The King of England no Monarch I. THe real Sovereignty here amongst us was in King Lords and Commons Pag. 72. The King has the Militia if the People please II. The Law that saith the King shall have the Militia supposeth it to be against Enemies and not against the Common-wealth nor them that have part of the Sovereignty with him To resist him here is not to resist Power but Usurpation and private will in such a case the Parliament is no more to be resisted then He. Thes. 363. III. If the King raise Warr against such a Parliament upon their Declaration of the Dangers of the Common-wealth The People judges of the King the People are to take it as raised against the Common-wealth Thes. 358. And may depose or resist him at pleasure IV. And in that Case saith he the King may not only be resisted but ceaseth to be a King and entreth into a State of Warr with the People Thes. 368. Of These Blasphemous and Seditious Maxims though Charg'd upon Mr. Baxter by the Bishop of Worcester the Libeller takes no notice otherwise then by a Tacit Allowance of them his Agreement with Mr. Baxter in These Particulars being sufficiently intimated in his express Acknowledgment wherein he dissents Nor in Summe are they any other then the pure result of his own Opinions only Digested into a more Popular and Intelligible Methode What Judgements may not That Nation expect from Divine vengeance where This Spirit of Treachery and Impâ—sture reigns in the Pulpit Or if This be Lâ—yalty what is it which the Law calls Treason If Mr. Bagsâ—aw had been very wise he would have forborn the Justification of so great a Guilt as under his own Hand appears against him and indeed his fate is hard that his Testimony which goes for nothing against any mâ—n else should yet stand good against himseâ—f He had been wiser yet if he had totally declined the Controversie and spent Those Hours in Gratitude and Repentance which he has rather chosen to Employ in Oâ—stinacy and further Disobedience But to cast himself at once out of all Terms both of Christianity and Humanity neither to Regard his Duty to God his Neighâ—our or Himself To lash out beyond all bounds of Piety Loyalty Modesty Truth and Prudence even to the forfeiture of his own safety This is a Prodigious heap of Miscarriages and yet no more then the Just Measure of his Confidence Fâ—lly and Wickedness To dip into the Immoralities of his Life were to stir a Puddle and in Truth rather to Gratifie my Revenge then my Duty so that I shall rather adhaere to my Purpose of Discovering a Publique Enemy then exercise the Sting of a Private Passion Those Pamphlets of his which in this Discourse I have made use of against him are Thus Dated De Mon. Aâ—s 1659. The Great Question 1660. After the Act of Indempnity Pars 2 a. of the Great Quest. Sept. 10. 1661. Pars 3 a. Of Heresies Jan. 10. 1661. Brief Treatise c. Feb. 15. 1661. Two Liâ—els against the Bishop of Worcester Jan. 21. Feb. 26. 1661 2 Signs of the Times Jan. 28. 1661 â— Letter to The Lord Chancellour May 10. 1662. Only the First of These can in the very poynt of Time pretend to any favour from the Act of Pardon but That will not much avail Mr. Bagshaw who by Justifying Now what he Did Then does it over again and stands accomptable for the same Fault upon another Score But methinks the Case is not here whether This Pamphâ—et but whether or no the very Authour of it be Pardon'd and This Question if any there be arises from the very Letter both of his Majesties Declaration from Breda and of the Act it self Decl. from Breda His Majesty in his Declaration from Breda Grants a Free and General Pardon to all that shall lay hold upon that Grace and Favour and by any Publique Act Declare their doing so and Return to the Loyalty and Obedience of Good Subiects Exceptis Excipiendis Which Loyalty is to be Manifested by not Persevering in Guilt for the Future and by not Opposâ—ng the quiet and happiness of their Country in the Restoration both of King Peers and People to their Just Antient and Fundamental Rights Here 's the Promise and Condition of the Pardon Persuant to which Promise and Correspondent to which Condition the following Pardon is said expresly to be Enacted i. e. In Performance of his Royal and Gracious Word signified by His Letters to the several Houses of Parliament now Assembled Act of Pardon and His Declarations in that behalf Published Now the Qâ—estion is first Whether Those that Persevere in their Guilt and oppose the Restoration of the King to any of his Just Antient and Fundamental Rights are not by This Limiting Condition excepted from Pardon And the next Question is Whether His Majesties Supreme Authority in Causes Ecclesiastical be not One of His Just Antient and Fundamental Rights If so Whoever Persists to oppose the Prerogative Royal in This Particular has no Right or Title to the Intent or Benefit of the Act of Indempnity The Extent of his Majesties Power as to the matter in Question may be seen in King James his Ratification of The Canons and Constitutions Ecclesiastical in 1603. Annexed to the Book of Canons We do not only by our Prerogative Royal and Supreme Authority in causes Ecclesiastical ratifie confirm and establish by These our Letters Patents the said Canons Orders Ordinances and Constitutions and all and every thing in Them contained as aforesaid but do likewise propound Publish and straightly enjoyn and Command by our Authority and by These our Letters Patents the same to be diligently observed executed and equally kept by all our loving Subjects of This our Kingdom c. Straightly Charging and Commanding all Arch-Bishops Bishops and all other that exercise any Ecclesiastical Jurisdiction within This Realm every man in his place to see and procure so much as in them lieth all and every of the said Canons Orders Ordinances and Constitutions to be in all Poynts duly observed not sparing to execute the Penalties in them severally mentioned upon any that shall wittingly or wilfully break or neglect to observe the same as they Tender the Honour of God the Peace of the Church Tranquillity of the Kingdom and their Duties and Services to Us their KING and Soveraign If the King's Authority in Church-Matters reaches Thus far And if His such Authority be a Just Antient and Fundamental Right And finally if a perseverance in Guilt and the Opposal of the Restoration of His Majesty to His Just Antient and Fundamental Rights be a Delinquency which is in Terminis Excepted And that the express Condition be a Return to the Loyalty and Obedience of Good Subjects In what a Case is Mr. Bagshaw who has Constantly and Openly defi'd the very Letter Intent and Equity of that Gratious and Incomparable Act of Mercy As is already
obliged to thank him for his defamâ—tioâ—s of me since by confessing himself in the same Book to be guilty of Drunkenness Prophaneness he hath said much more than I can knowingly charge him with and I am sure more than enough to discredit his own Testimony For he that is neither Sober to himself nor Religious to God cannot possiâ—â—y 〈◊〉 Just and Civil to 〈◊〉 and Impiety will easily lead him to Forgeâ—y I shall not therefore seem to plead my own Concerâ—ment against him since 〈◊〉 Credit and Esteem with Good men iâ— either very little and then my sollicitousness wiâ—â— but little promote it or else it is so great that it is already placed beyond the Reach of such Rude Assaults and Battery and needs not my own Peâ— for its Defence and Vindication TRuly I should be loth that Mr. Bagshaw's Friends should speak Well of Mee R. L'S for I must Do Ill to deserve it and Purchase their Kindness by Betraying my Countrey so that Their Ill-will shall never break My Heart But do they speak so very Ill as to make Mr. Bagshaw Thank me for Defaming him In Truth the Man is somewhat a Preposterous Christian and it may be 't is his Method to be Thankful to his Enemies as well as Ungrateful to his Friends Whoever doubts of the Latter may be satisfi'd from Dr. Pierce his Letter to Dr. Heylin at the end of his Discoverer Discovered And I must Add that in the poynt of Reviling his Superiours and Aâ—using his Friends his Life has been all of a Piece Touching My Defamations of him Alas save in my Memento I never Mention'd him Nor There Neither but upon a fair and Prudential Accompt for it concern'd me to procure that the World might not take Him for an Honest Man that had Reported Mee for a Knave In fine he talks in General of Defamations but let him if he dares put me to prove the Particulars See now in what follows the Confidence Lewdness and Weakness of the Gentleman He says that I confess my self Guilty of Drunkenness and Prophanenâ—ss which Discredits my Testimony Impiety leading easily to Forgeries The last 't is possible he speakâ— upon Experience My Words are These I do here Publiquely confess my self not Absolutely Free from Those Distempers Memento Pag. 41 42. which not to cast either upon Good Nature or Complexion I am both Sorry for and asham'd of If I have but Once drank my self to a Distemper or if I have taken Gods ' Name in vain but Once in my Whole Life I may confess my self not Absolutely Free and yet not charge my self with Drunkenness and Prophaneness for under favour of Mr. Bagshaw's Philosophy One Act does not make a Habit and I defie the World to Tax me with it So That in This Particular my Adversary has streyn'd a poynt of Modesty His next slip is a Lewd one All Men have their Sins to answer for and without Repentance no flesh shall be saved I have here made a Pullique Confession and as Publiquely Declar'd a Penitence and Shame so far as I am Guilty Now what can be a greater Scandal to Religion or a greater Affront to Christianity then for a Profess'd Minister of the Gospel to turn the Confession of a Penitent into Libells The most Necessary Duties of a Christian into Reproches ☞ and to make Repentance it self shameful and Ridiculous And This is the Disingenuous Dealing of Mr. Bagshaw which if it were not menaged with a large Proportion of Simplicity were indeed Unpardonable he would not otherwise have argued as if the speaking of Truth were a Discredit to my Testimony I suppose it needless to desire the Readers Notice that in his 7 th Page he resolves not to Defend himself and Page 9. he sayes he has done it without saying any thing of Himself Between [H] E. B. Pag. 7. 8. But My Lord how careless soever I am of securing my own Fame yet in zeal to the Publick Honour and Faith of our Nation I must take leave to say this that for any to dedicate a Book to â—our Lordship who are by your place the great Conservator of our Laws and in it presume to break that very Law which His Majesty hath appeared to be most tender of and that so openly as to revive the mention of our War under the Title of Rebellion to call the Lords and Commons then assembled in Parliament a Company of Schismaticks and Rebels and with them to asperse the whole City of London who either never intentionally forfeited or else have Nobly redeemed the mistake of their Loyalty This my Lord is an insolence of so infectious a Nature that if your Lordship doth not suppress it men who love their Honours above their Lives will not think themselves fairly dealt with For I must leave it to your Lordship to judge how little security we may expect from any of our old Laws and how little Obedience can justly be exacted unto the New ones if in the faâ—â—of the woâ—ld and with 〈◊〉 Lordships Privity â—ay under your Protection our laâ—e Magna Charta can be in the very Terms and Design of it so apparently violated If Mr. Bagshaw were as Zealous for the Honour of the Publique R. L'S as he is Careless of securing his own Fame This Nation would not afford a better Subject or Paâ—riote ' Bare him but his Mistakes He writes my Lord Chancellour The Great Conservatour of our Laws by his Place That 's his Errour For the Chancellour is the Conservatour of the King's Conscience and the great Moderatour of the Positive and Liâ—eral Rigour of the Law according to the more Favourable Dictate of Piâ—us Equity This for his Instruction Betwixt Zeal and Ignorance in a Sawcy Menacing fashion he does as good as tell my Lord that He had best do Justice upon L'Estrange for if he does not there are men of Honour and so forth My Crime it seems is the Dedication of a Boâ—k in Contempt of the Act of Oblivion I Call the Late Warr a Rebellion he sayes 'T is right I do so and the Rebels Names are Excepted in the Act it self He will have it too that I call the Lords and Commons Assemâ—led in Parliament a Company of Schismaticks and Rebels Herein Memento Pag. 65. 250. is Mr. Bagshaw which is a Miracle as good as his Profession that is exceeding Careless of his Fame for I say no such thing Our LEGIONS of the Reformation say I were raised by CERTAIN Rebellious Lords and Commons That SOME such there were Mem. Pag. 65. the very Act Allows In Page 250. I cannot find what he means unless my calling of The Covenant a Rebellious League and in That Expression I suppose This Parliament will warrant me The Gentleman brands me next for Aspersing the whole City of London My Words are that the Faction was Seconded by the City of London which Expression refers to a Powerful and Leading Party in it which
Truth and Loyalty VINDICATED From the Reproches and Clamours OF Mr. EDWARD BAGSHAW TOGETHER WITH A Further Discovery of the LIBELLER Himself and his Seditious Confederates By ROGER L'ESTRANGE Ex Ore Tuo LONDON Printed for H. Brome and A. Seile and are to be sold at the Gun in Ivy-lane and over against St. Dunstans Church in Fleetstreet June the 7 th 1662. TO THE RIGHT HONORABLE THE LORDS OF HIS MAJESTIES Most Honorable Privy-Counsel My LORDS IF in Duty to his Majesty I become Troublesome to your Lordships I hope you will vouchsafe to Pardon so honest an Importunity Especially considering the high Necessity of the Office as to the Publique and the little Benefit he expects to reap by it that Undertakes it It is in Truth My Lords grown hazzardous to Assert the Cause of the Late King or the Authority of This against the open and profess'd Adversaries of Both And they Proceed as if the Act of Oblivion had only Bound the Hands of his Majesties Friends and left his Enemies Free Which would not be were but your Lordships duly Enform'd in the Matter and That you may be so is the Scope and Service I pretend to in This most humble Dedication I Think My Lords it may be made appear upon a Modest Calculation that not so few as Two-Hundred-Thousand Seditious Copies have been Printed since the blessed Return of his Sacred Majesty which being Exposed with Freedome and Impunity cannot fail to be Bought up with Greediness To These may be added divers Millions of the Old Stock which are Contriv'd and Penn'd with Accurate Care and Cunning to Catch All Humours What This Glut of Poysonous Libels may Produce is submitted with Just Reverence to your Lordships Wisdom for I presume not to make a Judgement but barely to Offer an Information Wherein as the fairest Evidence of my Respect and Duty I shall be as short and plain as possibly the Case will bear The late War is in Terms Justified against the Late King Pag. 57. and His Majesty Charg'd as an Overthrower of Religion Parliaments Laws and Liberties Several Counterfeit Prodigies Apply'd Pag. 58. as Portents of Revolts Persecutions Casting off Kings And in fine the Drift of the whole Book tends Chiefly to Predict the Dissolution of the English Monarchy and Episcopacy The Totall Extirpation of Bishops under the Title of Sons of Belial is Recommended Pag. 59. in Mr. Manton his Publication of Smectymnuus The King 's Supreme Authority in Matters Ecclesiastical is absolutely disclaym'd Pag. 60. and the People are Encouraged to Oppose the Imposers of Ceremonies as Adversaries of the Truth The Power of the Two Houses is Asserted in Coordination with the King Pag. 62. Harrison Carew Ibid. c. are call'd the Servants of Christ Their Cause Christ's Cause and the Murther of the late King is reported as the most Noble Pag. 63. and High Act of Justice that our Story can Parallel Iâ—id The King's Judges and Counsell together with the Jury that Sate upon John James are Charg'd with thirsting after His Blood Iâ—id His Majesty is Revil'd and Menaced for his Proclamation against Conventicles For Opposing These Insolencies and Defending the King's Rights His Cause and Government without ever receiving any Pretence to a Reply I have been Twice Libell'd by Mr. Edward Bagshaw as Cromwels Spy Pag. 34. and a Person Infamous both for Condition and Morality My Lords I dare not Beg but I do secretly Wish that he may be call'd to make it Good which I the rather do because the Latter of the Two was Tender'd to your Lordships as My Character But Principally for the Consequence For if it comes to That once That in a time of Peace a Man cannot be Loyall but at the Hazzard of his Life and Honour and that it becomes more Safe and Beneficial to be Guilty then to be Innocent I do mâ—st Dutyfully remit the Rest to your Lordships Humbly Beseeching You My Lords to receive This further Advertisement concerning Mr. Bagshaw He denies the King's Supremacy Pag. 11. and Animates the Subject against it Affirming That God has not Committed unto the Magistrate but to his Son the Government of His Church even in the Outward Polity That the Command renders a Thing in it self Innocent utterly Unlawful He makes the King an Usurper An Idolater Pag. 12. An Impious Pretender Pag. 14. He calls the Praelation of Bishops an undue and Anti-Christian Dignity He Inferrs His Majesty either no King Pag. 15. or no Christian. He is Peremptory Pag. 16. That the King is Singulis Minor and that the People may Depose him Fixum Ratumque habeatur Pag. 17. Populi Semper esse debere Supremam Majestatem Having exposed These Particulars with several of the Authours and Publishers of them Referring to the Pages of the Ensuing Discourse I shall leave before your Lordships Feet This Humble Testimony of my Desires to serve the King Wherein if I have done Amisse I Submit if Otherwise I have done but my Duty Which obliges me to Live and Dy with an Unspotted and Inviolable Faith toward his Sacred Majesty keeping my self also within Those Terms of Modesty and Veneration which may become My LORDS Your Lordships Most Obedient Servant Roger L'Estrange The Praeface I Have no Ambition to get my self a Name by a Dispute with Mr. Bagshaw and in effect This way of Wrangling is but a putting of it to the Question Which is the finer Fool the Plaintiff or the Defendent Yet in regard that in This Case the Publique and my Particular appear so Complicated that as I Suffer for That so That likewise is Wounded through Mee for 't is the King is Strook at in his Loyal Subjects and They are only Persecuted as the Bar betwixt Auâ—hority and Rebellion I hold it but a Modest and Discreet Justice not to divide in the Defence what Faction and Malice have united in the Scandal This being Resolv'd upon The Course I mean to take with Bagshaw's late Rhetorical Libell obtruded upon the World in form of a Letter to my Lord Chancellour is to Report him Word for Word and then to Examine First his Pretended Loyalty and after That his Bold and Scurrilous Defamations Pag. 10 11 12 16 17. For want of Softer Words I must make use of Schism Sedition Treason c. All which are prov'd against him under his own Hand Touching the Libellous part I leave it so clear that I defie his greatest Adorers to be my Judges The Greatness of His mind we must Imagine would never have stoop'd to so low an Ebbe of Baseness Pag. 46. as to have brought a Fiddle under his Cloke for a Recommendation to Oliver as he sayes L'Estrange did See now This Miserable Snake licking the very Dust at the Feet of Bradshaw Pag. 53. The Measure of his Conduct and Veracity may be taken from his Frequent and Ill-Menag'd Contradictions For the Purity of
made appear from his own Writings Nor is it Mr. Bagshaw's Case alone but every mans who either by Word or Deed Publiquely and obstinately opposing the Ceremonies of the Church of England denyes his Majesties Just Antient and Fundamental Right of Imposing I speak This with Reverence and Submission to the better-Enform'd and to Correct Those Slanderous Tongues that have the Confidence to Tax his Just and Gratious Majesty for being less then his word when They Themselves by a Persevering and Incorrigible Contumacy and Disobedience Rejecting the Conditions of the Kings Pardon can lay no Claim to the Benefit of it Having Thus far unmasqu'd my Adversary I am now to Defend my self and to Prove that I am not that wretched Thing which I have prov'd him to be and so I proceed from his Defence to his Libel That being the Division of his Pamphlet [1.] BUt my Lord should I ever have so far stept out of the bounds of my â—allâ—nâ— E. B. Pag. 6. Memento Pag. 6. as to write a Publick Memento which in the very nâ—mâ— of it coâ—â—radicts the Act of Oâ—livion c. A Publique Memento though from a Private person R. L. ' S. is both Lawful Conscientiâ—us and requisite where the Honour and Safety of the King are the Qâ—estion And That I take to be the Case where his Majesties blessed Faâ—her is ill spoken of his Regal Authority question'd his Government Reproach'd and the Resolutions of this present Parliament Despis'd and Trampled upon This shall I prove to be the Common Subject of the Press and by the very Letter of the Oath of Allegiance I am ty'd to Discover it So that my Crime is but the keeping of my Oath and the Performance of my Duty in the Vindication of the King and his Government It was the Compleynt of King Charles the Martyr That the minds of many of our weak Subjects have been Exact Coll. Pag. 173. and still are poysoned by scandalous seditious Pamphlets and Printed Papers and that so general a terrour hath possessed the minds and hearts of all men that whiles the Presses swarm and every day produceth new Tracts against the Established Government of the Church and State most men want the Courage or the Conscience to write or the opportunity and encouragement to publish such composed sober Animadversions as might either preserve the minds of Our Good Subjects from such Infection or restore and recover them when they are so infected Here 's my Warrant and my Justification [2.] Should I have so much aspersed the present Government as to say That Defamers of the Government if Presbyterians E. B. Pag. 6. scape beâ—ter than their Accusers c. Observe here upon what Occasion This was spoken R. L'S Under the Head of The Tokens and Prognostiques of Seditions Memento Cap. 2. I quote Sir Francis Bacon who in his Essay of Seditions Memento pag. 5. and Troubles reckons Libels and Licentious Discourses against the Government when they are Frequent and Open amongst the Signes of Troubles In agreement with That Judicious Person and without any Particular Instance I take notice that Libels were not only the Forerunners Ibid. pag. 6. but in a high degree the Causes of our Late Confusions And a little Lower that the Press is now as Busie and as Bold Sermons as Factious Pamphlets as Seditious the Government Defam'd and the Defamers of it if Presbyterians scape better then their Accusers Is it now become an Aspersion upon the Government to lay open and complein of Those that Asperse it Or am I mistaken in believing him to be a Defamer of the Government that Charges This King with Usurpation his Father with Tyranny and that reports the Rites and Orders of the Church for the Institutions of the Devill If I Prove what I say and make appear that Defamers of the Government if Presbyterians do scape better then their Accusers I am clear of Edward Bagshaw's second Exception If I fail let the Infamy lie at my Dore. He Charges me Next for saying [3.] That Promoters and Justifiers of the murder of the late King are still continued publick Preachers E. B. Pag. 6. and can come off for Printing and publishing down-right Treason when I have much ado to escape for telling it Let the Reader take along with him the Connexion of my Discourse R. L'S whereupon he grounds This Cavil Memento pag. 8. Sir Francis Bacon sayes that when Discords and Quarrels and Factions are carryed openly and audaciously it is a sign the Reverence of Government is lost Ibid. And are not Factions carryed Openly and Audaciously now sayes L' Estrange when the Promoters and Justifiers of the Murther of the late King are still continued publique Preachers without the least Pretence to a Retraction Dictating still by Gestures Shrugs and Signs That Treason to their Auditory which they dare not utter What are their Sermons but Declamations against Bisâ—ops Their Covenant-keeping Exhâ—rtations but the Contempt of an establish'd Law How it comes to passe Heaven knows but these Hâ—nest Fâ—llows can come off for Printing and Publishing down-right Treason when I have much ado to scape for Telling of it If I am now able to make it out that such Preachers â—here are and such Printers and Publisâ—ers as are here spoken of I do no more in Discovering them then I have sworn to do For the Printers and Publishers I have allotted Them a place by Themselves and concerning the Preachers I shall only Instance in Mr. George Cokayn of Pancras Soper Lane and Mr. William Jenkin of Christ-Church London The former whereof Promoted and pressed the Murther of the late King in a Sermon before the Commons Nâ—vâ—mb 29. 1648. and the Other Justified That Murther and applauded it in another Sermon before the Commons Sept. 24. 1656. as follows Think not to save your selves by an unrighteous saving of them who are the Lords and the Peoples known Enemies George Cokain Flesh expiring and the Spirit Inspiring pag. 26. 27. Printed for Giles Calvert You may not imagine to obtain the favour of those against whom you will not do Justice for certainly if ye act not like Gods in this particular against men truly obnoxious to Justice they will be like Devils against you Oâ—serve that place 1 King 22.31 compared with chap. 20. It is said in chap. 20. that the King of Syria came against Israel and by the mighty power of God he and his Army were overthrown and the King was taken Prisoner Now the mind of God was which he then discovered only by that present providence that Justice should have been executed upon him but it was not whereupon the Prophet comes with Aâ—hes upon his face and waited for the King of Israel in the way where he should return and as the King passed by he cryed unto him Vers. 42. of Chap. 20. Thus saith the Lord Because thou hast let go a man whom I appointed for
whatsoever Fourthly I relyed upon the strength of mine own Party and used warrantable means to accomplish the surprize Leman was not of the Garrison Haggar was but appeared not to me under that Notion Admit them both what you would have them I could have justify'd it They voluntarily proffered to assist me and I had been a Traitor or a Fool if I had either discouraged or disswaded them Lastly The Design was of that nature that if discovered it were lost the quality and hazzard of all surprises I therefore thought fit not to Treat without a strict Obligation of Secrecy By all which it appears First That I came not into your Quarters at all that is not the Quarters of the Army Next That I came as a fair and open Enemy never pretending to be any other than I was Lastly That I had no Treacherous ends Being thus apprehended by the Laws and Customs of Warr I am a just Enemy and Prisoner of Warr no Spy or Treacherous Conspiratour Upon my desire of a dayes respit to prepare and digest my Defence the Judg-Advocate enterposed in these words Judg-Advocate Sir John Corbet whereas the Prisoner desires time to make his Defence alledging that hee hath Witnesses to purge himself that are necessary for his Defence I conceive that altogether unnecessary because we proceed only upon his own confession and there being no Witnesses against him wee take the Case as hee hath set it forth and committed it to your judgment you may perceive and he might have rememâ—red that his Charge was founded not only upon the special Articles and Ordinances of Parliament but upon the generall Rules and Customs of Warr which every Souldier ought to be knowing of And Sir so farr as I understand any thing of the Customs of Warr It 's a known Rule that for any to come into the Enemies Quarters without a Passe Drum or Trumpet that makes him a Spy and then to Treat with them of the Garrison or to draw them to Treat to betray the Garririson this makes him a Treacherous Conspiratour L'Estr If my Charge be founded upon mine own Confession produce those clauses thence whereupon this Charge is to be made good My whole Confession is in substance This that I had ever been of the Kings Party and that I intended to execute this Commission I urged then the impossibility of Betraying a Trust I never received and to my self and that I should be both Enemy and Traytor And again how inconsistent it was with the Equity and Reason of the Law of Armes which is uniform and universal that the same Law which punishes the Deserâ—our of his Trust with Death should with Death also punish the Assertour of it To This Judg-Advocate Sir the Prisoner mistakes the Poynt he is not charged with breach of Trust It is not said he had any Trust or broke any â—ut that he did endeavour to procure them to betray which had a Trust and so he did plot and those were to be his Confederates L'Estr By this Rule he that Summons Assaults or Besieges a Place because in so doing he endeavours the surrendring and yielding it up to the Enemy shall be arraigned as an Apostate or a Traytour The very Article involving him in the same danger with him that endeavours the betraying of it Again the Article sayes expresly it must be contrary to the Rules of Warr Rules certainly preceding this and which it self is not Rules positive and known not Arbitrary Now shew that Positive known Law which I have Transgrest In one word The Court-Martial by its own Laws cannot Try an Enemy Judg-Advocate Sir you see the Case it is not what hee sayes is Law nor what I say is Law but what you judge to be Law You see the Case is plain he came without Trumpet Drum or Pass into our Quarters from the Enemy There he dealt with the Garrison of Lynne and in that case he came not with the face of an Enemy but as a Spy L'Estr To the Business of a Spy Thus. First I was no Spy Next I had not been Tryable in this Court if I had been one I was none being apprehended neither in your Garrison nor Quarters for by the Quarters of the Army is intended the place where the Army lyes enquarter'd at the time of the Apprehension of such a person but where no Forces are there is neither use nor possibility of a Spy Upon this Assertion that this Court took no Cognizance of Spies The Judg-Advocate thus Judg-Advocate Sir John Corbet the Gentleman might have saved a labour and not limited the Power of this Court for they proceed upon a Law common betwixt the enemy and us L'Estr If this Court-Martial proceed upon a Law common betwixt the two Armies what mean those restrictive Clauses so frequent in those Ordinances by virtue whereof they sit and determine where they are expresly * The letter of of the Ordinance limited and appointed to proceed according to the Articles there specified Again what needs the annexion of five particular Articles of the Earl of Essex his with Ordinances virtuating them to proceed according to those Articles what need these Ordinances if the Court could proceed without them And why are but five Articles exprest if their Power extends to all Now if the Court be limited to those Articles there being no Article against Spies among them I have proved what I desire Judg-Advocate Sir John Corbet to take away all Dispute about the Power and Authority of the Court and the rules upon which they proceed I shall read the last Ordinance of Parliament that was made in this particular case of Mr. L'Estrange The ORDER IT is this day Ordered by the Lords and Commons That Roger L'Estrange be referred to the Commissioners for Martial-Law and to be speedily proceeded against according to the proceedings of Martial-Law for being taken with a Commission from the King for the delivering of the Town of Lynne to the King and endeavouring accordingly to dâ— it John Brown By this Ordinance you are not limited to any particular Article but are left to the latitude and scope of martial-Martial-Law in general and this Court hath made choyce to proceed against the Prisoner upon a known and common Rule of Martial proceedings by which the other side proceed against ours therefore he hath no cause of complaining against the equity of this Rule R. L'Estr True this Order refers mee to the Commissioners for Martial-Law to be proceeded against according to the proceedings of Martial-Law that is Such Martial-Law as they are Commissioners fâ—r and what that is those Ordinances which enable them will best determine they are there as well as here stil'd Commissioners for and Executors of Martial Law yet not in the latitude now if they be not Commissioners for Martial-Law in the latitude neither must their proceedings be in the latitude Something more to the same purpose was a while bandyed and retorted but in substance
Bishop of Worcester from a Libell of Mr. Bagshaw's And This now under my Hand carries the Necessity of it along with it So that Thus far my Pen has only been Defensive either of the King the Church or in the last place of My own Honour My Memento it 's Truth is a Mixt Dâ—scourse and the Greater part of it Effectually rather a Paraphrase upon Sir Francis Bacon then my Proper Text. It is written with more Honesty then skill and it has the Common Fate of other Things Friends and Enemies He that understands it as I meant it shall do Mee no hurt and he that takes it otherwise is the more likely of the Two to miss my Meaning Such Venemous Natures there may be as to Blast All they Touch Draw Poyson from the Holy Writ and Turn the very Decalogue into a Libel If it Displeases Such the matter is not great for it was beside my Purpose to Oblige Them I shall now be as good as my word concerning Defamers of the Government c. Since the Burning of the Covenant was Publish'd a Book Entitul'd A PHAENIX or The Soleâ—n LEAGUE and COVENANT Pretended to be Printed at Edenburgh and Dated In the year of COVENANT-BREAKING The Drift of the Whole is to Justifie the last War to disaffect the People to his Majesty now in Being and to Enforce the Obligation of the Covenant out of an old Sermon of Mr. Edm. Calamie's call'd The Great Danger of COVENANT-REFUSING and COVENANT-BREAKING This Book being brought to my Hand I procur'd a Warrant to search for it and Retriv'd about 120 Copies which I seiz'd together with the Printer Disperser and One Stationer of the Three that were Partners in the Impression I Brought These People to His Majesties Principal Secretary Sir Edward Nicholaâ— by whose Order the Printer and Stationer were Committed and the Disperser being Poor to Extremity was upon certain Conditions left at Liberty Concerning the Printer it appear'd that he acted rather upon Necessity then Malice but for Two of the Three Stationers to wit Giles Calvert who was Apprehended and Livewell Chapman who was now fled No men whatever of their Profession have more Constantly and Malitiously prosecuted the Destruction of the Royal Family The Third Stationer's Name is Thomas Brewster who absented himself for a while and is since return'd Francis-Tyton was one of the Puâ—lisâ—ers as Right as any of the Rest At the same Time I Seiz'd the first Two sheets of the Book of Prodigies then newly put to the Press and for the same Booksellers Giles Calvert did not only come off for This but during his Imprisonment which contâ—nued till the Adjournment of the Parliament his Wife went on with the Prodigies upon Proof whereof She was likewise Commâ—tted and is come off too See now the Temper and Design of These Pamphlets A King abusing his Power to the overthrow of Religion Phoenix Pag. 52. Laws and Liberties which are the very Fundamentals of this Contract and Covenant may â—e Controlled and Opposed and if he set himself to overthrow all These by Armes then they who have power as the Estates of a Land may and ought to resist by Arms Because he dâ—th â—y that opposition break the very â—onds and overthrow the essentials of this Contract and Covenant This may serve to justifie the proceedings of this Kingdom against the late King ☜ who in an Hostile way set himself to overthrow Religion Parliaments Laws and Liberties Among the Hâ—llish rout of Prophane and Ungodly men Praeface to the Prâ—digies let especiâ—lly the Oppressours and Persecutours of the True Church look to themselves when the hand of the Lord in the strange Signs and Wonders is lifted among them for then let them know assuredly that the day of their Calamity is at hand and the things that shall come upon them make haste Deut. 32.35 The retale and final overthrow of Pharaoh and the Egyptians those cruel Task-Masters and Oppressours of the Israelites did bear date not long after the Wonderful and the Prodigious Signs which the Lord had shewn in the midst of them ☞ Prodigies Pa. 1. Two Suns seen neâ—r Hertford c. The like in the Beginning of Queen Mary and about the Time of the Persecution in Germany It portends aâ—sâ— the Fall of Great men from their Power Ibid. Pag. 11. 12. Armies were seen in Sussex c. This happened a while before the King of Swede routed the Imperial Army and here in England in 1640. A Terrible Tempest and Raging Tides This in the Low-Countries Pag. 42. a little before they threw off the Yoak of the King of Spain A River dry'd up c. This portends a Revolt and Division of the People Ibid. Pag. 53. Let what I have said serve to satisfie Mr. Bagsâ—aâ— that Defamers of the Governmenâ— and the Publishers of Treâ—son may câ—me off and better too then their Accusers for I am expos'd to dayly Menaces Libels Violences only for Asserting the Kings Interest and Discovering his Enemies It 's time now to draw to a Conclusion and I cannot end better then with giving the World a Particular View of some few of Those Many Treasonous Seditious and Schismatical Pieces which have been Published Since his Sacred Majestie 's Return and with That I shall wind up my Justification Wherein I shall observe in Order how they Treat the Church and the King's Cause and his Authority Upon the Restoring of the King Mr. Manton Publishes Smectymnuus The Smectymâ—â—â—ns and in his Preface to the Reader I suppose sayes he the Reverend Authors were willing to lye hid under this ONOMASTICK partly that their work might not be recâ—ived with prejudice the Faction against which they dealt arrogaâ—ing to themselves a Monopoly of Learning and condemning all others as Ignorants and Novices not worthy to be heard c. Now see the Judgment of his Reverend Authours and what Stuffe Mr. Manton Publishes for the Reception of His Majesty he himself calling the Episcopal Party a Faction Do we not know the Drunkenness Profaneness Superstition Popishness of the English Clergy rings at Rome already Smectym Pag. 58. Yes undoubtedly and there is no way to vindicate the Honour of our Nation Ministry Parliaments Sovereign Religion God but by Causing the Punishment to ring as far as the sin hath done that our Aâ—versaries that have triumphâ—d in their sin may be confounded at their Punishment Note Do not your Honours know that the plastring or palliating of these rotten Members will be a greater dishonour to the Nation and Church then their cutting off and that the personal acts of these Sons of Belial being connived at become National sins Here 's Episcopacy Root and Branch with all Circumstances Suitable to a Presbyterian Modesty Publish'd by a Pardon'd Non-conformist for the Welcome of Hâ—s Sacred Majesty How comâ—s it to pass that in England there is such increase of Popery Superstition Arminianism Ibid. Pag. 66.
and Prophaneness more then in all other Reformed Churches Doth not the Root of These Disorders proceed from the Bishops and their adherents We have chosen rather to subjoyn by way of Appendix Ibid. Pag. 68. and Historical Narration of those bitter fruits Pride Rebellions Treason Unthankefulness c. which have Issued from Episcopacy while it hath stood under the continued influences of Sovereign Goodness Here 's Presbyterian Gratitude for his Majefties Declaration from Breda See now a seasonable and Modest Quaere Covenanters Plea Pag. 52. Whether the Lords and Commons of England assembled in Parliament have not a power to make a new Oath and impose it upon the People unless the King first consent Now see Gelaspies Dâ—spute against the English Popish Ceremonies a Book formerly condemn'd by the Secret Counsel in Scotland to be burnt by the Hand of the Common Hang-man and now lately Published by Philip Chetwynd In his Epistle to the Râ—form'd Churches Thus. Pag. 9. 1. Be not deceived to think that they who so eagerly press this Course of Conformity have any such end as Gods Glory or the Good of his Church and profit of Religion 2. Let not the pretence of Peace and Unity cool your fervour Pag. 11. or make you spare to oppose your selves unto those Idle and Idolized Ceremonies against which we dispute 3. If once you yield to these English Ceremonies think not that thereafter you can keep your selves back frâ—m any greater evils Pag. 16. or grosser corruptions which they draw after them Ibid. Pag. 20. 4. Among the Laws of Solon there was one which pronounced him defamed and unhonest who in a Civil uproar among the Citizens sitteth still a Looker on and Neuter much more deserve they to be so accompted of who sâ—un to mâ—ddle with any controversie which disquieteth the Church wherâ—as they should labour to win the Advâ—rsaries of the Truth and if they prove obstinate to defend and propugne the Truth against thâ—m Pag. 245. 5. Whensoever you may omit that which Princes enjoyn without violating the Law of Charity you are not holden to obey them for the Majesty of Princely Authority Pag. 266. 6. The Lawfulness of our conforming unto the Ceremonies in question can be no way warranted by any Ordinance of the Supream Magistrate or any Power which he hath in things Spiritual or Ecclesiastical Here 's first the very Intention of Authority uncharitably Dâ—fam'd Secondly the People Animated to Disobedience In the Third place Here 's a Jelousie injected of more Mischeives to follow Fourthly Not only Argument but Violenâ—e it self not obscurely Encouraged Fifthly Here 's the King's Prerogative render'd dependent upon the Good Pleasure of his People And Lastly here 's an Absolute denyal of his Majestie 's Supreme Authority The same Things over again are Mainteyned in The Old Non-confâ—rmist The Tryal of the English Lyturgy Mr. Crofton 's Pamphlets The Interest of England The Presbyterian Accompt from the Savoy Their Petition for Peace and Their Two Papâ—rs of Proposals Mr. Bagshaw 's Treatises and finalâ—y Where not See next Mr. Watson's Word of Comfort of but the other day Now saith he because the Church of God appears in his Cause and loseth Blood in his Quarrel Pag. 8. therefore God is in the midst of Her This was Calculated for Corbet and Berkstead c. Take hâ—ed of Idolatry yea and of Superstition too Pag. 28. which is a Bridge leading ovâ—r to it Superstition is an intermixing our fancies and invâ—ntions with Divine Institutions 't is an Affront offer'd to God as if he were not wise enough to appoint the manner of his own Worship Is not God upon the Threshold of his Temple ready to fly Pag. 30. Are not the Shadows of the Evening Stretchâ—d ouâ— And may we not fear the Sun-setting of the Gospel And again The Lord may let his Church be a while under Hatches Pag. 39. to Punish her security and to awakâ—n her out of her slumbering fits yet surely the storm will not continue long What can This Gentleman mean here now by Superstition but the Rites of the Church What by the Sun-setting of the Gospel but the Approaching settlement of Conformity And what by the short continuance of the Storm but the speedy Subversion of The Present Authority And in Truth their Pulpits do Generally speak the same Language Christians says Mr. Jenkins some five weeks since you do not know what God has Reserv'd to be done For you and BY you only wait the Lord's Leisure David had Sauls life in his Power but far be it from him he would not say to lift up his hand against the Lord 's Anointed but to anticipate God's time Who knows but the Lord may smite him or he may descend into the Battle and fall by the Edge of the Sword Look behind ye and ye must All confesse that God has relieved ye in your distresses when ye have most desponded In short he might as well have said to his Congregation Remember the last Turn and Rely upon Another Nor is This any Uncharitable Glosse upon his Meaning who may very well be suspected to be no great Friend to the Son having Publiquely absolv'd the Nation of the Bloud of the Father Observe now in the Last Place how Bold the Presse is with the King's Cause and Authority When as a part of the Legislative Power resides in the Two Houses Interest of Eng. Pag. 49. as also a Power to redresse Grievances and to call into Question all Ministers of State and Justice and all Subjects of whatsoever degree in case of Delinquency it might be thought that a Part of the Supreme Power doth reside in them though they have not the honorary Title Here is Coordination asserted which is Destructive of the King 's Imperial Title Hear now the Publishers of the Speeches of some of the late King's Judges viz. Harrison Carew c. In his Praeface to the Reader He calls them the Servants of Christ and Publishes the Story as he sayes that men may see what it is to have an Interest in Christ ☞ in a dying hour and to be faithful to his Cause If These People Suffered for God's Cause by what Authority did They Act that put them to Death Pag. 11. Mr. Carew could have Escap'd he sayes but would not knowing how much the Name and Glory of God was concern'd in his Faithful Witness to the Cause of Christ for which he was in Bonds In another Place a Letter is pretended to be written to a Christian Friend by Mr. Justice Cook I look upon it as the most Noble and High Act of Justice Pag. 41. that our Story can Parallel and so far as I had a hand in it never any one Action in all my life comes to my mind with lesse Regret or Trouble of Conscience then that does for the Bloud must ly upon Him meaning the King or upon the Parliament More of This Stuffe there is but it would be too tedious Proceed now to the Narrative of John James If there hath been any undue Combination against this poor man Praeface if for some Reason of State rather then for any real Guilt on his part he was made an Example if his Judgment and Conscience rather then any Just Crime were the cause of his Condemnation as he so often declared if suâ—mitting to a Tryal by the Word of God he was judged contrary thereto the Lord in his due time will Manifest and his Bloud will most certainly be required c. And again He was Tryed in so high a Court Pag. 36. there being sevâ—ral Judgâ—s before him and four of the King's Counsellours besides the Atturny and Solicitour General pleading against him to take away his Life and a Jewry of Knights and Gentlemen all of the same spirit thirsting after his Bloud c. Take now for a Close the Miserable Madness of another Pamphlet against the King's Proclamation Prohibiting Convenâ—icles Oh it is sad to Consider that the Proclamation of a poor Worm should not only Command mens persons Loud Call Pag. 16. â—ut their very Spirits also If any King or Powers dare offâ—r to intrench on men's Consciences to their utmost Peril be it and if men give way to their Usurped Authorities to their uttermost Perils be it also No Governours nor Rulers have any more Power as from God to give Laws in matters of Religion or to Rule over mens Consciences then they have to sit in Gods Throne in Heaven Ibid. Pag. 17. or to pluck him from his Throne Stand up for your Meetings and holy Services let Men and Powers Decree never so Contrary Ibid. I might Insist upon divers other Seditious Pamphlets but let This Suffice Here is the Sacred Government of the Church Vilify'd the Rulers of it Revil'd the People Animated and Enflam'd against the Magistrate Here is the Prerogative of his Most Gratious Majesty not onely question'd but Disclaim'd his Indulgence Trampled upon and the Execrable Murtherers of his Royal Father Sainted Let the World now Determine Whether it be not highly Nâ—câ—ssary that These Bold and Pestilent Defamations should be either Punished or Confuted FINIS