Governour and upon the King 's coming before Hull attended only with his own Servants and some Gentlemen of the Country audaciously shut the Gates against Him and standing upon the Wall denied him Entrance Upon which the King as by Law he might proclaim'd him Traytor A Cholerick and revengeful Act says our Answerer to proclaim him Traytor before due process of Law having been convinc'd so lately before of his Illegallity with the five Members Goodly goodly and yet at the same time doubts not to tax the King of a Treasonable Act in borrowing Moneys upon his own Jewels Not unlike the Parliament 41 Hen. 3. who took notice of the Lye given to Montfort Daniel's Hist of Eng. 171. and 175. Earl of Leicester by William of Clarence but not of the Lye given the King by the said Leicester But the Point between us lies narrow A Man with Train'd-Bands holds and defends a place of Strength against the King The question is whether this be a levying of War within the Statute of the 25th of Edward the 3d. Sir Edward Coke shall answer for me 2 Inst 10. If any with Strength and Weapons invasive and defensive doth hold and defend a Castle or Fort against the King and his Power this is levying of War against the King within the Statute of 25 Edward 3. And in the leaf before he says It was High Treason by the Common Law to levy War for no Subject can levy War within the Realm without Authority from the King for to him only it belongeth Le Roy de droit doit saver defender son Realm Fitz. N. B. 113. a. c. And therefore this being the Case wherein may it be said that the King was to blame And lastly for what concerns this Gentleman's Catastrophe and whether Hotham were more infamous at Hull or at Tower-Hill no less ignominiously pretended to be answer'd it may be enough to satisfie any Impartial Man that he repented and came in though it were at the last Hour and for the rest he stood and fell to his own Master CHAP. IX Vpon the Listing and raising Armies against the King I Find saith His Majesty I am at the same Point and Posture I was when they forced me to leave Whitehall What Tumults could not do an Army must which is but Tumults listed and enroll'd to a better order but as bad an end To which our Answerer thus replies It were an endless work to walk side by side with the verbosity of this Chapter only to what already hath not been spoken convenient Answer shall be given But what that Answer is see He begins again with Tumults all the demonstration of the Peoples Love to the Parliament was Tumult their Petitioning Tumult their defensive Armies were but listed Tumults and will take no notice that those about him those in a time of Peace lifted in his own House were the beginners of all these Tumults abusing and assaulting not only such as came peaceably to the Parliament at London but those that came Petitioning to the King himself at York Neither abstaining from doing Violence and Outrage to the Messengers sent from Parliament himself countenancing or conniving at them Which is the Substance of what our Accuser says to this verbose Chapter as he calls it An old Figure in Politicks to Calumniate stoutly till somewhat stick to a Prejudice But where lay this Love of the People that they must needs express it in such a Tumultuary way God Almighty is more pleased with Adverbs than Nouns and respects not so much the Justice or Lawfullness of the thing as that it be Justly and Lawfully done and I think the Case was not such here Three or more gather'd together do breed a disturbance of the Peace Mr. Lambert ' s â—irenarchâ— Lib. 2. c. 5. either by signification of Speech shew of Armour turbulent Gesture or express Violence so that the peaceable sort of Men be disturbed or the lighter sort embolden'd by the Example It is Turba a Rout And it has been said Decem So Kitchen page 20. multitudinem faciunt Ten make a Multitude What then must ten times ten not to say Hundreds and Thousands arm'd with Swords Clubbs Staves as many of these Demonstrators of their Love were Chap. 4 and throwing out Seditious Language as I have shewn before the did O but their Business was Petition The same said the Barons and Commonalty at Running-Mead in the 17th of King John But what came these for What but Matters that no way concern'd them Justice Justice against the Earl of Strafford Chap. 2 yet the Parliament of the 14th of Char. the 2d calls them arm'd Tumults as before For putting the Tower of London into confiding Hands Chap. 4 A City Guard for the Parliament And the Kingdom into a Posture of Defence c. But still what was this to them As if a Parliament must be beholding to a Fescue And their defensive Armies saith he were but listed Tumults So that now as a last Shift he turns the Question to a Quis prior induit arma When all the World knows That the Defensive part of it was the King's and the Parliament were the Aggressor's in that they had made their Associations rais'd an Army some Months before and made Essex General thereof the 12th of July 1642. Whereas the King set not up his Standard until the August following But stay say the King in defence of his Right had first drawn his Sword what Law of England warranted theirs When besides what Sir Edward Coke of whom so lately says No Subject can levy War without Authority from the King it appears that the ancient Law of England was ever such or the Parliament had never declar'd That both 1 Cat. 2. c. 2 or either of the Houses of Parliament neither can or lawfully may raise or levy War offensive or defensive against the King c. And will take no notice that those about him were the beginners of those Tumults That the King had his Guards about him was no more than what became the Majesty of a King and that the Loyal Gentry made their Appearances at Whitehall when they saw it beset with a kind of Gebal and Ammon and Ameleck a confus'd conflux of People which also the King had forbidden was but the least of their Duty But when he talks of listing and abusing and assaulting such as came peaceably to the Parliament and doing Violence to the Messengers sent from them it is such a Rapsodie of Stuff that no Man can credit upon his single Authority And therefore I leave it as I do the rest of this Matter it being either such as I have before spoken to or such as no Man that had not a hand in those Mischiefs had ever vented Yet before I go off to another I cannot but take notice how he says The King twits them with his Acts of Grace Proud and unself-knowing Words in the Mouth of any King who
to say no Answer belongs to it He knew there was none to be given and therefore Magisterially slighted it He holds it also neither wise nor comely that the falling out of Brethren be debated before a Common Enemy and tacitly implies his Reason least the Uncircumcised rejoice But I think I can tell ye a better When Presbytery rode the fore-Horse no one kept up with it more than himself but when he found it began to faulter he was loth to lose Company and jogg'd on with the rest The first leading Men that carried on the War were Presbyterians and their General upon the New-Model was as right as they could wish to have had him And yet he was in the Hands of the Army and that Army in the Hands of his Lieutenant-General Cromwell A grand mistake of theirs in thinking to Settle Presbytery with an Army of Anabaptists Independents Fifth-Monarchy-Men and what not Bone of their Bone and Flesh of their Flesh 't is true but as Mortal Enemies to them as were the Jews to the Samaritans and yet both of them had Abraham to their Father And for Cromwell though no one could say of what Religion he was besides that he ever match'd the Colour that was in Fashion he still protested Obedience and Fidelity to the Parliament and by that Means got his Ends of the King and them And whether our Answerer took it not right judge when he says Some of the former Army touch'd with Envy to be out-done by a New Model and being prevalent in the House of Commons took advantage of Presbyterian and Independant Names and the War being ended thought slightly to have discarded them without their due Pay and the reward of their invincible Valour But they i. e. the Independants who had the Sword yet in their hands disdaining to be made the first Objects of Ingratitude and Oppression after all that Expence of their Blood for Justice and the Common Liberty seiz'd the King their Prisoner whom nothing but their matchâ—ess Deeds had brought so low as to surrender his Person By which we see the Bottom of this Good Old Cause when the only quarrel was about dividing the Spoil And truly when they that once had it could not keep it what had our Answerer to do to gape after them any longer And brings into my Head that Story of the Friars Crucifixus est etiam pro nobis But to go on with the Matter The King is now in the Army's Hands but our Answerer thinks not fit to say a Word to the Distractions in the Two Houses the Army and the City that ensued it but has left it out of his Title And why but that it must not be spoken in Gath when yet every Man here is not a Dweller of Askalon Cromwell found that the Parliament out-carded him as having gotten the King their Prisoner May 4 1646. and put the Militia of London into the Hands of a Committee of Citizens whereof the Lord Mayor for the time being to be One and therefore unless he could give them the Cross-bite and bring the Army to mutiny against their Masters he knew he must expect no better of them than what Essex had found from them To this purpose he and Ireton his Son-in-Law take advantage of a Vote of theirs 25. May 1647. for Disbanding the whole Army excepting Five Thousand Horse and One Thousand Dragoons and some Fire-locks to be kept up for the Safety of the Kingdom and some to be sent for Ireland and spread a Whisper through the Army that the Parliament now they had the King intended to Disband them to cheat them of their Arrears and send them into Ireland to be destroy'd by the Irish And it ran like Wild-fire for the Army were so inrag'd at it that they set up a new Council among themselves of Two Private Soldiers out of every Troop and Foot Company to consult for the Good of the Army and to assist at the Council of War and advise for the Peace and Safety of the Kingdom And these they called Agitators or Adjutators it matters not which for whatever Cromwell who yet stood unsuspected by the Houses had a mind to be done there needed no more but putting it into these Agitators Heads And the Effect of their first Consultation was to take the King from Holmby where upon his being deliver'd up by the Scots Feb. 16. 1646. the Parliament had lodged him with Colonel Graves and bring him to the Army Amongst these there was one Joyce a stubbed bold ignorant Enthusiastick Journey-man Taylor who from the Service of Denys Bond had gone out to the Assistance of the Lord against the Mighty and much about this time made a Cornet of Horse And however the matter was contriv'd for Commission he had none he went off by Night in the Head of a Thousand Horse and having surpriz'd the Parliament-Guards at Holmby early in the Morning importunately demands admittance into the King's Bed-Chamber as from the Army and was hardly prevail'd upon to stay so long as till the King could get up but being come in told his Majesty he was sent by the Lieutenant-General to secure his Person from his Enemies and bring him to the Army On which the King demanding to see his Commission Joyce opens a Window and points to the Body of Horse that stood drawn up on the Side of the Hill before the House An undeniable Argument says his Majesty and so went with him who brought him to the Head-quarters at New-Market Cromwell seems no less surpriz'd at it than the King however since he was among them assur'd him he should have no Cause to repent it and in a seeming passionate Manner promis'd him to restore him to his Right against the Parliament On this the Parliament send to the General to have the King redeliver'd to their Commissioners and this the rather for that the General by his Letters to them had excus'd himself and Cromwell and the Body of the Army as ignorant of the Fact and that the King came away willingly with those Souldiers that brought him And yet instead of giving them an Answer Jun. 23. 1647. the Army send a Charge against Eleven of their Members all active leading Men and require them to appoint a Day to determine this Parliament and in the mean time to suspend the Eleven Members sitting in the House to which last they only answer and say they could not do it by Law till the Particulars of the Charge were produced and were soon replied to with their own Proceedings against the Earl of Strafford and the Archbishop of Canterbury The London Militia had been yet in the Cities Hands till Cromwell taking the opportunity of a thin House Jul. 26. 1647. procures the Ordinance of the Fourth of May aforesaid to be revok'd and the Militia put into other Hands more favourable to the Army On which a Rabble of Apprentices and Disbanded Soldiers headed by the Sheriffs under the
Example of both Fortunes and of a Mind unchang'd in the greatest change of either A Prince Learned Eloquent Affable Courteous and born for the Good of Mankind his Lot had fallen among a better People One iâ— a word who if he had any fault it was hâ— not timely adverting his Father's dear-bough Experience who thus confesses of himself Where I thought by being gracious at thâ— beginning to win all Men's Hearts to a loving and willing Obedience Basilicen Doron p. 23. I on the contrary found the disorder of the Country anâ— the loss of my Thanks to be all my Reward Which how truly it was verified in this Hâ—â— Son will be the Subject of the ensuing Discourse And so I come to this Accuser and hiâ— Book in the examining which I shall follow his own Method and as he pretends to answer the King make him a suitable Reply and thaâ— also with as much brevity as I can for neither needeth so much Barbarity any Aggravation nor so plentiful an Argument as the Vindication of an oppress'd King any Art to inforâ—â— it But I stay too long in the Porch The King's Meditations are thus Intituled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is as the English Title speaks it Thâ— Portraicture of His Sacred Majesty And this Answer of Milton's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is the Breaker-in-pieces of that Portraicture Which how he has done Sub Judice Lâ—est CHAP. I. Vpon the King's calling his last Parliament THAT saith he which the King lays down here as his first Foundation Milton p. 1. and as it were the Head Stone of his whole Structure That he called this last Parliament not more by others advice and the necessity of his affairs than by his own choice and inclination is to all knowing Men so apparently not true that a more unlucky and inauspicious Sentence and more betokening the downfal of his whole Fabrick hardly could have come into his Mind And a good mannerly beginning A Man may not say to the King What dost thou and yet it seems may tell him Eccles 8.4 He lyes And without proving any thing but throwing it out boldly that somewhat may stick charges the Court Parasites as he calls them with their averseness to Parliaments and that the King never called a Parliament but to supply his Necessities and having supplied those as suddenly and ignominiously dissolv'd it without redressing any one Grievance of the People And broke off the Parliament at his coming to the Crown for no other cause than to protect the Duke of Buckingham against them who had accused him besides other heinous Crimes of no less than poysoning the deceased King his Father In reply to which it is but necessary to take notice of the condition of that time The Parliament had engaged King James in a War with Spain in which the Parliment 1 Car. 1. deserted his Son He had a large Dominion and a flourishing Kingdom left him but as I said a War and an empty Treasury with it beside which King James died in Debt To the City of London One Hundred and Twenty Thousand Pounds Vid. Annals of K. Charles 1 â—in Râ—â— 1. and â—â—r Râ—â—w Câ—ileet 1 Paâ—â— Fâ— 179. besides Interest For Denmark and the Palatinate One Hundred and Fifty Thousand Pounds For his Wardrobe Forty Thousand Pounds Laid out for his Navy Twenty Thousand Pounds For Count Mansfield Twenty Thousand Pounds For the Expence of his Fathers Funeral Forty two Thousand Pounds For the Queen Forty Thousand Pounds And to equip and pay the Navy for the Expedition for the Palatinate Three Hundred Thousand Pounds And what was worse than all this there had follow'd King James out of Scotland a sort of People whom himself calls Puritans very Pests in the Church and Common-weal whom no deserts can oblige Basâ—â—â—n Dorâ—â— p. 31. nor Oaths or Promises bind breathing nothing but Sedition and Calumnies aspiring without measure railing without reason and making their own Imaginations the Square of their Conscience These Men had by degrees spread themselves through City and Country and watch'd the People like Hawks so long till they could do any thing with them and sow what they pleas'd as they found them napping Nor wanted there some of the same Kidney here among our selves who under the specious pretences of easing the People had got the command of most of their Purse-strings King James 't is true might have helpt it at first if his Beati Pacisici that is Give Peace in our time O Lord had not been too much in his Light by which means all Remedies in his Son's time came too late and joyn'd with the Disease to the destruction of the Body In this Case what could King Charles the First do Monarchy is more Ancient and Independant than Parliaments and yet their Advice and Assistance makes it more compacted He calls a Parliament in the first Year of his Reign which sate not long And another in his Second in which he lets them know his and the Kingdoms condition and particularly that of the Palatinate Instead of answering which they fall into Debates and Reflections against the Duke of Buckingham and at a Conference of both Houses Vid. The 〈…〉 of 〈…〉 in 〈…〉 p. 15. â—â— 1. p. 104. the Commons deliver in an Impeachment of thirteen Articles against him the last of which was That the King being sick of an Ague at Theobald's the Duke had given him a Plaister and a Posset-drink without the Advice and Consultation of his Physicians Three days after the King by message to them takes upon himself as having full knowledge of all those transactions to clear the Duke of every one of those Articles Pâ—â—â— Câ—◠〈…〉 However the Duke makes his Defence to the Lords and puts in his Answer and Plea to the Impeachment made against him by the Commons And to the thirteenth Article says That having been recovered himself of an Ague by a Plaister and Posset-drink given him by a Physician of the Earl of Warwick's the King impatiently press'd to have it but was delayed by the Duke who pray'd the King not to make use of it but 〈◊〉 the Advice of his own Physicians nor till it wâ—â— tryed upon one Palmer of the Bed-Chambeâ— then also sick of an Ague which the King said he would do However the Duke being goâ—â— to London the King would have it and 〈◊〉 took it and upon his return hearing a Rumoâ—â— that the Physick had done the King hurt as that it had been administred by him withoâ—â— Advice the Duke acquaints the King with iâ—â— who with much discontent answer'd thus Theâ— are worse than Devils that say it And so having put in his Answer the Duke moves thâ— Lords that the Commons might expedite the Reply Instead of doing which they Petitioâ— the King against Papists and suspected Papist holding Places of Authority and Trust in thâ—â— Kingdom and draw a Remonstrance againâ— the Duke and Tonnage and Poundage
cause them and having all along begg'd the Question as to the first makes the other as a consequence of the former The King saith he having both unwillingly call'd this Parliament and as unwillingly from time to time condescended to their several Acts first tempts the English Army with no less Reward than the Spoil of London to come up and destroy the Parliament But that being discover'd makes the like bait to the Scotch Army with the Addition of four Northern Counties to be made Scottish with Jewels of great value to be given in Pawn the while which they with much Honesty gave notice of to the Parliament Besides this a malignant Party was grown up The Rebellion of Ireland broke out a Conspiracy in Scotland had been made while the King was there against some Chief Members of that Parliament numbers of unknown seditious Persons resorted to the City the King upon his return from Scotland dismisses that Guard the Parliament thought necessary to have about them and appoints another which they discharge the People therefore lest their worthiest and faithful Patriots should want aid came in Multitudes tho' unarm'd to witness their Fidelity to them c. The King sends a Message into the City forbidding such Resorts the Parliament Petition the King for a Guard out of the City to be commanded by the Earl of Essex the King refuses it and the next day comes to the House of Commons and begins to fortifie his Court many are wounded whereof some died and so concludes it was no Tumult Or if it grew to be so the Cause was in the King himself who both by hostile Preparations and an actual assailing the People gave them just cause to defend themselves Which saving the scandal of his wording it is the full substance of his 24th 25th 26th 27th Pages Wherein also how far he has begg'd the Question I appeal to every unbiass'd Reader How willingly the King call'd this Parliament Chap. 1 I have already shewn And why he so unwillingly pass'd the Bill of Attainder against the willingly pass'd the Bill of Attainder against the Earl of Strafford I have not been wanting to it and if he had never condescended to several of the Bills pass'd this Parliament Chap. 2 and since repeal'd he had not with one hand cut off the other But when he calls them their Acts I am to seek what he means The office of the two Houses is Preparative and Consultive but the Character of the Power rests in the final Sanction which is the King The passing a Bill is but the granting a Request the two Houses make the Bill but the King makes the Law and 't is the Stamp not the Matter that makes it currant Then for that ridiculous Sham of the Spoil of the City of London c. He might as well have added the blowing up the Thames and drowning the City and altogether as probable unless he had prov'd at least somewhat towards it The Rebellion of Ireland 't is true was broke out and they had gotten Four Hundred Thousand Pounds towards the reducing it but what they did with those Moneys I have shewn before And for the Conspiracy of Scotland c. A malignant Party growing up unknown seditious Persons resorting to the City c. Why added he not the Pope's Marrying thâ— Great Turk's Sister For who besides himself ever heard of this Scottish Conspiracy against any but the King And for that new coinâ— Word Malignant Party if he means the King Friends they had an Act of Parliament foâ— their Warrant 11 Hen. 7. c. 1. but for those unknown Seditioâ—â— Persons 't is somewhat strange methinks 〈◊〉 should call them Seditious and not know wâ—â— they were unless it were in Contradistinction 〈◊〉 his own Party whom all the World visibly faâ— to be such And for the King 's discharging those Guarâ— the Parliament thought necessary c. And thâ—â— discharging those other that he had appointed the. They were legally conven'd by the King'â— Writ and the same Law was a full Security tâ— them But by what Law they could take Guard to themselves without the King's Coâ—sent I think the best of our Lawyers may bâ— yet to learn And when to gratifie their Inclâ—nations the King had appointed them anotheâ— which they discharg'd what was it but to spâ—â— a defiance in his Face For my part I speaâ—â— plain English and let my Reader judge between this our Answerer and me whether his Therefore the People came in Multitudes c. be a suffâ—cient Justification of those Riots The King saith he forbad those Resorts c. and no doubt justly for it was no more thaâ— what the Law had forbidden to his Hand 〈◊〉 call'd them Riots but take it thus Theâ—â— came to the assistance of that Parliament whâ—â—â— were then compassing and imagining to levâ—â— a War against the King the overt act of which was That they did actually levy it I 'll run it no higher Though I have heard it said Fascinus quos inquinat aequat However the Parliament Petition the King for a Guard out of the City c. Which because it falls more naturally under the subsequent Matter I leave it till then and in the mean time ask any Man whether from these Premises he has rightly concluded that they were no Tumults or if they grew to be so the cause was in the King himself c. more than as an honest Man fighting with a Thief in defence of his Purse and is kill'd by him may be said to be the cause of his own death And thus Men like Pythagoras's Scholars take things by the wrong Handle whereas if they took it by the right it would be quite another Matter and as near as I can I 'll open the truth of this The Scottish Invasion had been accommodated at Rippon some Months before this Parliament sate nor had the King yet lost the Reverence he had in the Hearts of his People who all stood waiting what this Parliament would do when instead of healing the Breaches they rather widen'd them in falling upon the old Trade of Grievances Popery and Arbitrary Power and that they might the better single him from his Friends and thereby deprive him of such as had either Wisdom Authority or Courage to prevent or oppose their further Designs they first fall upon those that had either Written or Preach'd in defence of those Rights of the Crown they intended to Usurp and arraign his Actions in his Ministers some of which are Imprison'd others fly And on the other hand set at liberty such as had been sentenc'd for Seditious Writing and Preaching against him and bring them to London in Triumph to trâ—â— how the People would be pleas'd with it anâ— consequently how their endeavours to draw thâ—â— Peoples Affections from the King had already succeeded and the general Applause on this occasion gave them no weak assurance of it And now having gotten from the King thâ—â— Eyes of Argus
and to themselves the Hands of Briarius they think themselves able enough to lessen him in his Power and as preparatory to it they first procure an Act of Parliament that they should not be Dissolv'd or Prorogu'd but by Act of Parliament And which is remarkable that very day on which his Majesty Sign'd the Commission for giving his Assent to the Bill for the Earl of Strafford's Attainder And having in a manner necessitated him not to deny any thing they get his Assent to those several Bills before mentioned Chap. 1 Concessions one would have thought might have satisfied any sort of Men but those that were Pre-resolv'd not to be satisfied with any thing Nor did the King in the least doubt their being satisfied and therefore makes a Journey into Scotland to satisfie his Subjects there Aâ—â— 1641. as he thought he had done here and they all seem'd to be so especially as to the matter of Episcopacy which they saw was tumbling beyond a Recovery During this His Majesty's absence the Houses adjourn to the 20th of October three days after which the Rebellion of Ireland broke out The 25th of November the King returns to London as yet welcom'd with the full Acclamations of the People tho' he met not any suitable Reception from the Parliament who instead of having swept out the old Leven had prepar'd new However the King having call'd them together the Second of December recommends to them the raising Succours for Ireland and on the Fourteenth again press'd it and withal told them he took notice of a Bill that was then in agitation to assert the power of Levying and Pressing Soldiers to the two Houses which he was content should pass with a Salvo jure to him and then because the present time would not admit the disputing it and one would have thought that when the King came so near they might have met him half way But instead of that they send him a Remonstrance the next day in which they complain of the Designs of a Malignant Party which by their Wisdom had been prevented and running on with the old Cry against Papists Bishops and Evil Counsellors magnifie themselves in what they had done for the good of the Kingdom and cause it to be Printed About this time it was that the King had come to the House and they adjourn'd into London as before when upon their return to Westminster they Petition the King for a Guard out of the City to be commanded by the Earl of Essex a Gentleman who upon the account of his Father in Queen Elizabeth's time the business of the Nullity in King James's time and the little notice that had been taken of him at Court till now of late he had been made Lord Chamberlain was a Discontent July 29.1641 and conseâ—uently a Darling of the People as pretending â—â—ey could not otherwise sit it safety Which â—â—e King as well he might thought not fit to â—ant inasmuch as it look'd so like a Force against himself and afterwards prov'd so when they made him their General But withal let them know that if there were any such occasion he would command such a Guard to wait upon them as he would be responsible for to God Almighty On this the Militia of Westminster by Petition to the House of Commons offer them their Service Id. Nalson Part 2. Fol. 839 and 840. when it shall please them to commanâ— it The Lord Mayor Aldermen and Common-Council of the City of London by Petition to the King representing amongst other things His going to the House c. Pray thaâ— the Tower may be put into confiding Hands anâ— a Guard be appointed for the Parliament or of the City which was insolently seconded bâ— the disorderly conflux of a Rabble about White hall and Westminster And that the House might not be wanting while the Iron was hoâ— they Petition the King that the Tower 〈◊〉 London all other Forts and the whole Militâ—â— of the Kingdom be put into the Hands of sucâ— Persons as should be recommended to him 〈◊〉 both Houses Which his Majesty as justly bâ— might refused to grant and for the Security of his Person withdrew to Hampton-Court And now from the whole let any indiffereâ— Man say for me first whether these disordeâ—â— Proceedings were not Tumults and next 〈◊〉 they grew to be so how the King can be said to be the cause of them himself For though those hostile Preparations and actual assailiâ— the People which our Answerer says gave the just cause to defend themselves might perhapâ— have been somewhat in the Case if those Peoplâ— had not been the Aggressors yet when as himself confesses the King had sent a Message into the City forbidding such Resorts what made they there Nor can these Hostile Preparations and actual assailing the People be other than what the Lord Mayor c. in their Petition to the King represent viz. His fortifying Whitehall and the wounding some Citizens Which His Majesty thus answers Id Nalson Part 2. Fol. 839 and 840. That as to the former his Person was in danger by such a disorderly conflux of People and withal urges their Seditious Language even at his Palace Gates And for the other that if any were wounded it was through their evil Misdemeanours And therefore to make it no more than the Case of a common Person every Man's House is his Castle and if a confus'd Club-rabble gather about it Cum kickis friskis horribili sonitu the Gentleman of the House commands his Servants to beat them off and in the doing it some of the Assailants are wounded nay put it further kill'd And what can the Law make of it That it was an unlawful Assembly I should not have minc'd it a Rout it is manifest and that what the Servants did was in defence of their Master is also as evident Sir Ed. Coke 3 Inst Let the Rule of Law cut between us Quod quis ob tutelam Corporis sui fecerit id jure fecisse videtur Whatever a Man does in defence of his Person the Law presumes it to have been done Legally O but you 'll say It was not the Master himself A Thief assaults a Gentleman in his House or upon the Road the Gentleman's Servant in defence of his Master kills the Thief he forfeits nothing And if this holds in the case of a common Person how much more then in Case of the King And lastly where he says Instead of Praying for his People as a good King should do he Prays to be deliver'd from them as from wild Beasts Inundations and Raging Seas that had overborn all Loyalty Modesty Laws Justice and Religion God save the People from such Intercessors I think A gente inimica dolosa libera me Domine From an evil and perverse Generation deliver me O God! might have very well become any honest Man's Prayer concerning them For in their Malice they slew their King and in their
Name of a Petition beset the Houses and force them to resettle it as it had been on the Citizens Hereupon the two Speakers with forty of the Lower House five Earls one Viscount and three Lords run off to the Army and Vote with them in their Council of War in the Nature of a Parliament and engage to live and die with the Army And a Mercy it was says our Answerer that they had a Noble and Victorious Army so near at hand to fly to The remains of the Houses on the other hand chuse new Speakers and raise an Army in the City and declare in Print it was in Order to his Majesty's being free and in a capacity of treating which yet they made use of but as a Stale to the Faction The Army-Soldiers also engage to Fair fax that they will live and die with him the Parliament i. e. such of the Houses as had fled to them and the Army who set out a Declaration of the Grounds of their march towards London and denying them to have been a Parliament since the said 26 of July at what time they were under a force call them the Gentlemen at Westminster and by a Letter to the Lord Mayor and Aldermen reproach them with those Tumults and demand the City to be delivered into their Hands to which purpose they were now coming to them To be short the Forces the City had raised were able and willing enough to have fought the Army but the Lord Mayor and Court of Aldermens Hearts failing them they open their Gates and let them march through the City And now the first thing was to replace the Speakers and purge the Houses Aug. 6. 1647. which being accordingly done and a holy Thanksgiving appointed they declare all that had past in the Houses from the said 26 of July to the 6 of August to be null and void And the Army in their way impeach some imprison others demolish the Line of Communication and take every thing into their own Hands And yet to sweeten the People on the other side they treat the King now at Hampton-Court with more Liberty and Respect than had been shewn him by the Parliament's Commissioners for they not only allow him his own Chaplains and permit his Children and some Friends to see him but pretend to establish him in his just Rights to call Committees and Sequestrators to an account and free the People from Excise and Taxes and now who but the Army and Cromwell Tertius è coelo cecidit Cato Such as well as I could put them together were the Distractions in the two Houses the Army and the City that ensued the Army's surprisal of the King at Holmby And here they ended for this time what became of them afterward I shall come to show in the last Chapter CHAP. XXVII To the Prince of Wales HIS Majesty's Father King James the First who might have truly said Many and evil have been the days of my Pilgrimage thought it not enough to have pass'd those Windings himself without leaving his Son some Clue to direct him and therefore wrote that his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Instructions to his Son Henry the Prince And by his Fatherly Authority charges him to keep it ever with him as carefully as Alexander did the Iliads of Homer And the same seems this the King's Letter to the Prince of Wales A Manual penn'd by the best of Men and may be a Guide to the best of Princes For as to himself it is so ad fidem Historiae and as to the Prince so ad exemplar justi Imperii that whoever he be that opens it without prejudice cannot to use his Majesty's Words measure his Cause by the Success nor his Judgment of things by his Misfortunes And truly when I came to this Letter I was thinking to my self what our Accuser could say to it till having perused his Answer I was thus far satisfied that he deceiv'd not my Expectation for instead of giving it any solid Answer he only catches at Words Et minutiis rerum pondera frangit And had he gone no farther how blamable soever he might have been he had been less Ignominious But when he rakes those Kennels of his own making and throws his dirt-balls to blacken what he cannot destroy what is it but a spitting against the Sky where the Spittle returns upon his own Face In short this Letter might have shewn him if he had pleas'd how when some Mens Consciences accuse them for Sedition and Faction they stop its Mouth with the name and noise of Religion and when Piety pleads for Peace and Patience they cry out Zeal When on the contrary all good Men know that this is a Religion not proceeding from the Spirit but a Worm of their own breeding how devoutly i. e. Enthusiastically soever they vent it to the People for neither is every Dream new Light nor every Whim Prophecy And what the sad Effects of this has been we cannot sure have so soon forgotten When God was brought in to the worst of Actions the King abus'd in the affections of his People Religion wounded with a Feather of its own and the State fired with a Coal from the Altar CHAP. XXVIII Meditations upon Death after the Votes of Non-addresses and His Majesty's closer Imprisonment in Carisbrook Castle WHAT our Accuser says to this last Chapter and whether his Majesty had not a more particular ground for these Meditations will best appear if we look back to the latter end of the twenty sixth Chapter where I left the People in an Hosannah or now save us to the Army and Cromwell And now what might he not do before he was discover'd Or if he were the Army was in his Hands the Parliament in his Pocket the City at his Feet and which of them was there durst first say to him What art thou doing There stood nothing now in his way but the King he had no more need of him and how should he dispose of him To keep him in the Army was troublesome to let the Presbyterians get him had been a Bar to his design and to have murthered him had nothing further'd it for as yet he was but Lieutenant General The best way therefore was to let him escape beyond Sea To which purpose private Letters are slipp'd into his Hand that the Agitators had a design upon his Life which coming also to his Ear from report and the Guards purposely disposed for it the King in a dark rainy Night makes his escape from Hampton-Court but the Vessel that should have carried him over sailing he unfortunately fell into the Hands of Colonel Hammond Governour of the Isle of Wight who secures him in Carisbrook-Castle and sends to the Parliament to know their Pleasure concerning him From thence His Majesty sends to the Houses his desires for a Personal Treaty Decemb 6. 1647. which they refuse unless he first pass four Bills 1. That the Parliament have the Militia and
Alij diutius Imperium tenuerunt nemo tam fortiter reliquit Tacit. Histor Lib. 2. c. 47. p. 417 VINDICIAE CAROLINAE OR A DEFENCE OF ἘΙΚΩΠΒΑΣΙΛΙΚΗ THE Portraicture of his Sacred Majesty in his Solitudes and Sufferings IN REPLY To a BOOK Intituled ἘΙΚΟÎΟΚΛΑΣΤΗΣ Written by Mr. Milton and lately Re-printed at Amsterdam Vere magnum habere fragilitatem hominis securitatem Dei Seneca London Printed by J. L. for Luke Meredith at the Angel in Amen-Corner MDCXCII THE PREFACE OUR Author has forespoken his Reader with a long Preface and Custom has so obtain'd that not to take notice of it were to allow it for Truth yet as long soever as it is I may be the shorter in mine in regard there are some things we shall not much differ about As when he begins to discant on the Misfortunes of a Person fallen from so high a Dignity who has also paid his final Debt both to Nature and his Faults is not of it self a thing commendable And I come so near him that I deem it in no wise commendable much less to defend a Party by whose Injustice he fell For Revenge and Envy stop at the Grave and however our Lives are at the Mercy of others even Fortune herself has no Dominion over the Dead But when he says And his Faults and that it is not the intention of his Discourse I referr my Reader to this of mine wherein from the Ordinances of that time and the Law of the Land I have I hope acquitted the King and for the other whatever his intention might be prov'd his Book contrary to what he gives out here He further supposes it no Injury to the Dead but a good Deed rather to the Living to better inform them by remembring them the Truth of what they themselves know to be mis-affirm'd And I agree with him for if a Man may not make the Blind to go out of his way there is this Charity due to a Short-sighted Multitude to point them at least where they first went astray and by bringing them back to the old Paths both shew them how they lost their Way and set them right for the future Yet agree as we will we must part at last for instead of not discanting on the Misfortunes of his murther'd Sovereign and of better informing the People of what he slily insinuates themselves know to be mis-affirm'd by the King the whole drift of his Book is to blast the one and spread a Mist before the other whereas mine is to vindicate the King and what in me lies to clear the Air of that Pestilent Vapour In the mean time and until I come to it I shall briefly consider the matter of his Preface and the manner of putting it together As to the former it is an abstract of his Book written in Scandal to the King's Book and himself And saith he for their Sakes who thro' Custom Simplicity or want of better Teaching have not more seriously consider'd Kings than in the gaudy name of Majesty in behalf of Liberty and the Commonwealth That is to say Licentiousness and Democracy words altogether foreign to the English whose Constitutions know nothing but an Hereditary Imperial Monarchy recognizing no Superiour under God but only the King unto whom both Spiritualty and Temporalty are bound and owe a Natural Obedience Unto which his Notions are directly contrary for if the Soveraignty lay in the People the King were not Supream but himself subject to that Power which is transcendent to his as appertaining to them and then the State of England were Democratical if it lay in the Nobles then were it Aristocratical or if in either or all of them it were in no wise Monarchical which both the Common-Law and Statute-Law of England have ever declar'd this Kingdom to be as shall be shewn in its proper place And yet he doubts not to impose upon his Reader That the People heretofore were wont to repute for Saints those faithful and couragious Barons as he calls them who lost their Lives in the Field making glorious War against Tyrants for the common Liberty As Simon de Monfort Earl of Leicester against Henry the Third Thomas Plantagenet Earl of Lancaster against Edward the Second And truly Siqua est ea Gloria England wants not wherein to Glory though I think neither of these comes under his Character For the first of them a Frenchman by Extraction ran into open Rebellion against Henry the Third whose Sister he had first vitiated then Married Took the King Prisoner and carried him about in the Army as Cromwell did this King and made him own all his the Earl's Actions as the Parliament but ineffectually endeavour'd it also and was at last slain in actual Rebellion at the Battle of Evesham by the Prince our English Justinian the Man who by rescuing oppress'd Laws taught the Crown of England not to serve and first deliver'd it from the Wardship of the Barons These Barons the Descendants of those where the Devil in the Father turn'd Monk in the Son for being conscious to themselves that whatever they had whether of Honour or Possessions had been commenc'd in Conquest and Rapine what better way of securing both than by siding with the People who had by this time forgotten they were the Posterity of those who had beggar'd their Ancestors And for the other of Lancaster he also was taken in a like Rebellion against Edward the Second and being thereof Convicted was Beheaded at Pomfrect nor other than Rebellion do I find any Remark of him but that his Name was Plantagenet and the Mobb call'd him King Arthur And therefore the most that can be said of them is what Aaron of his Calf These be thy Gods O Israel And having laid this Foundation for Matter who could expect his manner of doing it should be better more than that Grapes may be gathered of Thorns or Figs of Thistles Nor has he in the least deceiv'd me in it when though there 's a decency of Language due to the meanest of Men and Mankind insults not over a Slave in Misery yet neither in his Preface or his whole Book doâ—s he ever mention the King or his â—ctions without that irreverence as would put a modest Man to the Blush in reading it What the particular Expressions are I forbear to mention them where I may possibly avoid it and referr the Reader to them as they every where occur lest otherwise I be like him that pretends to answer a Seditious Book and Prints that with his answer that it may be remembred cum Privilegio However this from the whole though the Scripture calls Princes Gods that Prince is yet to be born whose some action or other did not confess Humanity and require Candour Moses was King among the Righteous and David a Man after God's own Heart and yet it cannot be said of either of them In nullo erratum est And therefore instead of raking the Graves of Princes we
rebuke them sharply from one of themselves even a Prophet of their own In a word true Morals and good Thoughts lose nothing of their Innate Excellence from whencesoever they are handed to us The Devil had not been the Enemy but Friend of Mankind if he had spoke no worse in Paradise than he did at Delphos viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Know thy self And therefore admitting the Accusation were true where lies the Scandal Nor will he have done while there 's a drop yet left The King says He call'd this Parliament with an upright Intention to the Glory of God and his People's good Our Answerer makes this of it That there be some whom God hath given over to Delusion whose very Mind and Conscience is defil'd of whom St. Paul to Titus makes mention To which I say there is not any one such Expression in the whole Epistle but others there are whom he calls Evil Beasts Slow-bellies and Lions With which I leave him and proceed to the second Section CHAP. II. Vpon the Earl of Strafford's Death I Looked upon my Lord of Strafford saith His Majesty as a Gentleman whose great Abilities might make a Prince rather afraid than asham'd to employ him in the greatest affairs of State Yes saith our Answerer He was a Man whom all Men look'd upon as one of the boldest and most impetuous Instruments that the King had to advance any violent or illegal design He had rul'd Ireland and some Parts of England in an Arbitrary manner Had endeavour'd to subvert Fundamental Laws and Parliaments To make Hostility between England and Scotland And Counselled the King to call over that Irish Army of Papists to reduce England For which and many other Crimes alledged and proved against him iâ— twenty eight Articles he was Condemned of High Treason by the Parliament The Commons by the far greater number Cast him The Lords likewisâ— agreed to the Sentence and the People cry'd out foâ— Justice c. Only the King saith he was not satisfied in his Conscience to Condemn him of High Treason In reply to which I think he might morâ— truly have said not prov'd but alledg'd as I shalâ— come to shew presently That he was oncâ— the Darling of the Commons His Tryal of Tho. Earl of Strafford Fol. 763. to 769. we have several Instances of it in Mr. Rushworth But alas the King had made him Lord Deputy of Ireland and the heighth of that Sphere contracted Envy in the Great Ones and an Odium in the People nor is it every one that can say nâ—â—pluribus impar Though during that his Government he improv'd the Revenue of that Kingdom which before his time had been rather 〈◊〉 Charge than Advantage to this and procur'd of the King that all Impropriations then in thâ— Crown be restor'd to the Church of that Nation and supplied it with Learned Men out oâ— England upon the Scottish Invasion in 1639 he counsell'd the King 't is true to fight them out Vox Reipub honesta sibi anceps as Taciâ—â— of Galba on the like Occasion for the Scotcâ— Commissioners not long after preferr'd that Charge in Parliament against him before-mention'd And then for the Irish Army of Papists c. that brings me naturally to the Article themselves which were as is said Twentâ— Eight in number Some of which were for matters of Fourteen Years standing some of them as the First Seventeenth Eighteenth not insisted on and others as the Fourteenth Twenâ—y first Twenty Second Twenty Fourth not â—rg'd Dr. Nalson's impartial Collect Part 2. Fol. 8. And to disable him of the Testimony and Assistance of Sir George Ratcliffe his quondam Secretary and now Friend he also was charged with High-Treason and Confederacy with him and sent for out of Ireland The Earl had now been under five Months Imprisonment when the 22d of March 1640. he was brought to his Tryal which held till the 13th of April following and in which he defended himself so well that since there was neither Matter nor Proof enough against him to take off his Head by the Common-Law it was resolv'd a Bill of Attainder should The pinching Article against him was the Twenty third and is the main Particular mention'd in the said Bill viz. That he advis'd the King that he was loose and absolv'd from the Rule of Government and that he had an Army in Ireland by which he might reduce this Kingdom A shrewd Article no doubt and sufficiently evidences their Crime that without the King's Consent afterwards brought the Scots into England But let us see how this was proved There had been an old grudge between Sir Henry Vane the Father Secretary to the King and my Lord of Strafford touching the Title of Baron of the Castle of Raby of which Vane was Proprietor and endeavour'd the Honour to himself notwithstanding which the King had given it to the Earl of Strafford And is so happen'd that the said Sir Henry having a sudden occasion to make use of a Paper gave his Son young Sir Henry Vane the Key of his Cabineâ— where lay another Key which open'd a Tilâ—â— in which he found some short Notes of a Committee of eight of the Privy-Council of whicâ— the said Earl was one upon this Question Whâ—ther the War with Scotland should be offensive or defensive In which there were Words 〈◊〉 spoken by the said Earl somewhat to that puâ—pose but still relative to the War with Scoâ—land However young Sir Henry carries it 〈◊〉 the Lords and makes it an Article of the Additional Charge against him which upon fuâ—â— Evidence of such of the said eight as were noâ— in Prison terminated in this The Earl oâ— Northumberland being interrogated touchinâ— these Words absolutely denied that ever hâ— heard the said Earl speak them Mr. Treasurer Sir H. V. shuffled in his Evidencâ— forward and backward The Tryal Fol. 563. and at last said hâ— thinks they were spoken positively or to thaâ— effect And a shrewd Evidence for the proof of a Bond The Lord Treasurer declar'd that he never heard the said Earl speak thâ—â— said Words or any thing like it The Lord Cottington to the same purpose and thinkâ— the Earl might say The Parliament had noâ— provided for the King and that the King ought to seek out all due and lawful ways to employ his Power and Authority Caste Candide which Words he very well remembers The Marquess Hamilton that he hath often heard the said Earl use those last Words to the King for otherwise said the Earl it were unjust and oppressive And to the same purpose the Lord Goring â—ll Nelson Fol. 87. and Sir Thomas German in behalf of the said Earl However die he must and to that end a Bill of Attainder was prepar'd by both Houses to which the King May the first in the House of Lords the Commons then present declar'd That in his Conscience he could not condemn him of Treason On which a City armed Rabble of
about Six Thousand tumultuously flock to Westminster crying Justice Justice against the Earl of Strafford Which within a day or two they second with a Petition On which the Earl less valuing his Life than the quiet of the Kingdom writes a Letter to the King whereby to set his Conscience at Liberty and by his own Consent prays him to pass the Bill which in a few days after was by Commission to the Earl of Arundel and three other Lords accordingly done with this Proviso That no Judge or Judges c. shall adjudge or interpret any act or thing to be Treason nor hear or determine any Treason any other way than they should or ought to have done before the making of this Act and as if this Act had never been had or made A modest Confession and that nothing but an Act of Parliament could affect him Nor unlike that Clause in an Ordinance of the King and Lords for the Banishment c. of the Lady Alice Pierce a Favourite of King Edward the Third's viz. That this Ordinance in this Special Case Mr. Seldâ—n's Privilege of Baronage 71 which may extend to a Thousand other Persons shall in no other case but this be taken in Example However after the Bill was pass'd the King as deeming They will reverence my Son wrote a Letter to the House of Lords with his own Hand and sent it by the Prince of Wales in which he interceeds for that Mercy to the Earl which many Kings would not have scrupled to have given themselves But 't was resolv'd and nothing would do And thus between Accumulative and Constructive Treason nor better prov'd than I have shewn before Sic inclinavit heros caput Taken from Mr. Cleveland Belluae multorum Capitum Merces favoris Scottici praeter pecunias Nec vicit tamen Anglia sed oppressit Or if my Reader had rather have it in English take it from that happy Flight of Sir Richard Fanshaw on that Occasion And so fell Rome herself oppress'd at length By the united World and her own Strength And yet not to leave his Memory in the Dust there is an Act of Parliament that vindicates all I have said in the matter and that is The Act for reversing this Attainder 13 14. Car. 2. c. 29. which says thus That the Bill of Attainder was purposely made to Condemn him upon Accumulative and Constructive Treason none of the said Treasons being Treason apart and so could not be in the whole if they had been prov'd as they were not And the Act further says It was procured by an armed Tumult the names of Fifty nine of the Commons that opposed the Bill posted by the name of Straffordians and sent up to the Peers at a time when a great part of them were absent by reason of those Tumults and many of those present protested against it For which Causes and to the end that Right be done to the Memory of that deceased Earl it was enacted c. That the said Act c. be repeal'd c. And all Records and proceedings of Parliament relating to the said Attainder be cancell'd and taken off the File c. to the intent the same may not be visible in after-Ages or brought in Example to the prejudice of any Person whatever Provided that this Act shall not extend to the future questioning of any Person c. however concern'd in this Business or who had any hand in the Tumults or disorderly procuring the Act aforesaid c. A shrewd suspicion that they thought that Act of Attainder was not so regularly obtain'd as it ought to have been for if it had what needed that Proviso And having duely considered this Act I think the Wonder will cease why the King was so dissatisfied in his Conscience touching the giving his Assent to that Bill of Attainder His Speech on the Scaffold or that the Lord Capel so publickly begg'd forgiveness of God for having given his Consent toward it At least I presume it may startle any Man that from such repeated Calumnies has not yet come to be of our Answerer's Opinion That there may be a Treason against the Commonwealth as well as against the King only A Treason not mention'd in 25 Edw. 3. or in any Statute since saving those of the late Usurper's making inasmuch as no Estate or Estates of the Realm make any thing of themselves but as joyned to their Figure the King And therefore passing the King 's most detested Conspiracy as he calls it against the Parliament and Kingdom by seizing the Tower of London bringing the English Army out of the North c. I leave him and his Stuff together and come to the Third CHAP. III. Vpon His going to the House of Commons I Said ere-while His Majesty might think the Lords would reverence his Son nor was in to be doubted whether the Commons would himself Especially considering the business he went about It was faith the King to demand Justice upon the Five Members whom upon just motives and pregnant grounds I had charged and needed nothing to such Evidence as could have been produced against them save only a free and legal Tryal which was all I desired Which fill'd indifferent Men with Jealousies and Fears yea and many of my Friends resented as a motion rising rather from Passion than Reason See says our Answerer He confesses it to â—an act which most Men whom he calls his Enemies cried shame upon indifferent Men c. as before He himself in one of his Answers to both Houses made profession to be convinc'd that it was a plain breach of their Privilege Yet here like a rottâ— Building newly trimm'd over he represents it speciously and fraudulently to impose upon the simple Reader c. Words insolent enough without adding the rest though it had not been from his Matter if he had told that simple Reader in which Answer of his Majesties he might have found that Profession However for the discovery of the Truth on both sides it may not be amiss to make a few steps backward that considering the occasion we may the better judge of the thing It had been advis'd to the King by the then Privy-Council of Scotland to send the Book of Common-Prayer to be receiv'd and us'd in all Churches of that Kingdom The King's Declaration 1639. which was accordingly order'd And in the Month of July 1637. publickly read in the great Church of Edinburgh The Kirkmen took fire at it nor wanted there some in England to fan the Flame which in a short time got that head that they invade England but finding the design not ripe enough yet they humbly submit and the business is smother'd Whereas had those smoaking Brands been sufficiently quench'd they had not made a greater Eruption the next Year During this time the King had gotten into the matter and calls this Parliament with a real intention of quieting all They begin where the last Parliament
of a King A King of England of whose Predecessors the Parliament of England had declar'd That they could not assent to any thing that tended to the dis-inherison of the King and his Crown Sir Ed. Coke 4 Inst 14. whereunto they were Sworn But what could the wisest of Men say to it when the Parliament and the Rabble were both of a side And whether they were so or not witness those Tumultuary Routs from the Men of Essex Colchester Devon Somerset Middlesex Hartford Sir W Dagdale's Short View Fol. â—5 London Apprentices Seamen nay the very Women and all for putting the Kingdom into a Posture c On which follow'd those several Associations for suppressing the Popish Malignant Party though in truth it was to pursue the King with all vehemence Id. Dagd 113. for such are the Words of Essex's Letter to the Houses near that time Nor were the Black Cloaks less wanting to their Parts they could blow the Bellows well enough tho' they car'd not how little they wrought at the Forge And therefore seeing the Reverence of his Government was lost with the People and the Great Ones moving at another rate quam ut Imperantium meminissent 〈◊〉 As it was no less than time for His Majesty to retire and pray for fair Weather so our Answerer instead of snarling and catching at his Words might have suffer'd him to depart in Peace But to go on with him I am saith the King not further bound to agree with the Votes of both Houses than I see them agree with the Will of God my Rights as a King and the general good of my People And better for me to die enjoying this Empire of my Soul which subjects me only to God than live with the Title of a King if it carry such a Vassallage with it as not to suffer me to use my Reason and Conscience in which I declare as a King to like or dislike An use of Reason saith our Answerer If he thereby means his Negative Voice most reasonless and unconscionable and the utmost that any Tyrant ever pretended over his Vassals For if the King be only set up to execute the Law which is indeed the highest of his Office he can no more reject a Law offer'd him by the Common than he can new-make a Law which they reject And yet as reasonless and unconscionable as he pretends to make it this Negative Voice is and ever has been the undoubted Right of the Kings of England For besides what I had the occasion to speak to this matter before it is no Statute if the King assent not to it Because if it were all those Bills that have passed both Houses and for want of the Royal Assent lie buried in Oblivion might as occasion serv'd be trump'd up for Laws And if he may dis-assent it is a sufficient Proof of this Negative Voice and that he may refuse or ratifie as he sees cause And withal shews where this Legislation lies though the use of it be restrained to the consent of both Houses whose Rogation which is exclusive of all co-ordinate Power preceeds the Kings Ratification Then for his if the King be only set up c. If this if be false his whole matter falls with it And that it is so I thus prove it The Parliament-Roll 1 Edw. I. n. 8. says That upon the decease of King Richard the Second 9 Edw. 4. Fol. â— 6 the Crown by Law Custom and Conscience descended and belonged to Edmund Earl of March under whom King Edward the Fourth claimed And Henry the Fourth who had usurp'd upon King Richard the Second makes no other Title but as Inheritor to King Henry the Third Sir J. Hayward's 1st year of â—â—n 4. So the Parliament of the first of King James the First Recognize as say they we are bound by the Law of God and Man the Realm of England and the Imperial Crown thereof doth belong to him by Inherent Birthright and lawful and undoubted Succession The same also for Queen Elizabeth 1 Eliz â— 1. as to her Which shews that Kings are neither set up by the People nor have the Titles to their Crowns from the two Houses but by Inherent Birthright Which needs no setting up And so I think what depends upon this if sinks with it though I shall have a further occasion to speak to it in his next Paragraph And here he taxes the King for saying He thinks not the Majesty of the Crown of England to be bound by any Coronation Oath in a blind and brutish formality to consent to whatever its Subjects in Parliament shall require But where does the Law of England say the King is so bound Tho' yet out Answerer is pleas'd to say What Tyrant could presume to say more when he meant to kiâ—â— down all Law Government and Bond of Oath Least considering what his Majesty subjoyns viz. I think my Oath fully discharg'd is that Point by my Governing only by such Laws as my People with the House of Peers have chosen and my self consented to Nor did the Coronation Promise See the Oath in every Hist of his Reign or Oath oblige him to more than To hold and keep the Laws and rightful Customs which the Commonalty of this his Kingdom have and to defend and uphold them to the Honour of God so much as in him lay Whereas had there been any Obligation upon him to have consented to whatever the Parliament shall require it is not to be doubted but it would have been expressed in the Oath as it is not And yet our Answerer less doubts to say That that Negative Voice to deny the passing of any Law which the Commons chuse is both against the Oath of his Coronation and his Kingly Office in that he makes himself Superiour to his whole Kingdom which our standing Laws gainsay as hath been cited to him in Remonstrances That the King hath two Superiors the Law and his Court of Parliament An excellent Proof in the mean time But we 'll examine it a little The Common-Law saith Omnis sub Rege Sir E. Coke 1 Inst 1. c. Every Man is under the King and he under none but God And to the same purpose Bracton Lib. â— Ed. 55. 2 Inst 496. from whom he quotes it His Prerogative is a part of the Law of the Land All offences are said to be against the Peace of our Sovereign Lord the King c. The Laws of England are call'd the King's Laws The Parliament as is confess'd to my hand his Parliament And therein also the King is sole Judge 22 Ed III. 3. the rest but Advisers His is the power of Calling Proroguing and Dissolving them 4 Inst 46. Id. Inst 3. And by his Death they are dissolv'd of course And why all this but that the King is Principium Caput c. The beginning the head and end of a Parliament As he is also the Head of