KING CHARLES VINDICATED: AND THE PEOPLE and army ADMONISHED.  
Matter of Law delivered by the Iudges, at the arraignment of the earl of ESSEX.  


1. For Subjects to put themselves into such a strength that the King cannot resist them, and to compel him to govern otherwise than according to his own royal Authority, and direction, is manifest Rebellion.  
2. The deposing and murdering of the King is a Consequent in every Rebellion: The rebel not suffering the King to live, or reign, that may punish him for his Rebellion.    
LONDON, Printed in the Year, 1648.   

King Charles VINDICATED  
TO pass by the two bills brought into the House of Commons, for taking away Bishops, root and branch; 
Two Bills about Bishops and the Militia, Stusb. 251.543, Tumults in Ian,& Decemb, 1641.  and for taking the Militia from the King, and settling it in other hands:( both which bills were rejected in a full and free Convention of Parliament) Also to pass by the Tumults raised in December and january 1041. For reviving and carrying on the bills before rejected, by driving away the dissenting Members, and new moulding the two Houses of Parliament.  

The beginning of the war between the King, and a party of the Lords and Commons in Parliament.  
The remaining Party of the Knights, Citizens, 
A party of ●he H of come petition for the Militia  and Burgesses of the House of Commons possessed with fears and jealousies of a design to destroy the Parliament and Kingdom, petition his majesty that he would be pleased forthwith to put the Tower of London, and all other Forts, and the whole Militia of the Kingdom, into the hands of such Persons as shall be recommended by them, january 28. And the same Petition to His Majesty is renewed by the remaining Party of Lords and Commons at Westminster, February 2.  
Also they tender to His Majesty an Ordinance for settling the power of the Militia in the two Houses of Parliament, 
Their Ordinance for fetling the Militia The K his fears and jealousi●s  February 24.  
Which Petition and Ordinance begot in His Majesty also fears and jealousies, of a design against himself, and against the Crown, to take away his rights, and to alter the fundamental laws, and Government of the Kingdom, as appears by his Answer, january 28.  
nevertheless( to comply with them) his Majesty promised, 
The Kings condescensions, touching the Forts and Castles. The tower of London.  that the Forts and Castles should always be in such hands( and onely such) as the Parliament may fifely confided in, january 28.  
Also his Majesty accepted of Sir John Conniers to be Lieutenant of the Tower of London, in the place of Sir John byron, February 11.  
Lastly, 
The Militia of the Kingdom.  he accepted of Lieutenants, by them nominated, to be entrusted with the Militia of the Counties, and offered to grant them Commissions, and Powers, as he had done this Parliament to some Lords Lieutenants by their advice; promising also to continue the same so long as there should be cause, February 28.  
But they are not ●erewith satisfied; and they enforce their Petition, 
Their vote for settling the Militia.  March 1. And set forth a Declaration of the Grounds of their fears and jealousies, March 9. And they Resolve, and Vote, That in case of extreme danger,( as at this time) and upon his Majesties Refusal, the two Houses of Parliament have power to order the Militia of the Kingdom; and the Ordinance agreed on by both Houses for the Militia, doth oblige the People, and ought to be obeied, by the fundamental laws of the Land, March 15.  
Now( in farther compliance) his Majesty condescended, 
The Kings further compliance with them, 1643.  That as the Militia was disposed according to their desires, So it should not be executed without their advice, April 28.  
And then also he granted the same for the Coporations, which he had done formerly concerning the Counties.  
But nor doth this satisfy them; and secure they cannot be ( in their own opinion) unless they have the sole Power of disposing and executing the Militia without the King. Nor unless they have the navy Royal also, which they seized, and disposed of, March 28.  
Now whether those Lords and Commons did put themselves into the Strength of the Kingdom, 
They serz the Navy royal. Note. jer. 79.  to prepare against Danger, or for a design, the consequents must show: preceding Actions of this nature( by reason of the deceivableness of the heart of man) being not to be rightly understood, but by the subsequent Managements.  
And in their deportment afterward, I sinned more of confidence than of fear, more of audaciousness against the King than of solitousnesse for the Kingdom; an endeavour rather to subvert and destroy than to preserve and maintain the Fundamental Constitution and Government of the Kingdom and Parliament.  
Sir John Hotham keeps the King out of Hull, 
Their deportment towards the King. Sir John Hotham.  April 23. and the two Houses justify his traitorous Act, April 28. I call it A traitorous Act, because to bold a Fort or Castle against the King, is to levy War against the King: which is High Treason by the Statute of 25. Edw. 3.  
Not long after, 
M. Martin.  M. Martin says openly in the House of Commons, and unreproved, that the Kings Office is forfeitable, and that the happiness of this Kingdom did not depend upon his Majesty, or any of the Royal Branches of that Root.  
And Sir Henry Ludlow, 
S. Hen. Ludlow.  that he was not worthy to be King of England; which doubtless was the sense of the Parliament; for May 26, both Houses declare, 
Of deposing and murdering the King.  That they should not want duty or modesty if they followed the highest presidents of other Parliaments; that is, if they should depose and murder the King, as other unparalleled Parliaments had done, Edward and Richard both the Second. 
They declare against the Kings negative Vote.   
The Crown itself can not escape them. For in the same Declaration, they deny the Kings Negative Vote in Parliament.  
And to deprive the King and Crown of their power, not onely in Law making, 
Their propositions destructive of Monarchy.  but also in Governing, june 2. They offer to his Majesty Propositions, destructive of Regality and Monarchy, viz. For the two Houses of Parliament 

1. To nominate the Lords of the Privy council, and all the great Officers and Ministers of State, and the chief Iudges of the Land.  
2. To reform Church-government, and the liturgy as they shall think fit; and to call, and consult with Divines to that purpose.  
3. To dispose and execute the Militia of the Kingdom, according to their Ordinance.  
4. To approve those to whom the Command and Custody of the Forts and Castles shall be committed.  
5. To Admit such peers as shall be made hereafter, to sit and vote in Parliament.    
And june 10. They sent forth Propositions for bringing in Plate and Money, and Raising an Army, To make good what they had taken from, 
Why those Lords and come, took up Arms.  and declared against, and proposed to his Majesty; viz. To keep the Forts and Castles, and the Militia and Navy from Him; and to take from Him and from the Crown the Power of Law making, and governing the Church and State: and to depose, and to destroy Him; and to root out his Posterity, together with Monarchy.  
And is not this by force of arms to shake off the yoke of of subjection, and to rebel?  
Whereupon, 
Why the King took up Arms. The Kings Wats vindicatory& defensory.  june 16. His Majesty in like manner published Propositions to his Subjects for bringing in Money and Plate, to raise an Army, for recovering the Forts, Castles, Militia, and Navy; and for maintaining and defending his Negative Vote, and the Power of the Crown, in Law-making and Governing; and for defence and preservation of his royal Person, Dignity, and Posterity.  
And is not this to take up arms for suppressing Rebellion?  
I know there were several other Propositions offered to his majesty before and since the War; 
The other propositions why omitted.  but I omit them, because themselves do not finally insist on them.  
And now what those Lords and Commons declared and proposed from the beginning, Against the King, and against the Crown, the same in every particular do they propose and demand at this day: as appears by the New Propositions of Peace, 
Their propositions at present are the very same as formerly;& so the grounds and ends of their War are the same, Dec. 1647.  and the four bills sent to his Majesty at Carisbrook Castle, which we had not known but by the Answer of the Scots Commissioners: and they tell us.  

1. That the Preface compared with other parts of the Propositions, takes away the Kings Negative Voice, and cuts off all Royal Power and Right in Law-waking.  
2. That they divest the King, his Posterity and the Crown for ever of all Power and Right of the Militia.  
3. That they deprive the King of conferring Titles of Honour, and of disposing of the great Officers of State, and the naming of Privy Counselours.  
4. That they take away the Court of Wards and forest Lands from his majesty.  
5. That the Four bills were as followeth. 

I. For settling the Militia of England and Ireland in both Houses of Parliament, and for raising Money for maintenance of Forces at Sea and Land, by the two Houses of Parliament.  
II. For justifying the Proceedings of Parliament in the late War.  
III. That all peers lately made, or to be made hereafter shall not sit or vote in Parliament, but by the consent of the two Houses.  
IV. That the two Houses shall have power to adjourns at pleasure.     
Their Proceedings also at present, 
Their proceedings relating to his Majesties person. ( Relating to his Majesties Person) are according to their above-metioned Speeches and Declarations.  
For, as when at first his Majesty put himself into their hands, they restrained him, at New-castle and Holmby; so row, upon res●ing their Four bills, have they strictly imprisoned him at Carisbrook Castle; and never was a King of England imprisoned by his Subjects, but he was deposed and murdered. In order whereunto they passed there Votes, of making no more address to the King, nor receiving any Message from Him, january 1. And they have set forth a Declaration expressing the Reasons of those Votes, February 11. And the Army are resolved to live and die with them, In maintenance of those Votes, and in settling their designed Government Without the King, 
There resolution to to settle the Government without and against the King.  and against Him, january 9. And though they seem at present to prosecute the King upon emergent Provocations,( that He made War against them, that he Would not assent to their Propositions.) Yet from M. Martins Speech and Sir Henry Ludlows, and from the Declaration of the two Houses of Parliament( before arms were taken up, and before any Propositions sent to the King) it appears, that from the beginning they had a design against His majesty; 
They prosecute the King and his posterity in order to the overthrow of Monarchy.  and what was spoken and declared then is agitated and pursued now;( as then) merely in order to their great design against Royalty and against Monarchy.  
In order whereunto they declare now against the Kings Family and Posterity. Also who cannot be( if his majesty were) guilty of any thing in relation to the War, or to the Propositions. 
Usurpers ever Murthere●….   
But usurpers are ever Murderers, 2 Reg. 11.1. & Matth. 21.38, 39, &c.   

The Renewing of the war on behalf of his Majesty, against those Rebellions Lords and Commons.  
NO marvel then, if at present the war be renewed on behalf of his Majesty upon the same Reasons and grounds, 
The grounds of renewing the war at present.  that himself at first undertook it:( viz.) For recovering the Forts and Castles, and the Militia, and the Navy, taken and detained from his Majesty, and for defending, and maintaining the Kings negative vote, and the power of the King and crown, in Law making and governing; and for delivering his Majesty out of Prison; and for preserving the Royal Posterity.  
And for those Reasons us likely, 
1. By foreign Princes and States.  that other Princes and States will engage for the King, who cannot but be sensible of these insolences upon his sacred person, and of the bold attempts made against the Crowns, and of the horrid designs against the Royal Pregeny.  
And now that they are visibly acting, and completing their traitorous, and rebellious designs, upon the King, 
2. By his Majesties loyal Subjects.  and against the Crowns; how should all his Majesties loyal Subjects rouse and arm themselves for the rescue of the King, and of the crown; being bound by the Oath of allegiance, to bear faith, and true allegiance to his Majesty, his heires and successors, and him and them to defend to the utmost of their power, against all conspiracies and attempts whatsoever, which shall be made against his, or their persons, their crown and dignity.   

An Admonition to the People.  
And now that their pretences of Reformation, and liberty, prove to be wear stratagems, and delusions, 
3. By the misled people of the Kingdom.  how Should the abused, and misled people of the kingdom be enraged against them? who under these specious pretences have drawn them in to Rebellion; and by that means have brought grievous, and ensupportable calamities upon them, especially decay of trade, Cattle, and husbandry; whereby many thousand Families are reduced to extreme beggary, and the whole kingdom( at this day) languisheth under a dearth and scarcity.  
And considering their protestation, and the national Covenant how should they endeavour to bring to condign punishment, who have not onely themselves done contrary to those oaths, ●… u have forced others also to do the like, in all things concerning the King, his person, his honour, his estate, his authority, his just power, and his greatness; which they covenanted should not be 
For why? 〈…〉, is high Treason.  diminished; and so through their disloyalty and pejury, are like to involve us in new difficulties; and inextricable, unexpressible; unconceivable troubles and mischiefs.  
Lastly, I find by the Scots papers aforesaid, that the Contrivers of the new propositions, demand of his Majesty an establishment of the Army by Law; and that the Subjects should be obliged by Law, for ever to submit to a military power, and pay what moneys shall be imposed for their maintenance.  
And hence is it, 
Why the Army engage against the King.  I believe that the Army are offended with his Majesty; and because he would not establish them, therefore will they establish a government without him.  
And hence are his Subjects more especially bound to his Majesty, 
How the king hath especially obliged his Subjects.  who hath preferred their liberty to his own safety.  
But why must the Army, and pay for the Army, be established? 
Rebellion and Oppression go together.  because that rebellion cannot be upheld, but by force and oppression.  
At first, they became Rebells and Tyrants together; when( by vote) they settled the Militia in themselves, and required the Subjects to obey them, and by usurping upon our persons, and estates, have they maintained that usurpation against the King to this days and so long at their rebellion lasts, will they expect to be supplied by us.  
Nor is there any hope of ours; 
Ours 〈◇〉 be the kings Redemption, and Restitution.  but by the Kings redemption; nor of ours, but with his restitution; which let us endeavour speedily, and vigorously, as on behalf of his Majesty, so for our own ease and liberty.  
How unworthily then do they deal with the King who engage with the Army, that engaged against the King because he would not betray our liberty? and how unwisely do they deal engaging to maintain this rebellion, which cannot be, but by continuing and increasing their own oppression?  
How much rather( for their own sake) should they press, 
The unworthy and unwise dealing of those that engage against the king.  and enforce his Majesties return to his Parliament, and to his government?  
I shall conclude with what the house of Commons gave Mr. Pym in charge to deliver upon the prosecution of the Bill of attainder against the earl of Strafford: The King and his people are obliged one to another in the nearest relations: he is the father, 
The near Relations between the king, and the kingdom, and their mutual sufferings.  he is the husband of the Commonwealth: they have the same interests; they are inseparable in their condition, be it good or bad: he is the Head, they are the Body: there is such an incorporation as canner be dissolved without the destruction of both.   

An admonition to the Army  
fear the Lord and the King, and meddle not with them that are given to change; for their calamities shall rise suddenly, and who knoweth the ruin of them both? Prov. 24.21.22.  
Peruse over all books, Records, and Histories, and you shall find it a principle in Law, a Rule in reason, and a trial in experience, that treason doth ever produce fatal and final destruction to the o 〈…〉der, and never attains to the desired end( two ●…dents inseparable thereunto.) Cooks 3. pars instie P. ●●  
And in case of treason, felony, and breach of peace, there is no privilege of Parliament. Cook 4. pars. In●… i●, 25.  
FINIS