King Charles the First, no man of blood: but a martyr for his people· Or, a sad, and impartiall enquiry, whether the King or Parliament began the warre, which hath so much ruined, and undon the kingdom of England? and who was in the defensive part of it? Philipps, Fabian, 1601-1690. This text is an enriched version of the TCP digital transcription A90655 of text R203147 in the English Short Title Catalog (Thomason E531_3). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 190 KB of XML-encoded text transcribed from 36 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A90655 Wing P2008 Thomason E531_3 ESTC R203147 99863212 99863212 115401 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A90655) Transcribed from: (Early English Books Online ; image set 115401) Images scanned from microfilm: (Thomason Tracts ; 82:E531[3]) King Charles the First, no man of blood: but a martyr for his people· Or, a sad, and impartiall enquiry, whether the King or Parliament began the warre, which hath so much ruined, and undon the kingdom of England? and who was in the defensive part of it? Philipps, Fabian, 1601-1690. [2], 66 p. s.n.], [London : Printed in the yeare 1649. Attributed to Fabian Philipps. Place of publication from Wing. Annotation on Thomason copy: "June 25 1649". Reproduction of the original in the British Library. eng Charles -- I, -- King of England, 1600-1649. Great Britain -- History -- Charles I, 1625-1649 -- Early works to 1800. A90655 R203147 (Thomason E531_3). civilwar no King Charles the First, no man of blood: but a martyr for his people· Or, a sad, and impartiall enquiry, whether the King or Parliament bega Philipps, Fabian 1649 33187 100 5 0 0 0 0 32 C The rate of 32 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-05 TCP Assigned for keying and markup 2007-05 Apex CoVantage Keyed and coded from ProQuest page images 2007-07 John Latta Sampled and proofread 2007-07 John Latta Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion King CHARLES the First , no Man OF BLOOD : BUT A MARTYR FOR HIS PEOPLE . OR , A sad , and impartiall enquiry , whether the King or Parliament began the Warre , which hath so much ruined , and undon the Kingdom of England ? and who was in the defensive part of it ? Exoritur aliquod majus è magno malum . Nondum ruentis Ilij fatum stetit . SENEC . Traged . in Troade Act 3. Printed in the Yeare 1649. King CHARLES the First , No Man of Blood : BUT A Martyr for his People . THAT there hath beene now almost seaven yeeres spent in Civill-Warres , aboundance of Blood-shed , and more Ruine and Misery brought upon the Kingdome by it , then all the severall Changes , Conquests and Civill-Warres it hath endured from the time of Brute , or the first Inhabitants of it ; every mans wofull experience ( some only excepted who have beene gayners by it ) will easily assent unto . No mervaile therefore that many of those ( who if all they alledge for themselves , that they were not the cause of it , could bee granted to be true ) might eyther have hindred or lessned it : would now put the blame of so horrid a businesse from themselves , and lay it upon any they can perswade to beare it . And that the Conquerours , who would binde their Kings in Chaynes and their Princes with fetters of Iron , and thinke they have a Commission from Heaven to doe it ( the guilt of it being necessarily either to bee charged upon the Conquerors or conquered ) are not willing to have their triumphant Chayres , and the glories ( as they are made beleeve ) that hang upon their shoulders defiled with it ; but do all they can to load their Captives with it : But howsoever , though the successe and power of an Army hath frighted it so farre out of question as to charge it upon the King , and take away his life for it ; by making those that must of necessity bee guilty of the fact ; if he should have beene ( as in all reason hee ought to have beene acquited of it ) the only Judges of him . It may well become the judgement and conscience of every man that will bee but eyther a good Subject or a Christian , not to lend out his Soule and Salvation so much on trust , as to take those that are parties , and the most ignorant sort of mens words for it : but to enter into a most serious examination of the matter of Fact it selfe , and by tracing out the foote-steps of Truth , see what a conclusion may be drawn out of it . In pursuance wherof ( for I hope the originall of this Sea of blood will not prove so unsearchable as the head of Nile . ) Wee shall enquire who first of all raysed the Feares and Jelousies . Secondly , represent and set down the truth of the matter of Fact , and proceedings betwixt the King and Parliament ; from the tumultuous & seditious coming of the People to the Parliament and White-hall , untill the 25. Aug. 1642. when he set up his Standard at Nottingham , & from the setting up of his Standard untill the 13 Sep. 1642. when the Parliament by their many acts of hostility , & a negative & Churlish answer to his propositions , might well have put him out of hope of any good to be obteined from them , by messages of Peace sent unto them . Thirdly , whether a Prince or other Magistrate , labouring to suppresse or punish a rebellion of the People , be tied to those rules are necessary to the justifying of a warre if it were made betweene equalls . Fourthly , suppose the warre to bee made with a neighbour Prince , or between equalls , whether the King or Parliament were in the defensive or justifiable part of it . Fiftly , Whether the Parliament in their pretended magistracy have not taken lesser occasions , to punish or provide against insurrections , treasons & rebellions as they are pleased to call them . Sixtly , Who most desired Peace , and offered faireliest for it . Seventhly , Who laboured to shorten the Warre , and who to lengthen it . Eightly , Whether the Conditions proffered by the King ; would not have beene more profitable for the People if they had beene accepted , and what the Kingdome and People have got insteed of it . CHAP. I. Who first of all Raised the Feares and Jealousies ? THE desiring of a guard for the Parliament because of a tale rather then a plot ; That the Earle of Crawford had a purpose to take away the Marquis of Hamiltons life in Scotland ; the refusing of a legall guard offered by the King ; and His Protestation to bee as carefull of their safety , as of the safety of His Wife and Children . The dreame of a Taylor lying in a ditch in Finsbury fields , of this and the other good Lord , and Common-wealths men to be taken away , The trayning of horses under ground , and a plague plaister ( or rather a clout taken from a galled horse back ) sent into the house of Commons to Mr. Pym . A Designe of the Inhabitants of Covent-Garden to murther the City of London ; News from France , Italy , Spaine and Denmarke , of Armies ready to come for England ; and a supposition , or feaverish fancy , That the King intended to introduce Popery , and alter Religion , and take away the Lawes and Liberties of the People , and many other the like seditious delusions , the People ( so much as their misery will give them leave ) have now found out the way to laugh at ; either came from the Parliament partie , or were cherished and turned into advantages by them . For they had found the way , and lost nothing by it , to be ever jealous of the King ; And whilest he did all he could to shew them , that there was no cause for it , they who were jealous without a cause , could bee so cunning as to make all the haste they could to weaken Him , and strengthen themselves , by such kind of artifices . But hee that could not choose , but take notice that there were secret ties and combinations betwixt his English and Scottish Subjects , the latter of whom the Earle of Essex and Sir Thomas Fairfax themselves understood to be no better then Rebels , and therfore served in places of Command in His Majesties Army against them . That Sir Arthur Haselrig had brought in a Bill in Parliament to take the Militia by Sea and Land away from him , saw himselfe not long after by a Printed remonstrance or declaration made to the People of all they could but imagine to bee errours in his government , arraigned and little lesse then deposed : The Bishops and divers great Lords driven from the Parliament by Tumults ; Was inforced to keepe his gates at Whitehall shut , and procure divers Captaines and Commanders to lodge there , and to allow them a table to bee a guard for him , and had beene fully informed of many Trayterous Speeches used by some seditious mechaniques of London as that It was pitty Hee should raigne , and that The Prince would make a better King ; was yet so farre from being jealous , or solicitous to defend himself by the Sword and power which God had intrusted him with , as when he had need & reason enough to do it , he still granted them ( that he might not seem to deny what might but seeme to bee for the good of his People ) every thing they could reasonably aske of him , or hee could but reasonably tell how to part with ( though hee could not be ignorant , but an ill use might be made of them against himselfe ) As the putting downe of the Starre-Chamber , and high Commission Court ; the Courts of Honour , and of the North and Welch marches ; Commissions for the making of Gun-powder , allowing them approbation or nomination of the Lievetenant of the Tower , and did all and more then all his Predecessors put together , to remove their jealousies . And when that would not doe it ; stood still , and saw the game plaid on further ; Many Tumults raised , many Libels and Scandalous Pamphlets publiquely Printed , against His Person and Government , and when hee complained of it in Parliament so little care was taken to redresse it , as that the Peoples comming to Westminster in a Tumultuons manner , set on and invited by Pennington and Ven , two of the most active mechanick Sectaries of the house of Commons , it was excused and called a Libertie of Petitioning : And as for the Libels and Pamphlets , the Licensing of Bookes before they should bee Printed , and all other restraint of the Printing presses were taken away , and complaints being made against Pamphlets and seditious bookes , some of the Members of the house of Commons were heard to say the worke would not bee done without them ; and complaints being also made to Mr. Pym against some wicked men which were ill affected to the Government ; Hee answered , It was not now a time to discourage their Friends but to make use of them : And here being as many jealousies and feares as could possibly be raised or fancied without a ground on the one side ; against all the endeavours could bee used on the other side to remove them , Wee shall in the next place take a view of the matter of Fact that followed upon them , and bring before you . CHAP. 2. The Proceedings betwixt the King and the Parliament from the Tumultuous and Seditious comming of the People to the Parliament and White-Hall till the 13 of September 1642. being 18 dayes after the King had set up His Standard at Nottingham . VVHEN all the King could doe to bring the Parliament to a better understanding of Him , did as they were pleased to make their advantage of it , but make them seeme to bee the more unsatisfied ; that they might the better mis-represent Him to the People ; and petition out of his hands as much power as they could tell how to perswade him to grant them , and that hee had proofes enow of what hath beene since written in the blood and hearts of His People , That the five Members and Kimbolton intended to roote out Him and His Posterity ; subvert the Lawes and alter the Religion , and Government of the Kingdome , and had therefore sent his Serjeant at armes to demand their persons , and Justice to bee done upon them , instede of obedience to it , an order was made ; That every man might rescue them , and apprehend the Serjeant at armes for doing it ; which Parliament Records would blush at . And Queene Elizabeth ( who was wont to answer her better composed Parliaments upon lesser occasions with a Cavete ne patientiam Principis laedatis , and caused Parry a Doctor of the Civill Lawes and a Member of the house of Commons by the judgement and advice of as sage and learned a privy councell and Judges as any Prince in Christendome ever had ; to bee hang'd drawn and quartered for Treason in the old Palace of Westminster when the Parliament was sitting ) would have wondred at . And 4. January 1641. desiring only to bring them to a legall-tryall and examination , went in Person to demand them , and found that his owne peaceable behaviour , and fewer attendants ( then the two Speakers of the Parliament had afterwards when they brought a whole Army at their heeles , to charge and fright away eleven of their fellow Members ) had all manner of evill constructions put upon it , and that the Houses of Parliament had adjourned into London , and occasioned such a sedition amongst the People , as all the trayned bands of London must guard them by Land , when there was no need of it , and many Boats and Lighters armed with Sea-men and murdering-peeces by water , and that unlesse Hee should have adventured the mischiefe and murder hath beene since committed upon him , by those which at that time intended as much as they have done since ; it was high time to thinke of his owne safety , and of so many others were concerned in it ; having left London but the day before , ( upon a greater cause of feare th●n the Speakers of both Houses of Parliament in July 1647. to goe to the Army ) retires with the Prince his Sonne ( whom the Parliament laboured to seize and take into their custody ) in his company towards Yorke . 8. January 1641. A Cimmittee of the house of Commons sitting in London , resolved upon the question . That the actions of the City of London , for the defence of the Parliament were according to Law , and if any man should arest or trouble any of them for it , he is declared to be an enemy to the Cōmon-wealth . And when the King , to quiet the Parliament , 12 Jan. 1641. was pleased to signifie that for the present he would waive his proceedings against the five Members and Kimbolton , and assures the Parliament that upon all occasions hee will bee as carefull of their Priviledges as of his Life or his Crown : Yet the next day after , they Declared the Lord Digby's coming to Kingstone upon Thames but with a Coach and six horses in it , to be in a Warlike manner , and disturbance of the Common-wealth ; and take occasion thereupon to order the Sheriffes of all Counties in England and Wales , with the assistance of the Justices of Peace and trayned bands of the severall Counties to suppresse any unlawfull assemblies , and to secure the said Counties and all the Magazines in them . 14 January , 1641. The King , by a second Message , professeth to them hee never had the least intention of violating the least priviledg of Parliament , and in case any doubt of breach of Priviledges remain ; will bee willing to cleere that , and assert those , by any reasonable way his Parliament shall advise him to : But the Designe must have been laid by , or miscarried , if that should have beene taken for a satisfaction ; and therefore to make a quarell which needed not , they Order the morrow after a Charge and Impeachment to bee made ready against Sir Edward Herbert the Kings Attorney-Generall , for bringing into the House of Peeres the third of that instant January , by the Kings direction , a Charge or Accusation against Kimbolton and the five Members , &c. In February 1641. Seize upon the Towre of London ( the great Magazine and Store-house of the Kingdome ) and set some of the trayned-bands of London , commanded by Major Generall Skippon to guard it . 1. March 1641. Petition for the Militia , and tell him ; If he would not graunt it , they would settle and dispose it without him ; And the morrow after Resolve upon the Question , That the Kingdom be forthwith put in a posture of Defence ; in such a way as was already agreed upon by both Houses of Parliament ; and Order the Earle of Northumberland , Lord high-Admirall , to Rig , and send to Sea his Majesties Navie ; and notwithstanding that the King 4 March 1641 : by his Letter directed to the Lord Keeper Littleton had signified that hee would wholly desist from any proceedings against the five Members and Kimbolton : Sir John Hotham , a Member of the House of Commons , ( who before the King had accused the five Members and Kimbolton , had by Order of Parliament seized upon the Towne of Hull , the only fortified place of strength in the Kingdom , and made a Garison of it ) summoned and forced in many of the trayned Souldiers of the County of Yorke to help him to guard it . And eighth of March 1641 , Before the King could get to Yorke it was Voted . That whatsoever the two houses of Parliament should Vote or Declare to be Law , the People were bound to obey : And when , not long after , the King offered to goe in person to suppresse the Irish-Rebellion : That was Voted to bee against the Law , and an encouragement to the Rebells ; and they Declare that whosoever shall assist him in his Voyage thither should bee taken for an enemy to the Common-weale . And 15 of March , 1641. Resolved upon the Question , That the severall Commissions granted under the great-Seale to the Lievetenants of the severall Counties were illegall and void , and that whosoever should execute any power over the Militia , by colour of any such Commission , without consent of both Houses of Parliament , should bee accounted a disturber of the Peace of the Kingdom . Aprill 1642. Sir John Hotham seizeth the Kings Magazine at Hull , and when the King went but with a small attendance to demand an entrance into the Towne denies him ; though hee had then no Order to doe it : Notwithstanding all which , the 28 of Aprill 1642. they Vote , That what hee had done was in obedience to the commands of both Houses of Parliament , and that the Kings proclaming him to bee a Traytor was a high breach of Priviledge of Parliament ; And Ordered All Sheriffs and Officers to assist their Committees sent down with those their Votes to Sir John Hotham . In the meane time the Pulpits flame with seditious invectives against the King , and incitements to Rebellion , and the People running headlong into it , had all manner of countenance and encouragement unto it ; but those Ministers that preached Obedience and sought to prevent it were sure to bee imprisoned , and put out of their places for it . Sir Henry Ludlow could bee heard to say in the house of Comons , That the King was not worthy to Reigne in England ; And Henry Marten , That the Kingly Office was forfeitable , and the happinesse of the Kingdome did not depend upon him and his Progeny : And though the King demanded justice of them , were neither punished nor put out of the House , Nor so much as questioned or blamed for it . The Militia , the principall part of the Kings regality , without which it was impossible either to bee a King or to governe , and the Sword which God had given him , and his Ancestors ( for more then a thousand yeeres together had enjoyed ) and none in the Barons wars , nor any Rebellion of the Kingdome since the very being or essence of it , durst ever heretofore presume to aske for ; must now be wrestled for , and taken away from him . The Commissions of Array , being the old legall way by which the Kings of England had a power to raise and levie men for the defence of themselves and the Kingdome , Voted to bee illegall . The passage at Sea defended against him , and his Navy kept from him by the Earle of Warwick , whilest the King all this while contenting himselfe to bee meerely passive , and only busying himselfe in giving answeres to some Parliament Messages and Declarations , and to wooe & intreat them out of this distemper , cannot be proved to have done any one action like a war , or to have so much as an intention to doe it , unles they can make his demanding an entrance into Hull , with about twenty of his Followers , unarmed , in his Company , and undertaking to returne and leave the Governor in possession of it , to be otherwise then it ought to be . 5. Of May 1642. The King being informed ; That Sir John Hotham sent out warrants to Constables to raise the trayned bands of York-shire writes his letter to the Sheriffe of that County to forbid the Trayned bands , and commands them to repaire to their dwelling houses . 12. Of May 1642. Perceiving himselfe every where endangered and a most horrid Rebellion framing against him , and Sir John Hotham so neere him at Hull as within a dayes journey of him ; moves the County of Yorke for a Troope of horse , consisting of the prime gentry of that County , and a Regiment of the trayned bands of foot , to bee for a guard unto him , and caused the Oath of Allegiance to be administred unto them . But the Parliament thereupon Vote ; That it appeared , the King seduced by wicked Councell , intended to make a War against them ( and till then if their own Votes should be true must acquite him from any thing more then an intention , as they call it , to do it ) And that whosoever should assist him are traytors by the fundamentall Lawes of the Kingdome . The Earle of Essex Lord-Chamberlaine of the Kings houshold , and all other of the Kings houshold Ser. ants forbid to go to him , & the Kings putting some of them out , & others in their places , Voted to bee an injury to the Parliament , Messengers were sent for the apprehending some Earles and Barons about him , and some of his Bed-Chamber , as if they had been Felons . The Lord Keepers going to him with the great-Seal when he sent for him , voted to bee a breach of priviledge , and pursued with a warrant directed to all Mayors and Bayliffes to apprehend him . Cause the Kings Rents and Revenues to bee brought in to them ; and forbid any to bee paid him ; Many of his Officers and Servants put out of their places for being Loyall unto him , and those that were ill affected to him , put in their Roomes ; and many of his owne Servants tempted and procured by rewards and maintenance to tarry with them and bee false and active against him . The twenty sixt day of May 1642. a Declaration is sent to the King ; but printed and published before hee could receive it : That Whatsoever they should Vote , is not by Law to bee questioned , either by the King or Subjects ; No precedent can limit or bound their proceedings . A Parliament may dispose of any thing wherein the King or People have any right . The Soveraign power resides in both Houses of Parliament . The King hath no Negative voyce . The levying of Warre against the Personall commands of the King , though accompanied with His presence , is not a levying of Warre against the King ; but a levying Warre against His Lawes and Authority ( which they have Power to declare ) is levying of Warre against the King . Treason cannot bee committed against his Person otherwise then as Hee was intrusted . They have Power to judge whether hee discharge His trust or not , that if they should follow the highest precedents of other Parliaments paternes , there would bee no cause to complaine of want of modesty or duty in them , and that it belonged only to them to Judge of the Law . 27 of May , The King , by his Proclamation , forbids all his Subjects and trayned bands of the Kingdome to Rise , March , or Muster . But the Parliament , on the same day Command all Sheriffs , Justices of Peace and Constables within one hundred and fifty miles of Yorke , to seize and make stay of all Armes and Amunition going thither : And Declaring the said Proclamation to bee void in Law ; Command all men to Rise , Muster and March , and not to Muster or March by any other Authority or Commission ; and the Sheriffs of all Counties the morrow after , Commanded with the posse Commitatus to suppresse any of the Kings Subjects that should bee drawne thither by his Command ; Secure and seize upon the Magazines of the Counties Protect all that are Delinquents against him , make all to bee Delinquents that attend him ; and censure and put out of the house of Peeres , nine Lords at once , for obeying the Kings summons and going to him . 3. June 1642. The King summoning the Ministery Gentry , and . Free-holders of the Countie of Yorke , declared to them the reasons of providing himselfe a guard , and that he had no intention to make a Warre , and the morrow after forbad the Lord Willoughby of Parham to Muster and Trayne the Countie of Lincolne , who under colour of an Ordinance of Parliament , for the Militia , had begun to doe it . 1● . June 1642. The Parliament by a Declaration signifying ; That the King intended to make a War against his Parliament ; invited the Citizens of London , & all others , well affected ( as they pleased to mis-call them ) within 80. miles of the City to bring money or plate into the Guild-Hall London , and to subscribe for Men Horses and Army , to maintai●e the Protestant Religion , the Kings Person and Authority ; ●ree course of Justice , Lawes of the Land , and priviledges of Parliament ; and the morrow after send 19. propositions to the King ; That the great affaires of the Kingdome and Militia , may bee mannaged by consent and approbation of Parliament , all the great officers of Estate , Pri●y Councell , Ambassadors and Ministers of State , and Judges bee chosen by them ; that the Grvernment , Education and Marriage of the Kings Children bee by their consent and approbation , and all the Forts and Castles of the Kingdome put under the Command and Custody of such as they should approve of , and that no Peeres to bee made hereafter , should sit or vote in Parliament without the consent of Parliament ; with severall other demands ( which if the King should have granted , would at once in effect , not only have undone and put his Subjects out of his protection , but have deposed both himselfe and his posteritie ) and then they would proceede to regulate his Revenue , and deliver up the Towne of Hull into such hands as the King by consent and approbation of Parliament should appoint . But the King having the same day before those goodly demands came to his hands ( being a greater breach of his Royall Priviledges then his demanding of the 5. Members and Kimbolton , if it had not beene Lawfull for him so to doe , could be of theirs ) granted a Commission of array for the Countie of Lecester to the Earl of Huntington and by a letter sent along with it , directed it for the present only to Muster and Array the Trayned-Bands . And 13. June 1642. Declared to the Lords attending Him at York ; That Hee would not engage them in any Warre against the Parliament unlesse it were for his necessary defence : wherupon the L. keeper Litleton who a little before had either beene affrighted or seduced by the Parliament to vote their new Militia . The Duke of Richmond , Marquis Hartford , Earle of Salsbury , Lord Gray of Ruthen ( now Earle of Kent ) and divers Earles and Barrons engaged ; not to obey any Order or Ordinance concerning the Militia had not the Royall assent to it . And fourteenth of June 1642. Being informed ; That the Parliament endeavored to borrow great summes of money of the City of London , and that there was great labour used to perswade His Subjects to furnish horse and money , upon pretence of providing a guard , for the Parliament : By His letter to the Lord Mayor , Aldermen , and Sheriffes of London disavowing any purpose of making a Warre : declared ; That He had not the least thought of raising or using of forces unlesse Hee should bee compelled to doe it for His owne defence ; and forbiddeth therefore , the lending of money or raising of horses . And within two dayes after , the Lord Keeper , Duke of Richmond , Marquis Hartford , Earle of Salisbury , Lord Gray of Ruthen with 17 Earles and 14. Barons , the Lord Chiefe-Justice Bancks , and sundrie others of eminent qualitie and reputation ; attest His Majesties Declaration and profession that Hee had no intention to make a Warre ; but abhorred it ; and , That they perceived no Councells or preparations tending to any such designe ; and send it with His Majesties Declaration to the Parliament : In the meane time the Committee of Parliament ( appointed to make the propositions to the Cittie of London , for the raising of Horse ) vizt. 15. June 1642. Made report to the house of Commons ; That the Citizens did very cheerfully accept the same , there being ( for indeede there had beene some designe and Resolution a yeare before concerning the melting of plate to raise monies ) already great store of plate , and monies brought into Guild-Hall ; for that purpose and an Ordinance of Parliament was made for the Earle of Warwick to bee Lord Admirall , and keepe the Navy , though the King had commanded him upon payne of Treason to deliver up the Ships to Him : And the Lord Brooke sent downe into Warwick-shire to settle the Militia . 17. June 1642. A Committee of both Houses was appointed to goe to the Citie of London to enquire what store of Horse , Monies and Plate were already raised upon the Propositions . 18. June 1642. The King by His Proclamation , Disclaiming any intention to make Warre against His Parliament , forbiddeth all levies of Forces without His Majesties expresse pleasure signified under His Great-Seale . And 20. June 1642. Informing all His Subjects , by His Proclamation of the Lawfullnesse of His Commissions of Array ; That besides many other Warrants and Authorities of the Law ; Judge Hutton and Judge Crooke in their arguments against the Ship-money , agreed them to be Lawfull ; and the Earle of Essex himselfe had in the beginning of this Parliament accepted of one for the Countie of Yorke . Gave His People to understand ; That Hee had awarded the like Commissions into all the Counties of England and Dominion of Wales to provide for , and secure them in a legall way ; lest under a pretence of danger , and want of Authority from His Majestie to put them into a Military postu●e , they should bee drawne and engaged in any opposition against Him , or His Just Authority . But 21. June 1642. The Lords and Commons in Parliament Declaring The Designe of their Propositions of raising Horse and Moneys was to maintaine the Protestant Religion , and the Kings Authoritie and Person , and that The Forces already attending His Majestie , and His preparations at first coloured under the pretence of a guard ( being not so great a guard as they themselves had constantly for 6. moneths before ) did evidently appeare to bee intended for some great and extraordinary designe ( so as at this time also they doe not charge the King with any manner of action of Warre , or any thing done in a way or course of Warre against them ) and gave just cause of feare and jealousie to the Parliament ( being never yet by any Law of God or man accounted to be a sufficient cause or ground for Subjects to make a Warre against their Soverainge ) did forbid all Mayors , Sheriffes , Bayliffes and other Officers to publish His Majesties said Letter to the Citie of London , And declare that if Hee should use any force for the recovery of Hull , or suppressing of their Ordinance for the Militia , it should bee held a levying Warre against the Parliament ; and all this done before His Majestie had granted any Commission for the levying or raising of a man ; and lest the King should have any manner of provision of Warre to defend Himselfe , when their Army or Sir John Hotham should come to assault Him ; Powder and Armes were every where seized on , and Cutlers , Gun-smiths , Sadlers and all Warlike Trades ordered not to send any to Yorke ; but to give a weekely account what was made or sold by them : And an Order made the 24. day of June 1642. That the Horses which should bee sent in for the Service of the Parliament , when they came to the number of 60. should bee trayned , and so still as the number increased . 4. July ▪ 1642. The King by His letter under His signe Manuall commanded all the Judges of England in their circuits , to use all meanes to suppresse Popery , Riots , and unlawfull assemblies , and to give the People to understand His Resolution to maintaine the Protestant Religion , and the Lawes of the Kingdome , and not to governe by any Arbitrary way ; and that if any should give the King or them to understand of any thing wherein they held themselves grieved , and desired a just reformation ; Hee would spedily give them such an answer as they should have cause to thank Him for His Justice and favour . But the same day a Declaration was published by both houses of Parliament Commanding That no Sheriffe , Mayor , Bayliffe , Parson , Vicar , Curate or other ( Sir Richard Gurney the Lord Mayor of London , not many dayes before having beene imprisoned for proclaming the Kings Proclamation against the bringing in of Plate &c. ) should publish or Proclaime any Proclamation , Declaration or other Paper in the Kings name which should bee contrary to any Order Ordinance or Declaration of both houses of Parliament or the proceedings thereof ; and Order , That in case any Force should bee brought out of one County into another to disturbe the Peace thereof , they should bee suppressed by the Trayned Bands , and Voluntiers of the adjacent Counties . Shortly after Sir John Hotham fortifieth the Towne of Hull , whilest the King is at Yorke , seizeth on a Ship comming to Him with provisions for His Houshold , takes Mr. Ashburnham one of the Kings Servants Prisoner , intercepts Letters sent from the Queene to the King , and drowneth part of the Countrey round about the Towne ; which the Parliament allowes of , and promise satisfaction to the owners . 5. July 1642. They Order a subscription of Plate and Horse to bee made in every Countey , and list the Horse under Commanders ; and the morrow after , Order 2000. men should bee sent to relieve Sir John Hotham in case the King should besiege him ; to which purpose Drummes were beat up in London , and the adjacent parts to Hull . The Earle of Warwick Ordered to send Ships to Humber to his assistance , instructions drawne up to bee sent to the Deputie-Lievetenants of the severall Counties to tender the Propositions for the raising of Horses Plate and Money . Mr. Hastings & divers of the Kings Commissioners of Array impeached for supposed high Crimes and misdemeanours ; and a Committee of five Lords and ten of the house of Commons ordered to meete every morning for the laying out of ten thousand pounds of the Guild-hall moneys for the buying of 700. Horse , and that 10000. Foote to bee raised in London and the Countrey , bee imployed by dirction of the Parliament , and the Lord Brooke is furnished with 6. peeces of Ordnance out of the Tower of London to fortifie the Castle of Warwick . And 9. July 1642. Order , That in case the Earle of Northampton should come into that County with a Commission of Array they should raise the Militia to suppresse him ; And that the Common Councell of London should consider of away for the speedy raising of the 10000. Foote , and that they should bee listed , and put in Pay within foure dayes after . 11. July 1642. The King sends to the Parliament to cause the Towne of Hull to bee delivered unto him and desires to have their answer by the 15. of that moneth , and as then had used no force against it : But the morrow after before that message could come unto them they resolve upon the Question : That an Army shall bee forthwith raised for the defence of the Kings Person and both houses of Parliament ; and those who have obeyed their Orders and Commands ; in perserving the true Religion , the Lawes , Liberties , and the Peace of the Kingdome ; and that they would live and dye with the Earle of Essex , whom they nominate Generall in that Cause . And 12. July 1642. Declare ; That , they will protect all that shall be imployed in their assistance and Militia . And 16. July 1642. Petition the King to forbeare any preparations or actions of Warre ; and to dismisse His extraordinary guards , to come neerer to them , and harken to their advice ; but before that Petition could bee answered , wherein the King offered , when the Towne of Hull should bee delivered to Him hee would no longer have an Army before it , and should bee assured that the same pretence which tooke Hull from him , may not put a Garrison into Newcastle ( into which after the Parliaments surprise of Hull , Hee was inforced to place a Governour and a small Garrison ) Hee would also remove that Garrison , and so ( as his Magazine and Navy might bee delivered unto him ; all Armies and Levies made by the Parliament laid downe , the pretended Ordinance for the Militia disavowed , and the Parliament adjourned to a secure place ) hee would lay downe Armes and repaire to them , and desired all differences might bee freely debated in a Parliamentary way , whereby the Law might recover its due reverence , the Subject his just Libertie Parliaments their full vigour and estimation , and the whole Kingdome a blessed Peace and Prosperity , and requiring their answer by the 27. of that July promised , till then , not to make any attempt of force upon Hull ; had Armed their Generall with power against Him , given him a Commission to kill and slay all that should oppose him in the execution of it , and chosen their Generall of the Horse . 8. August 1642. Upon information ; That some of the Towne of Portsmouth had revolted to Collonell Goring ( being but sent thither with a message from the King ) and Declared for His Majestie . Order forces to bee sent thither spedily to beleaguer it by Land , and the Earle of Warwick to send thither 5. Ships of the Navy to prevent any Forraigne forces comming to their assistance , and upon Intelligence that the Earle of Northampton appeared with great strength at Banbury to hinder the Lord Brookes carrying the peeces of Ordinance to Warwick ; Ordered 5000 Horse and Foote to bee sent to assist Him . 9. August 1642. Upon information That the Marquis of Hartford and divers others were in Somerset-shire demanding obedience to the Kings Commission of Array , and to have the Magazine of the Countie to bee delivered unto them . Gave power to the Earle of Essex their Lord Generall , the Lord Brooke and others to apprehend the Marquis of Hartford , and Earle of Northampton , and their complices , and to kill and slay all that should oppose them . And the day following gave the Earle of Stamford a Commission to raise forces for the Suppressing of any should attempt for the King , in Leicester-shire or the adjacent Counties . And on the eleventh of August 1642. Upon the Kings Proclamation 2. dayes before Declaring the Earle of Essex and all that should adhere unto him in the levying of Forces and not come in and yeild to His Majestie within 6. dayes to be Traytors : vote the said Proclamation to bee against the Fundamentall Lawes of the Kingdome ; Declare their resolutions to maintaine and assist the Earle of Essex ; and resolve to spend no more time in Declarations and Petitions , but to endeavour by raising of Forces to suppresse the Kings Party ( Though all that the Kings Loyall Subjects did at that time for Him , was but to execute the Commission of Array in the old legall way of the Militia ) and within a day or two after Ordered the Earle of Essex their Lord Generall to set forth with his Army of Horse upon the Monday following , but not so much as an answer would bee afforded to the Kings message sent from Hull , where , whilst Hee with patience and hope forbore any action , or attempt of force , according to His promise : Sir John Hotham sallied out in the night , and murdered many of His fellow Subjects . 12. August 1642. The King , though hee might well understand the greate leavies of Men and Armes ready to march against Him , by a declaration published to all His Subjects assures them ; as in the presence of God ; That all the Acts passed by him in this Parliament should bee as equally observed , as those which most of all concerned his owne interest and rights , and that his quarrell was not against the Parliament ; but particular men , and therefore desired , That the Lord Kimbolton , Mr. Hollis , Sir Henry Ludlow , Sir Arthur Haslerig , Mr. Strode , Mr. Martin , Mr. Hampden , Alderman Pennington , and Capt. Venne , might bee delivered into the hands of Justice to bee tried by their Peeres , according to the knowne Lawes of the Land , and against the Earles of Essex , Warwick , Stamford , Lord Brooke , Sir John Hotham , Major Generall Skippon , and those who should exercise the Militia by vertue of the Ordinance , hee would cause Indictments to bee drawne of high Treason upon the Statute of 25. Edw. 3. and if they submit to triall , and plead the Ordinance , would rest satisfied if they should bee acquited . But when this produced as little effect as all other endeavours Hee had used for peace . Hee that saw the Hydra in the mud and slyme of Sedition , in its Embrio , birth and growth and finds him now erected ready to devoure him ; must now ( though very unwilling to cast off His beloved robe of Peace , forsake an abused patience , and beleeve no more in the hopes of other remedies had so often deceived Him : but if Hee will give any account to the Watch-man of Israel of the People committed to his Charge ; or to the People of his protection of them , or any manner of satisfaction to his own Judgement and discretion ) betake Himselfe to the Sword which God had intrusted Him with ▪ and therfore makes the best use he could of those few friends were about Him , and with the money which the Queen had not long before borrowed , and the small supplies He had obtained of His Servants and Friends about Him ( who pawned and engaged their Plate , Jewels and Lands for Him ) with those Lords and Gentlemen that willingly offered to beare Him Company in His Troubles ; provides what Men and Armes Hee could in His way towards Nottingham , where Hee intended to set up His Standerd . But the Parliament about the 23. of August 1642. having received some information that Hee intended to set up His Standard at Nottingham , Declare : That now it appeares to all the World , that there is good ground of their feares and jealousies ( which if ever there had beene any , as there was no cause at all of any , more then that meaning to murder and ruine Him , they were often afraid Hee should take notice of it , and seeke to defend Himselfe ; there was by their own confession till this time no manifest or certaine ground appearing that Hee intended to defend Himselfe against the Parliament ) and therefore Order : That all that shall suffer in their Estates by any forces raised by the King , without consent of Parliament , shall have full reparation of their damages out of the Estates of the actours , and out of the Estates of all such Persons in any part of the Kingdome who should persist to serve the King in this Warre against the Parliament ; and That it should bee Lawfull for any number of persons to joyne and defend themselves ; and That the Earle of Essex , their Generall should grant out Commissions for Levying and conducting forces into the Northerne parts ; And Sir John Hotham the Governour of Hull assist them ; and Command also the Sheriffes of the Countie of Yorke , and the adjacent Counties , with the Power of the Counties , and Trayned-Bands to aide them , and to seize upon all that shall execute the Commission of Array for His Majestie ; who thus sufficiently beset by those that intended , what since they have brought to passe against Him ; 25 August 1642. ( being some dayes after the Earle of Bedsord had marched with great forces into the West ) that His Subjects might bee informed of His danger and repaire to His succour ; seteth up His Standard at Nottingham ; being a thing of a meere legall necessity , if Hee would have any at all to come to help Him , and not forfeit and surprise those that by tenure of their Lands or by reason of offices , fee's , or annuities enjoyed under Him , were more immediately bound to assist Him . And yet here Hee must weepe over Jerusalem ; and once again intreate the Parliament , and His Rebellious Subjects to prevent their owne miseries ; and therefore sends the Earles of Southampton and Dorset to the Parliament to desire a Treaty , offering to doe all on His owne part which might advance the Protestant Religion ; oppose Popery and Superstition , and secure the Lawes and Liberties of his Subjects , and just priviledges of Parliament : Which after severall scornes put upon those noble Messengers , as denying the Earle of Southampton to come and sit in the house of Peeres ( a right by birth and inheritance due unto him ) and causing the Serjeant at Armes of the house of Commons to goe before him with the Mace as they use to doe before Delinquents : They refuse to accept of unlesse the King would first take downe his Standard and recall his Declarations and Proclamations against them . To which the King the 5. Sept. 1642. ( notwithstanding the Earle of Bedford had with great forces in the meane time besieged the Marquis of Hartford in the Castle of Sherb●r● in Dorset-shire ) replying , That hee never did declare nor ●●er intended to declare both his houses of Parliament to bee traytors , or set up his Standard against them ; much lesse to put them and the Kingdome out of his protection . And utterly protesting against it before God and the World offered to recall his Declarations and Proclamations with all cheerefullnesse the same day that they should revoke their Declarations against those had assisted him ; and desiring a Treaty , and conjuring them to consider the bleeding condition of Ireland , and the danger of England , undertakes to bee ready to grant any thing shall bee really good for his Subjects ; which being brought by the Lord Falkland , one of his Majesties Secretaries of State , and a Member of the house of Commons , and not long before in a very great esteeme with them ( all the respect could bee afforded him being to stand at the Barre of the house of Commons , and deliver his Message unto them ) had only an answer in a printed Declaration of the Lords and Commons returned unto him , That it was Ordered and Declared by the Lords and Commons in Parliament ; That the armes which they have beene forced to take up , or shall bee forced to take up , for the preservation of the Parliament , Religion , and the Lawes and Liberties of the Kingdome ; shall not bee laid downe untill his Majestie shall withdraw his protection from such Persons as have beene voted by both houses of Parliament to bee Delinquents , or that shall by both houses of Parliament bee voted to bee Delinquents ( which after their mad way of voting might have beene himselfe , his Queene or his Heire apparent ) and leave them to the Justice of Parliament according to their d●merites , to the end that those great Charges and damages wherewithall the Common-wealth hath beene burdened since his Majestie departed from the Parliament , might bee borne by the Delinqua●ts and other Malignant and dis-affected Persons , and that those who by Loans of money or otherwise at their charges have assisted the Common-wealth , or shall in l●●e manner hereafter assist the Common-wealth in times of extreame danger ( and here they would also provide for future freinds and quarrells ) may bee re-paid all sums of money ●ent for those purposes and satisfied their charges susteyned out of the estates of the said Delinquents and of the Malignant and disaffected partie in this Kingdome . And to make good their words 8. of September 1642. Before their answer could come unto the Kings hands ; Ordered certaine numbers of horse and foote to bee sent to Garrison and secure Oxford , and the morrow after ( before the King could possibly reply unto it ) their Lord Generall the Earle of Essex , marched out of London against Him with an Army of 20000. men , horse and foot gallantly Armed and a great traine of Artillery to attend him ; notwithstanding all which , and those huge impossibilities every day more and more appeared of obtaining a Peace with those were so much afraid to bee loosers by it , as they never at all intended it . The King must needs send one message more unto them , to try if that might not give them some occasion to send Him gentler conditions ; and therefore 13. September 1642. ( Being the same day they had impeached the Lord Strange of high-treason for executing the Kings Commission of Array , and Ordered the propositions for furnishing of horse , plate , and money , to bee tendred from house to house , in the Cities of London and Westminster , and to bee sent into all the Shires and Counties of England to bee tendred for the same purpose ; and the names of the refusers to bee certified . ) Mr. May one of the Pages to the King comes to the Lords house in Parliament , with a message from Him bearing date but two dayes before ; That although Hee had used all wayes and meanes to prevent the present distractions and dangers of the Kingdome all His labours have beene fruitlesse , that not so much as a treaty earnestly defired by Him can bee obtained ( though Hee disclaimed all His Proclamations and Declarations , and the erecting of His Standard as against His Parliament ) unlesse Hee should denude Himselfe of all force to defend Him from a visible strength marching against Him ; That now Hee had nothing left in His power , but to expresse the deepe sence Hee had of the publique misery of the Kingdome , and to apply Himselfe to a necessary defence , wherein Hee wholy relied upon the providence of God and the affection of His good People , and was so far from putting them out of His protection , as when the Parliament should desire a treaty Hee would piously remember whose blood is to bee spilt in this quarrell and cheerefully embrace it . But this must also leave them as it found them , in their ungodly purposes , for the morrow after being the 14. day of September 1642. Mr. Hampden one of the 5. Members ( by this time a Collenell of the Army ) brings letters to the house of Commons from the Parliaments Lord Generall , that hee was at Northampton in a very good posture , and that great numbers of the Countreys thereabouts came in dayly unto him , and offered to march under him , and that so soone as all his forces that are about London shall come unto him , which hee desires may bee hastened , hee intended to advance towards His Majesty : and it was the same day voted ; That all things sealed by the Kings Seale since it was carried away by the Lord Keeper Littleton , should bee Null , and of no force in the Law ; and that a new Seale should bee provided . The King therefore seeing what Hee must trust to , 19. September 1642. Being at Wellington in Shrop-shire in the head of such small forces and friends as Hee could get together , ( for the Parliament that very day had received letters , That the King , but the weeke before , having a muster at Nottingham , there appeared but about 3000. foote , and 2000. horse , and 1500. dragoones ; and that a great part of His men were not provided with armes ) made His Protestation and Promise as in the presence of almighty God , and as Hee hoped for His blessing and protection to maintaine to the utmost of His power the true reformed Protestant Religion established in the Church of England , and that Hee desired to governe by the knowne Lawes of the Land , and that the Libertie and propertie of the Subject should be preserved with the same care as His owne just rights ; and to observe inviolably the Lawes consented to by Him in this Parliament , and promised as in the sight of almighty God , if Hee would please by His blessing upon that Army raised for His necessary defence , to preserve Him from that Rebellion , to maintaine the just priviledges and freedome of Parliament , and governe by the known Lawes of the Land . In the meane while , if this time of Warre , and the great necessity and straights Hee was driven to , should beget any violation of them , Hee hoped it would bee imputed by God and man to the Authours of the Warre , and not to Him who had so earnestly desired and laboured for the Peace of the Kingdome , and preservation thereof ; and that when Hee should faile in any of those particulars , Hee would expect no aide or reliefe from any man , nor protection from Heaven . And now that the stage of Warre seemes to bee made ready , and the parliament partie being the better furnished , had not seldome shewed themselves , and made severall traverses over it ( for indeede the King having so many necessities upon him , and so out of power and provision for it , might in that regard only if Hee had not beene so unwilling to have any hurt come to His People by his own defending of Himselfe , bee backward and unwillingly drawn unto it , wee may doe well to stand by and observe who cometh first to act upon it . 22. Of September 1642. The Earle of Essex writeth from Warwick that hee was upon his march after the King and before the 6. of October following had written to the Countie of Warwick with all speede to raise their Trained bands and Voluntiers to resist his Forces if they should come that way , and to the three Counties of Northampton , Lecester and Darby , to gather head and resist him if hee should retire into those parts ; and by all that can bee judged of a matter of fact , so truely and faithfully represented , must needes bee acknowledged to have great advantages of the King , by the City and Tower of London , Navy , Shipping , Armes , Ammunition , the Kings Magazine , all the strong Townes of the Kingdome , most of the Kingdomes plate and money , the Parliament credit and high esteeme , which at that time the People Idolized ; the fiery Zeale of a Seditious Clergie to preach the People into a Rebellion , and the People head-long lie runing into the witcheraft of it : When the King on the other side , had little more to help him , then the Lawes and Religion of the Land , which at that time every man began to mis-conster and pull in peeces , had neyther men , horse , armes , ammunition , ships , places of strength , nor money , not any of his partie or followers after the Parliament had as it were proclaimed a Warre against Him , could come single or in small numbers through any Towne or Village , but were either openly assaulted , or secretly betrayed , no man could adventure to serve or owne him , but must expose Himselfe , and his Estate to bee ruined either by the Parliament or People , or such as for malice or profit would informe against him . All the gaines and places of preferment , were on the Parliaments part , and nothing but losses and mis-fortunes on the Kings : No man was afraid to goe openly to the Parliaments side , and no man durst openly so much as take acquaintance of his Soveraigne , but if hee had done a quarter of that which Ziba did to David when hee brought him the 200. loaves of bread , or old Barzillai , or Ittay the Gittite when hee went along with him when his sonne Absolom rebelled against him . They should never have escaped so well as they did , but have beene sure to bee undone and sequestred for it . So much of the aff●ctions of the People had the Parliament cosened , and stolne from them , so much profit and preferment had they to perswade it , and so much power to enforce those , that otherwise had not a minde to it , to fight against him ; Who thus every way encompassed about with dangers and like a Partridge hunted upon the Mountaines ; marcheth from Shrewsbury towards Banbury , perswading and picking up what help and assistance His better for of Subjects durst adventure to afford Him : in the way to which . On Sunday the 23. of October 1642. ( for they thought it better to rob God of his Sabboth , then loose an opportunity of murdering their Soveraign ) T●e Earle of Essex and Parliament Army powring in from all quarte●s of the kingdom upon him , had comp●ss●d Him in on all sides ; and before the King could put His men in battell Aray ( many of whom being young country fellows had no better armes then clubs and staves in their hands cut out of the hedges ) and put His two young Sonnes the Prince of Wales and the Duke of Yorke in the guard of a troope of horse at the further end of the field , and had finished a short prayer ; a bullet of the Earle of Essex's Cannon graz●d at His heeles , as hee was kneeling at His prayers on the side of a b●●ke ( for Blague a villaine in the Kings Army having a great Pension allowed Him for it , had given notice in what part of the field the King stood that they might the better know how to shoot at him . ) But God having a greater care of his Annointed then of their Rebellious pretences ; so ordered the hands of those that fought for the King , as the Earle of Essex was so loaden with Victories , as hee left five of His men for one of the Kings dead behinde him ; lost his baggage and Artillery , retired back to Warwick , and left the King to blesse God in the field ; where Hee supped with such Victualls as the more Loyall and better naturd neighbours sent him , when the worser sort refused to do it , and lying there all night sent warrants out the next day to the neighbour Parishes to bury the dead ; drew off His ordnance and marched to Banbury , and yet hee could not forget to pitty those were at such paynes and hazard the day before to murther him , but before hee went out of the field sent Sir William Le-neve Clarenci●ux King of Armes to Warwick , whither the Earle of Essex was fled , with a Proclamation of pardon to all that would lay downe armes , which though they scornefully received , and the Herald threatned to bee hanged if hee did not depart the sooner , cannot perswade him from sending a Declaration or Message to the Parliament to offer them all that could bee requested by Subj●cts , but all the use they made of it was to make the Citty of London beleeve they were in greater danger then ever , if they lent them not more moneyes and recruited the Earle of Essex his broken Army ; and to cosen and put the People on the more to seeke their owne misery , a day of thanks giving was publiquely kept for the great Victory obtained against the K●ng . And Stephen Marshall a Factious bloody minister though hee confessed hee was so carried on in the crowde of those that fled from the battell , as hee knew not where hee was , till hee came to a Mar●et Towne which was some miles from Edge-hill where the Battell was fought , preaches to the people ( too little beleeving the Word of God , and too much beleeving him : ) That to his knowledge there was not above 200. men lost on the Parliaments side ; that hee picked up bullets in his black Velvet cap , and that a very small supply would now serve to reduce the King , and bring him to his Parliament . And here yee may see Janus Temple wide open , though the doores of it were not lift off the hinges , or broken open at once , but pickt open by those either knew not the misery of the War , or knowing it will prove to be the more guilty promoters of it . That we may the better therfore find out ( though the matter of Fact already represented may bee evidence enough of it selfe ) who it was that let cut the fury and rage of Warre upon us , we shall consider ; CHAP. III. Whether a Prince or other Magistrate , labouring to suppresse , or punish a Rebellion of the People , bee tyed to those rules are necessary for the justifying of a Warre ; if it were made betweene equalls . VVArre was first brought in by necessitie where the determining of controversies betweene two strange Princes of Equ●l● power , could not bee had , b●cause they have no superiour : A Rebell therefore cannot properly bee called an enemy , for Hostis nomen notat equalitatem ; and when any such armes are borne against Rebells it is not to bee called a Warre ; but an Exercise of Jurisdiction upon traterous and dis-loyall Persons at què est ratio manifesta saith Albericus Gentilis , qui enim jure judex est & superior , non jure cogitur ad subeundas partes partis & aequalis , & non est bellum cum latronibus praedonibus aut piratis quanquam magn●● habeant excercitus , & provide nec ulla cum illis belli jura , saith Besoldus : The Romans who were so exact and curious in their publique denouncing of Warre , and sending Ambassadors before they made Warre against any other Nation ; did not doe it in cases of Rebellion and defection , and therefore Fidenatibus & Campanis non denunciant Romani , And Cicero that was of opinion , that nullum bellum justum haberi videtur nisi nunciatum , nisi indictum nisi repetitis rebus stood not upon those solemnities in the Cataline conspiracy ; for the rules of justifying a Warre against an enemy or equalls as demanding restitution , denunciation , and the like , are not requisite in that of punishing of Rebells ; Pompey justifies the Warre maintayned by the Senate against Caesar ( not then their Soveraigne ) with neque enim vocari praelia justa decet &c. Cicero did not think it convenient to send Ambassadors to Anthony , nor intreat him by faire words ; but that it was meet to enforce him by armes to raise his siege from Mutina , for hee said They had not to doe with Haniball an enemy to the Common-wealth , but with a Rebellious Citizen . The resisting of the Kings Authourity when the Sheriffe of a County goes with the posse Comitatus , to execute it , was never yet so much as called a Warre ; but Rebellion and Insurrection or Commotion were the best termes bestowed upon it [ such attempts are not called Warres , but Robberies of which the Law taketh no other care of but to punish them ] The haste that all our Kings and Princes in England have made in suppressing Rebellions ( as that of the Barons Warres by Henry the 3. and his sending his sonne the Prince to besiege Warren Earle of Surrey in his Castle of Rygate for affronting the Kings Justices , saying That hee would hold his Lands by the Sword : That which Ri. 2. made to suppresse Wat. Tiler , H. 6. Jack Cade , H. 8. Ket and the Norfolk Rebells , and Queene Eliz. to suppresse the Earles of Northnmberland and Westmerland ) may tell us that they understood it no otherwise then all the Kings and Magistrates of the World have ever practised it [ by the Lawes of England , if Englishmen that are Traytors goe into France and confederate with Aliens or Frenchmen , and come afterwards and make a Warre in England and bee taken prisoners , the strangers may bee ransomed , but not the English for they were the Kings Subjects and are to be reckoned as Traytors , not strangers : ] And the Parliaments owne advise to the King to suppresse the Irish Rebells that ploughed but with their owne Heyfer , and pretended as they did to defend their Religion , Lawes and Liberties ; and the opinion also of Mr. President Bradshaw ( as Sir John Owen called him in his late sentence given against the Earles of Cambridge , Holland and Norwich , Lord Capell and Sir John Owen , whom hee mistakenly ( God and the Law knowes ) would make to bee the Subjects of their worser fellow Subjects may be enough to turne the question out of doores : But lest all this should not bee thought sufficient to satisfie those can like nothing but what there is Scripture for , wee shall a little turne over the leaves of that sacred Volume , and see what is to bee found concerning this matter . Moses who was the meekest Magistrate in the World , and better acquainted with him that made the fifth Commandement then these that now pretend Revelations against it ; thought fit to suppresse the Rebellion of Corah , Dathan and Abiram as soone as hee could ; and for no greater offence then a desire to bee coordinate with him , procured them to be buried alive with all that appertained unto them . When Absolom had Rebelled against his father David ; and it was told him ; That the hearts of the men of Israel were after him , David a man after Gods owne heart , without any Message of Peace or Declaration sent unto his deare sonne Absolom ; or offering halfe or any parte of his Kingdome to him , sent three severall armies to pursue and give him battaile . When Sheba the sonne of Bichri blew a Trumpet and said , Wee have no part in David every man to his Tent ô Israel ; and thereupon every man of Israell followed after him and forsooke their King , David ( who knew that Moses would not make a Warre upon the Amorites though he had Gods commandement for it without offers of Peace , & messengers sent first unto them ) said to Amasa , assemble me the men of Judah within three dayes and when hee tarried longer said unto him ; Take thou thy Lords Servants and pursue after him lest hee get him fenced Citties and escape us . For they that would take heede of Cocatrices have ever used to kill them in the shell . And diligenticuiquè Imperatori ac magistratui danda est opera ( saith Bodin ) ut non tam seditiones tollere quam praeoccupare student . For sedition ( saith hee ) once kindled like a sparke of fire , blown by popular fury may sooner fire a whole City then bee extinguished . Et tales igitur pestes opprimere derepenté necesse est Princes and Soveraignes who are bound to protect , and desend their Subjects , are not to stand still , and suffer one to oppresse another , and themselves to bee undone by it afterwards , But put the case the Parliament could have beene called a Parliament when they had driven away the King , which is the head and life of it , or could have beene said to have beene two houses of Parliament , when there was not at that time above a third part of the house of Peeres , nor the halfe of the house of Commons remaining in them , and what those few did in their absence was either forced by a Faction of their own , or a partie of Seditious Londoners ( for indeed the Warre rightly considered was not betwixt the Parliament and the King ; but a Warre made by a Factious and Seditious part of the Parliament , against the King ) and the major part of the Parliament ) and had beene ( as it never was nor could bee by the Lawes and constitution of the Kingdome ) coordinate and equall with the King , and joint tenants of the Kingdome ; it would have ●●●ne necessary to make the Warre as just as they could , and to hace done all that had beene in order to it : and therefore wee hope they which pretend so much to the Justice of the Kingdome will not bee offended to have the Justice of their Warre somthing examined . CHAP. IIII. Suppose the Warre to bee made with a neighbour Prince , or betweene equalls ; whether the King or Parliament were in the defensive or justifiable part of it . PLaerique saith learned Grotius , tres statuunt bellorum just as causas , defensionem , recuperationem , & punitionem . For any defence the Parliament might pretend a necessitie of . The King neither assaulted them , nor used any violence to them when they first of all granted out their Propositions and Commissions of Warre , unlesse they can turne their jealousies into a Creede and make the Kings demanding the five Members and Kimbolton ( being done by warrant of the Lawe of the Land , and the Records and precedents of their owne houses ) appeare to bee an assaulting of them . Or if any reasonable man knew but how to make that to bee an assault , or a necessary cause of Warre for them to revenge it ; the Kings waving and relinquishing of his charge afterwards against them , might have certainly beene enough to have taken away the cause of it ( if there had beene any ) howsoever , a Warre made only to revenge a bare demand or request of a thing was neither so much as forced or a second time demanded of them , but was totally laid aside and retracted ; can never bee accounted just . As for the recovery of things lost , or taken away , The Parliament it selfe , had nothing taken from them , for both they and the People were so farre from being loosers at that time by the King , as the Remonstrance of the house of Commons made to the People 15. December 1641. of the Kings errours ( as they please to call them ) in the government ( but indeed the errours rather of his Ministers and themselves also , in busying him with brawles and quarrells and denying to give him fitting supplies , mentions how much , and how many beneficiall Lawes the King had granted them . And so the Parliament and People being no loosers , and the King never denying them any thing could in honour or conscience bee granted them ; That part of the Justyfying of a Warre will no way also belong to them . But if the punishment for offences and injuries past ( if they could bee bee so properly called ) being a third cause of justifying a Warre , could bee but imagined to bee a cause to justifie the Parliaments Warre against the King ; Yet they were to remember another Rule or Law of Warre Ne nimis veteres causae accersentur That they doe not pick quarrells by raking up past grievances , and that it bee not propter leviusculas injurias ; or for trifles . For when the King ( who if he had been no more then coordinate with them ) had called them to councell to advise him , followed their advice in every thing hee could finde any reason for , taken away all grievances , made a large provision to prevent them for the future , by granting the Tryenniall Parliament , and so large an amends for every thing they could but tell how to complaine of ; there was so little left to the People and the Parliament to quarrell for , as they were much behind in thankfullnesse for what they had got of him already . Or if any other causes or provocations should bee imagined as misusing the Parliaments Messengers , or the like : wee know the King ( unlesse it were by his patience and often Messages for Peace ) was guilty of no provocations ; but on the contrary , though hee had all manner of scornes and reproaches cast upon him , and his Messengers evill intreated by them , could never bee brought to returne or retaliate it to any of theirs . But nothing as yet serving to excuse them . It will not be amisse to examine the Causes as they are set downe by themselves , to justifie their warre , and so wee may well suppose there are no other . A Warre against the King for safety of his owne Person was needlesse ( and then it comes within that rule of warre and lawe of Nations , Ne leves sint causa belli , not to make a warre unnecessary ; for the King would looke to that himselfe ; and , as they were his Subjects , they , as well as every honest Subject , were bound to defend and assist him , but not whether hee would or no ; and in such a way of defence , as would tend to his ruins rather then his safety . For surely should any stranger of another Kingdome or Nation have casually passed by Edge-hill when the Kings and the Parliaments Armies were in fight , and have beene told that the King shot at them for the safety of his owne Person , and that they also shot against him for the safety of his owne Person ; and being asked which of the two parties hee beleived did really or most of all intend the safety of it ? wee cannot tell how to think any man such a stranger to nature , reason or understanding ; as to think the King should not fight as the Dictates of nature perswaded him to : or that the King could tell how to fight against those that fought for him : or that if hee should bee so hugely mistaken in that one yeare or Battell , hee should bee in severall other yeares and Battells after . To sight for the defence of the Religion established ( as they made also the People believe ) that was as needlesse ; when the King offered to doe every thing might help to promote it : and they are so little also to bee credited in that pretence , as wee know they did all they could from the beginning to ruine it ; tooke away Episcopacie the hedge and bounds of it , brought in Presbitery to preach up and aid their Rebellion , and when their owne turnes were served encouraged Conventicles and Tub-preachers to pull down the Presbitery : And being demanded at the treaty at Vxbridge by the Kings Commissioners what Religion they would have the King to establish , were so unprovided of an answer , as they could not resolve what to nominate , nor in any of their propositions afterwards sent to the King , though often urged and complained of by the Scottish Commissioners could ever find the way to doe it , but have now set up an Independent extemporary enthusiastick kinde of worshiping God ( if there were any such thing in it ) or rather a religious Chaos or gallimaufrey of all manner of heresies , errours , blasphemies and opinions put together , not any of the owners of which , wee can bee confident will subscribe to that opinion that warres may bee made for Religion , or that Conscience ought to bee forced by it . As for the restrictive part of the Lawes to keepe the People in subjection , wee can very well perswade our selves , no such Warre was ever made yet in the World , nor any People ever found that would engage in a Warre for that they obeyed , but against their wills : And for that part of the Law that gives them the Kings protection , priviledges , immunities and certainties of deciding controversies ( which are more fitly to bee called the Liberties of the People , then to have 45. of the house of Commons or a Faction to make daily , and hourely Lawes , and Religion , and Government , and vote their estates in and out to pay an Army , to force their obedience to it ) if wee had not outlived the Parliaments disguises , and pretences , saw them now tearing them up by the roots , that there may bee no hope of their growing up again , and seting up their owne as well as the ignorant , and illiterate fancies of Mechaniques , and Souldiers in steede of them ; wee might have said that also had beene needlesse , when the King had done aboundantly enough already ; and offered to grant any thing more could in reason bee demanded of him . And as touching their priviledges of Parliament , They that understand but any thing of the Lawes of England , or have but looked into the Records , and Journalls of Parliament , can tell that all priviledges of Parliament ( as King James said ) were at first bestowed upon them by the Kings and Princes of this Kingdome : That priviledges of Parliament extended not to Treason , or Felony , or breach of the Peace . That 32. Hen. 6. Sir Thomas Thorpe Speaker of the house of Commons being arested in execution in the time of the prorogation of the Parliament the Commons demanded hee might bee set at liberty according to their priviledges : whereupon the Judges being asked their Councell therein ; made answer that generall supersedeas of Parliament there were none ; but speciall supersedeas there was ; in which case of speciall supersedeas , every member of the house of Commons ought to enjoy the same ; unlesse in cases of Treason , Fellony , or breach of the Peace , or for a Condemnation before the Parliament : After which answer it was determined ; that the said Sir Thomas Thorpe should ly in excution , and the Commons were required on the behalfe of the King to choose a new Speaker , which they did , and presented to the King accordingly . That Queene Elizabeth was assured by her Judges , that shee might commit any of her Parliament during the Parliament , for any offence committed against her Crowne and dignitie , and they shewed her precedents for it ; and that primo & tertio Caroli Regis , upon search of precedents in the severall great cases of the Earles of Arundell and Bristoll , very much insisted and stood upon , the house of Peeres in Parliament allowed of the exception of Treason , Fellony , and breach of the Peace . For indeede it is as impossible to think there can bee any priviledge to commit Treason , as to think that a King should priviledge all his Nobility , and every one of his Subjects , that could get to be elected into the house of Commons in Parliament , to commit Treason , and to take away his life in the time of Parliament , whensoever their revenge , or malice , or interest should find the oportunity to doe it ; or that if it could bee so , any King or Prince would ever call or summon a Parliament to expose himselfe to such a latitude of danger , or give them leave to sit as long as they would to breed it : or that priviledges of Treason can bee consistent with the name or being of a Parliament to consult and advise with the King for the defence of him , and his Kingdome : or that when Felony and breach of Peace are excepted out of their priviledge , Treason that is of a farre higher nature , consequence , and punishment , should be allowed them : or if there could have beene any such priviledge , and a meaner man then their Soveraigne had broke it , a small understanding may informe them , they could not without breach of the Peace , have fought for it against a fellow Subject , and then also could not their priviledges have reached to it , but the King might have punished them for it : and if they cannot upon a breach of priviledge ( as it was adjudged in Halls case ) without the Kings writ , and the cause first certified in Chancery , deliver one of their owne servants arrested : It is not likely any warrant can bee found in Law to inforce the King to reparation , though hee himselfe should have broken it ; but to petition the King for an allowance of that , or any other priviledge , as well in the middle , or any other time of their sitting in Parliament , as they alwaies doe at the presenting of their Speaker in the beginning of it . Wherefore , certainly the People never gave the Parliament Commission ( if they could have given a Commission to make a Warre against their Soveraigne ) to claime that was never due to them , or to fight for that was never yet fought for by any of their forefathers , nor ever understood to bee taken from them , much lesse for their ayrie innovated pretences rather than priviledges which have since eaten up all the Peoples Lawes and Liberties as well as a good parte of their lives and estates with it , and are now become to bee every thing their representatives will and arbitrary power have a mind to make it ; who have so driven away their old legall priviledges by setting up illegall and fantastique kinde of Priviledges ( as they are pleased to call them ) instead of them , as there is nothing now left of the Parliament like a Parliament , neither matter , nor forme , nor any thing at all remaining of it : For the upper , and lower houses have driven away and fought against the King , who was their Head : the lower after that , have driven away the upper , and fourtie-five of the house of Commons ( whereof eleven are great officers and commanders in the Army ) have after that imprisoned & driven away foure hundred of their fellow members : And from a degenerate and distemperate peece of a Parliament , brought themselves to bee but a representative , or journey-men-voters to a Councell of Warre of their owne mercenacy and mechanique Army ; and may sit another eight yeares before ever they shall bee able to finde a reason to satisfie any man is not a foole or a mad-man , or a fellow Sharer in the spoiles of an abused and deluded Nation : Why the Kings demanding of the five Members and Kimbolton by undeniable warrant of the Lawes of the Land and the Records , and precedents of their owne houses upon a charge , or accusation of Treason , for endeavouring amongst other pieces of Treason , to alter the Government , and subvert the fundamentall Lawes of the Kingdome , which the Parliament , and they themselves that were accused have more then once declared to bee Treason , should bee taken to bee so great a breach of priviledge in the King their Soveraigne ; when the forcing , and over-awing the houses of Parliament by the Army , their servants and hirelings , demanding the eleven members , and imprisoning and bannishing some of them , upon imaginary and fantasticall offences committed against themselves , or they could not tell whom ; shall bee reckoned to be no breach at all of priviledge , and the forcing of the houses by the same army within a yeare afterwards by setting guards upon them , violently pulling two of the members of the house of Commons out of the house , and imprisoning them , and 39. more of their fellow members all night in an Alehouse , and leading them afterwards to severall prisons , with guards set upon them , as if they had beene common malefactors , can bee called mercies , and deliverances , and a purging and taking away rotten members out of the house of Commons . But now that wee can finde nothing to make a defensive or Lawfull , nor so much as a necessary warre on the Parliaments part ; for ( causa belli , saith Besoldus , correspondere debet damno et periculo ) the Parliament feares and jealousies were not of weight enough to put the People into a misery far beyound the utmost of what their feares and jealousies suggested to them did amount unto , wee shall doe well to examine by the rules and lawes of warre and Nations , the wayes and meanes they used in it . Injustum censetur belium si non ejus penes quem est Majestas authoritate moveatur ; a Warre cannot bee just if it bee not made by a Lawfull authoritie : Armorum delatio et prohibitio ad Principem spect at ; It belongs to the Prince to raise or forbid armes , and the Records of the Parliament ( which wee take to bee a better sence of the house then their owne purposes ) can informe them , that the Prelates , Earles , Barons , and Commonaltie of the Realme did in the seveneth yeare of the raigne of King Edw , the first , declare to the K●ng , That it belongeth , and his part is , through his Royall Signorie streightly to defend force of Armour , and all other force against his Peace when it shall please him , and to punish them which shall doe the contrary , according to the Lawes and usages of the Realme , and that thereunto they were bound to aid their Soveraigne Lord the King , at all seasons when neede shall bee . How much adoe then will they have to make a warre against their Soveraigne to be Lawfull ? or ( if by any warrant of Lawes Divine or Humane they could but tell how to absolve themselves from their oathes of Supremacy , Allegiance , and their very many protestations and acknowledements of Subjection to the King ) finde a Supreame authority to bee in the People , at the same time they swore an allegiance , and obedience to the King , and at the same time they not only stiled themselves , but all those they represented to bee his Subjects . Or , how will they bee able to produce a warrant from the People , their now pretended Soveraignes ( ●●ll they shall bee able sufficiently to enslave them ) to authorize them to make a Warre to un●●e them , when they elected them but to consent to such things as should bee treated of by the King , and his Lords for the defence of the King and his Kingdome ? Or how could a tenth parte of the People give warrant to them to fight against the King , and the other nine parts of the People ? Or can that bee a good warrant when some of them were cheated , and the other by plunderings and sequestrations forced to yeild to it ? Or could the pretence of a warre for defence of the Kings Person , and to maintaine the Religion , Lawes , and Liberties of the People bee a warrant to the Parliament ( which never sought any thing for the King and People , but to take away the Soveraignty from the one , and the Liberties of the other ) to doe every thing was contrary unto it ? But if that could have legitimated their actions ? as it never did or will bee able . There is a two fold rule of Justice in the practise of Warre and Nations , si bellum geratur sine denunciation● in captivos tanquam latrones animadverti possit ; It is a thievery , rather than a Warre not to denounce or give notice of it beforehand : and in that also the Parliament was faulty , for they took Hu●● and Portsmouth and the Kings Navy and Magazine from him when hee hoped better things of them , and sent out their Armies and the Earle of Essex against him whilest hee was in treaty with them , and offered all that hee could for to have a peace with them . Bellum item impium injustumque sit si modus debitus non observetur ; A Warre is unjust if their bee not a due way of proceedings held in it , which especially consisteth in not hurting the innocent , Church-men , Husbandmen , weake or impotent People , as old men , women , and Children , and in this also they will fall short of an excuse . For how full is every Towne and Village of the truth as well as the complaints of the unchristian usage of old and sick people , Women and Children , beaten , wounded , or killed upon no provocation ; Women and Maids ravished , and their fingers cut off for their rings , old Best of Canturbury hanged up by the privi●ies , others tortured , and had burning matches tied to their fingers to make them confesse where their money was , Women and Children and sick and aged Persons starved for want of the sustenance they had taken from them , Husbandmen had their corne and hay spoiled in the field , and the barne ; their sheep , cattel and provisions devoured , houses ruined or burnt , and their horses thay should help to plough and doe other workes of Husbandry taken away , in so much as some were inforced to blinde and put out their horses eyes that they might not bee taken from them ; Churches that escaped defacing , prophaned and made Stables , or Goales , or Victualing , or Bawdy houses , Monuments defaced , and Sepulchers opened , as were those of the Saxon Kings at Winchester , and the Priests and Ministers not so much as sustered to weepe betwixt the Porch and the Altar , but their benefices and livelyhood taken from them by Wolues put in the Shephards places ; had their bookes burned and all their meanes and maintenance plundred from them ; and those that were newtralls , and medled on neither side but lived as quietly as they could , either totally undone , or cast in prison , not for that they did them any hurt , but because they might doe it , and if they were not imprisoned their Lands money or goods were sure to bee in the fault and taken away from them . Vt bellum illaesa conscientia geratur necesse est ut ads●t intentio bona ; there ought to bee a good intention to make the Warre conscionable ; which in this appeares to faile also : For the Charge against the five Members is now as true as it was then , they meant to ruine the King and they have don it , and to alter the Government , & subvert the Religion , Lawes and Liberties of the Kingdom ; and they have don a great part of it , and as fast as they can are pulling down the remainder . Quaerere debemus victoriam rationibus honestis , ne salutem quidem turpibus ; Wee ought to pursue victory and the just ends of Warre by honest and Lawfull meanes , and not to doe foule and dishonest things to procure our safety ; from the latter of which , the made feares and jealousies which the Parliament made use of to usher in their pretences , their fayning of victories and scandaling the King and his actions , not to insist upon their buying the Kings servants and secrets , Battells , Townes , and Garrisons , and making too many Judases of all that were about him , will hardly bee able to free them ; or if they could , the making use of men and money intended for the support of Ireland , and leaving them wallowing in their blood for seven years together , whilest they were ruining their King that would have helped them , violating of their oathes of allegiance and Supremacy which many of their members had taken six or seaven times over , breaking their oathes taken in their protestation and Nationall Covenant , and not so few as 100 solemne promises , and undertakings in their severall Petitions , Remonstrances , and Declarations ; forcing the People to take the Protestation and Covenant , and compell them as soone as they had taken it , to breake them , and by cosening and forcing them into Rebellions and perjuries , cheate them out of their Religion , Loyaltie , Lawes and Liberties ; will without very good advocates bee sure enough to condemne them : and if the great Turke carrying the Covenant which Ladislaus the unfortunate King of Hungary was perswaded to breake with him as an ensigne of publique detestation in the bettell wherein hee slew him , invoked the God of the Christians to help him to revenge so grrat a treachery , there will bee more reason now for all that are but Christians , or but pretende to any morality , to carry in their banner , the pourtract of the Kings bleeding head , as it was cut from his shoulders , and make Warre in revenge of the maisterpiecee , and totum aggregatum , of all manner of wickednesle and perfidiousnesse , who besides all their owne and the Peoples oaths taken to defend him , when those they called Delinquents ( some few onely which were specially named and excepted ) for obeying the knowne Lawes of the Land as well as their oaths and Consciences , were never questioned for their lives ; but suffered to compound for their estates ; would not suffer the King , that was neither a Delinquent or Excepted Person , to enjoy either his Life or Estate , though to save his people and keepe them from killing one another hee yeilded himselfe and became a Prisoner upon the publique faith of the Kingdomes of England and Scotland . Paxaequa non est recusanda Licet victoriae spes adsit ( saith Besoldus ) A good or fitting Peace is not to bee refused though the victory were certaine : And in this also the Parliament will bee as farre to seeke for a justification as in the other : For instead of offering any thing which was likely to bring it , they caused men and women in the first yeare of their Warre to bee killed because they did but petition them to accept of a Peace ; and in the third and fourth yeare of their War plundred & robbed others that petitioned them but to hearken to it , and put out of office , and made all as Delinquents in the seventh yeare of their War that did but petition them for a Treaty with the King ; and refused all the Kings many , very many Messages for Peace , not only when hee was at the highest of his successe in the war , but when hee was at the lowest , and a Prisoner to them , and conjured them as they would answer at the dreadfull day of Judgement to pitty the bleeding conditions of his Kingdomes and People , and send propositions of Peace unto him , quarters and halfe yeares , and more then a whole yeare together after the battell of Naseby ( insomuch as their fellow Rebells the Scotch Commissioners did heavily complaine of it ) were at severall times trifled away and spent before any propositions could bee made ready , though those which they sent to Oxford , Vxbridge , Newcastle and Hampton-Court , were but substantially and materially the same with their ninete●ne Propositions which they made unto the King before the Earle of Essex was made their Generall and in all the Treaties , made Propositions for themselves and the Soveraignty and great offices and places of the Kingdome , but would neither for Gods sake , or their Kings sake , or their Oathes or Consciences sake , or the Peoples sake , or Peace sake , which the People petitioned and hungred and thirsted for , alter or abate one Io●a or t●ttle of them , but were so unwilling to have any peace at all , as 6 or 7 Messengers or Trumpeters could com from the King , before they could be at leisure or so mannerly as to answer one of them , but this or that Message from the King was received and read , and laid by till a weeke or when they would after : and the Kings Commissioners in the Treaties must forget their due titles of Earles , Lords or Knights , because the King had made them so since the beginning of the Warre , or else must bee neither Treaty nor Peace there . At Vxbridge the time of the Treaty limited for 20. dayes ; and at Newcastle for 10. and though the King and his Commissioners at Vxbridge almost petitioned for a cessation in the interim of that Treaty , as they had done before in that which was at Oxford , it could not be granted , nor have a few daies added to it ; & if the King could in honor & Conscience have granted all the other parts of the propositions , must grant them an act , not only to confiscate the Estates of his Friends and those that took armes to save his Life and Estate , but to take away their Lives also , and not only that , but to condemne them of high Treason , and attaint their blood , when they fought against them were only guiltie of it , a thing so unfitting and unusually stood upon , as it was never asked in any treaty or pacification among the civilized or more barbarous heathen , and amounts to more then Adonibezeks causing the thumbs and great toes of his captive Kings to bee cut off , and making them to gather the crumbes from under his table , or Benhadads demande of Ahabs silver and gold , his wives and Children , and whatsoever else was pleasant in his eyes , which the elders and People of Israel perswaded Ahab not to consent unto , but was a thing purposely contrived and stood upon to hinder a Peace ; was not to bee asked or granted by any that could but entitle themselves to the least part of reason or humanity ; a demand Bajazet would not leave his Iron cage to yeild unto ; a thing nature it selfe would abhorre , and the worst of Villaines and reprobates rather loose their lives then yeild to ; would never bee demanded by any but a Devill , nor granted by any but his Equalls . And if their desiring of a war more then a peace , and to keepe the King out of his owne had not beene the only cause of such unnaturall and barbarous propositions it may well bee wondred , why they that have made to themselves ( for wee cannot beleive they have found any law or warrant to ground it upon ) a power to take away the Kings life upon a colour or pretence of an unread , as well as unheard of peece of Justice ; should need to strive so hard with the King , to give them a power to doe that they are now so busie to doe of themselves : and as if they had beene afraid , all this would not bee enough to keepe the doores of Janus , or the Devill open , for feare lest the King should trouble them with any more offers or Messages for peace : a vote must bee made in February 1647. that it should be treason in any man to bring or receive any more Messages from him without consent of Parliament . But suppose ( that which is not ) that the Parliament could have but found any thing but somewhat like a cause or justification of a war against their Soveraign ( for notwithstanding all their hypocriticall pretences , so it was at first intended , and so it hath proved to bee ever since ) to whom their Masters the People ( wee meane as to the house of Commons ) had sent them to consult with , not to make a Warre against him : they might have remembred that saying of Cicero ( if they had found nothing in the booke of God , and their owne Consciences to perswade them to it ) That duo sunt genera decertandi , unum per disceptationem , alterum per vim , & ad hoc confugiendum non est si uti superiori licebit : There are other waies to come by pretended rights , then by a Warre , and wee ought never to make use of a Warre ( which is the worst of all remedies ) if wee may obtaine it by a better . Hen. 2. King of England was made a Judge betwixt the Kings of Castile and Navarre . The Rebellious Barons of England in the raigne of King Hen. 3. referred their controversies to the decision of the king of France and his Parliament at Paris : And the blood of this kingdom which ran so plentifully in those unhappy differences was by that meanes only stopped . Charles the 4. Emperor was made a Judge of the differences betwixt the English and the French Kings : For as Albericus Gentilis saith well ; Intelligendum & eos qui diffugiunt genus hoc decertandi per desceptationem , & ad alterum quod est per vim currunt , illco eos a justitia ab humanitate , a probis exemplis refugere , et ruere , in arma volentes qui subire judicium nullius velint : They that rush into a Warre without assaying all other just meanes of deciding the controversie for which it is made , and will judge only according to their owne will , and opinion doe turne their backs , to Justice , Humanity , and all good Examples . And in that also the Parliament will bee found faulty : For the French King , and the Estates of the united Provinces did by more then one request , and embassy severally and earnestly mediate to make an accord betwixt the King and his Parliament and desired to have all things in defference left to their arbitrement ; but their Ambassadors returned home again with a report , how much they found the King inclined to it ; and how satisfactorily hee had offered ; and how much the Parliament was averse to their interposition , and altogether refused it . But wee have tarried long enough among the Parliament partie , from thence therefore ( for it is time to leave the companie of so much wickednesse ) wee shall remove to the Kings partie ( and yet that may cause a Sequestration ) and examine for a fuller satisfaction of that which by the rule of contraries , is cleere enough alreadie , if hee were not on the defensive and more justifiable part of the businesse . The King as hee was defensor et protector subditorum suorum , and sworne to see the Law executed ; had not the sword nor his authority Commited to him in vaine : And if hee had had no manner of just cause of feare either in his owne Person or authoritie , or no cause given him in relaesae Majestatis : the imprisoning of his Subjects , and plundring and taking away their estates from them , long before he had either armed himselfe , or had wherewithall to doe it ; had beene cause as sufficient as to cause a Hue and Cry to be made after a fellon ; or raise the posse Commitatus to bring him to Justice , and might by the same reason doe it in the case of more , and by the same reason hee might doe it by the help of one , nothing can hinder but by the same reason hee might doe it by the help of more . When Nathan came to David with a parable , and told him of the rich man that had taken the poore mans only Sheepe hee that understood well enough the dutie of a King was exceeding wroth against the man and said ; As sure as the Lord liveth this man shall surely dye . And can any man think that the King when hee saw so much Sedition and Treason among the People countenanced and cherished , Tumults grow up into outrages , outrages to parties and Warlike assemblies , proposi●ions made to bring in Horse and Money to maintaine an Army against Him , and many of his Subjects daily imprisoned , sequestred , undone or killed ; can bee blamed if hee had a great deale sooner gone about to defend both himselfe , and his People ? For who ( saith St. Jerom ) did ever rest quietly sleeping neer a viper ? et lex una & perpetua salutem omni ratione defendere & haec ratio doctis , necessitas Barbaris , mos gen●ibus , feris natura ipsa prescripsit , et haec non scripta sed nata lex saith Tully ( that great master of morality ) Reason , Necessity , Custome , and Nature it selfe have made selfe preservation to bee warrantable . Nemo exponere so debet periculis obviam offensiom eundum , non modo quae est in actu , sed quae est in potentia ad actum , & justus metus justum facit belium ; say the Civill Lawes , and where there was not unda cogitatio or a bare intention only to ruine the King , but so much over and over againe acted , as might well occasion more then a feare , and apprehension in him of what hath since beene brought to passe against him ; no man certainly without much blindnesse or partiality can think it to bee a fault in him to seeke to defend himselfe , when the Parliament did not only long before hee raised any forces to defend himselfe , but at the same time when hee was doing of it , make the people beleeve his Person was in so much danger , as they must needs take up armes to defend Him . And how much more warrantable then must it bee in the Kings case , when it was not only an endeavour to defend himselfe , but all those that have beene since slaine , and undone , and ruined for want of power enough to doe it ? Defence is by the civill Lawyers said to bee either necessary , profitable , or honest : Nec distingui vult Baldus sive se , sua , suosve defendar , sive prope , sive posita longé ; a man is said to defend himselfe when it is but his owne goods , estate , or People , whether neere or furtherof ; Necessaria defensio ejus est , et factum ad necessariam defensionem contra quem veniat armatus inimicus , et ejus contra quem inimicus se paravit ; It must needs bee a necessary defence against whom an armed Enemy is either marching or preparing . Vtilis defensio , quum nos movemus bellum verentes ne ipsi bello petamur , when wee make a Warre to prevent or bee before hand , when Warre or mischiefe is threatned or likely to come upon us ; For as Nicephorus the Historian saith , Hee that will live out of danger must occurrere malis impendentibus , et autevertere , ●ec est cunctandum aut expectandum &c. meete and take away growing evills , and turne them another way , and not to delay , and bee ●●ock in it . Honesta defensio quae citra metum●ullum periculi nostri , nulla utilitate quaesita , tantum in gratiam aliorum suscipitur : When for no feare of danger to our selves , and for no consideration of profit to our selves , but meerely in favour or help of others the Warre is undertaken . Wherefore certainly when the King may bee justly said to tar●y too long before hee made the second and third kindes of defences , either to prevent the danger and fury of a Warre against himselfe , or to help those that suffered and were undone in seeking to defend him , and was so over much in love with Peace , as hee utterly lost it ; and could never again recover it , and was so much mistaken in the love and religion of his Subjects and Parliament promises , and the impossibilities of such horrid proceedings against him , as all his three Kingdomes were in a flame of Warre , and strong Combinations made by two of them , and the Pulpits every where flaming ; Seditious exhortations against Him , his Navy , Magazines , Ports , Revenues , Mint , strongest Townes and places seised on , Armies marching against him , and hee only and a few friends , and followers pend up in a corner , had an enemy and a strong Towne at his back readie every day to surprize him , and severall Armies marching and in action before , and round about him , before hee granted out any Commission for Warre , or liad or could make any preparation for it ; and had so many to help and defend besides himself : It would be too much injury , and too great a violence to all manner of reason , and understanding , to deny him a Justification upon the first sort of defences , if the two latter will not reach it , for the first cannot by any interpretation goe without . For haec est necessitas ( saith Baldus ) quae bellum justificat quum in extremo loco ad bellum configitur . Or if with Grotius wee looke upon it another way , and make the Justice of Warre to consist , 1o , in defensione . 2o , in recuperatione rerum . 3o , in punitione . The King before ever hee went to demand Hull , or before ever he desired a guard of the County of Yorke ; had cause enough and enough to doe it ; and it would be hard if a great deale lesse then that should not bee able to deliver him from the censure or blame of an offensive or unnecessary Warre . When that which was made by David upon the Children of Ammon , and that of the late glorious King of Sweden against the Emperour of Germany ; the former for misusing , the latter for encroaching upon him , and not receiving his Ambassadors , found warrant and necessity enough to doe it . But what could the King doe more in his endeavours and waiting for a Peace , or lesse in his preparations or making of a War ? when the least or one of the hundred provocations or causes , wee dare say plainly here set downe in the matter of fact , hath hitherto among the wisest Princes , and Common-wealths in the World , beene reputed a just and warrantable cause of warre . Homicide by the Lawes of England shall bee excused with a se defendendo when the assaulted hath but simply defended himselfe , or retired in his owne defence so farre till by some Water or Wall hee bee hindred from going any further . Death and destruction marching towards the King , Hull fortified & kept behind him , and all manner of necessities compassing him in on every side , could then doe no lesse then rouse him up to make his owne defence ; and hee must bee as much without his sences , as care of his owne preservation , if hee should not then think it to bee high time to make reaedy to defend himselfe , and necessity enough to excuse him , for any thing should bee done in order to it . The Parliament and hee ( as this case stood ) could not bee both at one and the same time , in the defensive parte ; For , they had all the Money , Armes , Ammunition , and strength of the Kingdome in their hands , and multitudes of deluded People to assist them ; and so hunted and pursued him from place to place , as it was come to be a saying and a by word among the apprentices and new levied men at London they would goe a King-catching : & were not likely therfore to be guilty of so much patience as the king , who was so much in love with peace , & so thirsted after it , as that , and his often sending Messages , and Propositions for it , would not suffer him to make use of any victories or advantages God had given him . Twice did hee suffer the Earle of Essex to attempt to force him from Oxford , and Sir Thomas Fairfax once to beleager him when hee had power enough to have made London or the associate Counties the feat of the War , and it would bee something strange that hee , who when hee had raised forces against his Scottish Rebells , and found himselfe in the head of so gallant an Army , as hee had much adoe to keepe them from fighting , and his enemies so ridiculously weake , as hee might have subdued them , but with looking upon them but a fortnight ●onger ; could not bee perswaded to draw a Sword against them : would ●ow begin an offensive warre without any power or strength at all against those that had before hand ingrossed it : Or what policy or wisdome could it bee in him to begin a Warre without , Money , or Men , or Armes , to goe through with it ? Or to refuse the assistance of his Catholique Subjects , and Farraigne friends and forces ? or to spend so much time in Messages , and offers of Peace to give them time and abilitie to disarme him , and Arme themselves ? If hee had not utterly abhorred a Warre ; and as cordially affected peace , as hee offered faire enough for it : Or if wee could but tell how to say that the King did begin the Warre ? ( when what he did was but to preserve his Regality and the Militia and protection of his People ; which the Parliament in expres terms as well as by Petitioning for it , acknowledged to be his owne ; being but that which every private man , that had but money or friends would not neglect to do . ) Did hee any more in seeking to preserve his Regalitie then to defend and keepe himself from a breach of trust they fought to make him break ? Or did hee any more then seek to defend himself against those did all they could to force him to breake it ? Or could there bee a greater perjury , or breach of trust in the Kingly office then to put the Sword which God had given him , into the hands of madmen , or fooles ? or such as would kill and ●●ay and undo● their fellow Subjects with it ? or to deliver up the protection of his People into the hands of a few of their ambitious fellow Subjects ? did as much breake their owne trust to those they represented in asking of it ; as the King would have done , if hee had granted it ? Or why shall it not bee accounted an inculpata tutela in the King to preserve and defend that by a Warre , the Lawes of God and Man , his Coronation-Oath , Honour , and Conscience , and a dutie to himselfe and his Posterity , as well as to his People , would not permit him to stand still , and suffer to bee taken away from him . But if the King by any manner of construction could be blamed , or censured for denying to grant the Militia ? which was the first pretence of begining of the war by those that sought to take it from him ( for till the besieging of Hull the 16. of July 1642. after many other affronts , and attempts of as high a nature put upon him , the most malicious interpretation of the matter of Fact , cannot find him so much at all to have defended himselfe , as to have done any one act of Warre , or so much as like it ) who shall bee in the fault for all that was done after , when hee offered to condiscend to all that might bee profitable for his People in the matter of Religion , Lawes and Liberties ? Or was it not a just cause of War to defend himselfe and his People against those would notwithstanding all he could doe and offer , make a Warre against him because hee would not contrary to his , Oath Magna Charta , and so many other Lawes hee had sworn to observe ; betray , or deliver up his people into their hands to bee governed , or rather undone by a greater latitude of Arbitrary power , then the great Turk or Crim Tartar ever exercised upon their enslaved People ; and put the education and marriage of his owne Children out of his Power ; was never sought to bee taken out of the hand of any father , was not a foole or a madman ; nor yeilded to by any would have the Credit to bee accounted otherwise ; or because he would not denude himselfe of the power of conferring honours , or vilifie , or discredit his great and lesser Scales , and the Authority of them , from which many mens Estates , and Honours , and the whol current of the Justice of the Kingdom had their Originall ; and refused to perjure himselfe by abolishing Episcopacy , which Magna Charta , and some dozens of other Lawes bound him to preserve ? Or if that bee not enough to justyfie him in his owne defence ? had hee not cause enough to deny ; and they little enough to aske Libertie of Conscience , and practise to Anabaptists , Blasphemers of God , deniers of the Trinity , Scriptures and Deity of Christ ? when the Parliament themselves had taken a Covenant to root them out , and made as many of the People as they could force , to take it with them ? or had hee not cause enough to deny to set up the Presbyterian authoritie , would not only have taken away his owne authoritie , but have done the like also with the Lawes , and Liberties of the Nation , and the ruling part of that they now call the Parliament utterly abhorre ; or if all that could not make the War be made to bee defensive , and Lawfull ? had hee not cause enough to deny , and they none at all to ask that he should by act of Parliament consent to make all those to bee Traitors that tooke his part , their Blood and Posterities attainted , and their Estates forfeited ? when as some of the Parliaments owne Members were heard to say when those Propositions were sent unto him ; That if hee yeilded unto them , Hee was the unworthiest man living , and not fit to bee a King . For certainly , if the Lawes of God and man , and the understanding of all mankinde bee not changed ? there was never a juster , more defensive , unwilling , and necessitated Warre then that of the Kings part , since man came out of Paradice . And if such a Warre should not bee Lawfull ( after so many provocations and necessities for the defence of himselfe , and his People , and so many after generations , this Warre of the Parliament , and the curse of it , is like to ruine and leave in slavery ) under what censure and opinion may that of Abrahams with Chederlaomer the King of Elum , and Tidal King of the Nations bee , when hee fought with them to rescue his Brother Lot , and his goods , and was blessed by Melchisedec the Priest of the most high God , for doing of it . Or if the Warre which the Tribes of Israell made against the Tribe of Benjamin , and the men of Gibeah for committing lewdnesse and folly in Israel : that of David to rescue his Wives that were carried away captive by the Amalekites , or to fetch home the Arc of God from the Philistines that which Ahab made with Benhadad the king of Syria who was not half so Tyrannical in his Propositions as the Parliament , were aproved of in sacred Story ; or that which was made by Judas Machabeus and his Brethren , to rescue the decayed Estate of the people of the Jewes , or that which was used to be made by the heathen pro aris & focis wer never yet so much as suspected to be unlawfull : How shall this of the kings be condemned that had as much as Abraham , David , Ahab against Benhadad , Judas Machabeus , and the tribes of Israel , or those heathens that made it pro aris & socis ; put them altogether to warrant it ? Or by what reason or Law , is any man by the Lawes of England excused for killing a man in his owne defence , when hee is necessitated or hindred by a Wall or a Water , that hee can goe no further ? or for killing theeves that come to assault or Rob him in his house or Castle ? If the King shall bee hunted from his house through all the parts and corners of his Kingdome for his Life , and not only for his Life , but his Honour , and not only for his Life and Honour , but his Conscience ? and yet must never draw his Sword , or seeke to defend himselfe , or have any body else to doe it for him ? Or how have all the Kings , Princes and Magistrates of the world hitherto governed , and defended themselves , and their people ? or shall ever bee able to give an account of the people committed to their charge , if they may not bee at libertie to make a Legall use of the sword , power , and reason God hath given them ? Or how can those State riddles ( like those of Sphinx only made to destroy men withall ) that they fought for the King and Parliament , as is alledged in many of their Orders and Declarations ? and that the warre was a Rebellion raised against the King and Parliament , as is expressed in the Ordinance of Parliament for association of the Counties of Pembroke , Cardigan and Caermrthen ; bee ever understood by any rules of sence or reason ; if hee were on the offensive part of the warre and had begunne it against them ? But if any shall bee so in love with the sense of the house of Commons , as to bee out of their own senses , and think that though there bee no manner of evidence or proofe to bee had for love or money that the Parliament were constrained to defend themselves by a warre : yet the Kings admitting of the Preamble of the Parliaments Propositions presented to him at the Isle of Wight , that the Parliament was necessitated to take up Armes in their just and lawfull defence , makes him ( who must needs be best acquainted with his owne actions ) to bee so clearly guiltie of all the blood hath beene shed in these warres as it puts to silence all that can bee now alledged or said in his behalfe . They that made the preamble and placed it in limine and threshold of the Treatie on purpose to catch and insnare him ( for either hee must have denied it at the very beginning and entrance into the Treatie , and leave his Kingdomes and People to wallow in the blood and miserie their Parliament Idols had brought them to ; and have all the blame laid upon him for hindring a Peace , hee had so much longed and laboured for , or put himselfe , and all his Loyall Subjects that helped to defend him , under the burden of those Sinnes and Shames the Parliament themselves had all the right to ) can tell their undone , and deluded Proselites ; how much the King stuck at it , how unwilling hee was to breake off the Treatie , and was unwilling to wrong his owne Innocency ; and that when the Parliament Commissioners had not any thing either in Law , or Truth , or Reason , or Argument to perswade him to yeild unto it ; but laid it only as a case of necessitie before him ( though there was no such preamble at the Treaties of Oxford and Vxbridge , nor any such necessity at those times insisted upon ) that unlesse hee would take the guilt upon himselfe , his two Houses of Parliament and the People had engaged with them must necessarily bee guilty of Treason and could not have any security from the guilt and punishment . The King bemoaning himselfe and people that must bee thus shut out from any hopes of peace , intreated some expedient , or medium might bee found out to reconcile the difference : But Cains sinnes being greater then could bee forgiven him , unlesse Abell can bee brought to say hee killed Cain ; they that could afterward finde an expedient for 21. of their great Councell of estate that refused to subscribe to the Lawfullnesse of murdering the King , after it was done , could finde none at all for the King to purchase a peace for the People ( though many kinds of wayes and expedients , as allowing him to make the like preamble to his owne proposition or the like might have beene easily contrived and thought upon . For the truth was , the Independent partie desired no Peace at all , and the Preshyterian desired it only to get into their hands the Kings Power and Authoritie , and lay the guilt of all the blood they had shed for it upon him , and ●oth of them were so well content to have him allow of the preamble , as the latter , thought himselfe safe and out of controversie if the King tooke the blood upon him , and the former that it would prove no small advantage or colour to take away his Life for confessing himselfe guilty of it by allowing of the preamble ; in this unparalel'd demand , never before stood upon by Subject● to their Prince , or Conquerours to their Captives . Nero himselfe was so farre short of , as though hee had cuuning enough when hee set Rome on fire to lay the fault upon the Christians , had not Villany enough to torture and seek to draw them to a confession , that they did it . The King after Protestation that hee could not without a manifest injury to the Truth and a violation of his Honour and Conscience , take upon him a guilt , could no way bee charged upon him , or those that appeared in his defence , was yet for peace sake , and his peoples sake content to say ; It will bee a great self deny all to take this supposition of a guilt upon my selfe , and a Christian virtue to undergoe any affliction that may bee for the good of my People : and I am confident those that have adventured so much for me , will bee content to share with me for so good a purpose in the suffering for it . I shall therefore Conditionally consent to the Preamble ; so as there follow a conclusion upon the whole matter in Treaty and Propositions betwixt us ; otherwise it is but sub modo , and conditionall ; as it is alwaies to bee understood in this Treaty , that nothing agreed in part betwixt us , shall be binding unlesse their be a conclusion upon the whole . And here let the Truth bee judge if the King did not aboundantly endeavour to save his People , and if the Parliament had not neede of a justification , when they used all manner of force and shifts , to have the King take the fault upon him : they therefore that shall consider that the King was a close prisoner , robbed and bereaved of all hee had ( but his Honour and Conscience and a great measure of knowledge and understanding , and the hearts of his Loyall Subjects ) was debarred of all friends and comforts , penned up and used with all manner of hardship and and extremities , and every day like to bee murdered , that conditions adimpleri debent priusquam sequatur effectus ; are but inserted or added , in●casum incertum qui potest tendere ad esse , aut non esse ; & depend on subsequencies or following effects which not hapning or coming to be performed according to the intent of the conditions , makes them to vanish and expire , as if there no such matter at all had bene acknowledged or expressed in them : That Cooke , his accuser , who when hee comes to bee hanged for it , will never bee able to prove that the People who substituted , or gave him warrant for to accuse him . And Bradshaw who sate higher in the pageant of Justice , and the rest of his fellow murderers tooke the Kings conditionall consenting to the Preamble to bee so little for their purpose , as they never so much as mentioned it : must not only acquit him of any Confession or guilt to bee inferred from his conditionall yeilding to that Ambuscado Preamble , but dissolve into wonder and admiration ; that hee who in his Royall Meditations , and Conference with death upon the Parliaments votes of non addresse , and his closer imprisonment at Carisbrooke-Castle had clearnesse of Conscience enough to say ( for as for his judgment wee hope it cannot bee suspected , when Mr. Carill the Independent , and Mr. Vines a Presbyterian Minister could say hee was a second Salomon ; and the Parliaments Commissioners at the Isle of Wight report him to bee the master of the greatest wisdome and understanding ) That hee had the feast of a good Conscience , and the brazen wall of a judicious integrity and Conscience ! doubted not but his Innocency would find God to bee his protector ! rejoyced in the comfort of Imitating Christs example in suffering for Righteousnesse sake ! and thanked God hee could pray for them , that God would not impute his Blood to them , further then to convince them what neede they had of Christs Blood , to wash their Soules from the guilt of Sheding His ! And was afterwards in the face and view of Death and his murderers heard to say upon the Scaffold Hee never did begin a Warre with the two houses of Parliament , and called God to his witnesse ( to whom hee was shortly to make an account ) hee never intended to incroach upon their priviledges ; but they began upon him ; It was the Militia they began upon ; though they confest it was his , and that any that would looke into the date of their Commissions and his , might cleerely see that they began these unhappie troubles , and hoped God would cleer him of it ! Could bee so much more then a man , and so great a protectour of his People , as not only to bee content to bee robbed and despoiled of all that hee had for their sakes ; but to save the Lawes and estates of his People , when there was no other way to doe it ; deliver up himselfe ( so as a Peace and Agreement might have followed upon the Treaty ) to the unjust Censure of Robbing and Spoyling those that had robbed and undone him . But now that we have hunted this Parliament Protens through all this disguises of Parliament priviledges and pretences , and are lamentably assured a great and accursed thing is committed in our Israel , and the anger of the Lord is kindled against us , it may bee labour well bestowed ( though here is sure enough already said and prov'd that the King was in the defensive and justifiable part of the Warre ) to send into Achans tent , and search and see what is there to bee found concerning this matter , and here we find the Lord Say , the Lord Brooke , and their complices , had not long before the King had summoned them to that which is now called the Parliament , setled and conveyed their estates to prevent any dangers might happen upon their intended enterprises . Peard the pragmatique Parliament man was heard to say a little before this holie Warre began to break out ; That the Government of the Kingdome would within a year or two bee altered . A little before the second Scottish invasion Hinderson the Scotch firebrand confesses the Covenanters of both Kingdomes were unanimously agreed to bring the King to their lure before they laid downe Armes : the joynt declaration of both Kingdomes in January 1643. professes they will never lay down Armes till the pretended reformation bee accomplished ; many declarations and remonstrances of the Parliament ( if they may bee so called ) and the Army , mention the originall power and Soveraignty to bee in the people , the common Rights and Freedome of the Nation , and the opertunities God hath put into their hands . An Ordinance of Parliament 20. October . 1645. concerning rules and directions for Tryers and Judges of the abilitie of Elders , declares it was the wonderfull providence of God in calling them ( which hee never did by force of Armes , Hypocrisie , Treason , Rebellion , and usurping of regall authority ) to the great and difficult worke of reformation and purging the Church . The Lord Fairfax and his generall councell of Officers in their Remonstrance of the 16. November 1648. made to the Parliament ; call the putting downe of Monarchy and the Establishing of their unjust ends the publique interest originally contended for on the Parliaments part , and the declaration and votes of those that call themselves the Commons of England in Parliament assembled 15. January 1648. affirm the bringing of Delinquents to punishment ( which if they had beene Delinquents is certainly a part of the Kingly office ) the maine if not the only end of making this Warre . And in another place thereof acknowledges the rooting out of Episcopacy , and bringing Delinquents to punishment to bee the only motives that induced them to undertake this Warre . And though Achan will neyther confesse nor bee brought to punishment , till the wroth and never failing judgement of God shall bring them and their sons & their daughters and their successes & the asses that follow them to be consumed in the field of Achor : and the Fig-leaves which they have patched together to palliate & hide their nakednesse cannot keepe out the eyes and understanding of a ruined Nation bleeding under the burden of of their iniquity , but whether ever confessed or never , will bee as plaine as the most infallible demonstration ; they were never necessitated to make a Warre , but were so farre from the Justification of a defensive Warre , as that they were altogether in the offensive . For beside all that hath beene said to prove them guiltie of the blood and misery of this Nation , who can think , or bee beleeved ( if hee should bee so mad as to say it ) That they were forced to make a Warre for that was none of their owne ; or to take away tenures in Capite , which was a principall flower of his Crowne ; or for a Reformation of Religion was already the envie and ambition of the best of the Reformed Churches , or to commit sacriledge and abolish Episcopacy , which at the least was of Apostolicall institution ; or to preserve the Statute of 25. E. 3. concerning what was Treason ; when they themselves committed most of the Treasons were mentioned in it , and more then their fore-fathers and the makers of that Statute ever thought on . But that wee may doe all the right wee can to them have done so much wrong , and the better carry on our judgements to a certaine conclusion of that which God and all good and just men know to bee true enough , it will not wee hope bee impertinent in this our search and disquisition of the truth to proceede to the enquiry . CHAP. V. Whether the Parliament , in their pretended Magistracy , have not taken lesser oceasions to punish or provide against Insurrections , Treasons , and Rebellions , as they are pleased to call them . ALL in the neighborhood of their Proceedings , that know but any thing of them can tell it : The Parliament have not beene wanting to their owne Preservations and purposes in the exercise of the greatest jealousie , vigilancy , terror and authority , over those they could but get within their pretended Jurisdiction : Witnesse Edward Archer , who was whipt and punished almost to death , for speaking but his ill wishes to the Earle of Essex , when he was marching out of London , with their Army against the King : the imprisonment of their owne Members , for speaking against the Sence and Cabal of the House of Commons ; men and women , old and young shut up under Decks , ready to bee stifled a ship-board , upon suspicion that they affected the King ; hanging of the two Bristoll Marchants , Master Bourchier and Master Yeomans , for an endeavor to deliver up Bristoll ; Putting Colonell Essex out of the government of that Towne , upon suspicion of favouring the enterprise ; hanging of Master Tompkins and Master Chaloner , ●or a purpose to force the delivery up of some factious men to Justice ; banishing Master Waller , an eminent Member of the House of Commons for the contrivance of it ; searching the houses of forraign Ambassadors , & intercepting and opening their Letters ; Beheading Sir Alexander Cary for an intention to deliver up Plymouth , and Sir John Hotham ( who adventured first of all to set up their authority , and was magnified and , almost , adored for it ; ) for an intention only to deliver up Hull to the King ; executing of his sonne , for joyning with his father in it ; hanging Master Kniveton , one of the Kings Messengers , but for bringing his Majesties proclamation to London for the adjourning of the Tearme ( being a greater misusage then Davids Messengers received from King Ammon ) imprisoning , starving , and undoing of any that durst but owne the King , or send , or bring any Message from him or his partie , or that did but give any aide or assistance to him , to which their Oathes and Consciences and the jugling Covenant ( they themselves took , and forced upon them ) did obliege them , shooting and cannonading of the Queene when shee came but to aid her husband , and chasing and shooting after her at Sea a yeare after , when shee was going back into France from him ; sequestring wives and mothers that did but relieve their husbands and childrens wants when they returned out of the Kings service , putting thousands of Orthodox ministers out of their benefices and livelyhoods for using the Common-Prayer-Booke , Preaching true Do●●●ne and obedience to the King , or Praying for him at the same time when they pretended libertie of Conscience , and preservation of Religion , voting the Prince a Traytor for wishing well or being in companie with his Father ( for hee was too young to doe any thing else for him ) and making , or rather supposing charges of high Treason against those that either fought for the King , or counselled him how to defend himselfe ; for but obeying the knowne Lawes , they themselves made the World believe they made some parte of the Warre for , ordering all to dye without mercy , that did but harbour the King when hee fled in a disguise before their armies , condemning men by a Court martiall after the Warre was ended , and shooting them to death but for words or intentions . And if this and many things more might bee said of it , bee not enough ; what meanes so many sequestrations , and the bleating and lowing of mens Sheepe , and Oxen taken away from them since the Warre was ended , but for words spoken either for the King or against them ; husbands and Fathers undone for what their Wives or Children did without their privity : the Mayor of London & divers Aldermen Imprisoned but upon a suspicion of joyning with the Scots ; or somthing in pursnance of the Covenant they forced them to take , or else would have undone them for refusing of it ; Garrisons and Armies with free quartering and Taxes kept up after the Warre was ended ; and the People like sheepe devoured to maintaine them : so much complaining in our streets ; and taking away the fift part of many men in whole Counties , as Essex , Kent , &c. for joyning with some of the Kings forces , or for being forced to send provisions to them ( when they took up armes , some in pursuance of the Covenant , and others of them to deliver the King out of Prison ) and causing the Soldiers not only to cut and kill divers of the County of Surrey in the very act of Petitioning the Parliament for a Treaty of Peace with the King , and sequeste● many of them for putting their hands to it , with disabling the Citizens of London for bearing any office in the City or Common-wealth for but putting their hands to the Petition for the Treaty ; though Cromwell himself had not long before set on som to Petition for it , and the ruine and undoing of two parts of three in the Kingdome , very many of whom did nothing actually in the Warres , but were only sacrificed to their pretended reasons & jealousies of State doe sufficiently Proclame , and remaine the wofull Registers to after generations of this lamentable assertion . If the King could have gotten but so much leave of his mercy and a tender-heartednesse to hi● People , as to have used but the five hundreth part of the Parliaments jealousies , and sharpe and mercilesse authority in the mannaging of this Warre , so much of his Kingdoms and People had not beene undone and ruined , nor the Parliament put to so much labour to coyn faults and scandalls against him , nor to wrest the Lawes to non sence , and the Scriptures , to Blasphemy , to justifie their most horrid act of murdering him ; but for seeking to preserve the Lawes and Liberties of his People , who are now cleerely cheated out of them . And here our misery tells us wee must leave them , and in the next place shall remember ( for indeede it is so playne it needs no enquiry , ) CHAP. VI . Who most desired Peace , and offered faireliest for it . TH'abundant satisfaction the King had offered them from his first summoning of the late Parliament , to their dissolving of themselves , by dissolving him who gave them all their Life and Being ; That which he did , and all which hee would have done ; So many Declarations , Answers and Messages penned by himself , intending as much as his words could signifie , & were beleeved and understood by all at that time , that were not interessed or ingaged against him , and by many of the eagrest of them also , that had no hand , or look't to have any profit in the murthering of him ( for a tryall of a King without either warrant or colour of Scripture , or the Lawes of the Kingdom , or the consent of the major part of the People ; ( if that could have authorized it , cannot ; nay will not by all the world , and after ages bee otherwise interpreted : unlesse wee shall say Ravillae might have justified his killing of Henry the fourth of France , if hee had but had the wit to have framed or fancied a Supreme Court of Justice , and have Sentenced him before he had done it ) will bee as Pillars and lasting-Monuments of this Truth , The King was the only desirer of Peace , and laboured and tugged●●rder for it then ever Prince or King , Heathen or Christian , since Almighty-God did his first days work , did ever doe with Superiors , Equalls or Subjects ; & it will be no wrong certainly to David , ( whose sufferings are so much remembred in all christian Churches ) complayning so bitterly that he sought Peace with those that refused it , and in the meane time prepared for warre against him . To say the King did suffer more , and offer more , and oftner for Peace then ever hee did ( for any thing is extanc or appearing to us ) for surely , so many messages of Peace as one and twentie in two yeares space , from the 5. of December 1645. to the 25. of December 1647. sent to the Parliament after so many affronts and discouragements ; must needs excuse him that offered all could bee imagined to bee for the good and safety of his People , and condemne those that not only from time to time refused it but adhered so much to their first intentions , as all the blood and riune of the People could not perswade them to depart with the least punctillio of it ; though the King before the Isle of Wight Treaty , offered so much for the Olive-Branch , as to part with the Militia for terme of his life , and in a manner to un-king himselfe and was afterwards content to doe all that his Coronation-Oath Honour and Conscience could possibly permit him to doe ; and to purchase a Peace for his People , was content to have borne the shame and reproach of what his enemies were only guilty of ; in so much as the Lord Say himselfe , and most of his ever craving , never safe enough Disciples , confessed the king had offered so much , as nothing more could bee demanded of him . They therefore that can but tell how to divide or put a difference betwixt white and black , night and day , and the plainest contraries must needs also acknowledge ; the King offered all , and the Parliament refused all : The King was willing to part almost with every thing ; and the Parliament would never part with any thing : The King was willing for the good of his People to give away almost every thing of his owne ; but the Parliament would never yeild to part with any thing was not their owne . And thus may the account bee quickly cast up betweene the King and Parliament , who would have saved , and kept the people from misery ; and who was most unwilling to make an end of it . But that wee may not too hastily give the sentence to try the businesse , as they use to doe at the Counsell of Warre , or the new Invented way of Justicel , sitting with their Will , or the Sword only in one hand , and no Ballance at all in the other . Wee shall in the next place examine . CHAP. VII . Who Laboured to Shorten the Warre , and who to Lengthen it . THe ods was so great betwixt what the Parliament laboured to get , and the King to keep , as that which swayes the ballance in most mens actions will bee argument enough to conclude they were more likely to loose by a peace then a war : therfore the more willing to continue it : and if their owne interests would not put them so farre upon it , their vaine glorie and ambition would bee forward enough to perswade them to it , and if not that the successe of their armes , or miscalled providence would make them looke ( as experience tells us they did ) upon any tenders of peace , as Alexander the great did upon Darius his offer of halfe his Kingdome : and if not that , their feares and jealousies now growne greater by wronging of the King , then ever they were when they suspected him ; could never think it safe to let an inraged Lion into his den they had so long kept out of it . But the King could not fight for his owne but hee must adventure the undoing of his owne ; and could not but know that so much as was lost of his Subjects , would bee so much lost of a King ; and therefore doth all hee can to preserve a People , had no minde to preserve themselves ; and before hee had gathered up the bayes hee wonne at Edge-hill , sends a Proclamation of pardon to those , that the day before did all they could to kill him ; and in all his actions of warre afterward behaved himselfe rather like a weeping father defending himselfe against the strokes and violence of disobedient Children . Had the Parliament accepted of his offers before hee came to Beverley or besieged Hull , hee had never set up his Standard at Nottingham ; or had they loved his People , but halfe so much as he did , their Armies had never seen his Banners displaid at Edge-hill . Had they hearkned to his many endeavors for Peace after that battell , and not sought to surround or ruine him when hee came so neere as to their very doores to intreat for it , they had never beene troubled to frame an accusation against him for defending himselfe at Braynford . Had his Treaty at Oxford beene proceeded in with the same desires of Peace hee brought to it , the blood that was shed at Caversham-bridge had beene kept for better purposes , had hee sought his owne advantages hee had not besieged Glocester ; or had hee not beene so unwilling to put the People in it to the hazard of a storme might have taken it ; had they not sent their Generall to assault him at Glocester , whil'st hee was as David besieging the strong hold of the Jebusites that witheld it from his obedience , and sought to ruine and undoe Him aswell as his Loyall Subjects , he had not fought with them afterwards at Newbery , had not his Olive branches been flung in the fire by those he sent them unto , hee had not beene put to defend himselfe at Cropredy-bridg . Had any thing beene able to prevaile with the Parliament to pitty their fellow Subjects , hee had not taken such a tedious and dangerous march to relieve those they would have ruined at Bodmin in Cornwall . Had the Treaty at Vxbridge taken effect hee needed not afterwards have adventured so much to defend himselfe at Newbery . Had not the newmodel'd Army after so many tenders of Peace , refused by their masters , been sent out to destroy him , hee had not beene put to the trouble of taking Lecester for his security . And had not hee beene surrounded and almost surprised by them , might have reserved himselfe to a better successe and advantage then hee had at Naseby . Had his voluntary resigning up of the remainder of his Armies and Garrisons beene able to perswade any thing with them , there had not beene so much as a relique of Warre left in the Kingdome , or could so many messages for Peace , and so many Petitions of the people for it , have made but any impression on the Parliament , so many divisions , parties and insurrections had not since broken the Harpes of the Children of Israel , no● should the drums have out gone the voice of the Turtle . Hee that could not bring himselfe to the common actions of Warre to hang a Spie , in so much as when one of them was hanged before hee was told hee was taken , hee was intreating the Governour of Oxford to spare him . Hee that when he had John Lilborne one of the most factions that were against him , Wingate and Da●ley Parliament men , Collonell Ludlow an actor of that Treason his father had not long before spoken against him , and Dr. Bastwick one of the bellowes and principall factours of this horrid Rebellion , did no more then imprison some of them , and giving the rest a legall Tryall , shewed them what the Law they made silly People beleive they tooke up armes to maintain , would judg of them ; & suffered them to be exchanged to doe what they could afterwards against him : Hee that when hee had taken 400. prentise-boyes in the fight at Brainford , did but dismisse and pitty them ; & when he had compelled the E. of Essex the Parliament General at Lesti●hiel in Cornwall to fly away by Sea in a Cock-boat , and leave all the Artillery and foot of his Army to his mercy ; did no more but disarme them , and take an oath of them never more to serve against him : and being then in the height of his prosperity , sent a Message and offer of peace to the Parliament who were low enough at that time ( if their designes would have given them leave ) to have received it : Hee that could say hee should bee more afraid to take away any mans life unjustly then to loose his owne ! was not likely to bee guilty of blood seeking , or the sheding of it : Hee that had experience enough how much his Life and Crowne were sought for , yet to shew them the way to peace , and to take off all pretences to hinder it , could Sheath his owne Sword , and put himselfe into the hands of those hee had so little reason to trust , as hee knew them to bee the great contrivers of the Warre against him , caused the Marquesse of Montrosse , one of his mightie men of war , to disband ; when hee was master of a strong and ( not long before ) fortunate Army in Scotland ; commanded Newarke , Oxford , Wallingford and Worcester , very strong and almost impregnable Townes and Garrisons in England to be delivered up , and all acts of hostility by Sea & Land , and all the preparations his friends could make eyther in forraigne parts or at home to cease : Hee that could indure five yeares Ballading , Libelling , and Preaching against him , and such heapes of numberlesse affronts and injuries of all kindes done unto him , and two years imprisonment afterwards ; yet so long as he enjoy'd but the libertie of Pen & Inke or a Messenger to carry it ; did so tire them with Messages & offers of Peace , as they voted it to be Treason for any to bring any message from him , and notwithstanding all that , made shift to throw a message or declaration to his people , made up like a ball out of the place of his close Imprisonment at Carisbrook ; was not like to desire the lengthening that war he did all hee could to avoid , & offered so much to make an end of ; but on the contrary if we take into our consideration the more then Gothish unheard of inhumane cruelties , acted and done by the Parliament against their better fellow Subjects , their Plundrings , Sequestrations , and racking of every mans estate they pleased to call Delinquents ; severities in all their actions , standing upon every punctilio or word , or superscription of a Letter , & not abating a tittle of their demands as if they had been the Decalogue or some other place of Scripture ( though rivolets of blood , hundred thousands of ruined families , and thronged Hospitalls of sick and wounded men , Widowes and Fatherlesse cried aloud to them for Peace ) and their killing and murthering those that but petitioned for it , and a foundation laid of a new Warre may last as long as that of the Netherlands and Germany . There will bee enough and enough again to insure us of this most cleere and evident truth , the King did all hee could , and more then any man else would have done to obtaine Peace , and the Faction or Parliament all they could to avoid it : for certainly if there bee any rules of Learning Truth or Reason left us to judge by , hee must bee sequestred of all his braines that can but endeavour to make a doubt whether the King did not more resemble the true mother of the Child in the case before Salomon , who did so much , and offered to part with so much to save the life of it ; then the Parliament that would have it more then devided and to bee cut and torne all to bits and peeces , and would doe nothing at all to save , but every thing to destroy it . And now wee have seene a King undone and imprisoned for his endeavours to protect his People , and bring againe beloved Peace to those that would not entertaine it : and heard the report of his murther ( for most of the Peoples eyes have not seene it , nor have their hearts acted in it ) wee shall as most men doe ( after they have lost a good offer or opportunity ) enquire . CHAP. VIII . Whether the Conditions offered by the King would not have beene more profitable , if they had beene accepted ; and what the People have got instead of them . IN Order to which , though so woefull and over-and-over-●itterly-Tasted , Seene , Felt , Heard and Vnderstood-Experiences of the miseries have come unto us by the Parliaments not accepting the gracious offers and conditions the King made unto them , may make it to bee as needlesse to enquire of them , as for a man to aske where to find Pauls Steeple in London when hee is in Pauls Church-yard , or to enquire for the Sunne in the dog-dayes , when hee and every man else may see or feele the effects of it , wee shall bee content to consider what the King offered , and what the Parliament would have had him to grant . What the King would have done , and what the Parliament have done ; and by that see which would have beene the better bargaine . The King like a pater patriae offered over and over to grant all manner of Lawes and Liberties , which might bee good and wholsome for his People , and only denyed to grant those things the granting whereof ( as hee said himselfe ) would alter the fundamentall Lawes , and endanger the very foundation upon which the Publique happinesse and welfare of his People was founded and constituted ; or to give them Stones instead of bread , or Scorpions insteade of Fishes . But the Parliament meaning to feede the People neither with bread nor Fishes : ask the Royall-Sword , Crowne , and Scepter , Coronation-Oath , and Conscience , and an Arbitrary-Power to Governe and Domineere over their fellow Subjects , and to enslave those that trusted them : And though the King had already granted enough to preserve the Lawes , ●ives , Religion , and Liberty of the people , and was so willing almost at any rate to purchase a peace for himselfe and his people ; as hee was content to part with his Sword and Militia , and divers other parts of his Regality during his life : Yet that would not serve the turne , 't was Naboths vineyeard , not Ahabs Fast made all the businesse : the Parliament that pretended so much to deny themselves , and to dote upon the people , doe notwithstanding all they can to continue the Warre and to cozen and force the Peoples blood , estates and conscience out of them ; and they must never give over paying of taxes , fighting and fooling till they enable them to imprison their King , and not only murther him , but thousands , and many ten thousands of their fellow-subjects , and the Lawes , Religion , and Liberties of the people . And now that they have don more then the men of the Gunpowder-treason intended to do : and all England are become like Sheep without a Sheepheard , wandring on the mountains , and thousands of Wolves by votes and ordinances , and mis-called Acts of Parl. appointed to feed them ; 4 or 5 years sad experience in the Warres of the Parliament against the King , and almost as much more time spent in setling and subduing the people , making them like Camels to kneel down to take up their burdens , labour , and travell hard , and endure hunger and thirst under them : yet yeild up their veines to bee prick't for blood to enable their drivers to furnish them with a new supply of burdens when they shal be discharged of what they have laid upon them : May easily shew us a difference as big as a mountaine betwixt our old good Lawes and Liberties enjoyed under a gracious King , who had an Estate of inheritance large enough of his owne , besides an Oath to obliege him to protect us : and a Hell upon Earth , and the most Slavish of all the governments were ever yet put upon a Nation , by men of as little wit and Estates as they have honestie ; having no other obligations upon them but their owne abhominable designes and interests . For which of the People unlesse those that have traded in their neighbours blood and ruine , but hath made their complaints of their undoing ? The Religion of the Kingdome once so glorious is now cut into fancies and blasphemies ; the Churches where God was wont to bee worshiped , either defaced or pulled downe or made Stables for horses ; the Lawes of the Kingdome that were consonant to the Word of God , and had in them the Quintessence of all could bee found to bee extant in the lawes of nature , Nations , Civill lawes or rectified reason , and whatsoever the wisdome and care of all former Kings in Parliament , or the usage and customes of this or any other neighbouring Nations could bring to it's perfection , and were wont to nourish and preserve peace and propertie , among us voted out , or into that sense , or tother interest to that every thing or nothing , or to that non-sence according as the Lawlesse , Unlimited , Unjust , and Ignorant will of fellow Subjects , shall please to misuse them in the voting-house , or place of bandying aies or noes ( for a Parl. which in it 's legall and primitive institution consisting of King , Lords & Cōmons , & the right use of it , is so venerable as no man ( as our Laws say ) ought so much as to speak , or thinke dishonorably of it , we cannot without violence to the Laws and our own reason and understanding call it ) where Publique orders are made without hearing of all , or any parties interessed , a peece of a cause heard by some , & none at all of it by others ; votes and parties made and picked and lent to one another before hand , and the best of the Faction , and juglers , carry all the businesse as they have a mind to it . A way of Justice worse then that ( if there were any in it ) of a lawles Court said to be kept yearly on a Hill betwixt Raleigh and Rochford in Essex , the wednesday after every Michaelmas-day , where the Steward or Judge sitteth in the Night after the first Cockcrowing , without any light or Candle , and calleth all that are bound to attend the Court with as low a voice as possibly he may , writes orders with a coals , and they that answer not , are deepely amerced : For that being a particular punishment long agoe inflicted upon the tenants of certaine Mannors in Raleigh hundred for a conspiracy against a King , is but once a yeare , and some shift or change or mercy of the Steward , or an appeale may take away the inconveniency of it . A way of government worse then to bee Subject to the rule of so many fooles , for they might perchance doe that would bee just ; or so many Knaves , who but in playing the Knaves one with another , or for reward , might sometimes do that which was right ; or Mad men which at intervals might doe something which was reasonable , worse then for every Subject of England to bee put to play at dice for his life , or Estate , or any thing else hee should crave a Justice to get or keep ; for then hee might by skill or chance obtaine some thing : In fine worse then any example or way of Government the World hath as yet produced , and can have nothing worse but Hell it selfe . The Parliament and priviledges of it are destroyed , and every mans Life and Estate in no better a condition then at the pleasure of the next pretenders to it . All the Charters and Liberties of Citties and corporate Townes Corporations of Trade , and Companies of Merchants made voide ; all the Merchandise , Trade , and manufacture of the Kingdome laid open , and in common , to every one that will intrude upon it ; all that is in the Law concerning our Lives , Estates , Liberties and Religion , made voide and dependant upon their Arbitrary Independent power ; all that is in the Law concerning Navigation , the Kings protection of his people ; certainty of Customes , Trade and entercourse , leagues and correspondencies with Forraigne Princes expired or anihilated , and all that our forefathers have obtained by way of Lawes and Settlement , and certainty of Estate , are now at dispose of our vote-mongers ; who insteede of a most Pious and gracious King governing by knowne Lawes , have set us up 43. or 50. Kings , and ten times as many more Knaves and Fooles , who will govern by no Law but such as they shall call Lawes and make themselves ; can bee accusers , witnesses , and Judges at one and the same time , and if neede bee , condemne and take away mens Estates first , and try them after two or three yeares Petitioning for it : a bondage and slavery in the generall more then ever any of our ancestours tasted of . For the Romans whose Justice and moralitie at home , and vertue and temperance abroad , made them free enough from Tyrany ; did but make them as Tributaries : The Picts made but temporary incursions , and a wall could bee made against them : The Saxons and Danes brought us good Lawes ; and Willians the Conquerour was conterted to restore them . And all that succeeded him since , understood a government by Lawes to be their own as well as the Peoples security : but this which they have now brought upon us and would keepe us under , is a misery beyond that was suffered under the 30. Tirants of Athens , Spartan , Ephori , or Romes Dece●●virat , for there were something of Lawes and Rules to governe by : The Children of Israel in the Egyptian sl●very had a property in their goods and cattell , and were at liberty to serve a better God then that of their masters , and though they had their burdens doubled upon them , were not kill'd , imprisoned or fequestred for Petitioning against the sense of Phareah . The Jewes in Captivitie had so much libertie of Conscience allowed to them , as to play upon their Harps , and sing the Songs of Syon in a strange Land . The frozen Russians though so dull and ignorant as when they are asked any matter of State or difficultie make answer God and the great Duke knoweth breath not under so arbitrarie and lawlesse a government . The Grecians had not their Lawes , Religion & Liberties , as wee have , all at once taken from them ; nor o●n the sufferings of them , or any other vassals of the Ottoman port or those that live under the Crim Taertar equall the one ●alie of our English Slavery . Into which we had never fallen or come at all , or so long groned under , had wee but served God and the King , as wee ought to have done ; and not wrested the sence as well as the plaine words of the Scripture and the Laws of the Land to enable the sonnes of Zerviah to bee too hard for us , and bring all manner of mischiefe ▪ confusion and wickednes upon us , more then Romes and Constantinoples Antichrist ever brought upon a People , & from which the King had delivered us if we had not Cursed , Reviled , Prayed , Contributed , & Fought against him for endeavoring to Protect us . How gracious then was hee who endured the heate of the day and cold of the night , to preserve a great deale more for us then Nabals Sheepe could amount unto : yet being worse used then ever David was for it ; could not tell how so much as to threaten to doe that which David had so great a mind to doe , but fought as long as hee could to protect them , would not so much as defend themselves ; but did all they could to raine those that defended him . And how much was hee beyond Codrus the Athenian King , the Romane Curtius , or Decij ( if all that the Ancients wrote of them were true ) who sacrificed themselves , but not their Estates and Posterity to preserve the Publique , and how good beyond example , or the Credit of any history , who made himselfe a Martyr for his peoples Lives , and Liberties ; & endured so many deaths and suffered more indignities then all the Kings of England put together have ever endured to preserve a people , have ( for a great part of them ) either by Rebellion , or an accursed Newtrality helped to ruine him : and when hee knew whatsoever Conditions or Propositions hee should bee forced to yield unto , would by the Law of God as well as the Civill and Common Law , the Lawes of Nature and Nations , and the dictates of every common mans reason and apprehention have beene void in the very making of them , and could not have reached to his posterity , and that if hee would but have surrendred up his people , and gone along with their new masters in their Arbitrary and Tyrannicall government , as some of his last words upon the Scaffold plainly intimate , and sided with 20. or 30. of the Faction , and delivered up the Sheepe to the Wolves ; hee might no doubt have had a good part of the Fleece to his owne share ; or but with Sampson have pleased himselfe with revenge and delivered up a people to Slavery , were at so mu●h expence of Treasure and Blood and their owne Soules to bring their Soveraigne to it ; might have worne the title of a King and played the wanton with Sardanapalus in the company and delight of women , pleased his pallate with Vitellius , his pride if hee had any with Bassianus , his crueltie if hee could ever have beene guilty of it with Commodus , and with Childerick the lazie King of France in a Chariot deck't with garlands , whilst others governed for him , beene at certaine times of the yeare only exhibited to the People , and like the Minotaure of Creete wallowed in the laberinth of Parliament priviledges and devoured his people , did notwithstanding refuse to doe any thing might help himselfe either to purchase his owne quiet , or so great a Libertie ; and would neither for any good might come to himselfe , or any evill might bee cast upon him and his posterity , bee perswaded or threatned from the protection of his People , who ( if hee had not taken more care for them then they did for themselves ) must , if hee had yeilded to all the Parliament propositions ( for then they might have imagined mischiefe by a Law ) have from time to time beene engaged in any Warre their task-masters had a mind to put them upon , must have beene excised , plundred , sequestred , ruined , and undone ; sworne and forsworne ; constrayned to sweare to do a thing to day , and the next day sweare not at all to doe it . The sonne set to kill his Father , and brothers forced to fight one against another , and have all their holydayes turned to thanks-giving dayes , that they are undone , or fasting dayes that they may bee undone soone enough . And if at any time that thing they call a Parliament should think it fit to make a directory to the Alchoran , and to order every man to turne Turk , and the King as their Henry Scobell or Towne Clearke , but subscribe it , their Spirituall as well as their Temporall Estate , and their Soules as well as their Bodies must bee voted and forced to it . And now let the People that have tasted too much of such a kind of happinesse , and are like to continue in it , as long as their misery-makers can by any help of the Devill or his angells hold them to it ; consider whether they or their forefathers ( though some have thought themselves to have wit enough to adventure to call them fooles ) were the wiser , whether they that setled the government , and were contented with it , or they that pulled it in peeces , and whether the tearing up of the fundamentall Lawes of Monarchy , Peerage Parliament , and Magna Charta , even since the day the King was murthered for defending of them , which every one but themselves desired to uphold , bee not enough ( besides the Scottish combination , and the plots to ruine Monarchy , and the King and his posterity , before the five Members and Kimbolton had so far●● engaged themselves in it ) to informe them , if nothing else had beene demonstrated unto them : That the King did all hee could to preserve the Lawes , Religion , and Liberties of the People ( which diver● peeces of his coyne will help to perpetuate the truth as well as the memory of ) and the parliament all they could to destroy them ▪ And that as hee actually endeavoured to defend them so have they as actually undone and destroyed them . And let the greatest search of history can bee made , or time it selfe bee Judge , if ever any warre was more made in the defensive , or upon juster grounds , or greater necessities , or if ever any King before fought for the Liberties of those hee was to governe , and for Lawes to restraine himselfe withall : or if it were possible for him to suffer so much in any mans opinion , as to have it thought to bee unlawfull , or that he was a murtherer of his people for seeking to protect them . How shall any King or Majestrate bee able to beare or use the Sword when they themselves shall bee in continuall danger to bee beaten with it ? King Edward the 2. of England was not murthered for the blood that was shed in the Barrons Warres , though some of them had drawne their swords , but in performance of his fathers will to take away his favorite Gavestson from him . King Rich. 2. in those many d●vised Articles charged against him , was not deposed for the blood was shed in Wat Tilers Commotion ; nor Hen. 6. publiquely accused for that of Jack Cades Rebellion , and the most bloody differences of the White and Red-Roses ; nor Queene Elizabeth for all that was spilt in reducing Ireland , when her favorite the Earle of Essex made it to bee the more by his practises with Tyrone , nor for the blood of Hacket who pretended to bee Christ , nor of Penry , and other Sectaries ( lesser Incendiaries then Burton , Prynn● , and Bastwick ) for disturbing the Common-Wealth , the great Henry of France was not endeavoured by his Catholick Subjects to be brought to triall for sheding so much of their Blood to reduce them to his obedience , nor by his Protestant Subjects after hee was turned Catholique for spending so much of their blood to another purpose then they intended it . Nor have the stout harted Germans ( though many of them great and almost free Princes ( in their late peace and accord made betwixt the Swedes and the Emperour , thought it any way reasonable or necessary to demand reparation for those millions of men , Women and Children , houses and Estates were ruined and spoyled by a 30. yeares warre to reduce the Behemians and Prince Elector Palatine to their obedience . For what rules or bounds shall bee put to every mans particular fancy or corrupted interest , if they shall bee at Libertie to question and call to account the authority God hath placed over them ? Shall the sonne condemne or punish the father for his owne disobedience ? the Wife her Husband for her owne act of Adultery ? or the Servant the Master , for his owne unfaithfullnesse ? or can there bee any thing in the Reason or understanding of man , to perswade him to think the King was justly accused for the shedding of his Subjects blood which the accusers themselves were only guilty of ? And Bradshaw himselfe ( like the Jewes high Priest confessing a truth against his will ) in the words he gave insteed of reason for murthering the King against the will and good liking of 9. parts in every 10. of the Commons of England , could make his Masters that call themselves the Parliament of England to bee no better then the Tribum plebis of Rome and the Ephori of Sparta , the former of which for manifold mischiefes and inconveniences were abrogated , and laid aside , and never more thought fit to bee used , and the latter ( not being halfe so bad as our new State Gipsies ) killed and made away to restore the People againe to their Liberties . But the opinion , and Judgement of the Learned Lord Chiefe Justice Popham ( who then little thought his grand-child Collonell Popham should joyne with those that sate with their Hats on their heads , and directed the murther of their Soveraigne : and if hee were now living would sure enough have hanged him for it ) and those other learned Judges , in the case and Tryall of the Earle of Essex in the Raigne of Queene Elizabeth , That an intent to hurt the Soveraigne Prince , as well as the Act of it , was Treason . : And that the Lawes of England doe interpret every act of Rebellion or Treason to aime at the death or deposing the Prince . For that Rebels by their good will never suffer that King or Prince to live , or Raigne that understands their purposes , and may revenge them , agreeable to that of the Civill Law : That they that goe about to give Lawe , to their Prince will never suffer him to recover Authority to punish it ; is now written in the blood of the King , and those many iterated complaints of the King in severall of his Declarations published to the People ( in the mid'st of the Parliaments greatest pretences and promises ) that they intended to take away his life , and ruine him , are now gone beyond suspicion ▪ and every man may now know the meaning of their Cannoneeres levelling at the King with perspective glasses , at Copredy bridge , the acquitting of Pym the ●nn●keeper who said hee would wash his hands in the Kings Heart Blood ▪ stifling of 15. or 1● . severall indictments for treasonable words , and Rolfe rewarded for his purpose to kill him , and the prosecutor chequed and some of them imprisoned for it . For , the Sunne in the Firmament and the foure great quarters of the Earth , and the Shapes and Lineaments of man are not so universally knowne , seene or spoken of ; as this will bee most certaine to the present as well as after ages . The end hath now verified the beginning , and Quo● primum fuit in intentione ultimo loco agitur , Seaven yeares hypocriticall Promises and Practices , seaven yeares Pretences , and seaven yeares preaching and pratling have now brought us all to this conclusion as well as Confusion . The blood of old England is let out by a greater witchcraft and cousenage then that of Medea when shee set Pelias daughters to let out his old blood that young might come in the place of it ; the Cedars of Lebanon are devoured , and the Trees have made the Bramble King , and are like to speede as well with it as the Frogs did with the Storke that devoured them ; And they have not only slaine the King who was their Father , but like Nero rip't up the belly of the Common-Wealth which was their Mother : The light of Israel is put out ; and the King , Lawes , Religion , and Liberties of the People murthered , an action so horrid , and a sinne of so great a magnitude , and complication as if wee shall aske the daies that are past , and enquire from the one end of the Earth to the other , there will not bee found any wickednesse like to this great wickednesse , or hath beene heard like it . The Seaverne , Thames , Trent and Humbar , foure the greatest Rivers of the Kingdome with all their lesser running streames of the Island in their continuall courses , and those huge heapes of water in the Ocean and girdle of it in their restlesse agitations will never bee able to scoure and wash away the guilt and staine of , though all the raine which the clouds shall ever bring forth , and impart to this Nation and the teares of those that bewaile the losse of a King of so eminent graces and perfections bee added to it . Quis cladem illius diei ? quis funera fando Explicet ? aut possit lachrimis aequare dolores ? Gens antiqua ruit , multos dominata per Annos . FINIS . Notes, typically marginal, from the original text Notes for div A90655e-190 Order● . Jan. 1641. Camden Annalls Eliz 99. 103. Ibidem p. 391. 394 ▪ & 395. Vide the vote in Mr. Viccars broke entituled God in the Mount . p. 78. Collect , of Parl. and Decl. and K●●es Mess. and Decl p. 50 Ibm. 51. Ibm. 52. Ibm. 53. Ibm 77 & 78. Vede the Petition of some Holdernesse men to the King ; 6. July 1642 Ibm. 153. Ibm 550. Ihm. 169. 170. Collect. Par. Decl. 183. Ibm 259. Ibidem p. 297. & . 298. Ibm. 301. Ibm. 305. Ibm 328. Ibm. 333 〈◊〉 . 339. 〈◊〉 . 342. Collect. of Parl. Mess. and Declar. 307 308 309. Ibm 346. & 348. Ibm. 349. 350. Ibm. 350. Ibm. 356. 357. Collect. Par. Decl. ●●● . & . 374. Ibm. 376. Ibm. 442. Ibm. 449. Ibm. 450. Ibm. 453. Ibm. 459. Ibm. 452. Ibm. 457 Ibm. 457. Ibm. 465. & 483. Ibm. 509. Ibm. 573. 574 575. & 576. Vide the Kings Declaration Printed at Oxford & ordered to be read in Churches and Chappells . Cokes 1. parte institutes 65. 11. H. 7. Dec. 18. & 19. H. 7. Dec. 1. Collect. Kings Message . 579. Ibm. 58. Ibm. 585. Ibm. 586. Ibm. 614. Alber. Gentil . 223. Besoldus in dissers de inre Belli 77. & 78. Lib Alber. 23. Lucan . li . 2 Cieero Phi●●pic . 5. 2. Sam. 15 2 Sam. 2● Bodm . pa. 736. 〈◊〉 otius de ●ure pacis et belli . Collect. of Mess . Remonst . and Declar. 15 Ibm. 45. 50. 52. 55. 67. 98. 91. 94. 103. 104. 106. 109. 110. 114. 127. 255. 327. 353. 442. 472. 562. 580. 484. 686. Besoldus in dissert. philolog . p. 58. 32. Hen. 6 18. Eliz. 〈…〉 . 〈…〉 . 〈…〉 . 〈…〉 . 1. ●aciu● a●xiom . 35. Besoldus dissert philolog . 88. Besoldus Ibm. 95. ●n . picart observat. decad 10. code 2. & Facius a●iom bell . ●0 . Besoldus in dissert philolog p. 83. Cic. 1. de offis . Jov. lib. 1. Polidor . 1● 20. Albericus Gentilis cap. 3. Jerom. ep. 47. Cicero promilone . Baldus ● . consid. 485 & consid. 5. A●be●i● : Gen●i . l. b. 1. Dec. 25 Bald. 5. Cons. pa. 439. Genes . 14. Judges 20 1. Sam. 30. 2. Sam. 6. 1. Reg. ●0 1. Mach. ● . v. ●3 . 8. June 1644. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Ca. 28. History of the Mary . Montrosse his actions in Scotland . Collect. Kings Messages and Answers p 61 Weavers Funerall Monuments pa. 605. Camdens Annalls Eliz. pa. 798.