NOT GUILTY Plead for the LORDS, and others, of the KING'S Party.  
THE PREFACE.  
THe justness of the KING'S Cause, is the justification of His Party, in the late Wars.  
Whereas then, the late pretended High Court of justice charged His Majesty, That He levied War against the Parliament for erecting and upholding in Himself an unlimited and tyrannical Power, to rule according to His will, etc. It will be necessary, for the vindication of His Party, to show first, That the KING took up Arms to maintain Regal Government, and His Legal Power only.  
And whereas they alle●ge, in their Charge, That the KING levied War against the Parliament [first] at Beverly, about the 30 of june, 1642. I will make it clear, from their previous words and actions, that they were first engaged in Treason and Rebellion, against the KING, and against the Crown; for which they have no warrant or protection by the Privilege of Parliament. And the Subjects are bound by the Law, and by their Allegiance to Serve the KING against every Rebellion, Power, and Might, reared against Him within this Land, 11 Hen. 7.1. And if the KING shall happen to be vanquished, Subjects shall not suffer any thing, for the said Deed, Duty, and Allegiance: And all Acts of process of Law hereafter to be made to the contrary, are to be void, Ibid.   

TO pass by the two Bills brought into the House of Commons, for taking away Bishop's root and branch, 
Two Bills about Bishops & the Militia, Husb. p. 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, 
Tumults in jan. and Decemb. 1641.  1641. 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 Wanrre between the King, and a Party of the Lords and Commons in Parliament.  
The remaining Party of the Knights, 
A Party of the House of Com. petition for the Militia.  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, Jan. 28. And the same Petition to His Majesty is renewed by the remaining Party of the Lords and Commons at Westminster, Feb. 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 settling the Militia.  Feb. 24.  
Which Petition and Ordinance begot in His Majesty also fears and jealousies, 
The King his 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, Jan. 28.  
Nevertheless (to comply with them) His Majesty promised, 
The King's condescensions, touching the Forts & Castl. The Tower of London.  that the Forts and Castles should always be in such hands, (and only such) as the Parliament may safely confide in, Jan. 28.  
Also His Majesty accepted of Sir John Conniers to be Lieutenant of the Tower of London, in place of Sir John Byron, Feb. 11.  
Lastly, 
The Militia of the Kingdom.  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 be cause, Feb. 28.  
But they are not herewith 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 Majestics 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 aught to be obeyed, by the fundamental Laws of the Land, March 15.  
Now (in farther compliance) His Majesty condescended, 
The Kings farther complianc' with them. 1642  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 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, to prepare against Danger, 
They seize the Navy Royal. Note. jer. 17.9.  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 than of fear, more of audaciousness against the KING than of solicitousness 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, April 23. 
Their deportment towards the King. Sir. Jo: Hotham.  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 says openly in the House of Commons, 
M. Martin.  and unreproved, That the KING's 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, 
Sir H. 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 thry should not want duty or modesty if they followed the highest precedents of other Parliaments: that is, if they should depose and murder the King, as other unparallelled Parliaments had done, Edward & Richard both the Second.  
The Crown itself cannot escape them. 
They declare against the King's negative Vote.  For in the same Declaration, they deny the KING's 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 Conncell, 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 be committed.  
5. To admit such Peers as shall be made hereafter, to sit and vote in Parliament.  
And June 10. 
Why those Lords & Com. took up Arms.  They sent forth Propositions for bringing in Plate and money, and raising an Army, To make good what they had taken from, 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 yoks of subjection, and to Rebel?  
Whereupon, 
Why the King took up Arms. The King's War vindicatory & desensory.  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-Royall Person, Dignity, and Posterity.  
And is not this to take up Arms, for suppresing Rebellion, against himself, his Family, and the Crown?  
And what the Lords and Commons declared, and proposed from the beginning, against the King, and against the Crown, the same in every particular did they demand in their Treaties at Oxford, 1642. and at Uxbridge, 1644. And in prosecution of those Demands, and of their Rebellion, did they prosecute, and continue the War, until they had subdued the King and his party, 1646.  
And the King being wholly in their power, 1647. at Carubrook Castle, they sent him 4. Bills, with new Propositions of Peace, 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, 
The Propositions the same as formerly; and so the Grounds & ends of their War are the same.  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 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 Counsellors.  
4. That they take away the Court of Wards, and Forrest 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 Proceed 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 and Bills 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.  
And doth not this justify the King and His Party, 
They justify the Kings War.  their Cause, and War, for vindicating, and maintaining the Respective Powers, and Rights of the Crown?  
Their Proceeding also then (Relating to His Majesty's Terson) were according to their  Speeches and Declarations.  
For, as when at first His Majesty put Himself into their hands, they restrained Him at Newcastle, and Holmeby; so upon refusing their 4 Bills did they strictly Imprison Him at Carisbrooke-Castle; 
Their resolution to settle the Government without and against the King.  and never was a KING of England Imprisoned by His Subjects, but he was Deposed & Murdered. In Order whereunto they passed those Votes, Of making no more Addresses to the King, nor receiving any Message from Him, Jan. 1. And they set forth a Declaration expressing the Reasons of those Votes, Febr. 11. And the Army resolved to live and die with them, 
They prosecute the King and His Posterity in order to the overthrow of Monarchy.  in maintenance of those Votes, and in settling their designed Government without the KING, and against Him, Jan. 9 And though they seem to prosecute the King upon emergent provocations (that He made War against them, etc.) Yet from Mr. Martin's Speech and Sir Henry Ludlow's, 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; 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 King's Family and Posterity, also, who cannot be (if His Majesty were) guilty of any thing in relation to the War.  
But Usurpers are ever Murderers, 
Usurper's sever Murderers.  2. Reg. 11.1. & Matth. 12.38, 39, etc.  
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, 1648.  
NO marvel then, 
The grounds of renewing the War.  if the War now renewed the last year, by, and 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 KIN'S 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 when they were visibly acting, 
By his Majesty's Loyal Subjects.  and completing their traitorous and rebellious Designs upon the KING, and against the Crown; how were all His Majesty's loyal Subjects to 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 Heirs 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.  
And how could the abused and misled People of the Kingdom but be enraged against you, 
By the misled People of the Kingdom.  who under the pretence of preventing a present Danger, wound themselves into the chief Power and Government of the Kingdom. And under the specious pretences of fight for Religion and Liberty, engaged them in the maintenance of their usurpation, and made them instrumental to promote Rebellion.  
And considering their Protestation and the Nationall Covenant, how should English and Scots both endeavour to bring to condign punishment those Pests of the Commonwealth, 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 Posterity, Nis Honour, His Estate, His Authority, His just Power, and His Gr●●●nesse; which they Covenanted should not be 
(a) For why? Crimen lase vel Dominatae Majestaris, is High Treason.  diminished: and so through their disloyalty and perjury are like to involve us in new difficulties, and inextricable, unexpressible, unconceivable troubles and mischiefs.   

The true state of the late War.  
THus, upon the whole matter, a Rebellious Party of Lords and Commons assembled in Parliament, took up Arms, to overthrow the Fundamental Constitution and Government of the Kingdom; and to destroy HIS MAJESTY and His Royal Family, together with Monarchy: And the KING took up Arms to suppress this horrid-Rebellion: And His Subjects, according to their bounden duty, served Him in His Wars; both in the first, and in the second War: And for this service in both, I pronounce them, NOT GUILTY.    

Postscript.  
Reader,  
WHereas the KING is farther charged, by the late War, to have violated the Oath taken at His Coronation, there is nothing less.  
For, by that Oath He binds Himself, as to protect His loyal Subjects, so to do justice upon Rebels and Traitors.  
Saint Paul also tells us, That the higher Power is to protect and punish, both.  
Wilt thou not be afraid of the Power? do that which is good, and thou shalt have praise of the same.  
For, he is the Minister of God to thee for thy good; But if thou do that which is evil, be afraid, for he beareth not the Sword in vain; for he is the Minister of God, a revenger to execute wrath upon him that doth evil, Rom. 13. v. 3, 4.  
And they who set up Judicatories, and Courts of Justice, not by God's Authority, but the People's pretended Power, and proceed not as His Ministers, but as their Officers, do not indeed execute justice, and judgement, but kill and murder, under pretence of judgement and justice..  
O consider this you that forget God, Psal. 50.22.  
FINIS.