His Wife and Children The dream of a Taylor lying in a ditch in Finsbury fields of this and the other good Lord and Common-wealths-men to be taken away The training of horses under ground and a plague-plaister or rather a clout taken from a galled horse-back sent into the House of Commons to Mr. Pym A designe of the Inhabitants of Covent-Garden to murther the City of London News from France Italy Spain and Denmark of Armies ready to come for England and a supposition or feaverish fancy That the King intended to introduce Popery and alter Religion and take away the Laws and Liberties of the people and many other the like seditious delusions the People so much as their misery will give them leave have now found out the way to laugh at either came from the Parliament party or were cherished and turned into advantages by them For they had found the way and lost nothing by it to be ever jealous of the King And whilest he did all he could to shew them that there was no cause for it they who were jealous without a cause could be so cunning as to make all the haste they could to weaken Him and strengthen themselves by such kind of artifices But He that could not choose but take notice that there were secret ties and combinations betwixt his English and Scottish subjects the latter of whom the Earl of Essex and Sir Thomas Fairfax themselves understood to be no better then Rebels and therefore served in places of Command in His Majesties Army against them That Sir Arthur Haselrig had brought in a Bill in Parliament to take the Militia by Sea and Land away from him saw himself not long after by a printed Remonstrance or Declaration made to the People of all they could but imagine to be errours in his government arraigned and little lesse then deposed The Bishops and divers great Lords driven from the Parliament by Tumults Was inforced to keep his gates at White-hall shut and procure divers Captains and Commanders to lodge there and to allow them a table to be a guard for him and had been fully informed of many Trayterous Speeches used by some seditious mechaniques of London as that It was pitty He should raigne and that The Prince would make a better King was yet so far from being jealous or solicitous to defend himself by the sword and power which God had intrusted him with as when he had need and reason enough to do it he still granted them that he might not seem to deny what might but seem to be for the good
him If he would not grant it they would settle and dispose it without him And the morrow after Resolve upon the Question That the Kingdom be forthwith put in a posture of Defence in such a way as was already agreed upon by both Houses of Parliament and Order the Earl of Northumberland Lord High-Admiral to Rig and send to Sea His Majesties Navy and notwithstanding that the King 4 March 1641. by His Letter directed to the Lord Keeper Littleton had signified that He would wholly desist from any proceedings against the five Members and Kimbolton Sir John Hotham a Member of the House of Commons who before the King had accused the five Members and Kimbolton k had by Order of Parliament seized upon the Town of Hull the onely fortified place of strength in the Kingdom and made a Garison of it summoned and forced in many of the trained Soldiers of the County of York to help him to guard it Eighth of March 1641. Before the King could get to York it was Voted That whatsoever the two Houses of Parliament should Vote or Declare to be Law the People were bound to obey And when not long after the King offered to go in person to suppresse the Irish Rebellion That was Voted to be against the Law and an encouragement to the Rebels and they Declared that whosoever should assist him in his Voyage thither should be taken for an enemy to the Common-weale And 15 of March 1641. Resolved upon the Question That the several Commissions granted under the great Seal to the Lieutenants of the several Counties were illegal and void and that whosoever should execute any power over the Militia by colour of any such Commission without consent of both Houses of Parliament should be accounted a disturber of the peace of the Kingdom l April 1642. Sir John Hotham seizeth the Kings Magazine at Hull and when the King went but with a small attendance to demand an entrance into the Town denies him though he had then no Order to do it Notwithstanding all which the 28 of April 1642. they Vote That what he had done was in obedience to the commands of both Houses of Parliament and that the Kings proclaiming him to be a Traytor was a high breath of Priviledge of Parliament And Ordered All Sheriffs and Difficers to assist their Committees sent down with those their Votes to Sir John Hotham In the mean time the Pulpits flame with seditious invectives against the King and incitements to Rebellion and the People running headlong into it had all maner of countenance and encouragement unto it but those Ministers that preached Obedience and sought to prevent it were sure to be imprisoned and put out of their places for it Sir Henry Ludlow could be heard to say in the House of Commons m That the King was not worthy to Reign in England And Henry s Marten That the Kingly Office waâ— forfeitable and the happiness of the Kingdom did not depend upon him and his Progeny And though the King demanded justice of them were neither punished nor put out of the House nor so much as questioned or blamed for it The Militia the principal part of the Kings regality without which it was impossible either to be a King or to govern and the sword which God had given him and his Ancestors for more then a thousand years together had enjoyed and none in the Barons wars nor any Rebellion of the Kingdom since the very being or essence of it durst ever heretofore presume to ask for must now be wrestled for and taken away from him The Commissions of Array being the old legal way by which the Kings of England had a power to raise and levy men for the defence of themselves and the Kingdom Voted to be illegal The passage at Sea defended against him and his Navy kept from him by the Earl of Warwick whilest the King all this while contenting himself to be meerly passive and only busying himself in giving answers to some Parliament Messages Declarations to wooe and intreat them out of this distemper cannot be proved to have done any one action like a war or to have so much as an intention to do it unless they can make his demanding an entrance into Hull with about twenty of His followers unarmed in His company and undertaking to return and leave the Governor in possession of it to be otherwise then it ought to be 5. of May 1642. The King being informed n That Sir John Hotham sent out Warrants to Constables to raise the Trained bands of York-shire writes His Letter to the Sheriff of that Country to forbid the Trained bands and commands them to repair to their dwelling houses 12. of May 1642. Perceiving himself every where endangered and a most horrid Rebellion framing against Him and Sir John Hotham so near Him at Hull as within a dayes journey of Him moves the o Country of York for a Troop of horse consisting of the prime Gentry of that Country and a Regiment of the Trained bands of foot to be for a guard unto Him caused the oath of Allegiance to be administred unto them But the Parliament thereupon Vote p That it appeared the King seduced by wicked Councel intended to make a war against them and till then if their own Votes should be true must acquite Him from any thing more then an intention as they call it to do it And that whosoever should assist him are Lraytors by the fundamental Laws of the Kingdom The Earl of Essex Lord-Chamberlain of the Kings houshold and all other of the Kings houshold servants forbid to go to him and the Kings putting some of them out and others in their places Voted to be an injury to the Parliament Messengers were sent for the apprehending some Earls and Barons about Him and some of His Bed-Chamber as if they had been Felons The Lord Keepers going to Him with the Great-Seal when He sent for him Voted To be a breach of Priviledge and pursued with a Warrant directed to all Mayors and Bayliffs to apprehend him Caused the Kings Rents and Revenues to be brought in to them and forbid any to be paid Him Many of His Officers and Servants put out of their places for being Loyal unto Him and those that were ill affected to Him put in their rooms and many of His own Servants tempted and procured by rewards and maintenance to tarry with them and be false and active against Him The twenty sixth day of May 1642. A Declaration is sent to the King but printed and published before he could receive it That q Whatsoever they should Vote is not by Law to be questioned either by the King or Subjects No precedent can limit or bound their proceedings A Parliament may dispose of any thing wherein the King or People have any right The Soveraign power resides in both Houses of Parliament The King hath no Negative voice The levying of
War against the Personal commands of the King though accompanied with His presence is not a levying of War against the King but a levying War against His Laws and Authority which they have power to declare is levying of War against the King Treason cannot be committed against His Person otherwise then as He was intrusted They have power to judge whether He discharge His trust or not that if they should follow the highest precedents of other Parliaments paterns there would be no cause to complain of want of modesty or duty in them and that it belonged onely to them to Judge of the Law r 27 of May The King by His Proclamation forbids all His Subjects and Trained bands of the Kingdom to Rise March or Muster But the Parliament on the same day Commanded all Sheriffs Justices of Peace Constables within one hundred and fifty miles of York to seize and make stay of all Arms and Ammunition going thither And Declaring the said Proclamation to be void in Law s command all men to Rise Muster and March and not to Muster or March by any other Authority or Commission and the Sheriffs of all Counties the morrow after commanded with the posse Comitatus to suppresse any of the Kings Subjects that should be drawn thither by His command secure and seize upon the Magazines of the Counties protected all that were Delinquents against Him make all to be Delinquents that attended him and put out of the House of Peers nine Lords at once for obeying the Kings summons and going to Him t 3. June 1642. The King summoning the Ministery Gentry and Free-holders of the County of York declared to them the reasons of providing himself a guard and u that he had no intention to make a War and the morrow after forbad the Lord Willough by of Parham to Muster and Trayn the County of Lincoln who under colour of an Ordinance of Parliament for the Militia had begun to do it x 10 June 1642. The Parliament by a Declaration signifying That the King intended to make a War against His Parliament invited the Citizens of London and all others well affected as they pleased to miscall them within 80 miles of the City to bring money or plate into the Guild Hall London and to subscribe for Men Horses and Arms to maintain the Protestant Religion the Kings Person and Authority free course of Justice Laws of the Land and priviledges of Parliament and the morrow after send 19. propositions to the King That the great affairs of the Kingdom and Militia may be managed by consent and approbation of Parliament all the great officers of Estate Privy Councel Ambassadors and Ministers of State and Judges be chosen by them that the Government Education and Marriage of the Kings Children be by their consent and approbation and all the Forts and Castles of the Kingdom put under the Command and Custody of such as they should approve of and that no Peers to be made hereafter should sit or vote in Parliament without the consent of Parliament y with several other demands which if the King should have granted would at once in effect not only have undone and put His Subjects out of His protection but have deposed both himself and his posterity and then they would proceed to regulate His Revenue and deliver up the Town of Hull into such hands as the King by consent and approbation of Parliament should appoint But the King having the same day before those goodly demands came to his hands being a greater breach of His Royal Priviledges then His demanding of the five Members and Kimbolton if it had not been Lawful for him so to do could be of theirs z granted a Commission of array for the County of Lecester to the Earl of Huntington and by a letter sent along with it directed it for the present onely to Muster and Array the Trained bands a And 13. June 1642. Declared to the Lords attending Him at York That He would not engage them in any War against the Parliament unless it were for His necessary defence whereupon the Lord keeper Littleton who a little before had either been affrighted or seduced by the Parliament to vote their new Militia The Duke of Richmond Marquis Hartford Earl of Salisbury Lord Gray of Ruthen now Earl of Kent and divers Earls and Barons engaged not to obey any Order or Ordinance concerning the Militia which had not the Royal assent to it 14 June 1642. Being informed b That the Parliament endeavoured to borrow great sums of money of the City of London and that there was great labour used to perswade His Subjects to furnish horse and money upon pretence of providing a guard for the Parliament By His Letter to the Lord Mayor Aldermen and Sheriffs of London disavowing any purpose of making a War declared That He had not the least thought of raising or using of forces unless He should be compelled to do it for His own defence forbiddeth therefore the lending of money or raising of horses Within two days after the Lord Keeper Duke of Richmond Marquis Hartford Earl of Salisbury Lord Gray of Ruthen with 17 Earls and 14. Barons the Lord Chief-Justice Bancks and sundry others of eminent quality and reputation attest His Majesties Declaration and profession that He had no intention to make a War but abhorred it and c That they perceived no Councels or preparations tending to any such design and send it with His Majesties Declaration to the Parliament In the mean time the Committee of Parliament appointed to make the propositions to the City of London for the raising of horse viz. 15 June 1642. Made report to the House of Commons That the Citizens did very cheerfully accept the same there being for indeed there had been some design and resolution a year before concerning the melting of plate to raise monies already great store of plate and monies brought into Guild-Hall for that purpose and an Ordinance of Parliament was made for the Earl of Warwick to be Lord Admiral and keep the Navy though the King had commanded him upon pain of Treason to deliver up the Ships to Him And the Lord Brook sent down into Warwich-shire to settle the Militia 17 June 1642. A Committee of both Houses was appointed to go to the City of London to inquire what store of Horse Monies and Plate were already raised upon the Propositions 18 June 1642. The King by His Proclamation Disclaiming any intention to make War against His Parliament forbiddeth all levies of Forces without His Majesties expresse pleasure signified under His Great Seal And 20 June 1642. Informing all His Subjects by His Proclamation of the Lawfulness of His Commissions of Array d That besides many other Warrants and Authorities of the Law Judge Hutton and Judge Crooke in their arguments against the Ship-money agreed them to be Lawful and the Earl of Essex himself had in the
might be delivered unto Him all Armies and Levies made by the Parliament laid down the pretended Ordinance for the Militia disavowed and the Parliament adjourned to a secure place He would lay down Armes and repair to them and desired all differences might be freely debated in a Parliamentary way whereby the Law might recover its due reverence the Subject his just Liberty Parliaments their full vigour and estimation and the whole Kingdom a blessed Peace and prosperity and requiring their answer by the 27. of that July promised till then not to make any attempt of force upon Hull they had Armed their General with power against Him given him a Commission to kill and slay all that should oppose him in the execution of it and chosen their General of the Horse 8. August 1642. Upon information That some of the Town of Portsmouth had revolted to Collonel Goring being but sent thither with a message from the King and Declared for His Majesty Order Forces to be sent thither speedily to beleaguer it by Land and the Earl of Warwick to send thither 5. Ships of the Navy to prevent any Forraign forces coming to their assistance and upon Intelligence that the Earl of Northampton appeared with great strength at Banbury to hinder the Lord Brooks carrying the pieces of Ordinance to Warwick Ordered 5000. Horse and Foot to be sent to assist Him 9. August 1642. Upon information That the Marquis of Hartford and divers others were in Somerset-shire demanding obedience to the Kings Commission of Array and to have the Magazine of the County to be delivered unto them Gave power to the Earl of Essex their Lord-General the Lord Brook and others to apprehend the Marquis of Hartford and Earl of Northampton and their complices and to kill and slay all that should oppose them And the day following gave the Earl of Stamford a Commission to raise forces for the suppressing of any that should attempt for the King in Leicester-shire or the adjacent Counties And on the eleventh of August 1642. Upon the Kings Proclamation two dayes before Declaring the Earl of Essex and all that should adhere unto him in the levying of Forces and not come in and yield to His Majesty within 6. dayes to be Traytors p vote the said Proclamation to be against the Fundamental Laws of the Kingdom Declare their resolutions to maintain and assist the Earl of Essex and resolve to spend no more time in Declarations and Petitions but to endeavour by raising of Forces to suppress the Kings Party Though all that the Kings Loyal Subjects did at that time for Him was but to execute the Commission of Array in the old legal way of the Militia and within a day or two after Ordered the Earl of Essex their Lord General to set forth with his Army of Horse upon the Monday following but not so much as an answer would be afforded to the Kings message sent from Hull where whilest He with patience and hope forbore any action or attempt of force according to His promise Sir John Hotham sallied out in the night and murdered many of His fellow Subjects 12. August 1642. The King though he might well understand the great leavies of Men and Armes ready to march against Him by a Declaration published to all His Subjects assures them as in the presence of God That all the Acts passed by him in this Parliament should be as equally observed as those which most of all concerned His own interest and rights and that His quarrel was not against the Parliament but particular men and therefore desired That the Lord Kimbolton Mr. Hollis Sir Henry Ludlow Sir Arthur Haslerig Mr. Strode Mr. Martin Mr. Hampden Alderman Pennington and Capt. Venne might be delivered into the hands of Iustice to be tried by their Peeres according to the known Laws of the Land and against the Earles of Essex Warwick Stamford Lord Brook Sir John Hotham Major General Skippon and those who should exercise the Militia by vertue of the Ordinance He would cause Indictments to be drawn of High Treason upon the Statute of 25. Edw. 3. and if they submit to trial and plead the Ordinance would rest satisfied if they should be acquited But when this produced as little effect as all other endeavours He had used for peace He that saw the Hydra in the mud and slime of Sedition in its Embryo birth and growth and finds him now erected ready to devour him must now though very unwilling to cast off His beloved Robe of Peace forsake an abused patience and believe no more in the hopes of other remedies which had so often deceived Him but if He will give any account to the Watch-man of Israel of the People committed to his Charge or to the People of his protection of them or any maner of satisfaction to his own judgement and discretion betake himselfe to the sword which God had intrusted Him with and therefore makes the best use He could of those few friends were about Him and with the money which the Queen had not long before borrowed and the small supplies He had obtained of His servants and friends about Him who pawned and engaged their Plate Jewels and Lands for Him with those Lords and Gentlemen that willingly offered to bear him company in His troubles provides what men arms He could in his way towards Nottingham where He intended to set up His Standard But the Parliament about the 23. of August 1642. having received some information that He intended to set up His Standard at Nottingham Declare q That now it appears to all the world that there is good ground of their fears and jealousies which if ever there had been any as there was no cause at all of any more then that some of them meaning to murder or ruine Him they were often afraid He should take notice of it and seek to defend himself there was by their own confession till this time no manifest or certain ground appearing that He intended to defend himself against the Parliament and therefore Order That all that shall suffer in their Estates by any forces raised by the King without consent of Parliament shall have full reparation of their damages out of the Estates of the Actors and out of the Estates of all such Persons in any part of the Kingdom who should persist to serve the King in this War against the Parliament and That it should be Lawful for any number of persons to ioyn and defend themselves and that the Earl of Essex their General should grant out Commissions for levying and conducting forces into the Northern parts And Sir John Hotham the Governor of Hull assist them and Command also the Sheriffs of the County of York and the adjacent Counties with the power of the Counties and Trained bands to aide them and to seize upon all that shall execute the Commission of Array for His Majesty who thus sufficiently beset by those that intended what since
to pursue and give him battail When Sheba the son of Bichri blew a Trumpet and said f We have no part in David every man to his Tent O Israel and thereupon every man of Israel followed after him and forsook their King David who knew that Moses would not make a War upon the Amorites though he had Gods commandment for it without offers of Peace and messengers sent first unto them said to Amasa Assemble me the men of Judah within three dayes and when he tarried longer said unto him Take thou thy Lords servants and pursue after him lest he get him fenced Cities and escape us For they that would take heed of Cockatrices have ever used to kill them in the shell And g diligenti cuique Imperatori ac magistratui danda est opera saith Bodin ut non tam seditiones tollere quam praeoccupare studeant For sedition saith he once kindled like a spark of fire blown by popular fury may sooner fire a whole City then be extinguished Et tales igitur pestes opprimere derepente necesse est Princes and Soveraigns who are bound to protect and defend their Subjects are not to stand still and suffer one to oppress another and themselves to be undone by it afterwards But put the case that the Parliament could have been called â— Parliament when they had driven away the King which is the head and life of it or could have been said to have been two Houses of Parliament when there was not at that time above a third part of the House of Peers nor the half of the House of Commons remaining in them and what those few did in their absence was either forced by a Faction of their own or a party of Seditious Londoners for indeed the War rightly considered was not betwixt the Parliament and the King but a War made by a Factious and Seditious part of the Parliament against the King and the major part of the Parliament and had been as it never was nor could be by the Laws and constitution of the Kingdom co-ordinate and equal with the King and joint tenants of the Kingdom it would have been necessary to make the War as just as they could and to have done all that had been in order to it and therefore we hope they which pretend so much to the Justice of the Kingdom will not be offended to have the Justice of their War something examined CHAP. IV. Suppose the War to be made with a neighbour Prince or between equals whether the King or Parliament were in the defensive or justifiable part of it PLerique h saith learned Grotius tres statuunt bellorum justas causas defensionem recuperationem punitionem Three causes are usually alleaged by Princes or States to justifie wars viz. in the defence or recovery of their own or for punishment for a wrong done For any defence the Parliament might pretend a necessity of The King neither assaulted them nor used any violence to them when they first of all granted out their Propositions and Commissions of War unless they can turn their jealousies into a Creed and make the Kings demanding the five Members and Kimbolton being done by warrant of the Law of the Land and the Records and precedents of their own houses appear to be an assaulting of them Or if any reasonable man knew but how to make that to be an assault or a necessary cause of War for them to revenge it the Kings waving and relinquishing of his charge afterwards against them might have certainly been enough to have taken away the cause of it if there had been any howsoever a War made onely to revenge a bare demand or request of a thing was neither so much as forced or a second time demanded of them but was totally laid aside and retracted can never be accounted just As for the recovery of things lost or taken away the Parliament it self had nothing taken from them for both they and the people were so far from being losers at that time by the King as i the Remonstrance of the House of Commons made to the people 15. December 1641. of the Kings errors as they pleased to call them in the government but indeed the errors rather of his Ministers and themselves also in busying him with brawles and quarrels and denying to give him fitting supplies k mentions how much and how many beneficial Laws the King had granted them And so the Parliament and people being no losers and the King never denying them any thing which could in honour or conscience be granted them That part of the justifying of a War will no way also belong to them But if the punishment for offences and injuries past if they could be so properly called being a third cause of justifying a War could be but imagined to be a cause to justifie the Parliaments War against the King Yet they were to remember another Rule or Law of War l Ne nimis veteres causae accersantur That they do not pick quarrels by raking up past grievances and that it be not propter leviusculas injurias or for trifles For when the King who if he had been no more then co-ordinate with them had called them to counsel to advise him followed their advice in every thing he could finde any reason for taken away all grievances made a large provision to prevent them for the future by granting the Triennial Parliament and so large an amends for every thing they could but tell how to complain of there was so little left to the people and the Parliament to quarrel for as they were much behind in thankfulness for what they had got of him already Or if any other causes or provocations should be imagined as mis-using the Parliaments Messengers or the like we know the King unless it were by his patience and often Messages for Peace was guilty of no provocations but on the contrary though he had all maner of scorns and reproaches cast upon him and his Messengers evil intreated by them could never be brought to return or retaliate it to any of theirs But nothing as yet serving to excuse them it will not be amiss to examine the Causes as they are set down by themselves to justifie their war and so we may well suppose there are no other A War against the King for safety of His own Person was needless and then it comes within that rule of War and Law of Nations Ne leves sint causae belli not to make a War unnecessary for the King would look to that himself and as they were His Subjects they as well as every honest Subject were bound to defend and assist Him but not whether he would or no and in such a way of defence as would tend to His ruine rather then His safety For surely should any stranger of another Kingdom or Nation have casually passed by Edge-hill when the Kings and the Parliaments Armies were in
forefathers nor ever understood to be taken from them much less for their ayrie innovated pretences rather than priviledges which have since eaten up all the peoples Laws and Liberties as well as a good part of their lives and estates with it and are now become to be every thing which their representatives will and arbitrary power have a mind to make it who have so driven away their old legal priviledges by setting up illegal and fantastique Priviledges as they are pleased to call them in stead of them as there is nothing now left of the Parliament like a Parliament neither matter nor form nor any thing at all remaining of it For the upper and lower houses have driven away and fought against the King who was their Head the lower after that have driven away the upper and fourty-five of the House of Commons whereof eleven are great Officers and Commanders in the Army have after that imprisoned and driven away four hundred of their fellow Members And from a degenerate and distempered piece of a Parliament brought themselves to be but a representative or journey-men voters to a Councel of War of their own mercenary and mechanique Army and may sit another eight years before ever they shall be able to finde a reason to satisfie any man that is not a fool or a mad-man or a fellow Sharer in the spoiles of an abused and deluded Nation Why the Kings demanding of the five Members and Kimbolton by undeniable warrant of the Laws of the Land and the Records and precedents of their own houses upon a charge or accusation of Treason for endeavouring amongst other pieces of Treason to alter the Government and subvert the fundamental Laws of the Kingdom which the Parliament and they themselves which were accused have more then once declared to be Treason should be taken to be so great a breach of priviledge in the King their Soveraign when the forcing and over-awing the houses of Parliament by the Army their servants and hirelings demanding the eleven Members and imprisoning and banishing some of them upon imaginary and fantastical offences committed against themselves or they could not tell whom shall be reckoned to be no breach at all of priviledge and the forcing of the Houses by the same Army within a year afterwards by setting guards upon them violently pulling two of the Members of the House of Commons out of the House and imprisoning them and 39. of their fellow Members all night in an Alehouse and leading them afterwards to several prisons with guards set upon them as if they had been common malefactors can be called mercies and deliverances and a purging and taking away rotten Members out of the House of Commons But now that we can finde nothing to make a defensive or Lawful nor so much as a necessary war on the Parliaments part for causa belli o saith Besoldus correspondere debet damno periculo the Parliament fears and jealousies were not of weight enough to put the people into a misery far beyond the utmost of what their fears and jealousies suggested to them did amount unto we shall do well to examine by the rules and laws of war and Nations the ways and means they used in it p Injustum censetur bellum si non ejus penes quem est Majestas authoritate moveatur a War cannot be just if it be not made by a Lawful authority Armorum delatio prohibitio ad Principem spectat q It belongs to the Prince to raise or forbid Armes and the Records of the Parliament which we take to be a better sense of the House then their own purposes can inform them that the Prelates Earls Barons and Commonalty of the Realm did in the seventh year of the reign of King Edw. the first declare to the King r That it belongeth and his part is through his Royal Signory straightly to defend force of Armour and all other force against his Peace when it shall please him and to punish them which shall do the contrary according to the Laws and usages of the Realm and that thereunto they were bound to aid their Soveraign Lord the King at all seasons when need shall be How much ado then will they have to make a War against their Soveraign to be lawful or if by any warrant of Laws Divine or Humane they could but tell how to absolve themselves from their oathes of Supremacy Allegiance and their very many protestations and acknowledgements of subjection to the King finde a Supream Authority to be in the people at the same time they swore an Allegiance and obedience to the King and at the same time they not onely stiled themselves but all those they represented to be his subjects Or how will they be able to produce a warrant from the people their now pretended Soveraignes till they shall be able sufficiently to enslave them to authorize them to make a War to undo them when they elected them but to consent to such things as should be treated of by the King and his Lords for the defence of the King and his Kingdom Or how could a tenth part of the people give warrant to them to fight against the King and the other nine parts of the people Or can that be a good warrant when some of them were cheated and the other by plunderings and sequestrations forced to yield to it Or could the pretence of a war for defence of the Kings Person and to maintain the Religion Laws and Liberties of the people be a warrant to the Parliament which never sought any thing for the King and people but to take away the Soveraignty from the one and the Liberties of the other to do every thing was contrary unto it But if that could have legitimated their actions as it never did or will be able By the rules of Justice in the practise of War and Nations s si bellum geratur sine denunciatione in captivos tanquam latrones animad verti possit It is a thievery rather than a War not to denounce or give notice of it beforehand and in this also the Parliament was faulty for they took Hull and Portsmouth and the Kings Navy and Magazine from him when He hoped better things of them and sent out their Armies and the Earl of Essex against Him whilest He was in treaty with them and offered all that He could for to have a peace with them t Bellum item impium injustumque sit si modus debitus non observetur A War is unjust if there be not a due way of proceedings held in it which especially consisteth in not hurting the Innocent Church-men Husbandmen weak or impotent People as old men women and children and in this also they will fall short of an excuse For how full is every Town and Village of the truth as well as the complaints of the unchristian usage of old and sick people women and children beaten wounded or
notwithstanding all that made shift to throw a message or Declaration to his people made up like a ball out of the place of his close Imprisonment at Carisbrook was not like to desire the lengthening that war wch he did all he could to avoid and offered so much to make an end of but on the contrary if we take inour consideration the more then Gothish unheard of inhumane cruelties acted and done by the Parliament against their better fellow Subjects their Plundrings Sequestrations and racking of every mans estate they pleased to call Delinquents severities in all their actions standing upon every punctilio or word or superscription of a Letter and not abating a tittle of their demands as if they had been the Decalogue or some other place of Scripture though rivolets of blood hundred thousand of ruined families and thronged hospitals of sick and wounded men Widows and Fatherless cryed aloud to them for peace and their killing and murthering those that but Petitioned for it and a foundation laid of a new War may last as long as that of the Netherlands and Germany There will be enough and enough again to insure us of this most cleer and evident truth That the King did all he could and more then any man else would have done to obtain peace and the Faction or Parliment all they could to avoid it for certainly if there be any rules of Learning Truth or Reason left us to judge by He must be sequestred of all his brains that can but endeavour to make a doubt whether the King did not more resemble the true mother of the Child in the case before Solomon who did so much and offered to part with so much to save the life of it then the Parliament that would have it more divided and to be cut and torn all to bits and pieces and would do nothing at all to save but every thing to destroy it And now we have seen a King undone and imprisoned for his endeavours to protect his people and bring again beloved Peace to those that would not entertain it and heard the report of his murther for most of the peoples eyes have not seen it nor have their hearts acted in it we shall as most men do after they have lost a good offer or oportunity enquire CHAP. VIII Whether the conditions offered by the King would not have been more profitable if they had been accepted and what the people have goâ— instead of them IN order to which though so woful and over-and-over-bitterly-Tasted Seen Felt Heard and Understood-experiences of the miseries wch have come unto us by the Parliaments not accepting the gracious offers conditions wch the King made unto them may make it to be as needless to enquire of them as for a man to ask where to find Pauls Steeple in London when he is in Pauls Church-yard or to enquire for the Sun in the Dog-dayes when he and every man else may see or feel the effects of it we shall be content to consider what the King offered and what the Parliament would have had him to grant What the King would have done and what the Parliament have done and by that see which would have been the better bargain The King like a pater patriae offered over and over to grant all manner of Laws and Liberties which might be good and wholsome for his people and only denyed to grant those things the granting whereof as he said himself vvould alter the Fundamental Lavvs and endanger the very foundations upon vvhich the publick happiness and vvelfare of his people were founded and constituted or to give them stones instead of bread or Scorpions instead of Fishes But the Parliament meaning to feed the people neither vvith bread nor fishes ask the Royal Svvord Crown and Scepter Coronation-Oath and Conscience and an Arbitrary povver to Govern and Domineere over their fellow Subjects and to enslave those that trusted them And though the King had already granted enough to preserve the Lavvs Lives Religion and Liberty of the people and vvas so vvilling almost at any rate to purchase a peace for himself and his people as he vvas content to part vvith his Svvord and Militia and divers other parts of his Regality during his life Yet that vvould not serve the turne t vvas Naboths Vineyard not Ahabs Fast wch made all the business The Faction or Partie in the Parliament that pretended so much to deny themselves and to dote upon the people do notwithstanding all they can to continue the War and to cozen and force the peoples blood estates and conscience out of them and they must never give over paying of Taxes fighting and fooling till they enable them to imprison their King and not only murder him but thousands and many ten thousands of their fellow Subjects and the Laws Religion and Liberties of the people And now that they have done more then the men of the Gunpowder-treason ever intended to do and that all England are become like sheep without a Shephard wandring on the mountains and thousands of Wolves by Votes and Ordinances and mis-called Acts of Parliament appointed to feed them four or five years sad experience in the Wars of the Parliament against the King and almost as much more time spent in setling subduing the people making them like Camels to kneel down to take up their burdens labour and travel hard and endure hunger and thirst under them yet yield up the veines to be pricked for blood to enable their drivers to furnish them with a new supply of burdens when they shall be discharged of what they have laid upon them may easily shew us a difference as big as a mountain betwixt our old good Laws and Liberties enjoyed under a gracious King who had an Estate of inheritance large enough of his own besides an Oath to oblige Him to protect us and a Hell upon Earth and the most Slavish of all the governments which were ever yet put upon a Nation by men of as little Wit and Estates as they have honesty having no other obligations upon them but their own abhominable designs and interests For which of the people unless those that have traded in their neighbours blood and ruine but hath made their complaints of their undoing The Religion of the Kingdom once so glorious is now cut into fancies and blasphemies the Churches where God was wont to be worshipped either defaced pulled down or made Stables for horses the Laws of the Kingdom which were consonant to the Word of God and had in them the Quintessence of all which could be found to be extant in the Laws of Nature Nations Civil Laws or rectified Reason and whatsoever the wisdom and care of all former Kings in Parliament or the usage and customes of this or any other neighbouring Nations could bring to its perfection and were wont to nourish and preserve peace and property among us voted out or into that sense or the other
accusers themselves were only guilty of When Bradshaw himself like the Jews High Priest confessing a truth against his will in the words which he gave in stead of reason for murthering the King against the will and good liking of more then 9. parts in every â—0 of the people of England could make his Masters that call themselves the Parliament of England to be no better then the Tribuni plebis of Rome and the Ephori of Sparta the former of which for manifold mischiefs and inconveniences were abrogated and laid aside and never more thought fit to be used and the latter not being half so bad as our new State Gipsies killed and made away to restore the people again to their Liberties But the opinion and judgement of the Learned Lord Chief Justice Popham who then little thought his grand-child Collonel Popham should joyn with those that sat with their Hats on their heads and directed the murther of their Soveraign and if he were now living would sure enough have hanged him for it and those other learned Judges in the case and Tryal of the Earl of Essex in the Reign of Queen Elizabeth That b an intent to hurt the Soveraign Prince as well as the Act of it was Treason And that the Laws of England do interpret every act of Rebellion or Treason to aim at the death or deposing the Prince For that Rebels by their good will never suffer that King or Prince to live or Reign that understands their purposes and may revenge them agreeable to that of the Civil Law That they that go about to give Law to their Prince will never suffer him to recover Authority to punish it and the opinion of Mr. St. John the late Kings Sollicitor General in his argument against the Earl of Strafford at a conference in a Committee of both Houses of Parliament That the intending advising or declaring of a War is Treason of compassing the Kings death that an endeavour to subvert the fundamental Laws and Government of England and introduce a Tyrannical Government against Law is Treason that an intention to alter Laws or Government is Treason that the insurrection of Wat Tiler and some of the Commons in the Reign of King R. 2. though varnished and coloured over with an oath quod Regi Communibus fidelitatem servarent That they would be true and faithful to the King and Commonalty was in Parliament declared to be Treason and that a machination or plotting a War is a compassing the death of the King as that which necessarily tends to the destruction both of the King and of the people That it is Treason to counterfeit the great Seal and that the exciting of people to take Arms and throw down all the inclosures of the Kingdom though nothing was done in pursuance thereof was in Easter Term 39. Eliz. resolved by all the Iudges of England to be a war intended against the Queen are now written in the blood of the King those many iterated complaints of the King in several of His Declarations published to the people in the midst of the Parliaments greatest pretences and promises that they intended to take away His life and ruine Him are now gone beyond suspicion and every man may know the meaning of their Canoneers levelling at the King with perspective glasses at Copredy bridge the acquitting of Pym the In-keeper who said he would wash his hands in the Kings Heart Blood stifling of 15. or 16. several indictments for treasonable words Rolfe rewarded for his purpose to kill him and the prosecutors checqued and some of them imprisoned for it For the Sun in the Firmament and the four great quarters of the Earth and the Shapes and Lineaments of man are not so universally known seen or spoken of as this will be most certain to the present as well as after ages The end hath now verified the beginning and Quod primum suit in intentione ultimo loco agitur Seven years hypocritical Promises and Practises seven years Pretences and seven years mistaken preaching and pratling have now brought us all to this conclusion as well as Confusion The blood of old England is let out by a greater witchcraft and cousenage then that of Medea when she set Pelias daughters to let out his old blood that young might come in the place of it the Cedars of Lebanon are devoured and the Trees have made the Bramble King and are like to speed as well with it as the Frogs did with the Stork that devoured them they have not only slain the King who was their Father but like Nero ript up the belly of the Common-Wealth which was their Mother The light of Israel is put out and the King Laws Religion and Liberties of the people murdered an action so horrid and a sin of so great a magnitude and complication as if we shall ask the days that are past and enquire from the one end of the Earth to the other there will not be found any wickedness like to this great wickedness or hath been heard like it The Seavern Thames Trent and Humber four of the greatest Rivers of the Kingdom with all their lesser running streams of the Island in their continual courses and those huge heaps of water in the Ocean and girdle of it in their restless agitations will never be able to scour and wash away the guilt and stain of it though all the rain which the clouds shall ever bring forth and impart to this Nation and the tears of those that bewail the loss of a King of so eminent graces and perfection shall be added to it Quis cladem illius diei quis funera fando Explicet aut possit lachrymis aequare dolores Gens antiqua ruit multos dominata per Annos FINIS a Order 3. Jan. 1641. b Camden Annals Eliz. 99. 103. c Ibidem p. 391. 394 395. d Vide the vote in Mr. Viccars book entituled God in the Mount p. 78. e Collect. of Parl. and Decl. and Kings Mess. and Decl. p. 50. f Ibid. 51. g Ibid. 52. h Ibid. 53. i Ibid. 77. 78. k Vide the Petition of some Holderness men to the King 6 July 1642. l Ibid. 153. m Ibid. 550. n Ibid. 169. 170. o Collect. Par. Decl. 183. p Ibid. 259. q Ibid. p. 297. 298. r Ibid. 301. s Ibid. 305. t Ibid. 328. u Ibid. 333. x Ibid. 339. 340. 342. y Collect. of Parl. Mess. and Declar. 307 308 309. z Ibid. 346 348. a Ibid. 349. 350. b Ibid. 350. c Ibid. 356 357. d Collect. Par. Decl. 373 374. e Ibid. 376. f Ibid. 442. g Ibid. 449. h Ibid. 450. i Ibid. 453 k Ibid. 459. l Ibid. 452. m Ibid. 457. n Ibid. 457. o Ibid. 465. 483. p Ibid. 509. q Ibid. 573 574 575 576. r Vide the Kings Declaration printed at Oxford and ordered to be read in Churches and Chappels Cokes 1. part Institutes 65. 11. H. 7. 18 19. H 7. 1. Collect. Kings Messages 579. s Ibid. 583. t Ibid. 585. u Ibid. 586. x Ibid. 614. y Alber. Gentil 223. z Besoldus in dissert. de jure Belli 77. 78. a Albert Gent. 23. b Lucan lib. 2. c Cicero Philippic. 5. d Per Prisot e 2 Sam. 15. f 2 Sam. 20. g Bodin pag. 736. h H. Grotius de jure pacis belli i Collect. of Mess Remonst and Decl. 15. k Ibid. 45. 50. 52. 55. 67. 98. 91. 94. 103. 104. 106. 109. 110. 114. 127. 255. 327. 353. 442. 472. 562. 580. 484. 686. l Besoldus in dissert. philolog p. 58. m 32. Hen. 6. n 18 Eliz. o Besoldus dissert. philog pa 88. p C. an quid culpatur 23. q Dn. D. Bocer de bello cap. 5. Besoldus de juribus Majestatis cap. 6. r 7. Ed. 1. s Facius axiom 35. t Besoldus dissert. philolog 88. u Besoldus Ibid. 95. x Dn. Picart observat. decad 10. code Facius axiom bell 10. y Besoldus in dissert. philolog p. 83. z Cic. 1â— de offi a Jov. lib. 1. b Polydor. 13. 20. c Albericus Gentilis cap. 3. d Jerom. ep. 47. e Cicero pro milone f Baldus 3. consid. 485. confid 5. g Alberic Genti lib. 1. 25. h Bald. 5. Cons. p. 439. i Genes 14. k Judges 20. l 1 Sam. 30. m 2 Sam. 6. n 1 Reg. 20. o 1 Mac. 3. v. 43. p 8. June 1644. q {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} ca. 28. r History of the Marquis Montrosse his actions in Scotland Collect. Kings Messages and Answers a Weavers Funeral Monuments pa. 605. b Camdens Annals Eliz. pa. 798.
of his People every thing they could reasonably ask of him or he could but reasonably tell how to part with though he could not be ignorant but an ill use might be made of them against himself As the putting down of the Star-Chamber and high Commission Court the Courts of Honour and of the North and Welch marches Commissions for the making of Gunpowder allowing them approbation or nomination of the Lievetenant of the Tower and did all and more then all his Predecessors put together to remove their jealousies And when that would not do it stood still and saw the game plaid on further Many Tumults raised many Libels and Scandalous Pamphlets publiquely printed against His Person and Government and when he complained of it in Parliament so little care was taken to redress it as that the Peoples coming to Westminster in a Tumultuous maner set on and invited by Pennington and Ven two of the most active Mechanick Sectaries of the House of Commons it was excused and called a Liberty of Petitioning And as for the Libels and Pamphlets the licensing of Books before they should be printed and all other restraint of the printing presses were taken away and complaints being made against Pamphlets and Seditious books some of the Members of the House of Commons were heard to say The work would not be done without them and complaints being also made to Mr. Pym against some wicked men which were ill affected to the Government he answered It was not now a time to discourage their Friends but to make use of them And here being as many jealousies and fears as could possibly be raised or fancied without a ground on the one side against all the endeavours could be used on the other side to remove them We shall in the next place take a view of the matter of Fact that followed upon them and bring before you CHAP. II. The Proceedings betwixt the King and the Parliament from the Tumultuous and Seditious coming of the People to the Parliament and White-Hall till the 13. of September 1642. being 18 dayes after the King had set up His Standard at Nottingham WHen all the King could do to bring the Parliament to a better understanding of Him did as they were pleased to make their advantage of it but make them seem to be the more unsatisfied that they might the better mis-represent Him to the People and petition out of his hands as much power as they could tell how to perswade him to grant them and that he had proofs enow of what hath been since written in the blood and hearts of His People That the five Members and Kimbolton intended to root out Him and His Posterity subvert the Laws and alter the Religion and Government of the Kingdom and had therefore sent His Serjeant at Arms to demand their persons and Justice to be done upon them In stead of obedience to it an order was made a That every man might rescue them and apprehend the Serjeant at Arms for doing it which Parliament Records would blush at And Queen Elizabeth who was wont to answer her better composed Parliaments upon lesser occasions with a b Cavete ne patientiam Principis laedatis caused Parry a Doctor of the Civil Laws and a Member of the House of Commons by the judgement and advice of as sage and learned a privy Council and Judges as any Prince in Christendom ever had to be hanged drawn and quartered for Treason in the c old Palace of Westminster when the Parliament was sitting would have wondred at And 4 January 1641. desiring only to bring them to a legal tryal and examination went in Person to demand them and found that his own peaceable behaviour and fewer attendants then the two Speakers of the Parliament had afterwards when they brought a whole Army at their heels to charge and fright away eleven of their fellow Members had all maner of evil constructions put upon it and that the Houses of Parliament had adjourned into London and occasioned such a sedition amongst the People as all the Trained bands of London must guard them by Land when there was no need of it and many Boats and Lighters armed with Sea-men and murdering pieces by water and that unlesse He should have adventured the mischief and murder hath been since committed upon him by those which at that time intended as much as they have done since it was high time to think of his own safety and of so many others were concerned in it having left London but the day before upon a greater cause of fear then the Speakers of both Houses of Parliament in July 1647. to go to the Army retires with the Prince His Son whom the Parliament laboured to seise and take into their custody in His company towards York 8. January 1641. A Committee of the House of Commons sitting in London resolved upon the question d That the actions of the City of London for the defence of the Parliament were according to Law and if any man should arrest or trouble any of them for it he is declared to be an enemy to the Common-wealth And when the King to quiet the Parliament 12 Jan. 1641. was pleased to signifie that for the present he would waive his proceedings against the five Members and Kimbolton and assures the Parliament that upon all occasions He will be as careful of their Priviledges as of His Life or His Crown Yet the next day after they Declared the Lord Digby's coming to Kingston upon Thames but with a Coach and six horses in it e to be in a Warlike maner and disturbance of the Common-wealth and take occasion thereupon to order the Sheriffes of all Counties in England and Wales with the assistance of the Justices of Peace and trayned bands of the several Counties f to suppresse any unlawful assemblies and to secure the said Counties and all the Magazines in them 14 January 1641. g The King by a second Message professeth to them he never had the least intention of violating the least priviledge of Parliament and in case any doubt of breach of Priviledges remain will be willing to clear that and assert those by any reasonable way His Parliament shall advise him to But the Design must have been laid by or miscarried if that should have been taken for a satisfaction and therefore to make a quarrel which needed not they Order the morrow after a Charge and Impeachment to be made ready h against Sir Edward Herbert the Kings Attorney General for bringing into the House of Peers the third of that instant January by the Kings direction a Charge or Accusation against Kimbolton and five Members c. i In February 1641. Seize upon the Tower of London the great Magazine and Store-house of the Kingdom and set some of the trained bands of London commanded by Major General Skippon to guard it 1. March 1641. Petition for the Militia and tell
they have brought to pass against Him 25 August 1642. being some dayes after the Earl of Bedford had marched with great forces into the West that His Subjects might be informed of His danger and repair to His succour setteth up His Standard at Nottingham r being a thing of a meer legal necessity if He would have any at all to come to help Him and not forfeit and surprise those that by tenure of their Lands or by reason of offices fees or annuities enjoyed under Him were more immediately bound to assist Him And yet here He must weep over Jerusalem and once again intreat the Parliament and His Rebellious subjects to prevent their own miseries and therefore sends the Earls of Southampton and Dorset to the Parliament to desire a Treaty offering to do all on His own part which might advance the Protestant Religion oppose Popery and Superstition and secure the Laws and Liberties of his Subjects and just priviledges of Parliament Which after several scornes put upon those Noble Messengers as denying the Earl of Southampton to come and sit in the House of Peers a right by birth and inheritance due unto him and causing the Serjeant at Arms of the House of Commons to go before him with the Mace as they use to do before Delinquents They refuse to accept of unless the King would first take down His Standard and recal His Declarations and Proclamations against them To which the King the 5. Septemb. 1642. notwithstanding the Earl of Bedford had with great forces in the mean time besieged the Marquis of Hartford in the Castle of Sherborn in Dorset-shire replying That He never did Declare nor ever intended to Declare both His Houses of Parliament to be Traytors or set up His Standard against them much less to put them and the Kingdom out of His protection And utterly s protesting against it before God and the World offered to recal His Declarations and Proclamations with all cheerfulness the same day that they should revoke their Declarations against those that had assisted Him and desiring a Treaty and conjuring them to consider the bleeding condition of Ireland and the danger of England undertakes to be ready to grant any thing shall be really good for His Subjects which being brought by the Lord Falkland one of His Majesties Secretaries of State and a Member of the House of Commons and not long before in a very great esteem with them all the respect could be afforded him being to stand at the Bar of the House of Commons and deliver his Message unto them had onely an answer in a printed Declaration of the Lords and Commons returned unto him That it was Ordered and Declared by the Lords and Commons in Parliament That the Arms which they have been forced to take up or shall be forced to take up for the preservation of the Parliament Religion and the Laws and Liberties of the Kingdom shall not be laid down until His Majesty shall withdraw His protection from such persons as have been voted by both Houses of Parliament to be Delinquents or that shall by t both Houses of Parliament be voted to be Delinquents which after their mad way of voting migâ—â— have been himself his Queen or His Heir apparent and leave them to the Iustice of Parliament according to their demerites to the end that those great Charges and damages wherewithal the Common wealth hath been burdened since His Majesty departed from the Parliament might be born by the Delinquents and other Malignant and dis-affected persons and that those who by Loans of money or otherwise at their charges have assisted the Common-wealth or shall in like maner hereafter assist the Common-wealth in times of extream danger and here they would also provide for future friends and quarrels may be re-paid all sums of money leâ—â— for those purposes and satisfied their charges susteined out of the Estates of the said Delinquents and of the Malignant and dis-affected party in this Kingdom And to make good their words 8. of September 1642. Before their answer could come unto the Kings hands Ordered certain numbers of horse and foot to be sent to Garrison and secure Oxford and the morrow after before the King could possibly reply unto it their Lord General the Earl of Essex marched out of London against him with an Army of 20000. men horse and foot gallantly Armed and a great train of Artillery to attend him Notwithstanding all which and those huge impossibilities which every day more and more appeared of obtaining a Peace with those who were so much afraid to be loosers by it as they never at all intended it The King must needs send one message more unto them to try if that might not give them some occasion to send Him gentler conditions and therefore 13. September 1642. Being the same day they had impeached the Lord Strange of High-Treason for executing the Kings Commission of Array and Ordered the propositions for furnishing of horse plate and money to be tendred from house to house in the Cities of London Westminster to be sent into all the Shires Counties of England to be tendred for the same purpose and the names of the refusers to be certified Mr. May one of the Pages to the King comes to the Lords House in Parliament with a message from Him bearing date but two dayes before u That although He had used all ways and means to prevent the present distractions and dangers of the Kingdom all His labours have been fruitless that not so much as a Treaty earnestly desired by Him can be obtained though He disclaimed all His Proclamations and Declarations and the erecting of His Standard as against His Parliament unless He should denude himself of all force to defend Him from a visible strength marching against Him That now He had nothing left in His power but to express the deep sense He had of the publique misery of the Kingdom and to apply himself to a necessary defence wherein He whoily relied upon the providence of God and the affection of His good people and was so far from putting them out of His protection as when the Parliament should desire a treaty He would piously remember whose blood is to be spilt in this quarrel and cheerfully embrace it But this must also leave them as it found them in their ungodly purposes for the morrow after being the 14. day of Septemb. 1642. Mr. Hampden one of the 5. Members by this time a Collonel of the Army brings letters to the House of Commons from the Parliaments General that he was at Northampton in a very good posture and that great numbers of the Countreys thereabouts came in dayly unto him and offered to march under him and that so soon as all his forces that are about London shall come unto him which he desires may be hastened he intended to advance towards His Majesty and it was the same day voted That all things sealed by
the Kings Seal since it was carried away by the Lord Keeper Littleton should be Null and of no force in the Law and that a new Seal should be provided The King therefore seeing what He must trust to 19. September 1642. being at Wellington in Shrop-shire in the head of such small forces and friends as He could get together for the Parliament that very day had received letters That the King but the week before having a muster at Nottingham there appeared but about 3000. foot and 2000. horse and 1500. dragoons and that a great part of His men were not provided with Arms made His protestation and promise as in the presence of x Almighty God and as He hoped for His blessing and protection to maintain to the utmost of His power the true Reformed Protestant Religion established in the Church of England and that He desired to govern by the known Laws of the Land and that the Liberty and property of the Subject should be preserved with the same care as His own just rights and to observe inviolably the Laws consented to by Him in this Parliament and promised as in the sight of Almighty God if He would please by His blessing upon that Army raised for His necessary defence to preserve Him from that Rebellion to maintain the just priviledges and freedom of Parliament and govern by the known Laws of the Land In the mean while if this time of War and the great necessity and straights He was driven to should be get any violation of them He hoped it would be imputed by God and man to the Authors of the War and not to Him who had so earnestly desired and laboured for the Peace of the Kingdom and preservation thereof and that when He should fail in any of those particulars He would expect no aid or relief from any man nor protection from Heaven And now that the stage of War seems to be made ready and the Parliament party being the better furnished had not seldom shewed themselves and made several traverses over it for indeed the King having so many necessities upon him and so out of power and provision for it might in that regard onely if He had not been so unwilling to have any hurt come to his people by his own defending of himself be backward and unwillingly drawn unto it we may do well to stand by and observe who cometh first to act upon it 22. of September 1642. The Earl of Essex writeth from Warwick that he was upon his march after the King and before the 6. of October following had written to the County of Warwick with all speed to raise their Trained bands and Voluntiers to resist his forces if they should come that way and to the three Counties of Northampton Leicester and Darby to gather head and resist him if he should retire into those parts and by all that can be judged of a matter of fact so truely and faithfully represented must needs be acknowledged to have great advantages of the King by the City and Tower of London Navy Shipping Armes Ammunition the Kings Magazines all the strong Towns of the Kingdom most of the Kingdoms plate and money the Parliaments credit and high esteem which at that time the people Idolized the fiery Zeal of a Seditious Clergy to preach the people into a Rebellion and the people head-long running into the witchcraft of it When the King on the other side had little more to help him then the Laws and Religion of the Land which at that time every man began to mis-construe and pull in pieces had neither ammunition ships places of strength nor money nor any of his party or followers after the Parliament had as it were proclaimed a War against Him could come single or in small numbers through any Town or Village but were either openly assaulted or secretly betrayed no man could adventure to serve or own him but must expose himself and his Estate to be ruined either by the Parliament or people or such as for malice or profit would inform against him All the gains and places of preferment were on the Parliaments part and nothing but losses and mis-fortunes on the Kings No man was afraid to go openly to the Parliaments side and no man durst openly so much as take acquaintance of his Soveraign but if he had done a quarter of that which Ziba did to David when he brought him the 200. loaves of bread or old Barzillai or Ittai the Gittise when he went along with him when his son Absalom rebelled against him They should never have escaped so well as they did but have been sure to be undone and sequestred for it So much of the affections of the people had the Parliament cousened and stoln from them so much profit and preferment had they to perswade it and so much power to enforce those that otherwise had not a minde to it to fight against him Who thus every way encompassed about with dangers and like a Partridge hunted upon the Mountains marcheth from Shrewsbury towards Banbury perswading and picking up what help and assistance His better sort of Subjects durst adventure to afford Him in the way to which On Sunday the 23. of October 1642. for they thought it better to rob God of his Sabbath then lose an opportunity of murdering their Soveraign The Earl of Essex and Parliament army powring in from all quarters of the kingdom upon him had at Edge-hill compassed Him in on all sides and before the King could put His men in battel Array many of whom being young country fellows had no better Arms then Clubs and Staves in their hands cut out of the hedges and put His two young Sons the Prince of Wales and the Duke of York in the guard of a troop of horse at the further end of the field and had finished a short prayer a bullet of the Earl of Essex's Canon grazed at His heels as He was kneeling at His prayers on the side of a bank for Blague a villain in the Kings Army having a great Pension allowed Him for it had given notice in what part of the field the King stood that they might the better know how to shoot at him But God having a greater care of his Anointed then of their Rebellious pretences so ordered the hands of those that fought for the King as the Earl of Essex was so loaden with Victories as he left five of His men for one of the Kings dead behinde him lost his babbage and Artillery retired back to Warwick and left the King to bless God in the field where He supped with such Victuals as the more Loyal and better natured neighbours sent him when the worser sort refused to do it and lying there all night sent warrants out the next day to the neighbour Parishes to bury the dead drew off His Ordinance and marched to Banbury and yet he could not forget to pity those which were at such pains and hazard the
killed upon no provocation women and maids ravished and their fingers cut off for their rings old Best of Canterbury hanged up by the privities others tortured and had burning matches tied to their fingers to make them confess where their money was women and children and sick and aged persons starved for want of the sustenance they had taken from them husbandmen had their corn and hay spoiled in the fields and barns their sheep cattel and provisions devoured houses ruined or burnt and their horses that should help to plough and do other works of husbandry taken away in so much as some were inforced to blinde and put out their horses eyes that they might not be taken from them Churches that escaped defacing prophaned and made Stables or Gaoles or Victualing or Bawdy houses Monuments defaced and Sepulchers opened as were those of the Saxon Kings at Winchester and the Priests and Ministers not so much as suffered to weep betwixt the Porch and the Altar but their benefices and livelyhoods taken from them by Wolves put in the Shepherds places had their bookes burned and all their means and maintenance plundred from them and those that were newtrals and medled on neither side but lived as quietly as they could either totally undone or cast in prison not for that they did them any hurt but because they might do it and if they were not imprisoned their Lands Money or goods were sure to be in the fault and taken away from them u Ut bellum illaesa conscientia geratur necesse est ut adsit intentio bona There ought to be a good intention to make the War conscionable which in this appears to fail also For the Charge against the five Members is now as true as it was then they meant to ruine the King and they have done it and to alter the Government and subvert the Religion Laws and Liberties of the Kingdom and they have done a great part of it and as fast as they can are pulling down the remainder x Quaerere debemus victoriam rationibus honestis ne salutem quidem turpibus We ought to pursue victory and the just ends of War by honest and lawful means and not to do soul and dishonest things to procure our safety from which they made fears and jealousies which the Parliament made use of to usher in their pretences their faining of victories and scandaling the King and his actions not to insist upon their buying the Kings servants and secrets Battels Towns and Garrisons and making too many Judases of all that were about him will hardly be able to free them or if they could the making use of men and money intended for the support of Ireland and leaving them wallowing in their blood for seven yeares together whilst they were ruining their King that would have helped them violating of their oathes of Allegiance and Supremacy which many of their members had taken six or seven times over breaking their oathes taken in their Protestation and Nationall Covenant and not so few as one hundred solemn promises and undertakings in their severall Petitions Remonstrances and Declarations forcing the People to take the Protestation and Covenant and compel them as soon as they had taken it to break them and by cousening and forcing them into Rebellions and perjuries cheat them out of their Religion Loyalty Laws and Liberties will be sure enough to condemn them and if the great Turk carrying the Covenant which Ladâ—staus the unfortunate King of Hungary was perswaded to break with him as an ensigne of publique detestation in the battel wherein he slew him invoked the God of the Christians to help him to revenge so great a treachery there will be more reason now for all that are but Christians or but pretend to any morality to carry in their banner the pourtraict of the Kings bleeding head as it was cut from His shoulders and make War in revenge of the masterpiece and totum aggregatum of all maner of wickedness and perfidiousness who besides all their own and the peoples oaths taken to defend him when those they called Delinquents some few onely which were specially named and excepted for obeying the known Laws of the Land as well as their Oaths and Consciences were never questioned for their lives but suffered to compound for their Estates would not suffer the King that was neither a Delinquent or Excepted Person to enjoy either His Life or Estate though to save his people and keep them from killing one another He had yielded himself and became a Prisoner upon the publique faiâ—h of the Kingdoms of England and Scotland Pax aequa non est recusanda licet victoriae spes adsit y saith Besoldus A good or fitting Peace is not to be refused though the victory were certain And in this also the Parliament will be as far to seek for a justification as in the other For in stead of offering any thing which was likely to bring it they caused men and women in the first year of their War to be killed because they did but petition them to accept of a Peace and in the third and fourth year of their War plundred and robbed others that petitioned them but to hearken to it and put out of office and made all as Delinquents in the seventh year of their War that did but petition them for a Treaty with the King and refused all the Kings many very many Messages for Peace not onely when He was at the highest of His success in the war but when he was at the lowest and a prisoner to them and conjured them as they would answer at the dreadful day of Judgement to pity the bleeding conditions of His Kingdoms and people and send propositions of Peace unto Him and quarters and half years and more then a whole year together after the battel of Naseby insomuch as their fellow Rebels the Scotch Commissioners did heavily complain of it were at several times trifled away and spent before any propositions could be made ready though those which they sent to Oxford Uxbridge Newcastle and Hampton-Court were but substantially and materially the same with their nineteen Propositions which they made unto the King before the Earl of Essex was made their General and in all the Treaties made Propositions for themselves and the Soveraignty and great offices and places of the Kingdom but would neither for Gods sake or their Kings sake or their Oaths or Consciences sake or the Peoples sake or Peace sake which the people petitioned and hungred and thirsted for alter or abate one Iota or tittle of them but were so unwilling to have any Peace at all as six or seven Messengers or Trumpeters could come from the King before they could be at leisure or so manerly as to answer one of them but this or that Message from the King was received and read and laid by till a week or when they would after and the Kings Commissioners in the Treaties must
vvas ended and Shooting them to Death but for vvords or intentions And if this and many things more which might be said of it be not enough what means so many Sequestrations and the bleating and lowing of mens Sheep and Oxen taken away from them since the War was ended but for words spoken either for the King or against them husbands and fathers undone for what their wives or children did without their privity the Maior of London divers Aldermen Imprisoned but upon a suspicion of joyning with the Scots or acting in pursuance of the Covenant which they forced them to take or else would have undone them for refusing of it Garrisons and Armies with Free-quartering and Taxes kept up and the people like sheep devoured to maintain them so much complaining in our streets and the taking away from some all their lands from others what they pleased and enforced many thousands to compound for their lands estates for joyning with the Kings forces or for being forced to send provisions to them when they took up Arms some in pursuance of the Covenant and others of them to deliver the King out of prison causing the Souldiers not only to cut and kill divers of the County of Surrey in the very act of petitioning the Parliament for a Treaty of Peace with the King and Sequester many of them for putting their hands unto it with disabling the Citizens of London for bearing any Office in the Citty or Common-wealth for but putting their hands to the Petition for the Treaty though Cromwell himself had not long before set on some to petition for it and the ruine and undoing of two parts of three in the Kingdome very many of whom did nothing actually in the Wars but were only sacrified to their pretended reasons and jealousies of State do sufficiently proclaim and reâ—…ain the vvoful Registers to after generations of this lamentable assertion If the King could have gotten but so much leave of his mercy and tender-heartedness to his people as to have used but the five hundreth part of the Parliaments jealousies sharp and merciless authority in the managing of this war so much of his Kingdomes and people had not been undone and ruined nor the Parliament put to so much labour to coyne faults and scandals against him nor to wrest the Laws to Non-sense and the Scriptures to Blasphemy to justifie their most horrid act of Murdering him but for seeking to preserve the Laws and Liberties of his people who are now cleerly cheated out of them And here our miseries tels us we must leave them and in the next place shall remember for indeed it is so plain it needs no enquiry CHAP. VI Who most desired Peace and offered fairliest for it THe abundant satisfaction wch the King had offered them from his first summoning of the late Parliament to their dissolving of themselves by dissolving Him who gave them all their Life and Being that which he did and all which he would have done So many Declarations Answers and Messages penned by himself intending as much as his words could signifie and were believed and understood by all at that time that were not interessed or engaged against him and by many of the eagrest of them also that had no hand or lookt to have any profit in the murthering of him for a Tryal of a King without either Warrant or Colour of Scripture or the Laws of the Kingdome or the consent of the major part of the people if that could have authorized it cannot nay will not by all the world and after ages be otherwise interpreted unless we shall say Ravillae might have justified his killing of Henry the Fourth of France if he had but had the wit to have framed or fancied a Supreme Court of Justice and have Sentenced him before he had done it will be as Pillars and lasting Monuments of this Truth The King was the only desirer of Peace and laboured and tugged harder for it then ever Prince or King Heathen or Christian since Almighty God did his first dayes work did ever do with Superiors Equals or Subjects and it will be no wrong certainly to David whose sufferings are so much remembred in all Christian Churches complayning so bitterly That he sought peace with those that refused it and in the mean time prepared for War against him Yo say the King did suffer more and offer more and oftner for peace then ever he did for any thing is extant or appearing to us for surely so many messages of peace as one and twenty in two years space from the 5 of December 1645. to the 25. of December 1647. sent to the Parliament after so many affronts and discouragements must needs excuse him that offered all could be imagined to be for the good and safety of his people and condemn those that not only from time to time refused it but adhered so much to their first intentions as all the blood and ruine of the people could not perswade them to depart with the least punctillio of it though the King before the Isle of Wight Treaty offered so much for the Olive-Branch as to part with the Militia for the terme of his life and in a manner to un-King himself and was afterwards content to do all that his Coronation Oath Honour and Conscience could possibly permit him to do and to purchase a peace for his people would have perswaded his Innocence to have born the shame reproach of what his enemies were only guilty of in so much as the Lord Say himself and most of his ever craving never safe enough Disciples confessed that the King had offered so much as nothing more could be demanded of him They therefore that can but tell how to divide or put a difference betwixt white and black night and day and the plainest contraries must needs also acknowledg That the King offered all and the Parliment refused all the King was willing to part almost with every thing and the Parliament would never part with any thing the King was willing for the good of his people to give away almost every thing of his own but the Parliament would never yeild to part with any thing was not their own And thus may the account be quickly cast up between the King and that Parliament who would have saved and kept the people from misery and who was most unwilling to make an end of it But that we may not too hastily give the Sentence and try the business as they use to do at the Council of War or the new invented way of Justice sitting with their wil or the Sword only in one hand and no Ballance at all in the other We shall in the next place examine CHAP. VII Who laboured to Shorten the War and who to Lengthen it THe odds vvas so great betvvixt what the Parliament laboured to get and the King to keep as that vvhich swayes the balance in most mens actions vvill
interest to that every thing or nothing or to that non-sense according as the Lawless Unlimited Unjust and Ignorant will of fellow subjects shall please to mis-use them in the Voting-house or place of bandying aies or noes For a Parliament which in its legal and primitive institution consisting of King Lords and Commons and the right use of it is so venerable as no man as our Laws say ought so much as to speak or think dishonorably of it we cannot without violence to the Laws and our own reason and understanding call it where Publique orders are made without hearing of all or any parties interessed a piece of a cause heard by some and none at all of it by others votes and parties made and packed and lent to one another before-hand and the best of the Faction and juglers carry all the business as they have a mind to it A way of Justice worse then that if there were any in it of a lawless Court said to be kept yearly on a Hill betwixt Raleigh and Rochford in Essex the Wednesday after every Michaelmas-day where the Steward or Judge sitteth a in the night after the first Cockcrowing without any light or Candle and calleth all that are bound to attend the Court with as low a voice as possibly he may writes orders with a coal and they that answer not are deeply amerced For that being a particular punishment long ago inflicted upon the tenants of certain Mannors in Raleigh hundred for a conspiracy against a King is but once a year and some shift change or mercy of the Steward or an appeal may take away the inconveniency of it A vvay of government vvorse then to be subject to the rule of so many fools for they might perchance do that vvould be just or so many Knaves vvho but in playing the Knaves one vvith another or for reward might sometimes do that vvhich vvas right or Mad-men vvhich at intervals might do something vvhich vvas reasonable vvorse then for every subject of England to be put to play at dice for his Life or Estate or any thing else which he should crave a Justice to get or keep for then he might by skill or chance obtain some thing In fine vvorse then any example or vvay of Government the World hath as yet produced and can have nothing vvorse but Hell it self The Parliament and priviledges of it are destroyed and every mans Life and Estate in no better a condition then at the pleasure of the next pretenders to it All the Charters and Liberties of Cities and corporate Tovvns Corporations of Trade and Companies of Merchants made void all Merchandise Trade and manufacture of the Kingdom laid open and in common to every one that will intrude upon it all that is in the Law concerning our Lives Estates Liberties and Religion made voide and dependent upon their Arbitrary Independent power all that is in the Law concerning Navigation the Kings protection of His people certainty of Customes Trade and entercourse leagues and correspondencies with Forraigne Princes expired or anihilated and all that our forefathers have obtained by way of Laws and Settlement and certainty of Estate are now at the dispose of our Votemongers who instead of a most Pious and Gracious King governing by known Laws have set us up 43. or 50. Kings and ten times as many more Knaves and Fooles who will govern by no Law but such as they shall call Laws and make themselves can be accusers witnesses and Judges at one and the same time and if need be condemn and take away mens Estates first and try them after two or three years Petitioning for it a bondage and slavery in the general more then ever any of our ancestors tasted of For the Romans whose Justice and morality at home and vertue and temperance abroad made them free enough from Tyranny did but make them as Tributaries The Picts made but temporary incursions and a wall could be made against them The Saxons and Danes brought us good Laws and William the Conqueror was contented to restore them And all that succeeded him since understood a government by Laws to be their own as well as the peoples security but this which they have now brought upon us and would keep us under is a misery beyond that was suffered under the 30. Tyrants of Athens Spartan Ephori or Romes Decemvirat for there were something of Laws and Rules to govern by The Children of Israel in the Egyptian slavery had a property in their goods and cattel and were at liberty to serve a better God then that of their masters and though they had their burdens doubled upon them were not killed imprisoned or sequestred for petitioning against the sense of Pharaoh The Jews in captivity had so much liberty of conscience allowed to them as to play upon their Harps and sing the Songs of Sion in a strange Land The frozen Russians though so dull and ignorant as when they are asked any matter of State or difficulty make answer God and the great Duke knoweth breath not under so arbitrary and lawless a government The Grecians had not their Laws Religion and Liberties as we have all at once taken from them nor can the sufferings of them or any other vassals of the Ottoman part or those that live under the Crim Tartar equal the one half of our English Slavery Into which we had never fallen or come at all or so long groned under had we but served God and the King as we ought to have done and not wrested the sense as well as the plain words of the Scripture and the Laws of the Land to enable the sons of Zerviah to be too hard for us and bring all maner of mischief confusion and wickedness upon us more then Romes or Constantinoples Antichrist ever brought upon a people and from which the King had delivered us if we had not Cursed Reviled Prayed Contributed and fought against Him for endeavouring to Protect us How gracious then was he who endured the heat of the day and cold of the night to preserve a great deal more for us then Nabals Sheep could amount unto yet being worse used then ever David was for it could not tell how so much as to threaten to do that which David had so great a mind to do but fought as long as he could to protect them would not so much as defend themselves but did all they could to ruine those that defended him And how much was he beyond Codrus the Athenian King the Roman Curtius or Decii if all that the Ancients wrote of them were true who sacrificed themselves but not their Estates and Posterity to preserve the publique and how good beyond example or the Credit of any history who made himself a Martyr for His peoples lives and liberties and endured so many deaths and suffered more indignities then all the Kings of England put together have ever endured to preserve a people who have for a
great part of them either by Rebellion or an accursed Newtrality helped to ruine him and when he knew whatsoever Conditions or Propositions he should be forced to yield unto would by the Law of God as well as the Civil and Common Law the Laws of Nature and Nations and the dictates of every common mans reason and apprehension have been void in the very making of them and could not have reached to his posterity and that if he would but have surrendred up his people and gone along with their new masters in their Arbitrary and Tyrannical government as some of His last words upon the Scaffold plainly intimate and sided with 20. or 30. of the Faction and delivered up the Sheep to the Wolves he might no doubt have had a good part of the Fleece to his own share or but have pleased himself with revenge delivered up a people to Slavery who were at so much expence of Treasure and Blood and their own Souls to bring their Soveraign to it might have worn the title of a King and played the wanton with Sardanapalus in the company and delight of women pleased his palate with Vitellius his pride if he had any with Bassianus his cruelty if he could ever have been guilty of it with Commodus and with Childerick the lazy King of France in a Chariot deck't with garlands whilst others governed for him been at certain times of the year onely exhibited to the people and like the Minotaure of Creete wallowed in the labyrinth of Parliament priviledges and devoured his people did notwithstanding refuse to do any thing that might help himself either to purchase his own quiet or so great a Liberty and would neither for any good which might come to himself or any evil that might be cast upon him and his posterity be perswaded or threatned from the protection of His People who if He had not taken more care for them then they did for themselves must if He had yielded to all the Parliament Propositions for then they might have imagined mischief by a Law have from time to time been engaged in any War that their task-masters had a mind to put them upon must have been excised plundred sequestred ruined and undone sworn and forsworn constrayned to swear to do a thing to day and the next day swear not at all to do it The son set to kill his Father and brothers forced to fight one against another and have all their holy-dayes turned to thanks-giving days that they are undone or fasting dayes that they may be undone soon enough And if at any time that thing they call a Parliament should think it fit to make a directory to the Alchoran and to order every man to turn Turk and the King as their Henry Scobel or Town Cleark but subscribe it their Spiritual as well as their Temporal Estate and their Souls as well as their Bodies must be voted and forced to it And now let the People that have tasted too much of such a kind of happiness and are like to continue in it as long as their misery-makers can by any help of the Devil or his angels hold them to it consider whether they or their forefathers though some have thought themselves to have wit enough to adventure to call them fools were the wiser whether they that setled the government and were contented with it or they that pulled it in pieces and whether the tearing up of the fundamental Laws of Monarchy Peerage Parliament and Magna Charta ever since the day the King was murthered for defending of them which every one but themselves desired to uphold be not enough besides the Scottish combination and the plots to ruine Monarchy and the King His posterity before they had so far engaged themselves in it to inform them if nothing else had been demonstrated unto them That the King did all He could to preserve the Laws Religion and Liberties of the people which divers pieces of His coyn will help to perpetuate the truth as well as the memory of and the Parliament all they could to destroy them And that as He actually endeavoured to defend them so they have as actually undone and destroyed them And let the greatest search of History that can be made or time it self be Judge if ever any War was more made in the defensive or upon juster grounds or greater necessities or if ever any King before fought for the Liberties of those He was to govern and for Laws to restrain himself withall or if it were possible for him to suffer so much in any mans opinion as to have it thought to be unlawful or that He was a murderer of His people for seeking to protect them How shall any King or Magistrate be able to bear or use the sword when they themselves shall be in continual danger to be beaten with it King Edward the 2. of England was not murdered for the blood that was shed in the Barons wars though some of them had drawn their swords but in performance of his fathers will to take away his favorite Gaveston from him King Rich. 2. in those many devised Articles charged against him was not deposed for the blood was shed in Wat Tilers Commotion nor Hen. 6. publiquely accused for that of Jack Cades rebellion and the most bloody differences of the White and Red Roses nor Queen Elizabeth for all that was spilt in reducing Ireland when her favorite the Earl of Essex made it to be the more by his practises with Tyrone nor for the blood of Hacket who pretended to be Christ nor of Penry and other Sectaries lesser Incendiaries then Burton Bastwick their disciples for disturbing the Common-wealth the great Henry of France was not endeavoured by his Catholick Subjects to be brought to trial for shedding so much of their blood to reduce them to his obedience nor by his Protestant Subjects after he was turned Catholique for spending so much of their blood to another purpose then they intended it Nor have the stout-hearted Germans though many of them great and almost free Princes in their late peace and accord made betwixt the Swedes and the Emperor thought it any way reasonable or necessary to demand reparation for those millions of men women and children houses and estates which were ruined and spoiled by a 30. years war to reduce the Bohemians and Prince Elector Palatine to their obedience For what rules or bounds shall be put to every mans particular fancy or corrupted interest if they shall be at Liberty to question and call to account the authority which God hath placed over them Shall the son condemn or punish the father for his own disobedience the Wife her Husband for her own act of Adultery or the Servant the Master for his own unfaithfulness or can there be any thing in the reason or understanding of man to perswade him to think that the King was justly accused for the shedding of His Subjects blood which the