KING CHARLES VINDICATED, And THE PEOPLE, And THE ARMY, ADMONISHED.  
IMPRINTED, Anno Domini 1648.   

Matter of Law delivered by the JUDGES 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 then 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.    
At the Arraignment of Sir Christopher Blunt, and Master cuff. 

1. The Subject that Rebelleth, or Riseth in forcible manner to overrule the royal will, and power of the King, intendeth to deprive the King, both of crown, and Life: And the Law Judgeth not the Fact by the intent; but the intent by the Fact.  
2. If many do Conspire to execute Treason against the Prince in one manner, and some of them do execute it in another manner, yet their Act( though different in the manner) is the Act of all that conspire, by Reason of the general Malice of the intent.    
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 Husb. pag 251.543.  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 1641, For reviving and carrying on the bills before rejected, 
Tumults in Jan. & Decemb. 1641  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.  

A party of the House of Competition for the Militia  The remaining Party of the Knights, Citizens 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 the Lords and Commons at Westminster, February 2.  

Their Ordinance, for settling the Militia.  Also they tender to His Majesty an Ordinance for settling the power of the Militia in the two Houses of Parliament, February 24.  

The King his fears and jealousies.  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.  

The Kings condesentions, touching the Forts and Castles.  nevertheless ( to comply with them) His Majesty promised, that the Forts and Castles should always bee in such hands,( and only such) as the Parliament may safely confided in, January 28.  

The Tower of London.  Also his majesty accepted of Sir John Conniers to be Lieutenant of the Tower of London, in place of Sir John byron, February 11.  

The Militia of the kingdom.  Lastly, he accepted of the 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 bee cause, February 28.  
But they are now herewith satisfied; and they enforce their Petition, March 1. And set forth a Declaration of the grounds of their fears and Jealousies, March 9. And they Resolve, 
Their vote for settling the Militia.  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.  

The Kings farther compliance with them 1642.  Now ( in farther compliance) his Majesty condescended, 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 Corporations, which he had done formerly concerning the Counties.  
But nor doth this satisfy them: and secure they cannot bee( 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.  

They seize the Navy royal. Note. Jer. 27.9.  Now whether those Lords and Commons did put themselves into the Strength of the kingdom, 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 find more of confidence then of fear, more of audaciousness against the King than of solicitousnesse for the kingdom; and endeavour rather to subvert and destroy, than to preserve and maintain, the fundamental Constitution and Government of the kingdom and Parliament.  

Their deportment towards the King. Sir John Hotham.  Sir John Hotham keeps the King out of Hull. april 23. and the two Houses justify his traitorous Act, april 28. I call it A traitorous Act, because to hold 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, 
Mr. Martin.  Mr. 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.  

Sir Hen. Ludlow.  And Sir Henry 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, That they should not want duty ormodesty if they followed the highest presidents of other Parliaments: that is, 
Of deposing and murdering the King.  if they should depose and murder the King, as other unparraleld Parliaments had done, Edward and Richard both the Second.  

They declare against the kings negative Vote.  The Crown itself cannot 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 only 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 Judges 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 bee committed.  
5. To Admit such peers as shall bee 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 & 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, & 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 subjection, and to rebel?  
Whereupon, June 16. His Majesty in like manner published Propositions to his Subjects for bringing in Money and Plate, 
Why the King took up Arms. The kings War vindicatory and defensory.  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; but I omit them, 
The other Propositions why omitted.  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-making.  
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 adjourn at pleasure.  
And, that these their Propositions contain the ends for which at first they engaged in this war, and which they have fought for, and for which so much Blood hath been  shed, themselves tell us plainly, in their Declaration concerning the Scots Papers pag. 6. 20. 28.  

They Justify the Kings War  And doth not this justify the King and his party, their cause, and war, for vindicating, and maintaining the Respestive Powers, and Rights, of the Crown.  

Their proceedings relating to his Majesties Person.  Their Proceeding also at present, ( Relating to his Majesties Person) are according to their above-mentioned Speeches and Declarations.  
For, as when at first his Majesty put himself into their hands, they restrained him at New-castle, and Holmby; so now, upon refusing their four Bills, have they strictly imprisoned him at Carisbrooke Castle; 
Their resolution to settle th● Government without and against the King They prosecute the King and his posterity in order to the overthrow of Monarchy.  and never was a King of England imprisoned by His Subjects, but he was deposed and murdered. In Order whereunto they passed these 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, 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 Propositians,) Yet from Mr. Martins Speech and Sir Henry Ludlows, and from the Declaration of the two Houses of Parliament ( before arms were taken up, and before any Propositians sent to the King) it appears that from the beginning they had a design against His Majesty; 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 bee( if His Majesty were) guilty of any thing in relation to the war, or to the Propositions.  

Usurpers ever Murtherers.  But usurpers are ever Murderers, 2. Reg. 11.1. & Matth. 21.38, 39, &c.  
And doth not this justify the King and his party, their cause and war, for preservation of His royal Person, and Posterity?   

The Renewing of the war on behalf of his Majesty, against those Rebellious Lords and Commons.  

The grounds of renewing the war at present.  NO marvel then, if at present the war be renewed on behalf of his Majesty upon the same Reasons and grounds, 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.  

1. By foreign Princes and States.  And for those reasons 'tis likely, 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 Crown, and of the horrid designs against the royal Progeny.  

2. By his Majesties loyal Subjects.  And now that they are visibly acting, and completing their traitorous, and rebellious designs, upon the King, and against the crown; 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 bee made against his, or their persons, their Crown and dignity.   

An Admonition to the People.  
And how should the abused, and misled People of the Kingdom, be enraged against you, 
3. By the misled People of the kingdom.  who under the pretence of preventing a present Danger, have wound yourselves into the chief power, and Government of the kingdom. And under the specious pretences of fighting for Religion, and Liberty engaged them in the maintenance of their usurpation, and made them instrumental to promote Rebellion And by means of the late War have brought grievous, and unsupportable calamities upon them, especially decay of trade, Cattle, & husbandry, whereby many thousand Families are reduced to extreme beggary, and the whole kingdom( at this day) languisheth under a dearth and scarciety.  
And considering their protestation, and the national Covenant how should they endeavour to bring to condign punishment, those Pests of the Common-Wealth, who have not only themselves done contrary to those oaths, but 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 bee 
n =" *" For why? Crimen laese vel Dom●natae Majestatis, is high Treason.  diminished: and so through their distoyalty, and perjury, 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 bee obliged by Law for ever; to submit to a military power, and pay what moneys shall bee imposed for their maintenance: And so wee shall bee commanded by an everlasting Army, as wee are to bee Governed by an everlasting Parliament.  

Why the Army engage against the King.  And hence is it, I believe that the Army are offended with his Majesty; and because he would not establish them, therfore will they establish a government without him.  

How the King hath especially obliged his Subjects.  And hence are his Subjects more especially bound to his Majesty, who hath preferred their liberty to his own safety.  
But why must the Army, and pay for the Army, bee established? because that rebellion cannot bee upheld but by force and oppression. 
Rebellion and Oppression go together.   

By trampling on the subject, they climb up into the throne.  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 day: and so long as their rebellion lasts, will they expect to be supplied by us. Hence they endeavour to make good their late proceedings by a subsequent Act, as appeareth by the second Bill presented at Carisbrooke, to his majesty.  

Ours cannot be the Kings Redemption and Restitution.  Nor is there any hope of ours; 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.  

The unworby and unwise dealing of those that engage against the King.  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 unwifely do they deal engaging to maintain this rebellion, which cannot be, but by continuing and increasing their own oppression, by the Parliament and by the Army.  
How much rather ( for their own sake) should they press, and enforce his Majesties return to his Parliament, and to his government; that so they and wee may bee delivered from the tyranny, of our grand Seniors and their janissaries.  

The near Relations be tweene the King, and the kingdom, and their mutual sufferings.  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 Ea. of Strafford: The King and his people are obliged one to another in the nearest relations: he is the father, he is the husband of the Common wealth: 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 cannot 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 offender, and never attains to the desired end( two incidents inseparable thereunto.) Cook 3. pars instit. P. 36.  
And in case of Treason, felony, and breach of peace, there is no privilege of parliament. Cook 4. part Instit. 25.  
Stand in awe, and sin not 4. Psa. 4.  
FINIS.