King CHARLES the First, no Man OF BLOOD: BUT A MARTYR FOR HIS PEOPLE. OR, A sad, and impartial enquiry, whether the King or Parliament began the war, which hath so much ruined, and undone 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 trod Act 3. Printed in the year 1649. King CHARLES the First, No Man of Blood: BUT A Martyr for his People. THAT there hath been now almost seven years spent in civil-wars, abundance of bloodshed, and more ruin and Misery brought upon the kingdom by it, than all the several Changes, Conquests and civil-wars it hath endured from the time of Brute, or the first Inhabitants of it; every man's woeful experience (some only excepted who have been gainers by it) will easily assent unto. No marvel therefore that many of those (who if all they allege for themselves, that they were not the cause of it, could be granted to be true) might either have hindered or lessened it: would now put the blame of so horrid a business from themselves, and lay it upon any they can persuade to bear it. And that the conquerors, who would bind their Kings in chains and their Princes with fetters of Iron, and think they have a Commission from Heaven to do it (the guilt of it being necessarily either to be charged upon the Conquerors or conquered) are not willing to have their triumphant chairs, and the glories (as they are made believe) that hang upon their shoulders defiled with it; but do all they can to load their Captives with it: But howsoever, though the success and power of an Army hath frighted it so far out of question as to charge it upon the King, and take away his life for it; by making those that must of necessity be guilty of the fact; if he should have been (as in all reason he ought to have been acquitted of it) the only Judges of him. It may well become the judgement and conscience of every man that will be but either a good Subject or a Christian, not to lend out his soul and Salvation so much on trust, as to take those that are parties, and the most ignorant sort of men's words for it: but to enter into a most serious examination of the matter of Fact itself, and by tracing out the footsteps of Truth, see what a conclusion may be drawn out of it. In pursuance whereof (for I hope the original of this Sea of blood will not prove so unsearchable as the head of Nile.) we shall inquire who first of all raised the fears and jealousies. 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, until the 25. Aug. 1642. when he set up his Standard at Nottingham, & from the setting up of his Standard until 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 obtained from them, by messages of Peace sent unto them. Thirdly, whether a Prince or other Magistrate, labouring to suppress or punish a rebellion of the People, be tied to those rules are necessary to the justifying of a war if it were made between equals. Fourthly, suppose the war to be made with a neighbour Prince, or between equals, 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 war, and who to lengthen it. Eightly, Whether the Conditions proffered by the King; would not have been more profitable for the People if they had been accepted, and what the kingdom and People have got instead of it. CHAP. I. Who first of all Raised the fears and Jealousies? THE desiring of a guard for the Parliament because of a tale rather than a plot; That the Earl of Crawford had a purpose to take away the Marquis of Hamiltons life in Scotland; the refusing of a legal guard offered by the King; and His Protestation to be as careful of their safety, as of the safety of His Wife and Children. The dream of a tailor lying in a ditch in Finsbury fields, of this and the other good Lord, and commonwealth's men to be taken away, The training of horses under ground, and a plague plaster (or rather a clout taken from a galled horse back) sent into the house of Commons to Mr. Pym. A design of the Inhabitants of Covent-Garden to murder the City of London; News from France, Italy, Spain and Denmark, of Armies ready to come for England; and a supposition, or feverish fancy, That the King intended to introduce Popery, and alter Religion, and take away the laws 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 party, 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 whilst he did all he could to show them, that there was no cause for it, they who were jealous without a cause, could be so cunning as to make all the haste they could to weaken Him, and strengthen themselves, by such kind of artifices. But he 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 Earl of Essex and Sir Thomas Fairfax themselves understood to be no better than Rebels, and therefore served in places of Command in His majesty's 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 himself not long after by a Printed remonstrance or declaration made to the People of all they could but imagine to be errors in his government, arraigned and little less then deposed: The Bishops and divers great Lords driven from the Parliament by Tumults; Was enforced to keep his gates at Whitehall shut, and procure divers captains and Commanders to lodge there, and to allow them a table to be a guard for him, and had been fully informed of many traitorous Speeches used by some seditious mechanics of London as that It was pity he should reign, and that The Prince would make a better King; was yet so far from being jealous, or solicitous to defend himself by the Sword and power which God had entrusted 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 seem to be for the good of his People) every thing they could reasonably ask of him, or he could but reasonably tell how to part with (though he could not be ignorant, but an ill use might be made of them against himself) As the putting down of the star-chamber, and high Commission Court; the Courts of Honour, and of the North and Welsh marches; Commissions for the making of gunpowder, allowing them approbation or nomination of the lieutenant of the Tower, and did all and more than all his Predecessors put together, to remove their jealousies. And when that would not do it; stood still, and saw the game played on further; Many Tumults raised, many Libels and Scandalous Pamphlets publicly Printed, against His Person and Government, and when he complained of it in Parliament so little care was taken to redress it, as that the people's coming to Westminster in a tumultuous manner, set on and invited by Pennington and Ven, two of the most active mechanic Sectaries of the house of Commons, it was excused and called a liberty of Petitioning: And as for the Libels and Pamphlets, the Licensing of books before they should be Printed, and all other restraint of the Printing presses were taken away, and complaints being made against Pamphlets and seditious books, some of the Members of the house of Commons were heard to say the work would not be done without them; and complaints being also made to Mr. Pym against some wicked men which were ill affected to the Government; he answered, It was not now a time to discourage their Friends but to make use of them: And here being as many jealousies and fears as could possibly be raised or fancied without a ground on the one side; against all the endeavours could be used on the other side to remove them, we 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 coming of the People to the Parliament and White-Hall till the 13 of September 1642. being 18 days after the King had set up His Standard at Nottingham. When all the King could do to bring the Parliament to a better understanding of Him, did as they were pleased to make their advantage of it, but make them seem to be the more unsatisfied; that they might the better misrepresent Him to the People; and petition out of his hands as much power as they could tell how to persuade him to grant them, and that he had proofs enough of what hath been since written in the blood and hearts of His People, That the five Members and Kimbolton intended to root out Him and His Posterity; subvert the laws and alter the Religion, and Government of the kingdom, and had therefore sent his sergeant at arms to demand their persons, and Justice to be done upon them, instead of obedience to it, an order was made; That every Order●. Jan. 1641. man might rescue them, and apprehend the sergeant at arms for doing it; which Parliament Records would blush at. And Queen Elizabeth (who was wont to answer her better composed Parliaments upon lesser occasions with a Cavete ne patientiam Principis laedatis, Camden annals Eliz 99 103. and caused Parry a Doctor of the civil laws and a Member of the house of Commons by the judgement and advice of as sage and learned a privy council and Judges as any Prince in Christendom ever had; to be hanged drawn and quartered for Treason in the Ibidem p. 391. 394▪ & 395. old Palace of Westminster when the Parliament was sitting) would have wondered at. And 4. January 1641. desiring only to bring them to a legal-trial and examination, went in Person to demand them, and found that his own peaceable behaviour, and fewer attendants (Than the two Speakers of the Parliament had afterwards when they brought a whole Army at their heels, to charge and fright away eleven of their fellow Members) had all manner of evil 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 trained bands of London must guard them by Land, when there was no need of it, and many Boats and Lighters armed with seamen and murdering-pieces by water, and that unless he should have adventured the mischief and murder hath been since committed upon him, by those which at that time intended as much as they have done since; it was high time to think of his own safety, and of so many others were concerned in it; having left London but the day before, (upon a greater cause of fear th●n the Speakers of both Houses of Parliament in July 1647. to go to the Army) retires with the Prince his son (whom the Parliament laboured to seize and take into their custody) in his company towards York. 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 Vide the vote in Mr. Viccars broke entitled God in the Mount. p. 78. arrest or trouble any of them for it, he is declared to be an enemy to the Common-wealth. And when the King, to quiet the Parliament, 12 Jan. 1641. was pleased to signify that for the present he would waive his proceedings against the five Members and Kimbolton, and assures the Parliament that upon all occasions he will be as careful of their privileges as of his Life or his Crown: Yet the next day after, they Declared the Lord Digby's coming to Kingston upon Thames Collect, of Parl. and Decl. and K●●es Mess. and Decl p. 50 but with a Coach and six horses in it, to be in a Warlike manner, and disturbance of the commonwealth; and take occasion thereupon to order the sheriffs of all Counties in England and Wales, with the assistance of the Justices of Peace and trained bands of the several Counties to suppress any unlawful assemblies, and to secure the said Counties and all the Magazines in them. Ibm. 51. 14 January, 1641. The King, by a second Message, professeth to Ibm. 52. them he never had the least intention of violating the least privilege of Parliament, and in case any doubt of breach of privileges remain; will be willing to clear that, and assert those, by any reasonable way his Parliament shall advise him to: But the design must have been laid by, or miscarried, if that should have been taken for a satisfaction; and therefore to make a quarrel which needed not, they Order the morrow after a Charge and Impeachment to be made ready against Sir Edward Herbert the King's attorney-general, for Ibm. 53. bringing into the House of peers the third of that instant January, by the King's direction, a Charge or Accusation against Kimbolton and the five Members, &c. In February 1641. Seize upon the tower of London (the great Ibm 77 & 78. Magazine and storehouse of the kingdom) and set some of the trained-bands of London, commanded by Major general Skippon to guard it. 1. March 1641. Petition for the Militia, and tell him; If he would not grant 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 Earl of Northumberland, Lord high-admiral, to Rig, and send to Sea his majesty's navy; and notwithstanding that the King 4 March 1641: by his Letter directed to the Lord Keeper Littleton had signified that he 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 town Vede the Petition of some holderness men to the King; 6. July 1642 of Hull, the only fortified place of strength in the Kingdom, and made a garrison of it) summoned and forced in many of the trained soldiers of the County of York to help him to guard it. And eighth of March 1641, Before the King could get to York 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 go in person to suppress the Irish-Rebellion: That was Voted to be against the Law, and an encouragement to the rebels; and they Declare that whosoever shall assist him in his Voyage thither should be taken for an enemy to the commonweal. And 15 of March, 1641. Resolved upon the Question, That the several Commissions granted under the great-seal to the lieutenants of the several Counties were illegal 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 be accounted a disturber of the Peace of the Kingdom. April 1642. Sir John Hotham seizeth the King's Magazine at Hull, Ibm. 153. and when the King went but with a small attendance to demand an entrance into the town denies him; though he had then no Order to do it: Notwithstanding all which, the 28 of April 1642. they Vote, That what he had done was in obedience to the commands of both Houses of Parliament, and that the Kings proclaiming him to be a traitor was a high breach of privilege of Parliament; And Ordered All Sheriffs and Officers to assist their Committees sent down with those their Votes to Sir John Hotham. In the mean 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 be imprisoned, and put out of their places for it. Sir Henry Ludlow could be heard to say in the house of Comons, That the King was not worthy to reign in England; And Henry Ibm 550. Marten, That the Kingly Office was forfeitable, and the happiness of the kingdom 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 principal part of the King's regality, without which it was impossible either to be a King or to govern, and the Sword which God had given him, and his Ancestors (for more than a thousand years together had enjoyed) and none in the Baron's wars, nor any Rebellion of the kingdom since the very being or essence of it, durst ever heretofore presume to ask for; must now be wrestled for, and taken away from him. The Commissions of Array, being the old legal way by which the Kings of England had a power to raise and levy men for the defence of themselves and the kingdom, Voted to be illegal. The passage at Sea defended against him, and his Navy kept from him by the Earl of Warwick, whilst the King all this while contenting himself to be merely passive, and only busying himself in giving answers to some Parliament Messages and Declarations, and to woo & entreat 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 do it, unless they can make his demanding an entrance into Hull, with about twenty of his Followers, unarmed, in his Company, and undertaking to return 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 trained bands of Yorkshire writes his letter to the sheriff of that County to forbid Ihm. 169. 170. the trained bands, and commands them to repair to their dwelling houses. 12. Of May 1642. Perceiving himself everywhere endangered and a most horrid Rebellion framing against him, and Sir John Hotham so near him at Hull as within a day's journey of him; moves the County of York for a troop of horse, consisting of the prime Collect. Par. Decl. 183. gentry of that County, and a Regiment of the trained bands of foot, to be for a guard unto him, and caused the Oath of Allegiance to be administered unto them. But the Parliament thereupon Vote; That it Ibm 259. appeared, the King seduced by wicked council, intended to make a War against them (and till then if their own Votes should be true must acquit him from any thing more than an intention, as they call it, to do it) And that whosoever should assist him are traitors by the fundamental laws of the kingdom. The Earl of Essex lord-chamberlain of the King's household, and all other of the King's household Ser. ants forbid to go to him, & the Kings putting some of them out, & others in their places, Voted to be an injury to the Parliament, Messengers were sent for the apprehending some Earls and Barons about him, and some of his bedchamber, as if they had been Felons. The Lord Keepers going to him with the great-Seal when he sent for him, voted to be a breach of privilege, and pursued with a warrant directed to all Mayors and bailiffs to apprehend him. Cause the King's Rents and Revenues to be brought in to them; and forbid any to be paid him; Many of his Officers and Servants put out of their places for being loyal unto him, and those that were ill affected to him, put in their rooms; and many of his own Servants tempted and procured by rewards and maintenance to tarry with them and be false and active against him. The twenty sixt day of May 1642. a Declaration is sent to the King; but printed and published before he could receive it: That Whatsoever they should Vote, is not by Law to be questioned, either by the King or Subjects; No precedent can limit or bound their proceedings. Ibidem p. 297. &. 298. A Parliament may dispose of any thing wherein the King or People have any right. The sovereign power resides in both Houses of Parliament. The King hath no Negative voice. The levying of war against the personal commands of the King, though accompanied with His presence, is not a levying of war against the King; but a levying war against His laws and Authority (which they have Power to declare) is levying of war against the King. Treason cannot be committed against his Person otherwise then as he was entrusted. They have Power to judge whether he discharge His trust or not, that if they should follow the highest precedents of other Parliaments patterns, there would be no cause to complain 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 trained bands of the kingdom to Rise, March, or Muster. Ibm. 301. But the Parliament, on the same day Command all Sheriffs, Justices of Peace and Constables within one hundred and fifty miles of York, to seize and make stay of all arms and ammunition going thither: And Declaring the said Proclamation to be void in Law; Command all men to Rise, Muster and March, and not to Muster or March by any Ibm. 305. other Authority or Commission; and the Sheriffs of all Counties the morrow after, Commanded with the posse Commitatus to suppress any of the King's Subjects that should be drawn thither by his Command; Secure and seize upon the Magazines of the Counties Protect all that are Delinquents against him, make all to be Delinquents that attend him; and censure and put out of the house of peers, nine Lords at once, for obeying the King's summons and going to him. 3. June 1642. The King summoning the ministry Gentry, and. Freeholders of the county of York, declared to them the reasons Ibm 328. of providing himself a guard, and that he had no intention to make a war, and the morrow after forbade the Lord Willoughby of Parham Ibm. 333 to Muster and train the county of Lincoln, who under colour of an Ordinance of Parliament, for the Militia, had begun to do it. 1●. June 1642. The Parliament by a Declaration signifying; That the King intended to make a War against his Parliament; invited the 〈◊〉. 339. 〈◊〉. 342. Citizens of London, & all others, well affected (as they pleased to miscall 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 King's Person and Authority; ●ree course of Justice, laws of the Land, and privileges of Parliament; and the morrow after send 19 propositions to the King; That the great affairs of the kingdom and Militia, may be managed by consent and approbation of Parliament, all the great officers of Estate, Pri●y council, Ambassadors and Ministers of State, and Judges be chosen by them; that the Grvernment, Education and Marriage of the King's Children be by their consent and approbation, and all the Forts and Castles of the kingdom put under the Command and Custody of such as they should approve of, and that no peers to be made hereafter, should sit or vote in Parliament without the consent of Parliament; with several 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 Collect. of Parl. Mess. and Declar. 307 308 309. himself and his posterity) and then they would proceed to regulate his Revenue, and deliver up the town 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 royal privileges than his demanding of the 5. Members and Kimbolton, if it had not Ibm 346. & 348. been lawful for him so to do, could be of theirs) granted a Commission of array for the county of Leicester to the Earl of Huntington and by a letter sent along with it, directed it for the present only to Muster and Array the trained-bands. And 13. June 1642. Declared to the Lords attending Him at York; That he would not engage them in any war against the Parliament unless it were for his necessary defence: whereupon the L. keeper Litleton Ibm. 349. 350. who a little before had either been affrighted or seduced by the Parliament to vote their new Militia. The Duke of Richmond, Marquis Hartford, Earl of Salisbury, Lord Gray of Ruthen (now Earl of Kent) and divers Earls and Barons engaged; not to obey any Order or Ordinance concerning the Militia had not the royal assent to it. And fourteenth of June 1642. Being informed; That the Parliament endeavoured to borrow great sums of money of the City of Ibm. 350. London, and that there was great labour used to persuade 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 sheriffs of London disavowing any purpose of making a war: declared; That He had not the least thought of raising or using of forces unless he should be compelled to do it for His own defence; and forbiddeth therefore, the lending of money or raising of horses. And within two days after, the Lord Keeper, Duke of Richmond, Marquis Hartford, Earl of Salisbury, Lord Gray of Ruthen with 17 Earls and 14. Barons, the Lord chief-justice Banks, and sundry others of eminent quality and reputation; attest His majesty's Declaration and profession that he had no intention to make a war; but abhorred it; and, That they perceived no counsels or preparations tending to any such design; and send it with Ibm. 356. 357. His majesty's Declaration to the Parliament: In the mean time the Committee of Parliament (appointed to make the propositions to the city 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 indeed there had been some design and Resolution a year before concerning the melting of plate to raise moneys) already great store of plate, and moneys brought into Guild-Hall; for that purpose and an Ordinance of Parliament was made for the Earl of Warwick to be Lord admiral, and keep the Navy, though the King had commanded him upon pain of Treason to deliver up the Ships to Him: And the Lord Brooke sent down into Warwick-shire to settle the Militia. 17. June 1642. A Committee of both Houses was appointed to go to the city of London to inquire what store of Horse, moneys and Plate were already raised upon the Propositions. 18. June 1642. The King by His Proclamation, Disclaiming any intention to make war against His Parliament, forbiddeth all levies of Forces without His majesty's express pleasure signified under His great-seal. And 20. June 1642. Informing all His Subjects, by His Proclamation of the lawfulness of His Commissions of Array; That besides Collect. Par. Decl. ●●●. &. 374. many other Warrants and Authorities of the Law; Judge Hutton and Judge Crook in their arguments against the Ship-money, agreed them to be lawful; and the Earl of Essex himself had in the beginning of this Parliament accepted of one for the county of York. Gave His People to understand; That he had awarded the like Commissions into all the Counties of England and Dominion of Wales to provide for, and secure them in a legal way; lest under a pretence of danger, and want of Authority from His majesty to put them into a Military postu●e, they should be drawn and engaged in any opposition against Him, or His Just Authority. But 21. June 1642. The Lords and Commons in Parliament Declaring Ibm. 376. The design of their Propositions of raising Horse and Moneys was to maintain the Protestant Religion, and the King's authority and Person, and that The Forces already attending His majesty, 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. months before) did evidently appear to be intended for some great and extraordinary design (so as at this time also they do not charge the King with any manner of action of war, or any thing done in a way or course of war against them) and gave just cause of fear and jealousy 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 war against their sovereigning) did forbid all Mayors, sheriffs, bailiffs and other Officers to publish His majesty's said Letter to the city of London, And declare that if he should use any force for the recovery of Hull, or suppressing of their Ordinance for the Militia, it should be held a levying war against the Parliament; and all this done before His majesty had granted any Commission for the levying or raising of a man; and lest the King should have any manner of provision of war to defend himself, when their Army or Sir John Hotham should come to assault Him; Powder and arms were everywhere seized on, and Cutlers, gunsmiths, saddlers and all Warlike Trades ordered not to send any to York; but to give a weekly account what was made or sold by them: And an Order made the 24. day of June 1642. That the Horses which should be sent in for the Service of the Parliament, when they came to the number of 60. should be trained, and so still as the number increased. 4. July▪ 1642. The King by His letter under His sign manual commanded all the Judges of England in their circuits, to use all means to suppress Popery, Riots, and unlawful assemblies, and to give Ibm. 442. the People to understand His Resolution to maintain the Protestant Religion, and the laws of the kingdom, and not to govern 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; he would speedily 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 sheriff, Mayor, bailiff, Parson, Vicar, Ibm. 449. Curate or other (Sir Richard Gurney the Lord Mayor of London, not many days before having been imprisoned for proclaiming the King's Proclamation against the bringing in of Plate &c.) should publish or proclaim any Proclamation, Declaration or other Paper in the King's name which should be contrary to any Order Ordinance or Declaration of both houses of Parliament or the proceedings thereof; and Order, That in case any Force should be brought out of one County into another to disturb the Peace thereof, they should be suppressed by Ibm. 450. the trained Bands, and volunteers of the adjacent Counties. Shortly after Sir John Hotham fortifieth the town of Hull, whilst the King is at York, seizeth on a Ship coming to Him with provisions Ibm. 453. for His household, takes Mr. Ashburnham one of the King's Servants Prisoner, intercepts Letters sent from the Queen to the King, and drowneth part of the country round about the town; which Ibm. 459. the Parliament allows of, and promise satisfaction to the owners. 5. July 1642. They Order a subscription of Plate and Horse to be made in every country, and list the Horse under Commanders; and the morrow after, Order 2000 men should be sent to relieve Sir John Hotham in case the King should besiege him; to which purpose drums were beat up in London, and the adjacent parts to Hull. The Earl of Warwick Ordered to send Ships to Humber to his assistance, instructions drawn up to be sent to the deputy-lieutenants of the several Counties to tender the Propositions for the raising of Horses Plate and Money. Mr. Hastings & divers of the King's 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 meet every morning for the laying out of ten thousand pounds of the Guildhall moneys for the buying of 700. Horse, and that 10000 Foot to be raised in London and the country, be employed by direction of the Parliament, and the Lord Brooke is furnished with 6. pieces of Ordnance out of the Tower of London to fortify the Castle of Warwick. And 9 July 1642. Order, That in case the Earl of Northampton should come into that County with a Commission of Array they should raise the Militia to suppress him; And that the Common council of London should consider of away for the speedy raising of the 10000 foot, and that they should be listed, and put in Pay within four days after. 11. July 1642. The King sends to the Parliament to cause the town of Hull to be delivered unto him and desires to have their Ibm. 452. answer by the 15. of that month, and as then had used no force against it: But the morrow after before that message could come Ibm. 457 unto them they resolve upon the Question: That an Army shall be forthwith raised for the defence of the King's Person and both houses of Parliament; and those who have obeyed their Orders and Commands; Ibm. 457. in perserving the true Religion, the laws, Liberties, and the Peace of the kingdom; and that they would live and die with the Earl of Essex, whom they nominate general in that Cause. And 12. July 1642. Declare; That, they will protect all that shall be employed in their assistance and Militia. And 16. July 1642. Petition the King to forbear any preparations or actions of war; and to dismiss His extraordinary guards, to come Ibm. 465. & 483. nearer to them, and hearken to their advice; but before that Petition could be answered, wherein the King offered, when the town of Hull should be delivered to Him he would no longer have an Army before it, and should be assured that the same pretence which took Hull from him, may not put a Garrison into Newcastle (into which after the Parliaments surprise of Hull, he was enforced to place a governor and a small Garrison) he would also remove that Garrison, and so (as his Magazine and Navy might be delivered unto him; all Armies and Levies made by the Parliament laid down, the pretended Ordinance for the Militia disavowed, and the Parliament adjourned to a secure place) he would lay down arms and repair to them, and desired all differences might be freely debated in a Parliamentary way, whereby the Law might recover its due reverence, the Subject his just liberty Parliaments their full vigour and estimation, and the whole kingdom 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 general 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 general of the Horse. 8. August 1642. Upon information; That some of the town of Portsmouth had revolted to colonel Goring (being but sent thither with a message from the King) and Declared for His majesty. Order forces to be sent thither speedily to beleaguer it by Land, and the Earl of Warwick to send thither 5. Ships of the Navy to prevent any foreign forces coming to their assistance, and upon Intelligence that the Earl of Northampton appeared with great strength at Banbury to hinder the Lord Brookes carrying the pieces of Ordinance to Warwick; Ordered 5000 Horse and foot to be sent to assist Him. 9 August 1642. Upon information That the Marquis of Hartford and divers others were in Somersetshire demanding obedience to the King's Commission of Array, and to have the Magazine of the county to be delivered unto them. Gave power to the Earl of Essex their Lord general, the Lord Brooke and others to apprehend the Marquis of Hartford, and Earl of Northampton, and their complices, and to kill and slay all that should oppose them. And the day following gave the Earl 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 King's Proclamation 2. days before Declaring the Earl of Essex and all that should adhere unto him in the levying of Forces and not come in and yield to His majesty within 6. days to be traitors: vote the said Proclamation to be against the fundamental laws of the Ibm. 509. kingdom; Declare their resolutions to maintain and assist the Earl of Essex; and resolve to spend no more time in Declarations and Petitions, but to endeavour by raising of Forces to suppress the King's Party (Though all that the King's loyal Subjects did at that time for Him, was but to execute the Commission of Array in the old legal way of the Militia) and within a day or two after Ordered the Earl of Essex their Lord general to set forth with his Army of Horse upon the Monday following, but not so much as an answer would be afforded to the King's message sent from Hull, where, whilst he 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 he might well understand the great levys of Men and arms 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 be as equally observed, as those which most of all concerned his own interest and rights, and that his quarrel 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 be delivered into the hands of Justice to be tried by their peers, according to the known laws of the Land, and against the Earls of Essex, Warwick, Stamford, Lord Brooke, Sir John Hotham, Major general Skippon, and those who should exercise the Militia by virtue of the Ordinance, he would cause Indictments to be drawn of high Treason upon the Statute of 25. Edw. 3. and if they submit to trial, and plead the Ordinance, would rest satisfied if they should be acquitted. But when this produced as little effect as all other endeavours he had used for peace. He that saw the Hydra in the mud and slime of Sedition, in its embryo, birth and growth and finds him now erected ready to devour him; must now (though very unwilling to cast off His beloved robe of Peace, forsake an abused patience, and believe no more in the hopes of other remedies had so often deceived Him: but if he will give any account to the watchman 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 himself to the Sword which God had entrusted Him with▪ and therefore 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 bear Him Company in His Troubles; provides what Men and arms he could in His way towards Nottingham, where he intended to set up His standard. But the Parliament about the 23. of August 1642. having received some information that he intended to set up His Standard at Nottingham, Declare: That now it appears to all the World, that there is good ground of their fears and jealousies (which if ever there Ibm. 573. 574 575. & 576. had been any, as there was no cause at all of any, more than that meaning to murder and ruin Him, they were often afraid he should take notice of it, and seek to defend himself; there was by their own confession till this time no manifest or certain ground appearing that he intended to defend himself 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 actors, and out of the Estates of all such Persons in any part of the kingdom who should persist to serve the King in this war against the Parliament; and That it should be lawful for any number of persons to join and defend themselves; and That the Earl of Essex, their general should grant out Commissions for Levying and conducting forces into the Northern parts; And Sir John Hotham the governor of Hull assist them; and Command also the sheriffs of the county of York, and the adjacent Counties, with the Power of the Counties, and trained-bands to aid them, and to seize upon all that shall execute the Commission of Array for His majesty; who thus sufficiently beset by those that intended, what since they have brought to pass against Him; 25 August 1642. (being some days after the Earl of Bedsord had marched with great forces into the West) that His Subjects might be informed of His danger and repair to His succour; seateth up His Standard at Nottingham; being a thing of a mere legal Vide the King's Declaration Printed at Oxford & ordered to be read in Churches and chapels. necessity, if he 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, fees, or annuities enjoyed under Him, were more immediately bound to assist Him. And yet here he must weep over Jerusalem; and once again entreat the Parliament, and His Rebellious Subjects to prevent their own miseries; and therefore sends the Earls of Southampton and Dorset to the Parliament to desire a Treaty, offering to do all on His own part which might advance the Protestant Religion; oppose Coke 1. part institutes 65. 11. H. 7. Dec. 18. & 19 H. 7. Dec. 1. Collect. King's Message. 579. Popery and Superstition, and secure the laws and Liberties of his Subjects, and just privileges of Parliament: Which after several scorns put upon those noble Messengers, as denying the Earl of Southampton to come and sit in the house of peers (a right by birth and inheritance due unto him) and causing the sergeant at arms of the house of Commons to go before him with the Mace as they use to do before Delinquents: They refuse to accept of unless the King would first take down his Standard and recall his Declarations and Proclamations against them. To which the King the 5. Sept. 1642. (notwithstanding the Earl of Bedford had with great forces in the mean time besieged the Marquis of Hartford in the Castle of Sherb●r● in Dorsetshire) replying, That he never did declare nor ●●er intended to declare both his houses of Parliament to be traitors, or set up his Standard against them; much less to put them and the kingdom out of his protection. And utterly protesting against it before God and the World offered to recall his Declarations and Proclamations Ibm. 58. with all cheerfulness 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 be ready to grant any thing shall be really good for his Subjects; which being brought by the Lord Falkland, one of his majesty's Secretaries of State, and a Member of the house of Commons, and not long before in a very great esteem with them (all the respect could be afforded him being to stand at the bar 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 arms which they have been forced to take up, or shall be forced to take up, for the preservation of the Parliament, Religion, and the laws and Liberties of the kingdom; shall not be laid down until his majesty shall withdraw his protection from such Persons as have been voted by both houses of Parliament to be Delinquents, or that shall by both houses of Parliament be voted to be Delinquents (which after their mad way of voting might have been himself, his Queen or Ibm. 585. his heir apparent) and leave them to the Justice of Parliament according to their d●merites, to the end that those great Charges and damages wherewithal the commonwealth hath been burdened since his majesty departed from the Parliament, might be borne by the Delinqua●ts and other Malignant and disaffected Persons, and that those who by Loans of money or otherwise at their charges have assisted the commonwealth, or shall in l●●e manner hereafter assist the commonwealth in times of extreme danger (and here they would also provide for future friends and quarrels) may be repaid all sums of money ●ent for those purposes and satisfied their charges sustained out of the estates of the said Delinquents and of the Malignant and disaffected party in this kingdom. And to make good their words 8. of September 1642. Before their answer could come unto the King's hands; Ordered certain numbers of horse and foot to be sent to Garrison and secure Oxford, and the morrow after (before the King could possibly reply unto it) their Lord general the Earl of Essex, marched out of London against Him with an Army of 20000 men, horse and foot gallantly Armed and a great train 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 be losers 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 King's Commission of Array, and Ordered the propositions for furnishing of horse, plate, and money, to be tendered from house to house, in the Cities of London and Westminster, and to be sent into all the Shires and Counties of England to be tendered for the same purpose; and the names of the refusers to be certified.) Mr. May one of the Pages to the King comes to the Lord's house in Parliament, with a message from Him bearing date but two days before; That although he had used all ways and means to prevent the present distractions and dangers of the kingdom all His labours have been fruitless, that not so much as a treaty earnestly Ibm. 586. defired by Him can be obtained (though he disclaimed all His Proclamations and Declarations, and the erecting of His Standard as against His Parliament) unless he should denude himself of all force to defend Him from a visible strength marching against Him; That now he had nothing left in His power, but to express the deep sense he had of the public misery of the kingdom, and to apply himself to a necessary defence, wherein he wholly 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 he would piously remember whose blood is to be spilled in this quarrel and cheerfully 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 general, that he was at Northampton in a very good posture, and that great numbers of the countries thereabouts came in daily unto him, and offered to march under him, and that so soon as all his forces that are about London shall come unto him, which he desires may be hastened, he intended to advance towards His Majesty: and it was the same day voted; That all things sealed by the King's seal since it was carried away by the Lord Keeper Littleton, should be Null, and of no force in the Law; and that a new seal should be provided. The King therefore seeing what he must trust to, 19 September 1642. Being at Wellington in Shrop-shire in the head of such small forces and friends as he could get together, (for the Parliament that very day had received letters, That the King, but the week before, having a muster at Nottingham, there appeared but about 3000. foot, and 2000 horse, and 1500. dragoons; and that a great part of His men were not provided with arms) made His Protestation and Promise as in the presence of almighty God, and as he hoped for His blessing and protection to maintain to the utmost Ibm. 614. of His power the true reformed Protestant Religion established in the Church of England, and that he desired to govern by the known laws of the Land, and that the liberty and property of the Subject should be preserved with the same care as His own just rights; and to observe inviolably the laws consented to by Him in this Parliament, and promised as in the sight of almighty God, if he would please by His blessing upon that Army raised for His necessary defence, to preserve Him from that Rebellion, to maintain the just privileges and freedom of Parliament, and govern by the known laws of the Land. In the mean while, if this time of war, and the great necessity and straits he was driven to, should beget any violation of them, he hoped it would be imputed by God and man to the authors of the war, and not to Him who had so earnestly desired and laboured for the Peace of the kingdom, and preservation thereof; and that when he should fail in any of those particulars, he would expect no aid or relief from any man, nor protection from Heaven. And now that the stage of war seems to be made ready, and the parliament party being the better furnished, had not seldom showed themselves, and made several traverses over it (for indeed the King having so many necessities upon him, and so out of power and provision for it, might in that regard only if he had not been so unwilling to have any hurt come to His People by his own defending of himself, be backward and unwillingly drawn unto it, we may do well to stand by and observe who cometh first to act upon it. 22. Of September 1642. The Earl of Essex writeth from Warwick that he was upon his march after the King and before the 6. of October following had written to the county of Warwick with all speed to raise their Trained bands and volunteers to resist his Forces if they should come that way, and to the three Counties of Northampton, Leicester and Darby, to gather head and resist him if he should retire into those parts; and by all that can be judged of a matter of fact, so truly and faithfully represented, must needs be acknowledged to have great advantages of the King, by the City and Tower of London, Navy, Shipping, arms, Ammunition, the King's Magazine, all the strong towns of the kingdom, most of the kingdom's plate and money, the Parliament credit and high esteem, which at that time the People idolised; the fiery zeal of a Seditious clergy to preach the People into a Rebellion, and the People headlong lie running into the witchcraft of it: When the King on the other side, had little more to help him, than the laws and Religion of the Land, which at that time every man began to misconster and pull in pieces, had neither men, horse, arms, ammunition, ships, places of strength, nor money, not any of his party or followers after the Parliament had as it were proclaimed a war against Him, could come single or in small numbers through any town or Village, but were either openly assaulted, or secretly betrayed, no man could adventure to serve or own him, but must expose himself, and his Estate to be ruined either by the Parliament or People, or such as for malice or profit would inform against him. All the gains and places of preferment, were on the Parliaments part, and nothing but losses and misfortunes on the Kings: No man was afraid to go openly to the Parliaments side, and no man durst openly so much as take acquaintance of his sovereign, but if he had done a quarter of that which Ziba did to David when he brought him the 200. loaves of bread, or old Barzillai, or Ittay the Gittite when he went along with him when his son Absolom rebelled against him. They should never have escaped so well as they did, but have been sure to be undone and sequestered for it. So much of the aff●ctions of the People had the Parliament cozened, and stolen from them, so much profit and preferment had they to persuade it, and so much power to enforce those, that otherwise had not a mind to it, to fight against him; Who thus every way encompassed about with dangers and like a Partridge hunted upon the mountains; marcheth from Shrewsbury towards Banbury, persuading 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 Sabbath, then loose an opportunity of murdering their sovereign) T●e Earl of Essex and Parliament Army pouring 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 battle array (many of whom being young country fellows had no better arms than clubs and staves in their hands cut out of the hedges) and put His two young sons the Prince of Wales and the Duke of York in the guard of a troop of horse at the further end of the field, and had finished a short prayer; a bullet of the Earl of Essex's Cannon graz●d at His heels, as he was kneeling at His prayers on the side of a b●●ke (for Blague a villain in the King's 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 anointed then of their Rebellious pretences; so ordered the hands of those that fought for the King, as the Earl of Essex was so loaden with Victories, as he left five of His men for one of the King's dead behind him; lost his baggage and Artillery, retired back to Warwick, and left the King to bless God in the field; where he supped with such victuals as the more loyal and better natured 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 he could not forget to pity those were at such pains and hazard the day before to murder him, but before he went out of the field sent Sir William Le-neve Clarenci●ux King of arms to Warwick, whither the Earl of Essex was fled, with a Proclamation of pardon to all that would lay down arms, which though they scornfully received, and the Herald threatened to be hanged if he did not depart the sooner, cannot persuade him from sending a Declaration or Message to the Parliament to offer them all that could be requested by Subj●cts, but all the use they made of it was to make the city of London believe they were in greater danger than ever, if they lent them not more moneys and recruited the Earl of Essex his broken Army; and to cozen and put the People on the more to seek their own misery, a day of thanks giving was publicly kept for the great Victory obtained against the K●ng. And Stephen Martial a Factious bloody minister though he confessed he was so carried on in the crowd of those that fled from the battle, as he knew not where he was, till he came to a Mar●et town which was some miles from Edge-hill where the battle was fought, preaches to the people (too little believing the Word of God, and too much believing him:) That to his knowledge there was not above 200. men lost on the Parliaments side; that he 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 ye may see Janus' Temple wide open, though the doors of it were not lift off the hinges, or broken open at once, but picked 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 therefore find out (though the matter of Fact already represented may be evidence enough of itself) who it was that let cut the fury and rage of war upon us, we shall consider; CHAP. III. Whether a Prince or other Magistrate, labouring to suppress, or punish a Rebellion of the People, be tied to those rules are necessary for the justifying of a war; if it were made between equals. War was first brought in by necessity where the determining of controversies between two strange Princes of Equ●l● power, could not be had, b●cause they have no superior: A rebel therefore cannot properly be called an enemy, for Hostis nomen notat equalitatem; and when any such arms are borne against rebels it is not to be called a war; but an Exercise of Jurisdiction upon traitorous and disloyal Persons at què est ratio manifesta saith Albericus Gentilis, qui enim jure judex est & superior, Alber. Gentil. 223. 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: Besoldus in dissers de inre Belli 77. & 78. The Romans who were so exact and curious in their public denouncing of war, and sending Ambassadors before they made war against any other Nation; did not do it in cases of Rebellion and defection, and therefore Fidenatibus & Campanis non denunciant Romani, And Cicero that was of opinion, that nullum bellum Lib Alber. 23. justum haberi videtur nisi nunciatum, nisi indictum nisi repetitis rebus stood not upon those solemnities in the Catiline conspiracy; for the rules of justifying a war against an enemy or equals as demanding restitution, denunciation, and the like, are not requisite in that of punishing of rebels; Pompey justifies the war maintained by the Senate against Caesar (not then their sovereign) Lucan. li. 2 with neque enim vocari praelia justa decet &c. Cicero did not think it convenient to send Ambassadors to Anthony, nor entreat him by fair words; but that it was meet to enforce him by arms to raise his siege from Mutina, for he said They had not to do with Hannibal Cieero Phi●●pic. 5. an enemy to the commonwealth, but with a Rebellious Citizen. The resisting of the King's authority when the sheriff of a County goes with the posse Comitatus, to execute it, was never yet so much as called a war; but Rebellion and Insurrection or Commotion were the best terms bestowed upon it [such attempts are not called wars, 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 wars by Henry the 3. and his sending his son the Prince to besiege Warren Earl of Surrey in his Castle of Rygate for affronting the King's Justices, saying That he would hold his Lands by the Sword: That which Ri. 2. made to suppress Wat. Tiler, H. 6. Jack Cade, H. 8. Ket and the Norfolk rebels, and Queen Eliz. to suppress the Earls of Northnmberland and Westmoreland) may tell us that they understood it no otherwise then all the Kings and Magistrates of the World have ever practised it [by the laws of England, if Englishmen that are traitors go into France and confederate with Aliens or Frenchmen, and come afterwards and make a war in England and be taken prisoners, the strangers may be ransomed, but not the English for they were the King's Subjects and are to be reckoned as traitors, not strangers:] And the Parliaments own advice to the King to suppress the Irish rebels that ploughed but with their own heifer, and pretended as they did to defend their Religion, laws and Liberties; and the opinion also of Mr. President Bradshaw (as Sir John Owen called him in his late sentence given against the Earls of Cambridge, Holland and Norwich, Lord Capell and Sir John Owen, whom he mistakenly (God and the Law knows) would make to be the Subjects of their worser fellow Subjects may be enough to turn the question out of doors: But lest all this should not be thought sufficient to satisfy those can like nothing but what there is Scripture for, we shall a little turn over the leaves of that sacred Volume, and see what is to be found concerning this matter. Moses who was the meekest Magistrate in the World, and better acquainted with him that made the fifth commandment than these that now pretend Revelations against it; thought fit to suppress the Rebellion of Corah, Dathan and Abiram as soon as he could; and for no greater offence than a desire to be 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, 2. Sam. 15 David a man after God's own heart, without any Message of Peace or Declaration sent unto his dear son Absolom; or offering half or any part of his kingdom to him, sent three several armies to pursue and give him battle. When Sheba the son of Bichri blew a Trumpet and said, we have no part in David every man to his Tent o Israel; and thereupon 2 Sam. 2● every man of Israel followed after him and forsook their King, David (who knew that Moses would not make a war upon the Amorites though he had God's commandment for it without offers of Peace, & messengers sent first unto them) said to Amasa, assemble me the men of Judah within three days and when he tarried longer said unto him; Take thou thy Lord's Servants and pursue after him lest he get him fenced cities and escape us. For they that would take heed of cockatrices 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 Bodm. pa. 736. praeoccupare student. For sedition (saith he) once kindled like a spark of fire, blown by popular fury may sooner fire a whole City then be extinguished. Et tales igitur pests opprimere derepenté necesse est Princes and sovereigns who are bound to protect, and descend their Subjects, are not to stand still, and suffer one to oppress another, and themselves to be undone by it afterwards, But put the case the Parliament could have been called a Parliament when they had driven away the King, which is the head and life of it, or could have been said to have been two houses of Parliament, when there was not at that time above a third part of the house of peers, nor the half 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 party of Seditious Londoners (for indeed the war rightly considered was not betwixt the Parliament and the King; but a war made by a Factious and Seditious part of the Parliament, against the King) and the major part of the Parliament) and had been (as it never was nor could be by the laws and constitution of the kingdom) coordinate and equal with the King, and joint tenants of the kingdom; it would have ●●●ne necessary to make the war as just as they could, and to hace done all that had been in order to it: and therefore we hope they which pretend so much to the Justice of the kingdom will not be offended to have the Justice of their war something examined. CHAP. iv. Suppose the war to be made with a neighbour Prince, or between equals; 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 〈◊〉 otius de ●ure pacis et belli. the Parliament might pretend a necessity of. The King neither assaulted them, nor used any violence to them when they first of all granted out their Propositions and Commissions of war, unless they can turn their jealousies into a creed and make the Kings demanding the five Members and Kimbolton (being done by warrant of the law of the Land, and the Records and precedents of their own houses) appear to be an assaulting of them. Or if any reasonable man knew but how to make that to be an assault, or a necessary cause of war for them to revenge it; the Kings waving and relinquishing of his charge afterwards against them, might have certainly been enough to have taken away the cause of it (if there had been any) howsoever, a war 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 be accounted just. As for the recovery of things lost, or taken away, The Parliament itself, had nothing taken from them, for both they and the People were so far from being losers at that time by the King, as the Remonstrance of the house of Commons made to the People Collect. of Mess. Remonst. and Declar. 15 15. December 1641. of the King's errors (as they please to call them) in the government (but indeed the errors rather of his Ministers and themselves also, in busying him with brawls and quarrels and denying to give him fitting supplies, mentions how much, and how many beneficial laws the King had granted them. And 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. so the Parliament and People being no losers, and the King never denying them any thing could in honour or conscience be granted them; That part of the Justyfying of a war will no way also belong to them. But if the punishment for offences and injuries past (if they could be be so properly called) being a third cause of justifying a war, could be but imagined to be a cause to justify the Parliaments war against the King; Yet they were to remember another Rule or Law of war Ne nimis veteres causae accersentur That they do not pick quarrels by raking up past grievances, and that it be not propter leviusculas injurias; or for trifles. For when Besoldus in dissert. philolog. p. 58. the King (who if he had been no more than coordinate with them) had called them to council to advise him, followed their advice in every thing he could find 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 complain of; there was so little left to the People and the Parliament to quarrel for, as they were much behind in thankfulness for what they had got of him already. Or if any other causes or provocations should be imagined as misusing the Parliaments Messengers, or the like: we know the King (Unless it were by his patience and often Messages for Peace) was guilty of no provocations; but on the contrary, though he had all manner of scorns and reproaches cast upon him, and his Messengers evil entreated by them, could never be brought to return or retaliate it to any of theirs. But nothing as yet serving to excuse them. It will not be amiss to examine the Causes as they are set down by themselves, to justify their war, and so we may well suppose there are no other. A war against the King for safety of his own Person was needless (and then it comes within that rule of war and law of Nations, Ne leves sint causa belli, not to make a war unnecessary; for the King would look to that himself; and, as they were his Subjects, they, as well as every honest Subject, were bound to defend and assist him, but not whether he would or no; and in such a way of defence, as would tend to his ruins rather than his safety. For surely should any stranger of another kingdom or Nation have casually passed by Edge-hill when the Kings and the Parliaments Armies were in fight, and have been told that the King shot at them for the safety of his own Person, and that they also shot against him for the safety of his own Person; and being asked which of the two parties he believed did really or most of all intend the safety of it? we 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 persuaded him to: or that the King could tell how to fight against those that fought for him: or that if he should be so hugely mistaken in that one year or battle, he should be in several other years and battles after. To sight for the defence of the Religion established (as they made also the People believe) that was as needless; when the King offered to do every thing might help to promote it: and they are so little also to be credited in that pretence, as we know they did all they could from the beginning to ruin it; took away episcopacy the hedge and bounds of it, brought in presbytery to preach up and aid their Rebellion, and when their own turns were served encouraged Conventicles and Tub-preachers to pull down the presbytery: And being demanded at the treaty at Uxbridge by the King's 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 do it, but have now set up an Independent extemporary enthusiastic kind of worshipping God (if there were any such thing in it) or rather a religious Chaos or gallimaufry of all manner of heresies, errors, blasphemies and opinions put together, not any of the owners of which, we can be confident will subscribe to that opinion that wars may be made for Religion, or that Conscience ought to be forced by it. As for the restrictive part of the laws to keep the People in subjection, we can very well persuade ourselves, no such war was ever made yet in the World, nor any People ever found that would engage in a war for that they obeyed, but against their wills: And for that part of the Law that gives them the King's protection, privileges, immunities and certainties of deciding controversies (which are more fitly to be called the Liberties of the People, then to have 45. of the house of Commons or a Faction to make daily, and hourly laws, and Religion, and Government, and vote their estates in and out to pay an Army, to force their obedience to it) if we had not outlived the Parliaments disguises, and pretences, saw them now tearing them up by the roots, that there may be no hope of their growing up again, and setting up their own as well as the ignorant, and illiterate fancies of mechanics, and soldiers in steed of them; we might have said that also had been needless, when the King had done abundantly enough already; and offered to grant any thing more could in reason be demanded of him. And as touching their privileges of Parliament, They that understand but any thing of the laws of England, or have but looked into the Records, and journals of Parliament, can tell that all privileges of Parliament (as King James said) were at first bestowed upon them by the Kings and Princes of this kingdom: That privileges 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 arrested in execution in the time 32. Hen. 6 of the prorogation of the Parliament the Commons demanded he might be set at liberty according to their privileges: whereupon the Judges being asked their council therein; made answer that general supersedeas of Parliament there were none; but special supersedeas there was; in which case of special supersedeas, every member of the house of Commons ought to enjoy the same; unless in cases of Treason, felony, 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 lie in execution, and the Commons were required on the behalf of the King to choose a new Speaker, which they did, and presented to the King accordingly. That Queen Elizabeth was assured by her Judges, that she might commit any of her Parliament during the Parliament, for any offence committed against her crown and dignity, and they showed her precedents for it; and that primo & tertio Caroli Regis, upon search of precedents in the several great cases of the Earls of Arundel and Bristol, very much insisted and stood upon, the house of peers in Parliament allowed of the exception of Treason, felony, and breach of the Peace. For indeed it is as impossible to think there can be any privilege to commit Treason, as to think that a King should privilege 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 opportunity to do it; or that if it could be so, any King or Prince would ever call or summon a Parliament to expose himself to such a latitude of danger, or give them leave to sit as long as they would to breed it: or that privileges of Treason can be consistent with the name or being of a Parliament to consult and advise with the King for the defence of him, and his kingdom: or that when Felony and breach of Peace are excepted out of their privilege, Treason that is of a far higher nature, consequence, and punishment, should be allowed them: or if there could have been any such privilege, and a meaner man than their sovereign had broke it, a small understanding may inform them, they could not without breach of the Peace, have fought for it against a fellow Subject, and then also could not their privileges have reached to it, but the King might have punished them for it: and if they cannot upon a breach of privilege (as it was adjudged in Hall's case) without the King's writ, 18. Eliz. and the cause first certified in Chancery, deliver one of their own servants arrested: It is not likely any warrant can be found in Law to enforce the King to reparation, though he himself should have broken it; but to petition the King for an allowance of that, or any other privilege, as well in the middle, or any other time of their sitting in Parliament, as they always do 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 war against their sovereign) to claim 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 be taken from them, much less for their airy innovated pretences rather than privileges which have since eaten up all the people's laws and Liberties as well as a good part of their lives and estates with it, and are now become to be every thing their representatives will and arbitrary power have a mind to make it; who have so driven away their old legal privileges by setting up illegal and fantastic kind of privileges (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 form, 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 forty-five of the house of Commons (whereof eleven are great officers and commanders in the Army) have after that imprisoned & driven away four hundred of their fellow members: And from a degenerate and distemperate piece of a Parliament, brought themselves to be but a representative, or journey-men-voters to a council of war of their own mercenacy and mechanic Army; and may sit another eight years before ever they shall be able to find a reason to satisfy any man is not a fool or a madman, or a fellow Sharer in the spoils of an abused and deluded Nation: Why the Kings demanding of the five Members and Kimbolton by undeniable warrant of the laws of the Land and the Records, and precedents of their own houses upon a charge, or accusation of Treason, for endeavouring amongst other pieces of Treason, to alter the Government, and subvert the fundamental laws of the kingdom, which the Parliament, and they themselves that were accused have more than once declared to be Treason, should be taken to be so great a breach of privilege in the King their sovereign; when the forcing, and overawing 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 fantastical offences committed against themselves, or they could not tell whom; shall be reckoned to be no breach at all of privilege, and the forcing of the houses by the same army within a year 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 several prisons, with guards set upon them, as if they had been common malefactors, can be called mercies, and deliverances, and a purging and taking away rotten members out of the house of Commons. But now that we can find nothing to make a defensive or lawful, nor so much as a necessary war on the Parliaments part; for (causa belli, saith Besoldus, correspondere debet damno et periculo) 〈…〉. the Parliament fears and jealousies were not of weight enough to put the People into a misery far beyond the utmost of what their fears and jealousies suggested to them did amount unto, we shall do well to examine by the rules and laws of war and Nations, the ways and means they used in it. Injustum censetur belium si non ejus penes quem est Majestas authoritate 〈…〉. moveatur; a war cannot be just if it be not made by a lawful authority: Armorum delatio et prohibitio ad Principem spect at; It belongs to the Prince to raise or forbid arms, and the Records of the Parliament (which we take to be a better sense of 〈…〉. the house then their own purposes) can inform them, that the Prelates, Earls, Barons, and commonalty of the realm did in the seventh year of the reign of King Edw, the first, declare to the K●ng, That it belongeth, and his part is, through his royal signory straightly to defend force of Armour, and all other force against his Peace when it shall please him, and to punish them which shall do the 〈…〉. 1. contrary, according to the laws and usages of the realm, and that thereunto they were bound to aid their sovereign Lord the King, at all seasons when need shall be. How much ado than will they have to make a war against their sovereign to be lawful? or (if by any warrant of laws Divine or human they could but tell how to absolve themselves from their oaths of Supremacy, Allegiance, and their very many protestations and acknowledements of Subjection to the King) find a supreme authority to be in the People, at the same time they swore an allegiance, and obedience to the King, and at the same time they not only styled themselves, but all those they represented to be his Subjects. Or, how will they be able to produce a warrant from the People, their now pretended sovereigns (●●ll they shall be able sufficiently to enslave them) to authorise them to make a war to un●●e them, when they elected them but to consent to such things as should be treated of by the King, and his Lords for the defence of the King and his kingdom? Or how could a tenth part of the People give warrant to them to fight against the King, and the other nine parts of the People? Or can that be a good warrant when some of them were cheated, and the other by plunderings and sequestrations forced to yield to it? Or could the pretence of a war for defence of the King's Person, and to maintain the Religion, laws, and Liberties of the People be a warrant to the Parliament (which never sought any thing for the King and People, but to take away the sovereignty from the one, and the Liberties of the other) to do every thing was contrary unto it? But if that could have legitimated their actions? as it never did or will be able. There is a two fold rule of Justice in the practice of war and Nations, si bellum geratur sine denunciation● in captivos tanquam latrones ●aciu● a●xiom. 35. animadverti possit; It is a thievery, rather than a war 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 King's Navy and Magazine from him when he hoped better things of them, and sent out their Armies and the Earl of Essex against him whilst he was in treaty with them, and offered all that he could for to have a peace with them. Bellum item impium injustumque sit si modus debitus non observetur; A war is unjust if their be not a due way of proceedings Besoldus dissert philolog. 88 held in it, which especially consisteth in not hurting the innocent, churchmen, Husbandmen, weak 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 town 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 confess 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 corn and hay spoiled in the field, and the barn; their sheep, cattle and provisions devoured, houses ruined or burnt, and their horses they should help to plough and do other works of Husbandry taken away, in so much as some were enforced to blind and put out their horses eyes that they might not be taken from them; Churches that escaped defacing, profaned and made Stables, or goals, or victualling, 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 weep betwixt the Porch and the Altar, but their benefices and livelihood taken from them by wolves put in the shepherd's places; had their books burned and all their means and maintenance plundered from them; and those that were neutrals, and meddled 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 do it, and if they were not imprisoned their land's money or goods were sure to be in the fault and taken away from them. Vt bellum illaesa conscientia geratur necesse est ut ads●t intentio bona; there ought to be a good intention to make the war conscionable; Besoldus Ibm. 95. which in this appears to fail also: For the Charge against the five Members is now as true as it was then, they meant to ruin the King and they have done it, and to alter the Government, & subvert the Religion, laws and Liberties of the Kingdom; and they have done a great part of it, and as fast as they can are pulling down the remainder. Quaerere debemus victoriam rationibus honestis, ne salutem quidem ●n. picart observat. decad 10. code 2. & Facius a●iom bell. ●0. turpibus; we ought to pursue victory and the just ends of war by honest and lawful means, and not to do foul and dishonest things to procure our safety; from the latter of which, the made fears and jealousies which the Parliament made use of to usher in their pretences, their feigning of victories and scandaling the King and his actions, not to insist upon their buying the King's servants and secrets, battles, towns, and Garrisons, and making too many Judass of all that were about him, will hardly be 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, whilst they were ruining their King that would have helped them, violating of their oaths of allegiance and Supremacy which many of their members had taken six or seven times over, breaking their oaths taken in their protestation and national Covenant, and not so few as 100 solemn promises, and undertakings in their several Petitions, Remonstrances, and Declarations; forcing the People to take the Protestation and Covenant, and compel them as soon as they had taken it, to break them, and by cozening and forcing them into Rebellions and perjuries, cheat them out of their Religion, loyalty, laws and Liberties; will without very good advocates be sure enough to condemn them: and if the great Turk carrying the Covenant which Ladislaus the unfortunate King of Hungary was persuaded to break with him as an ensign of public detestation in the bettell wherein he slew him, invoked the God of the Christians to help him to revenge so grrat a treachery, there will be more reason now for all that are but Christians, or but pretend to any morality, to carry in their banner, the portrait of the King's bleeding head, as it was cut from his shoulders, and make war in revenge of the maisterpiecee, and totum aggregatum, of all manner of wickednesle and perfidiousness, who besides all their own and the people's oaths taken to defend him, when those they called Delinquents (some few only which were specially named and excepted) for obeying the known laws 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 keep them from killing one another he yielded himself and became a Prisoner upon the public faith of the kingdoms of England and Scotland. Paxaequa non est recusanda Licet victoriae spes adsit (saith Besoldus) Besoldus in dissert philolog p. 83. A good or fitting Peace is not to be refused though the victory were certain: And in this also the Parliament will be as far to seek 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 year of their war to be killed because they did but petition them to accept of a Peace; and in the third and fourth year of their War plundered & robbed others that petitioned them but to harken to it, and put out of office, and made all as Delinquents in the seventh year 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 he was at the highest of his success in the war, but when he was at the lowest, and a Prisoner to them, and conjured them as they would answer at the dreadful day of Judgement to pity the bleeding conditions of his kingdoms and People, and send propositions of Peace unto him, quarters and half years, and more than a whole year together after the battle of Naseby (insomuch as their fellow rebels the Scotch Commissioners did heavily complain of it) were at several times trifled away and spent before any propositions could be made ready, though those which they sent to Oxford, Uxbridge, Newcastle and Hampton-Court, were but substantially and materially the same with their ninete●ne Propositions which they made unto the King before the Earl of Essex was made their general and in all the Treaties, made Propositions for themselves and the sovereignty and great offices and places of the kingdom, but would neither for God's sake, or their King's sake, or their oaths or Consciences sake, or the people's sake, or Peace sake, which the People petitioned and hungered 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 come 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 week or when they would after: and the King's Commissioners in the Treaties must forget their due titles of Earls, Lords or Knights, because the King had made them so since the beginning of the war, or else must be neither Treaty nor Peace there. At Uxbridge the time of the Treaty limited for 20. days; and at Newcastle for 10. and though the King and his Commissioners at Uxbridge 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 days added to it; & if the King could in honour & 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 arms to save his Life and Estate, but to take away their Lives also, and not only that, but to condemn them of high Treason, and attaint their blood, when they fought against them were only guilty of it, a thing so unfitting and unusually stood upon, as it was never asked in any treaty or pacification among the civilised or more barbarous heathen, and amounts to more than Adonibezeks causing the thumbs and great toes of his captive Kings to be cut off, and making them to gather the crumbs from under his table, or benhadad's demand of Ahab's silver and gold, his wives and Children, and whatsoever else was pleasant in his eyes, which the elders and People of Israel persuaded Ahab not to consent unto, but was a thing purposely contrived and stood upon to hinder a Peace; was not to be 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 yield unto; a thing nature itself would abhor, and the worst of villains and reprobates rather lose their lives then yield to; would never be demanded by any but a devil, nor granted by any but his equals. And if their desiring of a war more than a peace, and to keep the King out of his own had not been the only cause of such unnatural and barbarous propositions it may well be wondered, why they that have made to themselves (for we cannot believe they have found any law or warrant to ground it upon) a power to take away the King's life upon a colour or pretence of an unread, as well as unheard of piece of Justice; should need to strive so hard with the King, to give them a power to do that they are now so busy to do of themselves: and as if they had been afraid, all this would not be enough to keep the doors of Janus, or the devil open, for fear lest the King should trouble them with any more offers or Messages for peace: a vote must be 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 sovereign (for notwithstanding all their hypocritical pretences, so it was at first intended, and so it hath proved to be ever since) to whom their Masters the People (We mean as to the house of Commons) had sent them to consult with, not to make a war against him: they might have remembered that saying of Cicero (if they had found nothing in the book of God, and their own Consciences to persuade them to it) That duo sunt genera decertandi, unum per disceptationem, Cic. 1. de offis. alterum per vim, & ad hoc confugiendum non est si uti superiori licebit: There are other ways to come by pretended rights, then by a war, and we ought never to make use of a war (which is the worst of all remedies) if we may obtain it by a better. Hen. 2. King of England was made a Judge betwixt the Kings of Castille and Navarre. The Rebellious Barons of England in the reign of King Hen. 3. referred their controversies to the decision of the king of France and Jov. lib. 1. his Parliament at Paris: And the blood of this kingdom which ran so plentifully in those unhappy differences was by that means only stopped. Charles the 4. Emperor was made a Judge of the differences Polidor. 1● 20. betwixt the English and the French Kings: For as Albericus Gentilis saith well; Intelligendum & eos qui diffugiunt genus hoc decertandi Albericus Gentilis cap. 3. 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 war without assaying all other just means of deciding the controversy for which it is made, and will judge only according to their own will, and opinion do turn their backs, to Justice, Humanity, and all good Examples. And in that also the Parliament will be found faulty: For the French King, and the Estates of the united Provinces did by more than 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 difference 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 he had offered; and how much the Parliament was averse to their interposition, and altogether refused it. But we have tarried long enough among the Parliament party, from thence therefore (for it is time to leave the company of so much wickedness) we shall remove to the King's party (and yet that may cause a Sequestration) and examine for a fuller satisfaction of that which by the rule of contraries, is clear enough already, if he were not on the defensive and more justifiable part of the business. The King as he was defensor et protector subditorum suorum, and sworn to see the Law executed; had not the sword nor his authority committed to him in vain: And if he had had no manner of just cause of fear either in his own Person or authority, or no cause given him in relaesae Majestatis: the imprisoning of his Subjects, and plundering and taking away their estates from them, long before he had either armed himself, or had wherewithal to do it; had been cause as sufficient as to cause a Hue and Cry to be made after a felon; or raise the posse Commitatus to bring him to Justice, and might by the same reason do it in the case of more, and by the same reason he might do it by the help of one, nothing can hinder but by the same reason he might do 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 poor man's only sheep he that understood well enough the duty of a King was exceeding wroth against the man and said; As sure as the Lord liveth this man shall surely die. And can any man think that the King when he 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 maintain an Army against Him, and many of his Subjects daily imprisoned, sequestered, undone or killed; can be blamed if he had a great deal sooner gone about to defend both himself, and his People? For who (saith St. Jerom) did ever rest quietly sleeping Jerom. ep. 47. near 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, custom, and Nature itself have made Cicero promilone. self preservation to be 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 civil laws, and where there was not unda cogitatio or a bare intention only to ruin the King, but so much over and over again acted, as might well occasion more than a fear, and apprehension in him of what hath since been brought to pass against him; no man certainly without much blindness or partiality can think it to be a fault in him to seek to defend himself, when the Parliament did not only long before he raised any forces to defend himself, but at the same time when he was doing of it, make the people believe his Person was in so much danger, as they must needs take up arms to defend Him. And how much more warrantable than must it be in the King's case, when it was not only an endeavour to defend himself, but all those that have been since slain, and undone, and ruined for want of power enough to do it? Defence is by the civil Lawyers said to be either necessary, profitable, or honest: Nec distingui vult Baldus sive se, sua, suosve Baldus ●. consid. 485 & consid. 5. defendar, sive prope, sive posita longé; a man is said to defend himself when it is but his own goods, estate, or People, whether near 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 be a necessary defence against whom an armed Enemy is either marching or preparing. Vtilis defensio, x nos movemus bellum verentes ne ipsi bello petamur, when we make a war to prevent or be before hand, when war or mischief is threatened or likely to come upon us; For as Nicephorus the Historian saith, he that will live out of danger must occurrere malis impendentibus, et autevertere, ●ec est cunctandum aut expectandum &c. meet and take away growing evils, and turn them another way, and not to delay, and be ●●ock in it. Honesta defensio quae citra metum●ullum periculi nostri, nulla utilitate quaesita, tantum in gratiam aliorum suscipitur: When for no fear of danger to ourselves, and for no consideration of profit to ourselves, but merely in favour or help of others the war is undertaken. Wherefore certainly when the King may be justly said to tar●y too long before he made the second and third kinds of defences, A●be●i●: Gen●i. l. b. 1. Dec. 25 either to prevent the danger and fury of a war against himself, or to help those that suffered and were undone in seeking to defend him, and was so over much in love with Peace, as he 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 kingdoms were in a flame of war, and strong Combinations made by two of them, and the Pulpits everywhere flaming; Seditious exhortations against Him, his Navy, Magazines, Ports, Revenues, Mint, strongest towns and places seized on, Armies marching against him, and he only and a few friends, and followers penned up in a corner, had an enemy and a strong town at his back ready every day to surprise him, and several Armies marching and in action before, and round about him, before he granted out any Commission for war, 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 go without. For haec est necessitas (saith Baldus) quae bellum justificat x in extremo loco ad bellum configitur. Or Bald. 5. Cons. pa. 439. if with Grotius we look upon it another way, and make the Justice of war to consist, 1o, in defension. 2o, in recuperatione rerum. 3o, in punitione. The King before ever he went to demand Hull, or before ever he desired a guard of the County of York; had cause enough and enough to do it; and it would be hard if a great deal less than that should not be able to deliver him from the censure or blame of an offensive or unnecessary war. When that which was made by David upon the Children of Ammon, and that of the late glorions King of Sweden against the Emperor of Germany; the former for misusing, the latter for encroaching upon him, and not receiving his Ambassadors, found warrant and necessity enough to do it. But what could the King do more in his endeavours and waiting for a Peace, or less in his preparations or making of a War? when the least or one of the hundred provocations or causes, we dare say plainly here set down in the matter of fact, hath hitherto among the wisest Princes, and commonwealths in the World, been reputed a just and warrantable cause of war. Homicide by the laws of England shall be excused with a se defendendo when the assaulted hath but simply defended himself, or retired in his own defence so far till by some Water or Wall he be hindered 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 do no less than rouse him up to make his own defence; and he must be as much without his senses, as care of his own preservation, if he should not then think it to be high time to make ready to defend himself, and necessity enough to excuse him, for any thing should be done in order to it. The Parliament and he (as this case stood) could not be both at one and the same time, in the defensive part; For, they had all the Money, arms, Ammunition, and strength of the kingdom 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 go a-king-catching: & were not likely therefore 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 he suffer the Earl of Essex to attempt to force him from Oxford, and Sir Thomas Fairfax once to beleaguer him when he had power enough to have made London or the associate Counties the feat of the War, and it would be something strange that he, who when he had raised forces against his Scottish rebels, and found himself in the head of so gallant an Army, as he had much ado to keep them from fighting, and his enemies so ridiculously weak, as he might have subdued them, but with looking upon them but a fortnight ●onger; could not be persuaded to draw a Sword against them: would ●ow begin an offensive war without any power or strength at all against those that had before hand engrossed it: Or what policy or wisdom could it be in him to begin a war without, Money, or Men, or arms, to go through with it? Or to refuse the assistance of his Catholic Subjects, and Farraigne friends and forces? or to spend so much time in Messages, and offers of Peace to give them time and ability to disarm him, and arm themselves? If he had not utterly abhorred a war; and as cordially affected peace, as he offered fair enough for it: Or if we could but tell how to say that the King did begin the war? (when what he did was but to preserve his Regality and the Militia and protection of his People; which the Parliament in express terms as well as by Petitioning for it, acknowledged to be his own; being but that which every private man, that had but money or friends would not neglect to do.) Did he any more in seeking to preserve his regality then to defend and keep himself from a breach of trust they fought to make him break? Or did he any more than seek to defend himself against those did all they could to force him to break it? Or could there be 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 fools? 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 break their own trust to those they represented in asking of it; as the King would have done, if he had granted it? Or why shall it not be accounted an inculpata tutela in the King to preserve and defend that by a war, the laws of God and Man, his Coronation-Oath, Honour, and Conscience, and a duty to himself and his Posterity, as well as to his People, would not permit him to stand still, and suffer to be 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 beginning 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 himself, as to have done any one act of war, or so much as like it) who shall be in the fault for all that was done after, when he offered to condescend to all that might be profitable for his People in the matter of Religion, laws and Liberties? Or was it not a just cause of War to defend himself and his People against those would notwithstanding all he could do and offer, make a war against him because he would not contrary to his, Oath Magna Charta, and so many other laws he had sworn to observe; betray, or deliver up his people into their hands to be governed, or rather undone by a greater latitude of Arbitrary power, than the great Turk or Crim Tartar ever exercised upon their enslaved People; and put the education and marriage of his own Children out of his Power; was never sought to be taken out of the hand of any father, was not a fool or a madman; nor yielded to by any would have the Credit to be accounted otherwise; or because he would not denude himself of the power of conferring honours, or vilify, or discredit his great and lesser Scales, and the Authority of them, from which many men's Estates, and Honours, and the whole current of the Justice of the Kingdom had their original; and refused to perjure himself by abolishing Episcopacy, which Magna Charta, and some dozens of other laws bound him to preserve? Or if that be not enough to justyfie him in his own defence? had he not cause enough to deny; and they little enough to ask liberty 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 he not cause enough to deny to set up the Presbyterian authority, would not only have taken away his own authority, but have done the like also with the laws, and Liberties of the Nation, and the ruling part of that they now call the Parliament utterly abhor; or if all that could not make the War be made to be defensive, and lawful? had he 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 be Traitors that took his part, their Blood and Posterities attainted, and their Estates forfeited? when as some of the Parliaments own Members were heard to say when those Propositions were sent unto him; That if he yielded unto them, he was the unworthiest man living, and not fit to be a King. For certainly, if the laws of God and man, and the understanding of all mankind be not changed? there was never a juster, more defensive, unwilling, and necessitated war then that of the King's part, since man came out of paradise. And if such a war should not be lawful (after so many provocations and necessities for the defence of himself, and his People, and so many after generations, this war of the Parliament, and the curse of it, is like to ruin and leave in slavery) under what censure and opinion may that of Abraham's with Chederlaomer the King of Elum, and Tidal King of the Nations be, when he fought with them to rescue his Genes. 14. Brother Lot, and his goods, and was blessed by Melchisedec the Priest of the most high God, for doing of it. Or if the war which the Tribes of Israel made against the Tribe of Benjamin, and the Judges 20 men of Gibeah for committing lewdness and folly in Israel: that of David to rescue his Wives that were carried away captive by the 1. Sam. 30. Amalekites, or to fetch home the Arc of God from the Philistines 2. Sam. 6. 1. Reg. ●0 that which Ahab made with Benhadad the king of Syria who was not half so Tyrannical in his Propositions as the Parliament, were approved 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 Jews, or that which was used to be made by the heathen pro aris & focis were never yet so much as suspected to be unlawful: 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 1. Mach. ●. v. ●3. heathens that made it pro aris & socis; put them altogether to warrant it? Or by what reason or Law, is any man by the laws of England excused for killing a man in his own defence, when he is necessitated or hindered by a Wall or a Water, that he can go no further? or for killing thieves that come to assault or Rob him in his house or Castle? If the King shall be hunted from his house through all the parts and corners of his kingdom 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 seek to defend himself, or have anybody else to do 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 be able to give an account of the people committed to their charge, if they may not be at liberty to make a legal 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 withal) that they fought for the King and Parliament, as is alleged in many of their Orders and Declarations? and that the war was a Rebellion raised against the King and Parliament, as is expressed in the Ordinance of Parliament for association of the Counties of Pembroke, 8. June 1644. Cardigan and Caermrthen; be ever understood by any rules of sense or reason; if he were on the offensive part of the war and had begun it against them? But if any shall be so in love with the sense of the house of Commons, as to be out of their own senses, and think that though there be no manner of evidence or proof to be had for love or money that the Parliament were constrained to defend themselves by a war: 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 arms in their just and lawful defence, makes him (who must needs be best acquainted with his own actions) to be so clearly guilty of all the blood hath been shed in these wars as it puts to silence all that can be now alleged or said in his behalf. They that made the preamble and placed it in limine and threshold of the treaty on purpose to catch and ensnare him (for either he must have denied it at the very beginning and entrance into the treaty, and leave his kingdoms and People to wallow in the blood and misery their Parliament Idols had brought them to; and have all the blame laid upon him for hindering a Peace, he had so much longed and laboured for, or put himself, and all his loyal Subjects that helped to defend him, under the burden of those sins and Shames the Parliament themselves had all the right to) can tell their undone, and deluded proselytes; how much the King stuck at it, how unwilling he was to break off the treaty, and was unwilling to wrong his own Innocency; and that when the Parliament Commissioners had not any thing either in Law, or Truth, or Reason, or Argument to persuade him to yield unto it; but laid it only as a case of necessity before him (though there was no such preamble at the Treaties of Oxford and Uxbridge, nor any such necessity at those times insisted upon) that unless he would take the guilt upon himself, his two Houses of Parliament and the People had engaged with them must necessarily be guilty of Treason and could not have any security from the guilt and punishment. The King bemoaning himself and people that must be thus shut out from any hopes of peace, entreated some expedient, or medium might be found out to reconcile the difference: But Cains sins being greater than could be forgiven him, unless Abel can be brought to say he killed Cain; they that could afterward find an expedient for 21. of their great council of estate that refused to subscribe to the lawfulness of murdering the King, after it was done, could find none at all for the King to purchase a peace for the People (though many kinds of ways and expedients, as allowing him to make the like preamble to his own proposition or the like might have been easily contrived and thought upon. For the truth was, the Independent party desired no Peace at all, and the Preshyterian desired it only to get into their hands the King's Power and authority, 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 himself safe and out of controversy if the King took the blood upon him, and the former that it would prove no small advantage or colour to take away his Life for confessing himself guilty of it by allowing of the preamble; in this unparalleled demand, never before stood upon by Subject● to their Prince, or conquerors to their Captives. Nero himself was so far short of, as though he had cuuning enough when he set Rome on fire to lay the fault upon the Christians, had not villainy enough to torture and seek to draw them to a confession, that they did it. The King after Protestation that he 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 be charged upon him, or those that appeared in his defence, was yet for peace sake, and his people's sake content to say; It will be a great self deny all to take this supposition of a guilt upon myself, and a Christian virtue to undergo any affliction that may be for the good of my People: and I am confident those that have adventured so much for me, will be 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 conditional; as it is always to be understood in this Treaty, that nothing agreed in part betwixt us, shall be binding unless their be a conclusion upon the whole. And here let the Truth be judge if the King did not abundantly endeavour to save his People, and if the Parliament had not need 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 he had (but his Honour and Conscience and a great measure of knowledge and understanding, and the hearts of his loyal 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 be 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 happening 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 been acknowledged or expressed in them: That Cook, his accuser, who when he comes to be hanged for it, will never be able to prove that the People who substituted, or gave him warrant for to accuse him. And Bradshaw who sat higher in the pageant of Justice, and the rest of his fellow murderers took the King's conditional consenting to the Preamble to be so little for their purpose, as they never so much as mentioned it: must not only acquit him of any Confession or guilt to be inferred from his conditional yielding to that Ambuscado Preamble, but dissolve into wonder and admiration; that he who in his royal Meditations, and Conference with death upon the Parliaments votes of non address, and his closer imprisonment at Carisbrooke-Castle had clearness of Conscience enough to say (for as for his judgement we hope it cannot be suspected, when Mr. Carill the Independent, and Mr. Vines a Presbyterian Minister could say he was a second Solomon; and the Parliaments Commissioners at the Isle of Wight report him to be the master of the greatest wisdom and understanding) {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Ca. 28. That he 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 be his protector! rejoiced in the comfort of Imitating Christ's example in suffering for righteousness sake! and thanked God he could pray for them, that God would not impute his Blood to them, further than to convince them what need they had of Christ's Blood, to wash their souls from the guilt of shedding His! And was afterwards in the face and view of Death and his murderers heard to say upon the Scaffold he never did begin a war with the two houses of Parliament, and called God to his witness (to whom he was shortly to make an account) he never intended to encroach upon their privileges; but they began upon him; It was the Militia they began upon; though they confessed it was his, and that any that would look into the date of their Commissions and his, might clearly see that they began these unhappy troubles, and hoped God would clear him of it! Could be so much more than a man, and so great a protector of his People, as not only to be content to be robbed and despoiled of all that he had for their sakes; but to save the laws and estates of his People, when there was no other way to do it; deliver up himself (so as a Peace and Agreement might have followed upon the Treaty) to the unjust Censure of Robbing and spoiling those that had robbed and undone him. But now that we have hunted this Parliament Protens through all this disguises of Parliament privileges 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 be labour well bestowed (though here is sure enough already said and proved that the King was in the defensive and justifiable part of the war) to send into Achan's tent, and search and see what is there to be 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, settled and conveyed their estates to prevent any dangers might happen upon their intended enterprises. Peard the pragmatic Parliament man was heard to say a little before this holy war began to break out; That the Government of the kingdom would within a year or two be altered. A little before the second Scottish invasion Hinderson the Scotch firebrand confesses the Covenanters of both kingdoms were unanimously History of the Mary. Montrosse his actions in Scotland. agreed to bring the King to their lure before they laid down arms: the joint declaration of both kingdoms in January 1643. professes they will never lay down arms till the pretended reformation be accomplished; many declarations and remonstrances of the Parliament (if they may be so called) and the Army, mention the original power and sovereignty to be in the people, the common Rights and freedom of the Nation, and the opportunities God hath put into their hands. An Ordinance of Parliament 20. October. 1645. concerning rules and directions for triers and Judges of the ability of Elders, declares it was the wonderful providence of God in calling them (which he never did by force of arms, hypocrisy, Treason, Rebellion, and usurping of regal authority) to the great and difficult work of reformation and purging the Church. The Lord Fairfax and his general council of Officers in their Remonstrance of the 16. November 1648. made to the Parliament; call the putting down of Monarchy and the Establishing of their unjust ends the public 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 been Delinquents is certainly a part of the Kingly office) the main if not the only end of making this war. And in another place thereof acknowledges the rooting out of Episcopacy, and bringing Delinquents to punishment to be the only motives that induced them to undertake this war. And though Achan will neither confess nor be 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 nakedness cannot keep out the eyes and understanding of a ruined Nation bleeding under the burden of of their iniquity, but whether ever confessed or never, will be as plain as the most infallible demonstration; they were never necessitated to make a war, but were so far from the Justification of a defensive war, as that they were altogether in the offensive. For beside all that hath been said to prove them guilty of the blood and misery of this Nation, who can think, or be believed (if he should be so mad as to say it) That they were forced to make a war for that was none of their own; or to take away tenures in Capite, which was a principal flower of his crown; or for a Reformation of Religion was already the envy and ambition of the best of the Reformed Churches, or to commit sacrilege and abolish Episcopacy, which at the least was of apostolical 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 than their forefathers and the makers of that Statute ever thought on. But that we may do all the right we can to them have done so much wrong, and the better carry on our judgements to a certain conclusion of that which God and all good and just men know to be true enough, it will not we hope be impertinent in this our search and disquisition of the truth to proceed 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 neighbourhood of their Proceedings, that know but any thing of them can tell it: The Parliament have not been wanting to their own Preservations and purposes in the exercise of the greatest jealousy, vigilancy, terror and authority, over those they could but get within their pretended Jurisdiction: witness Edward Archer, who was whipped and punished almost to death, for speaking but his ill wishes to the Earl of Essex, when he was marching out of London, with their Army against the King: the imprisonment of their own Members, for speaking against the sense and Cabal of the House of Commons; men and women, old and young shut up under Decks, ready to be stifled a shipboard, upon suspicion that they affected the King; hanging of the two Bristol merchants, Master Bourchier and Master yeoman's, for an endeavour to deliver up Bristol; Putting colonel Essex out of the government of that town, 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 foreign 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 son, for joining with his father in it; hanging Master Kniveton, one of the King's Messengers, but for bringing his majesty's proclamation to London for the adjourning of the term (being a greater misusage than David's Messengers received from King Ammon) imprisoning, starving, and undoing of any that durst but own the King, or send, or bring any Message from him or his party, or that did but give any aid or assistance to him, to which their oaths and Consciences and the juggling Covenant (they themselves took, and forced upon them) did oblige them, shooting and cannonading of the Queen when she came but to aid her husband, and chasing and shooting after her at Sea a year after, when she was going back into France from him; sequestering wives and mothers that did but relieve their husbands and children's wants when they returned out of the King's service, putting thousands of Orthodox ministers out of their benefices and livelihoods for using the common-prayer-book, Preaching true Do●●●ne and obedience to the King, or Praying for him at the same time when they pretended liberty of Conscience, and preservation of Religion, voting the Prince a traitor for wishing well or being in company with his Father (for he was too young to do 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 himself; for but obeying the known laws, they themselves made the World believe they made some part of the war for, ordering all to die without mercy, that did but harbour the King when he fled in a disguise before their armies, condemning men by a Court martial after the war was ended, and shooting them to death but for words or intentions. And if this and many things more might be said of it, be not enough; what means so many sequestrations, and the bleating and lowing of men's sheep, and Oxen taken away from them since the war 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 joining with the Scots; or something 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 war was ended; and the People like sheep devoured to maintain them: so much complaining in our streets; and taking away the fift part of many men in whole Counties, as Essex, Kent, &c. for joining with some of the King's forces, or for being forced to send provisions to them (when they took up arms, 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 commonwealth for but putting their hands to the Petition for the Treaty; though Cromwell himself had not long before set on some to Petition for it, and the ruin and undoing of two parts of three in the kingdom, very many of whom did nothing actually in the wars, but were only sacrificed to their pretended reasons & jealousies of State do sufficiently proclaim, and remain the woeful Registers to after generations of this lamentable assertion. If the King could have gotten but so much leave of his mercy and a tenderheartedness to hi● People, as to have used but the five hundreth part of the Parliaments jealousies, and sharp and merciless authority in the managing of this war, so much of his Kingdoms and People had not been undone and ruined, nor the Parliament put to so much labour to coin faults and scandals against him, nor to wrest the laws to non sense, and the Scriptures, to Blasphemy, to justify their most horrid act of murdering him; but for seeking to preserve the laws and Liberties of his People, who are now clearly cheated out of them. And here our misery tells us we must leave them, and in the next place shall remember (for indeed it is so plain 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 he would have done; So many Declarations, Answers and Messages penned by himself, intending as much as his words could signify, & were believed and understood by all at that time, that were not interessed or engaged against him, and by many of the eagrest of them also, that had no hand, or looked to have any profit in the murdering of him (for a trial of a King without either warrant or colour of Scripture, or the laws 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 be otherwise interpreted: unless we shall say Ravillae might have justified his killing of Henry the fourth of France, if he 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 be 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 do with Superiors, equals or Subjects; & it will be no wrong certainly to David, (whose sufferings are so much remembered in all christian Churches) complaining so bitterly that he sought Peace with those that refused it, and in the mean time prepared for war against him. To say the King did suffer more, and offer more, and oftener for Peace then ever he did (for any thing is extanc or appearing to us) for surely, so many messages of Peace as one and twenty in two years' 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 be imagined to be for the good and safety of his People, and condemn 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 persuade them to depart with the least punctilio 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 term of his life, and in a manner to unking himself and was afterwards content to do all that his Coronation-Oath Honour and Conscience could possibly permit him to do; 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 himself, and most of his ever craving, never safe enough Disciples, confessed the king had offered so much, as nothing more could be 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 own; but the Parliament would never yield to part with any thing was not their own. And thus may the account be quickly cast up between 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 we may not too hastily give the sentence to try the business, as they use to do at the counsel of war, or the new Invented way of Justicel, sitting with their Will, or the Sword only in one hand, and no balance at all in the other. We shall in the next place examine. CHAP. VII. Who Laboured to Shorten the war, and who to Lengthen it. THe odds was so great betwixt what the Parliament laboured to get, and the King to keep, as that which sways the balance in most men's actions will be argument enough to conclude they were more likely to lose by a peace than a war: therefore the more willing to continue it: and if their own interests would not put them so far upon it, their vain glory and ambition would be forward enough to persuade them to it, and if not that the success of their arms, or miscalled providence would make them look (as experience tells us they did) upon any tenders of peace, as Alexander the great did upon Darius his offer of half his kingdom: and if not that, their fears and jealousies now grown greater by wronging of the King, then ever they were when they suspected him; could never think it safe to let an enraged Lion into his den they had so long kept out of it. But the King could not fight for his own but he must adventure the undoing of his own; and could not but know that so much as was lost of his Subjects, would be so much lost of a King; and therefore doth all he can to preserve a People, had no mind to preserve themselves; and before he had gathered up the bays he won 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 war afterward behaved himself rather like a weeping father defending himself against the strokes and violence of disobedient Children. Had the Parliament accepted of his offers before he came to Beverley or besieged Hull, he had never set up his Standard at Nottingham; or had they loved his People, but half so much as he did, their Armies had never seen his Banners displayed at Edge-hill. Had they harkened to his many endeavours for Peace after that battle, and not sought to surround or ruin him when he came so near as to their very doors to entreat for it, they had never been troubled to frame an accusation against him for defending himself at Braynford. Had his Treaty at Oxford been proceeded in with the same desires of Peace he brought to it, the blood that was shed at Caversham-bridge had been kept for better purposes, had he sought his own advantages he had not besieged Gloucester; or had he not been so unwilling to put the People in it to the hazard of a storm might have taken it; had they not sent their general to assault him at Gloucester, whilst he was as David besieging the strong hold of the Jebusites that witheld it from his obedience, and sought to ruin and undo Him as well as his loyal Subjects, he had not fought with them afterwards at Newberry, had not his Olive branches been flung in the fire by those he sent them unto, he had not been put to defend himself at cropredy-bridge. Had any thing been able to prevail with the Parliament to pity their fellow Subjects, he had not taken such a tedious and dangerous march to relieve those they would have ruined at Bodmin in Cornwall. Had the Treaty at Uxbridge taken effect he needed not afterwards have adventured so much to defend himself at Newberry. Had not the newmodeled Army after so many tenders of Peace, refused by their masters, been sent out to destroy him, he had not been put to the trouble of taking Leicester for his security. And had not he been surrounded and almost surprised by them, might have reserved himself to a better success and advantage than he had at Naseby. Had his voluntary resigning up of the remainder of his Armies and Garrisons been able to persuade any thing with them, there had not been so much as a relic of war left in the kingdom, 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 harps of the Children of Israel, no● should the drums have out gone the voice of the Turtle. he that could not bring himself to the common actions of war to hang a spy, in so much as when one of them was hanged before he was told he was taken, he was entreating the governor of Oxford to spare him. He that when he had John Lilborne one of the most factions that were against him, Wingate and Da●ley Parliament men, colonel Ludlow an actor of that Treason his father had not long before spoken against him, and Dr. Bastwick one of the bellows and principal factors of this horrid Rebellion, did no more than imprison some of them, and giving the rest a legal trial, showed them what the Law they made silly People believe they took up arms to maintain, would judge of them; & suffered them to be exchanged to do what they could afterwards against him: he that when he had taken 400. prentise-boyes in the fight at Brainford, did but dismiss and pity them; & when he had compelled the E. of Essex the Parliament General at Lesti●hiel in Cornwall to fly away by Sea in a cockboat, and leave all the Artillery and foot of his Army to his mercy; did no more but disarm 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 designs would have given them leave) to have received it: he that could say he should be more afraid to take away any man's life unjustly then to lose his own! was not likely to be guilty of blood seeking, or the shedding of it: he that had experience enough how much his Life and crown were sought for, yet to show them the way to peace, and to take off all pretences to hinder it, could Sheath his own Sword, and put himself into the hands of those he had so little reason to trust, as he knew them to be the great contrivers of the war against him, caused the marquess of Montrosse, one of his mighty men of war, to disband; when he was master of a strong and (not long before) fortunate Army in Scotland; commanded Newarke, Oxford, Wallingford and Worcester, very strong and almost impregnable towns and Garrisons in England to be delivered up, and all acts of hostility by Sea & Land, and all the preparations his friends could make either in foreign parts or at home to cease: he that could endure five years Ballading, Libelling, and Preaching against him, and such heaps of numberless affronts and injuries of all kinds done unto him, and two years' imprisonment afterwards; yet so long as he enjoyed but the liberty of Pen & ink 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 he could to avoid, & offered so much to make an end of; but on the contrary if we take into our consideration the more than Gothish unheard of inhuman cruelties, acted and done by the Parliament against their better fellow Subjects, their plunderings, Sequestrations, and racking of every man's 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 rivulets of blood, hundred thousands of ruined families, and thronged hospitals of sick and wounded men, widows and fatherless cried aloud to them for Peace) and their killing and murdering those that but petitioned for it, and a foundation laid of a new war may last as long as that of the Netherlands and Germany. There will be enough and enough again to ensure us of this most clear and evident truth, the King did all he could, and more than any man else would have done to obtain Peace, and the Faction or Parliament all they could to avoid it: for certainly if there be any rules of Learning Truth or Reason left us to judge by, he must be sequestered of all his brains 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 Solomon, 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 divided and to be cut and torn all to bits and pieces, and would do nothing at all to save, but every thing to destroy it. And now we have seen a King undone and imprisoned for his endeavours to protect his People, and bring again beloved Peace to those that would not entertain it: and heard the report of his murder (for most of the people's eyes have not seen it, nor have their hearts acted in it) we shall as most men do (after they have lost a good offer or opportunity) inquire. CHAP. VIII. Whether the Conditions offered by the King would not have been more profitable, if they had been accepted; and what the People have got instead of them. IN Order to which, though so woeful and over-and-over-●itterly-Tasted, seen, 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 be as needless to inquire of them, as for a man to ask where to find Paul's Steeple in London when he is in Paul's churchyard, or to inquire for the sun in the dog-days, when he and every man else may see or feel the effects of it, we shall be 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 been the better bargain. The King like a pater patriae offered over and over to grant all manner of laws and Liberties, which might be good and wholesome for his People, and only denied to grant those things the granting whereof (as he said himself) would alter the fundamental laws, and endanger the very foundation upon which the public happiness and welfare of his People was founded and constituted; or to give them Stones instead of bread, or Scorpions instead of Fishes. But the Parliament meaning to feed the People neither Collect. King's Messages and Answers p 61 with bread nor Fishes: ask the royal-sword, crown, and sceptre, Coronation-Oath, and Conscience, and an Arbitrary-Power to govern and domineer over their fellow Subjects, and to enslave those that trusted them: And though the King had already granted enough to preserve the laws, ●ives, Religion, and Liberty of the people, and was so willing almost at any rate to purchase a peace for himself and his people; as he 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 turn, 'twas Naboth's vineyard, not Ahab's Fast made all the business: the Parliament that pretended so much to deny themselves, and to dote upon the people, do notwithstanding all they can to continue the war and to cozen and force the people's 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 murder him, but thousands, and many ten thousands of their fellow-subjects, and the laws, Religion, and Liberties of the people. And now that they have done more than the men of the Gunpowder-treason intended to do: and all England are become like Sheep without a shepherd, wandering on the mountains, and thousands of Wolves by votes and ordinances, and miscalled Acts of Parl. appointed to feed them; 4 or 5 years sad experience in the wars of the Parliament against the King, and almost as much more time spent in settling and subduing the people, making them like Camels to kneel down to take up their burdens, labour, and travel hard, and endure hunger and thirst under them: yet yield up their veins to be pricked for blood to enable their drivers to furnish them with a new supply of burdens when they shall be discharged of what they have laid upon them: May easily show us a difference as big as a mountain betwixt our old good laws and Liberties enjoyed under a gracious King, who had an Estate of inheritance large enough of his own, besides an Oath to oblige 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 honesty; having no other obligations upon them but their own abominable designs and interests. For which of the People unless those that have traded in their neighbour's blood and ruin, but hath made their complaints of their undoing? The Religion of the kingdom once so glorious is now cut into fancies and blasphemies; the Churches where God was wont to be worshipped, either defaced or pulled down or made Stables for horses; the laws of the kingdom that were consonant to the Word of God, and had in them the Quintessence of all could be found to be extant in the laws of nature, Nations, civil laws or rectified reason, and whatsoever the wisdom and care of all former Kings in Parliament, or the usage and customs of this or any other neighbouring Nations could bring to its perfection, and were wont to nourish and preserve peace and property, among us voted out, or into that sense, or t'other interest to that every thing or nothing, or to that nonsense according as the lawless, Unlimited, Unjust, and Ignorant will of fellow Subjects, shall please to misuse them in the voting-house, or place of bandying eyes or no's (for a Parl. which in it's legal and primitive institution consisting of King, Lords & Commons, & the right use of it, is so venerable as no man (as our Laws say) ought so much as to speak, or think dishonourably of it, we cannot without violence to the Laws and our own reason and understanding call it) where public orders are made without hearing of all, or any parties interessed, a piece 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 jugglers, carry all the business as they have a mind to it. A way of Justice worse than that (if there were any in it) of a lawless 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 Weavers funeral Monuments pa. 605. Court with as low a voice as possibly he may, writes orders with a coals, and they that answer not, are deeply amerced: For that being a particular punishment long ago inflicted upon the tenants of certains manors in Raleigh hundred for a conspiracy against a King, is but once a year, and some shift or change or mercy of the Steward, or an appeal may take away the inconveniency of it. A way of government worse than to be Subject to the rule of so many fools, for they might perchance do that would be 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 do something which was reasonable, worse than for every Subject of England to be put to play at dice for his life, or Estate, or any thing else he should crave a Justice to get or keep; for than he might by skill or chance obtain some thing: In fine worse than any example or way of Government the World hath as yet produced, and can have nothing worse but Hell itself. The Parliament and privileges of it are destroyed, and every man's Life and Estate in no better a condition then at the pleasure of the next pretenders to it. All the Charters and Liberties of cities and corporate town's Corporations of Trade, and Companies of Merchants made void; all the Merchandise, Trade, and manufacture of the kingdom 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 void and dependent upon their Arbitrary Independent power; all that is in the Law concerning Navigation, the King's protection of his people; certainty of customs, Trade and intercourse, leagues and correspondencies with foreign Princes expired or annihilated, and all that our forefathers have obtained by way of laws and Settlement, and certainty of Estate, are now at dispose of our vote-mongers; who instead of a most Pious and gracious King governing by known laws, have set us up 43. or 50. Kings, and ten times as many more Knaves and fools, who will govern by no Law but such as they shall call laws and make themselves; can be accusers, witnesses, and Judges at one and the same time, and if need be, condemn and take away men's Estates first, and try them after two or three years Petitioning for it: a bondage and slavery in the general more than ever any of our ancestors tasted of. For the Romans whose Justice and morality at home, and virtue and temperance abroad, made them free enough from tyranny; did but make them as Tributaries: The Picts made but temporary incursions, and a wall could be made against them: The Saxons and Danes brought us good laws; and Willians the conqueror was conterted to restore them. And all that succeeded him since, understood a government by laws to be their own as well as the people's security: but this which they have now brought upon us and would keep us under, is a misery beyond that was suffered under the 30. tyrants of Athens, Spartan, Ephori, or Rome's Dece●●virat, for there were something of laws and Rules to govern by: The Children of Israel in the Egyptian sl●very had a property in their goods and cattle, 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 killed, imprisoned or fequestred for Petitioning against the sense of Phareah. The Jews in captivity had so much liberty of Conscience allowed to them, as to play upon their Harps, and sing the Songs of Zion in a strange Land. The frozen Russians though so dull and ignorant as when they are asked any matter of State or difficulty make answer God and the great Duke knoweth breath not under so arbitrary and lawless a government. The Grecians had not their laws, Religion & Liberties, as we 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 equal the one ●alie of our English Slavery. Into which we had never fallen or come at all, or so long groaned under, had we but served God and the King, as we ought to have done; and not wrested the sense as well as the plain words of the Scripture and the Laws of the Land to enable the sons of Zerviah to be too hard for us, and bring all manner of mischief▪ confusion and wickedness upon us, more than Rome's 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 endeavouring to Protect us. How gracious then was he who endured the heat of the day and cold of the night, to preserve a great deal more for us then Nabals sheep could amount unto: yet being worse used than ever David was for it; could not tell how so much as to threaten to do that which David had so great a mind to do, but fought as long as he could to protect them, would not so much as defend themselves; but did all they could to rain those that defended him. And how much was he beyond Codrus the Athenian King, the Roman Curtius, or Deccis (if all that the Ancients wrote of them were true) who sacrificed themselves, but not their Estates and Posterity to preserve the public, and how good beyond example, or the Credit of any history, who made himself a Martyr for his people's Lives, and Liberties; & endured so many deaths and suffered more indignities than 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 neutrality helped to ruin him: and when he knew whatsoever Conditions or Propositions he should be forced to yield unto, would by the Law of God as well as the civil and Common Law, the laws of Nature and Nations, and the dictates of every common man's reason and apprehension have been void in the very making of them, and could not have reached to his posterity, and that if he would but have surrendered up his people, and gone along with their new masters in their Arbitrary and tyrannical 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 sheep to the Wolves; he might no doubt have had a good part of the Fleece to his own share; or but with Samson have pleased himself with revenge and delivered up a people to Slavery, were at so mu●h expense of Treasure and Blood and their own souls to bring their sovereign to it; might have worn the title of a King and played the wanton with Sardanapalus in the company and delight of women, pleased his palate with Vitellius, his pride if he had any with Bassianus, his cruelty if he could ever have been guilty of it with Commodus, and with Childeric the lazy King of France in a Chariot decked with garlands, whilst others governed for him, been at certain times of the year only exhibited to the People, and like the Minotaur of Crete wallowed in the labyrinth of Parliament privileges and devoured his people, did notwithstanding refuse to do any thing might help himself either to purchase his own quiet, or so great a liberty; and would neither for any good might come to himself, or any evil might be cast upon him and his posterity, be persuaded or threatened from the protection of his People, who (if he had not taken more care for them than they did for themselves) must, if he had yielded to all the Parliament propositions (for then they might have imagined mischief by a Law) have from time to time been engaged in any war their taskmasters had a mind to put them upon, must have been excised, plundered, sequestered, ruined, and undone; sworn and forsworn; constrained to swear to do a thing to day, and the next day swear not at all to do it. The son set to kill his Father, and brothers forced to fight one against another, and have all their holidays turned to thanksgiving days, that they are undone, or fasting days that they may be undone soon enough. And if at any time that thing they call a Parliament should think it fit to make a directory to the Koran, and to order every man to turn Turk, and the King as their Henry Scobell or town clerk, but subscribe it, their spiritual as well as their temporal Estate, and their souls as well as their Bodies must be voted and forced to it. And now let the People that have tasted too much of such a kind of happiness, and are like to continue in it, as long as their misery-makers can by any help of the devil or his angels hold them to it; consider whether they or their forefathers (though some have thought themselves to have wit enough to adventure to call them fools) were the wiser, whether they that settled the government, and were contented with it, or they that pulled it in pieces, and whether the tearing up of the fundamental laws of Monarchy, Peerage Parliament, and Magna Charta, even since the day the King was murdered for defending of them, which every one but themselves desired to uphold, be not enough (besides the Scottish combination, and the plots to ruin Monarchy, and the King and his posterity, before the five Members and Kimbolton had so far●● engaged themselves in it) to inform them, if nothing else had been demonstrated unto them: That the King did all he could to preserve the laws, Religion, and Liberties of the People (which diver● pieces of his coin will help to perpetuate the truth as well as the memory of) and the parliament all they could to destroy them▪ And that as he actually endeavoured to defend them so have they as actually undone and destroyed them. And let the greatest search of history can be made, or time itself be Judge, if ever any war 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 he was to govern, and for laws to restrain himself withal: or if it were possible for him to suffer so much in any man's opinion, as to have it thought to be unlawful, or that he was a murderer of his people for seeking to protect them. How shall any King or magistrate be able to bear or use the Sword when they themselves shall be in continual danger to be beaten with it? King Edward the 2. of England was not murdered for the blood that was shed in the Barons wars, though some of them had drawn their swords, but in performance of his father's will to take away his favourite 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. publicly accused for that of Jack Cades Rebellion, and the most bloody differences of the White and Red-Roses; nor Queen Elizabeth for all that was spilled in reducing Ireland, when her favourite the Earl of Essex made it to be the more by his practices with Tyrone, nor for the blood of Hacket who pretended to be Christ, nor of Penry, and other Sectaries (lesser Incendiaries than Burton, Prynn●, and Bastwick) for disturbing the commonwealth, the great Henry of France was not endeavoured by his Catholic Subjects to be brought to trial for shedding so much of their Blood to reduce them to his obedience, nor by his Protestant Subjects after he was turned Catholic for spending so much of their blood to another purpose than they intended it. Nor have the stout hearted Germans (though many of them great and almost free Princes (in their late peace and accord made betwixt the Swedes and the Emperor, thought it any way reasonable or necessary to demand reparation for those millions of men, Women and Children, houses and Estates were ruined and spoiled by a 30. years' war to reduce the Behemians and Prince Elector Palatine to their obedience. For what rules or bounds shall be put to every man's particular fancy or corrupted interest, if they shall be at liberty to question and call to account the authority God hath placed over them? Shall the son condemn or punish the father for his own disobedience? the Wife her Husband for her own act of Adultery? or the Servant the Master, for his own unfaithfulness? or can there be any thing in the Reason or understanding of man, to persuade 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 himself (like the Jews high Priest confessing a truth against his will) in the words he gave instead of reason for murdering 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 be no better than the Tribum plebis of Rome and the Ephori of Sparta, the former of which for manifold mischiefs and inconveniences were abrogated, and laid aside, and never more thought fit to be used, and the latter (not being half so bad as our new State Gipsies) killed and made away to restore the People again to their Liberties. But the opinion, and Judgement of the Learned Lord chief Justice Popham (who then little thought his grandchild colonel Popham should join with those that sat with their Hats on their heads, and directed the murder of their sovereign: and if he were now living would sure enough have hanged him for it) and those other learned Judges, in the case and trial of the Earl of Essex in the reign of Queen Elizabeth, That an intent to hurt Camden's annals Eliz. pa. 798. the sovereign Prince, as well as the Act of it, was Treason.: And that the laws of England do interpret every act of Rebellion or Treason to aim at the death or deposing the Prince. For that Rebels by their good will never suffer that King or Prince to live, or reign that understands their purposes, and may revenge them, agreeable to that of the civil Law: That they that go about to give law, 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 several of his Declarations published to the People (in the midst of the Parliaments greatest pretences and promises) that they intended to take away his life, and ruin him, are now gone beyond suspicion▪ and every man may now know the meaning of their cannoneers levelling at the King with perspective glasses, at Copredy bridge, the acquitting of Pym the ●nn●keeper who said he would wash his hands in the King's Heart Blood▪ stifling of 15. or 1●. several 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 sun in the Firmament and the four great quarters of the Earth, and the Shapes and Lineaments of man are not so universally known, seen or spoken of; as this will be most certain to the present as well as after ages. The end hath now verified the beginning, and Quo● primum fuit in intentione ultimo loco agitur, seven years hypocritical Promises and Practices, seven years' Pretences, and seven years preaching and prattling 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 cozenage then that of Medea when she 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 speed as well with it as the Frogs did with the stork that devoured them; And they have not only slain the King who was their Father, but like Nero ripped up the belly of the commonwealth which was their Mother: The light of Israel is put out; and the King, laws, Religion, and Liberties of the People murdered, an action so horrid, and a sin of so great a magnitude, and complication as if we shall ask the days that are past, and inquire from the one end of the Earth to the other, there will not be found any wickedness like to this great wickedness, or hath been heard like it. The Seaverne, Thames, Trent and Humbar, four the greatest Rivers of the kingdom with all their lesser running streams of the Island in their continual courses, and those huge heaps of water in the Ocean and girdle of it in their restless agitations will never be able to scour and wash away the guilt and stain of, though all the rain which the clouds shall ever bring forth, and impart to this Nation and the tears of those that bewail the loss of a King of so eminent graces and perfections be added to it. Quis cladem illius diei? quis funera fando Explicet? aut possit lachrimis aequare dolores? Gens antiqua ruit, multos dominata per Annos. FINIS.