THE RELIGIOUS & LOYAL PROTESTATION, OF JOHN GAUDEN Dr. in Divinity; Against the present Declared Purposes and Proceed of the Army and others; About the trying and destroying our Sovereign Lord the KING.  
Sent to a Colonel, to be Presented to the Lord FAIRFAX, And His Council of War, this fift of January 1648.  
Jan: 15th London, Printed in the Year 1648.   


C R  HONI SOIT QVI MAL Y PENSE  royal blazon surmounted by a crown and with a Tudor rose and Scottish thistle on either side  
To the Reader.  
NOt any vanity or ostentation of bold and unseasonable freedoms, (which are not worth the hazards and displeasures they may contract) but only duty and integrity, commanding me, resolutely to look at God's glory, and the discharge of my own Conscience both to God and Man, hath made these ensuing Papers become public, which I lately, with all humility and charity, presented by the hand of a Colonel (my worthy friend) to his Excellency, and the rest of the Council of War: Indeed, I am persuaded that God requires, and looks for (in the general over-awings of men's spirits, who behold the Army more with terror, than with love and charity, which I do not) some men speedily to assert both his righteousness and their own uprightness amidst, and against the crooked and perverse motions of others, in this untoward Generation, which is ready to father upon God and the Christian Reformed Religion, one of the most adulterous, deformed, and prodigious issues, that ever the corrupt hearts of the men of this world conceived, their unbridled power brought forth, or the Sun beheld.  
Wherefore, as not by my assent, so neither by my silence must I have any hand in the midwifery of so monstrous productions, which seem to threaten the ruin of the King, and the subverting the fundamental constitutions of Parliament, Laws, and Liberties.  
Next, to the betraying and killing of Christ, was their sin, who either denied, or deserted Him.  
The impetuous torrent of present power, having broken all banks of Ancient Legal Forms, affairs seem now let out to such general and popular diffusions, that they admit no other restraints, but those which the common People's assents, or dissents, may give to them.  
It is hard if among such a multitude of men, all our Oaths, Protestation, and Covenants, sacred and civil ties will not obtain so much of Loyal and religious Subjects, as by a word or two both decently and seasonably to interpose, when (as the Lord liveth) there seems to be but a step between the life of our Sovereign Lord the King, and some violent death.  
Me thinks I hear His Majesty in His Agony, solitude, and expectation of an enforced death, calling to me, and all other His Subjects, You that never believed My Life was sought after in the bottom of this War but My safety and Honour, you that never fought for Me, yet professed to abhor the fight destinately against Me, or destroying of Me; Cannot you, dare not you now speak one word to save My Life, and your own Souls? shall your silence seem to encourage and make up their suffrages, who therefore pretend they may, and will destroy Me, because it pleaseth you, and the generality of My people?  
For my own part, as I hope to have communion with God in Christ, I dare not have any fellowship with so foul a sin, as the Killing of the King, but rather I ought to reprove it, and fairly contest against it: whatever His sin may be, yet I think Him not criminal or obnoxious to any Tribunal but that of God, whose Deputation, Authority, or Commission they can in no sort (that I see) produce to any satisfaction of religious minds, who at present undertake to be His Tryers, Judges, Condemners, and Destroyer's, only because the KING is in their power. Whereas God's Commission warranting such an Act ought to have not only the stamp and image of prevalent power on one side, (Which the most flagitious actions oft have) but also the superscription of his Word, and the express signature: of his will, in the municipal Laws on the other side, by all which, power is derived, limited and warranted to act with moderation and right eousnesse.  
I beseech God to restrain power, to soften hearts, and to frustrate those purposes, which to me seem to have so much of sin, Hell, and honour; that if I hated the Actors the most of any men, (which God knows, I do not but love and pity them, and pray for them) I could not show my hatred more against them, than by wishing them engaged and suffering them to go on, and thus to fill up the measure of their sins, by destroying Him, for whom I have always been taught, and now most of all to think it my duty to cry aloud, GOD SAVE THE KING.  
So clearly pointing that ambiguous Verse, which most men are afraid to do:  Regem occidere noli. Timere bonum est. 
Jan: 10. 1648. JOHN GAUDEN.   

TO His Excellency the Ld. FAIRFAX, And his General Council of War.  
RIght-Honorable, and Honoured Gentlemen,  
Your Power and Actions render you terrible, but that candour and affability which you say you bear to all, makes you accessible, and invites Addresses to you, even from those who differ from you. I am one of the least considerable of many, as to any contesting with you, or obstructing your proceed; yet since some of you yesterday invited me, or any man, to a free declaring of our judgements, in order to the great Affairs you are now upon, wherein although yourselves, as principal, are most concerned, yet myself and others are like to be involved in the success of your actions, both as to my temporal and eternal welfare if either approve or descent. My humble Request to you is, That without contracting your displeasure, I may use that liberty which God and Reason hath allowed me, and yourselves have not yet forbidden to me or others in this way.  
Happily I might with more safety in silence tremble before, and humbly adore the Justice and Power of the great God, which he hath by your means, and yet may carry on further against the sins of this Nation, yet I consider not you only, but myself am highly responsible both to God and Man, for what you do and I seem to consent unto in matters so enormous, of so vast and public influence, both to the present Age and Posterity.  
You are not ignorant that Success is a great Bribe and Snare to the Judgement, where the heart is not very watchful over itself, and much in Prayer to God for his wisdom and Grace, which is most set forth in the using Successes humbly, and honestly, to the advantages of Piety and Charity.  
Prosperous Power is loath to stop itself with moderate bounds, or to suspect itself, either to want or go beyond the line and limits of Justice; It is compassed about with many applauders and flatterers, who easily mistake the fact itself, or the confidence of the Agents, for the rule of Righteousness, and interpret God's permission of what may be very wicked and un-just, as his approbation and witnessing to their Justice,  
The rule and standard of which (that is humane Justice) I think to be fixed and immovable, either as to those general expresses which are in Gods written word, or those settled Laws of humane societies, by which his Providence (for the good of men) hath in ways of public and Nationall consent, clearly brought forth that light of common and politic reason, which but dimly shines in man's heart, singly and apart, the divine goodness confining by such public and settled regulations those exorbitant varieties to which men's private Reason, Will and Power, are prone to break forth in the fulfilling of their particular Lusts, to the injury of their Neighbours, and the detriment of the public good: I confess I am not able to resolve myself, by any thing yet set forth, as to any grounds of God's or Man's Laws, or your own sometime time declared Principles, so as in the least kind to justify what you formerly or lately have done, without and against the mind of the two Houses of Parliament, yet I see much of God's light in their and your darkness, of his Order and Glory in these Common Confusions.  
But there are many Persons of abilities far beyond mine, who in the point of their Privileges are more Personally concerned to vindicate and assert them, against the impressions by force upon them, who were undoubtedly the fathers and fountain of your Power, as Soldiers, and their Commission, the Limitter as well as Licencer of your Military Actions.  
What is passed upon the Houses, can only have such a remedy and reparation as Providence shall see meet to grant.  
That which strikes my Soul with the greatest horror and astonishment is, how to reconcile your declared purposes against the King, either with the fair opinion I desire to retain of your Persons, or with that common tenderness and duty which both you, and myself ought to beard toward his Majesty.  
The Justice you pretend to do against him, seems to me most questionable both for the matter or merit, as also for the manner and form of the doing it: Since no power, that I know, hath; or can under Heaven, invest you with any Authority to do what you seem to intent.  
The Laws of this Kingdom (I presume yourselves confess and others have evidently evinced) are fully against you, giving no Subjects, in any Case, Judicial power over the life of their King, or his Sovereignty.  
The Word of God (so fare as he hath given me to understand it, neither affords any Precept, nor commends any example, in this kind, to your imitation, but in both is absolutely against you: you cannot be ignorant of David's both Conscientious and Generous respect to saul's safety and life, whom he leaves to God's Justice, by no usurpation of power, success, or opportunities of revenge, suffer himself to be tempted to prevent the hand of God.  
Never any man in the Church of God, of any name for piety and holiness, are recorded to have done any such Act of violence against their lawful Kings, such as ours is confessed to be; never did Christ or his Apostles, by practice or precept, give the least intimation of the will of his father, as agreeing to what you declare to be your purposes; yea, I am fully persuaded in my Soul, that if my Saviour Jesus Christ were now living upon Earth, he would be utterly against your Counsels and Actions in this point; agreeable to whose most holy mind, doctrine and example, all Christians that have truly feared God, have also honoured their Kings.  
Such hath been the violence of praetorian Soldiers, Janissaries and Mamalukes, such as have followed a Caesar, or a Scylla, or a Marius, not knowing the mind of God in Christ: But never of any Christian Soldiers, living in the power of Godliness.  
So that being thus wholly destitute of any support from God's word or Man's Laws, either for rule or example, to gain my approbation to what you mean to perpetrate in a way exposed to so many horrid aggravations: Truly I should think it not only my infinite sin to declare for you, but even by my silence to betray you (in other things so gallant men) as much as in me lies, to so great, and almost unexpiable a sin; where you being destitute of any clear grounds must needs sin more against the clear light which shines upon you, and against your proceed; since to your Souls, I awe and bear a great Charity, next to the salvation of mine own.  
Furthermore, by silence, I should fail of that poor remainder of duty which yet lies as the last point of my power to express to my Sovereign Lord and King, being one of his Subjects, and upon whom the many Oaths of God do by obliegeing me to desire, and in all fair ways to promote his both honour and safety.  
You seem to take the first and greatest rise, for the justification of your proceed from those advantages of mere natural or martial power which are in your hands: of which you can have no comfort, as any token of God's gracious and special favour to you, though never so prosperous, unless you have his fear before your eyes, which teacheth you to refrain, and departed from doing evil: by keeping the exercise of your Power within those bounds of moral and political good, to which God calls you by his Word, the Laws of the Land, and most particularly by your own derived Commission: To all which, not only the prime ties of Conscience to God, and Allegiance to the King, but those also of Honour, Faithfulness, Modesty, and limited Trust from the Parliament, should oblige you as men of true worth and sober valour, whose will should never be the measure of their Power (as is in Pirates and Robbers) but their Power is and always aught to be contained in those Religious and Honourable bounds, wherein Godly men always keep their mortified and subdued wills, as David did, when he had to the personal in juries offered to him, the advantages added both of Power and Opportunity against King Saul; for that of Samuel's severity against Agag, you know that neither is the King an Agag to you, nor you as Samuel to him.  
Your next support, seems to be settled upon the People's Petitioning, and seeming to assent, to what you intent to do: when as I am very confident; and yourselves cannot be ignorant of: that if free suffrages, or subscriptions of all the People were taken in the three Kingdoms; you would find twenty to one against your Judgement, and Proceed; and this of very grave, sober, and considerable men.  
So that I cannot in oder to my own, and others eternal peace with God; but in all freedom; yet with all meekness, and due respects, but exhibit to you, as the chiefe Councillors, & Managers of eht present designs against the King, this my Loyal and Religious protestation against it, and earnest obtestation of you; not to bring upon your souls, and the Kingdom, as much as in you lies, the blood of His Majesty, the Lords Anointed.  
That I may at least, as Joseph of Aremathea, keep myself unspotted from it; whose voice cannot but cry as much louder, than any other man's unjustly shed; as the blood of Adam would have done if Cain had slain him being his father, instead of Abel his brother.  
You know the Caveat of the wise King Solomon, given and repeated: There is a way which seemeth right unto a man, but the end thereof are the ways of Death. [Prov. 14.12. & 16.25.]  
I beseech you therefore, in the name of God, and for the love of Jesus Christ, let not your being advanced so fare be any hindrance to your penitent and just retreat; to which I think God calls you, as by many others worthier and ablet than myself: so by this my humble Remonstrance; in which my unfeigned charity to your souls eternal good; as well as the Kings and Kingdoms temporal welfare, may and will with men that have any touches of God's Spirit in them, plead my excuse, for my thus presuming to contradict your Counsels, or intercept your proceed.  
Matters of so high a nature, should either not be attempted, or publicly argued, with the greatest calmness, clearness and freedom; the last of which you have so obstructed, that most of those Lords, and Gentlemen, who are as much related to the King and interessed in the Affairs of the Kingdom as yourselves, are denied to use or enjoy it.  
I beseech you to remember what mercies you proclaim to the world, God hath already showed you, & what mercies you may yet stand in need of; what pretensions and assurances of Moderation and Loyalty, you sometimes made to the King: O let not the World find in the event; that your pretended mercies were intended cruelties.  
After so long and so hard a restraint which the King hath suffered with so much patience, after so many Concessions to his own diminutions, in order to the satisfaction of the Parliament, the Kingdoms, and the Army's Interest, both joint and several: how can you in cool blood, without any colour of due Authority from God or Man, destroy your and our King; who cast himself into His Subjects Arms, and was received with all assurances of safety and Honour?  
If His Majesty erred in His Judgement or Council, which put Him, and He thought, upon the necessary vindication of His just Rights against those, whom He was jealous went about to deprive Him of them, yet can no less revenge serve Subjects upon their King, or Sons, towards their mistaken Parent, then after long and many heavy Afflictions, utterly to destroy Him, and His?  
Forget not (as I hope you do not) the common Errors, to which all men are subject; and those notorious ones, with which, mutual recriminations have aspersed both Parliament and Army, and with which we have all cause to fear, the most just Judge of Heaven and Earth will charge the most presuming Innocence of us all.  
O do not slain the Renown of your valour by so merciless an Act, as the destroying your King; Renowned even by some of you selves, for the greatness of His understanding, and many other Princely virtues, and incomparable endowments.  
You are Gentlemen that pretend to walk by the rule of a good Conscience before God & Man; which must needs fail you, when God hath not given you either any scriptural command, or any Magistratick power, over or against the King; nay, you cannot but feel (I think) many checks and scruples, if not strict ties to the contrary upon you, as well as other Subjects, by no failings of the King, or any earthly Power to be dispensed with.  
The presage of that deluge of miseries, likely to follow the ruin of the King in these miserable Kingdoms, doth not so much terrify me, as those sins which have deserved and brought upon us, so vast Judgements. To all which, the Addition of this both grand Sin and Judgement of destroying the King; against all Laws of God and Man, of War and Peace, of Valour and Honour: must needs become so far the Heavier, as it becomes the more Nationall, by drawing with it the consent of others.  
Wherefore I thought it my duty, being exempted through the love of God, and Charity to your Souses, from that spirit of Bondage, which makes too many servilely fear your power; of so great a Sin, and stand in the gap, both against the Sin, and ensuing Judgements: Having no other end in these sudden lines. but to witness to the Truth of God, (as I conceive it) to the Honour of the true Christian Religion, to my particular Duty, and Oaths of Allegiance, as also to that Charity and Respect I bear to the welfare of my Country, and your own Persons.  
I had rather you should see and prevent you sins in such glasses of free and fair Remonstrances, then hear of them too late by the Clamours, Curses, and bitter reproaches of others, or in the fearful Echoes of your own most troubled and terrified Consciences, and the just wrath of God upon you and the Kingdom.  
I earnestly beseech God, the most wise and just disposer of all things (whose executive power wicked men oft unjustly usurp, but gracious men never either invade or execute, without an orderly Authority derived either immediately from God, or mediately from those politic Laws, and fettled Magistracies which are Gods Ordinances among men;) Him I beseech to look upon you in mercy, whose sin, with success, will make you infinitely more miserable than the King, or any man can be, under the greatest worldly sufferings, which (I hope) God hath, and will further sanctify to him.  
That great God and King will (I hope) incline your hearts to those ways, which are clearly his will; not as to private imaginations, which are various, fallacious, and dangerous, but as to those public and infallible Declarations of his Oracles, and Providence, viz. the Scriptures, and our Laws.  
With regard to both which most clear and constant lights; that which you call Justice against the King, seems to me the greatest and most unparallelled Injustice. What I humbly present to you in a way of a most just, and (at least) a merciful tenderness towards your Sovereign, and your Souls, is not more your duty, than it will be both your Comfort, and Commendation for ever.  
When the world shall see your power bounded with Loyalty, sanctified with Piety, and sweetened with Pity, not foolish and feminine, which I would have below you, but masculine, Heroic, truly Christian and Divine: which commands you to add to your many other Victories, this Crown of our rejoicing, and your triumphs, the Conquest of yourselves: by overcoming what you conceive evil and  in another, with such unquestionable goodness in yourselves.  
Wherein I humbly entreat the God of mercies to make, you to abound, overpowering all passions and frailties in you as men, and perfecting all graces in you, as true Christian Subjects to a Christian King. This I writ, and pray, as  
Your faithful Monitor and Servant, according to the Will of. God, John Gauden. Janu. 5. 1648.   

To Colonel W.  
Sir,  
Your friendliness and great Civility hath given me some encouragement to entreat you, that by your hand these enclosed papers may be presented with my due and Christian respects to his Excellency, and the Counsel of War, when they next meet, my Motives to them, and the contents of them you will best understand, when you shall please to communicate them as they are directed, I shall not, I hope, seem when you hear or read them, to have made any sinister or uncomely use of your favour, in offering to you, and by our mediation to them, such considerations as carry with them, the weight, not only of temporal, but eternal lives; and the Concernment of many Souls as well as Bodies.  
Sir, I doubt not of your faithfulness in fulfilling my request to you, nor yet of your Candour, in not misinterpreting that modest freedom I have taken; for which, as I have the greatest compulsions from within, so I had no small invitations from yourself, and others of your Company yesterday; when by your wont and Commendable Courtesy you added many obligations to those which you formerly had upon  
Your most faithful friend and servant in the Lord, J. G. Jan. 5.1648.  
FINIS.